Case: ACLU of North Carolina v. Conti

5:11-cv-00470 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 8, 2011

Closed Date: April 6, 2016

Clearinghouse coding complete

Case Summary

The ACLU of North Carolina and four private plaintiffs filed this suit on September 8, 2011, in the Eastern District of North Carolina, challenging a North Carolina state law authorizing a specialty license expressing opposition to abortion after repeatedly refusing to authorize a pro-choice license plate. The lawsuit named the North Carolina Department of Transportation, North Carolina Department of Motor Vehicles, and North Carolina State Highway Patrol as defendants in the lawsuit. Plaintiff…

The ACLU of North Carolina and four private plaintiffs filed this suit on September 8, 2011, in the Eastern District of North Carolina, challenging a North Carolina state law authorizing a specialty license expressing opposition to abortion after repeatedly refusing to authorize a pro-choice license plate.

The lawsuit named the North Carolina Department of Transportation, North Carolina Department of Motor Vehicles, and North Carolina State Highway Patrol as defendants in the lawsuit. Plaintiffs sought declaratory and injunctive relief against the law enacting the anti-abortion license plate, alleging it violated their First Amendment rights by opening a public forum for only one view in a debate. The case was assigned to Senior Judge James C. Fox. 

Plaintiffs applied for a temporary restraining order, but the defendants agreed not to manufacture the license plate while the case was pending, so the request was denied as moot. On November 14, 2011, the plaintiffs voluntarily dismissed the North Carolina State Highway Patrol as a defendant. 

The court granted a preliminary injunction on December 8, 2011, relying on 4th Circuit precedent that a license plate is a hybrid between government and private speech. 835 F. Supp. 2d 51. On December 7, 2012, the court granted summary judgment to the plaintiffs and entered a permanent injunction against the anti-abortion license plate. 912 F. Supp. 2d 363. The court ruled the specialty license plate program was a government-created forum for private speech, and the creation of an anti-abortion license plate but not a pro-choice license plate was unconstitutional viewpoint discrimination.

The defendants appealed to the 4th Circuit. Before the appeal was decided, the case's caption changed to ACLU of North Carolina v. Tata. On February 11, 2014, a three-judge panel of the 4th Circuit unanimously affirmed the District Court's ruling. 742 F.3d 563.

The state appealed to the Supreme Court, which vacated the panel's ruling and remanded the case back to the 4th Circuit for further proceedings in line with the Supreme Court's recent decision in Walker v. Texas Div., Sons of Confederate Veterans, Inc., 576 U.S. 200 (2015). 576 U.S. 1048. The Walker decision ruled that state license plates were government speech and choosing the content of that speech was not unconstitutional viewpoint discrimination.

The caption of the case changed again on remand back to the 4th Circuit, this time appearing as ACLU of North Carolina v. Tennyson. On March 10, 2016, under the new rule announced in Walker, the 4th Circuit panel reversed its previous decision in favor of the plaintiffs and ordered the District Court to enter judgment for the defendants. 815 F.3d 183.

On April 2016, the District Court entered judgment in favor of the defendants and closed the case.

Summary Authors

Ben Marvin-Vanderryn (3/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5563675/parties/american-civil-liberties-union-of-north-carolina-v-conti-jr/


Judge(s)

Fox, James Carroll (North Carolina)

Russell, Donald Stuart (South Carolina)

Traxler, William Byrd Jr. (South Carolina)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Brook, Christopher (North Carolina)

Parker, Katherine Lewis (North Carolina)

Attorneys(s) for Defendant

Askins, Hal F (North Carolina)

Dalton, Neil C. (North Carolina)

Judge(s)

Fox, James Carroll (North Carolina)

Russell, Donald Stuart (South Carolina)

Traxler, William Byrd Jr. (South Carolina)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Brook, Christopher (North Carolina)

Parker, Katherine Lewis (North Carolina)

Attorneys(s) for Defendant

Askins, Hal F (North Carolina)

Dalton, Neil C. (North Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

American Civil Liberties Union of North Carolina v. Conti, Jr.

