Wright et al v. State of North Carolina et al
| Calla Wright, Willie J. Bethel, Amy T. Lee, Amygayle L. Womble, John G. Vandenbergh, Barbara Vandenbergh, Ajamu G. Dillahunt, Elaine E. Dillahunt, Lucinda H. Mackethan, William B. Clifford, Ann Long Campbell, Greg Flynn, Beverley S. Clark, Concerned Citizens for African-American Children and Raleigh Wake Citizens Association |
| State of North Carolina and Wake County Board of Elections |
| 5:2013cv00607 |
| August 22, 2013 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Terrence W. Boyle |
| Civil Rights: Voting |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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Filing
133
JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS permanent declaratory and injunctive relief, DECLARES that the population deviations in the redistricting plan in Session Law 2013-110 for the Wake County School Board and Session Law 2015-4 for the Wake County Board of Commissioners violate the equal protection clauses of the Fourteenth Amendment to the United States Constitution and Article I, § 19 of the North Carolina Constitution, and ENJOINS the use of the unconstit utional redistricting plan in Session Law 2013-110 and Session Law 2015-4 in any elections, including the November 2016 elections. The court ADOPTS the following as a court-ordered interim plan. For the November 2016 Board of Commissioners elections, the court orders the Wake County Board of Elections to use the 2011 redistricting plan that was used in the 2014 Wake County Board of Commissioners elections. The Commissioner candidates will run in residency Districts 4, 5, and 6 and be elected cou ntywide. The elected Commissioner candidates from Districts 4, 5, and 6 will serve two-year terms. This court RETAINS jurisdiction to implement, enforce, and amend this judgment in order to ensure timely and orderly elections and to provide other app ropriate relief as needed. IT IS FURTHER ORDERED that plaintiffs' motion for attorneys' fees, expert fees, and litigation expenses [D.E. 119] and motion for costs [D.E. 118] are GRANTED IN PART and DENIED IN PART. It is ORDERED that: 1. Pla intiffs shall recover from defendant attorneys' fees in the amount of $375,520.39; 2. Plaintiffs shall recover from defendant litigation expenses in the amount of $8,607.14; 3. Plaintiffs shall recover from defendant expert fees in the amount of $17,719.24; 4. Plaintiffs shall recover taxable costs from defendant in the amount of $5,434.60; and 5. The Clerk is DIRECTED to enter judgment in both actions consistent with this order and to note that motions [D.E. 125] and [D.E. 126] in Case No. 5:13-CV-607-D are RESOLVED in this order. Signed by Peter A. Moore, Jr., Clerk of Court on 9/29/2017. (Briggeman, N.)
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Filing
83
JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED plaintiffs have failed to prove that either the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan violates the one person one vote requirement in the United States and North C arolina Constitutions. Plaintiffs also have failed to prove that the 2015 General Assembly racially gerrymandered District 4 in the 2015 Wake County Commissioners Plan. Accordingly, the court enters judgment in favor of the defendant Wake County Boar d of Elections. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to the Notice of Voluntary Dismissal entered on June 5, 2015, defendants Chad Barefoot, Philip E. Berger, andTim Moore, are voluntarily dismissed without prejudice. Signed by Nicole Briggeman for Julie Richards Johnston, Clerk of Court on 2/26/2016. (Briggeman, N.)
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Filing
63
ORDER - the court DENIES the motion to quash [D.E. 41] to the extent it seeks to bar the production of a privilege log and ORDERS the legislative movants file a privilege log by December 11, 2015. Upon receipt, the court will determine whether to gra nt any further relief to the plaintiffs or to the legislative movants. Finally, nothing in this order prevents the legislative movants and the plaintiffs from conferring about their discovery dispute and resolving it without further need for judicial intervention. Cf. Local Civil Rule 7.1 (c). Signed by Chief Judge James C. Dever III on 12/3/2015. (Jenkins, C.)
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Filing
38
ORDER GRANTING 27 Wake County Board of Elections' Motion to Dismiss; GRANTING 29 State of North Carolina's Motion to Dismiss; and DENYING AS FUTILE 33 Plaintiff's Motion for Leave to Amend. Plaintiffs' claims are dismissed in their entirety, and the clerk is directed to enter judgment accordingly and close the file. Signed by US District Judge Terrence W. Boyle on 3/14/2014. (Fisher, M.)
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