Case: Fisher-Borne v. Smith

1:12-cv-00589 | U.S. District Court for the Middle District of North Carolina

Filed Date: June 13, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 13, 2012, several same-sex couples filed a lawsuit in the Middle District of North Carolina, under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union, asked the court to declare that laws banning same-sex couples from participating in second-parent adoption violated the U.S. Constitution, direct the defendants to recognize same-sex out-of-state marriages, allow same-sex couples to enter into marriage in North Carolina,…

On June 13, 2012, several same-sex couples filed a lawsuit in the Middle District of North Carolina, under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union, asked the court to declare that laws banning same-sex couples from participating in second-parent adoption violated the U.S. Constitution, direct the defendants to recognize same-sex out-of-state marriages, allow same-sex couples to enter into marriage in North Carolina, and enjoin the defendants from enforcing any laws that prohibit same-sex marriage or adoption by same-sex couples.

The plaintiffs claimed that North Carolina's laws prohibiting same-sex marriage violated their rights under the Equal Protection and Due Process Clauses. Additionally, they alleged that the state's ban on same-sex marriages deprived the couples and minor children of the same flow of benefits (including medical benefits) that a different-sex couple would receive and obstructed their ability to build their family.

The plaintiffs filed an amended complaint on July 19, 2013, which the state moved to dismiss on Sept. 10 and 11, 2013. Meanwhile, the plaintiffs moved for preliminary injunction on Apr. 9, 2014, seeking to enjoin the state from denying recognition of valid same-sex marriages from other states.

On Oct. 9, 2014, North Carolina Speaker of the House of Representatives and the President Pro Tempore of the North Carolina Senate moved to intervene on behalf of themselves and their constituents. The court granted their motion five days later.

On Oct. 14, 2014, the court declared North Carolina's laws prohibiting same-sex marriage were unconstitutional in preventing in-state same-sex marriages as well as recognizing out-of-state same-sex marriages. The court enjoined the state from implementing or enforcing these laws. The court based its decision on precedent from the Fourth Circuit in Bostic v. McDonnell, which held a Virginia law banning same-sex marriage and making such marriages invalid violated the Fourteenth Amendment. The Supreme Court denied certiorari for that case. This court held that it was bound by decisions made in the circuit court above. 14 F. Supp. 3d 695.

The state appealed to the Fourth Circuit. On February 10, 2015, the court placed this case in abeyance pending the United States Supreme Court's decision in Obergefell v. Hodges.

On June 26, 2015, the Supreme Court of the United States declared, in an opinion by Justice Kennedy in reference to the case Obergefell v. Hodges, that the right to marry was fundamental. In the opinion, the Court held that it demeaned gay and lesbian couples to deprive them of access to marriage. The 14th Amendment therefore prohibited states from banning same-sex marriage. Justice Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a dissent.

On Aug. 12, 2015, pursuant to a motion for voluntary dismissal, the Fourth Circuit dismissed the appeal. The parties then litigated attorney's fees. The plaintiffs settled their attorney's fees with the intervenors for $44,501.36. The plaintiffs indicated that they sought $254,720.00 in attorney's fees from the defendants. There is no further docket activity after August 2017 to indicate the resolution of the remaining attorney's fees, though the case appears to be closed.

Summary Authors

Megan Dolan (11/9/2015)

Virginia Weeks (3/9/2018)

Related Cases

Bostic v. McDonnell, Eastern District of Virginia (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4304339/parties/fisher-borne-v-smith/


Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Bradley, Catherine M (New York)

Brook, Christopher (North Carolina)

Castleman, David A (New York)

Esseks, James Dixon (New York)

Falcone, Jeremy M (North Carolina)

Gill, Elizabeth O. (California)

Kleysteuber, William R. A. (New York)

Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Bradley, Catherine M (New York)

Brook, Christopher (North Carolina)

Castleman, David A (New York)

Esseks, James Dixon (New York)

Falcone, Jeremy M (North Carolina)

Gill, Elizabeth O. (California)

Kleysteuber, William R. A. (New York)

Meyler, Daniel W (New York)

