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U.S. District Court
North Carolina Middle District (NCMD)
CIVIL DOCKET FOR CASE #: 1:18-cv-01034-LCB-LPA
North Carolina Middle District (NCMD)
CIVIL DOCKET FOR CASE #: 1:18-cv-01034-LCB-LPA
NORTH CAROLINA STATE CONFERENCE OF THE NAACP et al v. COOPER et al
DOCKET INFORMATION
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| Plaintiff |
NORTH CAROLINA STATE CONFERENCE OF THE NAACP
Plaintiff
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| Representation | |||
| ANDREW T. TUTT ARNOLD & PORTER KAYE SCHOLER LLP 601 MASSACHUSETTS AVENUE, NW WASHINGTON, DC 20001-3743 (202) 942-5242 Fax: (202) 942-5999 andrew.tutt@arnoldporter.com ATTORNEY TO BE NOTICED | CAITLIN SWAIN-MCSURELY FORWARD JUSTICE POB 42521 WASHINGTON, DC 20015 (202) 256-1976 cswain@forwardjustice.org ATTORNEY TO BE NOTICED | JAMES W. COOPER ARNOLD & PORTER KAYE SCHOLER LLP 601 MASSACHUSETTS AVENUE, NW WASHINGTON, DC 20001-3743 james.w.cooper@arnoldporter.com 202-942-500 ATTORNEY TO BE NOTICED | |
| JEREMY C. KARPATKIN ARNOLD & PORTER KAYE SCHOLER LLP 601 MASSACHUSETTS AVENUE, NW WASHINGTON, DC 20001-3743 (202) 942-5564 Fax: (202) 942-5999 Jeremy.Karpatkin@arnoldporter.com ATTORNEY TO BE NOTICED | JOHN M. HINDLEY ARNOLD & PORTER KAYE SCHOLER LLP 601 MASSACHUSETTS AVENUE, NW WASHINGTON, DC 20001-3743 (202) 942-5796 John.Hindley@arnoldporter.com ATTORNEY TO BE NOTICED | JOHN C. ULIN ARNOLD & PORTER KAYE SCHOLER LLP 777 S. FIGUEROA STREET, 44TH FLOOR LOS ANGELES, CA 90017 (213) 243-4228 Fax: (213) 243-4199 john.ulin@arnoldporter.com ATTORNEY TO BE NOTICED | |
| LEAH J. KANG ACLU OF NORTH CAROLINA POB 28004 RALEIGH, NC 27611 (919) 307-7353 lkang@acluofnc.org TERMINATED: 07/29/2019 ATTORNEY TO BE NOTICED | PENDA DENISE HAIR FORWARD JUSTICE POB 42521 WASHINGTON, DC 20015 (202) 256-1976 phair@forwardjustice.org ATTORNEY TO BE NOTICED | PRESTON M. SMITH ARNOLD & PORTER KAYE SCHOLER LLP 6305 WALBRIDGE STREET CAPITOL HEIGHTS, MD 20743 (919) 475-8361 preston.smith@arnoldporter.com ATTORNEY TO BE NOTICED | |
| RALF O. DUNN ARNOLD & PORTER KAYE SCHOLER LLP 601 MASSACHUSETTS AVENUE, NW WASHINGTON, DC 20001-3743 (202) 942-6461 Fax: (202) 942-5999 owen.dunn@arnoldporter.com ATTORNEY TO BE NOTICED | IRVING L. JOYNER P.O. BOX 374 CARY, NC 27512 (919) 319-8353 Fax: (919) 530-6339 ijoyner@nccu.edu IRVING JOYNER, ATTORNEY AT LAW ATTORNEY TO BE NOTICED | ||
| Defendant |
ROY A. COOPER, III IN HIS OFFICIAL CAPACITY AS GOVERNOR OF NORTH CAROLINATERMINATED: 07/02/2019 Defendant
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| Representation | |||
| BRIAN D. RABINOVITZ NORTH CAROLINA DEPARTMENT OF JUSTICE POST OFFICE BOX 629 RALEIGH, NC 27602 (919) 716-6863 Fax: (919) 716-6759 brabinovitz@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | STEPHANIE A. BRENNAN N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27603 (919) 716-6920 Fax: (919) 716-6764 sbrennan@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | ||
| Defendant |
JOSHUA MALCOM IN HIS OFFICIAL CAPACITY AS CHAIR OF THE NORTH CAROLINA STATE BOARD OF ELECTIONSTERMINATED: 07/02/2019 Defendant
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| Representation | |||
| PAUL M. COX N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602-0629 (919) 716-6932 Fax: (919) 716-6763 pcox@ncdoj.gov TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Defendant |
KEN RAYMOND IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE NORTH CAROLINA STATE BOARD OF ELECTIONSTERMINATED: 10/05/2021 Defendant
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| Representation | |||
| AMAR MAJMUNDAR N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602-0629 (919) 716-6821 Fax: (919) 716-6759 amajmundar@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | LAURA H. MCHENRY N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602-0629 (919) 716-6920 Fax: (919) 716-6764 lmchenry@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | OLGA E. VYSOTSKAYA DE BRITO NORTH CAROLINA DEPARTMENT OF JUSTICE POST OFFICE BOX 629 RALEIGH, NC 27602 (919) 716-0185 Fax: (919) 716-6759 ovysotskaya@ncdoj.gov TERMINATED: 07/15/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| PAUL M. COX (See above for address) TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | STEPHANIE A. BRENNAN (See above for address) ATTORNEY TO BE NOTICED | TERENCE P. STEED NORTH CAROLINA DEPARTMENT OF JUSTICE POST OFFICE BOX 629 RALEIGH, NC 27602 (919) 716-6567 Fax: (919) 716-6761 tsteed@ncdoj.gov ATTORNEY TO BE NOTICED | |
| Defendant |
STELLA ANDERSON IN HER OFFICIAL CAPACITYDefendant
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| Representation | |||
| AMAR MAJMUNDAR (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | LAURA H. MCHENRY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | MARY CARLA BABB N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602-0629 (919) 716-6573 Fax: (919) 716-0001 mcbabb@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| OLGA E. VYSOTSKAYA DE BRITO (See above for address) TERMINATED: 07/15/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | PAUL M. COX (See above for address) TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | STEPHANIE A. BRENNAN (See above for address) ATTORNEY TO BE NOTICED | |
| TERENCE P. STEED (See above for address) ATTORNEY TO BE NOTICED | |||
| Defendant |
JAY HEMPHILL IN HIS OFFICIAL CAPACITYTERMINATED: 07/02/2019 Defendant
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| Representation | |||
| PAUL M. COX (See above for address) TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Defendant |
VALERIE JOHNSON IN HER OFFICIAL CAPACITYTERMINATED: 07/02/2019 Defendant
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| Representation | |||
| PAUL M. COX (See above for address) TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Defendant |
JOHN LEWIS IN HIS OFFICIAL CAPACITYTERMINATED: 07/02/2019 Defendant
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| Representation | |||
| PAUL M. COX (See above for address) TERMINATED: 09/07/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Intervenor Defendant |
PHILIP E. BERGER, IN HIS OFFICIAL CAPACITY AS PRESIDENT PRO TEMPRE OF THE NORTH CAROLINA
SENATE TERMINATED: 06/03/2019Intervenor Defendant
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| Representation | |||
| NICOLE JO MOSS COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (910) 270-8768 nmoss@cooperkirk.com LEAD ATTORNEY | DAVID H. THOMPSON COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9659 Fax: (202) 220-9601 dthompson@cooperkirk.com ATTORNEY TO BE NOTICED | HALEY N. PROCTOR COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9600 Fax: (202) 220-9601 hproctor@cooperkirk.com ATTORNEY TO BE NOTICED | |
| JOSEPH O. MASTERMAN COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9600 Fax: (202) 220-9601 jmasterman@cooperkirk.com TERMINATED: 07/06/2019 ATTORNEY TO BE NOTICED | MICHAEL W. KIRK COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9600 Fax: (202) 220-9601 mkirk@cooperkirk.com ATTORNEY TO BE NOTICED | NATHAN A. HUFF K&L GATES LLP 430 DAVIS DR., STE. 400 MORRISVILLE, NC 27560 (919) 314-5636 Fax: (919) 516-2045 nate.huff@klgates.com ATTORNEY TO BE NOTICED | |
| NICOLE F. REAVES COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9600 Fax: (202) 220-9601 nreaves@cooperkirk.com TERMINATED: 05/21/2020 ATTORNEY TO BE NOTICED | PETER A. PATTERSON COOPER & KIRK, PLLC 1523 NEW HAMPSHIRE AVE., NW WASHINGTON, DC 20036 (202) 220-9600 Fax: (202) 220-9601 ppatterson@cooperkirk.com ATTORNEY TO BE NOTICED | ||
| Intervenor Defendant |
VOTER INTEGRITY PROJECT
Intervenor Defendant
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| Representation | |||
| KAYLAN PHILLIPS PUBLIC INTEREST LEGAL FOUNDATION 32 E. WASHINGTON STREET SUITE 1675 INDIANAPOLIS, IN 46204 (317) 203-5599 kphillips@publicinterestlegal.org ATTORNEY TO BE NOTICED | TIMOTHY R. HAGA HAGA LAW OFFICE POB 37083 RALEIGH, NC 27627 (919) 341-5774 Fax: (919) 516-0568 tim@hagalawnc.com ATTORNEY TO BE NOTICED | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Dec 20, 2018 | View | COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2481011.), filed by Winston Salem - Forsyth County NAACP, Chapel Hill - Carrboro NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP.(JOYNER, IRVING) (Entered: 12/20/2018) |
| 2 | Dec 20, 2018 | Request | Summons Issued as to All Defendants. (Attachments: # 1 MALCOM, # 2 LEWIS, # 3 JOHNSON, # 4 HEMPHILL, # 5 EGGERS, # 6 CORDLE, # 7 COOPER, # 8 CIRCOSTA, # 9 ANDERSON)(Coyne, Michelle) (Entered: 12/20/2018) |
| 3 | Dec 20, 2018 | Request | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 12/20/2018) |
| 4 | Dec 20, 2018 | Request | NOTICE by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP of Constitutional Challenge to Statute (JOYNER, IRVING) (Entered: 12/20/2018) |
| Dec 21, 2018 | Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Powell, Gloria) (Entered: 12/21/2018) | ||
| 5 | Jan 14, 2019 | View | NOTICE of Appearance by attorney NATHAN A. HUFF on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (HUFF, NATHAN) (Entered: 01/14/2019) |
| 6 | Jan 14, 2019 | View | NOTICE of Appearance by attorney NICOLE JO MOSS on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (MOSS, NICOLE) (Entered: 01/14/2019) |
| 7 | Jan 14, 2019 | View | MOTION to Intervene by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 2/4/2019 (Attachments: # 1 Supplement Proposed Answer, # 2 Text of Proposed Order Proposed Order)(MOSS, NICOLE) (Entered: 01/14/2019) |
| 8 | Jan 14, 2019 | View | MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 7 MOTION to Intervene Memorandum in Support filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: # 1 Exhibit A - Veto Statement, # 2 Exhibit B - S.B. 824, # 3 Exhibit C - 5/9/14 Motion, # 4 Exhibit D - 5/12/14 Order, # 5 Exhibit E - 2/21/17 Press Release, # 6 Exhibit F - 3/9/17 Reply Brief, # 7 Exhibit G - 8/8/13 Article, # 8 Exhibit H - 7/26/13 Article, # 9 Exhibit I - 8/2/16 Article, # 10 Exhibit J - 1/30/16 Article, # 11 Exhibit K - 1/19/16 Article, # 12 Exhibit L - 2/21/17 Press Release, # 13 Exhibit M - 5/15/17 Press Release, # 14 Exhibit N - 12/27/18 Order, # 15 Exhibit O - 1/2/19 Article, # 16 Exhibit P - H.B. 1029, # 17 Supplement Declaration)(MOSS, NICOLE) (Entered: 01/14/2019) |
| 9 | Jan 16, 2019 | Request | NOTICE by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP of Kirkland & Ellis LLP's Non-Participation (DONOVAN, DANIEL) (Entered: 01/16/2019) |
| 10 | Jan 18, 2019 | Request | NOTICE of Appearance by attorney PENDA DENISE HAIR on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (HAIR, PENDA) (Entered: 01/18/2019) |
| 11 | Jan 18, 2019 | Request | NOTICE of Appearance by attorney CAITLIN SWAIN-MCSURELY on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (SWAIN-MCSURELY, CAITLIN) (Entered: 01/18/2019) |
| 12 | Jan 18, 2019 | Request | NOTICE of Appearance by attorney LEAH J. KANG on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (KANG, LEAH) (Entered: 01/18/2019) |
| 13 | Jan 23, 2019 | Request | NOTICE of Appearance by attorney HALEY N. PROCTOR on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (PROCTOR, HALEY) (Entered: 01/23/2019) |
