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

Clearinghouse coding complete

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 res…

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 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, ED-VA-0002 in this Clearinghouse, 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.

The case is now closed.

Summary Authors

Ryan Berry (6/16/2016)

Salvatore Mancina (3/27/2017)

Mary Kate Sickel (11/2/2017)

Erica Becker (3/20/2019)

John Duffield (8/9/2021)

Related Cases

McCrory v. United States, Eastern District of North Carolina (2016)

United States v. State of North Carolina, Middle District of North Carolina (2016)

Berger v. United States Department of Justice, Eastern District of North Carolina (2016)

North Carolinians for Privacy v. United States Department of Justice, Eastern District of North Carolina (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4304527/parties/carcano-v-mccrory/


Judge(s)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Borelli, Tara L. (Georgia)

Brook, Christopher (North Carolina)

Como, Irena (North Carolina)

Cooper, Leslie (New York)

Davidson, Jon Warren (California)

Esseks, James Dixon (New York)

Gill, Elizabeth O. (California)

Noll, Andrew C (District of Columbia)

Judge(s)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Borelli, Tara L. (Georgia)

Brook, Christopher (North Carolina)

Como, Irena (North Carolina)

Cooper, Leslie (New York)

Davidson, Jon Warren (California)

Esseks, James Dixon (New York)

Gill, Elizabeth O. (California)

Noll, Andrew C (District of Columbia)

Palazzolo, Kyle A. (Illinois)

Platzer, Luke C. (District of Columbia)

Rao, Devi M. (District of Columbia)

Renn, Peter C. (California)

Smith, Paul M. (District of Columbia)

Strangio, Chase (New York)

Wilkens, Scott B. (District of Columbia)

Wolfe, Jenifer R. (North Carolina)

Attorneys(s) for Defendant

Bowers, Karl S. (South Carolina)

Brooks, Bernard Erwin (Texas)

Burnham, James M (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Driscoll, Robert Neil (District of Columbia)

Francisco, Noel (District of Columbia)

Gordon, Frank J. (North Carolina)

Gore, John M. (District of Columbia)

Lejnieks, Kristen A. (District of Columbia)

Majmundar, Amar (North Carolina)

Nager, Glen David (District of Columbia)

Pratt, Carolyn C. (North Carolina)

Shanahan, Thomas C. (North Carolina)

Stephens, Robert C. (North Carolina)

Stewart, William Woodley Jr. (North Carolina)

Suri, Vivek (District of Columbia)

Vysotskaya de Brito, Olga Eugenia (North Carolina)

Ziko, Thomas J. (North Carolina)

Other Attorney(s)

Duncan, S. Kyle (District of Columbia)

Hartman, Curt Carl (Ohio)

Jaffe, Erik (District of Columbia)

McDowell, Leah D. (Mississippi)

Nimocks, David A. (Texas)

Osborn, David Christopher (North Carolina)

Pfeiffer, Sonya (North Carolina)

Potter, Robert D. Jr. (North Carolina)

Robertson, Cynthia C. (District of Columbia)

Schaerr, Gene C. (District of Columbia)

Schwartz, Stephen S. (District of Columbia)

Sigmon, Mark R. (North Carolina)

Documents in the Clearinghouse

Document

1:15-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

315 F.R.D. 176

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

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4304527/carcano-v-mccrory/

Last updated June 2, 2022, 3:12 a.m.

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

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March 28, 2016

March 28, 2016

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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

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2 BOG

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3 Bisette

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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

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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.

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2 Exhibit A

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3 Exhibit B

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4 Declaration of Joaqun Carcao

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5 Expert Declaration of Randi Ettner, Ph.D

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6 Exhibit A

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7 Exhibit B

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8 Declaration of H.S.

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9 Declaration of Payton Grey McGarry

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10 Expert Declaration of Assistant Chief of University Police Aran C. Mull in Supp

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11 Exhibit A

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12 Exhibit B

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13 Exhibit C

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14 Exhibit D

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15 Declaration of Sarah Preston

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16 Expert Declaration of Jonathan Routh, M.D.

