Case: North Carolinians for Privacy v. United States Department of Justice

5:16-cv-00245 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 10, 2016

Closed Date: Aug. 31, 2016

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 on March 23, 2016. For the others, see 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 respon…

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (“H.B. 2”), which was passed on March 23, 2016. For the others, see 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 prohibits municipalities in North Carolina from enacting anti-discrimination policies and removes the statutory and common-law private right of action to enforce state anti-discrimination statutes in state courts. It also requires that in government buildings, individuals may only use restrooms and changing facilities that correspond to the sex on their birth certificates. For many transgender people, this prevents 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 changes 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 prevents 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 violates federal law. The DOJ asked the Governor to respond by close of business on May 9 that he will 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 declaratory relief that HB2 didn’t violate federal law. The next day, on May 10, this suit was brought by an unincorporated, non-profit association which seems to serve primarily as vehicle for the right-wing Christian advocacy group Alliance Defending Freedom to challenge the DOJ's and DOE’s positions on transgender bathroom access. They sought declaratory relief under 28 U.S.C.A. §§ 2201, asking the court to rule that the North Carolina Law doesn’t violate Title IX of The Education Amendment, Title VII of the Civil Rights Act, or the Violence Against Women Act of 2013 (VAWA, 42 U.S.C. § 13925(b)(13)). They asked the court to find that the DOJ and DOE had violated the constitution and federal law by threatening North Carolina with legal action. And they asked the court to enjoin those agencies from any action against North Carolina for enforcing HB2s restrictions on transgender bathroom access.

On May 24, plaintiffs asked the judge assigned to this case, Judge Louise Wood Flannagan, to consolidate this case with the case brought against the DOJ by Governor McCroy, Carcaño. Previously, when the plaintiffs in another lawsuit defending HB2, Berger v. United States DOJ, sought consolidation with Carcaño, governor McCrory had indicated that he would oppose consolidation if it interfered with his request to have the case moved to the middle district of North Carolina. On June 14, 2016, the DOJ filed a memorandum opposing consolidation of this case with Carcaño, noting that the plaintiffs in this case were challenging the DOJ’s position that HB2 violates Title IX while the plaintiffs in the Carcaño and Berger cases were not.

On June 29, 2016, Judge Louise Wood Flannagan denied the motion to consolidate the cases, holding that Carcaño was a less rigorous case, while Berger and the present case raised multiple different questions. Nevertheless, at the same time, the court decided to transfer the cases to the Middle District, holding they should be tried alongside Carcaño because they involved common questions and was filed first. The court was also stated that the transfer would benefit the parties, who would have a single judge rendering timely decisions and coordinating the proceedings, and the public, that would be benefited by consistent decisions by the same judge.

The case was transferred to the Middle District on June 30, 2016 (Docket No. 1:16-cv-00845). On August 22, 2016, the plaintiff filed its first amended complaint, for the purpose of adding individual plaintiffs and streamlining the language of the original claims, without adding new ones. However, on August 31, 2016, without explanation, the plaintiffs filed a notice of voluntary dismissal of the case without prejudice to the defendants. As a result, the case was closed.

Summary Authors

Ryan Berry (6/5/2016)

Daniele de Oliveira Nunes (10/17/2018)

Related Cases

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

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4303710/parties/north-carolinians-for-privacy-v-united-states-department-of-justice/


Judge(s)

Flanagan, Louise W. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Campbell, James A. (Arizona)

Connelly, Kenneth J (Arizona)

Cortman, David A. (Georgia)

Dalton, J. Caleb (Arizona)

Dewart, Deborah Jane (North Carolina)

LaRue, Joseph Eugene (Arizona)

La Rue, Joseph E. (Arizona)

Judge(s)

Flanagan, Louise W. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Schroeder, Thomas D. (North Carolina)

Attorneys(s) for Plaintiff

Campbell, James A. (Arizona)

Connelly, Kenneth J (Arizona)

Cortman, David A. (Georgia)

Dalton, J. Caleb (Arizona)

Dewart, Deborah Jane (North Carolina)

LaRue, Joseph Eugene (Arizona)

La Rue, Joseph E. (Arizona)

Sharp, John Matthew (Georgia)

Tedesco, Jeremy D. (Arizona)

Waggoner, Kristen Kellie (Washington)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Bickford, James (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Gordon, Frank J. (North Carolina)

Gupta, Vanita (District of Columbia)

James, Michael (North Carolina)

Lee, Jason (District of Columbia)

Lynch, Loretta (New York)