| 14 | Jan 23, 2019 | Request | NOTICE of Appearance by attorney MICHAEL W. KIRK on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (KIRK, MICHAEL) (Entered: 01/23/2019) |
| 15 | Jan 23, 2019 | Request | NOTICE of Appearance by attorney DAVID H. THOMPSON on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (THOMPSON, DAVID) (Entered: 01/23/2019) |
| 16 | Jan 23, 2019 | Request | NOTICE of Appearance by attorney PETER A. PATTERSON on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (PATTERSON, PETER) (Entered: 01/23/2019) |
| 17 | Jan 23, 2019 | View | NOTICE of Appearance by attorney NICOLE F. REAVES on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (REAVES, NICOLE) (Entered: 01/23/2019) |
| 18 | Jan 23, 2019 | Request | NOTICE of Appearance by attorney JOSEPH O. MASTERMAN on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (MASTERMAN, JOSEPH) (Entered: 01/23/2019) |
| 19 | Jan 25, 2019 | Request | NOTICE of Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendant ROY A. COOPER, III (BRENNAN, STEPHANIE) (Entered: 01/25/2019) |
| 20 | Jan 25, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ROY A. COOPER, III (BRENNAN, STEPHANIE) (Entered: 01/25/2019) |
| 21 | Jan 25, 2019 | Request | MOTION for Extension of Time to File Answer re 1 Complaint, by ROY A. COOPER, III. (Attachments: # 1 Text of Proposed Order)(BRENNAN, STEPHANIE) (Entered: 01/25/2019) |
| 22 | Jan 25, 2019 | Request | NOTICE of Appearance by attorney BRIAN D. RABINOVITZ on behalf of Defendant ROY A. COOPER, III (RABINOVITZ, BRIAN) (Entered: 01/25/2019) |
| Jan 25, 2019 | ORDER granting 21 Motion for Extension of Time to Answer filed by ROY A. COOPER, III. Answer due by 2/28/2019. Signed by Gloria L. Powell on 1/25/2019 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria) (Entered: 01/25/2019) | ||
| 23 | Jan 28, 2019 | Request | NOTICE of Appearance by attorney JAMES W. COOPER on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (COOPER, JAMES) (Entered: 01/28/2019) |
| 24 | Jan 30, 2019 | Request | Joint MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(COOPER, JAMES) (Entered: 01/30/2019) |
| 25 | Jan 31, 2019 | View | RESPONSE in Opposition re 24 Joint MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 2/14/2019 (MOSS, NICOLE) (Entered: 01/31/2019) |
| 26 | Feb 1, 2019 | View | REPLY, filed by Plaintiff NORTH CAROLINA STATE CONFERENCE OF THE NAACP, to Response to 24 Joint MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (COOPER, JAMES) (Entered: 02/01/2019) |
| Feb 1, 2019 | Motion Referred: RE: 24 Joint MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Intervene , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 02/01/2019) | ||
| Feb 4, 2019 | TEXT ORDER granting in part and denying in part 24 Joint Motion for Extension of Time. In 24 Joint Motion, Plaintiffs and Defendant Roy Asberry Cooper III seek extensions of their deadlines to respond to 7 Motion to Intervene filed by Philip E. Berger and Timothy K. Moore, until "21 days after the deadline for Defendant Cooper's Answer or other responsive pleadings." As grounds for this requested extension, 24 Joint Motion offers only the following conclusory statement: "Plaintiffs and Defendant Cooper submit that judicial economy will be served if responses to the Motion to Intervene are delayed until after Defendants have filed an Answer or other responsive pleading." In 25 Opposition, Proposed Intervenors Berger and Moore opposed 24 Joint Motion and (in addition to offering reasons why they fear delaying the completion of briefing and, therefore, the resolution of 7 Motion to Intervene could prejudice their interests by depriving them of the opportunity to participate in litigation regarding temporary or preliminary injunctive relief that may occur before resolution of 7 Motion to Intervene) pointed out that 24 Joint Motion "provided no explanation of why an extension of time to respond to the intervention motion is necessary." In 26 Reply, Plaintiffs and Defendant Cooper did not provide the missing explanation or otherwise develop their conclusory invocation of judicial economy, except to state that, "[u]ntil named Defendants have an opportunity to respond to the Complaint, the Court has no means to assess the arguments raised in the Motion to Intervene." Federal Rule of Civil Procedure 6(b)(1) restricts the discretion of the Court to extend unexpired deadlines to situations in which "good cause" exists. On their face, neither 24 Joint Motion nor 26 Reply set forth sufficient information for the Court to find good cause for any extension of time, much less the requested extension of more than six weeks. However, because (under Rule 6(b)(1)) the Court may find "good cause" for extensions of unexpired deadlines "with or without motion," the Court has chosen to look beyond 24 Joint Motion and 26 Reply and to examine 8 Memorandum in support of 7 Motion to Intervene in an attempt to understand how the absence of a responsive pleading by Defendant Cooper reasonably might raise "judicial economy" concerns that would warrant delaying the time for Plaintiffs and Defendant Cooper to respond to 7 Motion to Intervene. That review suggests that the content of Defendant Cooper's responsive pleading may bear on one element of 7 Motion to Intervene, i.e. the argument (developed on pages 11-21 of 8 Memorandum) that Defendant Cooper will not adequately protect the legitimate interests of Proposed Intervenors Berger and Moore. For example, if Defendant Cooper elects to file an Answer that materially differs from [7-1] Proposed Answer of Proposed Intervenors Berger and Moore, that fact reasonably could bear on the analysis of whether Defendant Cooper adequately will protect the legitimate interest of Proposed Intervenors Berger and Moore. Defendant Cooper, however, does not need to wait until he actually files his responsive pleading to know if it will materially differ from [7-1] Proposed Answer (or, for that matter, if he disagrees with other arguments raised in pages 11-21 of 8 Memorandum). Plaintiffs, on the other hand, may need more information about how Defendant Cooper intends to proceed in defending (or not) against 1 Complaint, in order to adequately address issues raised in pages 11-21 of 8 Memorandum. Again, however, it is not clear that Plaintiffs must await the filing of a responsive pleading from Defendant Cooper to adequately address such matters. To the contrary, it appears that briefly extending and staggering the deadlines for Defendant Cooper and Plaintiffs to respond to 7 Motion to Intervene reasonably could resolve that problem, while also limiting the potential prejudice to Proposed Intervenors that an extended delay in briefing on 7 Motion to Intervene might create. Accordingly, Defendant Cooper shall file any response to 7 Motion to Intervene by 02/12/2019, and Plaintiffs shall file any response to 7 Motion to Intervene by 02/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/04/2019. (AULD, L.) (Entered: 02/04/2019) | ||
| 27 | Feb 11, 2019 | Request | NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants STELLA ANDERSON, ROBERT CORDLE, KEN RAYMOND, JEFFERSON CARMON, DAVID C BLACK (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 28 | Feb 11, 2019 | Request | NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND (MAJMUNDAR, AMAR) (Entered: 02/11/2019) |
| 29 | Feb 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ROBERT CORDLE (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 30 | Feb 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant STELLA ANDERSON (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 31 | Feb 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant DAVID C BLACK (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 32 | Feb 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant KEN RAYMOND (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 33 | Feb 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant JEFFERSON CARMON (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/11/2019) |
| 34 | Feb 12, 2019 | View | RESPONSE filed by Defendant ROY A. COOPER, III re 7 MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by ROY A. COOPER, III. Replies due by 2/26/2019 (BRENNAN, STEPHANIE) (Entered: 02/12/2019) |
| 35 | Feb 13, 2019 | Request | MOTION for Extension of Time to File Answer re 1 Complaint, by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (Attachments: # 1 Text of Proposed Order)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/13/2019) |
| Feb 13, 2019 | Motion Referred: RE: 35 MOTION for Extension of Time to File Answer re 1 Complaint, , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 02/13/2019) | ||
| Feb 13, 2019 | TEXT ORDER granting 35 Consent Motion for Extension of Time. Defendants Robert B. Cordle, Stella E. Anderson, David C. Black, Ken Raymond, and Jefferson Carmon III shall answer or otherwise respond to 1 Complaint by 02/28/2019. In addition, Defendants Cordle, Anderson, Black, Raymond, and Carmon shall file any response to 7 Motion to Intervene by 02/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/13/2019. (AULD, L.) (Entered: 02/13/2019) | ||
| 36 | Feb 14, 2019 | View | RESPONSE filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND re 7 MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Replies due by 2/28/2019 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/14/2019) |
| 37 | Feb 14, 2019 | Request | AFFIDAVIT OF SERVICE as to STELLA ANDERSON served on 2/4/2019, answer due 2/28/2019; DAVID C BLACK served on 2/4/2019, answer due 2/28/2019; JEFFERSON CARMON served on 2/4/2019, answer due 2/28/2019; ROBERT CORDLE served on 2/4/2019, answer due 2/28/2019; KEN RAYMOND served on 2/4/2019, answer due 2/28/2019. (COOPER, JAMES) (Entered: 02/14/2019) |
| 38 | Feb 19, 2019 | View | RESPONSE in Opposition filed by Plaintiff NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 7 MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Replies due by 3/5/2019 (COOPER, JAMES) (Entered: 02/19/2019) |
| 39 | Feb 22, 2019 | Request | MOTION for Clarification Of Deadline To Reply To Responses To Motion To Intervene by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Responses due by 3/15/2019 (HUFF, NATHAN) (Entered: 02/22/2019) |
| Feb 25, 2019 | Motion Referred: RE: 39 MOTION for Clarification Of Deadline To Reply To Responses To Motion To Intervene, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 02/25/2019) | ||
| Feb 25, 2019 | TEXT ORDER granting 39 Motion for Clarification. Proposed Intervenors shall file a joint reply to 36 Response and 38 Response by 03/05/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/25/2019. (AULD, L.) (Entered: 02/25/2019) | ||
| 40 | Feb 25, 2019 | Request | NOTICE of Appearance by attorney JOHN C. ULIN on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (ULIN, JOHN) (Entered: 02/25/2019) |
| 41 | Feb 25, 2019 | Request | NOTICE of Appearance by attorney ANDREW T. TUTT on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (TUTT, ANDREW) (Entered: 02/25/2019) |
| 42 | Feb 28, 2019 | View | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM On Abstention Grounds and for Lack of Jurisdiction by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Response to Motion due by 3/21/2019 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/28/2019) |
