MOORE et al v. CIRCOSTA et al
| MAXINE WHITLEY, PHILIP E. BERGER, TIMOTHY K. MOORE, BOBBY HEATH and ALAN SWAIN |
| KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA and STELLA ANDERSON |
| JADE JUREK, ROSALYN KOCIEMBA, TOM KOCIEMBA, JOHN P. CLARK, BECKY JOHNSON, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, MARGARET B. CATES, CAREN RABINOWITZ, ROBERT K. PRIDDY, II, SANDRA MALONE, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, BARKER FOWLER, WALTER HUTCHINS and LELIA BENTLEY |
| 1:2020cv00911 |
| October 5, 2020 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Other Statutory Actions |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 94
RULE 42(b) MANDATE of USCA as to #80 Notice of Appeal, filed by JOHN P. CLARK, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, WALTER HUTCHINS, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, ROBERT K. PRIDDY, II, MARGARET B. CATES, LELIA BENTLEY. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case Number 20-2118(L), 20-2119. (Sheets, Jamie)
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Filing 93
USCA ORDER Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. USCA Case Number 20-2118(L), 20-2119. (Sheets, Jamie)
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Filing 92
RULE 42(b) MANDATE of USCA as to #76 Notice of Appeal filed by TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, PHILIP E. BERGER, ALAN SWAIN. Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. USCA Case Number 20-2107. (Sheets, Jamie)
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Filing 91
USCA ORDER Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. USCA Case Number 20-2107. (Sheets, Jamie)
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Filing 90
NOTICE of Voluntary Dismissal of case by Plaintiffs PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY (MOSS, NICOLE)
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Filing 89
WAIVER OF SERVICE of SUMMONS by PHILIP E. BERGER, TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, ALAN SWAIN. All Defendants. (MOSS, NICOLE)
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| Filing 88 RULE 42(b) MANDATE of USCA as to #50 Notice of Appeal - TECA filed by JEFF CARMON, III, KAREN BRINSON BELL, DAMON CIRCOSTA, STELLA ANDERSON. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case Number 20-2062. (Sheets, Jamie) |
| Filing 87 USCA ORDER Upon consideration of appellants' unopposed motion to dismiss the appeal pursuant to Federal Rule of Appellate Procedure 42(b), the court grants the motion and dismisses this appeal. USCA Case Number 20-2062. (Sheets, Jamie) |
| Filing 86 SUPREME COURT ORDER: The application for injunctive relief presented to THE CHIEF JUSTICE and by him referred to the Court is denied. (Supreme Court #20A72) (Garland, Leah) |
| Filing 85 USCA ORDER The court consolidates Case No. 20-2118 (L) and Case No. 20-2119. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Sheets, Jamie) |
| Filing 84 USCA ORDER: Upon consideration of submissions relative to the emergency motions for injunction pending appeal, the court denies injunctive relief pending appeal. Chief Judge Gregory, Judge Motz, Judge King, Judge Keenan, Judge Wynn, Judge Diaz, Judge Floyd, Judge Thacker, Judge Harris, Judge Richardson, Judge Quattlebaum, and Judge Rushing voted to deny the motions for injunction. Judge Wilkinson, Judge Niemeyer, and Judge Agee voted to grant the motions for injunction. Judge Wynn wrote an opinion on the denial of emergency injunctive relief. Judge Motz wrote a concurring opinion. Judge Wilkinson and Judge Agee wrote a dissenting opinion in which Judge Niemeyer joined. Judge Niemeyer wrote a separate dissenting opinion. (USCA Case number: 20-2104, 20-2107) (Garland, Leah) |
| Filing 83 USCA ORDER: A majority of judges in regular active service and not disqualified having voted in a requested poll of the court for hearing en banc on the motions for injunction pending appeal filed in No. 20-2104, Wise v. Circosta, and No. 20-2107, Moore v. Circosta, the court grants hearing en banc and consolidates the appeals for further proceedings. (USCA Case number: 20-2104(L), 20-2107) (Garland, Leah) |
