Case: Carcaño v. McCrory

1:16-cv-00236 | U.S. District Court for the Middle District of North Carolina

Filed Date: March 28, 2016

Closed Date: May 24, 2021

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Case Summary

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (“H.B. 2”), which was passed in March 23, 2016. For the others, see the related cases section below. On February 22, 2016, the Charlotte City Council passed Ordinance 7056, which prohibited discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. The city ordinance was set to take effect on April 1, 2016. In re…

On February 22, 2016, the Charlotte City Council passed Ordinance 7056, which prohibited discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. The city ordinance was set to take effect on April 1, 2016.

In response, on March 23, 2016, the North Carolina legislature held a special session and passed House Bill 2; it was signed that same day by North Carolina Governor Pat McCrory. HB2 prohibited municipalities in North Carolina from enacting antidiscrimination policies and removed the statutory and common law private right of action to enforce state antidiscrimination statutes in state courts. It also required that, in government buildings, individuals only be permitted to use restrooms and changing facilities that corresponded to the sex on their birth certificates. For many transgender people, this prevented them from using the restroom consistent with their gender identity. (In North Carolina, only people who undergo sex reassignment surgery can change the sex on their birth certificates; some other jurisdictions have even more restrictive rules.) In addition, the legislation changed the definition of sex in the state's antidiscrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate,” which prevented discrimination against transgender people from being classified as a type of sex discrimination.

On March 28, 2016, the ACLU and the Lambda Legal Defense Fund filed this complaint in the U.S. District Court for the Middle District of North Carolina, challenging the constitutionality and legality of HB2 under federal law. They sued under 42 U.S.C § 1983 and Title IX of the Education Amendments Act of 1972. Several transgender individuals, lesbian couples, the North Carolina Chapter of the ACLU, and the non-profit organization Equality North Carolina were the plaintiffs. They asked the court to declare most of HB2 unconstitutional or illegal under Title IX of the Educational Amendments Act of 1972; enjoin North Carolina from enforcing the illegal portions of HB2; and award plaintiffs costs, expenses, and attorneys’ fees. They also sought separate injunctive relief requiring the State of North Carolina to allow individuals to use single-sex facilities in accordance with their gender identity in public buildings, and requiring the state to allow local governments in North Carolina to enact and enforce antidiscrimination protections for LGBT people.

On May 25, 2016, Philip Berger, the President pro tempore of the North Carolina Senate, and Tim Moore, the Speaker of the North Carolina House of Representatives, moved to intervene as defendants. The Court granted the motion on June 3, 2016.

One of the defendants, the University of North Carolina, also asked the judge to stay proceedings against them pending the final resolution of the cases G.G v. Gloucester School Board and United States v. North Carolina. The G.G. case, was a Virginia case where a transgender student's high school denied him access to multi-occupancy, gender-segregated facilities that matched his gender identity. That case made it to the Fourth Circuit Court of Appeals, where the court found that the district court judge had erred both in his refusal to consider evidence favoring the plaintiff when he denied their motion for preliminary injunctive relief, and in his failure to give deference to the DOE’s interpretation of Title IX when granting the defendants’ motion for summary judgment. The Circuit then remanded the case to the district court judge, who granted a preliminary injunction. United States v. North Carolina is a case filed by the U.S. Department of Justice against the State of North Carolina in which the DOJ made many of the same legal arguments made by the plaintiffs in this case, which was also in an early stage of litigation.

On August 26, 2016, the court granted in part and denied in part the plaintiffs' motion for preliminary injunction. Judge Thomas D. Schroeder concluded that the individual plaintiffs suing under Title IX were likely to succeed on the merits, so he granted the injunction with respect to that claim. The court was unconvinced, however, that the plaintiffs would win on their Equal Protection claims and also reserved ruling on the Due Process claims until further briefing. 203 F.Supp.3d 615. On August 29, 2016 the plaintiffs filed an interlocutory appeal to the United States Court of Appeals for the Fourth Circuit from the order denying in part their motion for preliminary injunction.

On November 21, 2016, the plaintiffs filed a third amended complaint that included a claim under Title VII of the Civil Rights Act of 1964 in addition to the Title IX, Due Process, and Equal Protection claims. On December 16, 2016, Judge Schroeder granted a motion for a stay of proceedings until G.G. has been decided by the Supreme Court.

On January 1, 2017, Roy Cooper assumed the office of Governor of North Carolina. During his victory speech, then Governor-Elect Cooper stated his intention to repeal HB 2. The Supreme Court vacated and remanded G.G. back to the Fourth Circuit on March 6, 2017, in light of the DOE and DOJ's release of new interpretations of Title IX in February of 2017.