| 43 | Feb 28, 2019 | View | MEMORANDUM filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM On Abstention Grounds and for Lack of Jurisdiction filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (Attachments: # 1 Exhibit State Ds' Ex A - Holmes Complaint, # 2 Exhibit State Ds' Ex B - State Ds' Answer and MTD, # 3 Exhibit State Ds' Ex C - Cert of Const. Amend 2018-128, # 4 Exhibit State Ds' Ex D - NAACP Second Amended Complaint, # 5 Exhibit State Ds' Ex E - NAACP Judge Collins Order, # 6 Exhibit State Ds' Ex F - NAACP Notice of Appeal, # 7 Exhibit State Ds' Ex G- Holmes - Ps' Brief re Facial Challenge)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 02/28/2019) |
| 44 | Feb 28, 2019 | View | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ROY A. COOPER, III. Response to Motion due by 3/21/2019 (BRENNAN, STEPHANIE) (Entered: 02/28/2019) |
| 45 | Feb 28, 2019 | View | MEMORANDUM filed by Defendant ROY A. COOPER, III re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ROY A. COOPER, III. (Attachments: # 1 Exhibit1 Holmes Complaint, # 2 Exhibit 2 Holmes Answer and Motion to Dismiss, # 3 Exhibit 3 Holmes Notice of Depo of Strach, # 4 Exhibit 4 NAACP v. Moore Order, # 5 Exhibit 5 NAACP v. Moore Notice of Appeal)(BRENNAN, STEPHANIE) (Entered: 02/28/2019) |
| 47 | Mar 5, 2019 | Request | NOTICE of Appearance by attorney RALF O. DUNN on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (DUNN, RALF) (Entered: 03/05/2019) |
| 48 | Mar 5, 2019 | View | REPLY, filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, to Response to 7 MOTION to Intervene filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: # 1 Exhibit A - Proposed Temporary Rule)(MOSS, NICOLE) (Entered: 03/05/2019) |
| Mar 6, 2019 | Motion Submitted: 7 MOTION to Intervene to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 03/06/2019) | ||
| 49 | Mar 13, 2019 | Request | NOTICE of Appearance by attorney PAUL M. COX on behalf of Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, ROBERT CORDLE, STACY EGGERS, IV, JAY HEMPHILL, VALERIE JOHNSON, JOHN LEWIS, JOSHUA MALCOM, KEN RAYMOND (COX, PAUL) (Entered: 03/13/2019) |
| 50 | Mar 21, 2019 | View | RESPONSE in Opposition re 43 Memorandum,,, filed by KEN RAYMOND, ROBERT CORDLE, DAVID C BLACK, JEFFERSON CARMON, STELLA ANDERSON, 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ROY A. COOPER, III, 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM On Abstention Grounds and for Lack of Jurisdiction filed by KEN RAYMOND, ROBERT CORDLE, DAVID C BLACK, JEFFERSON CARMON, STELLA ANDERSON, 45 Memorandum, filed by ROY A. COOPER, III filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Replies due by 4/4/2019 (Attachments: # 1 Exhibit Ex. A)(COOPER, JAMES) (Entered: 03/21/2019) |
| 51 | Mar 27, 2019 | Request | MOTION for Extension of Time to File Response/Reply as to 50 Response in Opposition to Motion,, by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROY A. COOPER, III, ROBERT CORDLE, KEN RAYMOND. (Attachments: # 1 Text of Proposed Order)(BRENNAN, STEPHANIE) (Entered: 03/27/2019) |
| Mar 27, 2019 | Motion Referred: RE: 51 MOTION for Extension of Time to File Response/Reply as to 50 Response in Opposition to Motion, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 03/27/2019) | ||
| Mar 28, 2019 | TEXT ORDER granting 51 Joint Motion for Extension of Time. Defendants shall file any reply to 50 Response by 04/11/2019. Issued by MAG/JUDGE L. PATRICK AULD on 03/28/2019. (AULD, L.) (Entered: 03/28/2019) | ||
| 52 | Apr 11, 2019 | Request | REPLY, filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND, to Response to 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM On Abstention Grounds and for Lack of Jurisdiction filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (Attachments: # 1 Exhibit H- Rozier Order to 3 Judge Panel, # 2 Exhibit I - 18 CVS 15292 Order of CJ Appointing Panel, # 3 Exhibit J - Notice of Depo. of Strach, # 4 Exhibit K - Consent Protective Order 3.28.19, # 5 Exhibit L- P19-149 COA Order on Stay, # 6 Exhibit M - SL2019-4, # 7 Exhibit N - H646v0, # 8 Exhibit O - Holmes Case Management email)(COX, PAUL) (Entered: 04/11/2019) |
| 53 | Apr 11, 2019 | Request | REPLY, filed by Defendant ROY A. COOPER, III, to Response to 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ROY A. COOPER, III. (BRENNAN, STEPHANIE) (Entered: 04/11/2019) |
| Apr 11, 2019 | Motions Submitted: 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 04/11/2019) | ||
| 54 | Apr 30, 2019 | Request | MOTION for Scheduling Conference by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (COOPER, JAMES) (Entered: 04/30/2019) |
| 55 | May 1, 2019 | View | RESPONSE filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 54 MOTION for Scheduling Conference filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 5/15/2019 (MOSS, NICOLE) (Entered: 05/01/2019) |
| May 2, 2019 | Motion Referred: RE: 54 MOTION for Scheduling Conference , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 05/02/2019) | ||
| May 2, 2019 | Motion Submitted: 54 MOTION for Scheduling Conference to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 05/02/2019) | ||
| 56 | Jun 3, 2019 | Request | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 6/3/2019. The Motion to Intervene by Hon. Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Hon. Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (ECF No. 7 ) is DENIED without prejudice to the motion being renewed if it can be demonstrated that State Defendants have in fact declined to defend the instant lawsuit, and that all requirements for intervention have been satisfied pursuant to Rule 24 of the Federal Rules of Civil Procedure. FURTHER that Proposed Intervenors are permitted to participate in this action by filing amicus curiae briefs. (Daniel, J) (Entered: 06/03/2019) |
| 57 | Jul 2, 2019 | Request | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 7/2/2019. State Board Defendants' Motion to Dismiss, or, in the Alternative, Motion to Stay (ECF No. 42 ) is DENIED. FURTHER that Governor Cooper's Motion to Dismiss or, in the Alternative, for a Stay (ECF No. 44 ) is GRANTED and the Governor is DIMISSED as a party to this action. FURTHER that Plaintiffs' Motion for Scheduling Conference and Order (ECF No. 54 ) is DENIED as moot. (Daniel, J) (Entered: 07/02/2019) |
| 58 | Jul 5, 2019 | Request | Consent MOTION to Withdraw as Attorney JOSEPH O. MASTERMAN by on behalf of Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (MASTERMAN, JOSEPH) (Entered: 07/05/2019) |
| Jul 5, 2019 | Motion Referred: RE: 58 Consent MOTION to Withdraw as Attorney JOSEPH O. MASTERMAN , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/05/2019) | ||
| Jul 6, 2019 | TEXT ORDER granting 58 Motion to Withdraw. Attorney JOSEPH O. MASTERMAN is terminated as counsel of record for Proposed Intervenors. Issued by MAG/JUDGE L. PATRICK AULD on 07/06/2019. (AULD, L.) (Entered: 07/06/2019) | ||
| 59 | Jul 16, 2019 | View | ANSWER to 1 Complaint, by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 07/16/2019) |
| 60 | Jul 19, 2019 | Request | Renewed MOTION to Intervene by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 8/9/2019 (Attachments: # 1 Supplement Proposed Answer, # 2 Text of Proposed Order Proposed Order)(MOSS, NICOLE) (Entered: 07/19/2019) |
| 61 | Jul 19, 2019 | View | MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 60 Second MOTION to Intervene Memorandum in Support of filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: # 1 Exhibit A- 2019 NC Sess Law 4, # 2 Exhibit B-2019 NC Sess Law 22, # 3 Exhibit C- State Defs.' Br. in Supp. of MTD, # 4 Exhibit D- State Defs.' Reply in Supp. of MTD, # 5 Exhibit E- Leg. Defs.' Br. in Supp. of MTD, # 6 Exhibit F- Leg. Defs.' Reply in Supp. of MTD, # 7 Exhibit G- Pls.' Br. in Opp. to MTD, # 8 Exhibit H- Reaves Declaration, # 9 Exhibit I- Vysotskaya Email, # 10 Exhibit J- 2019-5-24 Holmes Order, # 11 Exhibit K- Callanan Deposition Transcript, # 12 Exhibit L- Devore Deposition Transcript, # 13 Exhibit M- Gutierrez Deposition Transcript Vol. II, # 14 Exhibit N- State Defs.' Resp. to PI Motion, # 15 Exhibit O- State Defs.' Supp. Brief, # 16 Exhibit P- Bell Affidavit, # 17 Exhibit Q- Pls.' Reply in Supp. of Mot. for a PI, # 18 Exhibit R- Gov. Cooper Amicus in Moore, # 19 Exhibit S- PETA v. Stein)(MOSS, NICOLE) (Entered: 07/19/2019) |
| 62 | Jul 26, 2019 | Request | MOTION to Withdraw as Attorney LEAH J. KANG by on behalf of CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (KANG, LEAH) (Entered: 07/26/2019) |
| Jul 26, 2019 | Motion Referred: RE: 62 MOTION to Withdraw as Attorney LEAH J. KANG , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/26/2019) | ||
| 63 | Jul 29, 2019 | Request | Joint MOTION for Protective Order by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Response to Motion due by 8/12/2019 (Attachments: # 1 Exhibit 1 - Consent Protective Order)(COX, PAUL) (Entered: 07/29/2019) |
| Jul 29, 2019 | Motion Referred: RE: 63 Joint MOTION for Protective Order , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 07/29/2019) | ||
| Jul 29, 2019 | TEXT ORDER granting 62 Motion to Withdraw. Attorney LEAH J. KANG is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 07/29/2019. (AULD, L.) (Entered: 07/29/2019) | ||
| Jul 29, 2019 | *** Attorney LEAH J. KANG terminated. (Blay, Debbie) (Entered: 10/09/2019) | ||
| 64 | Jul 30, 2019 | Request | CONSENT PROTECTIVE ORDER signed by MAG/JUDGE L. PATRICK AULD on 7/30/2019. (Daniel, J) (Entered: 07/30/2019) |
| Jul 30, 2019 | TEXT ORDER clarifying 64 Consent Protective Order as follows: notwithstanding the language of Paragraph 15, the mere fact that a party has designated material for special treatment under 64 Consent Protective Order does not create a basis to seek leave to file such material under seal; rather, the party claiming confidentiality must have an independent good-faith basis to believe that such material qualifies for sealing under the applicable legal standard. Issued by MAG/JUDGE L. PATRICK AULD on 07/30/2019. (AULD, L.) (Entered: 07/30/2019) | ||
| 65 | Aug 9, 2019 | View | RESPONSE filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, KEN RAYMOND re 60 Second MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, KEN RAYMOND. Replies due by 8/23/2019 (Attachments: # 1 Exhibit A - Holmes State Def Brief, # 2 Exhibit B - Holmes Joint Status Report, # 3 Exhibit C - Holmes 3 Judge Panel Order)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/09/2019) |
| 66 | Aug 9, 2019 | Request | RESPONSE in Opposition re 60 Second MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Replies due by 8/23/2019 (COOPER, JAMES) (Entered: 08/09/2019) |
| 67 | Aug 12, 2019 | Request | Corrected document re 65 Response to Motion,,. (Attachments: # 1 Exhibit A - Holmes State Def Brief, # 2 Exhibit B - Holmes Joint Status Report, # 3 Exhibit C - Holmes 3 Judge Panel Order)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/12/2019) |
| 68 | Aug 13, 2019 | Request | NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/30/2019 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 08/13/2019) |