April 6, 2016 Docket
1

Verified Complaint

American Civil Liberties Union v. Conti, Jr

Sept. 8, 2011 Complaint
36

Order

ACLU v. Conti, Jr

Dec. 8, 2011 Order/Opinion
60

Order

ACLU v. Conti, Jr

2012 WL 11316463

Dec. 7, 2012 Order/Opinion

Opinion

ACLU v. Tata

U. S. Court of Appeals for the Fourth Circuit

742 F.3d 563

Feb. 11, 2014 Order/Opinion

Opinion

ACLU v. Tennyson

U. S. Court of Appeals for the Fourth Circuit

813 F.3d 183

March 10, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5563675/american-civil-liberties-union-of-north-carolina-v-conti-jr/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 254CQ4ED.), filed by Susan Holliday, American Civil Liberties Union of North Carolina, Maria Magher, Dean Debnam, Christopher Heaney. (Attachments: # 1 Exhibit A - House Bill 289, Session Law 2011-392, # 2 Exhibit B - Affidavits of ACLU-NC Members, # 3 Exhibit C - Notice of Filing Compact Discs of House and Senate Committee Meetings, # 4 Exhibit D - House and Senate Floor Amendments) (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 Clearinghouse
2

FINANCIAL DISCLOSURE STATEMENT by American Civil Liberties Union of North Carolina. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
3

FINANCIAL DISCLOSURE STATEMENT by Dean Debnam (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
4

FINANCIAL DISCLOSURE STATEMENT by Christopher Heaney (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
5

FINANCIAL DISCLOSURE STATEMENT by Susan Holliday (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
6

FINANCIAL DISCLOSURE STATEMENT by Maria Magher (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
7

Emergency MOTION for Temporary Restraining Order by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
8

MOTION for Preliminary Injunction by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
9

Memorandum in Support re 7 Emergency MOTION for Temporary Restraining Order, 8 MOTION for Preliminary Injunction filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
10

Proposed Order re 7 Emergency MOTION for Temporary Restraining Order filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
11

Proposed Order re 8 MOTION for Preliminary Injunction filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER

Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Beasley, B.)

Sept. 8, 2011 PACER

NOTICE OF DEFICIENCY re: 1 Complaint. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court and failed to provide Summons for issuance or file a Notice of Waiver of Service. (Heath, D.)

Sept. 8, 2011 PACER

NOTICE TO COUNSEL - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Heath, D.)

Sept. 8, 2011 PACER

Motions Submitted to Senior Judge James C. Fox: 8 MOTION for Preliminary Injunction, 7 Emergency MOTION for Temporary Restraining Order. (Edwards, S.)

Sept. 8, 2011 PACER
12

NOTICE by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher re 1 Complaint, Civil Cover Sheet (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
13

NOTICE of Appearance by Katherine Lewis Parker on behalf of American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
14

REQUEST FOR WAIVER of Service sent to Eugene A. Conti on September 8, 2011 by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. Waiver of Service due by 10/10/2011. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
15

REQUEST FOR WAIVER of Service sent to Michael Robertson on September 8, 2011 by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. Waiver of Service due by 10/10/2011. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
16

REQUEST FOR WAIVER of Service sent to Michael Gilchrist on September 8, 2011 by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. Waiver of Service due by 10/10/2011. (Parker, Katherine) (Entered: 09/08/2011)

Sept. 8, 2011 PACER

Received three CDs of House and Senate Committee Meetings from counsel for the plaintiff. Will place in file drawer in case manager's office. (Edwards, S.)

