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	www.aligus.com was established November 7, 2002 to advocate against veterinary malpractice, incompetence & negligence and to educate the public about how state veterinary boards handle citizens' complaints
	HOME  THE NCVMB MONCE LIBEL LAWSUIT MEDIA REPORTS ABOUT VET BOARDS RESOURCES

Counsel:  Michael Crowell, Esq.; Kenneth A. Soo, Esq.
Tharrington, Smith, LLP
Raleigh, North Carolina

Exhibit A:  Portion of February 21, 2005 aligus.com home page submitted by Kevin Monce, DVM

   Response to the Lawsuit of Kevin Monce

Counsel:  Hugh Stevens, Esq.; C. Amanda Martin, Esq.
Everett, Gaskins, Hancock & Stevens, LLP
Raleigh, North Carolina

Exhibit 1:  Letter of Reprimand issued October 17, 2001 to Dana R. Jones, DVM, by the North Carolina Veterinary Medical Board (NCVMB)

Exhibit 2:  Letter of Reprimand issued October 17, 2001 to Kevin A. Monce, DVM, by the NCVMB;  Kevin Monce's November 6, 2001 rejection of the Letter of Reprimand

Exhibit 3:  Consent Order entered into April 7, 2003 between Kevin Monce and the NCVMB

November 3, 2005	Deas Memorandum of Law
November 8, 2005	Monce Memorandum of Law
January 25, 2006	Order of the Honorable John R. Jolly
	"... the motion by Defendants for judgment in their favor on the pleadings pursuant to the provisions of Rule 12(c), NCRCP, is DENIED."

  Defendants' and Plaintiff's Motions for Summary Judgment

September 25, 2006	Deas Motion
October 21, 2006	Deas Brief
November 9, 2006	Monce Motion and Brief
November 14, 2006	Deas Supplemental Brief
November 29, 2006	Crowell Letter to Judge Fox
December 15, 2006	Order of the Honorable Carl R. Fox
	"... the court determines that both the defendants' motion and the plaintiff's cross-motion should be denied."

  Plaintiff's Motion:      "Not Matter of Public Concern"
 Defendants' Motion:  "Public Concern and Other Threshold Issues of Law"

January 31, 2007	Order of the Honorable Donald W. Stephens
April 16, 2007	Monce Motion
May 21, 2007	Monce Brief
June 4, 2007	Deas Motion and Brief
June 7, 2007	Order of the Honorable Donald W. Stephens
	1. "Application of the principles set out in those cases to the undisputed facts of this case leads to the legal conclusion that the speech challenged in this lawsuit was addressed to a matter of public concern. Accordingly, plaintiff's motion for partial summary judgment on the issue of public concern is denied. Pursuant to Rule 56(c) of the North Carolina Rules of Civil Procedure, partial summary judgment on that issue is entered in favor of the defendants." 2. "There being no discernible legal basis for an award of attorney fees to the plaintiff, summary judgment is entered in favor of defendants on that issue." 3. "Therefore, summary judgment on the issue of punitive damages is entered in favor of the defendants." 4. "The Court reserves for the trial judge all remaining issues."

  Defendants' Motion to Dismiss and Strike Plaintiff's Notice of Appeal on Public Concern

July 9, 2007	Monce Notice of Appeal
July 25, 2007	Deas Motion
August 16, 2007	Monce Response
August 20, 2007	Stevens Letter to Judge Stephens
August 20, 2007	Order of the Honorable Donald W. Stephens
	"... the court determines that the motion should be allowed because the order from which the plaintiff is attempting to appeal is interlocutory, does not affect a substantial right, and has not been certified for appeal pursuant to Rule 54(b) of the North Carolina Rules of Civil Procedure; accordingly the "Notice of Appeal" filed by the plaintiff on July 9, 2007 is a nullity. The case shall proceed to trial on the merits."

  Plaintiff's Notice of Dismissal

	Superior Court Trial Calendar - October 29, 2007
October 22. 2007	Monce Notice of Voluntary Dismissal Without Prejudice
November 13, 2007	Monce Notice of Voluntary Dismissal With Prejudice

 

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