O'Donnell, Patrick P. (District of Columbia)

Richardson, Amy E. (North Carolina)

Sasser, Jonathan D (North Carolina)

Saxe, Rose A. (New York)

Whitehead, Charles Gibson (North Carolina)

Attorneys(s) for Defendant

Balentine, Grady L. Jr. (North Carolina)

Bullock, Mabel Y (North Carolina)

Everett-Perry, Kathy R. (North Carolina)

Johnson, Noel H. (Indiana)

Payne, John M. (New Jersey)

Potter, Robert Daniel (North Carolina)

Vanderhulst, Joseph A. (Indiana)

Vysotskaya de Brito, Olga Eugenia (North Carolina)

Other Attorney(s)

Eastman, John C. (California)

Documents in the Clearinghouse

Document

1:12-cv-00589

Docket [PACER]

Aug. 1, 2017

Aug. 1, 2017

Docket
1

1:12-cv-00589

Complaint

June 13, 2012

June 13, 2012

Complaint
40

1:12-cv-00589

First Amended Complaint

July 19, 2013

July 19, 2013

Complaint
97

1:12-cv-00589

Recommendation of United States Magistrate Judge

June 2, 2014

June 2, 2014

Magistrate Report/Recommendation
138

1:12-cv-00589

Amended Order

Oct. 15, 2014

Oct. 15, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304339/fisher-borne-v-smith/

Last updated Aug. 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JOHN W. SMITH, THE HONORABLE DAVID L. CHURCHILL, THE HONORABLE ARCHIE L. SMITH III, (Filing fee $350 receipt number 0418-1131178), filed by MARCIE FISHER-BORNE, CHANTELLE FISHER-BORNE, TERRI BECK, LESLIE ZANAGLIO, SHANA CARIGNAN, MEGAN PARKER, LEIGH SMITH, CRYSTAL HENDRIX, DANA DRAA, LEE KNIGHT CAFFERY, SHAWN LONG, CRAIG JOHNSON. (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

RECAP
2

PETITION for Appointment of Guardian Ad Litem for M.F.-B. re 1 Complaint, filed by Plaintiff Marcie Fisher-Borne. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
3

PETITION for Appointment of Guardian Ad Litem for E.F.-B. re 1 Complaint, filed by Plaintiff Chantelle Fisher-Borne. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
4

PETITION for Appointment of Guardian Ad Litem for T.B.Z. re 1 Complaint, filed by Plaintiff LESLIE ZANAGLIO. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
5

PETITION for Appointment of Guardian Ad Litem for D.B.Z. re 1 Complaint, filed by Plaintiff LESLIE ZANAGLIO. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
6

PETITION for Appointment of Guardian Ad Litem for J.C. re 1 Complaint, filed by Plaintiff MEGAN PARKER. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
7

PETITION for Appointment of Guardian Ad Litem for J.H.-S. re 1 Complaint, filed by Plaintiff CRYSTAL HENDRIX. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
8

PETITION for Appointment of Guardian Ad Litem for M.M.C.D. re 1 Complaint, filed by Plaintiff LEE KNIGHT CAFFERY. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
9

PETITION for Appointment of Guardian Ad Litem for M.L.C.D. re 1 Complaint,, filed by Plaintiff LEE KNIGHT CAFFERY. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

RECAP
10

PETITION for Appointment of Guardian Ad Litem for I.J.-L. re 1 Complaint,, filed by Plaintiff CRAIG JOHNSON. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 06/13/2012)

1 Text of Proposed Order

View on PACER

June 13, 2012

June 13, 2012

PACER
11

Summons Issued as to JOHN W. SMITH, DAVID L. CHURCHILL, ARCHIE L. SMITH III. (Attachments: # 1 Summons for David Churchill, # 2 Summons for Archie Smith, III) (Garland, Leah) (Entered: 06/13/2012)

1 Summons for David Churchill

View on PACER

2 Summons for Archie Smith, III

View on PACER

June 13, 2012

June 13, 2012

PACER
12

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Garland, Leah) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
13

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (BROOK, CHRISTOPHER) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
14