| 69 | Aug 19, 2019 | Request | REPLY, filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, to Response to 60 Second MOTION to Intervene filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: # 1 Exhibit Exhibit A: Transcript of Hearing in Holmes v. Moore, # 2 Exhibit Exhibit B: Haley Proctor Affidavit)(MOSS, NICOLE) (Entered: 08/19/2019) |
| Aug 19, 2019 | Motion Submitted: 60 Second MOTION to Intervene to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 08/19/2019) | ||
| 70 | Sep 17, 2019 | Request | Consent MOTION for Leave to File Excess Pages by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (Attachments: # 1 Text of Proposed Order)(ULIN, JOHN) (Entered: 09/17/2019) |
| Sep 17, 2019 | Motion Submitted: 70 Consent MOTION for Leave to File Excess Pages to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/17/2019) | ||
| 71 | Sep 17, 2019 | Request | MOTION for Ruling on Renewed Motion to Intervene by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 10/8/2019 (Attachments: # 1 Exhibit Supreme Court of North Carolina Docket Sheet Holmes, et al. v. Moore et al.)(MOSS, NICOLE) (Entered: 09/17/2019) |
| 72 | Sep 17, 2019 | Request | MOTION for Preliminary Injunction by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Response to Motion due by 10/8/2019 (ULIN, JOHN) (Entered: 09/17/2019) |
| 73 | Sep 17, 2019 | View | MEMORANDUM re 72 MOTION for Preliminary Injunction by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(ULIN, JOHN) (Entered: 09/17/2019) |
| Sep 18, 2019 | Motion Submitted: 71 MOTION for Ruling on Renewed Motion to Intervene to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/18/2019) | ||
| 74 | Sep 23, 2019 | View | NOTICE OF APPEAL by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Filing fee $ 505, receipt number 0418-2660029. (MOSS, NICOLE) (Entered: 09/23/2019) |
| 75 | Sep 23, 2019 | Request | MOTION to Stay Pending Appeal, or, in the Alternative, to Participate as Defendants Pending Appeal by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 10/15/2019 (MOSS, NICOLE) (Entered: 09/23/2019) |
| 76 | Sep 23, 2019 | View | MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 75 MOTION to Stay Pending Appeal, or, in the Alternative, to Participate as Defendants Pending Appeal Memorandum in Support of filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: # 1 Exhibit Exhibit A: Moss Decl., # 2 Exhibit Exhibit B: Thornton Report in Holmes v. Moore, # 3 Exhibit Exhibit C: Hood Report in Holmes v. Moore, # 4 Exhibit Exhibit D: Callanan Report in Holmes v. Moore)(MOSS, NICOLE) (Entered: 09/23/2019) |
| 77 | Sep 23, 2019 | Request | Rule 26(f) Report (Joint) filed by all parties by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (COOPER, JAMES) (Entered: 09/23/2019) |
| Sep 24, 2019 | Motions Referred: RE: 77 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) (Entered: 09/24/2019) | ||
| Sep 24, 2019 | Motions No Longer Submitted 70 Consent MOTION for Leave to File Excess Pages . (Needs to be re-filed requesting additional words, not number of pages), 71 MOTION for Ruling on Renewed Motion to Intervene. (Waiting on response time). (Blay, Debbie) (Entered: 09/24/2019) | ||
| 78 | Sep 24, 2019 | Request | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 74 Notice of Appeal. (Daniel, J) (Entered: 09/24/2019) |
| 79 | Sep 25, 2019 | Request | JOINT MOTION TO EXPAND WORD LIMITS FOR PLAINTIFFS' MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (Attachments: # 1 Text of Proposed Order)(COOPER, JAMES) (Entered: 09/25/2019) |
| Sep 26, 2019 | Motion Submitted: 79 JOINT MOTION TO EXPAND WORD LIMITS FOR PLAINTIFFS' MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/26/2019) | ||
| 80 | Sep 26, 2019 | Request | NOTICE of Docketing Appeal from USCA re: 74 Notice of Appeal. USCA Case Mgr: Cyndi Halupa; USCA Case Number 19-2048. (Daniel, J) (Entered: 09/26/2019) |
| 81 | Sep 26, 2019 | Request | NOTICE by PHILIP E. BERGER, TIMOTHY K. MOORE in their official capacity as President Pro Tempore of the North Carolina Senate and Speaker of the North Carolina House of Representatives (Attachments: # 1 Petition for Writ of Mandamus in the Fourth Circuit, # 2 Addendum to Petition for Writ of Mandamus Petition in the Fourth Circuit)(MOSS, NICOLE) (Entered: 09/26/2019) |
| 82 | Sep 26, 2019 | Request | RESPONSE in Opposition re 75 MOTION to Stay Pending Appeal, or, in the Alternative, to Participate as Defendants Pending Appeal filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Replies due by 10/10/2019 (ULIN, JOHN) (Entered: 09/26/2019) |
| 83 | Sep 27, 2019 | Request | Consent MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Preliminary Injunction by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (Attachments: # 1 Text of Proposed Order)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 09/27/2019) |
| Sep 27, 2019 | Motion Referred: RE: 83 Consent MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Preliminary Injunction , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/27/2019) | ||
| Sep 27, 2019 | TEXT ORDER granting 83 Consent Motion for Extension. Defendants shall file any response to 72 Motion for Preliminary Injunction by 10/18/2019. Issued by MAG/JUDGE L. PATRICK AULD on 09/27/2019. (AULD, L.) (Entered: 09/27/2019) | ||
| 84 | Sep 27, 2019 | Request | REPLY, filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, to Response to 75 MOTION to Stay Pending Appeal, or, in the Alternative, to Participate as Defendants Pending Appeal filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (MOSS, NICOLE) (Entered: 09/27/2019) |
| 85 | Sep 30, 2019 | Request | NOTICE from USCA of Docketing 81 Notice - Motion for writ of mandamus filed by TIMOTHY K. MOORE, PHILIP E. BERGER. USCA Case Mgr: Cyndi Halupa; USCA Case Number 19-2056. (Daniel, J) (Entered: 09/30/2019) |
| 86 | Sep 30, 2019 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 9/30/2019. The motion (ECF No. 79 ) is GRANTED, and Plaintiffs may file a memorandum in support of their motion for preliminary injunction of up to 9,600 words in length. Defendants may file a response in opposition to Plaintiffs' motion for preliminary injunction of up to 9,600 words in length, and Plaintiffs may file a reply memorandum in support of their motion for preliminary injunction of up to 4,800 words in length. (Daniel, J) (Entered: 09/30/2019) |
| 87 | Sep 30, 2019 | Request | SUPPLEMENT JOINT ADDENDUM TO JOINT REPORT PURSUANT TO FRCP 26(f) by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (COOPER, JAMES) (Entered: 09/30/2019) |
| Oct 1, 2019 | TEXT ORDER adopting 77 Joint Report pursuant to FRCP 26(f), as supplemented by 87 Addendum, with the following clarification: the Clerk shall set the trial date based on the standard considerations, noting that the deadline for expert discovery elected by the parties in 87 Addendum renders the proposed trial dates in 77 Joint Report infeasible. Issued by MAG/JUDGE L. PATRICK AULD on 10/01/2019. (AULD, L.) (Entered: 10/01/2019) | ||
| Oct 1, 2019 | Motion Submitted: 75 MOTION to Stay Pending Appeal, or, in the Alternative, to Participate as Defendants Pending Appeal to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 10/01/2019) | ||
| Oct 1, 2019 | TEXT ORDER Re: 86 Order on Joint Motion to Expand Word Limits for Plaintiffs Memorandum in Support of Motion for Preliminary Injunction and Defendants Opposition to Plaintiffs Motion for Preliminary Injunction. IT IS HEREBY ORDERED that the Plaintiff shall file an Amended Memorandum no later than Friday, October 11, 2019. Responses, if any, will be due 21 days from the filing of the Amended Memorandum. IT IS FURTHER ORDERED that replies, if any, will be due 14 days from the filing of any responses. Issued by JUDGE LORETTA C. BIGGS on 10/1/2019. (Blay, Debbie) (Entered: 10/01/2019) | ||
| Oct 2, 2019 | Set Scheduling Order Deadlines. The parties agree the appropriate plan for this case designated in LR 26.1(a) is Complex. Expert Discovery due by 6/1/2020. Pursuant to LR 16.4(c), the parties intend to jointly request exemption from a mediated settlement conference. Plaintiffs and Defendants amended pleadings and joinder of parties due by 1/15/2020. The parties have not consented to the reference of this case to a Magistrate Judge. ETT: approximately 5 days. A jury trial has not been demanded. (Daniel, J) (Entered: 10/02/2019) | ||
| 88 | Oct 8, 2019 | Request | USCA ORDER granting the Motion to dismiss interlocutory appeal re: 74 Notice of Appeal. USCA Case #19-2048. (Daniel, J) (Entered: 10/09/2019) |
| 89 | Oct 8, 2019 | Request | USCA JUDGMENT. In accordance with the decision of this court, this appeal is dismissed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41 re: 74 Notice of Appeal. USCA Case #19-2048. (Daniel, J) (Entered: 10/09/2019) |
| 90 | Oct 8, 2019 | Request | USCA ORDER denying the petition for writ of mandamus re: 81 Notice - Petition for Writ of Mandamus in the Fourth Circuit. USCA Case #19-2056. (Daniel, J) (Entered: 10/09/2019) |
| Oct 9, 2019 | Motion Submitted: 71 MOTION for Ruling on Renewed Motion to Intervene to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 10/09/2019) | ||
| 91 | Oct 9, 2019 | View | AMENDED MEMORANDUM re 72 MOTION for Preliminary Injunction by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(ULIN, JOHN) Modified docket text on 10/10/2019 to reflect "Amended". (Entered: 10/09/2019) |
| 92 | Oct 9, 2019 | Request | USCA JUDGMENT. In accordance with the decision of this court, the petition for writ of mandamus and motion for stay of district court proceedings pending mandamus, are denied re: 81 Notice - Petition for Writ of Mandamus in the Fourth Circuit. USCA Case #19-2056. (Daniel, J) (Entered: 10/09/2019) |
| 93 | Oct 11, 2019 | Request | MANDATE of USCA. The judgment of this court, entered 10/08/2019, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure re: 74 Notice of Appeal. USCA Case #19-2048. (Daniel, J) (Entered: 10/11/2019) |
| 94 | Oct 18, 2019 | Request | MOTION for Leave to Expand Length Limits by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Responses due by 11/8/2019 (Attachments: # 1 Text of Proposed Order Proposed Order)(MOSS, NICOLE) (Entered: 10/18/2019) |
| Oct 21, 2019 | Motion Submitted: 94 MOTION for Leave to Expand Length Limits to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 10/21/2019) | ||
| 95 | Oct 21, 2019 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that the Motion (ECF No. 94 ) is GRANTED and that Proposed Intervenors may file a brief in opposition to Plaintiffs' motion for a preliminary injunction that is up to 9,600 words in length. (Sheets, Jamie) (Entered: 10/21/2019) |
| 96 | Oct 30, 2019 | Request | Stricken RESPONSE in Opposition re 72 MOTION for Preliminary Injunction filed by HIGH POINT NAACP, CHAPEL HILL - CARRBORO NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, MOORE COUNTY NAACP, STOKES COUNTY BRANCH OF THE NAACP, GREENSBORO NAACP Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 11/13/2019. (Attachments: # 1 Exhibit Ex. A Reaves Declaration, # 2 Exhibit Ex. B Ex. 7 to Burden Deposition, # 3 Exhibit Ex. C dSouza Affidavit, # 4 Exhibit Ex. D Lichtman Deposition Excerpt, # 5 Exhibit Ex. E Ex. 6 to Lichtman Deposition, # 6 Exhibit Ex. F Ex. 7 to Lichtman Deposition, # 7 Exhibit Ex. G Block Report, # 8 Exhibit Ex. H Callanan Report, # 9 Exhibit Ex. I Hood Report, # 10 Exhibit Ex. J Thornton Report, # 11 Exhibit Ex. K Gimpel Report, # 12 Exhibit Ex. L Ford Declaration)(MOSS, NICOLE) Modified on 11/27/2019 to reflect stricken per 116 Order. (Daniel, J). (Entered: 10/30/2019) |