Other Attorney(s)

Bowers, Karl S. (South Carolina)

Brooks, Brennan Tyler (North Carolina)

Duncan, Stuart Kyle (Louisiana)

Nimocks, David A. (Texas)

Pfeiffer, Sonya (North Carolina)

Potter, Robert Daniel (North Carolina)

Schaerr, Gene C. (District of Columbia)

Stephens, Robert C. (North Carolina)

Stewart, William Woodley Jr. (North Carolina)

Documents in the Clearinghouse

Document

5:16-cv-00245

Docket [PACER]

North Carolinians for Privacy v. United States

July 18, 2016

July 18, 2016

Docket

1:16-cv-00845

Docket [PACER]

U.S. District Court for the Middle District of North Carolina

Dec. 16, 2016

Dec. 16, 2016

Docket
1

5:16-cv-00245

Complaint

North Carolinians for Privacy v. United States

May 10, 2016

May 10, 2016

Complaint
34

5:16-cv-00245

5:16-cv-00240

Order

U.S. District Court for the Middle District of North Carolina

June 29, 2016

June 29, 2016

Order/Opinion
58

1:16-cv-00845

First Amended Complaint

U.S. District Court for the Middle District of North Carolina

Aug. 22, 2016

Aug. 22, 2016

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303710/north-carolinians-for-privacy-v-united-states-department-of-justice/

Last updated May 20, 2022, 4:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400, receipt number 0417-3678475) filed by North Carolinians for Privacy. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons) (Dewart, Deborah) (Entered: 05/10/2016)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

4 Proposed Summons

View on PACER

5 Proposed Summons

View on PACER

6 Proposed Summons

View on PACER

May 10, 2016

May 10, 2016

RECAP
2

Financial Disclosure Statement by North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER

Notice to Counsel - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.)

May 11, 2016

May 11, 2016

PACER

Notice to Counsel

May 11, 2016

May 11, 2016

PACER
3

Summonses Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Baker, C.) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
4

Notice of Appearance filed by Deborah J. Dewart on behalf of North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

RECAP
5

Notice of Appearance for non-district counsel by David A. Cortman on behalf of North Carolinians for Privacy. (Cortman, David) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
6

Notice of Appearance for non-district counsel by Joseph E. La Rue on behalf of North Carolinians for Privacy. (La Rue, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
7

Notice of Appearance for non-district counsel by Jeremy D. Tedesco on behalf of North Carolinians for Privacy. (Tedesco, Jeremy) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
8

Notice of Appearance for non-district counsel by James A. Campbell on behalf of North Carolinians for Privacy. (Campbell, James) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

RECAP
9

Notice of Appearance for non-district counsel by Kristen K. Waggoner on behalf of North Carolinians for Privacy. (Waggoner, Kristen) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

RECAP
10

Notice of Appearance for non-district by John Matthew Sharp on behalf of North Carolinians for Privacy. (Sharp, John) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

RECAP
11

Notice of Appearance for non-district by Jonathan Caleb Dalton on behalf of North Carolinians for Privacy. (Dalton, Jonathan) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
12

MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Attachments: # 1 Text of Proposed Order) (Dewart, Deborah) (Entered: 05/24/2016)

1 Text of Proposed Order

View on RECAP

May 24, 2016

May 24, 2016

RECAP
13

Memorandum in Support regarding 12 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

RECAP
14

Notice of Appearance filed by James O. Bickford on behalf of All Defendants. (Bickford, James) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
15

Memorandum in Opposition regarding 12 MOTION to Consolidate Cases filed by John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice. (Bickford, James) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

RECAP

**** Set Hearing - Telephonic Rule 16 Status Conference and Motion Hearing as to 12 MOTION to Consolidate Cases set for 6/21/2016 at 10:00 AM before District Judge Louise Wood Flanagan. *Counsel will be provided dial-in instructions in advance of the telephonic hearing* (Tripp, S.)