NOTICE of Appearance by attorney MABEL Y. BULLOCK on behalf of Defendants DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III (BULLOCK, MABEL) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
15

NOTICE of Appearance by attorney GRADY L. BALENTINE, JR on behalf of Defendants DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III (BALENTINE, GRADY) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
16

MOTION for Extension of Time to File Answer re 1 Complaint, by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (Attachments: # 1 Text of Proposed Order)(BULLOCK, MABEL) (Entered: 06/28/2012)

1 Text of Proposed Order

View on PACER

June 28, 2012

June 28, 2012

PACER
17

NOTICE of Appearance by attorney WILLIAM R. A. KLEYSTEUBER on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (KLEYSTEUBER, WILLIAM) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
18

NOTICE of Appearance by attorney GARRARD R. BEENEY on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (BEENEY, GARRARD) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
19

NOTICE of Appearance by attorney DANIEL W. MEYLER on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (MEYLER, DANIEL) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
20

NOTICE of Appearance by attorney JAMES D. ESSEKS on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (ESSEKS, JAMES) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
21

NOTICE of Appearance by attorney DAVID A. CASTLEMAN on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (CASTLEMAN, DAVID) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
22

NOTICE of Appearance by attorney CATHERINE M. BRADLEY on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (BRADLEY, CATHERINE) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
23

NOTICE of Appearance by attorney ELIZABETH O. GILL on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (GILL, ELIZABETH) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
24

NOTICE of Appearance by attorney ROSE A. SAXE on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (SAXE, ROSE) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

RECAP
25

NOTICE of Appearance by attorney JEREMY M. FALCONE on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (FALCONE, JEREMY) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
26

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/30/12, that the Petitions [Doc. # 2, # 3, # 4, # 5, # 6, # 7, # 8, # 9, # 10 ] are GRANTED to the extent that Marcie Fisher-Borne is authorized to prosecute this civil action on behalf of minor M.F.-B.; Chantelle Fisher-Borne is authorized to prosecute this civil action on behalf of minor E.F.-B.; Leslie Zanaglio is authorized to prosecute this civil action on behalf of minor T.B.Z. and minor D.B.Z.; Megan Parker is authorized to prosecute this civil action on behalf of minor J.C.; Crystal Hendrix is authorized to prosecute this civil action on behalf of minor J.H.-S.; Lee Knight Caffrey is authorized to prosecute this civil action on behalf of minor M.M.C.-D. and minor M.L.C.-D.; and Craig Johnson is authorized to prosecute this civil action on behalf of minor I.J.-L. (Law, Trina) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
27

MOTION TO DISMISS 1 COMPLAINT filed by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (BULLOCK, MABEL) Modified on 8/7/2012 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

RECAP
28

MEMORANDUM OF LAW IN SUPPORT OF 27 MOTION TO DISMISS 1 COMPLAINT filed by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (BULLOCK, MABEL) Modified on 8/7/2012 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

RECAP
29

Consent MOTION for Extension of Time to File Response as to 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 Memorandum by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Text of Proposed Order)(FALCONE, JEREMY) (Entered: 08/23/2012)

1 Text of Proposed Order

View on PACER

Aug. 23, 2012

Aug. 23, 2012

PACER
30

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/28/12, that Plaintiffs' Consent Motion for Extension of Time to Respond to Motion to Dismiss [Doc. # 29 ] is GRANTED and Plaintiff has to and including September 20, 2012, within which to file a response. Responses due by 9/20/2012. (Law, Trina) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER
31

Consent MOTION for Leave to File Excess Pages to Respond to Defendants' Motion to Dismiss by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 09/17/2012)

1 Text of Proposed Order

View on PACER

Sept. 17, 2012

Sept. 17, 2012

PACER
32

MEMORANDUM in Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Replies due by 10/9/2012. (SASSER, JONATHAN) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
33

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/24/12, that Plaintiff's Consent Motion for Extension of Page Limit to Respond to Defendants' Motion to Dismiss [Doc. # 31 ] is GRANTED, and Plaintiffs are permitted to file a Response Brief of up to 25 pages in response to Defendants' Motion to Dismiss. (Law, Trina) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
34

