Pierce et al v. The North Carolina State Board of Elections et al
| Rodney D. Pierce and Moses Matthews |
| The North Carolina State Board of Elections, Alan Hirsch, Jeff Carmon III, Stacy Four Eggers IV, Kevin N. Lewis, Siobhan O'Duffy Millen, Philip E. Berger and Timothy K. Moore |
| Roy A. Cooper, III and Joshua H Stein |
| 4:2023cv00193 |
| November 20, 2023 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Robert T Numbers |
| Civil Rights: Voting |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 16, 2025. A more recent docket listing may be available from PACER.
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Filing 57
ORDER - The legislative defendants and the Board defendants may file any response to Dr. Barreto's supplemental declaration #55 no later than Monday, January 22, 2024. Signed by District Judge James C. Dever III on 1/17/2024. (Mann, Stephanie)
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| Filing 56 MANDATE of US Court of Appeals as to #44 Notice of Interlocutory Appeal filed by Rodney D. Pierce, Moses Matthews. (Foell, S.) |
| Filing 55 Notice of Supplemental Barreto Declaration filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Supplemental Declaration of Dr. Matt Barreto) (Jones, Robert) |
| Filing 54 Notice of Special Appearance for non-district by E. Mark Braden on behalf of Philip E. Berger, Timothy K. Moore. (Braden, E. Mark) |
| Filing 53 Minute Entry for proceedings held before District Judge James C. Dever III: Motion Hearing held on 1/10/2024 regarding #16 MOTION for Preliminary Injunction. Counsel for parties present in the courtroom and via video conference. The court hears argument by the parties. The matter is taken under advisement. Written order to follow. (Court Reporter Amy Condon) (Mann, Stephanie) |
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Filing 52
ORDER - The court will proceed with the scheduled hearing on plaintiffs' motion for a preliminary injunction at 10:00 a.m. on Wednesday, January 10, 2024. Signed by District Judge James C. Dever III on 1/9/2024. Counsel should read the order in its entirety for critical deadlines and information. (Mann, Stephanie)
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| Filing 51 US Court of Appeals Judgment as to #44 Notice of Interlocutory Appeal filed by Rodney D. Pierce, Moses Matthews. (Foell, S.) |
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Filing 50
ORDER of US Court of Appeals granting motion to dismiss appeal as to #44 Notice of Interlocutory Appeal filed by Rodney D. Pierce, Moses Matthews. (Foell, S.)
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| Filing 49 Notice of Special Appearance for non-district by Elisabeth S. Theodore on behalf of All Plaintiffs. (Theodore, Elisabeth) |
| Filing 48 Notice of Special Appearance for non-district by Trevor M. Stanley on behalf of Philip E. Berger, Timothy K. Moore. (Stanley, Trevor) |
| Filing 47 Notice of Special Appearance for non-district by Katherine McKnight on behalf of Philip E. Berger, Timothy K. Moore. (McKnight, Katherine) |
| Filing 46 US Court of Appeals Case Number 23-2317 (Kirsten Hancock, Case Manager) as to #44 Notice of Interlocutory Appeal filed by Rodney D. Pierce, Moses Matthews. (Hardy, Shari) |
| Filing 45 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #44 Notice of Interlocutory Appeal. (Hardy, Shari) |
| Filing 44 Notice of Interlocutory Appeal filed by Moses Matthews, Rodney D. Pierce. Filing fee, receipt number ANCEDC-7411767. (Jones, Robert) |
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Filing 43
ORDER Setting Hearing on #16 MOTION for Preliminary Injunction: Hearing set for 1/10/2024 at 10:00 AM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever III on 12/29/2023. (Mann, Stephanie)
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| Motion Submitted to District Judge James C. Dever III regarding #16 MOTION for Preliminary Injunction. (Mann, Stephanie) |
| Filing 42 REPLY to Response to Motion regarding #16 MOTION for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Affidavit Affidavit of Senator Dan Blue) (Jones, Robert) |
| Filing 41 Declaration regarding #40 Response in Opposition to Motion, of N.C. State Board of Elections Executive Director Karen Brinson Bell by Jeff Carmon III, Stacy Four Eggers IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, The North Carolina State Board of Elections (Babb, Mary) |
| Filing 40 RESPONSE in Opposition regarding #16 MOTION for Preliminary Injunction filed by Jeff Carmon III, Stacy Four Eggers IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, The North Carolina State Board of Elections. (Babb, Mary) |