June 15, 2016

June 15, 2016

PACER

Set/Reset Hearings

June 15, 2016

June 15, 2016

PACER
16

Notice of Appearance filed by Michael James on behalf of All Defendants. (James, Michael) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER

Motion Submitted

June 17, 2016

June 17, 2016

PACER
17

Notice of Appearance filed by Brennan Tyler Brooks on behalf of Patrick McCrory. (Brooks, Brennan) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
18

Notice of Appearance filed by William W. Stewart, Jr. on behalf of Patrick McCrory. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
19

Notice of Appearance filed by Frank J. Gordon on behalf of Patrick McCrory. (Gordon, Frank) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
20

Notice of Appearance for non-district by Karl S. Bowers, Jr. on behalf of Patrick McCrory, Frank Perry. (Bowers, Karl) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
21

RESPONSE to Motion regarding 12 MOTION to Consolidate Cases filed by Patrick McCrory, Frank Perry. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

RECAP
22

Financial Disclosure Statement by Patrick McCrory. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
23

Financial Disclosure Statement by Frank Perry. (Bowers, Karl) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
24

REPLY to Response to Motion regarding 12 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Campbell, James) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Motion Submitted to District Judge Louise Wood Flanagan - 12 MOTION to Consolidate Cases. (Baker, C.)

June 17, 2016

June 17, 2016

PACER
25

Notice of Appearance filed by Stuart K. Duncan on behalf of Philip Berger, Tim Moore. (Duncan, Stuart) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
26

Notice of Appearance filed by Robert D. Potter, Jr. on behalf of Philip Berger, Tim Moore. (Potter, Robert) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
27

RESPONSE in Support regarding 12 MOTION to Consolidate Cases filed by Philip Berger, Tim Moore. (Duncan, Stuart) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
28

Notice of Appearance filed by Gene C. Schaerr on behalf of Philip Berger, Tim Moore. (Schaerr, Gene) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

NOTICE OF DEFICIENCY regarding: 25 Notice of Appearance, 28 Notice of Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the Civil Events - Service of Process category. (Tripp, S.)

June 20, 2016

June 20, 2016

PACER

Notice of Deficiency

June 20, 2016

June 20, 2016

PACER

Remark - 27 RESPONSE in Support submitted to District Judge Louise Wood Flanagan. (Tripp, S.)

June 20, 2016

June 20, 2016

PACER

Remark

June 20, 2016

June 20, 2016

PACER
29

Certificate of Service filed by Philip Berger, Tim Moore regarding 28 Notice of Appearance . (Schaerr, Gene) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
30

Notice of Appearance filed by Robert C. Stephens on behalf of Patrick McCrory. (Stephens, Robert) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
31

Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern: Telephonic Rule 16 Status Conference and Motion Hearing as to 12 MOTION to Consolidate Cases held on 6/21/2016. Counsel present for all parties. Court hears oral argument as to motion and procedural posture of the case. Matters taken under advisement. Written order to follow. (Court Reporter - David Collier) (Baker, C.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER

Notice of Deficiency - Filing is not text searchable

June 28, 2016

June 28, 2016

PACER
32

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 33 * - Affidavit of Service for Summons and Complaint filed by North Carolinians for Privacy served on Defendants on 06/21/2016. (Campbell, James) Modified on 6/29/2016 to insert refiling information. (Baker, C.) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER

NOTICE OF DEFICIENCIES regarding 32 Affidavit of Service - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Also, supporting documents should be filed as attachments to the underlying filing. Pursuant to Section L(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document. Each exhibit or attachment must be separated as a filing party would do when creating a hard copy version of the documents. When filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the document with the necessary corrections. (Baker, C.)

June 28, 2016

June 28, 2016

PACER
33

Affidavit of Service for Summons and Complaint filed by North Carolinians for Privacy served on Defendants on 06/21/2016. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - US Dept of Justice, # 3 Exhibit B - Loretta Lynch, # 4 Exhibit C - US Dept of Education, # 5 Exhibit D - John B King Jr, # 6 Exhibit E - US Attorney Civil Process Clerk, # 7 Exhibit F - US Attorney General, # 8 Exhibit G - James Bickford) (Campbell, James) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
38

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/15/2016; that this matter is set for an Initial Pretrial Conference on July 22, 2016, at 1:00 p.m. in Courtroom 3 of the United States Courthouse in Winston−Salem, North Carolina. FURTHER ORDERED that the parties must file their Rule 26(f) Report(s), whether jointly or individually, by July 20, 2016, as noted herein. 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 (Garland, Leah) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

34

ORDER denying 12 Motion to Consolidate Cases - On its own initiative, having heard from the parties further at hearing and conference June 21, 2016, the court TRANSFERS case number 5:16-CV-240-FL and case number 5:16-CV-245-FL to the Middle District. Signed by District Judge Louise Wood Flanagan on 6/29/2016. (Baker, C.) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

RECAP

Set Initial Pretrial Conference: Initial Pretrial Conference set for 7/22/2016 at 1:00 PM in Winston−Salem Courtroom #3. (See 88 Order in 16CV126; 94 Order in 16CV425; 30 Order in 16CV844; 38 Order in 16CV845) 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 (Garland, Leah) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

Set Rule 26(f) Report Deadline: Rule 26(f) Report (jointly or individually) due by 7/20/2016. (See 88 Order in 16CV126; 94 Order in 16CV425; 30 Order in 16CV844; 38 Order in 16CV845) Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP (Garland, Leah) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

Remark - Case transferred from North Carolina Eastern District has been opened in North Carolina Middle District as case 1:16-cv-00845, filed 06/29/2016. (Baker, C.)

