Messmer v. Harrison et al
| Kirsten Messmer |
| Attorney General Roy Cooper, Sheriff Donnie Harrison, Governor Pat McCrory and Frank L. Perry |
| State of North Carolina |
| 5:2015cv00097 |
| March 10, 2015 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Terrence W Boyle |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 65 JUDGMENT on Attorney Fees - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion for attorney's fees and costs [DE 43] is GRANTED in the amount of $41,211.50 in fees and $538.07 in costs. Signed by Julie Richards Johnston, Clerk of Court 1/26/2016. (Romine, L.) |
Filing 64
ORDER granting #43 Motion for Attorney Fees. Signed by District Judge Terrence W. Boyle on 1/25/2016. (Romine, L.)
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| Filing 63 REPLY to Response to Motion regarding #43 MOTION for Attorney Fees filed by Kirsten Messmer. (Attachments: #1 Second Supplemental Declaration of Camden R. Webb, #2 Exhibit A to Second Supplemental Declaration of Camden R. Webb - Itemized Services Bill) (Webb, Camden) |
| Motion Submitted to US District Judge Terrence W. Boyle: #43 MOTION for Attorney Fees. (Romine, L.) |
| Filing 62 MOTION for Extension of Time to File Response/Reply as to #61 Response in Opposition to Motion filed by Kirsten Messmer. (Attachments: #1 Text of Proposed Order) (Webb, Camden) |
| Motion referrred to Julie Richards Johnston, Clerk of Court: #62 MOTION for Extension of Time to File Reply as to #61 Response in Opposition to Motion. (Romine, L.) |
| TEXT ORDER granting plaintiff's #62 motion for extension of time. Plaintiff has through and including January 14, 2016 to reply to the #43 motion for attorneys' fees. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 1/7/2016. (Skinner, J.) |
| Filing 61 RESPONSE in Opposition regarding #43 MOTION for Attorney Fees filed by State of North Carolina. (Attachments: #1 Exhibit A, #2 Appendix Unpublished Case, #3 Appendix Unpublished Case) (Whitehead, Charles) |
| Filing 60 Notice of Appearance filed by Charles G. Whitehead on behalf of State of North Carolina. (Whitehead, Charles) |
| Filing 59 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the Courts order DE #40 , the States defendants motion to dismiss is GRANTED, and defendant Donnie Harrisons motion to dismiss DE #41 is GRANTED and this case is DISMISSED AS MOOT, except that the Court retains jurisdiction to decide the issue of attorneys fees. The States motion to intervene and for extension of time DE #52 is GRANTED, and the State is DIRECTED to file a response to plaintiffs motion for attorneys fees within 21 days of the date of the entry of Order DE #58 . Signed by Julie Richards Johnston, Clerk of Court on 12/2/2015. (Romine, L.) |
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Filing 58
ORDER granting #41 Motion to Dismiss and granting #52 Motion to Intervene. Signed by District Judge Terrence W. Boyle on 12/1/2015. (Romine, L.)
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| Motions Submitted to US District Judge Terrence W. Boyle: #52 MOTION to Intervene and Motion for Extension of Time, #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and #43 MOTION for Attorney Fees. (Romine, L.) |
| Filing 57 REPLY to Response to Motion regarding #52 MOTION to Intervene and Motion for Extension of Time filed by State of North Carolina. (Whitehead, Charles) |
| Filing 56 RESPONSE in Opposition regarding #52 MOTION to Intervene and Motion for Extension of Time filed by Kirsten Messmer. (Attachments: #1 Exhibit A - CM/ECF notification on Plaintiffs Motion for Attorney Fees, #2 Exhibit B - CM/ECF notification on Plaintiffs Memorandum in Support) (Webb, Camden) |
| Filing 55 RESPONSE in Opposition regarding #43 MOTION for Attorney Fees filed by Donnie Harrison. (Erteschik, Andrew) |
| Filing 54 REPLY to Response to Motion regarding #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Donnie Harrison. (Erteschik, Andrew) |
| Filing 53 Memorandum in Support regarding #52 MOTION to Intervene and Motion for Extension of Time filed by State of North Carolina. (Whitehead, Charles) |
| Filing 52 MOTION to Intervene and Motion for Extension of Time filed by State of North Carolina. (Attachments: #1 Text of Proposed Order Proposed Order on Extension) (Whitehead, Charles) |
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Filing 51
ORDER granting #50 Motion for Extension of Time to File Reply regarding #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Response regarding #43 MOTION for Attorney Fees Reply and Response due by 10/21/2015. Signed by District Judge Terrence W. Boyle on 10/13/2015. (Romine, L.)