Shortly thereafter, the North Carolina Legislature and newly elected Governor Roy Cooper enacted House Bill 142 which, among other things, repealed HB2. The repeal included a compromise that left many on both sides unhappy. It prevented municipalities from passing antidiscrimination laws until December 2020 and the legislature maintained the ability to regulate bathrooms.

On April 24, 2017, Judge Motz on the Fourth Circuit dismissed the interlocutory appeal of August 26, 2016. On May 2, 2017, Judge Schroeder lifted the preliminary injunction of August 26, 2016 with the agreement of all parties, because House Bill 142 effectively repealed the law at issue in the Court’s prior order.

On September 7, 2017 the plaintiffs submitted a fourth amended complaint for declaratory and injunctive relief and nominal damages challenging the constitutionality of House Bill 142. The plaintiffs alleged that the law was promoted as a repeal of HB 2 to attract business back to North Carolina but only passed through the General Assembly because, like HB 2, it continued to discriminate against transgender individuals with respect to the use of single-sex, multiple-user facilities, and continued to bar local government protections for LGBT people. The complaint quoted multiple NC lawmakers who publicly stated that HB 2’s bathroom ban, remained an integral part of HB 142. The complaint further alleged the harms that were of concern in HB 2 remained a concern in HB 142.

On October 18, 2017 the plaintiffs and Executive Branch defendants entered a joint motion of consent decree; the decree stated that the Executive Branch was enjoined from taking certain specified actions under Section 2 of H.B. 142 and, with respect to public facilities that were subject to the Executive Branch Defendants’ control or supervision, HB 142 did not prevent transgender people from using the bathroom that aligned with their gender identity. Both parties submitted memorandum in support of the joint motion for consent decree.

On October 23, 2017, intervenors and the University of North Carolina defendants submitted motions to dismiss the plaintiffs’ claims for lack of subject matter jurisdiction. On November 2, 2017, the intervenor defendants asked the court to extend the time for the parties to respond to the consent decree, in light of the motion to dismiss claims. Judge Schroeder ordered the extension of 30 days following the date of the court’s disposition of the pending motions to dismiss the plaintiffs’ fourth amended complaint. After several extensions, UNC’s motion to dismiss the fourth amended complaint for failure to state a claim was submitted to Judge Thomas D. Schroeder on January 17, 2018.

Judge Schroeder granted in part and denied in part the motions to dismiss. The court found that the plaintiffs lacked standing as to their substantive due process, Title IX and Title VII claims based on alleged legal uncertainty caused by HB142 but did have standing to pursue their equal protection claims relating to the preemption provisions of Sections 2 and 3, except as to the claims against the President of the UNC. The court declined to dismiss the contingent claims involving HB2 and reserved ruling on the nominal damages claims for alleged Title VII and IX violations during the time HB2 was in effect. The court found that Plaintiffs failed to state a claim based on Section 2 of HB2 but succeeded in stating a claim based on Section 3. Thus, the court dismissed claims 1, 2, 6, and 7 against UNC without prejudice but sustained claims 3, 4, and 5. The court dismissed claims 1 and 2 against the intervenor-defendants without prejudice, but allowed the equal protection claim in count 2 to survive as well as claims 3, 4, and 5.

On December 21, 2018, the plaintiffs and the Executive Branch defendants filed a joint motion for entry of a consent decree. The consent decree provided that nothing in HB142 could be construed to prevent transgender people from lawfully using public facilities in accordance with their gender identity and permanently enjoined the Executive Branch defendants in their official capacities, and all successors, officers, and employees, from taking certain specified actions under Section 2 of H.B. 142 as well as forbidding Executive Branch Defendants from enforcing Section 3 to restrict any local government from interpreting other existing laws as protecting against discrimination on the basis of sexual orientation, gender identity or gender expression. The parties agreed to each bear their own fees, expenses, and costs and to dismiss all remaining claims against the Executive Branch defendants with prejudice. The intervenor-defendants opposed the joint motion for a consent decree, believing that it manufactured relief for dismissed claims that the Court lacked jurisdiction over, and that it did not reflect a true settlement of legal conflict, but rather was an effort to obtain a political result from the court that they could not achieve through electoral means.

On May 20, 2019, the court stayed the remaining proceedings regarding the Title VII and Title IX claims pending the outcome of the Supreme Court's decision in Bostock v. Clayton County (140 S.Ct. 1731), a case from Georgia challenging whether the definition of "sex discrimination" under Title VII necessarily included discrimination on the basis of sexual orientation or gender identity. Meanwhile, the parties submitted a joint motion for a consent decree on May 31, which was entered as a judgement on July 23, 2019. This consent decree was substantially similar to the one described above.

Bostock was decided on June 15, 2020. The Court ruled that Title VII did prohibit discrimination on the basis of gender identity and sexual orientation. Justice Gorsuch's majority opinion reasoned that it constituted discrimination on the basis of sex by accepting conduct by behavior by members of one sex as acceptable while not for another.

Back in the district court, the court ordered on December 17, 2020, that the parties meet and confer on the remaining claims with the Bostock ruling in mind. The parties sought additional time to finalize their agreement and asked that the stay be extended through early 2021. On March 11, 2021, the parties entered a joint stipulation to dismiss the remaining claims with prejudice.

	Document
1:16-cv-00236	Docket [PACER]	Aug. 9, 2021	Aug. 9, 2021 Docket
1 1:16-cv-00236	Complaint for Declaratory and Injunctive Relief	March 28, 2016	March 28, 2016 Complaint
9 1:16-cv-00236	First Amended Complaint for Declaratory and Injunctive Relief	April 21, 2016	April 21, 2016 Complaint
44 1:16-cv-00236	Memorandum Order	June 6, 2016	June 6, 2016 Order/Opinion
127 1:16-cv-00236	Order [Preliminary Injunction] Carcano et al. v. McCrory	Aug. 26, 2016	Aug. 26, 2016 Order/Opinion
183 1:16-cv-00236	3rd Amended Complaint Carcano et al v. McCrory	Nov. 21, 2016	Nov. 21, 2016 Complaint
205 1:16-cv-00236	Order Lifting Injunction Carcano v. McCrory	May 2, 2017	May 2, 2017 Order/Opinion
210 1:16-cv-00236	Fourth Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages Carcano v. McCrory	Sept. 7, 2017	Sept. 7, 2017 Complaint
216 1:16-cv-00236	Plaintiffs' and Executive Branch Defendants' Joint Motion for Entry of a Consent Decree Carcano v. McCrory	Oct. 18, 2017	Oct. 18, 2017 Pleading / Motion / Brief
248 1:16-cv-00236	Memorandum Opinion and Order	Sept. 30, 2018	Sept. 30, 2018 Order/Opinion