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17 Exhibit A

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18 Exhibit B

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19 Declaration of Monica Walker

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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

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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

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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

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2 Exhibit

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3 Exhibit

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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

Motions Submitted

May 27, 2016

May 27, 2016

PACER

Motions No Longer Submitted

May 27, 2016

May 27, 2016

PACER

Motions Submitted to JUDGE THOMAS D. SCHROEDER: 33 MOTION to Intervene. (Engle, Anita)

May 27, 2016

May 27, 2016

PACER

33 Motion to Intervene No Longer Submitted to JUDGE THOMAS D. SCHROEDER. Awaiting Response from Plaintiffs' Counsel. (Engle, Anita)

May 27, 2016

May 27, 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
39

MEMORANDUM filed by Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA re 38 MOTION to Stay Proceedings Against UNC Defendants filed by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. (PRATT, CAROLYN) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
40

MOTION for Extension of Time to File Answer and Response to Plaintiffs' Motion for Preliminary Injunction by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. (PRATT, CAROLYN) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
41

RESPONSE filed by Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT re 33 MOTION to Intervene filed by Philip Berger, Tim Moore filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT. Replies due by 6/17/2016. (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
42

RESPONSE filed by Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT re 40 MOTION for Extension of Time to File Answer and Response to Plaintiffs' Motion for Preliminary Injunction filed by UNIVERSITY OF NORTH CAROLINA, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, W. LOUIS BISSETTE, JR. filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT. Replies due by 6/20/2016. (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER

Motions Submitted

June 2, 2016

June 2, 2016

PACER

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 40 MOTION for Extension of Time to File Answer and Response to Plaintiffs' Motion for Preliminary Injunction. (Engle, Anita)

June 2, 2016

June 2, 2016

PACER
43

REPLY, filed by Intervenor Defendants Philip Berger, Tim Moore, to Response to 33 MOTION to Intervene filed by Philip Berger, Tim Moore. (Attachments: # 1 Exhibit)(DUNCAN, STUART) (Entered: 06/03/2016)

1 Exhibit

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June 3, 2016

June 3, 2016

RECAP

Motions Submitted

June 5, 2016

June 5, 2016

PACER

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 33 MOTION to Intervene. (Engle, Anita)

June 5, 2016

June 5, 2016

PACER
44

MEMORANDUM ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/06/2016; that the proposed intervenors' motion to intervene (Doc. 33 ) is GRANTED. (Garland, Leah) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

RECAP
45

ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/6/2016. For the reasons stated herein, UNC Defendants' Motion for Extension of Time (Doc. 40) is GRANTED IN PART and DENIED IN PART. UNC Defendants' response to amended complaint (Doc. 9) shall be due thirty days after the court issues a ruling on motion to stay (Doc. 38). UNC Defendants' response to Plaintiffs' motion for preliminary injunction (Doc. 21) remains due June 9, 2016.(Engle, Anita) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
46

NOTICE of Appearance by attorney NOEL J. FRANCISCO on behalf of Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA (FRANCISCO, NOEL) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
47

NOTICE of Appearance by attorney GLEN D. NAGER on behalf of Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA (NAGER, GLEN) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
48

NOTICE of Appearance by attorney JAMES M. BURNHAM on behalf of Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA (BURNHAM, JAMES) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
49

MOTION for Leave to File Excess Pages by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order Proposed Order)(FRANCISCO, NOEL) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
50

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction filed by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. Replies due by 6/27/2016. (Attachments: # 1 Affidavit Declaration of Noel Francisco, # 2 Exhibit Spellings April 11 Statement, # 3 Exhibit Shanahan April 13 Letter, # 4 Exhibit Spellings May 9 Letter)(FRANCISCO, NOEL) (Entered: 06/09/2016)

1 Affidavit Declaration of Noel Francisco

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2 Exhibit Spellings April 11 Statement

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3 Exhibit Shanahan April 13 Letter

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4 Exhibit Spellings May 9 Letter

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June 9, 2016

June 9, 2016

PACER
51

ANSWER to Amended Complaint by PATRICK MCCRORY. (STEWART, WILLIAM) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

RECAP
52

MOTION for Discovery To More Fully Respond ( Responses due by 7/5/2016), MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction () by PATRICK MCCRORY. (STEWART, WILLIAM) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
53

MEMORANDUM filed by Defendant PATRICK MCCRORY re 52 MOTION for Discovery To More Fully Respond MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction filed by PATRICK MCCRORY. (Attachments: # 1 Supplement Unpublished Opinion - Sabal Trail, # 2 Supplement Unpublished Opinion - ForceX Inc., # 3 Supplement Unpublished Opinion - Lab Corp)(STEWART, WILLIAM) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
54

