Poindexter et al v. Strach
Plaintiff: Constitution Party of North Carolina, Gregory Holt, Jerry Jones and James Allen Poindexter
Defendant: Kim Westbrook Strach
Case Number: 5:2018cv00366
Filed: July 20, 2018
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: BEAUFORT
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Civil Rights: Voting
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2018 Filing 26 STATUS REPORT by Kim Westbrook Strach (Bernier, James)
August 28, 2018 Opinion or Order Filing 25 ORDER granting #23 Motion for Extension of Time to Answer. Kim Westbrook Strach answer due 10/1/2018. Signed by District Judge Louise Wood Flanagan on 8/28/2018. (Collins, S.)
August 28, 2018 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Motion Hearing held on 8/28/2018 regarding #23 MOTION for Extension of Time to File Answer. Counsel present for all parties. Court addresses concerns with request - Court hears from counsel - Motion allowed - Written order to follow. (Court Reporter Tracy McGurk) (Collins, S.)
August 27, 2018 Filing 24 Affidavit of Service for Complaint and Summons Second filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter served on Defendant Strach on August 3, 2018. (Attachments: #1 Exhibit Ex A Return Receipt) (Henkle, S. Mark)
August 23, 2018 Motion Submitted to District Judge Louise Wood Flanagan regarding #23 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.)
August 23, 2018 Set Hearing as to #23 MOTION for Extension of Time to File Answer regarding #1 Complaint. Telephonic Motion Hearing set for 8/28/2018 at 12:00 PM before District Judge Louise Wood Flanagan. (Counsel will receive via email dial-in instructions to attend this hearing.) (Collins, S.)
August 22, 2018 Filing 23 MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by Kim Westbrook Strach. (Attachments: #1 Text of Proposed Order Proposed Order) (Bernier, James)
August 22, 2018 Opinion or Order Filing 22 ORDER - Plaintiffs' motion for preliminary injunction is GRANTED. #10 Defendant is ENJOINED during the pendency of this litigation from enforcing S.L. 2018-30 against plaintiffs or otherwise issuing or causing any applicable county Board of Elections to issue any official state publication to the voting public which does not have plaintiffs Poindexter, Jones, and Holt listed on the ballot. Given the court's holding, plaintiff's motion for temporary restraining order is DENIED AS MOOT. #20 . Signed by District Judge Louise Wood Flanagan on 8/22/2018. (Collins, S.)
August 16, 2018 Filing 21 Memorandum in Support regarding #20 MOTION for Temporary Restraining Order filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark)
August 16, 2018 Filing 20 MOTION for Temporary Restraining Order filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark)
August 15, 2018 Filing 19 REPLY to Response to Motion regarding #10 MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark)
August 14, 2018 Filing 18 RESPONSE in Opposition regarding #10 MOTION for Preliminary Injunction filed by Kim Westbrook Strach. (Majmundar, Amar)
August 14, 2018 Motion Submitted to District Judge Louise Wood Flanagan regarding #10 MOTION for Preliminary Injunction. (Collins, S.)
August 13, 2018 Filing 17 STATUS REPORT by Kim Westbrook Strach (Attachments: #1 Exhibit A - Order 18 CVS 9749, #2 Exhibit B - Order 18 CVS 9748) (Vysotskaya De Brito, Olga)
August 9, 2018 Filing 16 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Rule 16 Status Conference held on 8/9/2018. Counsel present for all parties. ORAL ORDER - The court grants plaintiff's motion to expedite and sets defendants response deadline to plaintiff's motion for preliminary injunction for close of business on Tuesday, 8/14/18. (Court Reporter Tracy McGurk) (Collins, S.)
August 9, 2018 Filing 15 MOTION to Expedite #10 Motion for Preliminary Injunction and Request for Hearing filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark) Modified on 8/9/2018 to create docket entry relationship to #10 and revise docket text. (Collins, S.).
August 9, 2018 Filing 14 Notice of Appearance filed by Elizabeth A. Martineau on behalf of All Plaintiffs. (Martineau, Elizabeth)
August 9, 2018 Opinion or Order ORAL ORDER granting #15 Motion to Expedite. Entered by District Judge Louise Wood Flanagan on 8/9/2018. (Collins, S.)
