Taliaferro et al v. North Carolina State Board of Elections et al
| KENDALL GIBBS, NORTH CAROLINA COUNCIL OF THE BLIND, INC., KENNETH DURDEN, RICKY SCOTT, GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC., DISABILITY RIGHTS NC and HELEN JO TALIAFERRO |
| NORTH CAROLINA STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC STATE BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, DAVID C. BLACK, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, KEN RAYMOND, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, David C. Black, Jeff Carmon, III, Karen Brinson Bell, Ken Raymond, Stella Anderson and Damon Circosta |
| 5:2020cv00411 |
| July 27, 2020 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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Filing 41
ORDER granting #26 Motion for Preliminary Injunction. Defendants are hereby ORDERED to open the Democracy Live portal to plaintiffs and other blind voters as expeditiously as possible so that it may be utilized for the November 3, 2020 election. The bond requirement is WAIVED. Signed by Chief Judge Terrence W. Boyle on 9/24/2020. (Stouch, L.)
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| Filing 40 Minute Entry for proceedings held in Raleigh, NC before Chief Judge Terrence W. Boyle: Motion Hearing held on 9/23/2020 regarding #26 MOTION for Preliminary Injunction. All parties present and ready to proceed. Oral argument held. A written order will follow. (Court Reporter Michelle McGirr) (Stouch, L.) |
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Filing 39
ORDER granting #34 Motion for Extension of Time to Answer regarding #1 Complaint. Defendants shall answer or otherwise respond to the Complaint no later than 21 October 2020. Signed by Chief Judge Terrence W. Boyle on 9/22/2020. (Stouch, L.)
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| Motion Submitted to Chief Judge Terrence W. Boyle regarding #34 Second MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.) |
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Filing 38
ORDER regarding Motion Hearing scheduled for Wednesday, September 23 and allowing #35 Request for Courtroom Technology Exception. All counsel who can attend the hearing without difficulty should do so, while any others may appear by video or teleconference. Any party or witness who cannot attend in person without difficulty may also participate by video or teleconference. The parties are directed to contact the Clerk's Office to make arrangements for any video or teleconference appearance. Signed by Chief Judge Terrence W. Boyle on 9/21/2020. (Stouch, L.)
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| Filing 37 NOTICE of Hearing on Motion #26 MOTION for Preliminary Injunction: Motion Hearing set for 9/23/2020 at 01:30 PM in Raleigh - 7th Floor - Courtroom 2 before Chief Judge Terrence W. Boyle. The hearing will be conducted in person and videoconference appearances will be permitted. Contact the Clerks Office for instructions if counsel needs to appear via videoconference. (Stouch, L.) |
| Filing 36 Notice filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro regarding #26 MOTION for Preliminary Injunction Regarding Request for Expedited Hearing. (Seaborn, Stuart) |
| Filing 35 Request for Courtroom Technology Exception filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) |
| Filing 34 Second MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: #1 Text of Proposed Order) (Peters, Alexander) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #34 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, #26 MOTION for Preliminary Injunction. (Stouch, L.) |
| Filing 33 REPLY to Response to Motion regarding #26 MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: #1 Index of Exhibits, #2 Affidavit of Dr. Ted Selker, #3 Exhibit A to Selker Declaration - UOCAVA Voter Registration and Absentee Ballot Request Screengrab, Exhibit B to Selker Declaration - Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 230-3), Exhibit C - Photograph of Discarded Ballots, Exhibit D: Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 351-1), #4 Affidavit of Rosa Lee Bichell, #5 Exhibit A to Declaration of Rosa Lee Bichell - Drenth v. Boockvar Motion to Supplement the Record, #6 Exhibit B to Declaration of Rosa Lee Bichell - Gary v. Virginia Department of Elections Partial Consent Judgment and Decree, #7 Affidavit of Valerie Yingling, #8 Exhibit A to Declaration of Valerie Yingling - Letter Sent by NFB to North Carolina Secretary of State) (Bichell, Rosa Lee) |
| Filing 32 Memorandum in Opposition regarding #26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: #1 Exhibit Bell Declaration, #2 Exhibit Macias Declaration) (Peters, Alexander) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to File Response regarding #26 MOTION for Preliminary Injunction. Response due by 9/8/2020. Signed by Chief Judge Terrence W. Boyle on 9/2/2020. (Stouch, L.)
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| Filing 30 First MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: #1 Text of Proposed Order) (Peters, Alexander) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #30 First MOTION for Extension of Time to File Response as to #26 MOTION for Preliminary Injunction. (Stouch, L.) |
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer regarding #1 Complaint. The State defendants shall answer or otherwise respond to the Complaint no later than 21 September 2020. Signed by Chief Judge Terrence W. Boyle on 8/20/2020. (Stouch, L.)