REPLY to Response to 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (BULLOCK, MABEL) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
35

Suggestion of Subsequently Decided Authority re 32 Response in Opposition to Motion, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit Decision)(SASSER, JONATHAN) (Entered: 10/19/2012)

1 Exhibit Decision

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Oct. 19, 2012

Oct. 19, 2012

PACER
36

Notice to Parties RE: SO30. Responses due by 2/19/2013 (Winchester, Robin) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
37

Suggestion of Subsequently Decided Authority re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (SASSER, JONATHAN) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
38

Consent MOTION to Amend 1 Complaint by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Responses due by 8/5/2013. (Attachments: # 1 Exhibit A - Proposed Amended Complaint, # 2 Text of Proposed Order) (SASSER, JONATHAN) Modified on 7/15/2013 to add text. (Lloyd, Donna) (Entered: 07/12/2013)

1 Exhibit A. Proposed Amended Complaint

View on RECAP

2 Text of Proposed Order

View on RECAP

July 12, 2013

July 12, 2013

RECAP
39

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/19/2013, that Plaintiffs' Motion to Amend the Complaint [Doc. # 38 ] is GRANTED, and Plaintiffs shall promptly file and serve the First Amended Complaint attached as Exhibit A to their Motion. (Lloyd, Donna) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
40

First AMENDED COMPLAINT against defendant DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III, ROY COOPER, William Covington, Jeff Thigpen, filed by LESLIE ZANAGLIO, LEIGH SMITH, SHANA CARIGNAN, CRYSTAL HENDRIX, CHANTELLE FISHER-BORNE, DANA DRAA, LEE KNIGHT CAFFERY, MARCIE FISHER-BORNE, SHAWN LONG, MEGAN PARKER, CRAIG JOHNSON, TERRI BECK.(SASSER, JONATHAN) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
41

Summons Issued as to ROY COOPER, WILLIAM COVINGTON, JEFF THIGPEN. (Attachments: # 1 Summons to William Covington, # 2 Summons to Jeff Thigpen) (Garland, Leah) (Entered: 07/22/2013)

1 Summons to William Covington

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2 Summons to Jeff Thigpen

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July 22, 2013

July 22, 2013

PACER
42

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. OLGA E. VYSOTSKAYA DE BRITO is substituted as counsel for Defendants. Attorney GRADY L. BALENTINE, JR terminated. Special Deputy Attorney General, Charles G. Whitehead, is also substituted and appears as counsel for the above Defendants. Notice of Appearance is attached. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
43

MOTION for Extension of Time To File Motion to Answer or Otherwise Respond to the 40 First Amended Complaint until September 4, 2013, by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (Attachments: # 1 Text of Proposed Order) (VYSOTSKAYA DE BRITO, OLGA) Modified on 8/7/2013 to remove duplicate text. (Lloyd, Donna) (Entered: 08/05/2013)

1 Text of Proposed Order

View on PACER

Aug. 5, 2013

Aug. 5, 2013

PACER
44

NOTICE of Appearance by attorney CHARLES GIBSON WHITEHEAD on behalf of Defendants DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. (WHITEHEAD, CHARLES) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
45

*** DOCUMENT STRICKEN *** MOTION TO DISMISS FIRST 40 AMENDED COMPLAINT by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. Responses due by 8/29/2013. (VYSOTSKAYA DE BRITO, OLGA) Modified on 8/6/2013 to edit text. (Lloyd, Donna) Modified on 8/7/2013 to reflect document stricken. See 48 Order for Court's ruling. (Lloyd, Donna) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

RECAP
46

MOTION FOR EXTENSION OF TIME TO FILE A BRIEF IN SUPPORT OF 45 MOTION TO DISMISS 40 FIRST AMENDED COMPLAINT filed by DAVID L. CHURCHILL, JOHN W. SMITH, ARCHIE L. SMITH III. (Attachments: # 1 Text of Proposed Order) (VYSOTSKAYA DE BRITO, OLGA) Modified on 8/6/2013 to edit text. (Lloyd, Donna) (Entered: 08/05/2013)

