CARRINGTON et al v. DUKE UNIVERSITY et al

Filing 110

REPLY, filed by Defendant LINWOOD WILSON, to Response to 80 MOTION to Dismiss filed by LINWOOD WILSON. (Crumley, Billy)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Case No.: 1:08-cv-119
EDWARD CARRINGTON, et al., ) ) Plaintiffs, ) ) vs. ) ) DUKE UNIVERSITY, et al. ) ) Defendants. )

REPLY MEMORANDUM OF DEFENDANT LINWOOD WILSON IN SUPPORT OF HIS MOTION TO DISMISS
________________________________________________________________________ Defendant Linwood Wilson (hereinafter "Wilson"), prose, respectfully, submits this, his Reply to the "Plaintiffs' Opposition to Defendant Linwood Wilson's Motion to Dismiss Pursuant to Rule 12(b)(6)." (Doc. No. 94, hereinafter Plaintiffs' Opposition to Wilson's Motion). In their Complaint, the Plaintiffs had named Linwood Wilson as an individual Defendant in Plaintiffs' claims against him, set out in Counts Eight, Ten, Twenty, Twenty-One, Twenty-Two, Twenty-Three, Twenty-Four, Twenty-Five, Twenty-Six, Twenty-Eight, Twenty-Nine and Thirty. In addition, Counts 22 and 23 listed "All Defendants" as the named Defendants which would presumably have included Linwood Wilson. In the Plaintiffs' Opposition to Defendant Linwood Wilson's Motion to Dismiss Pursuant to Rule 12(b)(6), in their Conclusion, they stated "For the foregoing reasons, Defendant Himan's and Wilson's motions to dismiss should be denied, except that they may be granted with respect to Counts 29-30 and with respect to the official-capacity claims in Counts 8, 10, 20-22, 25-26, and 28, as stated above. (Plaintiff's Opposition to 1

Wilson's Motion p. 12). This concession effectively removes Linwood Wilson from these counts and the Plaintiffs have agreed that Linwood Wilson's Motion to Dismiss should be granted. CONCLUSION For the reasons set forth initially in Linwood Wilson Motion to Dismiss and his Memorandum of Law in Support of (his) Motion to Dismiss; with the consent of the Plaintiffs that his Motion to Dismiss should be granted as to Counts 8, 10, 20-22, 25-26, 28, 29, 30 as set forth above; Linwood Wilson respectfully requests the Court to Dismiss all claims against him, individually, arising out of the Complaint filed against him. This the 29th day of September, 2008. /S/ Linwood Wilson Pro Se. 6910 Innesbrook Way Bahama, NC 27503

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Certificate of Service I hereby certify that I have served a copy of the foregoing Reply Memorandum of Defendant Linwood Wilson in Support of his Motion to Dismiss upon the below listed individuals by electronically filing the document with the Clerk of Court on this date using the CM/ECF system which will send notification of such filing to the following counsel and:

William J. Thomas, II 119 East Main St. Durham, NC 27701 Counsel for Plaintiffs Charles J. Cooper David H. Thompson Brian S. Doukoutchos Nicole Jo Moss David M. Lehn Cooper & Krik, PLLC 1523 New Hampshire Ave., NW Washington, DC 20036 Counsel for Plaintiffs J. Donald Cowan, Jr. Dixie Thomas Wells Ellis & Winters, LLP 100 N. Greene St., Suite 102 Greensboro, NC 27401 Counsel for Defendants Duke University, Richard H. Brodhead, Peter Lange, Larry Moneta, John Burness, Tallman Trask, Suzanne Wasiolek, Matthew Drummond, Aaron Graves, Robert Dean, Kate Hendricks, and Victor J. Dzau Jamie S. Gorelick Jennifer M. O'Connor Paul R. Q. Wolfson Wilmer, Cutler, Pickering, Hale and Dorr, L.L.P. 1875 Pennsylvania Ave., NW Washington, DC 20006 Counsel for Defendant Duke University, et al.

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William F. Lee Wilmer, Cutler, Pickering, Hale & Dorr, LLP 60 State St. Boston, MA 02109 Counsel for Defendant Duke University, et al. Dan J. McLamb Shirley M. Pruitt T. Carlton Younger, III Yates, McLamb & Weyher, L.L.P. P. O. Box 2889 Raleigh, NC 27602-2889 Counsel for Defendants Duke University Health System, Inc., Tara Levicy and Theresa Arico Reginald B. Gillespie, Jr. Faison & Gillespie P. O. Box 51729 Durham, NC 27717 Counsel for Defendant City of Durham Joel M. Craig Henry W. Sappenfield Kennon, Craver, Belo, Craig & McKee, PLLC P. O. Box 51579 Durham, NC 27717-1579 Attorneys for Defendant Benjamin Himan Patricia Kerner D. Martin Warf Hannah G. Styron Troutman Sanders, LLP 434 Fayetteville St., Suite 1900 Raleigh, NC 27601 Attorneys for Defendants Patrick Baker, Steven Chalmers, Ronald Hodge, Lee Russ, Stephen Mihaich, Beverly Council, Jeff Lamb and Michael Ripberger

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