CARRINGTON et al v. DUKE UNIVERSITY et al

Filing 162

MOTION for Voluntary Dismissal With Prejudice of Plaintiffs' Claims Against Marsha Covington, As The Executrix of the Estate of John Wesley Covington by EDWARD CARRINGTON, CASEY J. CARROLL, GALE CATALINO, MICHAEL P. CATALINO, THOMAS V. CLUTE, KEVIN COLEMAN, JOSHUA R. COVELESKI, EDWARD J. CROTTY, EDWARD S. DOUGLAS, KYLE DOWD, PATRICIA DOWD, DANIEL FLANNERY, RICHARD GIBBS FOGARTY, IRENE GREER, ZACHARY GREER, ERIK S. HENKELMAN, STEVEN W. HENKELMAN, JOHN E. JENNISON, BEN KOESTERER, JOYCE KOESTERER, MARK KOESTERER, FRED KROM, PETER J. LAMADE, ADAM LANGLEY, BARBARA LOFTUS, CHRISTOPHER LOFTUS, DANIEL LOFTUS, ANTHONY MCDEVITT, GLENN NICK, LYNNDA O'HARA, NICHOLAS O'HARA, DANIEL OPPEDISANO, SAM PAYTON, JON BRADLEY ROSS, KENNETH SAUER, III, STEVE SCHOEFFEL, ROBERT SCHROEDER, DEVON SHERWOOD, DANIEL THEODORIDIS, BRET THOMPSON, CHRISTOPHER TKAC, TRACY TKAC, JOHN WALSH, JR., MICHAEL WARD, ROBERT H. WELLINGTON, IV, WILLIAM WOLCOTT, MICHAEL YOUNG. Responses due by 11/8/2010. (Attachments: # 1 Proposed Order) (THOMAS, WILLIAM) Modified on 10/15/2010 to edit text to accurately reflect document title. (Lloyd, Donna)

IN THE UNTED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NO. 1:08-CV-119 _________________________________________ ) EDWARD CARRINGTON, et al., ) ) Plaintiffs, ) ) ) vs. ) ) DUKE UNIVERSITY, et al., ) ) Defendants. ) _________________________________________ ) MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE OF PLAINTIFFS' CLAIMS AGAINST MARSHA COVINGTON, AS THE EXECUTRIX OF THE ESTATE OF JOHN WESLEY COVINGTON Plaintiffs respectfully file this motion pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure and move the Court for an order voluntarily dismissing with prejudice Plaintiffs' claims against Marsha Covington, as the executrix of the Estate of John Wesley Covington in the above captioned matter. Plaintiffs state as follows: 1. Plaintiffs, 38 members of the Duke University lacrosse team and several In support of this motion

parents of certain members, duly commenced this action on February 21, 2008. Plaintiffs filed and served their First Amended Complaint on February 22, 2010. 2. John Wesley Covington was a named Defendant in Plaintiffs' original

Complaint and Plaintiffs' First Amended Complaint. Mr. Covington passed away on February 2, 2010. 3. Plaintiffs filed a Motion for Substitution asking the Court to order that

Marsha Covington, as the executrix of the Estate of John Wesley Covington be

substituted as a party in this action in place of the deceased John Wesley Covington. The Court granted Plaintiffs' Motion for Substitution in a written order signed May 10, 2010. 4. Due to the untimely death of John Wesley Covington, Plaintiffs no longer

desire to proceed in this action against the Estate of John Wesley Covington. 5. Marsha Covington, as executrix of the Estate of John Wesley Covington

has consented to this Motion. For the foregoing reasons, Plaintiffs respectfully request the Court to issue an order voluntarily dismissing with prejudice Plaintiffs' claims against Marsha Covington, as the executrix of the Estate of John Wesley Covington. This the 14th day of October 2010. Respectfully submitted, COOPER & KIRK, PLLC By: _/s/ Charles J. Cooper___________ Charles J. Cooper* David H. Thompson* Nicole Jo Moss (N.C. Bar # 31958) 1523 New Hampshire Avenue, NW Washington, DC 20036 Tel. [phone] Email: [e-mail] Email: [e-mail] ____

(* motion for special appearance has been filed) THOMAS, FERGUSON & MULLINS, L.L.P. By: _/s/ William J. Thomas___________ ___ William J. Thomas, II (N.C. Bar # 9004) 119 East Main Street Durham, NC 27701 Tel. [phone] Email: [e-mail] Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on October 14, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following counsel as required by Rule 5 of the Federal Rules of Civil Procedure: Counsel for Marsha Covington as Executrix of the Estate of John Wesley Covington Kenneth Kyre, Jr. Email: [e-mail] Counsel for City of Durham Reginald B. Gillespie, Jr. Email: [e-mail] Counsel for Mark Gottlieb David William Long Email: [e-mail] Counsel for Benjamin Himan Joel Miller Craig Email: [e-mail] Counsel for Patrick Backer, Steven Chalmers, Ronald Hodge, Lee Russ, Stephn Mihaich, Beverly Council, Jeff Lamb, and Michael Ripberger Patricia P. Kerner Email: [e-mail] Counsel for David Addison James B. Maxwell Email: [e-mail] Linwood Wilson, pro se Email: [e-mail] Counsel for Duke University Defendants and Duke SANE Defendants Jamie S. Gorelick Email: [e-mail] /s/ William J. Thomas, II