| 97 | Oct 30, 2019 | Request | RESPONSE in Opposition re 72 MOTION for Preliminary Injunction filed by HIGH POINT NAACP, CHAPEL HILL - CARRBORO NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, MOORE COUNTY NAACP, STOKES COUNTY BRANCH OF THE NAACP, GREENSBORO NAACP filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Replies due by 11/13/2019 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Senate Bill 824 (SB824), # 3 Exhibit 2 - 2014 N.C. Sess. Law 4, # 4 Exhibit 3 - 2019 N.C. Sess. Law 22, # 5 Exhibit 4 - 2018 N.C. Sess. Law 128 (HB1092), # 6 Exhibit 5 - Joel Ford Complete Deposition Transcript in the matter Holmes v. Moore, et al., 18 CVS 15292, # 7 Exhibit 6 - Certification of NC Constitutional Amendments 11/8/2018, # 8 Exhibit 7 - SBOE webpage showing photo ID constitutional amendment pass, # 9 Exhibit 8 - Karen Brinson Bell Affidavit and supporting affidavit, # 10 Exhibit 9 - 2013 N.C. Sess. Law 381 & 2015 N.C. Sess. Law 103, # 11 Exhibit 10 - Kimberly Strach Deposition Transcript Excerpts in the matter Holmes v. Moore, et al., 18 CVS 15292, # 12 Exhibit 11 - SB824 Intro Bill, # 13 Exhibit 12 - Alan Lichtman Deposition Transcript Excerpts, # 14 Exhibit 13 - Carter-Baker Report, # 15 Exhibit 14 - Barry Burden Ph.D. Deposition Exhibit 3 Underhill, # 16 Exhibit 15 - NC General Assembly Consolidated Hearing Transcripts, # 17 Exhibit 16 - Congressional District 9 Order 3/13/2019, # 18 Exhibit 17 - Kory Goldsmith Affidavit and supporting exhibits, # 19 Exhibit 18 - Joel Ford Affidavit in the matter Holmes v. Moore, et al., 18 CVS 15292, # 20 Exhibit 19 - NC Senate Roll Call Vote Transcript #811, # 21 Exhibit 20 - NC House Roll Call Vote Transcript #1324, # 22 Exhibit 21 - NC Senate Roll Call Motion to Concur Vote Transcript for Roll Call #819, # 23 Exhibit 22 - NC House Roll Call Veto Override Vote Transcript for Roll Call #1354, # 24 Exhibit 23 - NC Senate Roll Call Veto Override Vote Transcript for Roll Call #824, # 25 Exhibit 24 - Legislative Reporting Service SB824 History, # 26 Exhibit 25 - NC DHHS Letter and Supporting Data, # 27 Exhibit 26 - Allan Lichtman Deposition Exhibits, # 28 Exhibit 27 - Courtney Patterson Deposition Transcript Excerpts in the matter in the matter Holmes v. Moore, et al., 18 CVS 15292, # 29 Exhibit 28 - Brian Neesby Affidavit and Supporting Exhibits, # 30 Exhibit 29 - Barry Burden Ph.D. Depo Transcript Excerpts and exhibits, # 31 Exhibit 30 - NC OSHR Letter and Supporting Data, # 32 Exhibit 31 - Kathryn Ann Fellman Deposition Transcript Excerpts in the matter Holmes v. Moore, et al.,18 CVS 15292, # 33 Exhibit 32 - Kevin Quinn Ph.D. Deposition Transcript Excerpts in the matter Holmes v. Moore, et al., 18 CVS 15292, # 34 Exhibit 33 - Olga E. Vysotskaya de Brito Declaration)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/30/2019) |
| 98 | Oct 31, 2019 | Request | AMENDED DOCUMENT by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Amendment to 97 -1 Exhibit Index (Attachments: # 1 Exhibit 97 -2 2019 N.C. Sess. Law 4)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/31/2019) |
| 99 | Nov 4, 2019 | Request | MOTION to Strike 96 Response in Opposition to Motion,,,, by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Response to Motion due by 11/25/2019 (COOPER, JAMES) (Entered: 11/04/2019) |
| 100 | Nov 7, 2019 | Request | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 11/7/2019. For the reasons outlined herein, the motion captioned "Renewed Motion to Intervene" by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (ECF No. 60 ) is DENIED WITH PREJUDICE. FURTHER that as outlined in its June 3rd order, Proposed Intervenors are permitted to participate in this action by filing amicus curiae briefs. (Daniel, J) (Entered: 11/07/2019) |
| 101 | Nov 7, 2019 | Request | JOINT MOTIONFor Hearing on Motion for Preliminary Injunction by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order Proposed Order)(COOPER, JAMES) (Entered: 11/07/2019) |
| 102 | Nov 7, 2019 | Request | MOTION for Extension of Time to File Response/Reply by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(COOPER, JAMES) (Entered: 11/07/2019) |
| 103 | Nov 11, 2019 | Request | NOTICE OF APPEAL as to 100 Memorandum Opinion and Order,, by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Filing fee $ 505, receipt number 0418-2693418. (MOSS, NICOLE) (Entered: 11/11/2019) |
| Nov 12, 2019 | Motion Submitted: RE: 102 MOTION for Extension of Time to File Response/Reply , to JUDGE LORETTA C. BIGGS. (Blay, Debbie). (Entered: 11/12/2019) | ||
| 104 | Nov 12, 2019 | Request | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 103 Notice of Appeal. (Daniel, J) (Entered: 11/12/2019) |
| 105 | Nov 12, 2019 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 11/12/2019. The Consent MOTION for Extension of Time (ECF No. 102 ) is GRANTED and the Plaintiffs time to file and serve their Reply to State Board Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction, as well as any response to the amicus brief filed in this case, be extended, up to and including Friday, November 15, 2019. (Daniel, J) (Entered: 11/12/2019) |
| 106 | Nov 14, 2019 | Request | NOTICE of Docketing Appeal from USCA re: 103 Notice of Appeal. USCA Case Mgr: Michael Radday; USCA Case Number 19-2273. (Daniel, J) (Entered: 11/14/2019) |
| Nov 14, 2019 | TEXT ORDER granting in part 101 Joint Motion for Hearing on Motion for Preliminary Injunction. The hearing shall occur on Tuesday, December 3, 2019 at 9:30 a.m. in Winston-Salem, Courtroom No. 1. To the extent that the parties have issues related to the mechanics of the hearing that need to be resolved prior to the hearing date, the parties shall submit a joint filing setting forth such issues on or before Wednesday, November 20, 2019. Issued by JUDGE LORETTA C. BIGGS on 11/14/2019.(Blay, Debbie) (Entered: 11/14/2019) | ||
| 107 | Nov 14, 2019 | Request | NOTICE of Hearing: Preliminary Injunction Hearing set for 12/3/2019 at 09:30 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/14/2019) |
| 108 | Nov 15, 2019 | Request | REPLY, filed by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, to Response to 72 MOTION for Preliminary Injunction filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(ULIN, JOHN) (Entered: 11/15/2019) |
| 109 | Nov 19, 2019 | View | RESPONSE in Opposition to Plaintiffs' Motion to Strike filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 99 MOTION to Strike 96 Response in Opposition to Motion,,,, filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 12/3/2019 (MOSS, NICOLE) (Entered: 11/19/2019) |
| Nov 19, 2019 | TEXT ORDER, RE: 99 Plaintiffs' Motion to Strike Amicus Brief of Philip E. Berger and Timothy K. Moore. IT IS HEREBY ORDERED that Plaintiffs' shall file a reply, if any, to 109 Amici's Response in Opposition to Plaintiffs' Motion to Strike no later than Monday, November 25, 2019. Issued by JUDGE LORETTA C. BIGGS on 11/19/2019. (Blay, Debbie) (Entered: 11/19/2019) | ||
| 110 | Nov 20, 2019 | Request | MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 12/11/2019 (Attachments: # 1 Text of Proposed Order Proposed Order)(MOSS, NICOLE) (Entered: 11/20/2019) |
| 111 | Nov 20, 2019 | View | MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 110 MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (MOSS, NICOLE) (Entered: 11/20/2019) |
| 112 | Nov 20, 2019 | Request | JOINT STATUS REPORT filed by all parties.. (COOPER, JAMES) (Entered: 11/20/2019) |
| Nov 21, 2019 | TEXT ORDER, re: 110 MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate. IT IS HEREBY ORDERED that the parties shall file an expedited response, if any, no later than Tuesday, November 27, 2019. (Blay, Debbie) (Entered: 11/21/2019) | ||
| 113 | Nov 21, 2019 | View | RESPONSE filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, KEN RAYMOND re 110 MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, KEN RAYMOND. Replies due by 12/5/2019 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 11/21/2019) |
| 114 | Nov 22, 2019 | View | RESPONSE in Opposition re 110 MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Replies due by 12/6/2019 (ULIN, JOHN) (Entered: 11/22/2019) |
| Nov 25, 2019 | TEXT ORDER re 71 MOTION for Ruling on Renewed Motion to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate. Motion is hereby DENIED as MOOT. Issued by JUDGE LORETTA C. BIGGS on 11/25/2019. (Blay, Debbie) (Entered: 11/25/2019) | ||
| 115 | Nov 25, 2019 | View | REPLY, filed by Plaintiff NORTH CAROLINA STATE CONFERENCE OF THE NAACP, to Response to 99 MOTION to Strike 96 Response in Opposition to Motion, filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (COOPER, JAMES) (Entered: 11/25/2019) |
| Nov 26, 2019 | Motions Submitted: 99 MOTION to Strike 96 Response in Opposition to Motion , 110 MOTION for Oral Argument 107 Notice of Hearing on Plaintiffs' Motion for Preliminary Injunction to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 11/26/2019) | ||
| Nov 26, 2019 | TEXT ORDER clarifying the parameters of the hearing scheduled for Tuesday, December 3, 2019 at 9:30 AM in Winston-Salem, Courtroom No. 1, as follows: (1) Amici Philip E. Berger and Timothy K. Moore's Motion for Leave to Participate in Oral Argument (ECF No. 110) is DENIED; (2) Further, after considering the parties' Joint Status Report (ECF No. 112), the Court will hear Oral Argument only on December 3. If the Court later determines that Oral Testimony would aid the Court in the resolution of Plaintiffs' Motion for Preliminary Injunction (ECF No. 72), the Court will set a follow-up hearing date for such testimony. (Issued by JUDGE LORETTA C. BIGGS on 11/26/2019) (Powell, Gloria) (Entered: 11/26/2019) | ||
| 116 | Nov 27, 2019 | View | ORDER signed by JUDGE LORETTA C. BIGGS on 11/27/2019. Plaintiffs' motion to strike Amici's brief in opposition to a preliminary injunction (ECF No. 99 ) is GRANTED. Amici's brief and all accompanying exhibits (ECF No. 96 ) are STRICKEN. FURTHER that Amici are permitted to submit a new amicus curiae brief within 10 days of the entry of this order which does not introduce or rely upon evidence not already introduced into the record by the named parties. (Daniel, J) (Entered: 11/27/2019) |
| 117 | Dec 2, 2019 | View | RESPONSE in Opposition re 72 MOTION for Preliminary Injunction filed by HIGH POINT NAACP, CHAPEL HILL - CARRBORO NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, MOORE COUNTY NAACP, STOKES COUNTY BRANCH OF THE NAACP, GREENSBORO NAACP Amended Amicus Brief filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 12/16/2019 (MOSS, NICOLE) (Entered: 12/02/2019) |
| Dec 3, 2019 | Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Motion Hearing held on 12/3/2019 re 72 MOTION for Preliminary Injunction filed by HIGH POINT NAACP, CHAPEL HILL - CARRBORO NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, MOORE COUNTY NAACP, STOKES COUNTY BRANCH OF THE NAACP, GREENSBORO NAACP. Attorneys John C. Ulin, Caitlin Swain-McSurely, Irving L. Joyner, James W. Cooper, Preston Smith, Jeremy Karpatkin, Kathleen Roblez, and Penda Hair present on behalf of the Plaintiffs. Attorneys Paul M. Cox and Olga E. Vysotskaya present on behalf of the Defendants. Oral arguments heard from both sides. Matter taken under advisement.(Court Reporter Lori Russell.) (Blay, Debbie) (Entered: 12/03/2019) | ||
