Case: Democracy NC v. NC BOE

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

Filed Date: May 22, 2020

Case Ongoing

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 Wo…

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 for those with medical vulnerabilities and disabilities, and caused 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 an 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 werre 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 to reduce the requirement of two witnesses for absentee ballots to one witness. 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, 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 same day, the plaintiffs proposed the third amended complaint in response to Defendant Karen Brinson Bell’s emergency order on July 17 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. The case is ongoing.

Summary Authors

Averyn Lee (8/2/2020)

People

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


Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Webster, Joe L. (North Carolina)

Attorneys(s) for Plaintiff

Aguilera, Cecilia (District of Columbia)

Cohen, Michelle Kanter (District of Columbia)

Ingram, Richard A (District of Columbia)

Klein, Hilary H (North Carolina)

Lee, Rebecca M (District of Columbia)

Lin, Stephanie (Massachusetts)

Loperfido, Jeffrey (North Carolina)

Riggs, Allison Jean (North Carolina)

Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Webster, Joe L. (North Carolina)

Attorneys(s) for Plaintiff

Aguilera, Cecilia (District of Columbia)

Cohen, Michelle Kanter (District of Columbia)

Ingram, Richard A (District of Columbia)

Klein, Hilary H (North Carolina)

Lee, Rebecca M (District of Columbia)

Lin, Stephanie (Massachusetts)

Loperfido, Jeffrey (North Carolina)

Riggs, Allison Jean (North Carolina)

Sherman, Jonathan Lee (District of Columbia)

Varghese, George P (Massachusetts)

Yu, Joseph J (District of Columbia)

Attorneys(s) for Defendant

Hathcock, Kathryne E. (North Carolina)

McHenry, Neal T (North Carolina)

Peters, Alexander Mcclure (North Carolina)

Stein, Joshua H (North Carolina)

Other Attorney(s)

Barnes, Brian W (District of Columbia)

Burchfield, Bobby R (District of Columbia)

Howard, Joshua Brian (North Carolina)

Leland, Matthew M (District of Columbia)

Lindsay, Steven J (District of Columbia)

Moss, Nicole J. (District of Columbia)

Patterson, Peter A. (District of Columbia)

Phillips, Kaylan L. (Indiana)

Thompson, David H. (District of Columbia)

Tobin, R. Scott (North Carolina)

Expert/Monitor/Master

Bartlett, Gary (North Carolina)

Bentley, Lelia (North Carolina)

Burghardt, Mary Anne (North Carolina)

Cates, Margaret P (North Carolina)

Clark, John P (North Carolina)

Edwards, Regina Whitney (North Carolina)

Gronke, Paul (Oregon)

Hutchins, Walter (North Carolina)

Ketchie, Christpher (North Carolina)

Lopez, Tomas (North Carolina)

Murray, Meghan (Massachusetts)

Nicholas, Jo (North Carolina)

Permar, Donna (North Carolina)

Priddy, Robert K (North Carolina)

Prince, Tonya L (North Carolina)

Schaffer, Susan (North Carolina)

Tutor, Marshall (North Carolina)

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
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
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
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 (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
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
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

Resources

Docket

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

Last updated July 21, 2022, 3:04 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

View on PACER

2 Exhibit 2 - April 22 Letter

View on PACER

3 Exhibit 3 - CD11 Letter

View on PACER

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

PACER
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

View on PACER

2 Exhibit Nicholas Declaration

View on RECAP

3 Exhibit Permar Declaration

View on PACER

4 Exhibit Clark Declaration

View on PACER

5 Exhibit Cates Declaration

View on PACER

6 Exhibit Bentley Declaration

View on PACER

7 Exhibit Edwards Declaration

View on PACER

8 Exhibit Priddy Declaration

View on PACER

9 Exhibit Hutchins Declaration

View on PACER

10 Exhibit Schaffer Declaration

View on PACER

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

View on RECAP

2 Exhibit Dr. Gronke Declaration

View on RECAP

3 Exhibit Bartlett Declaration

View on PACER

4 Exhibit Tutor Declaration

View on RECAP

5 Exhibit Ketchie Declaration

View on RECAP

6 Exhibit Riggs Declaration

View on PACER

7 Exhibit Riggs Exhibits 1-10

View on RECAP

8 Exhibit Riggs Exhibits 11-17

View on PACER

9 Exhibit Riggs Exhibits 18-23

View on PACER

June 5, 2020

June 5, 2020

PACER
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

PACER
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

PACER
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

RECAP

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

RECAP
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

RECAP
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

PACER
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

RECAP
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

PACER
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

PACER
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

PACER
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

RECAP
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

RECAP
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

PACER
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.

View on PACER

2 Exhibit Nicholas Reply Decl.

View on PACER

3 Exhibit Bentley Reply Decl.

View on PACER

4 Exhibit Murray Reply Decl.

View on RECAP

5 Exhibit Gronke Reply Decl.

View on PACER

6 Exhibit Bartlett Reply Decl.

View on PACER

7 Exhibit Ketchie Reply Decl.

View on RECAP

8 Exhibit Myers Decl.

View on PACER

9 Exhibit Quinn Decl.

View on PACER

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

PACER

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

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 22, 2020

Case Ongoing: Yes

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:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules