NORTH CAROLINA DEMOCRATIC PARTY et al v. NORTH CAROLINA STATE BOARD OF ELECTIONS et al
| NORTH CAROLINA DEMOCRATIC PARTY and DEMOCRATIC NATIONAL COMMITTEE |
| NORTH CAROLINA STATE BOARD OF ELECTIONS, KAREN BRINSON BELL, ALAN HIRSCH, JEFF CARMON, STACY EGGERS IV, KEVIN N. LEWIS and SIOBHAN O'DUFFY MILLEN |
| PHILIP E. BERGER, TIMOTHY K. MOORE, REPUBLICAN NATIONAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, VIRGINIA A. WASSERBERG and BRENDA M. ELDRIDGE |
| 1:2023cv00862 |
| October 10, 2023 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 59 NOTICE of Hearing: Oral Argument Hearing set for 12/28/2023 at 10:00 AM in Winston-Salem Courtroom #1 before JUDGE THOMAS D. SCHROEDER. (ae) |
| Motion Submitted to JUDGE THOMAS D. SCHROEDER: #6 MOTION for Preliminary Injunction. (ae) |
| Filing 58 REPLY, filed by Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY, to Response to #6 MOTION for Preliminary Injunction Consolidated Reply to Responses of Intervenors and State Board Defendants filed by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. (PHILLIPS, JIM) |
Filing 57
ORDER signed by JUDGE THOMAS D. SCHROEDER on 12/1/2023; that Plaintiffs have leave to file one omnibus reply in support of their motion for preliminary injunction (Doc. #6 ), not to exceed 4,000 words in length. (sh)
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| Filing 56 Consent MOTION for Leave to File Consolidated Reply Brief and for Relief from Word Count Limitation by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. Response to Motion due by 12/22/2023 (Attachments: #1 Text of Proposed Order)(ROBERTSON, WILLIAM) |
| Motion Submitted: #56 Consent MOTION for Leave to File Consolidated Reply Brief and for Relief from Word Count Limitation to JUDGE THOMAS D. SCHROEDER. (km) |
| Filing 55 NOTICE of Attorney Appearance by attorney ALEXANDRA M. BRADLEY on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (BRADLEY, ALEXANDRA) |
| Filing 54 DECLARATION of Counsel filed by Defendants KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS re #53 Response to Motion,, filed by KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Exhibit A - North Carolina Voter Registration Application, #2 Exhibit B - Numbered Memo 2016-15, #3 Exhibit C - Numbered Memo 2022-05, #4 Exhibit D - Numbered Memo 2018-07)(STEED, TERENCE) |
| Filing 53 RESPONSE filed by Defendants KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS re #6 MOTION for Preliminary Injunction filed by NORTH CAROLINA DEMOCRATIC PARTY, DEMOCRATIC NATIONAL COMMITTEE filed by KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS. Replies due by 12/4/2023 (STEED, TERENCE) |
| Filing 52 RESPONSE in Opposition to #6 MOTION for Preliminary Injunction, filed by PHILIP E. BERGER, TIMOTHY K. MOORE. Replies due by 12/4/2023. (Attachments: #1 Exhibit 1 - Numbered Memo 2016-15)(STRACH, PHILLIP) Modified on 11/21/2023 to correct docket text. (lg) |
| Filing 51 RESPONSE in Opposition to #6 MOTION for Preliminary Injunction, filed by BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG. Replies due by 12/4/2023. (Attachments: #1 Exhibit A - NCSBE Press Release)(THOMAS, PHILIP) Modified on 11/21/2023 to correct docket text. (lg) |
| Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Status Conference held on 11/15/2023. Attorney Seth Waxman present as counsel for the plaintiff. Attorneys Mary Babb and Terence Steed present as counsel for Defendants. Attorney Phillip Strach present as counsel for Intervenors. Parties agree response to Motion for Preliminary Injunction Doc. #6 due 11/20/2023. Parties shall stay within the page/word limitations pursuant to the L.R., if more is needed the appropriate motion should be filed. Answer to complaint due 1/16/2024. (Court Reporter Briana Chesnut.) (rw) Modified on 11/15/2023 to include word limitation (rw). Modified on 12/5/2023 to correct Answer due date. (ae) |
