NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE et al v. PETERMAN et al
| Gregory B. Drumwright, Destiny Clarke, Colleen Tenae Turner, Terence Colin Dodd, Annie Simpson, Tamara O Kersey, Nerissa Rivera, Adam Rose, National Association for the Advancement of Colored People and TAMARA O. KERSEY |
| AMY SCOTT GALEY, STEVE CARTER, MELODY WIGGINS, TIM SUTTON, BRYAN HAGOOD, EDDIE BOSWELL, CHIP TURNER, BILL LASHLEY, JENNIFER TALLEY, FRANKIE MANESS, RICKY HALL, JERRY PETERMAN, JEFFREY PRICHARD and TERRY S. JOHNSON |
| 1:2020cv00613 |
| July 2, 2020 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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ORDER granting #66 Motion for Extension of Time to Answer for EDDIE BOSWELL; STEVE CARTER; AMY SCOTT GALEY; BRYAN HAGOOD; TERRY S. JOHNSON; BILL LASHLEY; and TIM SUTTON. Answer due by 10/15/2020. Signed by John Brubaker, Clerk of Court, on 9/11/2020. (Brubaker, John)
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| Filing 66 First MOTION for Extension of Time to File Answer re #27 Amended Complaint,, by EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Amended Complaint)(HILL, WILLIAM) |
| Filing 65 Consent MOTION for Extension of Time to File Answer re #27 Amended Complaint,, by RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. (Attachments: #1 Text of Proposed Order)(BILLER, ANTHONY) |
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ORDER granting #65 Motion for Extension of Time to Answer for RICKY HALL; FRANKIE MANESS; JERRY PETERMAN; JEFFREY PRICHARD; JENNIFER TALLEY; CHIP TURNER; and MELODY WIGGINS. Answer due by 10/15/2020. Signed by John Brubaker, Clerk of Court, on 9/9/2020. (Brubaker, John)
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| Filing 64 NOTICE of Attorney Appearance by attorney ADAM P. BANKS on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. (BANKS, ADAM) |
| Filing 63 PRELIMINARY INJUNCTION signed by JUDGE CATHERINE C. EAGLES on 8/14/2020 as set out herein. (Sheets, Jamie) |
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Filing 62
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 8/14/2020; The County Defendants imposed a total prohibition on protests in the traditional public forum of outdoor areas surrounding the Alamance County Historic Courthouse. The total prohibition is not a time, place, and manner restriction, and however strong the governmental interests are, the total prohibition is not narrowly tailored. The plaintiffs are entitled to a preliminary injunction, which will issue by separate order. (Sheets, Jamie)
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| Filing 61 Alamance Defendants Supplemental Reply BRIEF re #57 Memorandum Opinion and Order,, #54 Response in Opposition to Motion,,, by Defendants EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD filed by EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD. (HILL, WILLIAM) |
| Filing 60 Plaintiffs' Supplemental Reply BRIEF re #57 Memorandum Opinion and Order,, #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction . (HADDIX, ELIZABETH) |
| Filing 59 Plaintiffs' Supplemental BRIEF re #57 Memorandum Opinion and Order,, #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction . (Attachments: #1 Affidavit Second Kersey, #2 Exhibit Kersey photo attachment, #3 Exhibit Kersey photo attachment, #4 Exhibit Kersey photo attachment, #5 Exhibit Kersey photo attachment, #6 Exhibit Kersey photo attach, #7 Exhibit Kersey photo attach, #8 Exhibit Kersey photo attach, #9 Exhibit Kersey photo attach, #10 Exhibit Kersey photo attach, #11 Exhibit Kersey photo attach, #12 Exhibit Kersey photo attach, #13 Exhibit Kersey photo attach, #14 Exhibit Kersey photo attach, #15 Exhibit Kersey photo attach, #16 Exhibit Kersey photo attach, #17 Exhibit 1914 news article, #18 Affidavit Wells decl, #19 Affidavit Chestek decl)(HADDIX, ELIZABETH) |
| Filing 58 SUPPLEMENT re #54 Response in Opposition to Motion,,, by Defendants EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD. (Attachments: #1 Exhibit Exhibit A - Historic Courthouse Facility Use Policy)(HILL, WILLIAM) |
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Filing 57
