NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE et al v. THE NORTH CAROLINA STATE BOARD OF ELECTIONS, et al
| ACTION NC and NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE |
| STELLA ANDERSON, NORTH CAROLINA STATE BOARD OF ELECTIONS, THE, JEFF CARMON, III, JOSH STEIN, KAREN BRINSON BELL, DAMON CIRCOSTA and THE NORTH CAROLINA STATE BOARD OF ELECTIONS |
| 1:2020cv00876 |
| September 24, 2020 |
| US District Court for the Middle District of North Carolina |
| JOE L WEBSTER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.
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Filing 27
OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #24 Recommended Ruling - Magistrate Judge, by Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE . (BROWN, MITCHELL)
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TEXT ORDER granting #26 Motion for Extension of Time To File Response. For good cause shown, Plaintiff shall have up to and including December 7, 2020 to respond to Defendants' motion to dismiss. Defendants shall have fourteen days from the service of Plaintiffs' response to submit their reply, consistent with Local Rule 7.3(h). Issued by MAG/JUDGE JOE L. WEBSTER on 11/9/2020.(Lee, Pedra)
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Motions Referred: RE: #26 MOTION for Extension of Time To File Motion for ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE Plaintiff's Response to Defendants' #18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim u, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 26
MOTION for Extension of Time To File Motion for ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE Plaintiff's Response to Defendants' #18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim until 12/7/2020 by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (BROWN, MITCHELL)
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Filing 25
Notice of Mailing Recommendation: Objections to R&R due by 11/18/2020. Objections to R&R for Pro Se due by 11/23/2020. (Garland, Leah)
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Filing 24
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 11/4/2020, that Plaintiffs' Motion for Preliminary Injunction (Docket Entry #2 ) be DENIED and that North Carolina Attorney General Josh Stein be DISMISSED from this action. (Garland, Leah)
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Filing 23
Transcript of Proceedings held on October 22, 2020, before United States Magistrate Judge Joe L. Webster. Court Reporter N. Annette P. Myers, WordServices, Inc., Telephone number 919-548-4914. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 1/29/2021. (Marsh, Keah)
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NOTICE: After further research and review, the Court cannot render a recommended ruling on #2 Plaintiffs' Motion for Preliminary Injunction during the early part of this week as previously projected in open Court. The motion and response thereto raise very complex issues which require additional time to resolve. As such, this matter shall remain under advisement at this time. Issued by MAG/JUDGE JOE L. WEBSTER on 10/27/2020. (Lee, Pedra)
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Filing 22
Notice to Parties RE: SO30. Responses due by 11/23/2020 (Winchester, Robin)
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Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Motion Hearing held on 10/22/2020 re: #2 MOTION for Preliminary Injunction filed by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. Attorneys Jonathan Youngwood, Mitchell Brown and Allison Riggs present for Plaintiffs. Attorneys Olga Vysotskaya De Brito, Terence Steed and Paul Cox present for Defendants. Matter taken under advisement. (Court Reporter Annette Myers.) (Garrett, Kim)
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Motions Referred: RE: #2 MOTION for Preliminary Injunction , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Filing 21
NOTICE of Attorney Appearance by attorney MITCHELL D. BROWN on behalf of Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE (BROWN, MITCHELL)
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Filing 20
REPLY, filed by Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE, to Response to #2 MOTION for Preliminary Injunction filed by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (RIGGS, ALLISON)
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Set Motion and R and R Deadlines/Hearings re: #18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim : Responses due by 11/6/2020. (Garland, Leah)
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Filing 19
MEMORANDUM filed by Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS re #18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS. (STEED, TERENCE)
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Filing 18
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS. (STEED, TERENCE)
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Filing 17
DECLARATION of Counsel filed by Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS re #16 Response to Motion, filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Exhibit A - 2017 H.B. 698, #2 Exhibit B - 2017 H.B. 1089, #3 Exhibit C - 2019 H.B. 819, #4 Exhibit D - NCSBE Elections-Related Investigation Priorities Policy)(STEED, TERENCE)
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Filing 16
RESPONSE to Plaintiffs' Motion for Preliminary Injunction filed by Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS re #2 MOTION for Preliminary Injunction filed by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS. (STEED, TERENCE)
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Filing 15
NOTICE of Hearing: Hearing as to #2 Motion for Preliminary Injunction set for 10/22/2020 10:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Filing 14
NOTICE of Attorney Appearance by attorney PAUL M. COX on behalf of Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS (COX, PAUL)
