WISE et al v. NORTH CAROLINA STATE BOARD OF ELECTIONS et al
| NORTH CAROLINA REPUBLICAN PARTY, DONALD J. TRUMP FOR PRESIDENT, INC., DANIEL BISHOP, REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, SAMUEL GRAYSON BAUM, PATSY J. WISE, GREGORY F. MURPHY, CAMILLE ANNETTE BAMBINI, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE and REGIS CLIFFORD |
| KAREN BRINSON BELL, NORTH CAROLINA STATE BOARD OF ELECTIONS, JEFF CARMON, 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, NORTH CAROLINA ALLIANCE FOR RETIRED AMERICANS, The League of Women Voters of North Carolina, BARKER FOWLER, WALTER HUTCHINS and LELIA BENTLEY |
| 1:2020cv00912 |
| October 5, 2020 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 70 SUPREME COURT ORDER: The application for injunctive relief presented to The Chief Justice and by him referred to the Court is denied. (Supreme Court #20A71) (Garland, Leah) |
| Filing 69 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 68 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 67 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 66 NOTICE of Docketing Record on Appeal from USCA re #64 Notice of Appeal, filed by ROBERT K. PRIDDY, II, DEMOCRACY NORTH CAROLINA, JOHN P. CLARK, MARGARET B. CATES, The League of Women Voters of North Carolina, WALTER HUTCHINS, LELIA BENTLEY, REGINA WHITNEY EDWARDS. USCA Case Manager: Jeffrey Neal. USCA Case Number 20-2119. (Garland, Leah) |
| Filing 65 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #64 Notice of Appeal. (Garland, Leah) |
| Filing 64 NOTICE OF APPEAL as to #55 Order on Motion to Intervene by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina. Filing fee $ 505, receipt number 0418-2913654. (VARGHESE, GEORGE) |
Filing 63
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 62 Corrected document re #58 Memorandum,,,. (BURCHFIELD, BOBBY) |
| Filing 61 NOTICE of Docketing Record on Appeal from USCA re #59 Notice of Appeal, filed by DANIEL BISHOP, REGIS CLIFFORD, GREGORY F. MURPHY, NORTH CAROLINA REPUBLICAN PARTY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, DONALD J. TRUMP FOR PRESIDENT, INC., NATIONAL REPUBLICAN SENATORIAL COMMITTEE, CAMILLE ANNETTE BAMBINI, REPUBLICAN NATIONAL COMMITTEE, SAMUEL GRAYSON BAUM, PATSY J. WISE. USCA Case Manager: Jeffrey Neal. USCA Case Number 20-2104. (Garland, Leah) |
| Filing 60 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #59 Notice of Appeal. (Garland, Leah) |
| Filing 59 NOTICE OF APPEAL as to #56 Memorandum Opinion and Order, by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. Filing fee $ 505, receipt number 0418-2912211. (BURCHFIELD, BOBBY) |
| Filing 58 MEMORANDUM filed by Plaintiffs CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE re #57 Emergency MOTION to Stay PENDING APPEAL, OR ALTERNATIVELY TO LEAVE THE TRO IN EFFECT PENDING APPEAL filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (BURCHFIELD, BOBBY) |
| Filing 57 Emergency MOTION to Stay PENDING APPEAL, OR ALTERNATIVELY TO LEAVE THE TRO IN EFFECT PENDING APPEAL by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. Response to Motion due by 11/5/2020 (Attachments: #1 Text of Proposed Order)(BURCHFIELD, BOBBY) |
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Filing 56
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 55
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 54 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 53 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 52 NOTICE by STELLA ANDERSON, KAREN BRINSON BELL, JEFF CARMON, DAMON CIRCOSTA, NORTH CAROLINA STATE BOARD OF ELECTIONS of Filing Transcript of Relevant State Court Proceedings (Attachments: #1 Exhibit A - Transcript of Hearing)(PETERS, ALEXANDER) |
| Filing 51 PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE (BURCHFIELD, BOBBY) |
| Filing 50 NOTICE of Attorney Appearance by attorney ALLISON JEAN RIGGS on behalf of Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina (RIGGS, ALLISON) |
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Filing 49
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. Attorney Bobby Burchfield 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 #43 MEMORANDUM IN SUPPORT of Plaintiffs' Motion to Convert the Temporary Restraining Order into a Preliminary Injunction re: (Doc. #60 Case No. 1:20cv911) Plaintiffs' Motion for Preliminary Injunction and Memorandum in Support. (Opinion forthcoming) (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Filing 48 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 0418-2908166) (MADDURI, LALITHA) Modified on 10/8/2020 to correct party affiliations. (Sheets, Jamie) |