1 Text of Proposed Order

View on PACER

Aug. 5, 2013

Aug. 5, 2013

PACER
47

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/6/2013, that Defendants John W. Smith, The Honorable David L. Churchill, and The Honorable Archie L. Smith III's Motion for Extension of Time to Answer or otherwise Respond to the First Amended Complaint [Doc. # 43 ] is GRANTED, and these Defendants have to and including September 4, 2013, within which to Answer or otherwise respond to Plaintiffs' First Amended Complaint. Answer due by 9/4/2013. (Lloyd, Donna) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

RECAP
48

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/7/2013, that Defendants John W. Smith, The Honorable David L. Churchill, and The Honorable Archie L. Smith III's Motion to Dismiss First Amended Complaint [Doc. # 45 ] is STRICKEN without prejudice to Defendants refiling their Motion to Dismiss accompanied by a supporting brief by September 4, 2013. FURTHER, that Defendants' Motion for Extension of Time to File a Brief in Support of Motion to Dismiss First Amended Complaint [Doc. # 46 ] is DENIED as moot. Defendants' Dispositive Motion due by 9/4/2013. (Lloyd, Donna) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

RECAP
49

SUMMONS Returned Executed by LEIGH SMITH, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, SHAWN LONG, LESLIE ZANAGLIO, SHANA CARIGNAN, CRYSTAL HENDRIX, LEE KNIGHT CAFFERY, DANA DRAA, CRAIG JOHNSON, MEGAN PARKER, TERRI BECK as to JEFF THIGPEN served on 7/29/2013, answer due 8/19/2013. (SASSER, JONATHAN) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
50

SUMMONS Returned Executed by LEIGH SMITH, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, SHAWN LONG, LESLIE ZANAGLIO, SHANA CARIGNAN, CRYSTAL HENDRIX, LEE KNIGHT CAFFERY, DANA DRAA, CRAIG JOHNSON, MEGAN PARKER, TERRI BECK as to WILLIAM COVINGTON served on 7/30/2013, answer due 8/20/2013. (SASSER, JONATHAN) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
51

NOTICE of Appearance by attorney KATHY R. EVERETT-PERRY on behalf of Defendant WILLIAM COVINGTON (EVERETT-PERRY, KATHY) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
52

First MOTION for Extension of Time to File Answer re 40 Amended Complaint, by WILLIAM COVINGTON. (Attachments: # 1 Text of Proposed Order)(EVERETT-PERRY, KATHY) (Entered: 08/12/2013)

1 Text of Proposed Order

View on PACER

Aug. 12, 2013

Aug. 12, 2013

PACER
53

ACKNOWLEDGEMENT OF SERVICE of summons and complaint sent by electronic means only by Defendant ROY COOPER on 08/05/2013 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
54

CERTIFICATE OF SERVICE by ROY COOPER re 53 Acknowledgment of Service (VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
55

First MOTION for Extension of Time to File Answer to First Amended Complaint by JEFF THIGPEN. (Attachments: # 1 Text of Proposed Order)(PAYNE, JOHN) (Entered: 08/13/2013)

1 Text of Proposed Order

View on PACER

Aug. 13, 2013

Aug. 13, 2013

PACER
56

Consent MOTION for Extension of Time and for a Scheduling Order by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 08/14/2013)

1 Text of Proposed Order

View on PACER

Aug. 14, 2013

Aug. 14, 2013

PACER
57

NOTICE of Appearance by attorney MABEL Y. BULLOCK on behalf of Defendant ROY COOPER. (BULLOCK, MABEL) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
58

Consent MOTION to Modify the Case Caption by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Responses due by 9/19/2013 (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 08/26/2013)

1 Text of Proposed Order

View on PACER

Aug. 26, 2013

Aug. 26, 2013

PACER
59

Telephone Notice held on 8/27/2013 with Attorney Sasser as to 58 amending caption as to William Covington. Amended Motion forthcoming. (Powell, Gloria) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
60

