Case: Johnson v. Jessup

1:18-cv-00467 | U.S. District Court for the Middle District of North Carolina

Filed Date: May 30, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 30, 2018, two low-income citizens facing permanent license revocation filed this class action in the U.S. District Court for the Middle District of North Carolina. The case was assigned to Chief Judge Thomas D. Schroeder. The plaintiffs sued the commissioner of the North Carolina Division of Motor Vehicles (DMV) under §1983 for alleged violations of Fourteenth Amendment Due Process. The plaintiff class was represented by the Southern Poverty Law Center and the ACLU of North Carolina. The…

On May 30, 2018, two low-income citizens facing permanent license revocation filed this class action in the U.S. District Court for the Middle District of North Carolina. The case was assigned to Chief Judge Thomas D. Schroeder. The plaintiffs sued the commissioner of the North Carolina Division of Motor Vehicles (DMV) under §1983 for alleged violations of Fourteenth Amendment Due Process. The plaintiff class was represented by the Southern Poverty Law Center and the ACLU of North Carolina.

The parties sought class action status for a statewide class of those whose driver’s licenses had been indefinitely revoked for failure to pay traffic tickets. The state's statute required automatic license revocation 40 days after a court judgment and nonpayment of the traffic ticket. This affected hundreds of thousands of North Carolina residents. The class claimed the DMV’s enforcement of the statute failed to assess the plaintiffs’ abilities to pay or whether their non-payment was willful, because the DMV revoked licenses before conducting pre-deprivation hearings. The plaintiff class sought declaratory relief stating that the North Carolina statute and the DMV’s enforcement was unconstitutional. They also sought to enjoin the DMV from revoking future licenses with a preliminary and permanent injunction, and to mandate the DMV to lift prior revocations. The plaintiffs requested to certify two classes of individuals: first, those in danger of having their licenses indefinitely revoked in the near future, and second, those who already had their licenses indefinitely revoked.

On August 7, 2018, the plaintiffs filed an amended complaint that added two plaintiffs to the suit and a second motion for preliminary injunction. On August 21, 2018 the defendant filed an answer to the amended complaint and a motion for judgment on the pleadings.

On March 31, 2019, Judge Schroeder filed an opinion and order on the defendant's motion for judgment on the pleadings and class certification. 381 F.Supp.3d 619. He granted judgment in favor of the defendants on the substantive due process and equal protection claims, saying that because the right to possess a drivers license does not impede a constitutionally enshrined right, like access to counsel or the courts, it is not subject to fundamental fairness review. He added that this policy easily passes rational basis review, since it is meant to compel compliance with traffic laws. However, he noted that the defendants did not ask for judgment on the plaintiff's due process claims, so those claims continued. He certified both classes.

The plaintiffs appealed Judge Schroeder's decision to enter judgment in favor of the defendants on the substantive due process and equal protection claims on April 17, 2019, Fourth Circuit docket 19-1421. One week later, Judge Schroeder granted a motion to stay proceedings until the appeals court makes a decision on the case.

The appeal has been fully briefed, and oral argument was initially set for March 17, 2020, but it was rescheduled in light of the COVID-19 pandemic. As of June 2020, a new oral argument date has not yet been set. The case is ongoing.

Summary Authors

Hannah Basalone (10/10/2018)

Ellen Aldin (6/5/2020)

Related Cases

White v. Shwedo, District of South Carolina (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6959820/parties/johnson-v-goodwin/


Judge(s)

Auld, Patrick (North Carolina)

Attorney for Plaintiff

Becker, Cristina M. (North Carolina)

Brook, Christopher (North Carolina)

Brooke, Samuel (Alabama)

Attorney for Defendant

Brennan, Stephanie A. (North Carolina)

show all people

Documents in the Clearinghouse

Document

1:18-cv-00467

Docket

March 27, 2020

March 27, 2020

Docket
1

1:18-cv-00467

Complaint

May 30, 2018

May 30, 2018

Complaint
36

1:18-cv-00467

Plaintiffs' Second Motion for Class Certification

Aug. 7, 2018

Aug. 7, 2018

Pleading / Motion / Brief
35

1:18-cv-00467

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Aug. 7, 2018

Aug. 7, 2018

Pleading / Motion / Brief
38

1:18-cv-00467

Plaintiffs' Second Motion for Preliminary Injunction

Aug. 7, 2018

Aug. 7, 2018

Pleading / Motion / Brief
65

1:18-cv-00467

Memorandum Opinion and Order

March 31, 2019

March 31, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6959820/johnson-v-goodwin/

Last updated Jan. 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against Torre Jessup ( Filing fee $ 400 receipt number 0418-2358880.), filed by Seti Johnson, Sharee Smoot. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
2