| Filing 82 NOTICE of Docketing Record on Appeal from USCA re #80 Notice of Appeal, filed by JOHN P. CLARK, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, WALTER HUTCHINS, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, ROBERT K. PRIDDY, II, MARGARET B. CATES, LELIA BENTLEY. USCA Case Manager: Jeffrey S. Neal. USCA Case Number 20-2118. (Sheets, Jamie) |
| Filing 81 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #80 Notice of Appeal. (Sheets, Jamie) |
| Filing 80 NOTICE OF APPEAL as to #72 Order on Motion to Intervene by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II. Filing fee $ 505, receipt number 0418-2913649. (VARGHESE, GEORGE) |
| Filing 79 NOTICE of Docketing Record on Appeal from USCA re #76 Notice of Appeal filed by TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, PHILIP E. BERGER, ALAN SWAIN. USCA Case Manager: Jeffrey S. Neal. USCA Case Number 20-2107. (Sheets, Jamie) |
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Filing 78
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/15/2020, that this court's order, (1:20CV911 (Doc. #74 ); 1:20CV912 (Doc. #56 ), is hereby STAYED until Friday, October 16, 2020, at 11:59 p.m. IT IS FURTHER ORDERED that the Temporary Restraining Order, (1:20CV911 (Doc. #47 ); 1:20CV912 (Doc. #25 ), shall remain in full force and effect until Friday, October 16, 2020, at 11:59 p.m. (Garland, Leah)
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| Filing 77 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #76 Notice of Appeal. (Sheets, Jamie) |
| Filing 76 NOTICE OF APPEAL as to #74 Memorandum Opinion and Order, by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. Filing fee $ 505, receipt number 0418-2912506. (MOSS, NICOLE) |
| Filing 75 MOTION FOR INJUNCTION PENDING APPEAL, OR, IN THE ALTERNATIVE, FOR A TEMPORARY INJUNCTION UNTIL THE FOURTH CIRCUIT RESOLVES PLAINTIFFS' IMMINENT MOTION by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. Response to Motion due by 11/5/2020 (Attachments: #1 Exhibit 1 - NCSBE Detailed Instructions for Voting by Mail, #2 Exhibit 2 - NCSBE Numbered Memos)(MOSS, NICOLE) |
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Filing 74
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/14/2020; that Plaintiffs' Motion for Preliminary Injunction in Moore v. Circosta, No. 1:20CV911, (Doc. #60 ), is DENIED. FURTHER that Plaintiffs' Motion to Convert the Temporary Restraining Order into a Preliminary Injunction in Wise v. N. Carolina State Bd. of Elections, No. 1:20CV912, (Doc. 43), is DENIED. (Sheets, Jamie)
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TEXT ORDER - This court will enter orders today in each of these cases, 1:20CV457, 1:20CV911 and 1:20CV912. However, those opinions will not be issued until after 2:00 p.m. The orders will not be issued by 2:00 as the court advised previously. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 10/14/2020.] (Cable, Frances)
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| Filing 73 RESPONSE re #71 Notice (Other), filed by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. (MOSS, NICOLE) |
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Filing 72
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/13/2020, that Proposed Intervenors' Motions to Intervene, (1:20CV911 (Doc. #35 ); 1:20CV912 (Doc. #38 )), are DENIED. (Garland, Leah)
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TEXT ORDER - This court advised the parties of its intention to enter orders today, possibly Wednesday, in each of these cases, 1:20CV457, 1:20CV911 and 1:20CV912. The motions remain under advisement, and the court hereby notifies the parties that opinions and orders in these cases will not be issued today. Those opinions and orders will be issued by 2:00 p.m. on Wednesday, October 14, 2020. The parties should prepare to proceed accordingly. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 10/13/2020.] (Cable, Frances)
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| Filing 71 NOTICE by BARKER FOWLER, BECKY JOHNSON, JADE JUREK, ROSALYN KOCIEMBA, TOM KOCIEMBA, SANDRA MALONE, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, CAREN RABINOWITZ of Supplemental Authority (Attachments: #1 Exhibit A - Carson v. Simon, #2 Exhibit B - Trump v. Boockvar)(MADDURI, LALITHA) |
| Filing 70 Transcript of Proceedings held on 10/08/2020, before Judge William L. Osteen, Jr.. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 11/5/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/13/2021. (Armstrong, Joe) |