ANSWER to Amended Complaint, Counterclaim against by Philip Berger, Tim Moore. (DUNCAN, STUART) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
55

RESPONSE in Opposition re 21 MOTION for Preliminary Injunction filed by PATRICK MCCRORY. Replies due by 6/27/2016. (Attachments: # 1 Exhibit A - King 5 News Article, # 2 Exhibit B - NBC 4 Washington Article, # 3 Exhibit C - CNN Article, # 4 Exhibit D - Slate Article, # 5 Exhibit E - ABC News Article, # 6 Exhibit F - WSJ Article, # 7 Supplement Unpublished Opinion - State v. Rhodes, # 8 Supplement Unpublished Opinion - Flick v. Aurora, # 9 Supplement Unpublished Opinion - Grimm v. Gloucester)(STEWART, WILLIAM) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
56

NOTICE of Appearance by attorney ROBERT C. STEPHENS on behalf of Defendant PATRICK MCCRORY (STEPHENS, ROBERT) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
57

Consent MOTION for Leave to File Excess Pages by Philip Berger, Tim Moore. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
58

**FILED IN ERROR**Consent MOTION for Leave to File Excess Pages by Philip Berger, Tim Moore. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) Modified on 6/10/2016 (Engle, Anita). (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
59

**FILED IN ERROR**Consent MOTION for Leave to File Excess Pages by Philip Berger, Tim Moore. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) Modified on 6/10/2016 (Engle, Anita). (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
60

**FILED IN ERROR**Consent MOTION for Leave to File Excess Pages by Philip Berger, Tim Moore. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) Modified on 6/10/2016 (Engle, Anita). (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
61

RESPONSE in Opposition re 22 Memorandum,,, 21 MOTION for Preliminary Injunction, 57 Consent MOTION for Leave to File Excess Pages filed by Philip Berger, Tim Moore. Replies due by 6/27/2016. (DUNCAN, STUART) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

RECAP

Motions Submitted

June 10, 2016

June 10, 2016

PACER

Motions Submitted to JUDGE THOMAS D. SCHROEDER: 49 MOTION for Leave to File Excess Pages, and 57 Consent MOTION for Leave to File Excess Pages. (Engle, Anita)

June 10, 2016

June 10, 2016

PACER
62

ORDER Signed by JUDGE THOMAS D. SCHROEDER on 6/13/2016 granting 49 Motion for Leave to File Excess Pages. (Engle, Anita) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
63

ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/13/2016 granting 57 Motion for Leave to File Excess Pages. (Engle, Anita) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
64

NOTICE of Appearance by attorney GENE C. SCHAERR on behalf of Intervenor Defendants PHILLIP BERGER, TIM MOORE (SCHAERR, GENE) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
65

NOTICE of Appearance by attorney ROBERT N. DRISCOLL on behalf of Defendant PATRICK MCCRORY (DRISCOLL, ROBERT) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
66

Transcript of telephone conference/motion hearing held on 6/16/2016, before Judge Thomas D. Schroeder. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(Nesbit, Briana) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

RECAP
67

RESPONSE in Opposition re 38 MOTION to Stay Proceedings Against UNC Defendants filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. Replies due by 7/8/2016. (Attachments: # 1 Declaration of Paul M. Smith, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Declaration of Payton G. McGarry, # 11 Exhibit A, # 12 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 06/20/2016)

1 Declaration of Paul M. Smith

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

View on PACER

7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Declaration of Payton G. McGarry

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11 Exhibit A

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12 Proposed Order

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June 20, 2016

June 20, 2016

RECAP
68

NOTICE of Appearance by attorney MARK R. SIGMON on behalf of Amicus Proposed Amici Curiae School Administrators (SIGMON, MARK) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
69

NOTICE of Appearance by attorney CYNTHIA C. ROBERTSON on behalf of Amicus Proposed Amici Curiae School Administrators (ROBERTSON, CYNTHIA) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
70

MOTION for Leave to File Amicus Brief by Proposed Amici Curiae School Administrators. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Leave to File Amicus Brief)(SIGMON, MARK) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
71

Proposed BRIEF by Amicus Proposed Amici Curiae School Administrators filed by Proposed Amici Curiae School Administrators. (SIGMON, MARK) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
72

MOTION to Exceed Page Limit /Plaintiffs' Unopposed Motion For Leave to File a Reply Memorandum In Support of Their Motion for Preliminary Injunction In Excess of 10 Pages by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
73

