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Case: United States v. State of North Carolina

1:16-cv-00425 | U.S. District Court for the Middle District of North Carolina

Filed Date: May 9, 2016

Closed Date: April 14, 2017

Clearinghouse coding complete

Case Summary

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (HB2), which was passed on March 23, 2016. For the others, see the case collection.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 2…

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (HB2), which was passed on March 23, 2016. For the others, see the case collection.

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 anti-discrimination policies and removed the statutory and common-law private right of action to enforce state anti-discrimination statutes in state courts. It also required that individuals only be permitted to use bathrooms and changing facilities that correspond to the sex on their birth certificates while in government buildings. 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 anti-discrimination 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 May 4, in a letter to Governor Pat McCrory, the Justice Department informed him that the U.S. had concluded that HB2 violated federal law. The DOJ asked the Governor to respond by close of business on May 9, and that he remedy the violations, "including by confirming that the State will not comply with or implement H.B. 2."

Instead of providing the demanded assurances, the Governor sued the United States on the morning of May 9, in the Eastern District of North Carolina, seeking a declaratory judgment that HB2 did not violate Title VII of the Civil Rights Act (42 U.S.C. §§ 2000e et seq.), or the Violence Against Woman Act (42 U.S.C. § 13925(b)(13)). That case is in the Clearinghouse as PA-NC-0003, and is described there. A few hours later, the U.S. filed this lawsuit, seeking to enjoin operation of HB2, in the U.S District Court for the Middle District of North Carolina. The DOJ sued the State of North Carolina under Title VII of the Civil Rights Act (42 U.S.C. §§ 2000e et seq.), under Title IX of the Education Amendments Act of 1972 (20 U.S.C. §§ 1681 et seq.), and under the Violence Against Women Reauthorization Act (42 U.S.C. § 13925(b)(13)). The DOJ sought declaratory and injunctive relief. Specifically, the U.S. asked the Court to find that HB 2’s Part I—the part that instructs public agencies to deny transgender individuals access to multiple-occupancy bathrooms and changing facilities consistent with their gender identity--violated federal law, and to issue an injunction ordering the state to stop violating the federal laws in question.

North Carolina’s former Attorney General, Roy Cooper, had said that he agreed that HB2 is illegal, and declined to defend it against this and the other lawsuits challenging it.

On June 10, 2016 the United States and the Defendants issued a joint motion to enjoin automatic suspension of funds received under the Violence Against Women Act that prohibits recipients of federal funds administered by the Department of Justice’s Office on Violence Against Women (“OVW”) from engaging in discrimination based on sex and gender identity. The United States and the Defendants agreed that the suspension of funds would on balance harm the public interest. On June 23, 2016, Judge Thomas D. Schroeder granted the parties' joint motion to enjoin the United States from automatically withholding funds. 192 F.Supp.3d 620.

On June 29, 2016, Judge Thomas D. Schroeder granted Phil Berger, President Pro Tempore of the North Carolina Senate, and Tim Moore, Speaker of the North Carolina House of Representatives, the right to permissively intervene as defendants in the case. Several other private individuals requested to intervene on either side of the case and their motions were denied.

On July 14, 2016, Judge Thomas D. Schroeder ordered that parties in the four related cases of HB2 file a short joint notice identifying any agreements reached and explaining their respective positions. On July 25, 2016, the Court consolidated this case with Carcaño v. McCrory(1:16CV236), Berger v. United States (1:16CV844), and North Carolinians for Privacy v. United States (1:16CV845) for discovery purposes only. After this consolidation, the Plaintiffs voluntarily dismissed Berger v. United States on July 28, 2016, and North Carolinians for Privacy v. United States on August 31, 2016.

On August 12, 2016, the Defendants submitted motions to stay the proceedings in light of the Supreme Court hearing the G.G. case regarding similar issues. Ten days later, the United States submitted a response in opposition to the Defendants' request to stay the proceedings. The United States stated that the Defendants were violating federal laws and that the proceedings should not be delayed in anticipation of a change in the law.