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/27/2013, granting 56 Motion for Extension of Time for a Scheduling Order; that Plaintiffs' Consent Motion for Scheduling Order [Doc. # 56 ] is GRANTED, and the following briefing schedule is established: All Defendants answer or otherwise respond to the First Amended Complaint due September 11, 2013; Plaintiffs' opposition to any motions due October 15, 2013; Moving Defendants' replies due November 15, 2013. (Lloyd, Donna) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

RECAP
61

Amended MOTION to Modify the Case Caption with Consent by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Responses due by 9/20/2013 (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 08/27/2013)

1 Text of Proposed Order

View on PACER

Aug. 27, 2013

Aug. 27, 2013

PACER
62

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/29/2013, that Plaintiffs' Amended Consent Motion to Modify the Case Caption [Doc. # 61 ] is GRANTED, and the case caption is modified to name Mr. Covington correctly as "Willie Covington, in his official capacity as Register of Deeds for Durham County." (Lloyd, Donna) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
63

MOTION TO DISMISS PLAINTIFFS' 40 AMENDED COMPLAINT by WILLIE COVINGTON. (EVERETT-PERRY, KATHY) Modified on 9/11/2013 to edit text and add document link. (Lloyd, Donna) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

RECAP
64

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT COVINGTON'S 63 MOTION TO DISMISS PLAINTIFFS' 40 AMENDED COMPLAINT. (EVERETT-PERRY, KATHY) Modified on 9/11/2013 to edit text. (Lloyd, Donna) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
65

MOTION TO DISMISS PLAINTIFF'S 40 FIRST AMENDED COMPLAINT by DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. Responses due by 10/15/2013. (VYSOTSKAYA DE BRITO, OLGA) Modified on 9/12/2013 to edit text. (Lloyd, Donna) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

RECAP
66

STATE DEFENDANTS' BRIEF re 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . (VYSOTSKAYA DE BRITO, OLGA) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
67

ANSWER to 40 Amended Complaint by JEFF THIGPEN. (PAYNE, JOHN) Modified on 9/12/2013 to add document link. (Lloyd, Donna) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
68

Consent MOTION to Amend Caption with Respect to Defendant Roy Cooper and to Grant Motion to Intervene by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Responses due by 11/7/2013 (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 10/14/2013)

1 Text of Proposed Order

View on PACER

Oct. 14, 2013

Oct. 14, 2013

PACER
69

RESPONSE entitled "MEMORANDUM OF LAW" in Opposition to 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Replies due by 11/1/2013. (Attachments: # 1 Exhibit 1 - Darby, # 2 Exhibit 2 - Garden State) (SASSER, JONATHAN) Modified on 10/16/2013 to edit text. (Lloyd, Donna) (Entered: 10/15/2013)

1 Exhibit 1. Darby

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2 Exhibit 2. Garden State

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Oct. 15, 2013

Oct. 15, 2013

PACER
70

RESPONSE entitled "MEMORANDUM OF LAW" in Opposition to 63 MOTION to Dismiss for Lack of Jurisdiction and For Failure To State A Claim filed by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Replies due by 11/1/2013. (SASSER, JONATHAN) Modified on 10/16/2013 to edit text. (Lloyd, Donna) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

RECAP
71

REPLY to 70 RESPONSE to 63 MOTION to Dismiss for Lack of Jurisdiction and For Failure To State A Claim filed by WILLIE COVINGTON. (EVERETT-PERRY, KATHY) Modified on 11/15/2013 to edit text. (Lloyd, Donna) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

RECAP
72

REPLY BRIEF to 70 RESPONSE to 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. (VYSOTSKAYA DE BRITO, OLGA) Modified on 11/18/2013 to edit text. (Lloyd, Donna) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

RECAP
73

Suggestion of Subsequently Decided Authority re 69 Response in Opposition to Motion, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1. Whitewood v. Wolf)(FALCONE, JEREMY) (Entered: 11/20/2013)