Sept. 8, 2011 PACER
17

Summons Issued as to Eugene A Conti, Jr., Michael Gilchrist, and Michael Robertson. (Grady, B.) (Entered: 09/15/2011)

Sept. 14, 2011 PACER
18

ORDER denying as moot 7 Motion for Temporary Restraining Order. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 9/19/2011. (Edwards, S.) (Entered: 09/19/2011)

Sept. 19, 2011 RECAP
19

NOTICE of Hearing on Motion - 8 MOTION for Preliminary Injunction -Motion Hearing set for 12/1/2011 at 09:30 AM in Wilmington before Senior Judge James C. Fox. Copies served. (Edwards, S.) (Entered: 09/19/2011)

Sept. 19, 2011 PACER
20

NOTICE by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher re 18 Order on Motion for TRO Certificate of Service of Order to Defense Counsel (Parker, Katherine) (Entered: 09/21/2011)

Sept. 21, 2011 PACER
21

MOTION for Extension of Time to File Answer by Eugene A Conti, Jr., Michael Robertson. (Dalton, Neil) (Entered: 10/05/2011)

Oct. 5, 2011 PACER

MOTION REFERRED to Dennis P. Iavarone, Clerk of Court: 21 MOTION for Extension of Time to File Answer. (Edwards, S.)

Oct. 6, 2011 PACER
22

MOTION for Extension of Time to File Answer by Michael Gilchrist. (Askins, Hal) (Entered: 10/06/2011)

Oct. 6, 2011 PACER

MOTION REFERRED to Dennis P. Iavarone, Clerk of Court: 22 MOTION for Extension of Time to File Answer. (Edwards, S.)

Oct. 6, 2011 PACER

TEXT ORDER granting 21 Motion for Extension of Time to Answer. Eugene A Conti, Jr. answer due 10/26/2011; Michael Robertson answer due 10/26/2011. Signed by Dennis P. Iavarone, Clerk of Court on October 6, 2011. (Iavarone, Dennis)

Oct. 6, 2011 PACER

TEXT ORDER granting 22 Motion for Extension of Time to Answer. Michael Gilchrist answer due 10/31/2011. Signed by Dennis P. Iavarone, Clerk of Court on October 6, 2011. (Iavarone, Dennis)

Oct. 6, 2011 PACER
23

ORDER Resetting Hearing on Motion 8 MOTION for Preliminary Injunction: Motion Hearing reset for 11/21/2011 and 11/22/2011 at 9:30 AM in Wilmington before Senior Judge James C. Fox. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 10/11/2011. (Edwards, S.) (Entered: 10/11/2011)

Oct. 11, 2011 PACER
24

NOTICE of Hearing on Motion 8 MOTION for Preliminary Injunction: Motion Hearing set for 11/21/2011 and 11/22/2011 at 09:30 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. (Edwards, S.) (Entered: 10/11/2011)

Oct. 11, 2011 PACER
25

ANSWER to Complaint by Eugene A Conti, Jr., Michael Robertson. (Dalton, Neil) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
26

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Gilchrist. (Askins, Hal) (Entered: 10/31/2011)

Oct. 31, 2011 PACER
27

Memorandum in Support re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Gilchrist. (Askins, Hal) (Entered: 10/31/2011)

Oct. 31, 2011 PACER
28

Proposed Order re 27 Memorandum in Support, 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Gilchrist. (Askins, Hal) (Entered: 10/31/2011)

Oct. 31, 2011 PACER
29

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Dennis P. Iavarone, Clerk of Court on 10/31/2011. (Edwards, S.) (Entered: 10/31/2011)

Oct. 31, 2011 PACER
30

RESPONSE to Motion re 8 MOTION for Preliminary Injunction filed by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. (Dalton, Neil) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
31

ORDER sua sponte Re-setting Hearing on Motion: 8 MOTION for Preliminary Injunction - Motion Hearing re-set for 11/21/2011 at 11:00 AM in Wilmington - Courtroom 3 before Senior Judge James C. Fox. Signed by Senior Judge James C. Fox on 11/8/2011. (Edwards, S.) (Entered: 11/08/2011)