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Filing 50
ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/13/2023; that a status conference is hereby scheduled for November 15, 2023, at 3:00 p.m., in Winston-Salem, Courtroom # 1, at which time the court will take up the various concerns raised in the motions. (sh)
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| Motion Submitted: #49 MOTION for a Status Conference (Unopposed) to JUDGE THOMAS D. SCHROEDER. (km) |
| Set Hearing: Status Conference set for 11/15/2023 03:00 PM in Winston-Salem Courtroom #1. (sh) |
| Filing 49 MOTION for a Status Conference (Unopposed) by KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Text of Proposed Order)(STEED, TERENCE) |
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Filing 48
ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/06/2023, that the Movants' motion to expedite (Doc. #39 ) is GRANTED; and IT IS FURTHER ORDERED that Movants' motion to intervene (Doc. #35 ) is GRANTED. (Bowers, Alexis)
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Filing 47
ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/3/2023; that the Legislative Leaders' motion to expedite (Doc. #38 ) is GRANTED, and FURTHER ORDERED that the Legislative Leaders' motion to intervene (Doc. #31 ) is GRANTED. (Hicks, Samantha)
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| Filing 46 NOTICE of Special Appearance by attorney TREVOR M. STANLEY on behalf of Intervenor Defendants BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG ( Filing fee $ 25 receipt number ANCMDC-3691146.) (STANLEY, TREVOR) |
| Filing 45 NOTICE of Special Appearance by attorney PATRICK T LEWIS on behalf of Intervenor Defendants BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG ( Filing fee $ 25 receipt number ANCMDC-3690964.) (LEWIS, PATRICK) |
| Filing 44 NOTICE of Special Appearance by attorney RICHARD BRYAN RAILE on behalf of Intervenor Defendants BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG ( Filing fee $ 25 receipt number ANCMDC-3690074.) (RAILE, RICHARD) |
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Filing 43
ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/2/2023; that Defendants shall have up to and including November 16, 2023, to file a response to Plaintiffs' complaint and motion for preliminary injunction. (Hicks, Samantha)
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| Filing 42 NOTICE of Special Appearance by attorney RACHEL PALMER HOOPER on behalf of Intervenor Defendants BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG ( Filing fee $ 25 receipt number ANCMDC-3689753.) (HOOPER, RACHEL) |
| Filing 41 NOTICE of Special Appearance by attorney TYLER GEOFFREY DOYLE on behalf of Intervenor Defendants BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG ( Filing fee $ 25 receipt number ANCMDC-3689712.) (DOYLE, TYLER) |
| Answer updated for All Defendants. Answer due 11/16/2023. (Hicks, Samantha) |
| Filing 40 RESPONSE re Order, (Text Order ECF No. 39) filed by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. (ROBERTSON, WILLIAM) |
| Motions Submitted: #38 MOTION to Expedite Consideration of Motion to Intervene and #39 MOTION to Expedite Consideration of Motion to Intervene to JUDGE THOMAS D. SCHROEDER. (Marsh, Keah) |
| Motion Submitted: #37 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction , #1 Complaint (Unopposed Motion) to JUDGE THOMAS D. SCHROEDER. (Marsh, Keah) |
| Filing 39 MOTION to Expedite Consideration of Motion to Intervene by BRENDA M. ELDRIDGE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, VIRGINIA A. WASSERBERG. (THOMAS, PHILIP) |
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TEXT ORDER issued by JUDGE THOMAS D. SCHROEDER on 10/31/2023. IT IS HEREBY ORDERED that the plaintiff shall indicate whether they intend to file a response to #38 MOTION to Expedite Consideration of Motion to Intervene no later than 5pm on Wednesday, November 1, 2023. (Marsh, Keah)
