Case: Democracy North Carolina v. North Carolina Board of Elections

1:20-cv-00457 | U.S. District Court for the Middle District of North Carolina

Filed Date: May 22, 2020

Closed Date: March 28, 2023

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This suit was filed on May 22, 2020, by two non-profit organizations and six individual plaintiffs against the state of North Carolina to challenge various election laws in light of COVID-19. The plaintiffs sought declaratory and injunctive relief. No outcome yet. On May 22, 2020, Democracy North Carolina, the League of Wom…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This suit was filed on May 22, 2020, by two non-profit organizations and six individual plaintiffs against the state of North Carolina to challenge various election laws in light of COVID-19. The plaintiffs sought declaratory and injunctive relief. No outcome yet.


On May 22, 2020, Democracy North Carolina, the League of Women Voters of North Carolina, and six individual plaintiffs filed a suit against the North Carolina State Board of Elections, the North Carolina Department of Transportation, the North Carolina Department of Health and Human Services and the Secretary of Health and Human Services, challenging various election laws in light of COVID-19. They alleged that the current voting regulations limited rights to vote, free speech and association, and procedural due process, in violation of the First and Fourteenth Amendments. They further alleged that the defendants failed to accommodate those with medical vulnerabilities and disabilities, which had a disparate impact. Represented by the Fair Elections Center and private attorneys, the plaintiffs sought declaratory relief under 28 U.S.C. §§ 2201-02, and injunctive relief under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, Section 504 of the Rehabilitation Act, and 29 U.S.C. § 794. Specifically, they sought to enjoin enforcement of the Organizational Assistance ban and Uniform Hours Requirement for the 2020 general elections. Further, the plaintiffs sought an order requiring the defendant to implement online voter registration portals and contactless boxes for absentee ballots among other remedies. The case was filed in the Middle District of North Carolina and assigned to Magistrate Judge Joe L. Webster.

Under North Carolina law, voters were subject to a 25 day mail-in or online voter registration deadline, and were required to submit the State Board’s Election form with acceptable residency documentation to request an absentee ballot. The plaintiffs alleged that such regulations governing absentee vote applications posed an undue burden to the fundamental right to vote. The plaintiffs also alleged that North Carolina’s Organizational Assistance ban, which prohibits assistance with and return of absentee ballots, and the Uniform Hours Requirement, which requires uniform hours in all precincts, violated the First and Fourteenth Amendments. They further alleged that current law does not accommodate those with medical vulnerabilities and disabilities, like the six individual plaintiffs.

On June 5, the plaintiffs filed a motion for preliminary injunction amended the complaint to add two additional voter plaintiffs. On June 10, the President Pro Tempore of the North Carolina Senate and the Speaker of the North Carolina House of Representatives moved to intervene as intervenor defendants, which was granted on June 12.

Meanwhile, House Bill 1169 was passed on July 16, 2020, to reduce the requirement of two witnesses for absentee ballots to one witness (One-Witness Requirement). In response to the changes, the plaintiffs filed a motion to amend the complaint and preliminary injunction, and to request expedited briefing on June 18. The plaintiffs alleged that the newly implemented changes were inadequate to address the constitutional issues in the lawsuit as the House Bill still required a witness. The same day, the Republican National Committee (RNC) National Republican Senatorial Committee (NRSC), National Republican Congressional Committee (NRCC), and North Carolina Republican Party (NCRP) moved to intervene as defendants, which was denied on June 24. On June 24, the RNC, NRSC, NRCC, and NCRP filed a motion for reconsideration and appealed the decision to the Fourth Circuit on July 2.

Throughout July, each party submitted briefs in response to the preliminary injunction. On July 2, the plaintiffs filed additional declarations in support of their original declaration. Included in the submissions were various first hand evidence in support of the original motion, as well as evidence raising new issues. In response, the defendants filed a motion to strike the declarations or to take discovery on June 6. The plaintiffs, in opposing the defendants’ motion, argued that the defendants’ reply declarations were not proper because the defendants had adequate time to prepare a response. The parties disputed on whether the plaintiff’s declarations constituted new evidence in support of their motion for preliminary injunction.

On July 20, 2020, the court held an evidentiary hearing and arguments on the plaintiff’s preliminary injunction. On July 27, the court granted the defendants’ motion to strike in part, and also partially granted the defendant’s request for pre-hearing discovery. 2020 WL 4288103. In addressing the issue on whether the plaintiffs’ additional declarations submitted on July 2 constituted new evidence, the court found that the plaintiffs’ reply declarations presented new issues to which the opposing party would not have an opportunity to respond.

On July 30, the defendants filed a motion to dismiss for failure to state a claim. The plaintiffs proposed a third amended complaint the same day, in response to Defendant Karen Brinson Bell’s July 17 emergency order regarding early voting plans. The plaintiffs alleged that the emergency order did not alleviate the burden placed on voters because it added requirements for weekend hours without lifting the uniform hours requirement.

On August 4, 2020, the court granted in part and denied in part the plaintiffs’ amended motion for a preliminary injunction. The court enjoined several rules related to nursing homes that would disenfranchise the plaintiffs, enjoined the rejection of absentee ballots unless the voter was provided due process, and denied with respect to the rest of the requested relief. The court found that the plaintiffs hadn’t adequately demonstrated that they would be successful on the merits with respect to the denied relief. The injunction was to remain in force until the defendants implemented a cure process that provided a voter with notice and an opportunity to be heard before their absentee ballot with a material error was disallowed or rejected. Three weeks later, the plaintiffs submitted a motion for reconsideration, requesting that the court extend the scope of relief offered to one of the plaintiffs in the preliminary injunction order. 

The defendants released a memo on August 21, 2020, issuing guidance for the procedure county boards were required to use to address deficiencies in absentee ballots (Memo 2020-19). The memo: instructed county election boards to 1) accept a voter’s signature on the return envelope if it appeared to be made by the voter, absent clear evidence to the contrary, even if the signature was illegible, 2) allow a voter to cure their ballot via voter affidavit if the voter failed to sign the certification or signed in the wrong place, 3) prohibit a voter from curing their ballot in case of all other listed deficiencies, including a missing signature, name, or address of the witness; an incorrectly placed witness or assistant signature; or an unsealed or re-sealed envelope. Counties were required to notify voters regarding any ballot deficiency that could be cured within one day of the county identifying the defect. After a voter was notified of the deficiency, the voter was required to return a cure affidavit by Thursday, November 12, 2020. In the case of an incurable defect, a new ballot was to be issued only if there was time to mail the voter a new ballot to be received by Election Day.  If a voter who submitted an incurable ballot was unable to receive a new absentee ballot in time, they had the option to vote in person on Election Day. 

