Raleigh Wake Citizens Association et al v. Barefoot et al
| Raleigh Wake Citizens Association, Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble and Perry Woods |
| Chad Barefoot, Philip E. Berger, Tim Moore and Wake County Board of Elections |
| 5:2015cv00156 |
| April 9, 2015 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Terrence W. Boyle |
| Civil Rights: Voting |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
126
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
114
ORDER denying 108 Motion to Intervene as untimely; denying 109 Motion to Expedite relief under the court's order of August 9, 2016. Signed by Chief Judge James C. Dever III on 8/25/2016. (Briggeman, N.)
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Filing
65
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 Ca rolina 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 Board 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, and Tim 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
46
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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