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| Filing 38 MOTION to Expedite Consideration of Motion to Intervene by PHILIP E. BERGER, TIMOTHY K. MOORE. (STRACH, PHILLIP) |
| Filing 37 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction , #1 Complaint (Unopposed Motion) by KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: #1 Text of Proposed Order)(STEED, TERENCE) |
| Filing 36 MEMORANDUM re #35 MOTION to Intervene by Intervenor Defendants Brenda M. Eldridge, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, Virginia A. Wasserberg. (Attachments: #1 Exhibit A - Stein Statement in Opposition to SB747)(THOMAS, PHILIP) |
| Filing 35 MOTION to Intervene by Brenda M. Eldridge, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, Virginia A. Wasserberg. Response to Motion due by 11/16/2023 (Attachments: #1 Exhibit 1 - Proposed Answer)(THOMAS, PHILIP) |
| Filing 34 NOTICE of Attorney Appearance by attorney PHILIP R THOMAS on behalf of Intervenor Defendants REPUBLICAN NATIONAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, Virginia A. Wasserberg, Brenda M. Eldridge (THOMAS, PHILIP) |
| Answer updated for All Defendants to 11/2/2023. (Hicks, Samantha) |
| Filing 33 Declaration of Proof of Service served on All Defendants on October 12, 2023, filed by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. (Attachments: #1 Index of Exhibits, #2 Exhibit A - FedEx Delivery Confirmation for Alan Hirsch c/o Paul Cox, #3 Exhibit B - FedEx Delivery Confirmation for Alan Hirsch c/o Sarah Boyce, #4 Exhibit C - FedEx Delivery Confirmation for Jeff Carmon c/o Paul Cox, #5 Exhibit D - FedEx Delivery Confirmation for Jeff Carmon c/o Sarah Boyce, #6 Exhibit E - FedEx Delivery Confirmation for Karen Brinson Bell c/o Paul Cox, #7 Exhibit F - FedEx Delivery Confirmation for Karen Brinson Bell c/o Sarah Boyce, #8 Exhibit G - FedEx Delivery Confirmation for Kevin N. Lewis c/o Paul Cox, #9 Exhibit H - FedEx Delivery Confirmation for Kevin N. Lewis c/o Sarah Boyce, #10 Exhibit I - FedEx Delivery Confirmation for North Carolina State Board of Elections c/o Paul Cox, #11 Exhibit J - FedEx Delivery Confirmation for North Carolina State Board of Elections c/o Sarah Boyce, #12 Exhibit K - FedEx Delivery Confirmation for Siobhan ODuffy Millen c/o Paul Cox, #13 Exhibit L - FedEx Delivery Confirmation for Siobhan ODuffy Millen c/o Sarah Boyce, #14 Exhibit M - FedEx Delivery Confirmation for Stacy Eggers IV c/o Paul Cox, #15 Exhibit N - FedEx Delivery Confirmation for Stacy Eggers IV c/o Sarah Boyce)(ROBERTSON, WILLIAM) |
| Filing 32 MEMORANDUM filed by Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE re #31 MOTION to Intervene filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: #1 Exhibit 1 - Stein Tweet on S.B. 747, #2 Exhibit 2 - Stein Press Release, #3 Exhibit 3 - February 13, 2023 Letter)(STRACH, PHILLIP) |
| Filing 31 MOTION to Intervene by PHILIP E. BERGER, TIMOTHY K. MOORE. Response to Motion due by 11/6/2023 (Attachments: #1 Exhibit 1 - Proposed Answer)(STRACH, PHILLIP) |
| Filing 30 NOTICE of Attorney Appearance by attorney CASSIE A. HOLT on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (HOLT, CASSIE) |
| Filing 29 NOTICE of Attorney Appearance by attorney ALYSSA M. RIGGINS on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (RIGGINS, ALYSSA) |
| Filing 28 NOTICE of Attorney Appearance by attorney THOMAS A. FARR on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (FARR, THOMAS) |
| Filing 27 NOTICE of Attorney Appearance by attorney PHILLIP JOHN STRACH on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (STRACH, PHILLIP) |
| Filing 26 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 25 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 24 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 23 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 22 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 21 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 20 Corporate Disclosure Statement. (STEED, TERENCE) |