Following the issuance of the memo, the plaintiffs expressed concerns over the guidance, claiming the protections laid out by the defendants were insufficient to satisfy due process requirements as required by the court’s August 4th order. These concerns included: 1) the lack of a timeframe for reviewing absentee ballots for deficiencies, 2) unclear procedures for voter notification if a cure was necessary, 3) the lack of a remote option for voters to contest the disapproval of their deficient ballot, 4) a lack of any indication as to how the cure process was to be monitored and enforced, 5) a failure to clearly prohibit counties from implementing a signature verification process, and 6) the ambiguity around the acceptability of unique electronic signatures. The defendants revised the memo on September 22, 2020, in an attempt to respond to the plaintiffs’ concerns (Revised Memo). The revised guidance extended the deadline for absentee ballots to be received to November 12, 2020. It also altered which ballot deficiencies fell into the curable and incurable categories: unlike Memo 2020-19, the Revised Memo advised that ballots missing a witness or assistant name or address, as well as ballots with a missing or misplaced witness or assistant signature, could be cured via voter certification. The certification could be filed through November 12, 2020, eight days after Election Day. In response, the plaintiffs’ submitted a motion requesting enforcement of the preliminary injunction on the basis of the August 4th order on September 30, 2020, claiming that even the Revised Memo failed to meet the due process requirements outlined by that order. The plaintiffs’ requested in the alternative that the court expedite its consideration of the motion to enforce. 

On September 30, 2020, the district court issued a ruling on the defendants’ motion for reconsideration, denying intervention to the RNC, NRSC, NRCC, and NCRP once again. The plaintiffs' motion for reconsideration of the preliminary injunction order was also denied. 2020 WL 6591396. On October 2, 2020 the court denied the plaintiffs’ motion to enforce, but granted their requested alternative of expedited consideration. 2020 WL 6589362.

The Legislative Defendants submitted a motion for relief pursuant to the Writs Act on October 5, 2020, requesting that the court affirmatively enjoin the issuance and enforcement of the Revised Memo. The plaintiffs submitted their own motion for affirmative relief the same day. The court issued an order on October 14, 2020, in which the Legislative Defendants’ motion was granted in part and denied in part, and the plaintiffs’ motion for relief was denied. 2020 WL 6058048. The court granted the Legislative Defendants’ request to enjoin the witness signature cure process created in the Revised Memo, because the process was inconsistent with the court’s August 4th order. The court denied the request to enjoin the rest of the Revised Memo, finding that was prevented by precedent. The plaintiffs’ request for enforcement of the injunction was denied, because the court found that the defendants’ Revised Memo complied with its August 4th order.

On October 26, 2020, the Legislative Defendants filed a motion for clarification, requesting that the court extend the granted relief and further enjoin the cure of any ballots which: 1) had the voter’s information in the place of the witness, 2) lacked a printed witness name, 3) lacked any part of a witness address, or 4) lacked a legible witness signature. They argued that these defects made it impossible to identify the voter’s witness, and curing such ballots would therefore violate the statutory witness requirement. The court denied the motion four days later on October 30. 2020 WL 6383222. It found that extending the scope of the relief in such a manner was beyond the court’s jurisdiction because the issue here was one of state law, and federal courts are prohibited from directing state actors to implement state law in a particular manner, absent a relevant federal claim to justify the federal court’s involvement.

Litigation continued, and on March 8, 2021, the court granted the plaintiffs’ motion to file an amended complaint, denying the defendants’ motions to dismiss as moot. The plaintiffs filed their third amended complaint on March 18, 2021. Following the complaint, the court stayed the case until June 29, 2021 pending a status report from the parties as to which issues had been resolved and which remained to be litigated. On June 29, 2021, the plaintiffs filed another motion to amend their complaint. The court granted this motion on July 6, 2021, and the plaintiffs were given five days to file their fourth amended complaint, and serve voluntary dismissals to parties who were no longer parties to this action. The North Carolina Department of Health and Human Services, the North Carolina Department of Transportation, and several members of the state board of elections were dismissed on July 8, 2021.

The plaintiffs filed their fourth amended complaint on July 8 as well, alleging claims under the First Amendment, the Fourteenth Amendment Due Process clause, and Section 208 of the Voting Rights Act (VRA). They challenged the Request Assistance ban – which placed restrictions on who could assist a voter in making an absentee ballot request, and deliver such a request on behalf of a voter – on the basis that the ban burdened plaintiffs’ efforts to encourage voter participation in violation of the First Amendment. Plaintiffs also alleged that a lack of a cure procedure for absentee ballot request forms violated their rights under the due process clause, because some plaintiffs would vote by absentee ballot in future elections and could make errors on their request forms. Plaintiffs’ final claim challenged restrictions on who could provide voters with assistance with absentee ballot requests, marking, completion, and submission. The state’s law permitted voters to receive assistance only from a relative or legal guardian, and didn’t provide any disability-based exceptions, which plaintiffs claimed violated Section 208.

On August 5, 2021, the defendants submitted motions to dismiss the plaintiffs’ claims, based on the fourth amended complaint. On March 10, 2022, the court granted the defendants’ motions to dismiss as to the due process claim, but denied the motions as to the First Amendment and Section 208 claims. 590 F.Supp.3d 850. The court dismissed the due process claim because it found that the claim was not ripe, because it was based on a hypothetical future harm. The First Amendment claim was not dismissed because the court found that assisting voters in filling out a request form for an absentee ballot was expressive conduct that implicated the First Amendment, and the restrictions placed on that conduct by defendants were an unjustified burden on speech. The court declined to dismiss the Section 208 claim because the defendants had challenged plaintiffs’ lack of standing to bring the claim. The court found that the plaintiffs had standing because a sufficient conflict existed between the state’s restrictions on who could assist voters, and the rights guaranteed under Section 208. The defendants once again submitted motions to dismiss, on March 21, 2022, this time to dismiss the third claim. The plaintiffs filed a motion for reconsideration on March 30, 2022, requesting the court to reconsider the dismissal of count two.