| Filing 69 NOTICE by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA of Filing Transcript of Relevant State Court Proceedings (Attachments: #1 Exhibit Ex A - Transcript of Hearing)(PETERS, ALEXANDER) |
| Filing 68 NOTICE by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY (Attachments: #1 Exhibit A - Executive Defs.' Br. in Support of Joint Mot. in Alliance (Wake Cnty. Super. Ct), #2 Exhibit B - Taylor v Sturgell 553 US 880 (2008))(MOSS, NICOLE) |
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Filing 67
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/8/2020, that Alliance Intervenors' Motions to Intervene as Defendants, (1:20CV911 (Doc. #27 ); 1:20CV912 (Doc. #21 )), are GRANTED. FURTHER ORDERED that Proposed Intervenors shall adhere to the briefing schedule as directed by the court on October 5, 2020. (Minute Entry 10/05/2020.) (Garland, Leah)
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| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-3: Oral Argument Hearing held on 10/8/2020. Attorneys David Thompson, Peter Patterson and Nathan Huff appeared on behalf of Plaintiffs. Attorneys Alexander Peters and Sarah Boyce appeared on behalf of Defendants. Lalitha Madduri appeared as counsel on behalf of respective Intervenor-Defendants. Attorney Allison Riggs present. Court heard arguments from Counsel with respect to #60 Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support. (Opinion forthcoming) (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Filing 66 NOTICE of Special Appearance by attorney LALITHA D. MADDURI on behalf of Intervenor Defendants BARKER FOWLER, BECKY JOHNSON, JADE JUREK, ROSALYN KOCIEMBA, TOM KOCIEMBA, SANDRA MALONE, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, CAREN RABINOWITZ (Filing fee $ 25 receipt number 0418-2908160.) (MADDURI, LALITHA) Modified on 10/8/2020 to correct party affiliations. (cashier) |
| Filing 65 RESPONSE in Opposition re #60 MOTION for Preliminary Injunction and Memorandum in Support of Same filed by TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, PHILIP E. BERGER, ALAN SWAIN filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA. Replies due by 10/21/2020 (Attachments: #1 Exhibit A Emergency Order, #2 Exhibit B August 21 Memo, #3 Exhibit C DSCC Complaint, #4 Exhibit D Tornow Email, #5 Exhibit E SBOE Meeting Minutes, #6 Exhibit F Consent Judgment, #7 Exhibit G FOF-COL, #8 Exhibit H RNC Motion to Intervene)(PETERS, ALEXANDER) |
| Filing 64 RESPONSE in Opposition re #60 MOTION for Preliminary Injunction and Memorandum in Support of Same filed by TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, PHILIP E. BERGER, ALAN SWAIN filed by BARKER FOWLER, BECKY JOHNSON, JADE JUREK, ROSALYN KOCIEMBA, TOM KOCIEMBA, SANDRA MALONE, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, CAREN RABINOWITZ. Replies due by 10/21/2020 (Attachments: #1 Nkwonta Declaration and Index of Exhibits, #2 Exhibit 1 - Exec Order 169, #3 Exhibit 2 -- Alliance Mot. for PI, #4 Exhibit 3 -- Findings and Conclusions Order, #5 Exhibit 4 -- Executed Consent Judgment)(GHOSH, NARENDRA) |
| Filing 63 RESPONSE in Opposition re #60 MOTION for Preliminary Injunction and Memorandum in Support of Same filed by TIMOTHY K. MOORE, BOBBY HEATH, MAXINE WHITLEY, PHILIP E. BERGER, ALAN SWAIN filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II. Replies due by 10/21/2020 (Attachments: #1 Exhibit 1 - Declaration of Candela Cerpa, #2 Exhibit 2 - Declaration of Talia Ray)(VARGHESE, GEORGE) |
| Electronic Notice sent on 10/7/2020 to counsel of record: Oral Argument Hearing reset for 10/8/2020 01:00 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 62 NOTICE of Special Appearance by attorney CECILIA L. AGUILERA on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2907275.) (AGUILERA, CECILIA) |
| Filing 61 RESPONSE filed by Plaintiffs PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY re #35 MOTION to Intervene filed by JOHN P. CLARK, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, WALTER HUTCHINS, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, ROBERT K. PRIDDY, II, MARGARET B. CATES, LELIA BENTLEY, #27 MOTION to Intervene as Defendants filed by SANDRA MALONE, BECKY JOHNSON, CAREN RABINOWITZ, JADE JUREK, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, ROSALYN KOCIEMBA, TOM KOCIEMBA, BARKER FOWLER filed by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. Replies due by 10/20/2020 (MOSS, NICOLE) |
