Wise et al v. North Carolina State Board of Election et al
| Republican National Committee, Patsy J. Wise, North Carolina Republican Party, National Republican Senatorial Committee, Regis Clifford, Samuel Grayson Baum, Camille Annette Bambini, U.S. Congressman Gregory F. Murphy, National Republican Congressional Committee, Donald J. Trump for President Inc. and U.S. Congressman Daniel Bishop |
| Karen Brinson Bell, Jeff Carmon, Stella Anderson, North Carolina State Board of Elections and Damon Circosta |
| Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Becky Johnson, Caren Rabinowitz, Sandra Malone, North Carolina Alliance for Retired Americans and Barker Fowler |
| 5:2020cv00505 |
| September 26, 2020 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Richard E Myers |
| Civil Rights: Voting |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Case transferred to Middle District of North Carolina. File transmitted electronically. (Stouch, L.) |
| Remark - Case opened in North Carolina Middle District as case 1:20-cv-192, filed 10/5/2020. (Stouch, L.) |
| Filing 26 OFFICIAL TRANSCRIPT of Proceedings held on October 2, 2020, before Judge James C. Dever III. Court Reporter/Transcriber Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (Condon, A.) |
Filing 25
ORDER granting #3 Motion for Temporary Restraining Order and transferring case to the Honorable William L. Osteen, Jr., USDC, MDNC.Signed by District Judge James C. Dever III on 10/3/2020. (Hayes, Lyndsay)
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| NOTICE of Filing of Official Transcript #26 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) |
| Filing 27 Minute Entry for proceedings held in Raleigh, NC before District Judge James C. Dever, III: Hearing held on 10/2/2020. Counsel present by videoconference. Oral argument held. Written order to follow. (Court Reporter Amy Condon) (Stouch, L.) |
| Filing 24 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections Notice of Filing of State Court Consent Judgment. (Attachments: #1 Exhibit Consent Judgment Entered in Wake County 20-CVS-8881) (Peters, Alexander) |
| Filing 23 Notice of Appearance filed by Narendra K. Ghosh on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Ghosh, Narendra) |
| Filing 22 Memorandum in Support regarding #21 MOTION to Intervene as Defendants filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: #1 Exhibit 1-Joint Motion) (Nkwonta, Uzoma) |
| Filing 21 MOTION to Intervene as Defendants filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: #1 Exhibit 1-Proposed Answer, #2 Exhibit 2-Proposed Order) (Nkwonta, Uzoma) |
| Filing 20 Notice of Special Appearance for non-district by Sarah G. Boyce on behalf of All Defendants. (Boyce, Sarah) |
| Filing 19 Notice of Special Appearance for non-district by Uzoma N. Nkwonta on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Nkwonta, Uzoma) |
| Filing 18 Notice of Special Appearance for non-district by Marc E. Elias on behalf of North Carolina Alliance for Retired Americans, Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, Caren Rabinowitz. (Elias, Marc) |
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Filing 17
Order Setting Hearings - Hearing set for 10/2/2020 at 05:00 PM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever, III on 10/2/2020. (Stouch, L.)
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| Filing 16 Notice of Special Appearance for non-district by Matthew M. Leland on behalf of All Plaintiffs. (Leland, Matthew) |
| Filing 15 Notice of Special Appearance for non-district by Bobby R. Burchfield on behalf of All Plaintiffs. (Burchfield, Bobby) |
| Filing 14 Memorandum in Opposition regarding #6 MOTION to Transfer Case filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Tobin, R.) |
| Filing 13 RESPONSE regarding #10 Notice - other filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Attachments: #1 Exhibit 1 - Original Numbered Memo 2020-19, #2 Exhibit 2 - Numbered Memo 2020-19 Redline) (Tobin, R.) |
| Motion No Longer Submitted to District Judge Richard E. Myers II: regarding #3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.) |
| TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 5:20-CV-505-D. Signed by Peter A. Moore, Jr., Clerk of Court on 9/29/2020. (Hockaday, A.) |
| Filing 12 Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) |
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Filing 11
ORDER: The court has determined that expedited resolution of Defendants' motion to transfer venue [DE-6] is in the interest of justice. Plaintiffs are accordingly ORDERED to respond to Defendants' motion on or beforeSeptember 30, 2020, and Defendants are ORDERED file a reply to Plaintiffs' response on or before October 1, 2020. Signed by District Judge Richard E. Myers II on 9/28/2020. (Waddell, K.)