While those motions were pending before the court, on August 18, 2022, the plaintiffs submitted a voluntary motion to dismiss the first claim. The court had granted relief with respect to that claim under the preliminary injunction, and since the time to appeal the decision had passed without the defendants filing one, the plaintiffs chose to voluntarily dismiss the claim. On January 24, 2023, the court issued a ruling granting the motion to dismiss the First Amendment claim. The court denied the plaintiffs’ motion to reconsider the dismissal of the due process claim, finding that the plaintiffs hadn’t established that the claim was ripe. The court granted the defendants’ motion to dismiss the Section 208 claim, because the only plaintiff with standing to bring the claim had passed away, so the claim was rendered moot. The plaintiffs objected to the dismissal of count two with prejudice, arguing that the claim should be dismissed without prejudice. On March 28, 2023, the court issued a ruling dismissing the plaintiffs’ first and third claims with prejudice, dismissing the second claim without prejudice, and ordering the case closed and dismissed.

Summary Authors

Averyn Lee (8/2/2020)

Simran Takhar (4/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17189198/parties/democracy-north-carolina-v-north-carolina-state-board-of-elections/


Judge(s)
Attorney for Plaintiff

Aguilera, Cecilia (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Barnes, Brian W (District of Columbia)

Bartlett, Gary (North Carolina)

Bentley, Lelia (North Carolina)

Burchfield, Bobby R (District of Columbia)

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Documents in the Clearinghouse

Document

1:20-cv-00457

Docket [PACER]

Democracy North Carolina v. North Carolina State Board of Elections

Aug. 4, 2020

Aug. 4, 2020

Docket
1, 1-1, 1-2, 1-3

1:20-cv-00457

Complaint

Democracy North Carolina v. The North Carolina State Board of Elections

May 22, 2020

May 22, 2020

Complaint
12-7 to 12-8

1:20-cv-00457

Index of Additional Declarations (Part 2/3)

Democracy North Carolina v. The North Carolina State Board of Elections

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
12-8 to 12-9

1:20-cv-00457

Index of Additional Declarations (Part 3/3)

Democracy North Carolina v. The North Carolina State Board of Elections

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
9, 10, 11 (incl. 11-1 to 11-10)

1:20-cv-00457

Plaintiffs' Motion for Preliminary Injunction and Request to Expedite

Democracy North Carolina v. The North Carolina State Board of Elections

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
12 (incl. 12-1 to 12-7)

1:20-cv-00457

Index of Additional Declarations (Part 1/3)

Democracy North Carolina v. The North Carolina State Board of Elections

June 5, 2020

June 5, 2020

Pleading / Motion / Brief
8

1:20-cv-00457

First Amended Complaint

Democracy North Carolina v. The North Carolina State Board of Elections

June 5, 2020

June 5, 2020

Complaint
16, 16-1, 16-1, 17 (incl. 17-1 to 17-5)

1:20-cv-00457

Motion to Intervene

Democracy North Carolina v. The North Carolina State Board of Elections

June 10, 2020

June 10, 2020

Pleading / Motion / Brief
24

1:20-cv-00457

Plaintiffs' Opposition to Proposed Intervenors' Motion to Intervene

Democracy North Carolina v. The North Carolina State Board of Elections

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
23

1:20-cv-00457

Response to Motion to Intervene

Democracy North Carolina v. The North Carolina State Board of Elections

June 12, 2020

June 12, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17189198/democracy-north-carolina-v-north-carolina-state-board-of-elections/

Last updated April 17, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2811511.), filed by REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K PRIDDY II, LELIA BENTLEY, DONNA PERMAR, JOHN P. CLARK, MARGARET B CATES. (Attachments: # 1 Exhibit 1 - March 26 Letter, # 2 Exhibit 2 - April 22 Letter, # 3 Exhibit 3 - CD11 Letter)(RIGGS, ALLISON) (Entered: 05/22/2020)

1 Exhibit 1 - March 26 Letter

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2 Exhibit 2 - April 22 Letter

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3 Exhibit 3 - CD11 Letter

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May 22, 2020

May 22, 2020

RECAP
2

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff DEMOCRACY NORTH CAROLINA. (RIGGS, ALLISON) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
3

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA. (RIGGS, ALLISON) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

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. (Sheets, Jamie)

May 26, 2020

May 26, 2020

PACER

Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)

May 26, 2020

May 26, 2020

PACER
4

Summons Issued as to All Defendants. (Attachments: # 1 Summons - Damon Circosta, # 2 Summons - Stella Anderson, # 3 Summons - Ken Raymond, # 4 Summons - Jeff Carmon, III, # 5 Summons - Karen Brinson Bell, # 6 Summons - NCDOT, # 7 Summons - J. Eric Boyette, # 8 Summons - NCDHHS, # 9 Summons - Mandy Cohen, # 10 Summons - David C. Black) (Sheets, Jamie) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
5

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Sheets, Jamie) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
6

AFFIDAVIT OF SERVICE as to All Defendants. (RIGGS, ALLISON) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
7

Joint MOTION for Leave to File Excess Pages for Preliminary Injunction Briefing by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II. (Attachments: # 1 Text of Proposed Order)(RIGGS, ALLISON) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
8

First AMENDED COMPLAINT against defendant STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND, SUSAN SCHAFFER, WALTER HUTCHINS, filed by REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY II, LELIA BENTLEY, DONNA PERMAR, JOHN P. CLARK, MARGARET B. CATES, SUSAN SCHAFFER, WALTER HUTCHINS.(RIGGS, ALLISON) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

Clearinghouse
9

MOTION for Preliminary Injunction and Consent Request to Expedite Briefing/Consideration by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Response to Motion due by 6/19/2020 (RIGGS, ALLISON) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
10

BRIEF re 9 MOTION for Preliminary Injunction and Consent Request to Expedite Briefing/Consideration by Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
11

Additional Attachments to Main Document re 10 Brief,, Index of Plaintiff Declarations. (Attachments: # 1 Exhibit Lopez Declaration, # 2 Exhibit Nicholas Declaration, # 3 Exhibit Permar Declaration, # 4 Exhibit Clark Declaration, # 5 Exhibit Cates Declaration, # 6 Exhibit Bentley Declaration, # 7 Exhibit Edwards Declaration, # 8 Exhibit Priddy Declaration, # 9 Exhibit Hutchins Declaration, # 10 Exhibit Schaffer Declaration)(RIGGS, ALLISON) (Entered: 06/05/2020)

