Wasserberg et al v. North Carolina State Board of Elections et al
| North Carolina Republican Party, Republican National Committee and Virginia Wasserberg |
| Karen Brinson Bell, North Carolina State Board of Elections, Jeff Carmon, Kevin N. Lewis, Alan Hirsch, Siobhan O'Duffy Millen and Stacy Eggers, IV |
| UNITED STATES OF AMERICA |
| North Carolina Alliance for Retired Americans |
| 5:2024cv00578 |
| October 9, 2024 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Robert T Numbers |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
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Filing 46
ORDER granting #44 Motion for Extension of Time to Conduct Rule 26(f) Meeting. Signed by U.S. Magistrate Judge Robert T. Numbers, II on 12/3/2024. (McNally, Kimberly)
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| TEXT ORDER granting the Motion for Extension of Time filed by Defendants and Intervenor-Defendant #45 . For good cause shown, these parties have up to and including December 11, 2024, within which to file a reply in support of the Motion to Dismiss #21 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/3/2024. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #45 Consent MOTION for Extension of Time to File Response as to #42 Memorandum in Opposition . (McNally, Kimberly) |
| Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #44 Joint MOTION for Extension of Time to Conduct Rule 26(f) Meeting. (McNally, Kimberly) |
| Filing 45 Consent MOTION for Extension of Time to File Response/Reply as to #42 Memorandum in Opposition filed by Karen Brinson Bell, North Carolina State Board of Elections, Alan Hirsch, Jeff Carmon, Kevin N. Lewis, Siobhan O'Duffy Millen, Stacy Eggers, IV. (Attachments: #1 Text of Proposed Order Proposed Order) (McHenry, Laura) |
| Filing 44 Joint MOTION for Extension of Time to Conduct Rule 26(f) Meeting filed by Virginia Wasserberg, North Carolina Republican Party, Republican National Committee. (Attachments: #1 Text of Proposed Order) (Hooper, Thomas) |
| Filing 43 Notice filed by UNITED STATES OF AMERICA Statement of Interest. (Berlin, Holly) |
| Filing 42 Memorandum in Opposition regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Wasserberg, North Carolina Republican Party, Republican National Committee. (Hooper, Thomas) |
| Filing 41 Notice filed by North Carolina Alliance for Retired Americans regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Notice of Joinder to Defendants' Motion to Dismiss. (Ghosh, Narendra) |
| TEXT ORDER granting Plaintiffs' Motion for Extension of Time #40 . For good cause shown, it is ordered that Plaintiffs have up to and including November 20, 2024, within which to respond to the Motion to Dismiss #21 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/5/2024. (Hockaday, A.) |
| Filing 40 MOTION for Extension of Time to File Response/Reply as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virginia Wasserberg, North Carolina Republican Party, Republican National Committee. (Attachments: #1 Text of Proposed Order) (Hooper, Thomas) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #40 MOTION for Extension of Time to File Response as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (McNally, Kimberly) |
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Filing 39
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 10/31/2024. (McNally, Kimberly)
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Filing 38
ORDER denying #16 Motion to Remand. Further, regarding standing, the court finds that the organizational Plaintiffs have made a "threshold showing" of standing. Signed by Chief U.S. District Judge Richard E. Myers II on 10/31/2024. (McNally, Kimberly)
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| Filing 37 Notice of Suggestion of Subsequently Controlling Decided Authority filed by Karen Brinson Bell, North Carolina State Board of Elections, Alan Hirsch, Jeff Carmon, Kevin N. Lewis, Siobhan O'Duffy Millen, Stacy Eggers, IV . (Attachments: #1 Republican Nat'l Cmte v NC State Bd of Elections) (McHenry, Laura) |
| Filing 36 RESPONSE regarding #33 Order to Show Cause filed by Karen Brinson Bell, North Carolina State Board of Elections, Alan Hirsch, Jeff Carmon, Kevin N. Lewis, Siobhan O'Duffy Millen, Stacy Eggers, IV. (McHenry, Laura) |
| Filing 35 RESPONSE regarding #33 Order to Show Cause filed by North Carolina Alliance for Retired Americans. (Nkwonta, Uzoma) |
| Filing 34 RESPONSE regarding #33 Order to Show Cause filed by Virginia Wasserberg, North Carolina Republican Party, Republican National Committee. (Hooper, Thomas) |
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Filing 33
ORDER TO SHOW CAUSE - Show Cause Response due by 10/30/2024. Signed by Chief Judge Richard E. Myers, II on 10/28/2024. (Collins, S)
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| Filing 32 Notice of Special Appearance for non-district by Richard A. Medina on behalf of North Carolina Alliance for Retired Americans. (Medina, Richard) |
| Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #16 MOTION to Remand. (McNally, Kimberly) |
| Filing 31 REPLY to Response to Motion regarding #16 MOTION to Remand filed by Virginia Wasserberg, North Carolina Republican Party, Republican National Committee. (Hooper, Thomas) |
| Filing 30 Memorandum in Opposition regarding #16 MOTION to Remand filed by Karen Brinson Bell, North Carolina State Board of Elections, Alan Hirsch, Jeff Carmon, Kevin N. Lewis, Siobhan O'Duffy Millen, Stacy Eggers, IV. (McHenry, Laura) |
| Filing 29 RESPONSE in Opposition regarding #16 MOTION to Remand filed by North Carolina Alliance for Retired Americans. (Ghosh, Narendra) |