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 8/7/2020. Additional evidence or briefing in connection with Plaintiff's motion for preliminary injunction must be filed no later than August 12, 2020. Reply briefs and evidence due no later than noon on August 14, 2020. In absence of a change of circumstances or additional evidence undermining the Court's factual findings herein, the Court contemplates granting the motion for preliminary injunction against the County defendants. (Daniel, J)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The plaintiffs have shown a likelihood of success on the merits and irreparable harm, but the Court concludes in its discretion that the balance of the equities and the public interest support denial of a TRO, to give the defendants a short period of time to implement reasonable time, place, and manner rules for access to courthouse grounds, if they so choose. In the absence of immediate implementation of reasonable restrictions or other material change of circumstances, and subject to further briefing, the Court will likely grant the motion for a preliminary injunction, as a long-term prohibition on protests on courthouse grounds traditionally used as a public forum violates the First Amendment. Written order with specific findings and discussion to follow by the end of the week. The Court anticipates holding the record open for a week or so for any additional evidence or briefing; a specific schedule will be set in the forthcoming order. (Sanders, Marlene)
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| Filing 56 SURREPLY filed by Defendants EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD re #55 Brief filed by EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD. (HILL, WILLIAM) |
| Filing 55 PLaintiffs' Reply BRIEF re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction, #54 Response in Opposition to Motion. (HADDIX, ELIZABETH) |
| Filing 54 RESPONSE in Opposition re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON filed by EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD. Replies due by 8/13/2020 (Attachments: #1 Exhibit Timeline of Protests, #2 Exhibit Google Earth- Courthouse, #3 Exhibit Emails- Flagpole, #4 Exhibit Photo Flagpoles, #5 Exhibit Email- Discussions, #6 Exhibit Letter - 07-28-2020 Graunke Haddix, #7 Exhibit Resc. of SoE, #8 Exhibit Email - Video Links, #9 Exhibit Declaration of David Sykes)(HILL, WILLIAM) |
| Filing 53 RESPONSE in Opposition re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON filed by RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. (Attachments: #1 Exhibit A City of Graham Emergency Declaration 7.10.20, #2 Exhibit B Email exchange E. Haddix & A. Biller 7.11.2020, #3 Exhibit C Email exchange E. Haddix. A Biller & W. Hill 7.13.20, #4 Exhibit D City of Graham July 10 Order rescinded)(BILLER, ANTHONY) |
| Filing 52 DECLARATION of Kristi Cole by Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. (Attachments: #1 Exhibit A Social media posts)(BILLER, ANTHONY) |
| Filing 51 DECLARATION of Frankie Maness by Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. (BILLER, ANTHONY) |
| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motion Hearing held on 7/30/2020 re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction Attorneys Elizabeth Haddix, Mark Dorosin and Kristi Graunke present as counsel for plaintiffs. Attorney Anthony Biller present as counsel for defendant City of Graham. Attorneys Clyde Albright and Ben Pierce present as counsel for Alamance County. For the reasons stated in open court, Court DENIES Motion and Temporary Restraining Order and Preliminary Injunction as to the City of Graham defendants. The Court takes the matter under advisement as to County defendants. (Court Reporter Jane Calhoun.) (Sanders, Marlene) |
| Filing 50 NOTICE by DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit Corrected Exhibit 2- Declaration of Barrett Brown with attached documents, #2 Exhibit Corrected Exhibit 3- Declaration of Daniel Hosterman with attachment)(GRAUNKE, KRISTI) |
| Filing 49 AMENDED DOCUMENT by EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD, RICKY HALL, TERRY S. JOHNSON, BILL LASHLEY, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, TIM SUTTON, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Amendment to #46 Notice of Appearance, . (ALBRIGHT, CLYDE) |
| Motions Submitted: #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Second Motion for Temporary Restraining Order set for 7/30/2020 at 3:00 PM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. Any attorney who will address the Court on behalf of a party must appear in person. (Sanders, Marlene) |
| Filing 48 Plaintiffs' BRIEF re #47 Second MOTION for Temporary Restraining Order and Preliminary Injunction . (GRAUNKE, KRISTI) |