1 Exhibit Lopez Declaration

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2 Exhibit Nicholas Declaration

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3 Exhibit Permar Declaration

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4 Exhibit Clark Declaration

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5 Exhibit Cates Declaration

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6 Exhibit Bentley Declaration

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7 Exhibit Edwards Declaration

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8 Exhibit Priddy Declaration

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9 Exhibit Hutchins Declaration

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10 Exhibit Schaffer Declaration

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June 5, 2020

June 5, 2020

RECAP
12

Additional Attachments to Main Document re 10 Brief,, Index of Additional Declarations. (Attachments: # 1 Exhibit Dr. Murray Declaration, # 2 Exhibit Dr. Gronke Declaration, # 3 Exhibit Bartlett Declaration, # 4 Exhibit Tutor Declaration, # 5 Exhibit Ketchie Declaration, # 6 Exhibit Riggs Declaration, # 7 Exhibit Riggs Exhibits 1-10, # 8 Exhibit Riggs Exhibits 11-17, # 9 Exhibit Riggs Exhibits 18-23)(RIGGS, ALLISON) (Entered: 06/05/2020)

1 Exhibit Dr. Murray Declaration

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2 Exhibit Dr. Gronke Declaration

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3 Exhibit Bartlett Declaration

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4 Exhibit Tutor Declaration

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5 Exhibit Ketchie Declaration

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6 Exhibit Riggs Declaration

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7 Exhibit Riggs Exhibits 1-10

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8 Exhibit Riggs Exhibits 11-17

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9 Exhibit Riggs Exhibits 18-23

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June 5, 2020

June 5, 2020

Clearinghouse
13

NOTICE of Appearance by attorney ALEXANDER MCCLURE PETERS on behalf of Defendants STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND (PETERS, ALEXANDER) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
14

NOTICE of Appearance by attorney KATHRYNE E. HATHCOCK on behalf of Defendants STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND (HATHCOCK, KATHRYNE) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

TEXT ORDER - Plaintiffs have filed a motion for preliminary injunction and expedited consideration. (Doc. 9.) The parties are ordered to confer regarding a briefing schedule and whether an evidentiary hearing may be required. The parties shall file a joint status report with the court as to a proposed briefing schedule by Wednesday, June 10, 2020, at 5 p.m. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/08/2020.] (Cable, Frances)

June 8, 2020

June 8, 2020

PACER

TEXT ORDER - The court hereby adopts the parties' briefing schedule as set out in the Joint Status Report, (Doc. 18). Defendants' response to Plaintiffs' motion for preliminary injunction is due on June 19, 2020, by 5 p.m. Plaintiffs' reply is due on June 26, 2020, by 5 p.m. The parties shall notify the court at the earliest possible time as to whether an evidentiary hearing is required. The court declines to set a date for oral argument or hearing before the parties determine whether an evidentiary hearing is necessary and if so, the anticipated length of the hearing. This court is not available for any type of hearing on July 2, 2020. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/10/2020.] (Cable, Frances)

June 10, 2020

June 10, 2020

PACER
15

NOTICE of Appearance by attorney NICOLE JO MOSS on behalf of Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE (MOSS, NICOLE) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
16

MOTION to Intervene by PHILIP E. BERGER, TIMOTHY K. MOORE. Response to Motion due by 7/1/2020 (Attachments: # 1 Supplement Proposed Answer, # 2 Text of Proposed Order Proposed Order)(MOSS, NICOLE) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
17

MEMORANDUM filed by Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE re 16 MOTION to Intervene filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Affidavit Declaration of Nicole J. Moss, # 2 Exhibit A - Letter re H1169 from AG Stein, # 3 Exhibit B - 2019-06-19 Holmes - State Defs.' Resp. to PI Motion, # 4 Exhibit C - Press Release- AG Dismisses Case, # 5 Exhibit D - Gov. on SCOTUS Decision)(MOSS, NICOLE) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
18

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 1. (RIGGS, ALLISON) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER

TEXT ORDER - Philip E. Berger and Timothy K. Moore, in their official capacities, have filed a motion to intervene, (Doc. 16), to oppose Plaintiffs' suit. Given the abbreviated briefing schedule for the preliminary injunction motion, the court finds a shorter period of time for responsive briefs to the motion to intervene is necessary than might be allowed as the normal response time. Pursuant to LR 7.3(f), the parties shall submit objections or responses to the motion to intervene by Friday, June 12, 2020, at 12 p.m. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/11/2020.] (Cable, Frances)

June 11, 2020

June 11, 2020

PACER
19

NOTICE of Appearance by attorney DAVID H. THOMPSON on behalf of Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE (THOMPSON, DAVID) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
20

NOTICE of Appearance by attorney PETER A. PATTERSON on behalf of Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE (PATTERSON, PETER) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
21

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/11/2020, that the parties' Joint Motion, (Doc. 7 ), is GRANTED, that Plaintiffs may file a memorandum in support of their motion for preliminary injunction of up to 15,000 words in length, that Defendants may file a response in opposition to Plaintiffs motion for preliminary injunction of up to 15,000 words in length, and that Plaintiffs may file a reply memorandum in support of their motion for preliminary injunction of up to 7,500 words in length.(Taylor, Abby) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
22

NOTICE of Appearance by attorney JEFFREY LOPERFIDO on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (LOPERFIDO, JEFFREY) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

TEXT ORDER - Upon consideration of the parties' briefs, (Docs. 23, 24), IT IS HEREBY ORDERED that the Motion to Intervene, (Doc. 16), under Federal Rule of Civil Procedure 24(b) is GRANTED. A short order addressing the motion to intervene will be issued early next week. Intervenors are ordered to adhere to the briefing schedule set out in the June 10, 2020 Text Order. Plaintiffs have requested that the court limit the General Assembly's ability to take discovery. (Doc. 24 at 18-19 n.1.) The court is not aware of any party to this case participating in discovery but the court will not impose limits on discovery as to any party at this time. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/12/2020.] (Cable, Frances)

