On the same day I filed my federal complaint, I received an email from Mr. Yopp stating that he intended to file a motion to continue the trial and asking what date I preferred. I responded by reiterating that under the automatic stay, it wasn’t my responsibility to propose dates—it was the court’s obligation to…
On April 16, 2025, the defendants filed a Request for Judicial Settlement of the Record on Appeal under Rule 11(c), but their request went far beyond what the rule permits. Rule 11(c) allows the trial court to resolve disputes over the narrative of the record—factual disagreements or clarifications about what happened procedurally—not to decide what…
On March 5, I properly served the Proposed Record on Appeal through the Wake County Superior Court’s Odyssey eFile and eServe system. Under Rule 26(c) and Rule 11(b), that triggered the 10-day clock for objections, making opposing counsel’s deadline April 4. I never heard from him, so on Monday, April 7, around noon, I served…
On March 5, I completed the Proposed Record on Appeal and served it to opposing counsel. For context, the Record on Appeal is a highly structured document that includes every relevant filing, order, and transcript from the trial court, organized in a very specific way so the Court of Appeals can understand the full context…