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| Filing 50 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, #43 MOTION for Attorney Fees filed by Donnie Harrison. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew) |
| Motion Submitted to US District Judge Terrence W. Boyle: #50 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, #43 MOTION for Attorney Fees. (Romine, L.) |
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Filing 49
ORDER granting #46 Motion for Extension of Time to File Response regarding #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Reply regarding #43 MOTION for Attorney Fees. Reply and Response due by 10/9/2015. Signed by District Judge Terrence W. Boyle on 9/14/2015. (Romine, L.)
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| Filing 48 Notice filed by Kirsten Messmer regarding #47 Notice - other of Withdrawal of the Corrected Declaration of Alan Gura. (Webb, Camden) |
| Filing 47 Notice filed by Kirsten Messmer regarding #44 Memorandum in Support,, Corrected Declaration of Alan Gura. (Webb, Camden) |
| Motions No Longer Referred: #46 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and #43 MOTION for Attorney Fees (Romine, L.) |
| Motion Submitted to US District Judge Terrence W. Boyle: #46 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and #43 MOTION for Attorney Fees . (Romine, L.) |
| Filing 46 Consent MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, #43 MOTION for Attorney Fees filed by Donnie Harrison. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew) |
| MOTION REFERRED to Julie Richards Johnston, Clerk of Court: #46 Consent MOTION for Extension of Time to File Reply as to #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Response to #43 MOTION for Attorney Fees. (Romine, L.) |
| Filing 45 RESPONSE in Opposition regarding #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Kirsten Messmer. (Webb, Camden) |
| Filing 44 Memorandum in Support regarding #43 MOTION for Attorney Fees filed by Kirsten Messmer. (Attachments: #1 Declaration of Camden R. Webb, #2 Exhibit A to Declaration of Camden R. Webb - biography, #3 Exhibit B to Declaration of Camden R. Webb - Itemized Services Bill, #4 Exhibit Cto Declaration of Camden R. Webb - 562 Bill Analysis, #5 Supplemental Declaration of Camden R. Webb, #6 Declaration of Kirsten Messmer, #7 Exhibit A to Declaration of Kirsten Messmer - Concealed Handgun Permit, #8 Declaration of Christopher J. Blake, #9 Declaration of Alan Gura) (Webb, Camden) |
| Filing 43 MOTION for Attorney Fees filed by Kirsten Messmer. (Webb, Camden) |
| Filing 42 Memorandum in Support regarding #41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Donnie Harrison. (Attachments: #1 Exhibit A - Session Law 2015-195) (Erteschik, Andrew) |
| Filing 41 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Donnie Harrison. (Erteschik, Andrew) |
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Filing 40
ORDER denying Sheriff's #18 Motion to Dismiss for Failure to State a Claim and granting State defendant's #21 Motion to Dismiss. Signed by District Judge Terrence W. Boyle on 8/4/2015. (Romine, L.)
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| Motion submitted to US District Judge Terrence W. Boyle #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with #19 Memorandum in Support and #35 RESPONSE in Opposition; and #21 MOTION to Dismiss with #22 Memorandum in Support and #36 RESPONSE in Opposition. (Downing, L.) |
| Filing 39 Receipt for bond in the amount of $1.00 by Plaintiff Kirsten Messmer. (Attachment: #1 cover letter, #2 Envelope) - see DE #38 . (Downing, L.) |
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Filing 38
ORDER: The plaintiff is directed to pay a nominal bond of $1.00 as security to pay the costs and damages sustained by any party found to have been wrongfully enjoined and restrained pursuant to the preliminary injunction. Signed by US District Judge Terrence W. Boyle on 5/22/2015. (Fisher, M.)