| Filing 47 Second MOTION for Temporary Restraining Order and Preliminary Injunction by DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER. Response to Motion due by 8/18/2020 (Attachments: #1 Exhibit 1- 2d Declaration of Terence Colin Dodd, #2 Exhibit 2- 2d Declaration of Barrett Brown, #3 Exhibit 3- 2d Declaration of Daniel Hosterman, #4 Exhibit 4 - 2d Declaration of Destiny Clarke, #5 Exhibit 5- 2d Declaration of Nerissa Rivera, #6 Exhibit 6- 2d Declaration of Adam Rose, #7 Exhibit 7- 2d Declaration of C. Tenae Turner, #8 Exhibit 8 - 2d Declaration of Rev. Gregory Drumwright, #9 Exhibit 9 - State of Emergency Rescinded Post, #10 Text of Proposed Order Temporary Restraining Order) (GRAUNKE, KRISTI) |
| ELECTRONIC NOTICE to all parties of Hearing on Second MOTION for Temporary Restraining Order and Preliminary Injunction set for 7/30/2020 at 3:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Marsh, Keah) |
| Filing 46 NOTICE of Appearance by attorney CLYDE BALLINGER ALBRIGHT on behalf of Defendants EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY, BRYAN HAGOOD, RICKY HALL, TERRY S. JOHNSON, BILL LASHLEY, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, TIM SUTTON, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (ALBRIGHT, CLYDE) |
| Filing 45 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant TIM SUTTON (HILL, WILLIAM) |
| Filing 44 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant BILL LASHLEY (HILL, WILLIAM) |
| Filing 43 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendants EDDIE BOSWELL, STEVE CARTER, AMY SCOTT GALEY (HILL, WILLIAM) |
| Filing 42 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. BRYAN HAGOOD waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 41 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. AMY SCOTT GALEY waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 40 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. STEVE CARTER waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 39 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. EDDIE BOSWELL waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 38 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. TIM SUTTON waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 37 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. BILL LASHLEY waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 36 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. TERRY S. JOHNSON waiver sent on 7/17/2020, answer due 9/15/2020. (SIEGEL, DANIEL) |
| Filing 35 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. MELODY WIGGINS waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 34 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. CHIP TURNER waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 33 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. JENNIFER TALLEY waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 32 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. JEFFREY PRICHARD waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 31 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. JERRY PETERMAN waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 30 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. FRANKIE MANESS waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 29 WAIVER OF SERVICE of SUMMONS by ADAM ROSE, NERISSA RIVERA, COLLEEN TENAE TURNER, ANNIE SIMPSON. RICKY HALL waiver sent on 7/17/2020, answer due 9/15/2020. (HADDIX, ELIZABETH) |
| Filing 28 Summons Issued as to EDDIE BOSWELL, STEVE CARTER, BILL LASHLEY, AMY SCOTT GALEY, TIM SUTTON. (Attachments: #1 Summons - Steve Carter, #2 Summons - Bill Lashley, #3 Summons - Amy Scott Galey, #4 Summons - Tim Sutton) (Sheets, Jamie) |
| Filing 27 AMENDED COMPLAINT against defendant All Defendants, filed by ADAM ROSE, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, COLLEEN TENAE TURNER, GREGORY B. DRUMWRIGHT, ANNIE SIMPSON, TERENCE COLIN DODD, DESTINY CLARKE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (HADDIX, ELIZABETH) |
| Filing 26 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Hicks, Samantha) |
| Filing 25 Summons Issued as to All Defendants. (Attachments: #1 Summons - FRANKIE MANESS, #2 Summons - CHIP TURNER, #3 Summons - MELODY WIGGINS, #4 Summons - JENNIFER TALLEY, #5 Summons - RICKY HALL, #6 Summons - JEFFREY PRICHARD, #7 Summons - SHERIFF TERRY S. JOHNSON, #8 Summons - BRYAN HAGOOD) (Hicks, Samantha) |
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Filing 24
ORDER signed by JUDGE CATHERINE C. EAGLES on 7/16/2020; The plaintiffs have withdrawn their motion for temporary restraining order and preliminary injunction. Doc. #2 , without prejudice, with the defendants' consent. Good cause having been shown, the parties' motion, Doc. #23 , is GRANTED, and the hearing for July 20, 2020 is cancelled. (Sheets, Jamie)