June 30, 2016

June 30, 2016

PACER
39

Transcript of Telephonic status conference held on 7/13/2016, before Judge Thomas D. Schroeder. Court Reporter Briana 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 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. Associated Cases: 1:16−cv−00845−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00425−TDS−JEP, 1:16−cv−00844−TDS−JEP(Nesbit, Briana) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

Remark

June 30, 2016

June 30, 2016

PACER
40

NOTICE of Appearance by attorney JOSHUA E. GARDNER on behalf of Defendants JOHN B. KING, JR, LORETTA E. LYNCH, UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF JUSTICE (GARDNER, JOSHUA) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

35

MOTION to Withdraw as Attorney filed by United States Department of Justice. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw) (James, Michael) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
41

Rule 26(f) Report (Individual). by NORTH CAROLINIANS FOR PRIVACY.(CAMPBELL, JAMES) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

36

Memorandum in Support regarding 35 MOTION to Withdraw as Attorney filed by United States Department of Justice. (James, Michael) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
42

Rule 26(f) Report (Individual). by JOHN B. KING, JR, LORETTA E. LYNCH, UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF JUSTICE.(BERWICK, BENJAMIN) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

37

ORDER granting 35 Motion to Withdraw as Attorney - Signed by District Judge Louise Wood Flanagan on 7/18/2016. (Baker, C.) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 41 Rule 26(f) Report (Individual) and, 42 Rule 26(f) Report (Individual). (Engle, Anita) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

43

STATEMENT Joint Statement Regarding Overlapping Claims by Plaintiff NORTH CAROLINIANS FOR PRIVACY. (CAMPBELL, JAMES) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

Set Hearing: Telephone Status Conference set for 8/19/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

Set Hearing: Telephone Status Conference set for 9/2/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

Set Hearing: Telephone Status Conference set for 9/16/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

Set Hearing: Telephone Status Conference set for 9/30/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

44

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/25/2016; that the Court adopts the Joint Rule 26(f) Report and the discovery schedule set forth above. FURTHER ORDERED that this matter is set for telephonic conferences at 10:00 am on August 19, 2016, September 2, 2016, September 16, 2016, and September 30, 2016. 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 (Garland, Leah) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

45

NOTICE of Appearance by attorney KENNETH J. CONNELLY on behalf of Plaintiff NORTH CAROLINIANS FOR PRIVACY (CONNELLY, KENNETH) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

46

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/28/2016, that the Court adopts the briefing schedule set out in the Joint Notice (Doc. # 112 ) in 1:16CV425, but any issues that the parties wish to raise in these cases should still be addressed in the dispositive motions and trial briefs on the schedule set out in the July 25, 2016 Scheduling Order, so that all of the relevant issues can be addressed in November after the period of expedited discovery. Associated Cases: 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(Daniel, J) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

47

Transcript of Pretrial Scheduling Conference held on 7/22/2016, before Judge Joi E. Peake. 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 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. 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(Nesbit, Briana) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

Telephone Conference set for 8/4/2016 at 4:00 P.M. before JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

48

Transcript of Preliminary Injunction held on 8/1/2016, 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 8/29/2016. Redacted Transcript Deadline set for 9/9/2016. Release of Transcript Restriction set for 11/7/2016. 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(Nesbit, Briana) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 8/4/2016. Participating in the call: Attorney Smith for Carca&#241o Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorney Campbell for Plaintiff North Carolinians for Privacy, Attorney Duncan for Legislative Intervenors, Attorney Berwick for Defendant United States, Attorney Bowers for State Defendants, Attorney Francisco for UNC Defendants, and Attorney Smith for Proposed Amici School Administrators. Written Order forthcoming. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