| Filing 60 MOTION for Preliminary Injunction and Memorandum in Support of Same by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. Response to Motion due by 10/27/2020 (Attachments: #1 Exhibit Declaration of Peter A. Patterson, #2 Exhibit 1 - Moore v. Circosta Oct. 2 Hearing Transcript, #3 Exhibit 2 - Affidavit of Linda Devore (Wake Cnty. Super. Ct.), #4 Exhibit 3 - Democracy Email Chain, #5 Exhibit 4 - Numbered Memo 2020-28)(MOSS, NICOLE) |
| Filing 59 NOTICE of Docketing Record on Appeal from USCA re #50 Notice of Appeal - TECA filed by JEFF CARMON, III, KAREN BRINSON BELL, DAMON CIRCOSTA, STELLA ANDERSON. USCA Case Manager: Jeffrey S. Neal. USCA Case Number 20-2062. (Sheets, Jamie) |
| Filing 58 NOTICE of Special Appearance by attorney MICHELLE E. KANTER COHEN on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906456.) (KANTER COHEN, MICHELLE) |
| Filing 57 NOTICE of Special Appearance by attorney JONATHAN L. SHERMAN on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906364.) (SHERMAN, JONATHAN) |
| Filing 56 NOTICE of Special Appearance by attorney STEPHANIE LIN on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906305.) (LIN, STEPHANIE) |
| Filing 55 NOTICE of Special Appearance by attorney REBECCA M. LEE on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906287.) (LEE, REBECCA) |
| Filing 54 NOTICE of Special Appearance by attorney JOSEPH J. YU on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906274.) (YU, JOSEPH) |
| Filing 53 Electronic Transmission of Notice of Appeal to US Court of Appeals re #50 Notice of Appeal - TECA. (Hicks, Samantha) |
| Filing 52 NOTICE of Special Appearance by attorney GEORGE P. VARGHESE on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY, II ( Filing fee $ 25 receipt number 0418-2906169.) (VARGHESE, GEORGE) |
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Filing 51
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/5/2020; This court suggests the following for consideration by the parties: 1. A hearing on the temporary restraining order and or a preliminary injunction on Wednesday, October 7, 2020, at 4:00 p.m. 2. This court is initially inclined to allow the motions to intervene. 3. In light of the extensive briefing that has already occurred, this court suggests additional briefing to address affirmative relief of no more than 5,500 words. Those briefs should be filed on or before Tuesday, October 6, 2020, at 9:30 a.m. Responses, if any, shall be filed on or before Tuesday, October 6, 2020, at 5:00 p.m. Replies will not be permitted. 4. The Clerk is directed to set a telephone status conference with counsel in each of these two cases this afternoon before 5:30 p.m. to discuss this plan. Intervenors may participate. (Hicks, Samantha)
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| Filing 50 NOTICE OF APPEAL - TECA as to #47 Order on Motion for TRO, by STELLA ANDERSON, KAREN BRINSON BELL, DAMON CIRCOSTA, Jeff Carmon, III. Filing fee $ 505. (PETERS, ALEXANDER) |
| Filing 49 Case transferred in from District of North Carolina Eastern; Case Number 5:20-cv-00507. Original file certified copy of transfer order and docket sheet received. |
| Set/Reset Deadlines/Hearings: Oral Argument Hearing set for 10/8/2020 10:30 AM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Hicks, Samantha) |
| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-3. Telephone Conference held on 10/5/2020. The following attorneys attended telephonically: Nicole Moss, David Thompson, Peter Patterson, Bobby Burchfield, Matthew Leland, Scott Tobin, Alexander Peters, Ryan Park, Terence Steed, Burton Craige, March Elias, Narendra Ghosh, Allison Riggs, Joseph Yu. The parties are directed to follow the briefing scheduled as outlined by the Court. Responses to Motions to Intervene due: 10/6/2020 by 2:00 pm; Motions for affirmative relief due: 10/6/2020 by 2:00 pm; Any responses to request for affirmative relief due: 10/7/2020 by 11:30 am; No replies to be filed; Court directs counsel to file a case citation list with opposing counsel and with the Court if they wish to address during oral argument on 10/8/2020; Oral argument hearing set 10/8/2020 at 10:30 am, before Judge William L. Osteen, Jr., in Greensboro, Courtroom 3. (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