On December 16, 2016, upon the joint motion of the parties and in the interest of judicial economy, the court stayed the proceedings in the case and in the related case of Carcano v. McCrory (1:16CV236) pending disposition in the Supreme Court of Gloucester County School Board v. G.G., No. 16- 273 (S. Ct.). At the United States’ request, the court did not include the United States’ pending motion for preliminary injunction in the stay.

On January 1, 2017, Roy Cooper, who opposed HB2 as NC Attorney General, took office as Governor of North Carolina, changing the Governor’s position. On February 22, 2017, the Department of Justice and the Department of Education, under President Trump, withdrew and rescinded their earlier guidance documents, changing the federal government’s position. On March 2, 2017, the Plaintiff submitted a request to expand the stay (granted on December 16, 2016) to include the preliminary injunction request, on the grounds that the United States had withdrawn two guidance documents upon which the motion was based.

On March 28, 2017, the Plaintiff submitted a joint status report with the Carcaño Plaintiffs, UNC Defendants, Legislative Defendants, and the State Defendants. The United States aligned itself with the UNC and Legislative Defendants requesting that the court leave the stay entered on December 16, 2016, until resolution of the pending appeals in G.G. v. Gloucester County School Board (4th Cir. No. 15-2056) and Carcaño v. Cooper (4th Cir. No. 16-1989). The Carcaño Plaintiffs and the State Defendants requested that the stay be lifted so that parties could confer about a new discovery plan.

On March 30, 2017, the North Carolina Legislature, and the newly appointed Governor enacted House Bill 142 which, among other things, repealed HB2. The repeal included a compromise that left many on both sides unhappy. The compromise prevented municipalities from passing anti-discrimination laws until December 2020, and the legislature still had the ability to regulate bathrooms.

On April 14, 2017, the Plaintiff filed a notice of voluntary dismissal stating that in light of the passage of House Bill 142, the claims and causes of actions against the Defendants would be dismissed with prejudice, which closed the case.

Summary Authors

Ryan Berry (5/31/2016)

Mary Kate Sickel (1/14/2018)

Related Cases

Carcaño v. McCrory, Middle District of North Carolina (2016)

McCrory v. United States, Eastern 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 attrorneys, see: https://www.courtlistener.com/docket/5198614/parties/united-states-of-america-v-state-of-north-carolina/


Judge(s)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Bensing, Dwayne J. (District of Columbia)

Cummings, Torey B. (District of Columbia)

Davidson, Jon Warren (California)

Keveney, Sean R. (District of Columbia)

Kisch, Lori B. (District of Columbia)

Pellegrino, Whitney Marin (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Rand, Ripley (North Carolina)

Stoughton, Corey L. (District of Columbia)

Judge(s)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Bensing, Dwayne J. (District of Columbia)

Cummings, Torey B. (District of Columbia)

Davidson, Jon Warren (California)

Keveney, Sean R. (District of Columbia)

Kisch, Lori B. (District of Columbia)

Pellegrino, Whitney Marin (District of Columbia)

Phoenix, Candyce Danielle (District of Columbia)

Rand, Ripley (North Carolina)

Stoughton, Corey L. (District of Columbia)

Attorneys(s) for Defendant

Duncan, S. Kyle (District of Columbia)

Potter, Robert D. Jr. (North Carolina)

Documents in the Clearinghouse

Document

1:16-cv-00425

Docket [PACER]

U.S v. State of North Carolina

May 17, 2016

May 17, 2016

Docket
1

1:16-cv-00425

Complaint

May 9, 2016

May 9, 2016

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5198614/united-states-of-america-v-state-of-north-carolina/

Last updated Nov. 2, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (Related Case # 1:16−cv−236), filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(PHOENIX, CANDYCE) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

2

COMPLAINT against All Defendants (Related Case # 1:16−cv−236), filed by UNITED STATES OF AMERICA.(PHOENIX, CANDYCE) The 1 Complaint filed on 5/9/2016 was re−filed on 5/10/2016 by counsel as Document 2 pursuant to the Notice of Corrective Action received from Clerk's Office in order to comply with Local Rule 5.3(e)(2). (Powell, Gloria). (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

3

Summons Issued as to PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 UNC, # 2 NC, # 3 DPS, # 4 BOG)(Coyne, Michelle) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

4

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

5

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

6

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

7

SUMMONS Returned Executed by UNITED STATES OF AMERICA as to All Defendants. (PHOENIX, CANDYCE) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