Title		External URL Date / External URL
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 1, 2016	May 1, 2016 https://www2.ed.gov/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, THE, ROY A. COOPER, III, PATRICK MCCRORY, UNIVERSITY OF NORTH CAROLINA ( Filing fee $ 400 receipt number 0418-1882104.), filed by ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA. (Attachments: # 1 Civil Cover Sheet)(BROOK, CHRISTOPHER) (Entered: 03/28/2016) 1 Civil Cover Sheet View on PACER	March 28, 2016	March 28, 2016 RECAP
2	CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA (BROOK, CHRISTOPHER) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016 RECAP
3	CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff EQUALITY NORTH CAROLINA (BROOK, CHRISTOPHER) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016 PACER
4	NOTICE of Appearance by attorney TARA L. BORELLI on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA, ANGELA GILMORE, PAYTON GREY MCGARRY (BORELLI, TARA) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
5	NOTICE of Appearance by attorney ELIZABETH O. GILL on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA, ANGELA GILMORE, PAYTON GREY MCGARRY (GILL, ELIZABETH) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
6	NOTICE of Appearance by attorney PETER C. RENN on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA, ANGELA GILMORE, PAYTON GREY MCGARRY (RENN, PETER) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
7	NOTICE of Appearance by attorney KYLE ANTHONY PALAZZOLO on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA, ANGELA GILMORE, PAYTON GREY MCGARRY (PALAZZOLO, KYLE) (Entered: 04/04/2016)	April 4, 2016	April 4, 2016 PACER
8	NOTICE of Appearance by attorney CHASE B. STRANGIO on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, EQUALITY NORTH CAROLINA, ANGELA GILMORE, PAYTON GREY MCGARRY (STRANGIO, CHASE) (Entered: 04/05/2016)	April 5, 2016	April 5, 2016 RECAP
9	AMENDED COMPLAINT against defendant W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, PATRICK MCCRORY, UNIVERSITY OF NORTH CAROLINA, filed by ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., by her next friend and mother, KATHRYN SCHAFER, KELLY TRENT, BEVERLY NEWELL.(BROOK, CHRISTOPHER) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 RECAP
10	NOTICE of Appearance by attorney PAUL M SMITH on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., by her next friend and mother, KATHRYN SCHAFER, PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT (SMITH, PAUL) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 RECAP
11	NOTICE of Appearance by attorney LUKE C PLATZER on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., by her next friend and mother, KATHRYN SCHAFER, PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT (PLATZER, LUKE) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 PACER
12	Summons Issued as to W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, PATRICK MCCRORY, UNIVERSITY OF NORTH CAROLINA. (Attachments: # 1 McCrory, # 2 BOG, # 3 Bisette)(Coyne, Michelle) (Entered: 05/04/2016) 1 McCrory View on PACER 2 BOG View on PACER 3 Bisette View on PACER	May 4, 2016	May 4, 2016 RECAP
13	Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 05/04/2016) 1 Consent Form View on PACER	May 4, 2016	May 4, 2016 RECAP
14	WAIVER OF SERVICE of SUMMONS by BEVERLY NEWELL, H.S., ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, KELLY TRENT. PATRICK MCCRORY waiver sent on 4/21/2016, answer due 6/20/2016. (BROOK, CHRISTOPHER) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
15	WAIVER OF SERVICE of SUMMONS by BEVERLY NEWELL, H.S., ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, KELLY TRENT. UNIVERSITY OF NORTH CAROLINA waiver sent on 4/21/2016, answer due 6/20/2016. (BROOK, CHRISTOPHER) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
16	WAIVER OF SERVICE of SUMMONS by BEVERLY NEWELL, H.S., ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, KELLY TRENT. W. LOUIS BISSETTE, JR waiver sent on 4/21/2016, answer due 6/20/2016. (BROOK, CHRISTOPHER) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
17	WAIVER OF SERVICE of SUMMONS by BEVERLY NEWELL, H.S., ANGELA GILMORE, PAYTON GREY MCGARRY, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, KELLY TRENT. BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA waiver sent on 4/21/2016, answer due 6/20/2016. (BROOK, CHRISTOPHER) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
18	NOTICE of Appearance by attorney SEAN R. KEVENEY on behalf of Plaintiff UNITED STATES OF AMERICA Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(KEVENEY, SEAN) (Entered: 05/11/2016)	May 11, 2016	May 11, 2016 PACER
19	NOTICE of Appearance by attorney JON W. DAVIDSON on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(DAVIDSON, JON) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
20	MOTION to Exceed Page Limit in Support of Their Motion for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. Responses due by 6/9/2016 (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 PACER
21	MOTION for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. Responses due by 6/9/2016 (BROOK, CHRISTOPHER) (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 RECAP