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| Filing 37 PLAINTIFF'S AMENDED RESPONSE IN OPPOSITION regarding #36 Motion to Dismiss, filed by Kirsten Messmer. Amendment to #36 Response in Opposition to Motion . (Attachments: #1 Exhibit A - January 23, 2015 Order) (Webb, Camden) Modified on 5/22/2015 to accurately identify the attached document. (Fisher, M.) |
| Filing 36 RESPONSE in Opposition regarding #21 MOTION to Dismiss filed by Kirsten Messmer. (Webb, Camden) |
| Filing 35 RESPONSE in Opposition regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kirsten Messmer. (Attachments: #1 Exhibit A - D.E. 23 at pp. 4-9 in Veasey v. Wilkins, No. 5:14-CV-00369-BO) (Webb, Camden) |
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Filing 34
ORDER regarding #32 Defendant's Unopposed Motion to Amend Preliminary Injunction: The Court amends its April 24, 2015, order to clarify that the order pertains only to lawful permanent resident aliens rather than lawfully admitted aliens. All other terms, conditions, and analysis in the original order remain the same. Signed by US District Judge Terrence W. Boyle on 5/12/2015. (Fisher, M.)
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| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #32 Unopposed Motion to Amend #24 Order on Motion for Preliminary Injunction. (Fisher, M.) |
| Filing 33 Memorandum in Support regarding #32 MOTION to Amend/Correct #24 Order on Motion for Preliminary Injunction filed by Donnie Harrison. (Attachments: #1 Unpublished Case: Moore v. Life Ins. Co. of N. Am., 278 Fed. Appx. 238) (Erteschik, Andrew) |
| Filing 32 MOTION to Amend/Correct #24 Order on Motion for Preliminary Injunction by Donnie Harrison. (Erteschik, Andrew) |
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Filing 31
ORDER granting #29 Motion for Extension of Time to File Response/Reply. Responses due by 5/19/2015. Signed by District Judge Terrence W. Boyle on 5/7/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
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Filing 30
ORDER granting #28 Motion for Extension of Time to File Response/Reply. Responses due by 5/19/2015. Signed by District Judge Terrence W. Boyle on 5/7/2015. The parties are reminded to read the order in its entirety. (Downing, L.) Modified on 5/8/2015 to correct the link. (Downing, L.).
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| Filing 29 MOTION for Extension of Time to File Response/Reply to Defendant Harrison's Motion to Dismiss by Kirsten Messmer. (Attachments: #1 Text of Proposed Order) (Webb, Camden) |
| Filing 28 MOTION for Extension of Time to File Response/Reply to Defendants McCrory, Cooper and Perry's Motion to Dismiss by Kirsten Messmer. (Attachments: #1 Text of Proposed Order) (Webb, Camden) |
| Motion submitted to US District Judge Terrence W. Boyle: #28 MOTION for Extension of Time to File Response to Defendants McCrory, Cooper and Perry's Motion to Dismiss and #29 MOTION for Extension of Time to File Response to Defendant Harrison's Motion to Dismiss. (Downing, L.) |
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Filing 27
ORDER granting #25 Motion for Extension of Time to File Response regarding #21 MOTION to Dismiss. Responses due by 5/8/2015. Signed by District Judge Terrence W. Boyle on 4/29/2015. (Marsh, K)
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| Filing 26 MOTION for Extension of Time to File Response/Reply to Defendant Harrison's Motion to Dismiss by Kirsten Messmer. (Attachments: #1 Text of Proposed Order) (Webb, Camden) |
| Filing 25 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Kirsten Messmer. (Attachments: #1 Text of Proposed Order) (Webb, Camden) |
| Motion submitted to US District Judge Terrence W. Boyle #25 MOTION for Extension of Time to File Response to Motion to Dismiss. (Downing, L.) |
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Filing 24
ORDER granting #2 Motion for Preliminary Injunction. Signed by District Judge Terrence W. Boyle on 4/23/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
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| Filing 23 Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 4/16/2015 - all parties present and ready to proceed - the Court will enter a written order. (Court Reporter Donna Tomawski) (Downing, L.) |
