Case: Taliaferro v. North Carolina State Board of Elections

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5536977.), filed by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC., KENDALL GIBBS, DISABILITY RIGHTS NC, KENNETH DURDEN, RICKY SCOTT, HELEN JO TALIAFERRO, NORTH CAROLINA COUNCIL OF THE BLIND, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons) (Stiles, Holly) (Entered: 07/27/2020)

Notice of Appearance filed by Holly Anne Stiles on behalf of All Plaintiffs. (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by HELEN JO TALIAFERRO (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by KENNETH DURDEN (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by RICKY SCOTT (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by KENDALL GIBBS (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by NORTH CAROLINA COUNCIL OF THE BLIND, INC. (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC. (Stiles, Holly) (Entered: 07/27/2020)

Financial Disclosure Statement by DISABILITY RIGHTS NC (Stiles, Holly) (Entered: 07/27/2020)

Notice of Appearance filed by Lisa Grafstein on behalf of All Plaintiffs. (Grafstein, Lisa) (Entered: 07/27/2020)

Summons Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.) (Entered: 07/31/2020)

Affidavit of Service for Summonses and Complaint, Civil Cover Sheet, Disclosure of Corporate Affiliations for all Plaintiffs, and Notices of Appearance (Stiles, Grafstein) filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro served on NORTH CAROLINA STATE BOARD OF ELECTIONS, KAREN BRINSON BELL, in her official capacity as Executive Director of the NCSBOE, DAMON CIRCOSTA, in his official capacity as Chair of the NCSBOE, STELLA ANDERSON, in her official capacity as Secretary of the NCSBOE, KEN RAYMOND, in his official capacity as Member of the NCSBOE, JEFF CARMON III, in his official capacity as Member of the NCSBOE, and DAVID C. BLACK, in his official capacity as Member of the NCSBOE on July 31, 2020. (Attachments: # 1 ACCEPTANCE OF SERVICE) (Stiles, Holly) (Entered: 07/31/2020)

Notice of Special Appearance for non-district by Stuart J. Seaborn on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Seaborn, Stuart) (Entered: 08/04/2020)

Notice of Special Appearance for non-district by Rosa Lee V. Bichell on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) (Entered: 08/04/2020)

Notice of Special Appearance for non-district by Christina L. Brandt-Young on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) (Entered: 08/04/2020)

Notice of Appearance filed by Alexander McClure Peters on behalf of Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by Stella Anderson (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by Karen Brinson Bell (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by David C. Black (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by Jeff Carmon, III (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by Damon Circosta (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by North Carolina State Board of Elections (Peters, Alexander) (Entered: 08/10/2020)

Financial Disclosure Statement by Ken Raymond (Peters, Alexander) (Entered: 08/10/2020)

**Disregard: Counsel refiled corrected version at DE 26 ** MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). (Entered: 08/12/2020)

**Disregard: Counsel refiled corrected version at DE 27 ** Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Affidavit of Helen Jo Taliaferro, # 2 Affidavit of Kenneth Durden, # 3 Affidavit of Kendall Gibbs, # 4 Affidavit of Ricky Scott, # 5 Affidavit of Christopher Bell, # 6 Affidavit of Fred McEachern, # 7 Affidavit of Lou Ann Blake, # 8 Affidavit of Brian Keller, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D) (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). (Entered: 08/12/2020)

1 Affidavit of Helen Jo Taliaferro

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2 Affidavit of Kenneth Durden

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3 Affidavit of Kendall Gibbs

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4 Affidavit of Ricky Scott

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5 Affidavit of Christopher Bell

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6 Affidavit of Fred McEachern

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7 Affidavit of Lou Ann Blake

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8 Affidavit of Brian Keller

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9 Exhibit A

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10 Exhibit B

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11 Exhibit C

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12 Exhibit D

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MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) (Entered: 08/13/2020)

Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Index of Exhibits, # 2 Affidavit of Helen Jo Taliaferro, # 3 Affidavit of Kenneth Durden, # 4 Affidavit of Kendall Gibbs, # 5 Affidavit of Ricky Scott, # 6 Affidavit of Christopher Bell, # 7 Affidavit of Fred McEachern, # 8 Affidavit of Lou Ann Blake, # 9 Affidavit of Brian Keller, # 10 Exhibit A, # 11 Exhibit B, # 12 Exhibit C, # 13 Exhibit D) (Bichell, Rosa Lee) (Entered: 08/13/2020)

1 Index of Exhibits

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2 Affidavit of Helen Jo Taliaferro

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3 Affidavit of Kenneth Durden

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4 Affidavit of Kendall Gibbs

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5 Affidavit of Ricky Scott

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6 Affidavit of Christopher Bell

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7 Affidavit of Fred McEachern

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8 Affidavit of Lou Ann Blake

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9 Affidavit of Brian Keller

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10 Exhibit A

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11 Exhibit B

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12 Exhibit C

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13 Exhibit D

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Reminder to Counsel - Judge Boyle

REMINDER TO COUNSEL. Pursuant to Judge Boyle's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.)

First MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 08/18/2020)

Motion Submitted

Motion Submitted to Chief Judge Terrence W. Boyle regarding 28 First MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

ORDER granting 28 Motion for Extension of Time to Answer regarding 1 Complaint. The State defendants shall answer or otherwise respond to the Complaint no later than 21 September 2020. Signed by Chief Judge Terrence W. Boyle on 8/20/2020. (Stouch, L.) (Entered: 08/21/2020)

Motion Submitted

First MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 09/01/2020)

Motion Submitted to Chief Judge Terrence W. Boyle regarding 30 First MOTION for Extension of Time to File Response as to 26 MOTION for Preliminary Injunction. (Stouch, L.)

ORDER granting 30 Motion for Extension of Time to File Response regarding 26 MOTION for Preliminary Injunction. Response due by 9/8/2020. Signed by Chief Judge Terrence W. Boyle on 9/2/2020. (Stouch, L.) (Entered: 09/03/2020)

Memorandum in Opposition regarding 26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Exhibit Bell Declaration, # 2 Exhibit Macias Declaration) (Peters, Alexander) (Entered: 09/08/2020)

REPLY to Response to Motion regarding 26 MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Index of Exhibits, # 2 Affidavit of Dr. Ted Selker, # 3 Exhibit A to Selker Declaration - UOCAVA Voter Registration and Absentee Ballot Request Screengrab, Exhibit B to Selker Declaration - Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 230-3), Exhibit C - Photograph of Discarded Ballots, Exhibit D: Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 351-1), # 4 Affidavit of Rosa Lee Bichell, # 5 Exhibit A to Declaration of Rosa Lee Bichell - Drenth v. Boockvar Motion to Supplement the Record, # 6 Exhibit B to Declaration of Rosa Lee Bichell - Gary v. Virginia Department of Elections Partial Consent Judgment and Decree, # 7 Affidavit of Valerie Yingling, # 8 Exhibit A to Declaration of Valerie Yingling - Letter Sent by NFB to North Carolina Secretary of State) (Bichell, Rosa Lee) (Entered: 09/15/2020)

Motion Submitted

Second MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 09/18/2020)

Motion Submitted to Chief Judge Terrence W. Boyle regarding 34 Second MOTION for Extension of Time to File Answer regarding 1 Complaint, 26 MOTION for Preliminary Injunction. (Stouch, L.)

Request for Courtroom Technology Exception filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) (Entered: 09/18/2020)

Notice filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro regarding 26 MOTION for Preliminary Injunction Regarding Request for Expedited Hearing. (Seaborn, Stuart) (Entered: 09/18/2020)

NOTICE of Hearing on Motion 26 MOTION for Preliminary Injunction: Motion Hearing set for 9/23/2020 at 01:30 PM in Raleigh - 7th Floor - Courtroom 2 before Chief Judge Terrence W. Boyle. The hearing will be conducted in person and videoconference appearances will be permitted. Contact the Clerks Office for instructions if counsel needs to appear via videoconference. (Stouch, L.) (Entered: 09/21/2020)

ORDER regarding Motion Hearing scheduled for Wednesday, September 23 and allowing 35 Request for Courtroom Technology Exception. All counsel who can attend the hearing without difficulty should do so, while any others may appear by video or teleco nference. Any party or witness who cannot attend in person without difficulty may also participate by video or teleconference. The parties are directed to contact the Clerk's Office to make arrangements for any video or teleconference appearance. Signed by Chief Judge Terrence W. Boyle on 9/21/2020. (Stouch, L.)