Nov. 8, 2011 PACER
32

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 11/14/2011)

Nov. 14, 2011 PACER
33

NOTICE of Voluntary Dismissal by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher as to Defendant Michael Gilchrist only (Parker, Katherine) Modified on 11/17/2011 to include the name of the defendant involved (Edwards, S.). (Entered: 11/14/2011)

Nov. 14, 2011 PACER
34

ORDER sua sponte Re-setting Hearing on Motion 8 MOTION for Preliminary Injunction: Motion Hearing re-set for 11/28/2011 at 9:00 AM in Wilmington - Courtroom 3 before Senior Judge James C. Fox. Signed by Senior Judge James C. Fox on 11/16/2011. (Edwards, S.) (Entered: 11/17/2011)

Nov. 17, 2011 PACER

Motion Submitted to Senior Judge James C. Fox: 8 MOTION for Preliminary Injunction. (Edwards, S.)

Nov. 17, 2011 PACER
35

Minute Entry for proceedings held before Senior Judge James C. Fox in Wilmington: Motion Hearing held on 11/28/2011, re 8 MOTION for Preliminary Injunction filed by Christopher Heaney, Dean Debnam, American Civil Liberties Union of North Carolina, Susan Holliday and Maria Magher. Counsel for both parties present. The court heard arguments from the parties about the motion. After hearing from counsel, the court GRANTS the Motion for Preliminary Injunction. The plaintiff's must pay a $50,000 bond. A written order to follow. (Court Reporter Stacy Schwinn) (Edwards, S.) (Entered: 11/28/2011)

Nov. 28, 2011 PACER
36

ORDER granting 8 Motion for Preliminary Injunction. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 12/8/2011. (Edwards, S.) (Entered: 12/08/2011)

Dec. 8, 2011 Clearinghouse
37

REPORT of Rule 26(f) Planning Meeting by American Civil Liberties Union of North Carolina, Eugene A Conti, Jr., Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher, Michael Robertson. (Parker, Katherine) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
38

Consent MOTION to Amend/Correct 36 Order on Motion for Preliminary Injunction to Modify Order on Injunction Bond by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
39

Memorandum in Support re 38 Consent MOTION to Amend/Correct 36 Order on Motion for Preliminary Injunction to Modify Order on Injunction Bond filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Parker, Katherine) (Entered: 12/15/2011)

Dec. 15, 2011 PACER

Motion Submitted to Senior Judge James C. Fox - 38 Consent MOTION to Amend/Correct 36 Order on Motion for Preliminary Injunction, to Modify Order on Injunction Bond. (Foell, S.)

Dec. 16, 2011 PACER

Referred the parties proposed discovery plan at docket entry 37 to US Magistrate Judge James E. Gates for an order on scheduling. (Edwards, S.)

Dec. 19, 2011 PACER
40

SCHEDULING ORDER: Discovery due by 6/29/2012 - Motions due by 7/31/2012 - Bench Trial set for the 12/3/2012 term at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Signed by US Magistrate Judge James E. Gates on 12/19/2011. (Edwards, S.) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
41

ORDER granting 38 Motion to Amend/Correct the Court's 12/8/2011 Order. Counsel is reminded to read the order in its entirety for critical information and deadlines. Signed by Senior Judge James C. Fox on 12/19/2011. (Edwards, S.) (Entered: 12/20/2011)

Dec. 20, 2011 PACER

Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before January 10, 2012. (Horton, B.)

Dec. 20, 2011 PACER
42

Receipt for bond payment in the amount of $100.00, Receipt Number RAL023078, pursuant to the court's order at 41 . (Edwards, S.) (Entered: 12/21/2011)

Dec. 21, 2011 PACER
43

Joint MOTION Exempt Case from Mediation by American Civil Liberties Union of North Carolina, Eugene A Conti, Jr., Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher, Michael Robertson. (Attachments: # 1 Exhibit A - Proposed Order) (Parker, Katherine) (Entered: 01/09/2012)

Jan. 9, 2012 PACER

Motion Submitted to Senior Judge James C. Fox: 43 Joint MOTION Exempt Case from Mediation. (Edwards, S.)