| Motion submitted to US District Judge Terrence W. Boyle #2 MOTION for Preliminary Injunction with #20 Response in opposition. (Downing, L.) |
| Filing 22 Memorandum in Support regarding #21 MOTION to Dismiss and in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Roy Cooper, Pat McCrory, Frank L. Perry. (Askins, Hal) |
| Filing 21 MOTION to Dismiss by Roy Cooper, Pat McCrory, Frank L. Perry. (Askins, Hal) |
| Filing 20 RESPONSE in Opposition regarding #2 MOTION for Preliminary Injunction filed by Donnie Harrison. (Erteschik, Andrew) |
| Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Donnie Harrison. (Attachments: #1 Exhibit A - Excerpts of Memorandum of Law in Support of Defendant's Motion to Dismiss (DE 15 in 5:14-cv-00369-BO), #2 Exhibit B - Excerpts of Reply in Support of Defendant's Motion to Dismiss (DE 25 in 5:14-cv-00369-BO)) (Erteschik, Andrew) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Donnie Harrison. (Erteschik, Andrew) |
| Filing 17 FINANCIAL DISCLOSURE STATEMENT by Donnie Harrison. (Erteschik, Andrew) |
| Filing 16 NOTICE of Appearance by Andrew H. Erteschik on behalf of Donnie Harrison (Erteschik, Andrew) |
| Filing 15 NOTICE of Appearance by J. Nicholas Ellis on behalf of Donnie Harrison (Ellis, J.) |
| Filing 14 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Memorandum in Support served on Donnie Harrison on 03/18/2015, filed by Kirsten Messmer. (Attachments: #1 Exhibit A - return receipt) (Webb, Camden) |
| Filing 13 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Memorandum in Support served on Roy Cooper on 03/16/2015, filed by Kirsten Messmer. (Attachments: #1 Exhibit A - return receipt) (Webb, Camden) |
| Filing 12 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Memorandum in Support served on Frank L. Perry on 03/16/2015, filed by Kirsten Messmer. (Attachments: #1 Exhibit A - return receipt) (Webb, Camden) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Memorandum in Support served on Pat McCrory on 03/16/2015, filed by Kirsten Messmer. (Attachments: #1 Exhibit A - return receipt) (Webb, Camden) |
| Filing 10 NOTICE of Hearing on Motion #2 MOTION for Preliminary Injunction: Motion Hearing set for 4/16/2015 at 2:00 p.m. in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Downing, L.) |
| Filing 9 NOTICE of Appearance by Hal F. Askins on behalf of Roy Cooper, Pat McCrory, Frank L. Perry (Askins, Hal) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to District Judge Terrence W. Boyle for all further proceedings. Senior Judge W. Earl Britt no longer assigned to case. All future documents should reflect the revised case number of 5:15-CV-97-BO Signed by Julie Richards Johnston, Clerk of Court on 3/13/2015. (Marsh, K)
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| Filing 7 Summonses Issued as to Roy Cooper, Donnie Harrison, Pat McCrory and Frank L. Perry. (Marsh, K) |
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Filing 6
Order Redesignating Division to Western Division. All future filings should reflect the new case number of 5:15-CV-97-BR. No further filing should be made in 4:15-CV-42-BR. Signed by Julie Richards Johnston, Clerk of Court on 3/11/2015. (Marsh, K)
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| Filing 5 FINANCIAL DISCLOSURE STATEMENT by Kirsten Messmer. (Webb, Camden) |
| Filing 4 NOTICE of Appearance by Camden R. Webb on behalf of Kirsten Messmer (Webb, Camden) |
| NOTICE OF DEFICIENCY - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Felder, J) |
| NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Felder, J) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Kirsten Messmer. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the Clerk. This form is available at the Clerk's office and on the Court's website. (Felder, J) |
| Filing 3 Memorandum in Support regarding #2 MOTION for Preliminary Injunction filed by Kirsten Messmer. (Attachments: #1 Exhibit A - Declaration of Kirsten Messmer, #2 Appendix Judgment in case 1:12-CV-421) (Webb, Camden) |
| Filing 2 MOTION for Preliminary Injunction by Kirsten Messmer. (Webb, Camden) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0417-3217724.), filed by Kirsten Messmer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Webb, Camden) |
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