| Filing 39 RESPONSE in Opposition regarding #16 MOTION for Preliminary Injunction filed by Philip E. Berger, Timothy K. Moore. (Attachments: #1 Exhibit Common Cause v. Lewis Plaintiffs' Brief Regarding the VRA, #2 Exhibit Common Cause v. Lewis Order Supplementing Facts on the VRA, #3 Exhibit Common Cause v. Lewis Senate Backup Data of Dr. Lisa Handley, #4 Exhibit Excerpts from 9/27/23 Public Hearing, #5 Exhibit Excerpts from 10/19/2023 Senate Redistricting and Elections Committee Meeting, #6 Exhibit Expert Report of Dr. Sean Trende, #7 Exhibit Expert Report of Dr. John Alford, #8 Exhibit NCLCV v. Hall Expert Report of Dr. Jeffrey B. Lewis) (Strach, Phillip) |
| Filing 38 Notice of Special Appearance for non-district by Rachel Palmer Hooper on behalf of Philip E. Berger, Timothy K. Moore. (Hooper, Rachel) |
| Filing 37 Notice of Special Appearance for non-district by Tyler Geoffrey Doyle on behalf of Philip E. Berger, Timothy K. Moore. (Doyle, Tyler) |
| Filing 36 Notice of Special Appearance for non-district by Patrick T Lewis on behalf of Philip E. Berger, Timothy K. Moore. (Lewis, Patrick) |
| Filing 35 Notice of Special Appearance for non-district by Richard Bryan Raile on behalf of Philip E. Berger, Timothy K. Moore. (Raile, Richard) |
| Filing 34 Notice of Special Appearance for non-district by Sam Ferenc on behalf of All Plaintiffs. (Ferenc, Sam) |
| Filing 33 Notice of Special Appearance for non-district by Robert Stanton Jones on behalf of All Plaintiffs. (Jones, Robert) |
| Motion Submitted to District Judge James C. Dever III regarding #31 MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs' Motion for Preliminary Injunction. (Mann, Stephanie) |
| Filing 32 Memorandum in Support regarding #31 MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs' Motion for Preliminary Injunction filed by Roy A. Cooper, III, Joshua H Stein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Park, Ryan) |
| Filing 31 MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs' Motion for Preliminary Injunction filed by Roy A. Cooper, III, Joshua H Stein. (Attachments: #1 Exhibit Brief of Amicus Curiae Governor Roy A. Cooper & Attorney General Joshua H. Stein, #2 Exhibit Proposed Order) (Park, Ryan) |
| Filing 30 Notice of Appearance filed by Ryan Young Park on behalf of Roy A. Cooper, III, Joshua H Stein. (Park, Ryan) |
| Filing 29 Notice filed by Moses Matthews, Rodney D. Pierce of Letter to The Honorable Judge Dever. (Speas, Edwin) |
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Filing 28
ORDER granting #25 MOTION for Extension of Time to File Response. The Legislative defendants and the North Carolina State Board of Elections defendants shall have until and including December 22, 2023, to respond to plaintiffs' motion for preliminary injunction. Signed by District Judge James C. Dever III on 12/8/2023. (Mann, Stephanie)
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| Filing 27 REPLY to Response to Motion regarding #25 MOTION for Extension of Time to File Response filed by Philip E. Berger, Timothy K. Moore. (Strach, Phillip) |
| Filing 26 RESPONSE in Opposition regarding #25 MOTION for Extension of Time to File Response filed by Moses Matthews, Rodney D. Pierce. (Speas, Edwin) |
| Motion Submitted to District Judge James C. Dever III regarding #25 MOTION for Extension of Time to File Response. (Mann, Stephanie) |
| Filing 25 MOTION for Extension of Time to File Response filed by Philip E. Berger, Timothy K. Moore. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time) (Strach, Phillip) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, #www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie) |
| Filing 24 Waiver of Service Returned Executed filed by Moses Matthews, Rodney D. Pierce. Philip E. Berger waiver sent on 11/20/2023, answer due 1/19/2024; Timothy K. Moore waiver sent on 11/20/2023, answer due 1/19/2024. (Speas, Edwin) |
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Filing 23
ORDER - The court DENIES as meritless plaintiffs' emergency motion to expedite #5 . Defendants may file a response to plaintiffs' motion for a preliminary injunction in accordance with this court's local rules. Plaintiffs may reply in accordance with this court's local rules. The court will hold a hearing in due course if one is needed to resolve plaintiffs' motion for a preliminary injunction. Signed by District Judge James C. Dever III on 11/27/2023. (Mann, Stephanie)
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| Filing 22 Notice of Appearance filed by Terence Steed on behalf of Jeff Carmon III, Stacy Four Eggers IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, The North Carolina State Board of Elections. (Steed, Terence) |
| Filing 21 Notice of Appearance filed by Alexandra M Bradley on behalf of Philip E. Berger, Timothy K. Moore. (Bradley, Alexandra) |
| Filing 20 REPLY to Response to Motion regarding #5 Emergency MOTION to Expedite - Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Exhibit A - 2019 Expert Report of Lisa Handley) (Speas, Edwin) |
| Filing 19 Financial Disclosure Statement by The North Carolina State Board of Elections (Babb, Mary) |