| 118 | Dec 9, 2019 | Request | NOTICE of Appearance by attorney JEREMY C. KARPATKIN on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (KARPATKIN, JEREMY) (Entered: 12/09/2019) |
| 119 | Dec 9, 2019 | Request | Transcript of Proceedings held on 12/03/2019, re: Oral Argument on Preliminary Injunction Motion, before Judge Loretta C. Biggs. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/12/2020. (Russell, Lori) (Entered: 12/09/2019) |
| Dec 26, 2019 | NOTICE OF ACTION BY THE COURT: Based on the State Board's representation at the Preliminary Injunction hearing held December 3, 2019 that the Board plans a very large statewide mailing on December 31, 2019 to educate the voters on the Photo ID provisions of S.B 824, the Court hereby informs the parties that the Court will file an Order granting Plaintiffs' request for injunction related to the Voter Photo ID and Ballot Challenge provisions of the Act the week of December 30, 2019. (Marsh, Keah) (Entered: 12/26/2019) | ||
| 120 | Dec 31, 2019 | View | MEMORANDUM OPINION, ORDER AND PRELIMINARY INJUNCTION signed by JUDGE LORETTA C. BIGGS on 12/31/2019. Plaintiffs' Motion for Preliminary Injunction (ECF No. 72 ) is GRANTED IN PART AND DENIED IN PART to the extent set forth herein. (Daniel, J) (Entered: 12/31/2019) |
| 121 | Jan 10, 2020 | View | MOTION to Stay Pending Appeal by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 1/31/2020 (MOSS, NICOLE) (Entered: 01/10/2020) |
| 122 | Jan 10, 2020 | View | MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re 121 MOTION to Stay Pending Appeal filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (MOSS, NICOLE) (Entered: 01/10/2020) |
| 123 | Jan 24, 2020 | View | NOTICE OF APPEAL Without Fee Payment as to 120 Memorandum Opinion and Order,, Preliminary Injunction, by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, KEN RAYMOND. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 01/24/2020) |
| 124 | Jan 27, 2020 | Request | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 123 Notice of Appeal Without Fee Payment. (Daniel, J) (Entered: 01/27/2020) |
| Jan 28, 2020 | USCA Appeal Fees received $505.00, Receipt Number NCM049008 re: 123 Notice of Appeal Without Fee Payment. (Daniel, J) (Entered: 01/28/2020) | ||
| 125 | Jan 28, 2020 | Request | Transmission of Update Item to US Court of Appeals re: Receipt of USCA Appeal Fees. (Daniel, J) (Entered: 01/28/2020) |
| 126 | Jan 28, 2020 | Request | NOTICE of Docketing Appeal from USCA re: 123 Notice of Appeal. USCA Case Mgr: Michael Radday; USCA Case Number 20-1092. (Daniel, J) (Entered: 01/29/2020) |
| 127 | Jan 31, 2020 | Request | RESPONSE in Opposition re 121 MOTION to Stay Pending Appeal filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, KEN RAYMOND. Replies due by 2/14/2020 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 01/31/2020) |
| 128 | Jan 31, 2020 | Request | RESPONSE in Opposition re 121 MOTION to Stay Pending Appeal filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. Replies due by 2/14/2020 (COOPER, JAMES) (Entered: 01/31/2020) |
| 129 | Feb 3, 2020 | Request | Corrected document re 128 Response in Opposition to Motion,. (COOPER, JAMES) (Entered: 02/03/2020) |
| Feb 18, 2020 | Motion Submitted: 121 MOTION to Stay Pending Appeal to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 02/18/2020) | ||
| 130 | Feb 20, 2020 | Request | NOTICE of Hearing: Master Trial Calendar: JANUARY Bench Trial set for 1/4/2021 at 09:30 AM in Unassigned Courtroom. Trial briefs, etc. deadline set for 12/14/2020.(Blay, Debbie). (Entered: 02/20/2020) |
| 131 | Mar 26, 2020 | Request | NOTICE of Appearance by attorney KAYLAN PHILLIPS on behalf of Intervenor Defendant Voter Integrity Project (PHILLIPS, KAYLAN) (Entered: 03/26/2020) |
| 132 | Mar 26, 2020 | Request | NOTICE of Appearance by attorney TIMOTHY R. HAGA on behalf of Intervenor Defendant Voter Integrity Project (HAGA, TIMOTHY) (Entered: 03/26/2020) |
| 133 | Mar 26, 2020 | Request | MOTION to Intervene by Voter Integrity Project. Response to Motion due by 4/16/2020 (Attachments: # 1 Exhibit Proposed Answer, # 2 Text of Proposed Order)(PHILLIPS, KAYLAN) (Entered: 03/26/2020) |
| 134 | Mar 26, 2020 | Request | MEMORANDUM filed by Intervenor Defendant Voter Integrity Project re 133 MOTION to Intervene filed by Voter Integrity Project. (Attachments: # 1 Affidavit Declaration of Jay DeLancy)(PHILLIPS, KAYLAN) (Entered: 03/26/2020) |
| 135 | Apr 14, 2020 | View | JOINT STATUS REPORT Pursuant to FRCP26(f) filed by all parties.. (COOPER, JAMES) (Entered: 04/14/2020) |
| 136 | Apr 14, 2020 | Request | Consent MOTION for Extension of Time to File Response/Reply as to 133 MOTION to Intervene by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (COOPER, JAMES) (Entered: 04/14/2020) |
| Apr 15, 2020 | Motion/Case Referred: RE: 135 Joint Status Report; 136 Consent MOTION for Extension of Time to File Response/Reply as to 133 MOTION to Intervene , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 04/15/2020) | ||
| Apr 15, 2020 | TEXT ORDER granting in part 136 Unopposed Motion for Extension of Time, in that Plaintiffs shall file any response to 133 Motion by 05/07/2020. In 136 Motion, Plaintiffs move for a 60-day extension of the default 21-day period to respond to 133 Motion to Intervene, because (in response to COVID-19) "Arnold & Porter closed its offices world-wide, which has required [Plaintiffs'] counsel [employed by Arnold & Porter] to telework full time. This unexpected change has made it difficult for [said] counsel to meet the currently scheduled deadline in this action." In terms of specifics, 136 Motion cites difficulties Arnold & Porter counsel experience "consult[ing] with co-counsel and with [officials of Plaintiffs,] most, if not all, of whom are also teleworking, some with unexpected child care duties... [which] make it difficult for all of the relevant stakeholders to have time to review and assist with briefing in this action," particularly in light of "pressing deadlines in other matters." Although the Court recognizes that the present public health situation and the reasonable decision of counsel and the institutional parties to shift to tele-work creates logistical difficulties in meeting litigation deadlines, the Court cannot find good cause for the requested extension of three times the default response time. In that regard, the Court notes that the fact that Plaintiffs have chosen to employ eight or more different attorneys from enterprises and offices spread across the country, all of whom want to co-write each required brief, while also dealing with "pressing deadlines in other matters," cannot justify special dispensation. Moreover, Arnold & Porter bills itself as one of the most capable law firms in the world and thus surely can adapt to the challenges of tele-work better than most. Under these circumstances, the Court can find good cause for no more than a 21-day extension (thereby doubling the standard time allotted to Plaintiffs). Issued by MAG/JUDGE L. PATRICK AULD on 04/15/2020. (AULD, L.) (Entered: 04/15/2020) | ||
| Apr 15, 2020 | TEXT ORDER declining to adopt 135 Joint Report pursuant to FRCP 26(f). Via Text Order dated 10/01/2019, the Court "adopt[ed] 77 Joint Report pursuant to FRCP 26(f), as supplemented by 87 Addendum, with [a] clarification[ that] the Clerk shall set the trial date based on the standard considerations...." As a result, pursuant to the terms elected by the Parties in 77 Report and 87 Addendum: (1) the deadline for "[t]he Parties [to] disclose witnesses [was] March 15, 2020"; (2) "[e]xpert reports and disclosures pursuant to Fed. R. Civ. P. 26(a)(2) are due... [f]rom Plaintiffs by April 15, 2020... [and f]rom Defendants by May 5, 2020"; (3) "[f]act discovery w[ill] close on May 15, 2020"; and (4) "expert discovery sh[all] close on June 1, 2020." Based on those scheduling order deadlines (and the standard considerations employed in setting trial dates in this Court), the Clerk (on 02/20/2020) issued 130 Notice, setting this case for trial during the January 2021 Civil Master Calendar Term, which commences on 01/04/2021, with final pre-trial filing deadlines ranging from 12/04/2020 through 12/18/2020. On 04/14/2020, the Parties filed 135 Joint Report, in which, "[i]n light of [ 130 Notice] setting trial for January 4, 2021,... propose[s a] discovery schedule, amending the [parties' 77 Joint Report]... and the[ir 87 Addendum]," to allow: (1) "[t]he Parties [to] disclose fact witnesses on or before September 4, 2020"; (2) "[e]xpert reports and disclosures pursuant to Fed. R. Civ. P. 26(a)(2) [to] be due... [from Plaintiffs] on October 9, 2020... [and from Defendants] on November 6, 2020"; (3) "[f]act discovery [to] close on October 2, 2020"; and (4) "expert discovery [to] close on December 4, 2020." The fact that, on 02/20/2020, the Court set a trial date based on scheduling order deadlines adopted on 10/01/2019, does not provide "good cause" as required by Federal Rule of Civil Procedure 16(b)(4) for a proposal (submitted on 04/14/2020) to modify those scheduling order deadlines (much less "excusable neglect" under Federal Rule of Civil Procedure 6(b)(1)(B) for belated extension of the lapsed witness disclosure deadline). Issued by MAG/JUDGE L. PATRICK AULD on 04/15/2020. (AULD, L.) (Entered: 04/15/2020) | ||
| 137 | Apr 15, 2020 | Request | RESPONSE in Opposition re 133 MOTION to Intervene filed by Voter Integrity Project filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, KEN RAYMOND. Replies due by 4/29/2020 (Attachments: # 1 Exhibit PI Hearing Transcript Excerpt)(COX, PAUL) (Entered: 04/15/2020) |
| 138 | Apr 23, 2020 | Request | JOINT MOTION FOR RECONSIDERATION OF APRIL 15, 2020 ORDER DECLINING TO ADOPT JOINT RULE 26(F) REPORT by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (COOPER, JAMES) (Entered: 04/23/2020) |
| Apr 27, 2020 | Motion Referred: RE: 138 JOINT MOTION FOR RECONSIDERATION OF APRIL 15, 2020 ORDER DECLINING TO ADOPT JOINT RULE 26(F) REPORT, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 04/27/2020) | ||
| 139 | Apr 29, 2020 | Request | REPLY, filed by Intervenor Defendant VOTER INTEGRITY PROJECT, to Response to 133 MOTION to Intervene filed by VOTER INTEGRITY PROJECT. (PHILLIPS, KAYLAN) (Entered: 04/29/2020) |
| 140 | May 4, 2020 | View | MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 5/4/2020. The Joint Motion for Reconsideration (Docket Entry 138 ) is DENIED. (Daniel, J) (Entered: 05/04/2020) |
| 141 | May 7, 2020 | Request | RESPONSE in Opposition re 133 MOTION to Intervene filed by VOTER INTEGRITY PROJECT filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Replies due by 5/21/2020 (COOPER, JAMES) (Entered: 05/07/2020) |
| 142 | May 15, 2020 | Request | USCA ORDER The petition for rehearing en banc was circulated to the full court. No judge requested a poll under Fed. R. App. P. 35. The court denies the petition for rehearing en banc. (Sheets, Jamie) (Entered: 05/15/2020) |