MOTION for Preliminary Injunction by Seti Johnson, Sharee Smoot. Response to Motion due by 6/20/2018 (Attachments: # 1 Memorandum in Support)(GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
3

MOTION to Certify Class by Seti Johnson, Sharee Smoot. Response to Motion due by 6/20/2018 (Attachments: # 1 Memorandum in Support)(GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
4

DECLARATION of Seti Johnson by Plaintiff Seti Johnson. (GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
5

DECLARATION of Sharee Smoot by Plaintiff Sharee Smoot. (Attachments: # 1 Attachment A, # 2 Attachment B)(GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
6

DECLARATION of Samuel Brooke re 3 MOTION to Certify Class, 2 MOTION for Preliminary Injunction by Plaintiffs Seti Johnson, Sharee Smoot. (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)(GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)

May 30, 2018

May 30, 2018

PACER
7

MEMORANDUM filed by Plaintiffs SETI JOHNSON, SHAREE SMOOT re 2 MOTION for Preliminary Injunction (refiled as separate docket event per instruction by Clerk) filed by SETI JOHNSON, SHAREE SMOOT. (GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
8

MEMORANDUM filed by Plaintiffs SETI JOHNSON, SHAREE SMOOT re 3 MOTION to Certify Class (refiled as separate docket event per instruction by Clerk) filed by SETI JOHNSON, SHAREE SMOOT. (GRAUNKE, KRISTI) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
9

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (BROOK, CHRISTOPHER) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
10

NOTICE of Appearance by attorney CRISTINA M. BECKER on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (BECKER, CRISTINA) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
11

NOTICE of Appearance by attorney SNEHA M. SHAH on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (SHAH, SNEHA) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
12

NOTICE of Appearance by attorney SAMUEL J. BROOKE on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (BROOKE, SAMUEL) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
13

NOTICE of Appearance by attorney EMILY C.R. EARLY on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (EARLY, EMILY) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle)

May 31, 2018

May 31, 2018

PACER
14

Summons Issued as to TORRE JESSUP. (Coyne, Michelle) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
15

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 consent form)(Coyne, Michelle) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
16

NOTICE of Appearance by attorney NUSRAT J. CHOUDHURY on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (CHOUDHURY, NUSRAT) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
17

NOTICE of Appearance by attorney RODKANGYIL O. DANJUMA on behalf of Plaintiffs SETI JOHNSON, SHAREE SMOOT (DANJUMA, RODKANGYIL) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
18

Declaration of Proof of Service served on TORRE JESSUP, in his official capacity, on 06/01/2018, filed by SETI JOHNSON, SHAREE SMOOT. . (BECKER, CRISTINA) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
19