Jan. 10, 2012 PACER
44

ORDER granting 43 Motion to Exempt Case from Mediation. Counsel is reminded to read the order in its entirety. Signed by Senior Judge James C. Fox on 1/10/2012. Copy to B. Horton in Raleigh via email. (Edwards, S.) (Entered: 01/10/2012)

Jan. 10, 2012 RECAP
45

Notice of Substitution of Counsel by Christopher Anderson Brook on behalf of American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher substituting for Katherine Lewis Parker (Brook, Christopher) (Entered: 06/19/2012)

June 19, 2012 PACER
46

NOTICE of Appearance by Christopher Anderson Brook on behalf of American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher (Brook, Christopher) (Entered: 06/19/2012)

June 19, 2012 PACER
47

MOTION for Summary Judgment by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Text of Proposed Order) (Brook, Christopher) (Entered: 07/31/2012)

July 31, 2012 PACER
48

'REFILED ON 7/31/12 AT 49 ' - Memorandum in Support regarding 47 MOTION for Summary Judgment filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Brook, Christopher) (Entered: 07/31/2012)

July 31, 2012 PACER

NOTICE OF DEFICIENCY regarding 48 Memorandum in Support. Failure to identify exhibits. Counsel is instructed to refile the document and comply with Section L(2)(b) of the Court's Electronic Policy and Procedure Manual. (Heath, D.)

July 31, 2012 PACER
49

Memorandum in Support regarding 47 MOTION for Summary Judgment filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Exhibit Exhibit A - Defendant Robertson's Response to First Request for Production of Documents, # 2 Exhibit Exhibit B - Unpublished Opinion in Children First Foundation v. Martinez) (Brook, Christopher) (Entered: 07/31/2012)

July 31, 2012 PACER
50

MOTION for Extension of Time to File Response as to 47 MOTION for Summary Judgment by Eugene A. Conti, Jr., Michael Robertson. (Attachments: # 1 Text of Proposed Order) (Dalton, Neil) (Entered: 08/20/2012)

Aug. 20, 2012 PACER

MOTION REFERRED to Julie A. Richards, Clerk of Court: 50 MOTION for Extension of Time to File Response as to 47 MOTION for Summary Judgment. (Edwards, S.)

Aug. 20, 2012 PACER

TEXT ORDER granting 50 Defendants' Motion for Extension of Time. Defendants' response to 47 plaintiffs' motion for summary judgment is due September 20, 2012. Signed by Julie A. Richards, Clerk of Court, on 8/20/2012. (Richards, J.)

Aug. 20, 2012 PACER
51

RESPONSE to Motion regarding 47 MOTION for Summary Judgment filed by Eugene A Conti, Jr., Michael Robertson. (Dalton, Neil) (Entered: 09/20/2012)

Sept. 20, 2012 PACER

Motion Submitted to Senior Judge James C. Fox: 47 MOTION for Summary Judgment. (Edwards, S.)

Oct. 15, 2012 PACER
52

NOTICE of Hearing: Bench Trial set for the 12/3/2012 term at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. (Edwards, S.) (Entered: 10/19/2012)

Oct. 19, 2012 PACER
53

Copy of Senior Judge James C. Fox's standing order of 1/14/2003 in regards to exhibits for trial. (Edwards, S.) (Entered: 10/19/2012)

Oct. 19, 2012 PACER
54

AMENDED NOTICE of Hearing: Bench Trial set for the 12/3/2012 term at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. (Edwards, S.) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
55