TEXT ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/4/2016. On August 3, 2016, the Supreme Court issued a stay of the Fourth Circuit's mandate in G.G. v. Gloucester County School Board, case number 16A52, which held that the U.S. Department of Education's guidance as to the interpretation of "on the basis of sex" in its regulation implementing Title IX was entitled to Auer deference. As a result of today's telephone hearing, the court directs the parties to address the following: (1) whether, and if so how, the Supreme Court's stay of the mandate in G.G. v. Gloucester County School Board affects this court, including as to the rules of law this court must apply; (2) this courts authority to grant preliminary injunctive relief, on a facial basis or otherwise, beyond the scope of the individually named Plaintiffs (both under Title IX and as a constitutional matter). Plaintiffs' briefs are due by 5:00 p.m. Monday, August 8, 2016. Defendants' responses are due by noon on Friday, August 12, 2016. Briefs are limited to 20 pages per side, and the parties are encouraged to work together. In addition, the parties are directed to meet and confer to determine if there is any value in adjusting the pretrial or trial schedule and whether or not there is agreement to participate in this district's mediation process. Parties are to report back via letter to Ms. Engle as to the results of the conference by 5:00 p.m. on August 8, 2016. SO ORDERED. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

49

NOTICE of Hearing: Bench Trial set for 11/14/2016 at 09:30 AM in Winston−Salem Courtroom #1 before JUDGE THOMAS D. SCHROEDER. Exhibit and witness lists and deposition designations shall be filed no later than October 24, 2016. Any objections thereto, as well as any counter−designations, shall be filed no later than November 2, 2016. Pre−trial briefs shall be submitted no later than November 7, 2016. No opposition briefs shall be allowed. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

51

Partially Unopposed MOTION by NORTH CAROLINIANS FOR PRIVACY to Proceed Using Intitials. Responses due by 8/29/2016. (Attachments: # 1 Text of Proposed Order)(CAMPBELL, JAMES) Modified document title on 8/8/2016. (Daniel, J) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

52

MEMORANDUM filed by Plaintiff NORTH CAROLINIANS FOR PRIVACY re 51 Partially Unopposed MOTION to Proceed Using Initials . (Attachments: # 1 Exhibit 1 − Declaration of S.B., # 2 Exhibit 2 − Declaration of E.S., # 3 Exhibit 3 − Declaration of D.H.)(CAMPBELL, JAMES) Modified document title on 8/8/2016. (Daniel, J) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 50 MOTION for Leave to File Amended Complaint. (Engle, Anita) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

53

NOTICE by JOHN B. KING, JR, LORETTA E. LYNCH, UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF JUSTICE Regarding Supplemental Brief (BERWICK, BENJAMIN) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

54

MOTION for Extension of Time to File Answer by JOHN B. KING, JR, LORETTA E. LYNCH, UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(LEE, JASON) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 51 MOTION to Proceed under Fictitious Name and 54 MOTION for Extension of Time to File Answer. (Engle, Anita) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

55

NOTICE by NORTH CAROLINIANS FOR PRIVACY (CAMPBELL, JAMES) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

56

NOTICE by PHILIP BERGER, TIM MOORE re 44 Rule 26f (Joint),, Order on Rule 26f Report − Individual,,,,, JOINT NOTICE OF ISSUES FOR STATUS CONFERENCE (POTTER, ROBERT) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint Notice of Issues for Status Conference ( 119 in 1:16cv236), ( 56 in 1:16cv845), ( 147 in 1:16cv425). Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

TEXT ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/18/2016 CANCELLING the Telephone Status Conference set for 8/19/2016 at 10:00 AM. Parties are directed to file a Joint Status Report by Wednesday, 8/24/2016. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

57

ORDER Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/19/16. IT IS THEREFORE ORDERED that Plaintiffs Unopposed Motion for Leave to File Amended Complaint 50 is GRANTED and Plaintiff must file its Amended Complaint as a separate pleading within seven (7) days of the date of this Order. IT IS FURTHER ORDERED that Defendants Unopposed Motion for Extension of Time 54 is GRANTED and Defendants deadline for filing a response to Plaintiffs Amended Complaint is extended to September 6, 2016. FINALLY, IT IS ORDERED that Plaintiffs Partially Unopposed Motion to Proceed Using Initials 51 is GRANTED as set out herein, and any remaining issues will be addressed at the next pretrial status conference. (Garrett, Kim) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

58

First AMENDED COMPLAINT against defendant All Defendants, filed by NORTH CAROLINIANS FOR PRIVACY.(CAMPBELL, JAMES) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

59

NOTICE by PHILIP BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINIANS FOR PRIVACY, FRANK PERRY JOINT NOTICE OF ISSUES FOR STATUS CONFERENCE (STEWART, WILLIAM) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