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Filing 47
ORDER granting #8 Motion for Temporary Restraining Order and transferring case to the Honorable William L. Osteen, Jr., USDC, MDNC.Signed by District Judge James C. Dever III on 10/3/2020. (Hayes, Lyndsay) [Transferred from North Carolina Eastern on 10/5/2020.]
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Filing 46
ORDER granting #40 Motion for Leave to File Excess Pages. Signed by District Judge James C. Dever III on 10/3/2020. (Hayes, Lyndsay) [Transferred from North Carolina Eastern on 10/5/2020.]
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| Filing 48 Minute Entry for proceedings held in Raleigh, NC before District Judge James C. Dever, III: Hearing held on 10/2/2020. Counsel present in courtroom and by videoconference. Oral argument held. Written order to follow. (Court Reporter Amy Condon) (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 45 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta Notice of Filing of State Court Consent Judgment. (Attachments: #1 Exhibit Consent Judgment Entered in Wake County 20-CVS-8881) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 44 Notice of Appearance filed by Hilary Harris Klein on behalf of Lelia Bentley, Margaret B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League of Women Voters of North Carolina, Robert K. Priddy, II. (Klein, Hilary) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 43 Notice of Special Appearance for non-district by Sarah G. Boyce on behalf of All Defendants. (Boyce, Sarah) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 42 Notice of Appearance filed by Burton Craige on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Craige, Burton) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 41
Order Setting Hearings - Hearing set for 10/2/2020 at 05:00 PM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever, III on 10/2/2020. (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.]
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| Filing 40 MOTION for Leave to File Excess Pages filed by Philip E. Berger, Bobby Heath, Timothy K. Moore, Alan Swain, Maxine Whitley. (Attachments: #1 Exhibit Reply Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order, #2 Exhibit 1 Numbered Memo 2020-27, #3 Text of Proposed Order) (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 39 Financial Disclosure Statement by League of Women Voters of North Carolina (Riggs, Allison) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 38 Financial Disclosure Statement by Democracy North Carolina (Riggs, Allison) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 37 Notice of Appearance filed by Allison Jean Riggs on behalf of Lelia Bentley, Margaret B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League of Women Voters of North Carolina, Robert K. Priddy, II. (Riggs, Allison) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 36 Memorandum in Support regarding #35 MOTION to Intervene filed by Lelia Bentley, Margaret B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League of Women Voters of North Carolina, Robert K. Priddy, II. (Attachments: #1 Exhibit 1: PI Order in Democracy N.C., #2 Exhibit 2: Original Numbered Memo 2020-19, #3 Exhibit 3: Revised Numbered Memo 2020-19, #4 Exhibit 4: Redline of Numbered Memo 2020-19, #5 Exhibit 5: Status Conference Order in Democracy N.C., #6 Exhibit 6: Proposed Response to Plaintiffs' Motion for TRO, #7 Exhibit 7: Intervenor-Defendant Declarations, #8 Exhibit 8: Letters re Cure Process) (Riggs, Allison) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 35 MOTION to Intervene filed by Democracy North Carolina, League of Women Voters of North Carolina, Lelia Bentley, Margaret B. Cates, Robert K. Priddy, II, Regina Whitney Edwards, John P. Clark, Walter Hutchins. (Attachments: #1 Text of Proposed Order Exhibit 1: Proposed Order, #2 Exhibit 2: Proposed Motion to Dismiss, #3 Exhibit 3: Proposed Brief in support of Motion to Dismiss) (Riggs, Allison) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 34 Notice of Special Appearance for non-district by Uzoma N. Nkwonta on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Nkwonta, Uzoma) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 33 Notice of Special Appearance for non-district by Marc E. Elias