Motion Submitted

Motion Submitted to Chief Judge Terrence W. Boyle regarding 34 Second MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

ORDER granting 34 Motion for Extension of Time to Answer regarding 1 Complaint. Defendants shall answer or otherwise respond to the Complaint no later than 21 October 2020. Signed by Chief Judge Terrence W. Boyle on 9/22/2020. (Stouch, L.) (Entered: 09/22/2020)

Minute Entry for proceedings held in Raleigh, NC before Chief Judge Terrence W. Boyle: Motion Hearing held on 9/23/2020 regarding 26 MOTION for Preliminary Injunction. All parties present and ready to proceed. Oral argument held. A written order will follow. (Court Reporter Michelle McGirr) (Stouch, L.) (Entered: 09/23/2020)

ORDER granting 26 Motion for Preliminary Injunction. Defendants are hereby ORDERED to open the Democracy Live portal to plaintiffs and other blind voters as expeditiously as possible so that it may be utilized for the November 3, 2020 election. The bond requirement is WAIVED. Signed by Chief Judge Terrence W. Boyle on 9/24/2020. (Stouch, L.)

Extension of Time to File Answer

Motion Submitted

Order on Motion for Extension of Time to Answer

Notice of Appearance

Stay

Motion Submitted

Order on Motion to Stay

Status Report

Stay

1 Text of Proposed Order

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Motion Submitted

Order on Motion to Stay

Notice-other

Extension of Time to File Answer

Motion Submitted

Order on Motion for Extension of Time to Answer

Answer to Complaint

Order for Discovery Plan

Judgment on the Pleadings

Memorandum in Support

Judgment on the Pleadings

1 Text of Proposed Order Granting Plaintiffs' Motion for Judgment on the Plea

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Expedite

Memorandum in Support

Motion Submitted

Response to Motion

Order on Motion to Expedite

Motion Submitted

ORDER granting 57 Motion for Judgment on the Pleadings. Signed by District Judge Terrence W. Boyle on 6/15/2021. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.) (Entered: 06/15/2021)

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED Plaintiffs' Corrected Motion for Judgment on the Pleadings (DE 57) is GRANTED. This case is closed. Signed by Peter A. Moore, Jr., Clerk of Court on 6/15/2021. (Stouch, L.) (Entered: 06/15/2021)

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Attachments: # 1 Exhibit A - NCSBE Accessibility Policy for Alternative Formats) (Steed, Terence) (Entered: 08/22/2021)

MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 09/08/2021)

Motion Submitted to District Judge Terrence W. Boyle regarding 65 MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Motion Submitted

ORDER granting 65 Motion for Extension of Time. Plaintiffs have until October 13, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 9/9/2021. (Waddell, K.) (Entered: 09/09/2021)

MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/11/2021)

Motion Submitted to District Judge Terrence W. Boyle regarding 67 MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Motion Submitted

ORDER granting 67 Motion for Extension of Time. Plaintiffs have until November 12, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 10/18/2021. (Sellers, N.) (Entered: 10/18/2021)

Third MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/27/2021)

Motion Submitted to District Judge Terrence W. Boyle regarding 69 Third MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Motion Submitted

ORDER granting 69 Motion for Extension of Time. Plaintiffs have until December 10, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 11/2/2021. (Stouch, L.) (Entered: 11/03/2021)

NOTICE of Settlement of Attorneys' Fees and Costs by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro (Stiles, Holly) (Entered: 12/15/2021)

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Steed, Terence) (Entered: 01/31/2022)

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Steed, Terence) (Entered: 08/15/2022)

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Steed, Terence) (Entered: 02/06/2023)

Status Report

Withdraw as Attorney

Notice of Deficiency - Failure to File Proposed Order

Proposed Order