August 9, 2018 ****Set Hearing: Telephonic Status Conference set for 8/9/2018 at 3:30 PM before District Judge Louise Wood Flanagan. The parties will receive via email from case manager dial-in instructions to attend this conference. (Collins, S.)
August 8, 2018 Filing 13 Notice of Appearance filed by Amar Majmundar on behalf of All Defendants. (Majmundar, Amar)
August 8, 2018 Filing 12 Notice of Appearance filed by Olga E. Vysotskaya De Brito on behalf of All Defendants. (Vysotskaya De Brito, Olga)
August 7, 2018 Filing 11 Memorandum in Support regarding #10 MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark)
August 7, 2018 Filing 10 MOTION for Preliminary Injunction filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter. (Henkle, S. Mark)
August 7, 2018 Filing 9 Affidavit of Service for Complaint and Summons filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter served on Defendant Strach on August 2, 2018. (Attachments: #1 Ex A Return Receipt) (Henkle, S. Mark)
August 2, 2018 Filing 8 Certificate of Service filed by Kim Westbrook Strach regarding #7 Financial Disclosure Statement . (Bernier, James)
August 2, 2018 Notice to Counsel regarding: #6 Notice of Appearance. The address information in the signature block for Mr. Bernier on this document does not match the information the court has in its CM/ECF database. Counsel should email the updated law firm information to the clerk's office at NCED-Attorney-Update@nced.uscourts.gov. Once updated, the new contact information will be reflected on the docket of all cases in which counsel entered an appearance. (Collins, S.)
August 2, 2018 NOTICE OF DEFICIENCY regarding #7 Financial Disclosure Statement. Fed.R.Civ.P. 5(d)(1) requires a certificate of service. Counsel is directed to file a captioned document titled Certificate of Service using the Certificate of Service event located under the Service of Process category, and linking the appropriate document when prompted. (Collins, S.)
August 1, 2018 Filing 7 Financial Disclosure Statement by Kim Westbrook Strach (Bernier, James)
August 1, 2018 Filing 6 Notice of Appearance filed by James Bernier, Jr on behalf of Kim Westbrook Strach. (Bernier, James)
July 23, 2018 Filing 5 Summons Issued as to Kim Westbrook Strach. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.)
July 23, 2018 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)
July 20, 2018 Filing 4 Notice filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter SUMMONS to be Executed by Clerk's Office. (Henkle, S. Mark)
July 20, 2018 Filing 3 Notice filed by Constitution Party of North Carolina, Gregory Holt, Jerry Jones, James Allen Poindexter regarding #1 Complaint, CIVIL COVER SHEET. (Henkle, S. Mark)
July 20, 2018 Filing 2 Notice of Appearance filed by S. Mark Henkle on behalf of All Plaintiffs. (Henkle, S. Mark)
July 20, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4588627.), filed by James Allen Poindexter, Constitution Party of North Carolina, Gregory Holt, Jerry R Jones. (Attachments: #1 Verification, #2 Verification, #3 Verification, #4 Verification) (Henkle, S. Mark)
July 20, 2018 Notice to Counsel. Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.)
July 20, 2018 NOTICE OF DEFICIENCY regarding #1 Complaint. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file the Cover Sheet using the event "Notice-Other" as soon as possible. (Collins, S.)
July 20, 2018 NOTICE OF DEFICIENCY regarding [1-4] Verification. The document image is askew. Counsel is directed to refile using the event Notice-Other. (Collins, S.)
July 20, 2018 Notice to Counsel. No summons was provided to be issued. (Collins, S.)

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Plaintiff: Constitution Party of North Carolina
Represented By: S. Mark Henkle
Represented By: Elizabeth A. Martineau
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Plaintiff: Gregory Holt
Represented By: S. Mark Henkle
Represented By: Elizabeth A. Martineau
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Plaintiff: Jerry Jones
Represented By: S. Mark Henkle
Represented By: Elizabeth A. Martineau
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Plaintiff: James Allen Poindexter
Represented By: S. Mark Henkle
Represented By: Elizabeth A. Martineau
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Defendant: Kim Westbrook Strach
Represented By: James Bernier, Jr
Represented By: Amar Majmundar
Represented By: Olga E. Vysotskaya De Brito
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