1 Exhibit 1. Whitewood v. Wolf

View on PACER

Nov. 20, 2013

Nov. 20, 2013

PACER
74

Suggestion of Subsequently Decided Authority re 69 Response in Opposition to Motion, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1. Kitchen v. Herbert, # 2 Exhibit 2. Bishop v. US)(SASSER, JONATHAN) (Entered: 01/21/2014)

1 Exhibit 1. Kitchen v. Herbert

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2 Exhibit 2. Bishop v. US

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Jan. 21, 2014

Jan. 21, 2014

RECAP
75

MOTION FOR PRELIMINARY INJUNCTION - EXPEDITED REVIEW REQUESTED by SHANA CARIGNAN, MEGAN PARKER. Responses due by 5/5/2014. (SASSER, JONATHAN) Modified on 4/10/2014 to add text. (Lloyd, Donna) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
76

MEMORANDUM OF LAW IN SUPPORT OF 75 MOTION FOR PRELIMINARY INJUNCTION - EXPEDITED REVIEW REQUESTED filed by SHANA CARIGNAN, MEGAN PARKER. (SASSER, JONATHAN) Modified on 4/10/2014 to edit text. (Lloyd, Donna) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
77

AFFIDAVIT IN SUPPORT OF 75 MOTION FOR PRELIMINARY INJUNCTION filed by MEGAN PARKER. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
78

AFFIDAVIT IN SUPPORT OF 75 MOTION FOR PRELIMINARY INJUNCTION filed by SHANA CARIGNAN. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
79

MOTION FOR EXPEDITED CONSIDERATION OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by SHANA CARIGNAN, MEGAN PARKER. (Attachments: # 1 Text of Proposed Order) (SASSER, JONATHAN) (Entered: 04/09/2014)

1 Text of Proposed Order

View on PACER

April 9, 2014

April 9, 2014

PACER
80

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 79 MOTION FOR EXPEDITED CONSIDERATION OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by SHANA CARIGNAN, MEGAN PARKER. (SASSER, JONATHAN) Modified on 4/10/2014 to edit text to accurately reflect to document title. (Lloyd, Donna) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
81

Consent MOTION to Withdraw as Attorney on behalf of DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III by MABEL BULLOCK. (Attachments: # 1 Text of Proposed Order) (BULLOCK, MABEL) Modified on 4/10/2014 to add text. (Lloyd, Donna) (Entered: 04/09/2014)

1 Text of Proposed Order

View on PACER

April 9, 2014

April 9, 2014

PACER
82

CERTIFICATE OF SERVICE by SHANA CARIGNAN, MEGAN PARKER re 78 Affidavit in Support of Motion, 77 Affidavit in Support of Motion (SASSER, JONATHAN) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
83

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/11/2014, that Plaintiffs' Motion to Expedite Briefing (doc. 79 ) is GRANTED IN PART to the extent that Defendants' response to Plaintiffs' Motion for Preliminary Injunction must be filed on or before April 28, 2014, and Plaintiffs' reply must be filed on or before May 5, 2014. As noted above, the briefs should specifically address whether consideration of Plaintiffs' Motion for Preliminary Injunction should be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014). (Lloyd, Donna) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
84

MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED - filed by DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. Responses due by 5/5/2014. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/14/2014 to edit text. (Lloyd, Donna) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
85

BRIEF IN SUPPORT OF 84 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED. (Attachments: # 1 Exhibit A - recent stay issued by the U.S. Supreme Court) (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/14/2014 to edit text. (Lloyd, Donna) (Entered: 04/11/2014)

1 Exhibit A - recent stay issued by the U.S. Supreme Court

View on PACER

April 11, 2014

April 11, 2014

PACER
86

NOTICE of Appearance by attorney AMY E. RICHARDSON on behalf of Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO (RICHARDSON, AMY) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
87

Additional Attachment (Text of Proposed Order) to 84 MOTION to Stay Proceedings (Expedited Review Requested). (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/28/2014 to edit text. (Lloyd, Donna) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

PACER
88

RESPONSE in Opposition re 75 MOTION for Preliminary Injunction filed by DAVID L. CHURCHILL, ROY COOPER, JOHN W. SMITH, ARCHIE L. SMITH III. Replies due by 5/5/2014. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
89