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| CASE REFERRED RE: #23 Withdrawal of Motion, to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
| Filing 23 WITHDRAWAL of Motion by Plaintiff NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE re #2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON (HADDIX, ELIZABETH) |
| Filing 22 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TAMARA O. KERSEY, TERENCE COLIN DODD, COLLEEN TENAE TURNER, ADAM ROSE, DESTINY CLARKE, GREGORY B. DRUMWRIGHT, NERISSA RIVERA, ANNIE SIMPSON filed by TERRY S. JOHNSON. Replies due by 7/29/2020 (Attachments: #1 Exhibit A - Declaration of Bryan Hagood, #2 Exhibit B - Declaration of Lt. Scott Gaither, #3 Exhibit C - Repeal Ordinance )(HILL, WILLIAM) |
| ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Preliminary Injunction set for 7/20/20 at 10:30 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. (Sanders, Marlene) |
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Filing 21
ORDER signed by JUDGE CATHERINE C. EAGLES on 7/14/2020; that the motion to withdraw, Doc. #20 , is GRANTED and Robert M. Ward and Jay H. Ferguson are relieved of any further responsibility in this case. (Sheets, Jamie)
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| Electronic Notice to all parties: Hearing regarding Motion for Temporary Restraining Order #2 RESCHEDULED to 7/20/20 at 10:30 a.m., will be conducted via video conference and counsel will receive a link. Public access will be set out later. (Sanders, Marlene) |
| Reset Hearings: Motion for Temporary Restraining Order #2 Hearing RESET for 7/20/20 10:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 20 MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward by on behalf of RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Responses due by 8/3/2020 (Attachments: #1 Text of Proposed Order) (FERGUSON, JAY) |
| Motions Submitted: #20 MOTION to Withdraw as Attorney JAY HARDIN FERGUSON and Robert M. Ward to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 19 NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (BILLER, ANTHONY) |
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court anticipates resolving the pending motion for preliminary injunction on the record without an evidentiary hearing. Briefs and evidence in opposition are due by 5:00 p.m. July 15, 2020, and any reply brief and rebuttal evidence is due by noon on July 17, 2020. The hearing on July 20, 2020, will be conducted via video conference and counsel will receive a link. Public access method will be set by later order. (Sanders, Marlene)
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| Filing 18 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 17 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant BRYAN HAGOOD (HILL, WILLIAM) |
| Filing 16 NOTICE of Appearance by attorney WILLIAM L. HILL on behalf of Defendant TERRY S. JOHNSON (HILL, WILLIAM) |
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Filing 15
CONSENT TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 7/6/2020; Plaintiffs' motion for a temporary restraining order is GRANTED. The Graham Defendants and Defendant Johnson are hereby RESTRAINED from enforcing the Ordinance and the Ordinance shall have no force or effect pending further orders of the Court. In the Court's discretion, the bond requirement under Rule 65(c) is waived. This Order shall be in effect for 14 days. Pursuant to Fed. R. Civ. P. 65(d)(2), Plaintiffs shall provide Defendants with notice of this Order and Defendants shall immediately provide Notice to their officers, attorneys, agents, employees, and other persons who are in active concert or participation with them. The Court will continue to review Plaintiffs' Motion for a Preliminary Injunction, and a hearing on that motion will be held by the undersigned on July 20, 2020 at 9:00 a.m. (Hicks, Samantha)
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| Filing 14 NOTICE of Appearance by attorney EMERSON J. SYKES on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (SYKES, EMERSON) (Main Document 14 replaced on 7/6/2020) (Hicks, Samantha). |
| Filing 13 NOTICE of Appearance by attorney ELIZABETH MCLAUGHLIN HADDIX on behalf of Plaintiffs DESTINY CLARKE, TERENCE COLIN DODD, GREGORY B. DRUMWRIGHT, TAMARA O. KERSEY, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NERISSA RIVERA, ADAM ROSE, ANNIE SIMPSON, COLLEEN TENAE TURNER (HADDIX, ELIZABETH) |
| Filing 12 ***FILED IN ERROR***NOTICE by National Association for the Advancement of Colored People (HADDIX, ELIZABETH) Modified on 7/6/2020 to mark as Filed in Error and remove from view. Attorney instructed to properly re-file. (Garland, Leah) |