on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Elias, Marc) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 32 Summons Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 31 RESPONSE in Opposition regarding #8 Emergency MOTION for Temporary Restraining Order filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta. (Attachments: #1 Exhibit 20202-0-20 Emergency Executive Order, #2 Exhibit Numbered Memo 2020-14, #3 Exhibit Raymond and Black Resignation Letters, #4 Exhibit 2020-09-15 Bench Memo, #5 Exhibit News and Observer Article) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 30 MOTION for Leave to File Oposition to Plaintiffs' Motion for Temporary Restraining Order filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: #1 Intervenors' Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order, #2 Declaration of Uzoma Nwonta, #3 Exhibit 1 -- DeJoy Complaint, #4 Exhibit 2 -- USPS Letter, #5 Exhibit 3 -- NC Alliance Amended Complaint, #6 Exhibit 4 -- DNC v. Bostelmann Order, #7 Exhibit 5 -- Martel Order, #8 Exhibit 6 -- Hearing Transcript, #9 Exhibit 7 -- Opposition to Consent Judgment, #10 Exhibit 8 -- Memo 2020-14, #11 Exhibit 9 -- Stringer Brief, #12 Exhibit 10 -- Memo 2020-19, #13 Exhibit 11 -- Bullock Order) (Ghosh, Narendra) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 29 Notice of Appearance filed by Narendra K. Ghosh on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Ghosh, Narendra) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 28 Memorandum in Support regarding #27 MOTION to Intervene as Defendants filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: #1 Exhibit 1 -- Joint Motion for Entry of Consent Judgment) (Ghosh, Narendra) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 27 MOTION to Intervene as Defendants filed by North Carolina Alliance for Retired Americans, Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, Caren Rabinowitz. (Attachments: #1 Exhibit 1 -- Joint Motion for Entry of Consent Judgment, #2 Exhibit 2 -- Proposed Answer) (Ghosh, Narendra) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 26
ORDER - The court DENIES defendants' motion to transfer venue [D.E. 14]. Defendants may submit a response to plaintiffs' motion for a temporary restraining order by 9:00 A.M. on Thursday, October 1, 2020. Plaintiffs may reply to defendants' response by 9:00 A.M. on Friday, October 2, 2020. Signed by District Judge James C. Dever, III on 9/30/2020. (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.]
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| Filing 25 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta regarding #24 Notice - other of Filing. (Attachments: #1 Exhibit 1 9-22-20 Email from Katelyn Love, #2 Exhibit 2 9-24-20 Email from Heather Ford) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 24 Notice filed by Philip E. Berger, Bobby Heath, Timothy K. Moore, Alan Swain, Maxine Whitley regarding #8 Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit Declaration of Linda Devore) (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 23 REPLY to Response to Motion regarding #14 MOTION to Transfer Case filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta. (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 22 Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 21 RESPONSE in Opposition regarding #14 MOTION to Transfer Case filed by Philip E. Berger, Bobby Heath, Timothy K. Moore, Alan Swain, Maxine Whitley. (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 20 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta of Filing. (Attachments: #1 Exhibit 1 Notice of Filing in Democracy NC v. NCSBE) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 19 Minute Entry for proceedings held in Raleigh, NC before District Judge James C. Dever, III: Status Conference held on 9/28/2020. All counsel present by videoconference. (Court Reporter Michelle McGirr) (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 18
Order Redesignating Division to Western Division. This case is redesignated as a Western Division case. The Honorable James C. Dever III, United States District Judge, will remain the presiding judge. All future documents should reflect the new case number of 5:20-CV-507-D. No further filings should be made in 4:20-CV-182-D. Signed by Peter A. Moore, Jr., Clerk of Court on 9/28/2020. (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.]