MEMORANDUM filed by Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY re 21 MOTION for Preliminary Injunction / Plaintiffs' Reply Memorandum In Support of Their Motion For Preliminary Injunction filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. (Attachments: # 1 Declaration of Payton G. McGarry, # 2 Declaration of Luke C. Platzer, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(BROOK, CHRISTOPHER) (Entered: 06/27/2016)

1 Declaration of Payton G. McGarry

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2 Declaration of Luke C. Platzer

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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June 27, 2016

June 27, 2016

RECAP

Motions Submitted

June 28, 2016

June 28, 2016

PACER

Motions Submitted to JUDGE THOMAS D. SCHROEDER: 21 MOTION for Preliminary Injunction, and 72 MOTION to Exceed Page Limit /Plaintiffs' Unopposed Motion For Leave to File a Reply Memorandum In Support of Their Motion for Preliminary Injunction In Excess of 10 Pages. (Engle, Anita)

June 28, 2016

June 28, 2016

PACER
76

NOTICE of Appearance by attorney SCOTT B. WILKENS on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT (WILKENS, SCOTT) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER

Telephonic Notice

June 30, 2016

June 30, 2016

PACER

Telephone Conference set for 7/1/2016 at 11:00 AM before JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita)

June 30, 2016

June 30, 2016

PACER
77

MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. Responses due by 7/25/2016 (Attachments: # 1 Proposed Surreply Brief)(FRANCISCO, NOEL) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
78

RESPONSE in Opposition re 52 MOTION for Discovery To More Fully Respond MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction filed by AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, H.S., PAYTON GREY MCGARRY. Replies due by 7/18/2016. (Attachments: # 1 Proposed Order)(BROOK, CHRISTOPHER) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
79

RESPONSE filed by Defendants W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA re 52 MOTION for Discovery To More Fully Respond MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction filed by PATRICK MCCRORY filed by W. LOUIS BISSETTE, JR, BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA. Replies due by 7/18/2016. (FRANCISCO, NOEL) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER

Telephone Conference

July 1, 2016

July 1, 2016

PACER

Order on Motion to Exceed Page Limit

July 1, 2016

July 1, 2016

PACER

Motions Submitted

July 1, 2016

July 1, 2016

PACER

Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 7/1/2016. Attorneys Christopher Brook and Jon Davidson present for Plaintiff Carcano, et al. and Attorney Corey Stoughton present for the United States. Attorney Noel Francisco present for UNC Defendants, Attorney Butch Bowers present for Defendants State of North Carolina, Governor McCrory and North Carolina Dept. of Public Safety, Attorney Kyle Duncan present for Legislative Intervenors Berger and Moore, Attorney Cynthia Robertson present for Proposed Amici School Administrators, Attorney James Campbell present for Proposed Intervenor North Carolinians for Privacy and Proposed Pro se Intervenor Steven-Glenn: Johnson present. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita)

July 1, 2016

July 1, 2016

PACER

TEXT ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/1/2016, GRANTING Plaintiffs' Unopposed Motion for Leave to File a Reply Memorandum in Support of Their Motion For Preliminary Injunction in Excess of 10 Pages. (Doc. 72) The Clerk is directed to accept as filed Plaintiffs' Reply Memorandum in Support of Their Motion for Preliminary Injunction. (Doc. 73)(Engle, Anita)

July 1, 2016

July 1, 2016

PACER

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 77 MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction. (Engle, Anita)

July 1, 2016

July 1, 2016

PACER
80

ORDER signed by JUDGE THOMAS D. SCHROEDER on 07/05/2016; that UNC Defendants' motion for leave to file a surreply in opposition to Plaintiffs' Motion for Preliminary Injunction is hereby GRANTED. UNC Defendants are directed to file their Surreply forthwith. (Garland, Leah) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: March 28, 2016

Closing Date: May 24, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The North Carolina chapter of the ACLU, Equality North Carolina, and several transgender individuals and lesbian couples

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina , State

Defendant Type(s):

College/University

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Access to public accommodations - governmental

Bathrooms

Buildings

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Reasonable Accommodations

Reasonable Modifications

School/University Facilities

Discrimination-area:

Accommodation / Leave

Medical Exam / Inquiry

Discrimination-basis:

Gender identity

Sexual orientatation

Type of Facility:

Government-run

Non-government for profit