GIFT SURPLUS, LLC v. STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR et al
| GIFT SURPLUS, LLC and NO LIMIT GAMES LLC |
| STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., ALCOHOL LAW ENFORCEMENT DIVISION and DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE |
| 1:2022cv00148 |
| February 22, 2022 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Motions Submitted: #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 41
REPLY, filed by Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR, to Response to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. (HENDERSON, TAMIKA)
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Filing 40
RESPONSE in Opposition re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, ALCOHOL LAW ENFORCEMENT DIVISION, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR filed by GIFT SURPLUS, LLC, NO LIMIT GAMES LLC. Replies due by 4/28/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(KANE, PATRICK)
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Filing 39
SUPPLEMENTAL BRIEF re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Order, by Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR filed by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. (BULLERI, MICHAEL)
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Filing 38
NOTICE of Rescheduling: Hearing on Motion for Preliminary Injunction and Motions to Dismiss set for 4/26/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
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Filing 37
NOTICE of Hearing: Hearing on Motion for Preliminary Injunction and Motion to Dismiss set for 4/20/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Hearing is subject to the Court's criminal docket. (Winchester, Robin)
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TEXT ORDER shortening response and reply deadline to Doc. #35 . Plaintiff's response to Doc. #35 due 4/14/22 and reply due 4/18/22. Issued by JUDGE CATHERINE C. EAGLES on 3/31/22. (Winchester, Robin)
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Reset Motion Response and Reply deadline re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Responses due by 4/14/2022. Replies due by 4/18/2022. See 3/31/22 Text Order (Winchester, Robin)
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Filing 36
MEMORANDUM filed by Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. (HENDERSON, TAMIKA)
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. Response to Motion due by 4/20/2022 (HENDERSON, TAMIKA)
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TEXT ORDER if Defendants wish to address their claim and issue preclusion and Rooker-Felman arguments in light of a new plaintiffs entry into the case, they may file a short brief no longer than 1000 words limited to that issue no later than April 6, 2022.Issued by JUDGE CATHERINE C. EAGLES on 3/29/2022. (Winchester, Robin) Modified on 3/29/2022 to correct brief deadline from May 6, 2022 to April 6, 2022 (Winchester, Robin).
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Filing 34
NOTICE OF JOINDER by Plaintiff NO LIMIT GAMES LLC JOINING #5 MOTION for Temporary Restraining Order and Preliminary Injunction (KANE, PATRICK)
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Filing 33
Corporate Disclosure Statement by Plaintiff NO LIMIT GAMES LLC. (KANE, PATRICK)
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Filing 32
REPLY, filed by Plaintiff GIFT SURPLUS, LLC, to Response to #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GIFT SURPLUS, LLC. (KANE, PATRICK)
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Filing 31
AMENDED COMPLAINT and Notice of Challenge to Constitutionality of State Statute against defendant ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR, filed by GIFT SURPLUS, LLC.(KANE, PATRICK)
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Filing 30
AFFIDAVIT OF SERVICE as to SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR. served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 29
RESPONSE Supplemental Response to Plaintiff's Motion for Preliminary Injunction filed by Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GIFT SURPLUS, LLC filed by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. (Attachments: #1 Exhibit Tribal Compact with State of North Carolina)(HENDERSON, TAMIKA)
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Filing 28
AFFIDAVIT OF SERVICE as to NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 27
AFFIDAVIT OF SERVICE as to DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 26
AFFIDAVIT OF SERVICE as to ALCOHOL LAW ENFORCEMENT DIVISION served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 25
AFFIDAVIT OF SERVICE as to JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 24
AFFIDAVIT OF SERVICE as to STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR served on 2/28/2022, answer due 3/21/2022. (Attachments: #1 Exhibit A)(KANE, PATRICK)
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Filing 23
ORDER signed by JUDGE CATHERINE C. EAGLES on 3/1/2022; that the plaintiff's motion for temporary restraining order, Doc. #5 , is DENIED. (Carter, Alexus)
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Filing 22
Transcript of Motion for Temporary Injunction Proceedings held on February 28, 2022, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 3/24/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 6/3/2022. (Calhoun, J.)