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TEXT ORDER DENYING #2 Request to shorten briefing schedule. Plaintiffs filed a Complaint and Motion for a Preliminary Injunction in this action on September 24, 2020. Incorporated within Plaintiffs' Motion is a request for an expedited briefing schedule to said Motion. Plaintiffs make such request for expedited briefing and consideration of their Motion in light of the upcoming election and voter registration deadlines. Defendants do not consent to expedited consideration of Plaintiffs' Motion. Pursuant to Local Civil Rule 7.3(f), "[f]or good cause appearing therefor, a respondent may be required to file any response and supporting documents, including brief, within such shorter period of time as the Court may specify." Upon consideration of Plaintiffs' request, the Court finds that Plaintiffs have failed to show good cause for an expedited briefing schedule. While the Court is aware of the upcoming election and voter registration deadlines (along with the urgency of any request for preliminary injunctive relief), said proposed expedited schedule is not reasonable. With election and voter registration deadlines looming, and the apparent complexity of the legal issues involved, it is unclear Plaintiffs' reasoning for delaying the filing of the Complaint and said Motion for preliminary injunctive relief in this matter. Thus, the request is denied. Upon the ripeness of Plaintiffs' Motion, the Court will consider said Motion and schedule a hearing, if necessary, as soon thereafter as the Court can accommodate. Issued by MAG/JUDGE JOE L. WEBSTER on 10/1/2020. (Lee, Pedra)
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Filing 13
NOTICE of Attorney Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS (VYSOTSKAYA DE BRITO, OLGA)
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Filing 12
NOTICE of Attorney Appearance by attorney TERENCE P. STEED on behalf of Defendants STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA, JOSH STEIN, THE NORTH CAROLINA STATE BOARD OF ELECTIONS (STEED, TERENCE)
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Motions Referred: RE: #2 MOTION for Preliminary Injunction , to MAG/JUDGE JOE L. WEBSTER only for the request to shorten briefing schedule within the motion (Garrett, Kim)
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Filing 11
AFFIDAVIT OF SERVICE as to All Defendants. (RIGGS, ALLISON)
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Filing 10
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
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Filing 9
Summons Issued as to All Defendants. (Attachments: #1 Summons - Damon Circosta, #2 Summons - Stella Anderson, #3 Summons - Jeff Carmon, III, #4 Summons - Karen Brinson Bell, #5 Summons - Josh Stein) (Sheets, Jamie)
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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. (Sheets, Jamie)
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CASE REFERRED to Standing Order 30. (Sheets, Jamie)
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Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
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Filing 8
NOTICE of Special Appearance by attorney NIHARA K. CHOUDHRI on behalf of Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE ( Filing fee $ 25 receipt number 0418-2899483.) (CHOUDHRI, NIHARA)
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Filing 7
NOTICE of Special Appearance by attorney ANDREW B. GARBER on behalf of Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE ( Filing fee $ 25 receipt number 0418-2899482.) (GARBER, ANDREW)
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Filing 6
NOTICE of Special Appearance by attorney JONATHAN K. YOUNGWOOD on behalf of Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE ( Filing fee $ 25 receipt number 0418-2899481.) (YOUNGWOOD, JONATHAN)
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Filing 5
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff ACTION NC. (RIGGS, ALLISON)
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Filing 4
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (RIGGS, ALLISON)
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Filing 3
BRIEF re #2 MOTION for Preliminary Injunction by Plaintiffs ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE filed by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (Attachments: #1 Exhibit Bell Deposition, #2 Exhibit Post-Election Audit Report, #3 Exhibit Aug. 12 NCSBE Letter, #4 Exhibit Post-Election Audit Report Racial Breakdown, #5 Exhibit Aug. 9 NCSBE Letter, #6 Exhibit Prior Voter Registration Application, #7 Exhibit Prior One-Stop Voter Registration Application, #8 Exhibit Letter from NC Conference of District Attorneys, #9 Exhibit Dr. Baumgartner Report, #10 Exhibit Powell Declaration, #11 Exhibit Purdie Declaration, #12 Exhibit Down Home Amicus Brief, #13 Exhibit CSI v. Moore SJ Order, #14 Exhibit CSI v. Moore PI Order, #15 Exhibit Centennial Article, #16 Exhibit 1875 Disenfranchisement Provision, #17 Exhibit 1877 Strict Liability Voting Law, #18 Exhibit 1898 Democratic Party Handbook, #19 Exhibit 1899 Session Law Provisions, #20 Exhibit 1900 Suffrage Amendment, #21 Exhibit 1931 Session Law Provisions, #22 Affidavit Montford Declaration, #23 Affidavit McCoy Declaration, #24 Affidavit Riggs Declaration, #25 Affidavit Zimmer Declaration)(RIGGS, ALLISON)
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Filing 2
MOTION for Preliminary Injunction by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. Response to Motion due by 10/15/2020 (RIGGS, ALLISON)
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Filing 1
COMPLAINT against All Defendants, (Filing fee $ 400 receipt number 0418-2899481), filed by ACTION NC, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (Attachments: #1 Exhibit Bell Deposition, #2 Exhibit Post-Election Audit Report, #3 Exhibit Aug. 12 NCSBE Letter, #4 Exhibit Post-Election Audit Report Racial Breakdown, #5 Exhibit Aug. 9 NCSBE Letter, #6 Exhibit Prior North Carolina Voter Registration Application, #7 Exhibit Prior North Carolina One-Stop Voter Registration Application, #8 Exhibit Letter from NC Conference of District Attorneys)(RIGGS, ALLISON) Modified on 9/25/2020 to add receipt information. (Sheets, Jamie)
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