June 12, 2020

June 12, 2020

PACER
23

RESPONSE filed by Defendants STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND re 16 MOTION to Intervene filed by TIMOTHY K. MOORE, PHILIP E. BERGER filed by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. Replies due by 6/26/2020 (PETERS, ALEXANDER) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

Clearinghouse
24

RESPONSE in Opposition re 16 MOTION to Intervene filed by TIMOTHY K. MOORE, PHILIP E. BERGER filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Replies due by 6/26/2020 (RIGGS, ALLISON) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

Clearinghouse
25

STATUS REPORT JOINT OF PLAINTIFFS AND DEFENDANTS by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
26

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/15/2020, that Proposed Intervenors' Motion to Intervene, (Doc. 16 ), is GRANTED. FURTHER that Proposed Intervenors shall adhere to the briefing schedule as directed by the court on June 10, 2020. (Text Order 06/10/2020.)(Taylor, Abby) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

Clearinghouse

Motion Submitted re: 27 Consent MOTION to Amend Complaint and Motion for Preliminary Injunction, and to Extend Briefing Schedule and Word Limit, to JUDGE WILLIAM L. OSTEEN, JR (Welch, Kelly)

June 18, 2020

June 18, 2020

PACER
27

Consent MOTION to Amend Complaint and Motion for Preliminary Injunction, and to Extend Briefing Schedule and Word Limit by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Response to Motion due by 7/9/2020 (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Redline of Proposed Second Amended Complaint, # 3 Exhibit Proposed Amended PI Motion, # 4 Exhibit Redline of Proposed Amended PI Motion, # 5 Text of Proposed Order)(RIGGS, ALLISON) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
28

STATUS REPORT Re Defendants' Consent to Motion to Amend by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
29

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/18/2020, that Plaintiffs' motion (Doc. 27 ) is GRANTED and that: Plaintiffs shall file the proposed Second Amended Complaint appended to their Motion within 24 hours of this Order; Plaintiffs shall file the proposed Amended Motion for Preliminary Injunction within 24 hours of this Order; 3. Defendants' and Defendant-Intervenors' responses to Plaintiffs' Motion for Preliminary Injunction are due on June 26, 2020, by 11:59 p.m.; Plaintiffs' Reply is due on July 2, 2020, by 11:59 p.m. 5. Defendant-Intervenors' may submit a response to Plaintiffs' Motion for Preliminary Injunction of up to 15,000 words.(Taylor, Abby) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
30

Second AMENDED COMPLAINT against defendant All Defendants, filed by REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, ROBERT K. PRIDDY II, LELIA BENTLEY, DONNA PERMAR, WALTER HUTCHINS, JOHN P. CLARK, SUSAN SCHAFFER, MARGARET B. CATES.(RIGGS, ALLISON) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

Clearinghouse
31

Amended MOTION for Preliminary Injunction by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Response to Motion due by 6/26/2020 (RIGGS, ALLISON) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

Clearinghouse
32

MOTION to Intervene by REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA. Response to Motion due by 7/9/2020 (Attachments: # 1 Proposed Answer)(TOBIN, R.) (Entered: 06/18/2020)

1 Proposed Answer

View on PACER

June 18, 2020

June 18, 2020

RECAP
33

(See Doc. 34 - Corrected Document) MEMORANDUM filed by REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, Republican National Committee re 32 MOTION to Intervene filed by National Republican Congressional Committee, National Republican Senatorial Committee, REPUBLICAN PARTY OF NORTH CAROLINA, Republican National Committee. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(TOBIN, R.) (Entered: 06/19/2020)

June 18, 2020

June 18, 2020

PACER

TEXT ORDER - The Republican National Committee, the National Republican Senatorial Committee, the National Republican Congressional Committee, and the North Carolina Republican Party have filed a motion to intervene, (Doc. 32), to oppose Plaintiffs' challenges to North Carolina election law. Given the abbreviated briefing schedule for the preliminary injunction motion, the court finds a shorter period of time for responsive briefs to the motion to intervene is necessary than might be allowed as the normal response time. Pursuant to LR 7.3(f), the parties shall submit objections or responses to the motion to intervene, (Doc. 32), by Monday, June 22, 2020, at 5 p.m. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/19/2020.] (Cable, Frances)

June 19, 2020

June 19, 2020

PACER
34

CORRECTED DOCUMENT (MEMORANDUM) re: 33 Memorandum (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(TOBIN, R.) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
35

NOTICE of Appearance by attorney BOBBY R. BURCHFIELD on behalf of Intervenor Parties NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA (BURCHFIELD, BOBBY) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
36

NOTICE of Appearance by attorney MATTHEW M. LELAND on behalf of Intervenor Parties NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA (LELAND, MATTHEW) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
37

RESPONSE filed by Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE re 32 MOTION to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE filed by PHILIP E. BERGER, TIMOTHY K. MOORE. Replies due by 7/6/2020 (MOSS, NICOLE) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
38

Corrected document re 37 Response to Motion,. (MOSS, NICOLE) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
39

(See 46 Corrected Document) RESPONSE in Opposition re 32 MOTION to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE filed by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. Replies due by 7/6/2020 (PETERS, ALEXANDER) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
40

NOTICE of Appearance by attorney GEORGE P. VARGHESE on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (VARGHESE, GEORGE) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
41

NOTICE of Appearance by attorney JOSEPH J. YU on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (YU, JOSEPH) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
42

NOTICE of Appearance by attorney STEPHANIE LIN on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (LIN, STEPHANIE) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
43

RESPONSE in Opposition re 32 MOTION to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

Clearinghouse
44

NOTICE of Appearance by attorney REBECCA M. LEE on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (LEE, REBECCA) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
45

NOTICE of Appearance by attorney RICHARD A. INGRAM on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (INGRAM, RICHARD) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
46

CORRECTED DOCUMENT / RESPONSE in Opposition re 32 Motion to Intervene, (PETERS, ALEXANDER) Modified on 6/23/2020 to edit title of pleading (Welch, Kelly). (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
47

REPLY, filed by Intervenor Parties NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, to Response to 32 MOTION to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA. (Attachments: # 1 Exhibit)(BURCHFIELD, BOBBY) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
48

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/24/2020, that Proposed Intervenors' Motion to Intervene, (Doc. 32 ), is DENIED. (Taylor, Abby) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
49