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Filing 17
Order Setting Hearings - Status Conference set for 9/28/2020 at 11:30 AM in Raleigh by video conference in the 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever, III on 9/28/2020. The Clerk's office will contact counsel via email with video conference instructions. (Stouch, L.) [Transferred from North Carolina Eastern on 10/5/2020.]
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| Filing 16 Notice of Related Case filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA . (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 15 Memorandum in Support regarding #14 MOTION to Transfer Case filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA. (Attachments: #1 Exhibit 1 Letter to Elaine Marshall) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 14 MOTION to Transfer Case filed by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, III, DAMON CIRCOSTA. (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing fee: $ 400.00, receipt number RAL080905. (Agiovlassitis, J.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 13 Notice of Appearance filed by Alexander McClure Peters on behalf of All Defendants. (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 12 Notice of Special Appearance for non-district by Peter A. Patterson on behalf of All Plaintiffs. (Patterson, Peter) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 11 Notice of Special Appearance for non-district by David H. Thompson on behalf of All Plaintiffs. (Thompson, David) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 10 Notice of Appearance filed by Nathan Andrew Huff on behalf of All Plaintiffs. (Huff, Nathan) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 9 Memorandum in Support regarding #8 Emergency MOTION for Temporary Restraining Order filed by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 8 Emergency MOTION for Temporary Restraining Order filed by PHILIP E. BERGER, BOBBY HEATH, TIMOTHY K. MOORE, ALAN SWAIN, MAXINE WHITLEY. (Attachments: #1 Text of Proposed Order) (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 7 Financial Disclosure Statement by ALAN SWAIN (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 6 Financial Disclosure Statement by MAXINE WHITLEY (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 5 Financial Disclosure Statement by BOBBY HEATH (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 4 Financial Disclosure Statement by PHILIP E. BERGER (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 3 Financial Disclosure Statement by TIMOTHY K. MOORE (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 2 Notice of Appearance filed by Nicole Jo Moss on behalf of All Plaintiffs. (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400.), filed by BOBBY HEATH, PHILIP E. BERGER, TIMOTHY K. MOORE, MAXINE WHITLEY, ALAN SWAIN. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Joint Motion for Consent Judgment in 20CVS8881 (Wake Cnty. Super. Ct. Sept. 22, 2020), #3 Exhibit 2 - Board of Elections Consent Judgment Press Release (Sept. 22, 2020), #4 Exhibit 3 - Numbered Memo 2020-19 (Aug. 21, 2020), #5 Exhibit 4 - Board of Elections Letter (Mar. 26, 2020), #6 Exhibit 5 - Hearing Transcript in 20-cv-0457 (MDNC July 21, 2020), #7 Exhibit 6 - Resignation Letter of David Black (Sept. 23, 2020), #8 Exhibit 7 - Resignation Letter of Ken Raymond (Sept. 23, 2020), #9 Exhibit 8 - Rules Review Commission Meeting Minutes (May 21, 2020), #10 Exhibit 9 - Amend. Compl. in 20-CVS-8881 (Wake Cnty. Super. Ct. Aug. 18, 2020), #11 Exhibit 10 - Amend. Compl. in 20-CVS-05615 (Wake Cnty. Super. Ct. July 8, 2020), #12 Exhibit 11 - Second Amend. Compl. in 20-cv-0457 (MDNC June 18, 2020), #13 Exhibit 12 - Decl. of Tomas Lopez in 20-cv-0457 (MDNC June 18, 2020), #14 Proposed Summons Damon Circosta, #15 Proposed Summons Stella Anderson, #16 Proposed Summons Jeff Carmon III, #17 Proposed Summons Karen Brinson Bell, #18 Civil Cover Sheet) (Moss, Nicole) [Transferred from North Carolina Eastern on 10/5/2020.] |
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