| 143 | May 18, 2020 | Request | APPEAL FROM MAGISTRATE JUDGE ORDER by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP re Motions Referred, 135 Joint Status Report, 140 Memorandum Opinion and Order, Order,,,,,,,,, (Attachments: # 1 Text of Proposed Order)(COOPER, JAMES) (Entered: 05/18/2020) |
| May 19, 2020 | CASE REFERRED RE: 143 Appeal from Magistrate Judge Order, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 05/19/2020) | ||
| 144 | May 20, 2020 | Request | USCA ORDER. The court grants the motion to withdraw from further representation on appeal. USCA Case Number 19-2273. (Sheets, Jamie) (Entered: 05/20/2020) |
| 145 | May 20, 2020 | Request | USCA ORDER. The court grants the motion to withdraw from further representation on appeal. USCA Case Number 20-1092. (Sheets, Jamie) (Entered: 05/20/2020) |
| 146 | May 21, 2020 | Request | MOTION to Withdraw as Attorney NICOLE F. REAVES by on behalf of PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Text of Proposed Order)(REAVES, NICOLE) (Entered: 05/21/2020) |
| May 21, 2020 | Motion Referred: RE: 146 MOTION to Withdraw as Attorney NICOLE F. REAVES , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 05/21/2020) | ||
| May 21, 2020 | TEXT ORDER granting 146 Motion to Withdraw. Attorney NICOLE F. REAVES is terminated as counsel of record for Philip E. Berger and Timothy K. Moore. Issued by MAG/JUDGE L. PATRICK AULD on 05/21/2020. (AULD, L.) (Entered: 05/21/2020) | ||
| 147 | May 21, 2020 | Request | REPLY, filed by Intervenor Defendant VOTER INTEGRITY PROJECT, to Response to 133 MOTION to Intervene filed by VOTER INTEGRITY PROJECT. (PHILLIPS, KAYLAN) (Entered: 05/21/2020) |
| May 27, 2020 | Motion Submitted: 133 MOTION to Intervene to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 05/27/2020) | ||
| 148 | May 27, 2020 | View | ORDER signed by JUDGE LORETTA C. BIGGS on 5/27/2020. Plaintiffs' Consent Objection to Magistrate Judge's April 15, 2020 Order Declining to Adopt Joint Rule 26(f) Report (ECF No. 143 ) is OVERRULED, and the Magistrate Judge's May 4th, 2020 Memorandum and Order (ECF No. 140 ) is AFFIRMED. (Daniel, J) (Entered: 05/27/2020) |
| 149 | Aug 14, 2020 | View | USCA OPINION Vacated and Remanded. USCA Case #19-2273. (Daniel, J) (Entered: 08/14/2020) |
| 150 | Aug 14, 2020 | View | USCA JUDGMENT. In accordance with the decision of this court, the district court order entered November 7, 2019, is vacated. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41 re: 123 Notice of Appeal Without Fee Payment. USCA Case #19-2273. (Daniel, J) (Entered: 08/14/2020) |
| 151 | Sep 11, 2020 | Request | USCA STAY OF MANDATE. Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court re: 123 Notice of Appeal Without Fee Payment. USCA Case #19-2273. (Daniel, J) (Entered: 09/11/2020) |
| 152 | Oct 5, 2020 | Request | USCA Order granting petition for rehearing en banc. USCA Case #19-2273. (Daniel, J) (Entered: 10/05/2020) |
| Nov 3, 2020 | TEXT ORDER issued by JUDGE LORETTA C. BIGGS on 11/3/2020. It appearing that the mandate has not been issued in this case, the jury trial scheduled for January 6, 2021 will therefore be continued to a date to be determined.(Blay, Debbie) (Entered: 11/03/2020) | ||
| 153 | Dec 2, 2020 | View | USCA OPINION. The judgment of the district court is REVERSED. USCA Case #20-1092. (Daniel, J) (Entered: 12/03/2020) |
| 154 | Dec 2, 2020 | Request | USCA JUDGMENT. In accordance with the decision of this court, the judgment of the district court is reversed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41 re: 123 Notice of Appeal. USCA Case #20-1092. (Daniel, J) (Entered: 12/03/2020) |
| 155 | Jan 26, 2021 | Request | USCA STAY OF MANDATE. Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. USCA Case #20-1092. (Daniel, J) (Entered: 01/26/2021) |
| 156 | Feb 8, 2021 | Request | USCA Order denying petition for rehearing en banc. USCA Case #20-1092. (Daniel, J) (Entered: 02/08/2021) |
| 157 | Feb 16, 2021 | Request | MANDATE of USCA. The judgment of this court, entered December 2, 2020, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, re: 123 Notice of Appeal. USCA Case #20-1092. (Daniel, J) (Entered: 02/16/2021) |
| 158 | Mar 23, 2021 | Request | NOTICE of Hearing: Master Trial Calendar: JANUARY Bench Trial set for 1/3/2022 09:30 AM in Unassigned Courtroom. Trial briefs, etc. deadline set for 12/13/2021.(Blay, Debbie) (Entered: 03/23/2021) |
| 159 | Mar 25, 2021 | Request | NOTICE of Attorney Appearance by attorney PRESTON M. SMITH on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (SMITH, PRESTON) (Entered: 03/25/2021) |
| 160 | Jun 7, 2021 | Request | USCA OPINION affirming the District Court re: 103 Notice of Appeal. USCA Case #19-2273. (Daniel, J) (Entered: 06/07/2021) |
| 161 | Jun 7, 2021 | Request | USCA JUDGMENT. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41 re: 103 Notice of Appeal. USCA Case #19-2273. (Daniel, J) (Entered: 06/07/2021) |
| 162 | Jul 15, 2021 | Request | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. TERENCE P. STEED is substituted as counsel for Defendants. Attorney OLGA E. VYSOTSKAYA DE BRITO terminated. (STEED, TERENCE) (Entered: 07/15/2021) |
| 163 | Jul 15, 2021 | Request | MOTION for Leave to File Notice of Intent to File Dispositive Motion and Extend Dispositive Motion Deadline by STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, ROBERT CORDLE, STACY "FOUR" EGGERS, IV, JAY HEMPHILL, VALERIE JOHNSON, JOHN LEWIS, JOSHUA MALCOM, KEN RAYMOND. Response to Motion due by 8/9/2021 (Attachments: # 1 Proposed Notice of Intent to File Dispositive Motion)(COX, PAUL) (Entered: 07/15/2021) |
| 164 | Jul 15, 2021 | View | BRIEF re 163 MOTION for Leave to File Notice of Intent to File Dispositive Motion and Extend Dispositive Motion Deadline by Defendants STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, ROBERT CORDLE, STACY "FOUR" EGGERS, IV, JAY HEMPHILL, VALERIE JOHNSON, JOHN LEWIS, JOSHUA MALCOM, KEN RAYMOND filed by STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, DAMON CIRCOSTA, ROBERT CORDLE, STACY "FOUR" EGGERS, IV, JAY HEMPHILL, VALERIE JOHNSON, JOHN LEWIS, JOSHUA MALCOM, KEN RAYMOND. (COX, PAUL) (Entered: 07/15/2021) |
| 165 | Aug 5, 2021 | View | RESPONSE in Opposition re 163 MOTION for Leave to File Notice of Intent to File Dispositive Motion and Extend Dispositive Motion Deadline filed by ROBERT CORDLE, JEFFERSON CARMON, STELLA ANDERSON, DAVID C. BLACK, JOHN LEWIS, JOSHUA MALCOM, STACY "FOUR" EGGERS, IV, KEN RAYMOND, VALERIE JOHNSON, DAMON CIRCOSTA, JAY HEMPHILL filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Replies due by 8/23/2021 (KARPATKIN, JEREMY) (Entered: 08/05/2021) |
| 166 | Aug 6, 2021 | Request | REPLY, filed by Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, to Response to 163 MOTION for Leave to File Notice of Intent to File Dispositive Motion and Extend Dispositive Motion Deadline filed by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV. (COX, PAUL) (Entered: 08/06/2021) |
| Aug 10, 2021 | Motion Referred: RE: 163 MOTION for Leave to File Notice of Intent to File Dispositive Motion and Extend Dispositive Motion Deadline, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 08/10/2021) | ||
| 167 | Aug 17, 2021 | Request | MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 8/17/2021. For the reasons outlined herein, the Motion to Intervene by Voter Integrity Project NC, Inc., (ECF No. 133 ) is DENIED. (Daniel, J) (Entered: 08/17/2021) |
| 168 | Aug 23, 2021 | Request | SUPREME COURT NOTICE of petition for a writ of certiorari filed on August 19, 2021 and placed on the docket August 23, 2021 as No. 21-248. USCA Case #19-2273. (Daniel, J) (Entered: 09/01/2021) |
| Aug 25, 2021 | TEXT ORDER denying 163 Motion for Leave to File Notice of Intent to File a Dispositive Motion and Extend the Dispositive Motion Deadline. Via Text Order dated 10/01/2019, the Court (per the issuing Magistrate Judge) "adopt[ed] 77 Joint Report pursuant to FRCP 26(f), as supplemented by 87 Addendum," which set a discovery deadline of 06/01/2020, which (by operation of Local Rule 56.1(b)) established a dispositive motions deadline of 07/01/2020. Via 130 Notice (dated 02/20/2020), the Clerk set this case for trial during the January 2021 Civil Master Calendar Term. No party filed dispositive motions by 07/01/2020 (or thereafter). Due to the pendency of an interlocutory appeal, the Court (per United States District Judge Loretta C. Biggs) issued a Text Order dated 11/03/2020 continuing the trial to a date to be determined. Following the resolution of that appeal, the Clerk issued 158 Notice (dated 03/23/2021) re-setting this case for trial during the January 2022 Civil Master Calendar Term, with final pre-trial filings due from 12/03/2021 through 12/17/2021. On 07/15/2021, Defendants Damon Circosta, Stella E. Anderson, Jefferson Carmon III, Stacy Eggers IV, and Wyatt T. Tucker, Sr. (the "Moving Defendants") filed 163 Motion, requesting leave to file dispositive motions out of time. Under Federal Rule of Civil Procedure 6(b)(1)(B), Moving Defendants must show that they "failed to act [by the deadline] because of excusable neglect." "'Excusable neglect' is not easily demonstrated, nor was it intended to be." Thompson v. E.I. DuPont de Nemours & Co., 76 F.3d 530, 534 (4th Cir. 1996). The excusable neglect inquiry remains "at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission." Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993). "These include... 1 the danger of prejudice to the [opposing party], 2 the length of the delay and its potential impact on judicial proceedings, 3 the reason for the delay, including whether it was within the reasonable control of the movant, and 4 whether the movant acted in good faith." Id. In 164 Brief in support of 163 Motion, Moving Defendants argue that (1) "Plaintiffs are not prejudiced by having to defend against a summary judgment motion," (2) although "[Moving] Defendants have delayed in bringing a dispositive motion,... that delay should not negatively impact the judicial proceedings," (3) "good reason" (which was "outside of [Moving] Defendants' control") exists for the delay in that "the law directly applicable to this case has considerably changed since... the original dispositive-motion deadline," and (4) "[Moving] Defendants have acted in good faith." In 165 Opposition, Plaintiffs have responded that (1) they "would be seriously prejudiced if this Court granted Defendants' request for leave to file an out-of-time summary judgment motion," because "[a]dding litigation of this dispositive motion into the final weeks prior to trial creates a risk that the Court will have no choice but to postpone the trial to allow adequate time to brief, argue and decide the motion to provide the parties and the Court with time to address pre-trial motions, and to incorporate the ruling on the summary judgment motion into their trial plan" or the parties will have to prepare for trial without the benefit of the summary judgment ruling, "if the Court allows the [filing out-of-time of] the summary judgment motion and does not postpone the trial," (2) "the impracticability of deciding Plaintiffs' claims on a motion for summary judgment" and the lack of time left before the trial date means that allowing "Defendants' request for leave to file a motion for summary judgment out of time will have a negative impact on the judicial proceedings," and (3) "[t]here has been no change in the law that justifies leave to file a dispositive, out-of-time motion." After carefully considering the foregoing filings (as well as 166 Reply by Moving Defendants), the Court has determined that the balance of the pertinent factors does not establish excusable neglect. Most significantly, the Court has concluded that the legal developments cited by Moving Defendants do not appear of a nature or quality sufficient to justify altering the established time-line for this case (which would pose the risk of prejudice to Plaintiffs and of negative impact on judicial proceedings described in 165 Opposition). Pursuant to Local Rule 56.1(g), Moving Defendants remain free to file an untimely dispositive motion, but it "will not be reached by the Court prior to trial unless the Court determines that its consideration will not cause delay to the proceedings." Issued by MAG/JUDGE L. PATRICK AULD on 08/25/2021. (AULD, L.) (Entered: 08/25/2021) | ||