MOTION for Leave to Take Depositions in Advance of the Preliminary Injunction Hearing and for Expedited Resolution of this Motion Under L.R. 37.1(b) by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Text of Proposed Order)(MOSS, NICOLE) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
50

(See 58 Corrected Document) RESPONSE in Opposition re 9 MOTION for Preliminary Injunction and Consent Request to Expedite Briefing/Consideration filed by JOHN P. CLARK, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, SUSAN SCHAFFER, WALTER HUTCHINS, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, MARGARET B. CATES, LELIA BENTLEY, ROBERT K. PRIDDY II, DONNA PERMAR filed by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. Replies due by 7/10/2020 (Attachments: # 1 Exhibit 1 Bell Declaration, # 2 Exhibit 2 Jessup Declaration, # 3 Exhibit 3 Prince Declaration, # 4 Exhibit 4 Burghardt Declaration, # 5 Exhibit 5 Speight Declaration)(PETERS, ALEXANDER) Modified on 6/30/2020 - See #58 Corrected Document (Welch, Kelly). (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
51

RESPONSE in Opposition re 31 Amended MOTION for Preliminary Injunction filed by JOHN P. CLARK, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, SUSAN SCHAFFER, WALTER HUTCHINS, REGINA WHITNEY EDWARDS, DEMOCRACY NORTH CAROLINA, MARGARET B. CATES, LELIA BENTLEY, ROBERT K. PRIDDY II, DONNA PERMAR filed by PHILIP E. BERGER, TIMOTHY K. MOORE. Replies due by 7/10/2020 (Attachments: # 1 Exhibit 1 HB 1169, # 2 Exhibit 2 Block Declaration, # 3 Exhibit 3 Callanan Declaration, # 4 Exhibit 4 Devore Declaration, # 5 Exhibit 5 Hawkins Declaration, # 6 Exhibit 6 Plush Declaration, # 7 Exhibit 7 Schauder Declaration, # 8 Exhibit 8 Weatherly Declaration)(MOSS, NICOLE) (Entered: 06/26/2020)

6

View on RECAP

June 26, 2020

June 26, 2020

Clearinghouse
52

MOTION for Reconsideration re 48 Order on Motion to Intervene by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA. Response to Motion due by 7/17/2020 (Attachments: # 1 Text of Proposed Order Reconsideration, # 2 Text of Proposed Order Amicus Curiae, # 3 Supplement Proposed Brief of Amicus Curaie, # 4 Exhibit to Proposed Brief of Amicus Curiae)(BURCHFIELD, BOBBY) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

Clearinghouse
53

BRIEF re 52 MOTION for Reconsideration re 48 Order on Motion to Intervene by Intervenor Parties NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA. (BURCHFIELD, BOBBY) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
54

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Intervenor Parties NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA (BURCHFIELD, BOBBY) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
55

(Corrected Document - forthcoming) RESPONSE in Opposition re 52 MOTION for Reconsideration re 48 Order on Motion to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Replies due by 7/13/2020 (RIGGS, ALLISON) Modified on 6/29/2020 to reflect filed in error, corrected document forthcoming) (Welch, Kelly). (Entered: 06/28/2020)

June 28, 2020

June 28, 2020

PACER

TEXT ORDER - Legislative Defendants have moved to take depositions prior to the preliminary injunction hearing and have requested an expedited resolution of that motion. (Doc. 49.) The parties have agreed this motion can be resolved in an expedited fashion pursuant to LR 37.1(b). In addition to resolving the motion, this court will set a hearing date and, while the parties have suggested a one-day hearing is sufficient, Legislative Defendants express concern that one day may not be sufficient particularly if no depositions are permitted. (Id. at 3.) This court agrees this issue should be addressed in an expedited fashion. The court therefore directs Plaintiffs and the remaining Defendants to respond to Legislative Defendants' motion, (Doc. 49), if at all, by Tuesday, June 30, 2020, at midnight. In lieu of a telephone conference as described by LR 37.1(b), this court will hold a hearing on Wednesday, July 1, 2020, at 12:30 p.m. in Greensboro Courtroom 1. One attorney on behalf of Plaintiffs and one attorney on behalf of Defendants, other than Legislative Defendants, shall be required to appear and speak for the represented party. While the court prefers that one attorney on behalf of Legislative Defendants appear for this hearing, the court will permit counsel for Legislative Defendants to appear by telephone in light of the short notice. All counsel not appearing in court may make arrangements with the case manager to appear by telephone. However, those appearing by telephone will be allowed only a limited opportunity to argue with respect to the issues. At the hearing, the court will address Legislative Defendants' motion for permission to take depositions, the hearing date, the amount of time allowed for the hearing, and any arrangements necessary for the hearing in light of current conditions. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/29/2020.] (Cable, Frances)

June 29, 2020

June 29, 2020

PACER

Set Deadlines/Hearings: Motion Hearing set for 7/1/2020 12:30 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

June 29, 2020

June 29, 2020

PACER
56

NOTICE of Appearance by attorney MICHELLE E. KANTER COHEN on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (KANTER COHEN, MICHELLE) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
57

RESPONSE in Opposition re 52 MOTION for Reconsideration re 48 Order on Motion to Intervene filed by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE filed by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. Replies due by 7/13/2020 (PETERS, ALEXANDER) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
58

(Corrected Document) re 50 Response in Opposition to 9 MOTION for Preliminary Injunction and Consent Request to Expedite Briefing/Consideration. (Attachments: # 1 Exhibit 1 Bell Declaration, # 2 Exhibit 2 Jessup Declaration, # 3 Exhibit 3 Prince Declaration, # 4 Exhibit 4 Burghardt Declaration, # 5 Exhibit 5 Speight Declaration)(PETERS, ALEXANDER) Modified on 6/30/2020 to associate with Motion Doc. 9 (Welch, Kelly). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

Clearinghouse
59

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/30/2020, that Proposed Intervenors' Motion for Reconsideration, (Doc. 52 ), is DENIED with regard to the motion to reconsider and GRANTED with regard to the request for leave to file amici curiae brief. (Taylor, Abby) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

Clearinghouse
60

NOTICE of Appearance by attorney HILARY H. KLEIN on behalf of Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER (KLEIN, HILARY) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
61