Notice of Appearance

June 4, 2018

June 4, 2018

PACER
20

Notice of Appearance

June 5, 2018

June 5, 2018

PACER
21

Hearing

June 5, 2018

June 5, 2018

PACER
22

Notice of Appearance

June 6, 2018

June 6, 2018

PACER
23

Extension of Time to File Answer

June 15, 2018

June 15, 2018

PACER
24

Extension of Time to File Response/Reply

June 15, 2018

June 15, 2018

PACER
25

Extension of Time to File Response/Reply

June 15, 2018

June 15, 2018

PACER
26

Response to Motion

June 18, 2018

June 18, 2018

PACER
27

Notice of Appearance

June 21, 2018

June 21, 2018

PACER
28

Suggestion of Subsequently Decided Authority

July 24, 2018

July 24, 2018

PACER
29

Notice of Appearance

July 27, 2018

July 27, 2018

PACER
30

Withdrawal of Motion

July 30, 2018

July 30, 2018

PACER
31

Withdrawal of Motion

July 30, 2018

July 30, 2018

PACER
32

Notice - Other

July 30, 2018

July 30, 2018

PACER
33

Extension of Time to File Answer

July 30, 2018

July 30, 2018

PACER
34

Order on Motion for Extension of Time to Answer

July 31, 2018

July 31, 2018

PACER
35

Amended Complaint

Aug. 7, 2018

Aug. 7, 2018

PACER
36

Certify Class

Aug. 7, 2018

Aug. 7, 2018

PACER
37

Memorandum

Aug. 8, 2018

Aug. 8, 2018

PACER
38

Preliminary Injunction

Aug. 8, 2018

Aug. 8, 2018

PACER
39

Memorandum

Aug. 8, 2018

Aug. 8, 2018

PACER
40

Declaration

Aug. 8, 2018

Aug. 8, 2018

PACER
41

Declaration

Aug. 8, 2018

Aug. 8, 2018

PACER
42

Notice of Appearance

Aug. 10, 2018

Aug. 10, 2018

PACER
43

Answer to Amended Complaint

Aug. 22, 2018

Aug. 22, 2018

PACER
44

Notice of Initial Pretrial Conference Hearing

Aug. 23, 2018

Aug. 23, 2018

RECAP
45

Response in Opposition to Motion

Aug. 28, 2018

Aug. 28, 2018

PACER
46

Judgment on the Pleadings

Aug. 28, 2018

Aug. 28, 2018

PACER
47

Memorandum

Aug. 28, 2018

Aug. 28, 2018

PACER
48

Response in Opposition to Motion

Aug. 28, 2018

Aug. 28, 2018

PACER
49

Reply to Response to Motion

Sept. 11, 2018

Sept. 11, 2018

PACER
50

Reply to Response to Motion

Sept. 11, 2018

Sept. 11, 2018

PACER
51

Response in Opposition to Motion

Sept. 18, 2018

Sept. 18, 2018

PACER
52

Rule 26f Report - Joint

Sept. 19, 2018

Sept. 19, 2018

PACER
53

Rule 26f Report - Joint

Dec. 12, 2018

Dec. 12, 2018

PACER

Motions Referred

Dec. 13, 2018

Dec. 13, 2018

PACER

Rule 26f - Joint

Dec. 13, 2018

Dec. 13, 2018

PACER

Set/Reset Deadlines/Hearings

Dec. 13, 2018

Dec. 13, 2018

PACER
54

Withdraw as Attorney

Dec. 21, 2018

Dec. 21, 2018

PACER

Motions Referred

Dec. 21, 2018

Dec. 21, 2018

PACER

Order on Motion to Withdraw as Attorney

Dec. 21, 2018

Dec. 21, 2018

PACER
61

Suggestion of Subsequently Decided Authority

March 6, 2019

March 6, 2019

PACER
62

Affidavit

March 13, 2019

March 13, 2019

PACER
63

Declaration

March 13, 2019

March 13, 2019

PACER

Motion Hearing

March 13, 2019

March 13, 2019

PACER
64

Supplement

March 14, 2019

March 14, 2019

PACER
65

MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 3/31/2019. IT IS ORDERED that the Commissioner's motion for judgment on the pleadings (Doc. 46 ) is GRANTED IN PART and DENIED IN PART, Plaintiffs' second motion for class certification (Doc. 36 ) is GRANTED IN PART and Plaintiffs' second motion for preliminary injunction (Doc. 38 ) is DENIED.(Engle, Anita) (Main Document 65 replaced on 4/2/2019 due to technical issue.) (Engle, Anita). (Entered: 03/31/2019)

March 31, 2019

March 31, 2019

RECAP
66

NOTICE of Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendant TORRE JESSUP (BRENNAN, STEPHANIE) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
67

NOTICE of Appearance by attorney IVY A. JOHNSON on behalf of Plaintiffs MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH (JOHNSON, IVY) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
68

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. IRENA COMO is substituted as counsel for Plaintiffs. Attorney CHRISTOPHER A. BROOK terminated. (COMO, IRENA) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
69

NOTICE OF APPEAL as to 65 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction, Order on Motion for Judgment on the Pleadings by MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. Filing fee $ 505, receipt number 0418-2552464. (GRAUNKE, KRISTI) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
70

Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 69 Notice of Appeal, (Taylor, Abby) (Main Document 70 replaced on 4/18/2019 for correction in text) (Taylor, Abby). Modified on 4/18/2019 (Taylor, Abby). (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
71

NOTICE of Docketing Record on Appeal from USCA re 69 Notice of Appeal, filed by NICHELLE YARBOROUGH, MARIE BONHOMME-DICKS, SHAREE SMOOT, SETI JOHNSON. USCA Case Number 19-1421. Case Manager: Emily Borneisen. (Taylor, Abby) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
72

Joint MOTION to Stay District Court Proceedings Pending Appeal by MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. Response to Motion due by 5/13/2019 (Attachments: # 1 Text of Proposed Order)(BROOKE, SAMUEL) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER

Motions Submitted

April 23, 2019

April 23, 2019

PACER

Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: 72 Joint MOTION to Stay District Court Proceedings Pending Appeal. (Engle, Anita)

April 23, 2019

April 23, 2019

PACER
73

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 04/23/2019, that this action is STAYED pending a decision on Plaintiffs' appeal before the U.S. Court of Appeals for the Fourth Circuit and the parties' deadline to file a joint proposed Rule 26(f) report by April 24, 2019 and the parties' Initial Pretrial Conference on April 29, 2019 (see Doc. 58 ) is CANCELLED. FURTHER that the parties are to submit a joint status report to this court within 14 days of the Fourth Circuit's issuance of its mandate in connection with Plaintiff's appeal.(Taylor, Abby) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER

Case Stayed

April 25, 2019

April 25, 2019

PACER

Case Stayed. (See 73 Order) (Engle, Anita)