| ELECTRONIC NOTICE of cancellation of Hearing for Temporary Retraining Order. (Sanders, Marlene) |
| Motions Submitted: #11 Consent MOTION for Temporary Restraining Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 7/20/2020 09:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Hicks, Samantha) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Hicks, Samantha) |
| Filing 11 Consent MOTION for Temporary Restraining Order by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/27/2020 (Attachments: #1 Text of Proposed Order Consent Temporary Restraining Order)(GRAUNKE, KRISTI) |
| Filing 10 NOTICE of Appearance by attorney JAY HARDIN FERGUSON on behalf of Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS (FERGUSON, JAY) |
| Filing 9 RESPONSE filed by Defendants RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS re #2 MOTION for Temporary Restraining Order filed by National Association for the Advancement of Colored People, Annie Simpson, Adam Rose, Colleen Tenae Turner, Tamara O Kersey, Terence Colin Dodd, Gregory B. Drumwright, Nerissa Rivera, Destiny Clarke filed by RICKY HALL, FRANKIE MANESS, JERRY PETERMAN, JEFFREY PRICHARD, JENNIFER TALLEY, CHIP TURNER, MELODY WIGGINS. Replies due by 7/20/2020 (FERGUSON, JAY) |
| Notice of Rescheduling In Person to Video Conference Hearing: In the interests of public and individual health, the July 6 hearing at 11 am will be by video conference via Zoom. Counsel will receive a link. The public access line to listen to the audio and to see the video of the proceedings will be available in Courtroom 3 of the Greensboro courthouse. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Powell, Gloria) |
| Filing 8 NOTICE by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner re #2 MOTION for Temporary Restraining Order of Supplemental Exhibit (Attachments: #1 Exhibit 1- Demand Letter)(GRAUNKE, KRISTI) |
| Filing 7 NOTICE of Appearance by attorney MARK DOROSIN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (DOROSIN, MARK) (Main Document 7 replaced on 7/6/2020 with corrected PDF document) (Garland, Leah) |
| Filing 6 NOTICE of Appearance by attorney DANIEL K. SIEGEL on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (SIEGEL, DANIEL) |
| Filing 5 NOTICE of Appearance by attorney VERA EIDELMAN on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (EIDELMAN, VERA) |
| Filing 4 NOTICE of Appearance by attorney CURTIS SCOTT HOLMES on behalf of Plaintiffs Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner (HOLMES, CURTIS) |
| Filing 3 BRIEF re #2 MOTION for Temporary Restraining Order in Support of Temporary Restraining Order and Preliminary Injunction. (GRAUNKE, KRISTI) |
| Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Powell, Gloria) |
| Motions Submitted: #2 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Powell, Gloria) |
| ELECTRONIC NOTICE OF PUBLIC ACCESS LINE re Hearing on Motion for Temporary Restraining Order set for 7/6/2020 11:00 AM: To facilitate public access to the hearing while avoiding the public health risks associated with being in the courthouse, the parties and public are invited to listen to the proceedings by calling (877) 336-1831 and the Access Code is 9793378, which will provide a live audio feed. Recording of the proceedings is prohibited. Any attorney who will address the Court on behalf of a party must appear in person. (Powell, Gloria) |
| ELECTRONIC NOTICE of Hearing on Motion for Temporary Restraining set for 7/6/2020 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Defendants' Attorneys Ward, Coleman, and Albright notified via separate email.)(Powell, Gloria) |
| Filing 2 MOTION for Temporary Restraining Order by Destiny Clarke, Terence Colin Dodd, Gregory B. Drumwright, Tamara O Kersey, National Association for the Advancement of Colored People, Nerissa Rivera, Adam Rose, Annie Simpson, Colleen Tenae Turner. Response to Motion due by 7/23/2020 (Attachments: #1 Affidavit NAACP- Barrett Brown, #2 Affidavit Tamara Kersey, #3 Affidavit Colleen Tenae Turner, #4 Affidavit Terence Colin Dodd, #5 Affidavit Destiny Clarke, #6 Affidavit Nerissa Rivera, #7 Affidavit Adam Rose, #8 Affidavit Annie Simpson, #9 Affidavit Gregory Drumwright, #10 Text of Proposed Order Temporary Restraining Order)(GRAUNKE, KRISTI) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2836947.), filed by Nerissa Rivera, Colleen Tenae Turner, Adam Rose, Gregory B. Drumwright, Tamara O Kersey, Annie Simpson, Terence Colin Dodd, National Association for the Advancement of Colored People, Destiny Clarke.(GRAUNKE, KRISTI) |
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