TEXT ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/25/2016. In light of the Joint Notice filed by the parties, the Court will not set this matter for a status conference on August 26, 2016. However, it appears that a status conference in the near future would be appropriate, in order to address any discovery and scheduling issues. Therefore, the Court will plan to conduct a discovery status conference on September 2, 2016, and given the potential issues to be addressed, the Court will conduct that status conference in person rather than by telephone hearing. Therefore, this matter will be set for a discovery status conference on September 2, 2016 at 10:00 a.m. in Courtroom 3 of United States Courthouse in Winston−Salem, NC. The parties should file their Joint Notice by August 31, 2016 to outline any issues that they would seek to raise at the status conference. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

Set Hearing: Status Conference set for 9/2/2016 at 10:00 AM in Winston−Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

60

Consent MOTION for Extension of Time to File Answer by JOHN B. KING, JR, LORETTA E. LYNCH, UNITED STATES DEPARTMENT OF EDUCATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(BERWICK, BENJAMIN) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

ORDER granting 60 Motion for Extension of Time to Answer for All Defendants. Answer due by 9/20/2016. Signed by John Brubaker, Clerk of Court, on 08/31/2016. (Brubaker, John) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

62

***FILED IN ERROR*** MOTION for Leave to File Brief as Amici Curiae by Proposed Amici Curiae − TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U. (Attachments: # 1 Supplement, # 2 Text of Proposed Order) Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(NIMOCKS, DAVID) Modified on 9/2/2016 to reflect filed in error and terminated public access. (Daniel, J) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

63

NOTICE of Voluntary Dismissal of case by Plaintiff NORTH CAROLINIANS FOR PRIVACY Associated Cases: 1:16−cv−00845−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00425−TDS−JEP(CAMPBELL, JAMES) Modified on 9/12/2016 to reflect filed in error and terminated public access. (Daniel, J) Modified on 12/16/2016. Document terminated in error. (Engle, Anita). (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

Civil Case Terminated. (Daniel, J) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

66

Transcript of Proceedings held on 09/02/2016, before Judge Joi E. Peake. 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 10/3/2016. Redacted Transcript Deadline set for 10/14/2016. Release of Transcript Restriction set for 12/12/2016. 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(Nesbit, Briana) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

68

Transcript of Status Conference held on 09/30/2016, before Judge Joi E. Peake. 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 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/17/2017. 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 (Nesbit, Briana) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

69

***FILED IN ERROR*** NOTICE of Appearance by attorney SONYA PFEIFFER on behalf of Witnesses A. N., A. T., Alaina Kupep. Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(PFEIFFER, SONYA) Modified on 12/16/2016 to reflect filed in error − see 12/16/2016 TEXT Order. (Daniel, J) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

70

***FILED IN ERROR*** MOTION of Non−Party Witnesses to Join United States' Motion to Partially Quash and Modify Defendants' Subpoenas Duces Tecum and for a Protective Order by A. N., Alaina Kupec, A. T.. Responses due by 11/14/2016 Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(PFEIFFER, SONYA) Modified on 12/16/2016 to reflect filed in error and terminated motion per 12/16/2016 TEXT Order. (Daniel, J) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

71

***FILED IN ERROR *** MOTION to Adopt (204 in 1:16−cv−00425−TDS−JEP, 204 in 1:16−cv−00425−TDS−JEP) MOTION to Quash and Modify Defendants Subpoenas Duces Tecum MOTION for Protective Order by Stephanie Paige Dula. Responses due by 11/17/2016 Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(SUSSMAN, JACOB) Modified on 12/16/2016 to reflect filed in error and terminated motion per 12/16/2016 TEXT Order. (Daniel, J) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

72

Transcript of the Telephonic Status Conference held on 11/14/2016, before Judge Joi E. Peake. 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 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017. Associated Cases: 1:16−cv−00425−TDS−JEP, 1:16−cv−00236−TDS−JEP, 1:16−cv−00844−TDS−JEP, 1:16−cv−00845−TDS−JEP(Nesbit, Briana) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

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) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

Case Details

State / Territory: North Carolina

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 10, 2016

Closing Date: Aug. 31, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An unincorporated, nonprofit association created to support North Carolina's restrictions on transgender bathroom access, five students at elementary, middle and high schools throughout North Carolina, their parents, and one parent of a high school student.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Bathing and hygiene

Bathrooms

Buildings

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Government Services

Reasonable Accommodations

Reasonable Modifications

School/University Facilities

School/University policies

Discrimination-basis:

Gender identity

Sexual orientatation