April 25, 2019

April 25, 2019

PACER
74

***FILED IN ERROR*** TRANSCRIPT REQUEST by MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH for proceedings held on 3/13/19 before Judge Thomas Schroeder, re 69 Notice of Appeal, Transcript due by 5/28/2019. (BROOKE, SAMUEL) Modified on 4/29/2019 to mark filed in error. (Sheets, Jamie) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
75

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. EMILY E. SEAWELL is substituted as counsel for Plaintiffs. Attorney CRISTINA M. BECKER terminated. (SEAWELL, EMILY) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
76

Transcript of Proceedings held on 03/13/2019, before Judge Thomas D. Schroeder. Court Reporter Briana L. Bell, Telephone number 336-734-2514. Email: brinesbit@gmail.com. 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 7/26/2019. Redacted Transcript Deadline set for 8/5/2019. Release of Transcript Restriction set for 10/3/2019. (Bell, Briana) (Main Document 76 replaced on 7/19/2019) (Contreras, Jamie). (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
77

USCA ORDER. The court grants the motion to withdraw Matthew W. Sawchak from further representation on appeal. USCA Case Number 19-1421. (Sheets, Jamie) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
78

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. SAMUEL J. BROOKE is substituted as counsel for Plaintiffs. Attorney SAMUEL J. BROOKE terminated. (BROOKE, SAMUEL) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
79

ORDER of USCA. The court grants the motion to withdraw Samuel Jacob Brooke from further representation on appeal as to 69 Notice of Appeal, filed by NICHELLE YARBOROUGH, MARIE BONHOMME-DICKS, SHAREE SMOOT, SETI JOHNSON (Taylor, Abby) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
80

MOTION to Seal Motion to Withdraw as Counsel for Plaintiff Smoot [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. Response to Motion due by 5/17/2021 (KANG, LEAH) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
81

SEALED MOTION Motion to Withdraw as Counsel for Plaintiff Smoot filed by Plaintiffs MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. (Attachments: # 1 Exhibit Early Declaration, # 2 Exhibit Ray Declaration)(KANG, LEAH) Modified on 5/7/2021 to reflect document is a motion.(Marsh, Keah) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER

Motions Submitted

May 20, 2021

May 20, 2021

PACER

Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: 81 SEALED MOTION, 80 MOTION to Seal Motion to Withdraw as Counsel for Plaintiff Smoot. (Engle, Anita)

May 20, 2021

May 20, 2021

PACER
82

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 05/20/2021, granting 80 Motion to Seal. Plaintiffs' counsel's unopposed motion for leave to file under seal their motion to withdraw from representation of Plaintiff Sharee Smoot and supporting exhibits is GRANTED. (Taylor, Abby) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
83

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 05/20/2021, granting re 81 SEALED MOTION. Plaintiffs' motion to withdraw from representation of Plaintiff Sharee A. Smoot is GRANTED.The Clerk is directed to designate Plaintiff Smoot as proceeding pro se in this matter and to mail a copy of this order by certified, first-class mail to Sharee A. Smoot at the following addresses: 1622 Daley Cir NE Concord, NC 28025 and 126 Lore Street SW Concord, NC 28025. (Taylor, Abby) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
84

Joint MOTION to Lift Stay of District Court Proceedings by MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. (Attachments: # 1 Text of Proposed Order)(EARLY, EMILY) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER

Motions Submitted

May 24, 2021

May 24, 2021

PACER

Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: 84 Joint MOTION to Lift Stay of District Court Proceedings. (Engle, Anita)

May 24, 2021

May 24, 2021

PACER
85

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 05/25/2021, that the stay granted in the above-captioned on April 23, 2019 (Doc. 73 ), is hereby LIFTED based on the Parties' proposed class-action settlement agreement that they will submit to this court for its preliminary and final approval by separate cover. (Taylor, Abby) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
86

Certified Return of Service on 05/26/2021 to Sharee A. Smoot Re: 83 Order (Taylor, Abby) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
87

MOTION to Withdraw as Attorney EMILY E. SEAWELL and Sneha Shah by on behalf of MARIE BONHOMME-DICKS, SETI JOHNSON, SHAREE SMOOT, NICHELLE YARBOROUGH. Responses due by 7/21/2021 (Attachments: # 1 Text of Proposed Order)(SEAWELL, EMILY) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Motions Referred

June 30, 2021

June 30, 2021

PACER

Order on Motion to Withdraw as Attorney

June 30, 2021

June 30, 2021

PACER

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 87 MOTION to Withdraw as Attorney EMILY E. SEAWELL and Sneha Shah. (Engle, Anita)

June 30, 2021

June 30, 2021

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of individuals whose driver's licenses will be revoked in the future and a class of individuals whose driver's licenses have been revoked without an inquiry into the individual's ability to pay.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commissioner, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Fines/Fees/Bail/Bond

Public benefits (includes, e.g., in-state tuition, govt. jobs)