NOTICE of Hearing: Pretrial Conference set for 11/27/2012 at 2:30 PM in Raleigh - 6th Floor Courtroom before US Magistrate Judge James E. Gates. (Edwards, S.) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
56

PRETRIAL CONFERENCE ORDER. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by US Magistrate Judge James E. Gates on 10/23/2012. (Edwards, S.) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
57

NOTICE of Appearance by Katherine Lewis Parker on behalf of All Plaintiffs (Parker, Katherine) (Entered: 10/29/2012)

Oct. 29, 2012 PACER

NOTICE TO COUNSEL regarding 57 Notice of Appearance. For future reference, counsel should flatten all fillable forms prior to efiling. (Heath, D.)

Oct. 30, 2012 PACER
58

Joint MOTION to Continue Trial Date by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Text of Proposed Order) (Brook, Christopher) (Entered: 10/31/2012)

Oct. 31, 2012 PACER

Motion Submitted to Senior Judge James C. Fox: 58 Joint MOTION to Continue Trial Date. (Edwards, S.)

Nov. 1, 2012 PACER
59

ORDER granting 58 Motion to Continue the trial date and all associated pre-trial submissions and conferences. The date to be set later by the Court, if necessary, for a date no sooner than 60 days following the Court's ruling on the pending motion. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 11/2/2012. (Edwards, S.) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
60

ORDER granting 47 Motion for Summary Judgment. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 12/7/2012. (Edwards, S.) (Entered: 12/07/2012)

Dec. 7, 2012 Clearinghouse
61

JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the Plaintiffs Motion for Summary Judgment is ALLOWED. It is hereby ordered that Defendants Eugene A. Conti, Michael Robertson and their officers, agents, and employees are permanently ENJOINED from implementing, enforcing or otherwise carrying out the program of administration provided by Session Law 2011-392 Sec.1(b1)(39), Sec. 4(a), Sec.5(b), Sec.7(b84)(House bill 289), or issuing the Choose Life plate. The Clerk of Court is DIRECTED to close this case. Signed by Susan Edwards, Deputy for Julie A. Richards, Clerk of Court on 12/7/2012. (Edwards, S.) (Entered: 12/07/2012)

Dec. 7, 2012 RECAP
62

MOTION for Attorney Fees and Costs and Motion to Supplement by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Brook, Christopher) (Entered: 12/18/2012)

Dec. 18, 2012 PACER
63

Memorandum in Support regarding 62 MOTION for Attorney Fees and Costs and Motion to Supplement filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Exhibit Detailed Time Records, # 2 Exhibit Bill of Costs and Supporting Documentation, # 3 Exhibit Declaration of Katherine Lewis Parker, # 4 Exhibit Declaration of Christopher A. Brook, # 5 Exhibit Declarations of Jonathan Sasser and Mark Sigmon, # 6 Exhibit Laffey Matrix) (Brook, Christopher) (Entered: 12/18/2012)

Dec. 18, 2012 PACER
64

Proposed Order Granting Plaintiffs' Motion for Attorneys' Fees and Costs and Motion to Supplement filed by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Brook, Christopher) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
65

MOTION to Stay regarding 62 MOTION for Attorney Fees and Costs and Motion to Supplement by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. (Dalton, Neil) (Entered: 01/03/2013)

Jan. 3, 2013 PACER

Motion Submitted to Senior Judge James C. Fox: 65 MOTION to Stay regarding 62 MOTION for Attorney Fees and Costs and Motion to Supplement. (Edwards, S.)