| Filing 19 NOTICE of Attorney Appearance by attorney TERENCE P. STEED on behalf of Defendants KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS (STEED, TERENCE) |
| Filing 18 NOTICE of Attorney Appearance by attorney MARY CARLA BABB on behalf of Defendants KAREN BRINSON BELL, JEFF CARMON, STACY EGGERS IV, ALAN HIRSCH, KEVIN N. LEWIS, SIOBHAN O'DUFFY MILLEN, NORTH CAROLINA STATE BOARD OF ELECTIONS (BABB, MARY) |
| Filing 17 NOTICE by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY re #1 Complaint Notice of Filing Exhibit A to Complaint (Attachments: #1 Exhibit A - Senate Bill 747)(ROBERTSON, WILLIAM) |
| Filing 16 NOTICE of Special Appearance by attorney GARY M. FOX on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY ( Filing fee $ 25 receipt number ANCMDC-3670741.) (FOX, GARY) |
| Filing 15 NOTICE of Special Appearance by attorney JOSEPH MEYER on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY ( Filing fee $ 25 receipt number ANCMDC-3670738.) (MEYER, JOSEPH) |
| Filing 14 NOTICE of Special Appearance by attorney CHRISTOPHER BABBITT on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY ( Filing fee $ 25 receipt number ANCMDC-3670731.) (BABBITT, CHRISTOPHER) |
| Filing 13 NOTICE of Special Appearance by attorney DANIEL VOLCHOK on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY ( Filing fee $ 25 receipt number ANCMDC-3670721.) (VOLCHOK, DANIEL) |
| Filing 12 NOTICE of Special Appearance by attorney SETH P. WAXMAN on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY ( Filing fee $ 25 receipt number ANCMDC-3670710.) (WAXMAN, SETH) |
| Filing 11 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction) (Lee, Ashley) |
| Filing 10 Summons Issued as to All Defendants. (Attachments: #1 Summons issued to Hirsch, #2 Summons issued to Cannon, #3 Summons issued to Cannon address 2, #4 Summons issued to Bell, #5 Summons issued to Bell address 2, #6 Summons issued to Lewis, #7 Summons issued to Lewis address 2, #8 Summons issued to NCSBE, #9 Summons issued to NCSBE 2, #10 Summons issued to Millen, #11 Summons issued to Millen address 2, #12 Summons issued to Eggers IV, #13 Summons issued to Eggers IV address 2) (Lee, Ashley) |
| Filing 9 NOTICE by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY re #7 Brief, Certificate of Word Count (ROBERTSON, WILLIAM) |
| Filing 8 NOTICE of Attorney Appearance by attorney JAMES WELDON WHALEN on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY (WHALEN, JAMES) (Main Document 8 replaced on 10/11/2023 with flattened document.) (Hicks, Samantha) |
| Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (Lee, Ashley) |
| Filing 7 BRIEF re #6 MOTION for Preliminary Injunction by Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY filed by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. (ROBERTSON, WILLIAM) |
| Filing 6 MOTION for Preliminary Injunction by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. Response to Motion due by 10/31/2023 (ROBERTSON, WILLIAM) |
| Filing 5 NOTICE of Attorney Appearance by attorney SHANA L. FULTON on behalf of Plaintiffs DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY (FULTON, SHANA) |
| Filing 4 NOTICE of Attorney Appearance by attorney JIM W. PHILLIPS, JR on behalf of Plaintiff DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY. (PHILLIPS, JIM) (Main Document 4 replaced on 10/11/2023 with flattened document and entry modified to include both parties represented by attorney.) (Hicks, Samantha) |
| Filing 3 Corporate Disclosure Statement. (ROBERTSON, WILLIAM) |
| Filing 2 Corporate Disclosure Statement. (ROBERTSON, WILLIAM) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3669710.), filed by DEMOCRATIC NATIONAL COMMITTEE, NORTH CAROLINA DEMOCRATIC PARTY.(ROBERTSON, WILLIAM) |
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