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| Filing 10 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections of Filing. (Attachments: #1 Exhibit 1 Notice of Filing in Democracy NC v. NCSBE) (Peters, Alexander) |
| Filing 9 Summons Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 8 Notice of Related Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, 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, NORTH CAROLINA STATE BOARD OF ELECTIONS . (Peters, Alexander) |
| Filing 7 Memorandum in Support regarding #6 MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, 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, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Exhibit 1 Letter to Elaine Marshall) (Peters, Alexander) |
| Filing 6 MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, 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, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Peters, Alexander) |
| Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.) |
| REMINDER TO COUNSEL regarding docket entries #1 and #4 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Motion Submitted to District Judge Richard E. Myers II regarding #3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.) |
| 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. (Waddell, K.) |
| Notice to Counsel regarding: #3 Motion for TRO. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Filing 5 Notice of Appearance filed by Alexander McClure Peters on behalf of All Defendants. (Peters, Alexander) |
| Filing 4 Memorandum in Support regarding #3 Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: #1 Leland Declaration, #2 Exhibit 1 - Chambers Order, #3 Exhibit 2 - Alliance Consent Judgment, #4 Exhibit 3 - Elias Tweet, #5 Exhibit 4 - Elias On the Docket Newsletter, #6 Exhibit 5 - Consent Judgment WVA League of Women Voters, #7 Exhibit 6- Consent Decree MN LaRose v. Simon, #8 Exhibit 7 - Settlement Agreement AZ Voto Latino, #9 Exhibit 8 - Compromise Settlement Agreement GA Dem Party of GA, #10 Exhibit 9 - Carter Baker Report, #11 Exhibit 10 - Morley Redlines Article, #12 Exhibit 11 - Jordan Wilkie Article, #13 Exhibit 12 - NC BOE Letter March 26, 2020, #14 Exhibit 13 - NC BOE Order, #15 Exhibit 14 - HB 1169 Voting Record, #16 Exhibit 15 - Dore Declaration, #17 Exhibit 16 - White Declaration, #18 Exhibit 17 - Dollar Declaration, #19 Exhibit 18 - Clark Declaration, #20 Exhibit 19 - Holder TIME Article, #21 Exhibit 20 - Numbered Memo 2020-19 Original, #22 Exhibit 21 - Wash. Post NC Ballots, #23 Exhibit 22 - BOE Absentee Data, #24 Exhibit 23 - Numbered Memo 2020-19 Revised, #25 Exhibit 24 - Numbered Memo 2020-22, #26 Exhibit 25 - Numbered Memo 2020-23, #27 Exhibit 26 - Mayer Deposition Transcript, #28 Exhibit 27 - Plunkett Affidavit, #29 Exhibit 28 - NC BOE Letter April 22, 2020, #30 Exhibit 29 - Kaufman CNN Article, #31 Exhibit 30 - Summa Declaration, #32 Exhibit 31 - Lockerbie Affidavit) (Tobin, R.) |
| Filing 3 Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: #1 Text of Proposed Order) (Tobin, R.) |
| Filing 2 Financial Disclosure Statement by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE (Tobin, R.) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number 0417-5641615.), filed by DANIEL BISHOP, SAMUEL GRAYSON BAUM, REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REGIS CLIFFORD, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, PATSY J. WISE, DONALD J. TRUMP FOR PRESIDENT INC., NORTH CAROLINA REPUBLICAN PARTY, CAMILLE ANNETTE BAMBINI, GREGORY F. MURPHY. (Attachments: #1 Exhibit 1- Plaintiffs' and Defendants' joint motion for entry of consent from state court case, #2 Exhibit 2- NC State Board of Election Memo 2020-19, #3 Exhibit 3- NC State Board of Elections Memo 2020-22, #4 Exhibit 4- NC State Board of Elections Memo 2020-23, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons) (Tobin, R.) Modified on 9/28/2020 to describe exhibits. (Rudd, D.) |
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