NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE et al v. THE NORTH CAROLINA STATE BOARD OF ELECTIONS, et al
Plaintiff: ACTION NC and NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE
Defendant: 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
Case Number: 1:2020cv00876
Filed: September 24, 2020
Court: US District Court for the Middle District of North Carolina
Presiding Judge: JOE L WEBSTER
Nature of Suit: Civil Rights: Voting
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2020 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)
November 9, 2020 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)
November 6, 2020 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)
November 4, 2020 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)
November 4, 2020 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)
November 4, 2020 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)
October 28, 2020 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)
October 27, 2020 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)
October 22, 2020 Filing 22 Notice to Parties RE: SO30. Responses due by 11/23/2020 (Winchester, Robin)
October 22, 2020 Motions Referred: RE: #2 MOTION for Preliminary Injunction , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
October 22, 2020 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)
October 21, 2020 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)
October 20, 2020 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)
October 19, 2020 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)
October 16, 2020 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)
October 16, 2020 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)
October 16, 2020 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)
October 16, 2020 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)
October 16, 2020 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)
October 5, 2020 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)
October 1, 2020 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)
September 29, 2020 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)
September 29, 2020 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)
September 29, 2020 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)
September 25, 2020 Filing 11 AFFIDAVIT OF SERVICE as to All Defendants. (RIGGS, ALLISON)
September 25, 2020 CASE REFERRED to Standing Order 30. (Sheets, Jamie)
September 25, 2020 Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
September 25, 2020 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)
September 25, 2020 Filing 10 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
September 25, 2020 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)
September 24, 2020 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)
September 24, 2020 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)
September 24, 2020 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)
September 24, 2020 Filing 5 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff ACTION NC. (RIGGS, ALLISON)
September 24, 2020 Filing 4 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE. (RIGGS, ALLISON)
September 24, 2020 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)
September 24, 2020 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)
September 24, 2020 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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Search for this case: NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE et al v. THE NORTH CAROLINA STATE BOARD OF ELECTIONS, et al
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Plaintiff: ACTION NC
Represented By: ALLISON JEAN RIGGS
Represented By: NIHARA K. CHOUDHRI
Represented By: JONATHAN K. YOUNGWOOD
Represented By: ANDREW B. GARBER
Represented By: MITCHELL D. BROWN
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Plaintiff: NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE
Represented By: ALLISON JEAN RIGGS
Represented By: NIHARA K. CHOUDHRI
Represented By: JONATHAN K. YOUNGWOOD
Represented By: ANDREW B. GARBER
Represented By: MITCHELL D. BROWN
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Defendant: STELLA ANDERSON
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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Defendant: NORTH CAROLINA STATE BOARD OF ELECTIONS, THE
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Defendant: JEFF CARMON, III
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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Defendant: JOSH STEIN
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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Defendant: KAREN BRINSON BELL
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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Defendant: DAMON CIRCOSTA
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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Defendant: THE NORTH CAROLINA STATE BOARD OF ELECTIONS
Represented By: OLGA E. VYSOTSKAYA DE BRITO
Represented By: PAUL M. COX
Represented By: TERENCE P. STEED
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