Jan. 4, 2013 PACER
66

'REFILED ON 1/7/2013 AT 70 ' - NOTICE OF APPEAL as to 60 Order on Motion for Summary Judgment by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. Filing fee $ 455, receipt number RAL029547. Appeal Record due by 1/7/2013. (Dalton, Neil) (Entered: 01/04/2013)

Jan. 4, 2013 PACER
67

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 66 Notice of Appeal by Eugene A Conti, Jr., Michael Gilchrist and Michael Robertson. (Fogle, L.) (Entered: 01/04/2013)

Jan. 4, 2013 PACER
68

US Court of Appeals Case Number 13-1030, Joy Hargett Moore, Case Manager, for 66 Notice of Appeal filed by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. (Tripp, S.) (Entered: 01/07/2013)

Jan. 7, 2013 PACER
69

ORDER granting 65 Motion to Stay the Plaintiff's Motion for Attorneys' fees and costs pending appeal at 62 . Signed by Senior Judge James C. Fox on 1/7/2013. (Edwards, S.) (Entered: 01/07/2013)

Jan. 7, 2013 RECAP

NOTICE OF DEFICIENCY regarding: 66 Notice of Appeal. The document contains an incorrect signature block. The signature block does not reflect the filing attorneys signature either by /s/ or a graphical signature as required by Section J of the CM/ECF Policy Manual. Counsel is directed to re-file the document with the correct signature block. (Edwards, S.)

Jan. 7, 2013 PACER
70

CORRECTED NOTICE OF APPEAL as to 60 Order on Motion for Summary Judgment by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. Filing fee $ 455, receipt number RAL029547. Appeal Record due by 1/7/2013. (Dalton, Neil) Modified on 1/7/2013 to correct the naming convention (Edwards, S.). (Entered: 01/07/2013)

Jan. 7, 2013 PACER

Notification to Appeals Court of Filing regarding 70 CORRECTED Notice of Appeal (to correct the signature block only of this document), filed by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson. (Edwards, S.)

Jan. 7, 2013 PACER
71

NOTICE of Hearing: Bench Trial set for the 3/11/2013 term at 10:00 AM in Wilmington - Courtroom 1 before Senior Judge James C. Fox. (Edwards, S.) (Entered: 01/18/2013)

Jan. 18, 2013 PACER
72

Copy of Senior Judge James C. Fox's standing order of 1/14/2003 in regards for trial, sent to the parties. (Edwards, S.) (Entered: 01/18/2013)

Jan. 18, 2013 PACER

NOTICE TO COUNSEL regarding: 71 Notice of Hearing, 72 Docket Annotation. Please disregard these entries as they were inadvertantly docketed in this case. No hearing have been set in this matter. (Edwards, S.)

Jan. 18, 2013 PACER
73

Published Opinion from Fourth Circuit Court of Appeals - Affirmed by published opinion. (Tripp, S.) (Entered: 02/13/2014)

Feb. 11, 2014 PACER
74

US Court of Appeals Judgment as to 70 Notice of Appeal, filed by Eugene A Conti, Jr., Michael Gilchrist, Michael Robertson - In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (Tripp, S.) (Entered: 02/13/2014)

Feb. 11, 2014 PACER

Submitted the documents at 73 and 74 to Senior Judge James C. Fox for his review. (Edwards, S.)

Feb. 14, 2014 PACER
75

Supplemental MOTION for Attorney Fees and Costs by American Civil Liberties Union of North Carolina, Dean Debnam, Christopher Heaney, Susan Holliday, Maria Magher. (Attachments: # 1 Exhibit Detailed Time Records, # 2 Exhibit Supplemental Declaration of Katherine Lewis Parker, # 3 Exhibit Supplemental Declaration of Christopher A. Brook, # 4 Exhibit Supplemental Declaration of Jonathan D. Sasser, # 5 Exhibit Bill of Costs, # 6 Text of Proposed Order Proposed Order) (Brook, Christopher) (Entered: 02/25/2014)

Feb. 25, 2014 PACER

State / Territory: North Carolina

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Sept. 8, 2011

Closing Date: April 6, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU of North Carolina and private citizens who desire to purchase a license plate with a pro-choice message

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Motor Vehicles, State

North Carolina Department of Transportation, State

Defendant Type(s):

Jurisdiction-wide

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Abortion

Government Services