NORTH CAROLINA STATE CONFERENCE OF THE NAACP et al v. COOPER et al
| WINSTON SALEM - FORSYTH COUNTY NAACP, CHAPEL HILL - CARRBORO NAACP, MOORE COUNTY NAACP, HIGH POINT NAACP, GREENSBORO NAACP, STOKES COUNTY BRANCH OF THE NAACP and NORTH CAROLINA STATE CONFERENCE OF THE NAACP |
| KEN RAYMOND, STELLA ANDERSON, JAY HEMPHILL, ROY A. COOPER, III, VALERIE JOHNSON, JOSHUA MALCOM, STACY EGGERS, IV, JOHN LEWIS, ROBERT CORDLE, DAMON CIRCOSTA, JEFFERSON CARMON and DAVID C BLACK |
| Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives and Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate |
| 1:2018cv01034 |
| December 20, 2018 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
AFFIDAVIT OF SERVICE as to STELLA ANDERSON served on 2/4/2019, answer due 2/28/2019; DAVID C BLACK served on 2/4/2019, answer due 2/28/2019; JEFFERSON CARMON served on 2/4/2019, answer due 2/28/2019; ROBERT CORDLE served on 2/4/2019, answer due 2/28/2019; KEN RAYMOND served on 2/4/2019, answer due 2/28/2019. (COOPER, JAMES)
|
|
Filing 36
RESPONSE filed by Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND re #7 MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. Replies due by 2/28/2019 (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 35
MOTION for Extension of Time to File Answer re #1 Complaint, by STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND. (Attachments: #1 Text of Proposed Order)(VYSOTSKAYA DE BRITO, OLGA)
|
|
Motion Referred: RE: #35 MOTION for Extension of Time to File Answer re #1 Complaint, , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)
|
|
TEXT ORDER granting #35 Consent Motion for Extension of Time. Defendants Robert B. Cordle, Stella E. Anderson, David C. Black, Ken Raymond, and Jefferson Carmon III shall answer or otherwise respond to #1 Complaint by 02/28/2019. In addition, Defendants Cordle, Anderson, Black, Raymond, and Carmon shall file any response to #7 Motion to Intervene by 02/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/13/2019. (AULD, L.)
|
|
Filing 34
RESPONSE filed by Defendant ROY A. COOPER, III re #7 MOTION to Intervene filed by Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate filed by ROY A. COOPER, III. Replies due by 2/26/2019 (BRENNAN, STEPHANIE)
|
|
Filing 33
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant JEFFERSON CARMON (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 32
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant KEN RAYMOND (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 31
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant DAVID C BLACK (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 30
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant STELLA ANDERSON (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 29
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ROBERT CORDLE (VYSOTSKAYA DE BRITO, OLGA)
|
|
Filing 28
NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendants STELLA ANDERSON, DAVID C BLACK, JEFFERSON CARMON, ROBERT CORDLE, KEN RAYMOND (MAJMUNDAR, AMAR)
|
|
Filing 27
NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants STELLA ANDERSON, ROBERT CORDLE, KEN RAYMOND, JEFFERSON CARMON, DAVID C BLACK (VYSOTSKAYA DE BRITO, OLGA)
|
|