| Filing 47 RESPONSE in Opposition re #43 Response,,, filed by DANIEL BISHOP, REGIS CLIFFORD, GREGORY F. MURPHY, NORTH CAROLINA REPUBLICAN PARTY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, DONALD J. TRUMP FOR PRESIDENT, INC., NATIONAL REPUBLICAN SENATORIAL COMMITTEE, CAMILLE ANNETTE BAMBINI, REPUBLICAN NATIONAL COMMITTEE, SAMUEL GRAYSON BAUM, PATSY J. WISE 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 -- Joint Mot. for Cons. J., #4 Exhibit 3 -- Alliance Mot. for PI, #5 Exhibit 4 -- USPS Letter, #6 Exhibit 5 -- Alliance Am. Comp., #7 Exhibit 6 -- FOF and COL for Order, #8 Exhibit 7 -- Executed Cons. J., #9 Exhibit 8 -- Martel Case)(GHOSH, NARENDRA) |
| Filing 46 RESPONSE re #43 Response,,, filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina. Replies due by 10/21/2020 (Attachments: #1 Exhibit 1 - Declaration of Candela Cerpa, #2 Exhibit 2 - Declaration of Talia Ray)(VARGHESE, GEORGE) |
| Filing 45 RESPONSE in Opposition re #43 Response,,, filed by DANIEL BISHOP, REGIS CLIFFORD, GREGORY F. MURPHY, NORTH CAROLINA REPUBLICAN PARTY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, DONALD J. TRUMP FOR PRESIDENT, INC., NATIONAL REPUBLICAN SENATORIAL COMMITTEE, CAMILLE ANNETTE BAMBINI, REPUBLICAN NATIONAL COMMITTEE, SAMUEL GRAYSON BAUM, PATSY J. WISE filed by JEFF CARMON. Replies due by 10/21/2020 (Attachments: #1 Exhibit A Emergency order, #2 Exhibit B Aug. 21 Memo, #3 Exhibit C DCSS 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) |
| 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 44 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2907278.) (AGUILERA, CECILIA) |
| Filing 43 MEMORANDUM IN SUPPORT of Plaintiffs' Motion to Convert the Temporary Restraining Order into a Preliminary Injunction filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT, INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. Replies due by 10/20/2020 (Attachments: #1 Exhibit Leland Declaration, #2 Exhibit 1 - Amended Alliance Complaint, #3 Exhibit 2 - Numbered Memo 2020-27, #4 Exhibit 3 - Numbered Memo 2020-28, #5 Exhibit 4 - Numbered Memo 2020-29, #6 Exhibit 5 - Devore Affidavit, #7 Exhibit 6 - Summa Declaration, #8 Exhibit 7 - Lockerbie Supplement)(BURCHFIELD, BOBBY) |
| Filing 42 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Intervenor Defendant DEMOCRACY NORTH CAROLINA. (VARGHESE, GEORGE) |
| Filing 41 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Intervenor Defendant The League of Women Voters of North Carolina. (VARGHESE, GEORGE) |
| Filing 40 NOTICE of Docketing Record on Appeal from USCA re #29 Notice of Appeal - TECA filed by KAREN BRINSON BELL, JEFF CARMON, DAMON CIRCOSTA, STELLA ANDERSON. USCA Case Manager: Jeffrey S. Neal. USCA Case Number 20-2063. (Garland, Leah) |
| Filing 39 BRIEF re #38 MOTION to Intervene as Defendants, by Intervenor Defendants LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina. (Attachments: #1 Exhibit 1 - Memorandum Opinion and Order, #2 Exhibit 2 - Memo 2020-19 (Original Version, Issued August 21, 2020), #3 Exhibit 3 - Memo 2020-19 (Revised Version, Issued September 22, 2020), #4 Exhibit 4 - Redline of Numbered Memo 2020-19, #5 Exhibit 5 - Order for Status Conference, #6 Exhibit 6 - Declarations of Individual Intervenors, #7 Exhibit 7 - August 12 and August 26, 2020 Letters)(VARGHESE, GEORGE) |
| Filing 38 MOTION to Intervene as Defendants, by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina. Response to Motion due by 10/26/2020 (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Proposed Motion to Dismiss, #3 Exhibit 3 - Proposed Memorandum in Support of Motion to Dismiss)(VARGHESE, GEORGE) |
| Filing 37 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2906468.) (KANTER COHEN, MICHELLE) |
| Filing 36 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2906457.) (SHERMAN, JONATHAN) |
| Filing 35 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2906321.) (LIN, STEPHANIE) |
| Filing 34 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2906295.) (LEE, REBECCA) |
| Filing 33 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, ROBERT K. PRIDDY, II, The League of Women Voters of North Carolina ( Filing fee $ 25 receipt number 0418-2906278.) (YU, JOSEPH) |