RESPONSE in Opposition re 49 MOTION for Leave to Take Depositions in Advance of the Preliminary Injunction Hearing and for Expedited Resolution of this Motion Under L.R. 37.1(b) filed by TIMOTHY K. MOORE, PHILIP E. BERGER filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Motions Submitted re: 49 MOTION for Leave to Take Depositions in Advance of the Preliminary Injunction Hearing and for Expedited Resolution of this Motion Under L.R. 37.1(b), 62 MOTION for Extension of Time to File Answer re 30 Amended Complaint, 63 MOTION to Expand Word Limit and Extend Deadline for Plaintiffs' Reply, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

July 1, 2020

July 1, 2020

PACER

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Hearing held on 7/1/2020 re 9 Plaintiffs' Consent Request to Expedite Briefing/Consideration. Attorney Hilary Klein appeared in-person on behalf of Plaintiffs. Attorneys Allison Riggs, Michelle Cohen, Joseph Yu and Stephanie Lin attended telephonically on behalf of Plaintiffs. Attorney Alexander Peters appeared in-person on behalf of Defendants. Attorney Beth Hathcock attended telephonically on behalf of Defendants. Attorneys Peter Patterson, David Thompson and Nicole Moss attended telephonically on behalf of the Legislative Defendants. Attorneys Bobby Burchfield, Matt Leland and Scott Tobin attended telephonically on behalf of the Republican Committee. For the reasons stated on the record, after hearing from the parties the Court denied in part plaintiffs' motion to extend the filing of any declarations in support of their reply brief and granted plaintiffs until 7/3/2020 to file their reply in support of their motion for preliminary injunction. Declarations in support are due by 7/2/2020; Court allowed plaintiffs to expand the word limit of their brief from 7,500 words to 10,000 words (Doc. 63.) Any responses are due on or before 7/6/2020 by 11:00 a.m.; Court directed the parties to consult before the hearing on 7/6/2020 and be prepared to address any issues that could possibly be bifurcated. Status Conference set Monday, July 6, 2020 at 2:00 p.m. Oral Argument Hearing set July 9, 2020 at 9:30 a.m. If it becomes necessary to take evidence or hold additional proceedings they will be set on 7/10/2020 and during the week of 7/20/2020. (Court Reporter Joseph Armstrong.) (Welch, Kelly) Modified on 7/2/2020 to correct the date of the oral argument hearing (Welch, Kelly).

July 1, 2020

July 1, 2020

PACER

ORAL ORDER denying in part and granting in part 63 MOTION to Expand Word Limit and Extend Deadline for Plaintiffs' Reply. Issued by JUDGE WILLIAM L. OSTEEN, JR on 7/1/2020. (See Minute Entry on 7/1/2020) (Welch, Kelly)

July 1, 2020

July 1, 2020

PACER

Set Deadlines/Hearings: Oral Argument Hearing set for 7/9/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. If necessary further proceedings will be set for 7/10/2020 09:30 AM. (Welch, Kelly)

July 1, 2020

July 1, 2020

PACER

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Hearing held on 7/1/2020 re 9 Plaintiffs' Consent Request to Expedite Briefing/Consideration. Attorney Hilary Klein appeared in-person on behalf of Plaintiffs. Attorneys Allison Riggs, Michelle Cohen, Joseph Yu and Stephanie Lin attended telephonically on behalf of Plaintiffs. Attorney Alexander Peters appeared in-person on behalf of Defendants. Attorney Beth Hathcock attended telephonically on behalf of Defendants. Attorneys Peter Patterson, David Thompson and Nicole Moss attended telephonically on behalf of the Legislative Defendants. Attorneys Bobby Burchfield, Matt Leland and Scott Tobin attended telephonically on behalf of the Republican Committee. For the reasons stated on the record, after hearing from the parties the Court denied in part plaintiffs' motion to extend the filing of any declarations in support of their reply brief and granted plaintiffs until 7/3/2020 to file their reply in support of their motion for preliminary injunction. Declarations in support are due by 7/2/2020; Court allowed plaintiffs to expand the word limit of their brief from 7,500 words to 10,000 words (Doc. 63 .) Any responses are due on or before 7/6/2020 by 11:00 a.m.; Court directed the parties to consult before the hearing on 7/6/2020 and be prepared to address any issues that could possibly be bifurcated. Status Conference set Monday, July 6, 2020 at 2:00 p.m. Oral Argument Hearing set July 9, 2020 at 9:30 a.m. If it becomes necessary to take evidence or hold additional proceedings they will be set on 7/10/2020 and during the week of 7/20/2020. (Court Reporter Joseph Armstrong.) (Welch, Kelly) Modified on 7/2/2020 to correct the date of the oral argument hearing (Welch, Kelly).

July 1, 2020

July 1, 2020

PACER
62

MOTION for Extension of Time to File Answer re 30 Amended Complaint, Second by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. (Attachments: # 1 Text of Proposed Order)(PETERS, ALEXANDER) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Set Deadlines/Hearings: Status Conference set for 7/6/2020 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

July 1, 2020

July 1, 2020

PACER
63

MOTION to Expand Word Limit and Extend Deadline for Plaintiffs' Reply by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. Response to Motion due by 7/22/2020 (Attachments: # 1 Text of Proposed Order)(VARGHESE, GEORGE) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
64

REPLY, filed by Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE, to Response to 49 MOTION for Leave to Take Depositions in Advance of the Preliminary Injunction Hearing and for Expedited Resolution of this Motion Under L.R. 37.1(b) filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (MOSS, NICOLE) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Motion Referred re: 66 MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)

July 2, 2020

July 2, 2020

PACER
65

NOTICE of Appearance by attorney JOSHUA BRIAN HOWARD on behalf of Amicus Public Interest Legal Foundation (HOWARD, JOSHUA) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
66

MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Public Interest Legal Foundation. Response to Motion due by 7/23/2020 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Proposed Amicus Brief, # 4 Exhibit)(HOWARD, JOSHUA) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
67

Corporate Disclosure Statement by Public Interest Legal Foundation. (HOWARD, JOSHUA) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
68

NOTICE of Appearance by attorney KAYLAN PHILLIPS on behalf of Amicus Public Interest Legal Foundation (PHILLIPS, KAYLAN) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
69

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 7/2/2020, that Defendants' motion for extension, (Doc. 62 ), is GRANTED and that State Defendants shall have up to and including July 16, 2020, within which to answer or otherwise respond to the Second Amended Complaint. (Garland, Leah) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP
70