| Filing 18 Notice of Appearance filed by Mary Carla Babb on behalf of Jeff Carmon III, Stacy Four Eggers IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, The North Carolina State Board of Elections. (Babb, Mary) |
| Filing 17 Memorandum in Support regarding #16 MOTION for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Exhibit 1 - Expert Report of Blakeman B. Esselstyn, #2 Exhibit 2 - Expert Report of Dr. Matt Barreto, #3 Exhibit 3 - Expert Report of Dr. Traci Burch, #4 Exhibit 4 - Declaration of Rodney D. Pierce, #5 Exhibit 5 - Declaration of Moses Matthews) (Speas, Edwin) |
| Filing 16 MOTION for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Text of Proposed Order) (Speas, Edwin) |
| Filing 15 Waiver of Service Returned Executed filed by Moses Matthews, Rodney D. Pierce. Jeff Carmon III waiver sent on 11/20/2023, answer due 1/19/2024; Stacy Four Eggers IV waiver sent on 11/20/2023, answer due 1/19/2024; Alan Hirsch waiver sent on 11/20/2023, answer due 1/19/2024; Kevin N. Lewis waiver sent on 11/20/2023, answer due 1/19/2024; Siobhan O'Duffy Millen waiver sent on 11/20/2023, answer due 1/19/2024; The North Carolina State Board of Elections waiver sent on 11/20/2023, answer due 1/19/2024. (Speas, Edwin) |
| Filing 14 Summons Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Mann, Stephanie) |
| Filing 13 AMENDED COMPLAINT - FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Moses Matthews, Rodney D. Pierce. (Speas, Edwin) |
| Filing 12 RESPONSE in Opposition regarding #5 Emergency MOTION to Expedite - Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction filed by Philip E. Berger, Timothy K. Moore. (Strach, Phillip) |
| Filing 11 Notice of Appearance filed by Cassie Holt on behalf of Philip E. Berger, Timothy K. Moore. (Holt, Cassie) |
| Filing 10 Notice of Appearance filed by Alyssa Riggins on behalf of Philip E. Berger, Timothy K. Moore. (Riggins, Alyssa) |
| Filing 9 Notice of Appearance filed by Thomas A. Farr on behalf of Philip E. Berger, Timothy K. Moore. (Farr, Thomas) |
| Filing 8 Notice of Appearance filed by Phillip J. Strach on behalf of Philip E. Berger, Timothy K. Moore. (Strach, Phillip) |
| Filing 7 Proposed Order regarding #5 Emergency MOTION to Expedite - Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Speas, Edwin) |
| Filing 6 Memorandum in Support regarding #5 Emergency MOTION to Expedite - Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Speas, Edwin) |
| Filing 5 Emergency MOTION to Expedite - Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction filed by Moses Matthews, Rodney D. Pierce. (Speas, Edwin) |
| Filing 4 REQUEST FOR WAIVER of Service sent to (1) The North Carolina State Board of Elections, (2) Alan Hirsch, in his official capacity as Chair of the North Carolina State Board of Elections, (3) Jeff Carmon III in his official capacity as Secretary of the North Carolina State Board of Elections, (4) Stacy Four Eggers IV in his official capacity as a member of the North Carolina State Board of Elections, (5) Kevin N. Lewis in his official capacity as a member of the North Carolina State Board of Elections, (6) Siobhan O'Duffy Millen in her official capacity as a member of the North Carolina State Board of Elections, (7) Philip E. Berger in his official capacity as President Pro Tem of the North Carolina Senate, and (8) Timothy K. Moore in his official capacity as Speaker of the North Carolina House of Representatives, on 11/20/2023 by Moses Matthews, Rodney D. Pierce. Waiver of Service due by 12/20/2023. (Speas, Edwin) |
| Filing 3 Financial Disclosure Statement by Moses Matthews, Rodney D. Pierce (Speas, Edwin) |
| Filing 2 Notice of Appearance filed by Edwin M. Speas, Jr on behalf of All Plaintiffs. (Speas, Edwin) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 receipt number ANCEDC-7364767.), filed by Moses Matthews, Rodney D. Pierce. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons directed to the North Carolina State Board of Elections, #3 Proposed Summons directed to Alan Hirsch, in his official capacity as Chair of the North Carolina State Board of Elections, #4 Proposed Summons directed to Jeff Carmon III in his official capacity as Secretary of the North Carolina State Board of Elections, #5 Proposed Summons directed to Stacy Four Eggers IV in his official capacity as a member of the North Carolina State Board of Elections, #6 Proposed Summons directed to Kevin N. Lewis in his official capacity as a member of the North Carolina State Board of Elections, #7 Proposed Summons directed to Siobhan O'Duffy Millen in her official capacity as a member of the North Carolina State Board of Elections, #8 Proposed Summons directed to Philip E. Berger in his official capacity as President Pro Tem of the North Carolina Senate, #9 Proposed Summons directed to Timothy K. Moore in his official capacity as Speaker of the North Carolina House of Representatives) (Speas, Edwin) |
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