| Filing 32 NOTICE of Special Appearance by attorney GEORGE P. VARGHESE on behalf of Intervenor Defendants DEMOCRACY NORTH CAROLINA, The League of Women Voters of North Carolina, JOHN P. CLARK, MARGARET B. CATES, LELIA BENTLEY, REGINA WHITNEY EDWARDS, ROBERT K. PRIDDY, II, WALTER HUTCHINS ( Filing fee $ 25 receipt number 0418-2906185.) (VARGHESE, GEORGE) |
| Filing 31 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #29 Notice of Appeal - TECA. (Garland, Leah) |
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Filing 30
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 29 NOTICE OF APPEAL - TECA as to #25 Order on Motion for TRO, by STELLA ANDERSON, KAREN BRINSON BELL, DAMON CIRCOSTA, Jeff Carmon. Filing fee $ 505. (PETERS, ALEXANDER) |
| Filing 28 Case transferred in from District of North Carolina Eastern; Case Number 5:20-cv-00505. Original file certified copy of transfer order and docket sheet received. |
| 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) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (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) |
| 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) |
| Filing 26 OFFICIAL TRANSCRIPT of Proceedings held on October 2, 2020, before Judge James C. Dever III. Court Reporter/Transcriber Amy M. Condon. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (Condon, A.) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 25
ORDER granting #3 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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| NOTICE of Filing of Official Transcript #26 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 27 Minute Entry for proceedings held in Raleigh, NC before District Judge James C. Dever, III: Hearing held on 10/2/2020. Counsel present 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 24 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections 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 23 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 22 Memorandum in Support regarding #21 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) (Nkwonta, Uzoma) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 21 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-Proposed Answer, #2 Exhibit 2-Proposed Order) (Nkwonta, Uzoma) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 20 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 19 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 18 Notice of Special Appearance for non-district by Marc E. Elias on behalf of North Carolina Alliance for Retired Americans, Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, Caren Rabinowitz. (Elias, Marc) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 17
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 16 Notice of Special Appearance for non-district by Matthew M. Leland on behalf of All Plaintiffs. (Leland, Matthew) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 15 Notice of Special Appearance for non-district by Bobby R. Burchfield on behalf of All Plaintiffs. (Burchfield, Bobby) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 14 Memorandum in Opposition regarding #6 MOTION to Transfer Case filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Tobin, R.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 13 RESPONSE regarding #10 Notice - other filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Attachments: #1 Exhibit 1 - Original Numbered Memo 2020-19, #2 Exhibit 2 - Numbered Memo 2020-19 Redline) (Tobin, R.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 5:20-CV-505-D. Signed by Peter A. Moore, Jr., Clerk of Court on 9/29/2020. (Hockaday, A.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Motion No Longer Submitted to District Judge Richard E. Myers II: regarding #3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 12 Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) [Transferred from North Carolina Eastern on 10/5/2020.] |
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Filing 11
ORDER: The court has determined that expedited resolution of Defendants' motion to transfer venue [DE-6] is in the interest of justice. Plaintiffs are accordingly ORDERED to respond to Defendants' motion on or beforeSeptember 30, 2020, and Defendants are ORDERED file a reply to Plaintiffs' response on or before October 1, 2020. Signed by District Judge Richard E. Myers II on 9/28/2020. (Waddell, K.) [Transferred from North Carolina Eastern on 10/5/2020.]