8

MOTION to Intervene by Phil Berger, Tim Moore. Responses due by 6/10/2016 (Attachments: # 1 Exhibit Proposed Answer, # 2 Text of Proposed Order Proposed Order)(DUNCAN, STUART) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

9

MEMORANDUM filed by Intervenor Defendants Phil Berger, Tim Moore re 8 MOTION to Intervene filed by Phil Berger, Tim Moore. (Attachments: # 1 Exhibit Exhibit A)(DUNCAN, STUART) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

10

NOTICE of Appearance by attorney ROBERT D. POTTER, JR on behalf of Intervenor Defendants Phil Berger, Tim Moore (POTTER, ROBERT) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

11

NOTICE of Appearance by attorney STUART K. DUNCAN on behalf of Intervenor Defendants Phil Berger, Tim Moore (DUNCAN, STUART) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

109

MEMORANDUM ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 7/25/2016, that the motion to intervene by Steven-Glenn: Johnson (Doc. 34 ) is DENIED. (Daniel, J)

July 25, 2016

July 25, 2016

RECAP
224

MEMORANDUM ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 12/16/2016, that the motion of Chris Sevier and Elizabeth Ording to intervene (Doc. 130 ) is DENIED. (Daniel, J) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

RECAP

TEXT ORDER by JUDGE THOMAS D. SCHROEDER on 12/16/2016. On July 25, 2016, the Court consolidated cases 1:16CV236, 1:16CV425, 1:16CV844 and 1:16CV845 for discovery purposes only. Subsequent to this consolidation, Plaintiffs voluntarily dismissed case 1:16CV844 on July 28, 2016 (Doc. 33) and 1:16CV845 on August 31, 2016 (Doc. 63). However, parties continue to file documents in these closed cases. Therefore, parties are directed that any future filings must be filed in the appropriate case to which it relates and parties should refrain from electing the option to "spread" the docket entry to any unrelated or closed cases. IT IS SO ORDERED. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita)

Dec. 16, 2016

Dec. 16, 2016

PACER

TEXT ORDER by JUDGE THOMAS D. SCHROEDER on 12/16/2016. Before the court are the parties' Joint Motion to Stay Proceedings Pending the Supreme Court Decision in Gloucester Cnty. Sch. Bd. v. G.G. (Doc. 182 in 1:16CV236 and Doc. 221 in 1:16CV425). All parties agree to a stay of further proceedings pending decision by the U.S. Supreme Court, but the United States seeks a ruling on their Preliminary Injunction motion. UNC Defendants' Statement (Doc. 180 in 16cv236, Doc. 220 in 16cv425); Legislators' Statement (Doc. 181 in 16CV236, Doc. 223 in 16cv425); Carcaño Plaintiffs' Statement (Doc. 184 in 16cv236); United States' Statement (Doc. 222 in 16cv425). In the interest of judicial economy, upon the agreement of all parties, and for good cause shown, the joint request to stay is GRANTED, and all further proceedings in these cases are STAYED pending disposition of the G.G. case pending in the United States Supreme Court. With the Carcaño Plaintiffs' agreement, this stay includes further consideration of their due process claims, but the stay does not at this time include the United States' pending motion. The parties are directed to inform the court immediately upon the resolution of the G.G. case or any other development that will affect the pendency of these cases. Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita)

Dec. 16, 2016

Dec. 16, 2016

PACER

Cases Stayed Pursuant to 12/16/2016 Text Order. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Powell, Gloria)

Dec. 16, 2016

Dec. 16, 2016

PACER
225

USCA ORDER dismissing this proceeding for failure to prosecute pursuant to Local Rule 45. USCA Case #16-2120. (Daniel, J) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
226

RULE 45 MANDATE of USCA. This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case #16-2120. (Daniel, J) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
227

Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS by on behalf of PATRICK MCCRORY. (Attachments: # 1 Text of Proposed Order)(STEPHENS, ROBERT) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
228

MEMORANDUM filed by Counter Claimant PATRICK MCCRORY, Defendant PATRICK MCCRORY re 227 Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS filed by PATRICK MCCRORY. (STEPHENS, ROBERT) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER

Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 227 Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS. (Engle, Anita)

Dec. 30, 2016

Dec. 30, 2016

PACER
229

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/6/2017, that the Consent Motion to Withdraw is GRANTED, and the Clerk of Court will remove Robert C. Stephens from the electronic distribution list. (Daniel, J) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
230

NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (FRANCISCO, NOEL) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
231

NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (GORE, JOHN) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
232

NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (BURNHAM, JAMES) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
233

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff UNITED STATES OF AMERICA, Counter Defendants UNITED STATES OF AMERICA, UNITED STATES OF AMERICA. COREY L. STOUGHTON is substituted as counsel for Plaintiff, Counter Defendants. Attorney COREY L. STOUGHTON terminated. (STOUGHTON, COREY) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
234

NOTICE of Appearance by attorney THOMAS C. SHANAHAN on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (SHANAHAN, THOMAS) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
235

NOTICE of Additional Authority by UNITED STATES OF AMERICA re: 73 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1)(KEVENEY, SEAN) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
236

MOTION to Stay Unopposed Motion to Expand Stay to Include the United States' Motion for Preliminary Injunctive Relief by UNITED STATES OF AMERICA. Response to Motion due by 3/27/2017 (KEVENEY, SEAN) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
237

ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 3/3/2017, that the unopposed motion to expand the stay to include the pending request for a preliminary injunction (Doc. 236 ) is GRANTED, and that all proceedings in this case shall be subject to the stay set forth in this court's December 16, 2016 Text Order. (Daniel, J) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 236 Unopposed Motion to Expand Stay to Include the United States' Motion for Preliminary Injunctive Relief. (Engle, Anita)

March 3, 2017

March 3, 2017

PACER

Motion No Longer Submitted to JUDGE THOMAS D. SCHROEDER: 73 MOTION for Preliminary Injunction. (See 237 Order expanding stay). (Engle, Anita)

March 6, 2017

March 6, 2017

PACER
238

NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendant NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (VYSOTSKAYA DE BRITO, OLGA) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
239

NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendant NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (MAJMUNDAR, AMAR) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
240

AMENDED DOCUMENT by NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Amendment to 238 Notice of Appearance Amended Certificate of Service. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
241

Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS by on behalf of PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order) (STEWART, WILLIAM) Modified on 3/22/2017 to add filing party per p/c from attorney. (Sheets, Jamie) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
242

MEMORANDUM filed by Counter Claimants PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendants PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 241 Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS filed by PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (STEWART, WILLIAM) Modified on 3/22/2017 to add filing party per p/c from attorney. (Sheets, Jamie) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER

Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 241 Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS. (Engle, Anita)

March 23, 2017

March 23, 2017

PACER
243

ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/24/2017, that the Motion to Withdraw as Counsel (Doc. 241 ) is GRANTED. (Daniel, J) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER

***Attorneys Karl S. Bowers, Jr., Robert N. Driscoll, William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks terminated. (Daniel, J)

March 24, 2017

March 24, 2017

PACER
244

STATUS REPORT by PHIL BERGER, TIM MOORE, PHILLIP BERGER. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(DUNCAN, STUART) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
245

NOTICE of Voluntary Dismissal of case by Plaintiff UNITED STATES OF AMERICA (PHOENIX, CANDYCE) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
246

NOTICE OF WITHDRAWAL OF COUNSEL on behalf of Intervenor Defendants PHIL BERGER, TIM MOORE. Attorney STEPHEN S. SCHWARTZ terminated. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(SCHWARTZ, STEPHEN) Modified on 12/17/2020 to correct event per attorney. (Hicks, Samantha) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
247

***FILED IN ERROR*** REPORT by Plaintiff JOAQUIN CARCANO. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(COMO, IRENA) Modified on 12/30/2020 to mark as filed in error per attorney. (Hicks, Samantha) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 9, 2016

Closing Date: April 14, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S Department of Justice Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

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):

Jurisdiction-wide

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Access to public accommodations - governmental

Bathing and hygiene

Bathrooms

Buildings

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

School/University Facilities

School/University policies

Discrimination-area:

Accommodation / Leave

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientation

Affected Gender:

Female

Male

Type of Facility:

Government-run