22	MEMORANDUM filed by Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY re 21 MOTION for Preliminary Injunction filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. (Attachments: # 1 Expert Declaration of Deanna Adkins, M.D., # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Joaqun Carcao, # 5 Expert Declaration of Randi Ettner, Ph.D, # 6 Exhibit A, # 7 Exhibit B, # 8 Declaration of H.S., # 9 Declaration of Payton Grey McGarry, # 10 Expert Declaration of Assistant Chief of University Police Aran C. Mull in Support of Plaintiffs' Motion for Preliminary Injunction, # 11 Exhibit A, # 12 Exhibit B, # 13 Exhibit C, # 14 Exhibit D, # 15 Declaration of Sarah Preston, # 16 Expert Declaration of Jonathan Routh, M.D., # 17 Exhibit A, # 18 Exhibit B, # 19 Declaration of Monica Walker)(BROOK, CHRISTOPHER) (Entered: 05/16/2016) 1 Expert Declaration of Deanna Adkins, M.D. View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Declaration of Joaqun Carcao View on PACER 5 Expert Declaration of Randi Ettner, Ph.D View on PACER 6 Exhibit A View on PACER 7 Exhibit B View on PACER 8 Declaration of H.S. View on PACER 9 Declaration of Payton Grey McGarry View on PACER 10 Expert Declaration of Assistant Chief of University Police Aran C. Mull in Supp View on PACER 11 Exhibit A View on PACER 12 Exhibit B View on PACER 13 Exhibit C View on PACER 14 Exhibit D View on PACER 15 Declaration of Sarah Preston View on PACER 16 Expert Declaration of Jonathan Routh, M.D. View on PACER 17 Exhibit A View on PACER 18 Exhibit B View on PACER 19 Declaration of Monica Walker View on PACER	May 16, 2016	May 16, 2016 RECAP
23	DECLARATION filed by Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY re 22 Memorandum,,, / Declaration of Luke C. Platzer filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC, # 30 Exhibit AD, # 31 Exhibit AE, # 32 Exhibit AF, # 33 Exhibit AG, # 34 Exhibit AH, # 35 Exhibit AI, # 36 Exhibit AJ, # 37 Exhibit AK, # 38 Exhibit AL, # 39 Exhibit AM, # 40 Exhibit AN, # 41 Exhibit AO, # 42 Exhibit AP, # 43 Exhibit AQ, # 44 Exhibit AR)(BROOK, CHRISTOPHER) (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 PACER
24	NOTICE of Appearance by attorney KARL S. BOWERS, JR on behalf of Defendant PATRICK MCCRORY (BOWERS, KARL) (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 PACER
25	NOTICE of Appearance by attorney WILLIAM WOODLEY STEWART, JR on behalf of Defendant PATRICK MCCRORY (STEWART, WILLIAM) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
26	NOTICE of Appearance by attorney FRANK J. GORDON on behalf of Defendant PATRICK MCCRORY (GORDON, FRANK) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
27	Additional Attachments to Main Document re 21 MOTION for Preliminary Injunction / Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction. (BROOK, CHRISTOPHER) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
28	NOTICE of Appearance by attorney BRENNAN TYLER BROOKS on behalf of Defendant PATRICK MCCRORY (BROOKS, BRENNAN) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
29	NOTICE of Appearance by attorney THOMAS J. ZIKO on behalf of Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA (ZIKO, THOMAS) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
30	Amended MOTION to Exceed Page Limit / Plaintiffs' Amended, Unopposed Motion for Leave to File Excess Pages in Support of Their Motion for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 05/18/2016) 1 Proposed Order View on PACER	May 18, 2016	May 18, 2016 PACER
	Motions Submitted	May 18, 2016	May 18, 2016 PACER
	Motion Submitted to JUDGE THOMAS D. SCHROEDER: 30 Plaintiffs' Amended, Unopposed Motion for Leave to File Excess Pages in Support of Their Motion for Preliminary Injunction. (Engle, Anita)	May 18, 2016	May 18, 2016 PACER
31	ORDER signed by JUDGE THOMAS D. SCHROEDER on 05/19/2016; that Plaintiffs' unopposed motion for leave to submit their memorandum of law in support of their Motion for Preliminary Injunction which exceeds the court's local rule page limits is hereby GRANTED. The Clerk is directed to accept as filed the Memorandum of Law in Support of Plaintiffs Motion for Preliminary Injunction. (Garland, Leah) (Entered: 05/19/2016)	May 19, 2016	May 19, 2016 RECAP
32	NOTICE of Appearance by attorney CAROLYN C. PRATT on behalf of Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA (PRATT, CAROLYN) (Entered: 05/20/2016)	May 20, 2016	May 20, 2016 PACER
33	MOTION to Intervene by Philip Berger, Tim Moore. Responses due by 6/20/2016 (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) (Entered: 05/25/2016) 1 Text of Proposed Order View on RECAP	May 25, 2016	May 25, 2016 RECAP
34	MEMORANDUM filed by Intervenor Defendants Philip Berger, Tim Moore re 33 MOTION to Intervene filed by Philip Berger, Tim Moore. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(DUNCAN, STUART) (Entered: 05/25/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	May 25, 2016	May 25, 2016 RECAP
35	NOTICE of Appearance by attorney STUART K. DUNCAN on behalf of Intervenor Defendants Philip Berger, Tim Moore (DUNCAN, STUART) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 PACER
36	Proposed Answer and Counterclaims BRIEF re 33 MOTION to Intervene by Intervenor Defendants Philip Berger, Tim Moore filed by Philip Berger, Tim Moore. (DUNCAN, STUART) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 RECAP
37	NOTICE of Appearance by attorney ROBERT D. POTTER, JR on behalf of Intervenor Defendants Philip Berger, Tim Moore (POTTER, ROBERT) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 PACER
38	MOTION to Stay Proceedings Against UNC Defendants by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. Responses due by 6/20/2016 (Attachments: # 1 Affidavit Declaration of President Margaret Spellings, # 2 Exhibit Exhibit 1 to Spellings Declaration, # 3 Exhibit Exhibit 2 to Spellings Declaration, # 4 Exhibit Exhibit 3 to Spellings Declaration, # 5 Exhibit Exhibit 4 to Spellings Declaration, # 6 Exhibit Exhibit 5 to Spellings Declaration)(PRATT, CAROLYN) (Entered: 05/27/2016)	May 27, 2016	May 27, 2016 PACER

Case: Carcaño v. McCrory

1:16-cv-00236 | U.S. District Court for the Middle District of North Carolina

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