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| Filing 10 Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections 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 9 Summons Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, 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 8 Notice of Related Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS . (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 7 Memorandum in Support regarding #6 MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Exhibit 1 Letter to Elaine Marshall) (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 6 MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Peters, Alexander) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| REMINDER TO COUNSEL regarding docket entries #1 and #4 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Motion Submitted to District Judge Richard E. Myers II regarding #3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Notice to Counsel regarding: #3 Motion for TRO. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 5 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 4 Memorandum in Support regarding #3 Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: #1 Leland Declaration, #2 Exhibit 1 - Chambers Order, #3 Exhibit 2 - Alliance Consent Judgment, #4 Exhibit 3 - Elias Tweet, #5 Exhibit 4 - Elias On the Docket Newsletter, #6 Exhibit 5 - Consent Judgment WVA League of Women Voters, #7 Exhibit 6- Consent Decree MN LaRose v. Simon, #8 Exhibit 7 - Settlement Agreement AZ Voto Latino, #9 Exhibit 8 - Compromise Settlement Agreement GA Dem Party of GA, #10 Exhibit 9 - Carter Baker Report, #11 Exhibit 10 - Morley Redlines Article, #12 Exhibit 11 - Jordan Wilkie Article, #13 Exhibit 12 - NC BOE Letter March 26, 2020, #14 Exhibit 13 - NC BOE Order, #15 Exhibit 14 - HB 1169 Voting Record, #16 Exhibit 15 - Dore Declaration, #17 Exhibit 16 - White Declaration, #18 Exhibit 17 - Dollar Declaration, #19 Exhibit 18 - Clark Declaration, #20 Exhibit 19 - Holder TIME Article, #21 Exhibit 20 - Numbered Memo 2020-19 Original, #22 Exhibit 21 - Wash. Post NC Ballots, #23 Exhibit 22 - BOE Absentee Data, #24 Exhibit 23 - Numbered Memo 2020-19 Revised, #25 Exhibit 24 - Numbered Memo 2020-22, #26 Exhibit 25 - Numbered Memo 2020-23, #27 Exhibit 26 - Mayer Deposition Transcript, #28 Exhibit 27 - Plunkett Affidavit, #29 Exhibit 28 - NC BOE Letter April 22, 2020, #30 Exhibit 29 - Kaufman CNN Article, #31 Exhibit 30 - Summa Declaration, #32 Exhibit 31 - Lockerbie Affidavit) (Tobin, R.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 3 Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: #1 Text of Proposed Order) (Tobin, R.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 2 Financial Disclosure Statement by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE (Tobin, R.) [Transferred from North Carolina Eastern on 10/5/2020.] |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number 0417-5641615.), filed by DANIEL BISHOP, SAMUEL GRAYSON BAUM, REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REGIS CLIFFORD, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, PATSY J. WISE, DONALD J. TRUMP FOR PRESIDENT INC., NORTH CAROLINA REPUBLICAN PARTY, CAMILLE ANNETTE BAMBINI, GREGORY F. MURPHY. (Attachments: #1 Exhibit 1- Plaintiffs' and Defendants' joint motion for entry of consent from state court case, #2 Exhibit 2- NC State Board of Election Memo 2020-19, #3 Exhibit 3- NC State Board of Elections Memo 2020-22, #4 Exhibit 4- NC State Board of Elections Memo 2020-23, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons) (Tobin, R.) Modified on 9/28/2020 to describe exhibits. (Rudd, D.) [Transferred from North Carolina Eastern on 10/5/2020.] |
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