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| Motion Submitted to Chief Judge Terrence W. Boyle regarding #28 First MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.) |
| Filing 28 First MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: #1 Text of Proposed Order) (Peters, Alexander) |
| REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Filing 27 Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: #1 Index of Exhibits, #2 Affidavit of Helen Jo Taliaferro, #3 Affidavit of Kenneth Durden, #4 Affidavit of Kendall Gibbs, #5 Affidavit of Ricky Scott, #6 Affidavit of Christopher Bell, #7 Affidavit of Fred McEachern, #8 Affidavit of Lou Ann Blake, #9 Affidavit of Brian Keller, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D) (Bichell, Rosa Lee) |
| Filing 26 MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) |
| Filing 25 **Disregard: Counsel refiled corrected version at DE #27 ** Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: #1 Affidavit of Helen Jo Taliaferro, #2 Affidavit of Kenneth Durden, #3 Affidavit of Kendall Gibbs, #4 Affidavit of Ricky Scott, #5 Affidavit of Christopher Bell, #6 Affidavit of Fred McEachern, #7 Affidavit of Lou Ann Blake, #8 Affidavit of Brian Keller, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D) (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). |
| Filing 24 **Disregard: Counsel refiled corrected version at DE #26 ** MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). |
| Filing 23 Financial Disclosure Statement by Ken Raymond (Peters, Alexander) |
| Filing 22 Financial Disclosure Statement by North Carolina State Board of Elections (Peters, Alexander) |
| Filing 21 Financial Disclosure Statement by Damon Circosta (Peters, Alexander) |
| Filing 20 Financial Disclosure Statement by Jeff Carmon, III (Peters, Alexander) |
| Filing 19 Financial Disclosure Statement by David C. Black (Peters, Alexander) |
| Filing 18 Financial Disclosure Statement by Karen Brinson Bell (Peters, Alexander) |
| Filing 17 Financial Disclosure Statement by Stella Anderson (Peters, Alexander) |
| Filing 16 Notice of Appearance filed by Alexander McClure Peters on behalf of Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Peters, Alexander) |
| Filing 15 Notice of Special Appearance for non-district by Christina L. Brandt-Young on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) |
| Filing 14 Notice of Special Appearance for non-district by Rosa Lee V. Bichell on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) |
| Filing 13 Notice of Special Appearance for non-district by Stuart J. Seaborn on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Seaborn, Stuart) |
| Filing 12 Affidavit of Service for Summonses and Complaint, Civil Cover Sheet, Disclosure of Corporate Affiliations for all Plaintiffs, and Notices of Appearance (Stiles, Grafstein) filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro served on NORTH CAROLINA STATE BOARD OF ELECTIONS, KAREN BRINSON BELL, in her official capacity as Executive Director of the NCSBOE, DAMON CIRCOSTA, in his official capacity as Chair of the NCSBOE, STELLA ANDERSON, in her official capacity as Secretary of the NCSBOE, KEN RAYMOND, in his official capacity as Member of the NCSBOE, JEFF CARMON III, in his official capacity as Member of the NCSBOE, and DAVID C. BLACK, in his official capacity as Member of the NCSBOE on July 31, 2020. (Attachments: #1 ACCEPTANCE OF SERVICE) (Stiles, Holly) |
| Filing 11 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.*) (Stouch, L.) |
| Filing 10 Notice of Appearance filed by Lisa Grafstein on behalf of All Plaintiffs. (Grafstein, Lisa) |
| Filing 9 Financial Disclosure Statement by DISABILITY RIGHTS NC (Stiles, Holly) |
| Filing 8 Financial Disclosure Statement by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC. (Stiles, Holly) |
| Filing 7 Financial Disclosure Statement by NORTH CAROLINA COUNCIL OF THE BLIND, INC. (Stiles, Holly) |
| Filing 6 Financial Disclosure Statement by KENDALL GIBBS (Stiles, Holly) |
| Filing 5 Financial Disclosure Statement by RICKY SCOTT (Stiles, Holly) |
| Filing 4 Financial Disclosure Statement by KENNETH DURDEN (Stiles, Holly) |
| Filing 3 Financial Disclosure Statement by HELEN JO TALIAFERRO (Stiles, Holly) |
| Filing 2 Notice of Appearance filed by Holly Anne Stiles on behalf of All Plaintiffs. (Stiles, Holly) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5536977.), filed by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC., KENDALL GIBBS, DISABILITY RIGHTS NC, KENNETH DURDEN, RICKY SCOTT, HELEN JO TALIAFERRO, NORTH CAROLINA COUNCIL OF THE BLIND, INC.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons) (Stiles, Holly) |
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