TEXT ORDER granting in part and denying in part #24 Joint Motion for Extension of Time. In #24 Joint Motion, Plaintiffs and Defendant Roy Asberry Cooper III seek extensions of their deadlines to respond to #7 Motion to Intervene filed by Philip E. Berger and Timothy K. Moore, until "21 days after the deadline for Defendant Cooper's Answer or other responsive pleadings." As grounds for this requested extension, #24 Joint Motion offers only the following conclusory statement: "Plaintiffs and Defendant Cooper submit that judicial economy will be served if responses to the Motion to Intervene are delayed until after Defendants have filed an Answer or other responsive pleading." In #25 Opposition, Proposed Intervenors Berger and Moore opposed #24 Joint Motion and (in addition to offering reasons why they fear delaying the completion of briefing and, therefore, the resolution of #7 Motion to Intervene could prejudice their interests by depriving them of the opportunity to participate in litigation regarding temporary or preliminary injunctive relief that may occur before resolution of #7 Motion to Intervene) pointed out that #24 Joint Motion "provided no explanation of why an extension of time to respond to the intervention motion is necessary." In #26 Reply, Plaintiffs and Defendant Cooper did not provide the missing explanation or otherwise develop their conclusory invocation of judicial economy, except to state that, "[u]ntil named Defendants have an opportunity to respond to the Complaint, the Court has no means to assess the arguments raised in the Motion to Intervene." Federal Rule of Civil Procedure 6(b)(1) restricts the discretion of the Court to extend unexpired deadlines to situations in which "good cause" exists. On their face, neither #24 Joint Motion nor #26 Reply set forth sufficient information for the Court to find good cause for any extension of time, much less the requested extension of more than six weeks. However, because (under Rule 6(b)(1)) the Court may find "good cause" for extensions of unexpired deadlines "with or without motion," the Court has chosen to look beyond #24 Joint Motion and #26 Reply and to examine #8 Memorandum in support of #7 Motion to Intervene in an attempt to understand how the absence of a responsive pleading by Defendant Cooper reasonably might raise "judicial economy" concerns that would warrant delaying the time for Plaintiffs and Defendant Cooper to respond to #7 Motion to Intervene. That review suggests that the content of Defendant Cooper's responsive pleading may bear on one element of #7 Motion to Intervene, i.e. the argument (developed on pages 11-21 of #8 Memorandum) that Defendant Cooper will not adequately protect the legitimate interests of Proposed Intervenors Berger and Moore. For example, if Defendant Cooper elects to file an Answer that materially differs from [7-1] Proposed Answer of Proposed Intervenors Berger and Moore, that fact reasonably could bear on the analysis of whether Defendant Cooper adequately will protect the legitimate interest of Proposed Intervenors Berger and Moore. Defendant Cooper, however, does not need to wait until he actually files his responsive pleading to know if it will materially differ from [7-1] Proposed Answer (or, for that matter, if he disagrees with other arguments raised in pages 11-21 of #8 Memorandum). Plaintiffs, on the other hand, may need more information about how Defendant Cooper intends to proceed in defending (or not) against #1 Complaint, in order to adequately address issues raised in pages 11-21 of #8 Memorandum. Again, however, it is not clear that Plaintiffs must await the filing of a responsive pleading from Defendant Cooper to adequately address such matters. To the contrary, it appears that briefly extending and staggering the deadlines for Defendant Cooper and Plaintiffs to respond to #7 Motion to Intervene reasonably could resolve that problem, while also limiting the potential prejudice to Proposed Intervenors that an extended delay in briefing on #7 Motion to Intervene might create. Accordingly, Defendant Cooper shall file any response to #7 Motion to Intervene by 02/12/2019, and Plaintiffs shall file any response to #7 Motion to Intervene by 02/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/04/2019. (AULD, L.)