RESPONSE to 75 MOTION for Preliminary Injunction and 84 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED entitled "MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND IN SUPPORT OF STATE DEFENDANTS MOTION TO STAY THE PROCEEDINGS" filed by WILLIE COVINGTON. Replies due by 5/5/2014. (EVERETT-PERRY, KATHY) Modified on 4/29/2014 to edit text. (Lloyd, Donna) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
90

NOTICE of Change of Address by AMY E. RICHARDSON (RICHARDSON, AMY) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
91

CONSOLIDATED MEMORANDUM OF LAW IN SUPPORT OF 75 MOTION FOR PRELIMINARY INJUNCTION - EXPEDITED REVIEW REQUESTED AND IN OPPOSITION TO DEFENDANTS' 84 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED filed by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (RICHARDSON, AMY) Modified on 5/6/2014 to edit text. (Lloyd, Donna) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
92

Suggestion of Subsequently Decided Authority by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1 - Baskin v. Bogan) (RICHARDSON, AMY) Modified on 5/9/2014 to remove duplicate text. (Lloyd, Donna) (Entered: 05/08/2014)

1 Exhibit 1 - Baskin v. Bogan

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May 8, 2014

May 8, 2014

PACER
93

Suggestion of Subsequently Decided Authority re 91 Memorandum, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1- Evans v. Utah)(RICHARDSON, AMY) (Entered: 05/21/2014)

1 Exhibit 1- Evans v. Utah

View on PACER

May 21, 2014

May 21, 2014

PACER
94

Suggestion of Subsequently Decided Authority re 91 Memorandum, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1- Whitewood v. Kitzhaber)(RICHARDSON, AMY) (Entered: 05/21/2014)

1 Exhibit 1- Whitewood v. Kitzhaber

View on PACER

May 21, 2014

May 21, 2014

PACER
95

Suggestion of Subsequently Decided Authority re 91 Memorandum, by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. (Attachments: # 1 Exhibit 1- Gieger v. Kitzhaber)(RICHARDSON, AMY) (Entered: 05/21/2014)

1 Exhibit 1- Gieger v. Kitzhaber

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May 21, 2014

May 21, 2014

PACER
96

REPLY to 91 RESPONSE IN OPPOSITION TO 84 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED W. SMITH. (Attachments: # 1 Exhibit A - McCrory v. State, # 2 Exhibit B - Latta v. Otter) (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/27/2014 to edit text. (Lloyd, Donna) (Entered: 05/22/2014)

1 Exhibit McCrory v. State

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2 Exhibit Latta v. Otter

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May 22, 2014

May 22, 2014

PACER
97

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 6/2/2014, RECOMMENDING that the Motion to Stay (Doc. # 84 ) be GRANTED, that all proceedings in this case, including consideration of Defendants' pending Motions to Dismiss and Plaintiffs' Motion for Preliminary Injunction, be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014), and that the parties be directed to notify the Court in writing of their position on the course of future proceedings within 10 days following issuance of a decision by the Court of Appeals for the Fourth Circuit in Bostic. (Daniel, J) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
98

Notice of Mailing Recommendation. Objections to R&R due by 6/19/2014. (Daniel, J) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
99

OBJECTION TO 97 RECOMMENDED RULING - MAGISTRATE JUDGE filed by Plaintiffs TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE, MARCIE FISHER-BORNE, CRYSTAL HENDRIX, CRAIG JOHNSON, SHAWN LONG, MEGAN PARKER, LEIGH SMITH, LESLIE ZANAGLIO. Response to Objections to R&R due by 6/30/2014. (RICHARDSON, AMY) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
100

RESPONSE TO 99 OBJECTION to 97 RECOMMENDATION filed by DAVID L. CHURCHILL, ROY COOPER, ARCHIE L. SMITH, III, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: June 13, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several same-sex couples residing in North Carolina who wish to have a state-recognized marriage.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of North Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Voluntary Dismissal

Amount Defendant Pays: 44,501.36

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Adoption

Marriage

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male