Mead v. Gaston County Police Department et al

Filing 185

ORDER that additional briefing be submitted by both parties solely about the claims for trespass and malicious prosecution against the Defendants in their individual capacities. Defendants memorandum due by April 10, 2017. P laintiffs response deadline will be 10 days from the date the Defendants memorandum is submitted. Defendants reply deadline will be 5 days from the date the Plaintiffs response is submitted. Signed by Senior Judge Graham Mullen on 3/30/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-CV-00132-GCM
MICHAEL MEAD,
Plaintiffs,
v.
CALVIN SHAW
REGINALD BLOOM
WILLIAM SAMPSON
GASTON COUNTY,
Defendants.

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ORDER

THIS MATTER is before the Court on its own motion. The Fourth Circuit issued an
opinion on March 28, 2017 stating that the Court’s Order on January 25, 2016 granting
Defendants motion for summary judgment and Defendant’s partial motion to dismiss “did not
address the claims for trespass and malicious prosecution against the Defendants in their
individual capacities.”
The Court reviewed the briefing submitted by both parties for the Court’s January 2016
order including Defendants’ Partial Motion to Dismiss (Doc. No. 117) and Memorandum in
Support (Doc. No. 119), Plaintiff’s Response in Opposition (Doc. No. 131), and Defendants’
Reply (Doc. No. 133), Defendants’ Motion for Summary Judgement (Doc. No. 141) and
Memorandum in Support (Doc. No. 149), Plaintiff’s Response in Opposition (Doc. No. 161), and
Defendants’ Reply (Doc. No. 170), Plaintiff’s Partial Motion for Summary Judgment on Counts
II and IV (Doc. No. 150) and Memorandum in Support (Doc. No. 152), Defendants’ Response in
Opposition (Doc. No. 167), and Plaintiff’s Reply (Doc. No. 173).

It appears that through the significant briefing done on the numerous claims in this case,
the discussion of the claims for trespass and malicious prosecution against the Defendants in
their individual capacities was aggregated and muddled.
IT IS THEREFORE ORDERED that additional briefing be submitted by both parties
solely about the claims for trespass and malicious prosecution against the Defendants in their
individual capacities. The Defendants must submit their memorandum by April 10, 2017. The
Plaintiff’s response deadline will be 10 days from the date the Defendant’s memorandum is
submitted. Defendants’ reply deadline will be 5 days from the date the Plaintiff’s response is
submitted. All memorandums submitted on this issue may be no longer than 10 pages in length.
SO ORDERED.

Signed: March 30, 2017