|
|
Filing 26
REPLY, filed by Plaintiff NORTH CAROLINA STATE CONFERENCE OF THE NAACP, to Response to #24 Joint MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Intervene filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (COOPER, JAMES)
|
|
Motion Referred: RE: #24 Joint MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Intervene , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)
|
|
Filing 25
RESPONSE in Opposition re #24 Joint MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Intervene filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Replies due by 2/14/2019 (MOSS, NICOLE)
|
|
Filing 24
Joint MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Intervene by NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: #1 Text of Proposed Order)(COOPER, JAMES)
|
|
Filing 23
NOTICE of Appearance by attorney JAMES W. COOPER on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (COOPER, JAMES)
|
|
Filing 22
NOTICE of Appearance by attorney BRIAN D. RABINOVITZ on behalf of Defendant ROY A. COOPER, III (RABINOVITZ, BRIAN)
|
|
Filing 21
MOTION for Extension of Time to File Answer re #1 Complaint, by ROY A. COOPER, III. (Attachments: #1 Text of Proposed Order)(BRENNAN, STEPHANIE)
|
|
Filing 20
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ROY A. COOPER, III (BRENNAN, STEPHANIE)
|
|
Filing 19
NOTICE of Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendant ROY A. COOPER, III (BRENNAN, STEPHANIE)
|
|
ORDER granting #21 Motion for Extension of Time to Answer filed by ROY A. COOPER, III. Answer due by 2/28/2019. Signed by Gloria L. Powell on 1/25/2019 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)
|
|
Filing 18
NOTICE of Appearance by attorney JOSEPH O. MASTERMAN on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (MASTERMAN, JOSEPH)
|
|
Filing 17
NOTICE of Appearance by attorney NICOLE F. REAVES on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (REAVES, NICOLE)
|
|
Filing 16
NOTICE of Appearance by attorney PETER A. PATTERSON on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (PATTERSON, PETER)
|
|
Filing 15
NOTICE of Appearance by attorney DAVID H. THOMPSON on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (THOMPSON, DAVID)
|
|
Filing 14
NOTICE of Appearance by attorney MICHAEL W. KIRK on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (KIRK, MICHAEL)
|
|
Filing 13
NOTICE of Appearance by attorney HALEY N. PROCTOR on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (PROCTOR, HALEY)
|
|
Filing 12
NOTICE of Appearance by attorney LEAH J. KANG on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (KANG, LEAH)
|
|
Filing 11
NOTICE of Appearance by attorney CAITLIN SWAIN-MCSURELY on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (SWAIN-MCSURELY, CAITLIN)
|
|
Filing 10
NOTICE of Appearance by attorney PENDA DENISE HAIR on behalf of Plaintiffs CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP (HAIR, PENDA)
|
|
Filing 9
NOTICE by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP of Kirkland & Ellis LLP's Non-Participation (DONOVAN, DANIEL)
|
|
Filing 8
MEMORANDUM filed by Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives re #7 MOTION to Intervene Memorandum in Support filed by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. (Attachments: #1 Exhibit A - Veto Statement, #2 Exhibit B - S.B. 824, #3 Exhibit C - 5/9/14 Motion, #4 Exhibit D - 5/12/14 Order, #5 Exhibit E - 2/21/17 Press Release, #6 Exhibit F - 3/9/17 Reply Brief, #7 Exhibit G - 8/8/13 Article, #8 Exhibit H - 7/26/13 Article, #9 Exhibit I - 8/2/16 Article, #10 Exhibit J - 1/30/16 Article, #11 Exhibit K - 1/19/16 Article, #12 Exhibit L - 2/21/17 Press Release, #13 Exhibit M - 5/15/17 Press Release, #14 Exhibit N - 12/27/18 Order, #15 Exhibit O - 1/2/19 Article, #16 Exhibit P - H.B. 1029, #17 Supplement Declaration)(MOSS, NICOLE)
|
|
Filing 7
MOTION to Intervene by Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives. Response to Motion due by 2/4/2019 (Attachments: #1 Supplement Proposed Answer, #2 Text of Proposed Order Proposed Order)(MOSS, NICOLE)
|
|
Filing 6
NOTICE of Appearance by attorney NICOLE JO MOSS on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (MOSS, NICOLE)
|
|
Filing 5
NOTICE of Appearance by attorney NATHAN A. HUFF on behalf of Intervenor Defendants Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives (HUFF, NATHAN)
|
|
Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Powell, Gloria)
|
|
Filing 4
NOTICE by CHAPEL HILL - CARRBORO NAACP, GREENSBORO NAACP, HIGH POINT NAACP, MOORE COUNTY NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, WINSTON SALEM - FORSYTH COUNTY NAACP of Constitutional Challenge to Statute (JOYNER, IRVING)
|
|
Filing 3
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle)
|
|
Filing 2
Summons Issued as to All Defendants. (Attachments: #1 MALCOM, #2 LEWIS, #3 JOHNSON, #4 HEMPHILL, #5 EGGERS, #6 CORDLE, #7 COOPER, #8 CIRCOSTA, #9 ANDERSON)(Coyne, Michelle)
|
|
Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2481011.), filed by Winston Salem - Forsyth County NAACP, Chapel Hill - Carrboro NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP.(JOYNER, IRVING)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