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Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES via Zoom Video Conference Motion Hearing held on 2/28/2022 re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GIFT SURPLUS, LLC. The Court denies #5 MOTION for Temporary Restraining Order for reasons stated on the record. Defendant's supplemental response due by 3/9/22 word limit 6000; Plaintiff's reply due by 3/16/22 word limit 4500. Attorneys Patrick Kane, Richard Coughlin and Elizabeth Sims Hedrick appeared as counsel for plaintiff. Attorney Tamika Henderson appeared as counsel for defendants. (Court Reporter Jane Allen.) (Winchester, Robin)
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Filing 21
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GIFT SURPLUS, LLC, #19 Brief filed by GIFT SURPLUS, LLC filed by ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR. (Attachments: #1 Exhibit State Trial Court Transcript Excerpts, #2 Exhibit News Reports)(HENDERSON, TAMIKA)
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Filing 20
NOTICE of Attorney Appearance by attorney TAMIKA HENDERSON on behalf of Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR (HENDERSON, TAMIKA)
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Filing 19
BRIEF re #5 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff GIFT SURPLUS, LLC filed by GIFT SURPLUS, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(KANE, PATRICK)
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Filing 18
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (BULLERI, MICHAEL)
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Filing 17
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA (BULLERI, MICHAEL)
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Filing 16
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR. (BULLERI, MICHAEL)
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Filing 15
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE (BULLERI, MICHAEL)
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Filing 14
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant ALCOHOL LAW ENFORCEMENT DIVISION (BULLERI, MICHAEL)
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Filing 13
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR (BULLERI, MICHAEL)
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Filing 12
NOTICE of Attorney Appearance by attorney MICHAEL E. BULLERI on behalf of Defendants ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR (BULLERI, MICHAEL)
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Filing 11
CERTIFICATE OF SERVICE by GIFT SURPLUS, LLC (COUGHLIN, RICHARD)
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Filing 10
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin)
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Filing 9
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus)
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Filing 8
Summons Issued as to All Defendants. (Attachments: #1 Summons - JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, #2 Summons - NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, #3 Summons - SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., #4 Summons - ALCOHOL LAW ENFORCEMENT DIVISION, #5 Summons - DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE) (Carter, Alexus)
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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. (Carter, Alexus)
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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus)
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TEXT ORDER that a hearing will be held on Plaintiff's Motion for Temporary Restraining Order [Doc. 5], on Monday February 28, 2022, at 11:00 a.m. in Greensboro Courtroom 3 via Zoom. The plaintiff shall immediately provide oral and written notice to the North Carolina Attorney General and no later than February 24, 2022, shall file a certificate of service as to the way such notice was provided. See Fed.R.Civ.P.65(b) issued by JUDGE CATHERINE C. EAGLES on 2/23/2022. (Winchester, Robin)
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Motions Submitted: #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #6 MOTION for Leave to Increase Word Limit for Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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TEXT ORDER upon review and due consideration, the motion to increase word limit, Doc. 6, is GRANTED in part and DENIED in part and the word limit is increased to 7000 words. The brief in support of the motion for temporary restraining order shall be filed in compliance with this word limit no later than February 24, 2022. Issued by JUDGE CATHERINE C. EAGLES on 2/23/2022.(Winchester, Robin)
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Set Video Conference Hearing: Motion Hearing via Zoom set for 2/28/2022 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Participates are required to log in no later than 15 minutes prior to start of the hearing. (Winchester, Robin)
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Filing 7
BRIEF re #6 MOTION for Leave to Increase Word Limit for Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff GIFT SURPLUS, LLC filed by GIFT SURPLUS, LLC. (KANE, PATRICK)
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Filing 6
MOTION for Leave to Increase Word Limit for Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction by GIFT SURPLUS, LLC. Responses due by 3/8/2022 (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(KANE, PATRICK)
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Filing 5
MOTION for Temporary Restraining Order and Preliminary Injunction by GIFT SURPLUS, LLC. Response to Motion due by 3/15/2022 (Attachments: #1 Text of Proposed Order)(KANE, PATRICK)
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Filing 4
Corporate Disclosure Statement by Plaintiff GIFT SURPLUS, LLC. (KANE, PATRICK)
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Filing 3
NOTICE of Attorney Appearance by attorney ELIZABETH SIMS HEDRICK on behalf of Plaintiff GIFT SURPLUS, LLC (HEDRICK, ELIZABETH)
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Filing 2
NOTICE of Attorney Appearance by attorney RICHARD A. COUGHLIN on behalf of Plaintiff GIFT SURPLUS, LLC (COUGHLIN, RICHARD)
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Filing 1
COMPLAINT against ALCOHOL LAW ENFORCEMENT DIVISION, DIRECTOR OF ALCOHOL LAW ENFORCEMENT DIVISION, BRYAN HOUSE, JOSHUA STEIN, ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF PUBLIC SAFETY, EDDIE M. BUFFALOE, JR., STATE OF NORTH CAROLINA EX REL. ROY COOPER, GOVERNOR ( Filing fee $ 402 receipt number ANCMDC-3241427.), filed by GIFT SURPLUS, LLC. (Attachments: #1 Exhibit A-Hest Preliminary Injunction, #2 Exhibit B-Onslow County Certified Judgment, #3 Exhibit C-Letters from Law Enforcement, #4 Exhibit D-Rejected Bills, #5 Exhibit E-State's New Brief)(KANE, PATRICK)
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