| Filing 28 Notice of Special Appearance for non-district by Julie Zuckerbrod on behalf of North Carolina Alliance for Retired Americans. (Zuckerbrod, Julie) |
| Filing 27 Notice of Special Appearance for non-district by Justin Baxenberg on behalf of North Carolina Alliance for Retired Americans. (Baxenberg, Justin) |
| Filing 26 Notice of Special Appearance for non-district by Uzoma Nkem Nkwonta on behalf of North Carolina Alliance for Retired Americans. (Nkwonta, Uzoma) |
| Filing 25 Notice of Appearance filed by John Ellison Branch, III on behalf of All Plaintiffs. (Branch, John) |
| Filing 24 Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) |
| Filing 23 Financial Disclosure Statement by North Carolina Alliance for Retired Americans (Ghosh, Narendra) |
| Filing 22 Memorandum in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, North Carolina State Board of Elections. (McHenry, Laura) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, North Carolina State Board of Elections. (McHenry, Laura) |
| Filing 20 Notice of Appearance filed by Narendra K. Ghosh on behalf of North Carolina Alliance for Retired Americans. (Ghosh, Narendra) |
| TEXT ORDER: These matters come before the court on Plaintiffs' motion to remand [DE 16], Plaintiffs' motion to expedite consideration of the motion to remand [DE 18], and the North Carolina Alliance for Retired Americans' (the Alliance's) motion to intervene [DE 1-13]. The court GRANTS the Alliance permissive intervention pursuant to Rule 24(b) of the Federal Rules of Civil Procedure. The court further finds good cause to GRANT Plaintiffs' motion to expedite. See Dietz v. Bouldin, 579 U.S. 40, 47 (2016). Defendants and the Alliance shall file any response in opposition to the motion to remand on or before October 21, 2024. Plaintiffs shall file any reply on or before October 25, 2024. After receipt of written submissions, the court will promptly set this matter for hearing if the court deems one necessary. Entered by Chief U.S. District Judge Richard E. Myers II on 10/16/2024. (Copy of order mailed to Narendra K. Ghosh, Patterson Harkavy LLP, 100 Europa Drive, Suite 420, Chapel Hill, NC 27217,) (McNally, Kimberly) |
| Filing 19 Memorandum in Support regarding #18 MOTION to Expedite Briefing Schedule for and Consideration of Plaintiffs' Motion to Remand filed by North Carolina Republican Party, Republican National Committee, Virginia Wasserberg. (Hooper, Thomas) |
| Filing 18 MOTION to Expedite Briefing Schedule for and Consideration of Plaintiffs' Motion to Remand filed by North Carolina Republican Party, Republican National Committee, Virginia Wasserberg. (Attachments: #1 Text of Proposed Order) (Hooper, Thomas) |
| Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #18 MOTION to Expedite Briefing Schedule for and Consideration of Plaintiffs' Motion to Remand. (McNally, Kimberly) |
| Filing 17 Memorandum in Support regarding #16 MOTION to Remand filed by North Carolina Republican Party, Republican National Committee, Virginia Wasserberg. (Hooper, Thomas) |
| Filing 16 MOTION to Remand filed by North Carolina Republican Party, Republican National Committee, Virginia Wasserberg. (Hooper, Thomas) |
| Filing 15 Financial Disclosure Statement by Republican National Committee (Hooper, Thomas) |
| Filing 14 Financial Disclosure Statement by North Carolina Republican Party (Hooper, Thomas) |
| Filing 13 Financial Disclosure Statement by Virginia Wasserberg (Hooper, Thomas) |
| Filing 12 Notice of Appearance filed by Thomas G. Hooper on behalf of All Plaintiffs. (Hooper, Thomas) |
| Filing 11 Notice filed by Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, North Carolina State Board of Elections State Court Notice of Filing. (McHenry, Laura) |
| Filing 10 Financial Disclosure Statement by North Carolina State Board of Elections (McHenry, Laura) |
| Filing 9 Financial Disclosure Statement by Siobhan O'Duffy Millen (McHenry, Laura) |
| Filing 8 Financial Disclosure Statement by Kevin N. Lewis (McHenry, Laura) |
| Filing 7 Financial Disclosure Statement by Alan Hirsch (McHenry, Laura) |
| Filing 6 Financial Disclosure Statement by Stacy Eggers, IV (McHenry, Laura) |
| Filing 5 Financial Disclosure Statement by Jeff Carmon (McHenry, Laura) |
| Filing 4 Financial Disclosure Statement by Karen Brinson Bell (McHenry, Laura) |
| Filing 3 Notice of Appearance filed by Laura McHenry on behalf of Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, North Carolina State Board of Elections. (McHenry, Laura) |
| Filing 2 Notice of Appearance filed by Mary Carla Babb on behalf of Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Alan Hirsch, Kevin N. Lewis, Siobhan O'Duffy Millen, North Carolina State Board of Elections. (Babb, Mary) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Wake County Superior Court, case number 24cv27855-910. ( Filing fee $ 405 receipt number ANCEDC-7805879), filed by All Defendants. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet and Supplemental Removal Cover Sheet, #2 Index Index of Exhibits, #3 Exhibit Exhibit A Complaint, #4 Exhibit Exhibit B Exhibits to Complaint, #5 Exhibit Exhibit C Civil Action Cover Sheet, #6 Exhibit Exhibit D Summons for NCSBE and Hirsch, #7 Exhibit Exhibit E Summons for Carmon and Lewis, #8 Exhibit Exhibit F Summons for Millen and Eggers, #9 Exhibit Exhibit G Summons for Bell, #10 Exhibit Exhibit H Acceptance of Service, #11 Exhibit Exhibit I Notice of Appearance Babb, #12 Exhibit Exhibit J Notice of Appearance McHenry, #13 Exhibit Exhibit K NCARA Motion to Intervene) (McHenry, Laura) |
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