| 169 | Sep 2, 2021 | Request | NOTICE of Hearing: Telephone Conference set for 9/17/2021 at 10:00 AM before JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/02/2021) |
| 170 | Sep 7, 2021 | Request | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. LAURA H. MCHENRY is substituted as counsel for Defendants. Attorney PAUL M. COX terminated. (MCHENRY, LAURA) (Entered: 09/07/2021) |
| 171 | Sep 10, 2021 | Request | Joint MOTION for Protective Order GOVERNING CONFIDENTIAL DOCUMENTS AND INFORMATION by STELLA ANDERSON, DAVID C. BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Response to Motion due by 9/27/2021 (Attachments: # 1 Text of Proposed Order Exhibit 1 - Proposed Amended Protective Order)(STEED, TERENCE) (Entered: 09/10/2021) |
| Sep 10, 2021 | Motion Referred: RE: 171 Joint MOTION for Protective Order GOVERNING CONFIDENTIAL DOCUMENTS AND INFORMATION, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/10/2021) | ||
| 172 | Sep 13, 2021 | Request | Amended PROTECTIVE ORDER Governing Confidential Documents and Information signed by MAG/JUDGE L. PATRICK AULD on 9/13/2021.(Daniel, J) (Entered: 09/13/2021) |
| Sep 13, 2021 | TEXT ORDER modifying 172 Amended Protective Order Governing Confidential Documents and Information as follows: notwithstanding the language of paragraph (25), nothing in 172 Amended Protective Order authorizes (much less requires) a party to move for sealing of material based on the mere fact that a party has designated that material as confidential (or highly confidential) under 172 Amended Protective Order. To the contrary, in order to move for sealing of any material, the party claiming an entitlement to sealing must possess a good-faith basis to believe the material in question qualifies for sealing under the legal standard that governs in the particular context in which the party seeks to rely on such material. Issued by MAG/JUDGE L. PATRICK AULD on 09/13/2021. (AULD, L.) (Entered: 09/13/2021) | ||
| Sep 17, 2021 | Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Telephone Conference held on 9/17/2021. Attorneys for Plaintiffs on call: Caitlin Swain (primary speaker), Jeremy C. Karpatkin, John C. Ulin, Irving L. Joyner. Attorneys for Defendants on call: Terence P. Steed (primary speaker), Laura H. McHenry. Matters discussed regarding setting date for bench trial. Bench Trial set January 24, 2022 at 9:30 a.m. (Court Reporter Briana Bell.) (Blay, Debbie) (Entered: 09/17/2021) | ||
| 173 | Sep 17, 2021 | Request | NOTICE of Hearing: Bench Trial set for 1/24/2022 at 09:30 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 09/17/2021) |
| 174 | Sep 29, 2021 | Request | NOTICE by STELLA ANDERSON, JEFFERSON CARMON of Filing (Attachments: # 1 Exhibit A - Final Judgment and Order; Holmes, et al. v. Moore, et al.; 18 CVS 15292; Filed Sept. 17, 2021.)(STEED, TERENCE) (Entered: 09/29/2021) |
| 175 | Oct 2, 2021 | Request | MOTION to Substitute Party by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (Attachments: # 1 Text of Proposed Order)(STEED, TERENCE) (Entered: 10/02/2021) |
| 176 | Oct 2, 2021 | Request | MOTION to Exceed Page Limit (Word Limit) by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (Attachments: # 1 Text of Proposed Order)(STEED, TERENCE) (Entered: 10/02/2021) |
| 177 | Oct 2, 2021 | Request | MOTION for Summary Judgment by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. Response to Motion due by 11/1/2021 (STEED, TERENCE) (Entered: 10/02/2021) |
| 178 | Oct 2, 2021 | Request | MEMORANDUM filed by Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR re 177 MOTION for Summary Judgment filed by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (STEED, TERENCE) (Entered: 10/02/2021) |
| Oct 4, 2021 | Motions Submitted: 175 MOTION to Substitute Party , 176 MOTION to Exceed Page Limit (Word Limit) to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 10/04/2021) | ||
| 179 | Oct 5, 2021 | Request | Transcript of Proceedings held on 09/17/2021, before Judge Loretta C. Biggs. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (Bell, Briana) (Entered: 10/05/2021) |
| 180 | Oct 5, 2021 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 10/5/2021. The Court Docket will be updated to reflect that (1) the current active State Board Defendants are Damon Circosta; Stella Anderson; Jeff Carmon, III; Wyatt T. Tucker, Sr.; and Stacy "Four" Eggers, IV, who are represented by Special Deputy Attorneys General Terence Steed and Laura H. McHenry; and (2) David C. Black, Robert Cordle, and Ken Raymond are TERMINATED AS PARTIES. (Daniel, J) (Entered: 10/05/2021) |
| 181 | Oct 7, 2021 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 10/7/2021. The State Board Defendants Motion (ECF No. 176 ) is DENIED. (Daniel, J) (Entered: 10/07/2021) |
| 182 | Oct 8, 2021 | Request | MEMORANDUM filed by Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR re 177 MOTION for Summary Judgment filed by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (STEED, TERENCE) (Entered: 10/08/2021) |
| 183 | Oct 8, 2021 | View | BRIEF of Amici Curiae by Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (MOSS, NICOLE) (Entered: 10/08/2021) |
| 184 | Oct 21, 2021 | Request | MOTION for Clarification ON COURT'S ORDERS ON DEFENDANTS' UNTIMELY MOTION FOR SUMMARY JUDGMENT dkt. entry 177 by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Responses due by 11/12/2021 (COOPER, JAMES) (Entered: 10/21/2021) |
| 185 | Oct 25, 2021 | Request | RESPONSE filed by Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR re 184 MOTION for Clarification ON COURT'S ORDERS ON DEFENDANTS' UNTIMELY MOTION FOR SUMMARY JUDGMENT dkt. entry 177 filed by HIGH POINT NAACP, CHAPEL HILL - CARRBORO NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, MOORE COUNTY NAACP, STOKES COUNTY BRANCH OF THE NAACP, GREENSBORO NAACP filed by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (STEED, TERENCE) (Entered: 10/25/2021) |
| 186 | Oct 26, 2021 | View | REPLY, filed by Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP, to Response to 184 MOTION for Clarification ON COURT'S ORDERS ON DEFENDANTS' UNTIMELY MOTION FOR SUMMARY JUDGMENT dkt. entry 177 filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. (COOPER, JAMES) (Entered: 10/26/2021) |
| Oct 27, 2021 | Motion Submitted: 184 MOTION for Clarification ON COURT'S ORDERS ON DEFENDANTS' UNTIMELY MOTION FOR SUMMARY JUDGMENT dkt. entry 177 to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 10/27/2021) | ||
| 187 | Nov 8, 2021 | Request | RESPONSE in Opposition re 177 MOTION for Summary Judgment filed by WYATT T TUCKER, SR., STACY "FOUR" EGGERS, IV, JEFFERSON CARMON, DAMON CIRCOSTA, STELLA ANDERSON, 182 Memorandum, filed by WYATT T TUCKER, SR., STACY "FOUR" EGGERS, IV, JEFFERSON CARMON, DAMON CIRCOSTA, STELLA ANDERSON (PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT) filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Replies due by 11/22/2021 (COOPER, JAMES) (Entered: 11/08/2021) |
| 188 | Nov 10, 2021 | Request | NOTICE of Special Appearance by attorney JOHN M. HINDLEY on behalf of Plaintiff NORTH CAROLINA STATE CONFERENCE OF THE NAACP ( Filing fee $ 25 receipt number 0418-3170809.) (HINDLEY, JOHN) (Entered: 11/10/2021) |
| 189 | Nov 22, 2021 | Request | REPLY, filed by Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR, to Response to 177 MOTION for Summary Judgment filed by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (STEED, TERENCE) (Entered: 11/22/2021) |
| 190 | Dec 6, 2021 | Request | NOTICE of Attorney Appearance by attorney MARY CARLA BABB on behalf of Defendants STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR (BABB, MARY) (Entered: 12/06/2021) |
| 191 | Dec 6, 2021 | Request | NOTICE by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR of Filing (Attachments: # 1 Exhibit A - November 24, 2021 Order Granting Certiorari)(STEED, TERENCE) (Entered: 12/06/2021) |
| Dec 6, 2021 | Motion Submitted: 177 MOTION for Summary Judgment to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 12/06/2021) | ||
| 192 | Dec 20, 2021 | Request | MOTION to Stay , Continue the Trial, or Allow Permissive Intervention by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR. (Attachments: # 1 Text of Proposed Order)(STEED, TERENCE) (Entered: 12/20/2021) |
| Dec 20, 2021 | TEXT ORDER issued by JUDGE LORETTA C. BIGGS on 12/20/2021. IT IS ORDERED that responses are due no later than Monday, December 27, 2021 to 192 MOTION to Stay , Continue the Trial, or Allow Permissive Intervention filed by WYATT T TUCKER, SR., STACY "FOUR" EGGERS, IV, JEFFERSON CARMON, DAMON CIRCOSTA, STELLA ANDERSON. The Court deems that no reply will be necessary.(Blay, Debbie) (Entered: 12/20/2021) | ||
| Dec 20, 2021 | Set Motion Response Deadline re 192 MOTION to Stay, Continue the Trial, or Allow Permissive Intervention: Responses due by 12/27/2021. (Sheets, Jamie) (Entered: 12/20/2021) | ||
| 193 | Dec 27, 2021 | Request | RESPONSE in Opposition re 192 MOTION to Stay , Continue the Trial, or Allow Permissive Intervention filed by WYATT T TUCKER, SR., STACY "FOUR" EGGERS, IV, JEFFERSON CARMON, DAMON CIRCOSTA, STELLA ANDERSON filed by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP. Replies due by 1/10/2022 (COOPER, JAMES) (Entered: 12/27/2021) |
| Dec 29, 2021 | Motion Submitted: 192 MOTION to Stay , Continue the Trial, or Allow Permissive Intervention to JUDGE LORETTA C. BIGGS. (Blay, Debbie) (Entered: 12/29/2021) | ||
| 194 | Dec 30, 2021 | Request | ORDER signed by JUDGE LORETTA C. BIGGS on 12/30/2021; that this case is STAYED, including the trial scheduled to begin January 24, 2022, pending the resolution of the grant of certiorari by the U.S. Supreme Court or until further Order of this Court. FURTHER that Defendants' Motion to Stay, Continue the Trial, or Allow Permissive Intervention, is DENIED AS MOOT, (ECF No. 192 ) (Hicks, Samantha) (Entered: 12/30/2021) |
| 195 | Mar 7, 2022 | Request | NOTICE by STELLA ANDERSON, JEFFERSON CARMON, DAMON CIRCOSTA, STACY "FOUR" EGGERS, IV, WYATT T TUCKER, SR of Filing (Attachments: # 1 Exhibit A - March 2, 2022 Order of the Supreme Court of North Carolina Granting PDR; Holmes, et al v. Moore, et al.; 342PA19-2)(STEED, TERENCE) (Entered: 03/07/2022) |