NOTICE OF APPEAL as to 59 Order on Motion for Reconsideration, 48 Order on Motion to Intervene by NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF NORTH CAROLINA. Filing fee $ 505, receipt number 0418-2836610. (BURCHFIELD, BOBBY) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP
71

MOTION to Dismiss by PHILIP E. BERGER, TIMOTHY K. MOORE. Response to Motion due by 7/23/2020 (MOSS, NICOLE) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

Clearinghouse
72

MEMORANDUM filed by Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE re 71 MOTION to Dismiss filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (MOSS, NICOLE) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

Clearinghouse
73

AFFIDAVIT in Support re 31 Amended MOTION for Preliminary Injunction Index of Plaintiffs' Reply Declarations filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (Attachments: # 1 Exhibit Lopez Reply Decl., # 2 Exhibit Nicholas Reply Decl., # 3 ***STRICKEN***Exhibit Bentley Reply Decl., # 4 Exhibit Murray Reply Decl., # 5 ***STRICKEN IN PART*** (Paragraphs 11,12,13)Exhibit Gronke Reply Decl., # 6 ***STRICKEN IN PART*** (Paragraphs 5,6,7,8) Exhibit Bartlett Reply Decl., # 7 Exhibit Ketchie Reply Decl., # 8 ***STRICKEN***Exhibit Myers Decl., # 9 ***STRICKEN***Exhibit Quinn Decl.)(KLEIN, HILARY) Modified on 7/27/2020, See 116 MEMORANDUM OPINION AND ORDER (Taylor, Abby). (Entered: 07/02/2020)

1 Exhibit Lopez Reply Decl.

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2 Exhibit Nicholas Reply Decl.

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3 Exhibit Bentley Reply Decl.

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4 Exhibit Murray Reply Decl.

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5 Exhibit Gronke Reply Decl.

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6 Exhibit Bartlett Reply Decl.

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7 Exhibit Ketchie Reply Decl.

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8 Exhibit Myers Decl.

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9 Exhibit Quinn Decl.

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July 2, 2020

July 2, 2020

PACER

Order on Motion for Miscellaneous Relief

July 2, 2020

July 2, 2020

PACER

Set/Reset Deadlines/Hearings

July 2, 2020

July 2, 2020

PACER
74

REPLY, filed by Plaintiffs LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER, to Response to 31 Amended MOTION for Preliminary Injunction filed by LELIA BENTLEY, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (Attachments: # 1 Exhibit Unpublished League of Women Voters of N.J. v. Way)(KLEIN, HILARY) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

Clearinghouse

TEXT ORDER - While the court appreciates the status report filed today, (Doc. 75), the question to which the status report responds was not the question the court intended to ask. The court's inquiry was not directed to bifurcating the hearing. Instead, it was an effort to determine which issues were the most time sensitive. The question was posed in an effort to try to determine what an expedited process needed to consider. For example, a request for an expedited process could mean entry of an order by September 3, 2020. While the court is fully aware that that is not the case, the question remains as to which matters are urgent in terms of timing; that is, what, if anything, is occurring now. Executive Defendants made it clear that printing is presently in final stages. In terms of this court's request, this court was seeking some guidance to allow the court to better understand what the term expedited should be understood to mean and why that is the case. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 07/06/2020.] (Cable, Frances)

July 6, 2020

July 6, 2020

PACER

Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Status Conference held on 7/6/2020. Attorney Hilary Klein appeared in-person on behalf of Plaintiffs. Attorneys Allison Riggs, Michelle Cohen, Joseph Yu and Stephanie Lin attended telephonically on behalf of Plaintiffs. Attorney Alexander Peters appeared in-person on behalf of Defendants. Attorney Beth Hathcock attended telephonically on behalf of Defendants. Attorneys Peter Patterson, David Thompson and Nicole Moss attended telephonically on behalf of the Legislative Defendants. Attorney Matthew Leland attended telephonically on behalf of the Republican Committee. Attorney Kaylan Phillips attended telephonically on behalf of the Public Interest Legal Foundation. For the reasons stated on the record and the Court's concerns of the issues raised, Plaintiffs shall file a response to 77 Motion to Strike by 7/7/2020 at 5:00 p.m. Plaintiffs' response shall not exceed 3,657 words. State Defendants are permitted to respond if they chose to do so. (Court Reporter Joseph Armstrong.) (Welch, Kelly)

July 6, 2020

July 6, 2020

PACER
75

STATUS REPORT of All Parties by LELIA BENTLEY, PHILIP E. BERGER, MARGARET B. CATES, JOHN P. CLARK, DEMOCRACY NORTH CAROLINA, REGINA WHITNEY EDWARDS, WALTER HUTCHINS, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, TIMOTHY K. MOORE, DONNA PERMAR, ROBERT K. PRIDDY II, SUSAN SCHAFFER. (RIGGS, ALLISON) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
76

Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 70 Notice of Appeal. (Garland, Leah) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
77

MOTION to Strike 73 Affidavit in Support of Motion,, by PHILIP E. BERGER, TIMOTHY K. MOORE. Response to Motion due by 7/27/2020 (MOSS, NICOLE) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
78

MEMORANDUM filed by Intervenor Parties PHILIP E. BERGER, TIMOTHY K. MOORE re 77 MOTION to Strike 73 Affidavit in Support of Motion,, filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (MOSS, NICOLE) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
79

RESPONSE re 77 MOTION to Strike 73 Affidavit in Support of Motion,, filed by STELLA ANDERSON, KAREN BRINSON BELL, DAVID C. BLACK, J. ERIC BOYETTE, JEFF CARMON, III, DAMON CIRCOSTA, MANDY COHEN, NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, NORTH CAROLINA STATE BOARD OF ELECTIONS, KEN RAYMOND. Replies due by 7/21/2020 (PETERS, ALEXANDER) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 22, 2020

Closing Date: March 28, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Democracy North Carolina, the League of Women Voters of North Carolina, and six individual plaintiffs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina State Board of Elections, State

North Carolina Department of Transportation, State

North Carolina Department of Health and Human Services, State

Secretary of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

COVID-19:

Mitigation Requested

Disability and Disability Rights:

disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Election administration

Voter qualifications

Voter registration rules

Voting: General & Misc.