Case: Raleigh Wake Citizens A v. Barefoot

5:15-cv-00156 | U.S. District Court for the Eastern District of North Carolina

Filed Date: April 9, 2015

Closed Date: Sept. 29, 2017

Clearinghouse coding in progress

Case Summary

None

Summary Authors

Alyse Horan (5/6/2024)

Related Cases

Wright v. State of North Carolina, Eastern District of North Carolina (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4516610/parties/raleigh-wake-citizens-association-v-barefoot/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Advani, Sameer (North Carolina)

Askew, Roger A. (North Carolina)

Ballew, Sara T. (North Carolina)

Birn, Jerome F. (North Carolina)

Brandt, W. Perry (North Carolina)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1-5

5:15-cv-00156

Exhibit 5 to Complaint: Proposed Summons of Wake County Board of Elections

Citizens v. Barefoot

April 9, 2015

April 9, 2015

Other
1

5:15-cv-00156

Complaint

April 9, 2015

April 9, 2015

Complaint
1-4

5:15-cv-00156

Exhibit 4 to Complaint: Proposed Summons of Chad Moore

April 9, 2015

April 9, 2015

Pleading / Motion / Brief
1-1

5:15-cv-00156

Exhibit 1 to Complaint: Civil Cover Sheet

April 9, 2015

April 9, 2015

Pleading / Motion / Brief
1-3

5:15-cv-00156

Exhibit 3 to Complaint: Proposed Summons of Philip E. Berger

Citizens v. Barefoot

April 9, 2015

April 9, 2015

Other
1-2

5:15-cv-00156

Exhibit 2 to Complaint: Proposed Summons of Chad Barefoot

Citizens v. Barefoot

April 9, 2015

April 9, 2015

Other
14

5:15-cv-00156

Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation

April 10, 2015

April 10, 2015

Pleading / Motion / Brief
19

5:15-cv-00156

Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation

April 10, 2015

April 10, 2015

Pleading / Motion / Brief
5

5:15-cv-00156

Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation

April 10, 2015

April 10, 2015

Pleading / Motion / Brief
6

5:15-cv-00156

Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation

April 10, 2015

April 10, 2015

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4516610/raleigh-wake-citizens-association-v-barefoot/

Last updated Jan. 10, 2024, 12:13 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Equitable Relief Sought against All Defendants ( Filing fee $ 400 receipt number 0417-3251068.), filed by Jane Rogers, Dustin Matthew Ingalls, Jannet B. Barnes, Raleigh Wake Citizens Association, John G. Vandenbergh, Greg Flynn, Beverley S. Clark, Erwin Portman, Barbara Vandenbergh, Amygayle L. Womble, Perry Woods, Amy T. Lee, William B. Clifford, Susan Portman, Brian Fitzsimmons. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) (Earls, Anita) (Entered: 04/09/2015)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

View on Clearinghouse

5 Proposed Summons

View on Clearinghouse

April 9, 2015

April 9, 2015

Clearinghouse
2

Summons Issued as to Chad Barefoot, Philip E. Berger, Tim Moore, Wake County Board of Elections. Counsel should print summons to effect service. (Downing, L.) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
3

NOTICE of Appearance by Anita S. Earls on behalf of All Plaintiffs (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
4

NOTICE by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods Civil Cover Sheet (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
5

FINANCIAL DISCLOSURE STATEMENT by Raleigh Wake Citizens Association (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
6

FINANCIAL DISCLOSURE STATEMENT by Jannet B. Barnes (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
7

FINANCIAL DISCLOSURE STATEMENT by Beverley S. Clark (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
8

FINANCIAL DISCLOSURE STATEMENT by William B. Clifford (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
9

FINANCIAL DISCLOSURE STATEMENT by Brian Fitzsimmons (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
10

FINANCIAL DISCLOSURE STATEMENT by Greg Flynn (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
11

FINANCIAL DISCLOSURE STATEMENT by Dustin Matthew Ingalls (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
12

FINANCIAL DISCLOSURE STATEMENT by Amy T. Lee (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
13

FINANCIAL DISCLOSURE STATEMENT by Erwin Portman (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
14

FINANCIAL DISCLOSURE STATEMENT by Susan Portman (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
15

FINANCIAL DISCLOSURE STATEMENT by Jane Rogers (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
16

FINANCIAL DISCLOSURE STATEMENT by Barbara Vandenbergh (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
17

FINANCIAL DISCLOSURE STATEMENT by John G. Vandenbergh (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
18

FINANCIAL DISCLOSURE STATEMENT by Amygayle L. Womble (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
19

FINANCIAL DISCLOSURE STATEMENT by Perry Woods (Earls, Anita) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

Clearinghouse
20

WAIVER OF SERVICE Returned Executed by Jane Rogers, Dustin Matthew Ingalls, Jannet B. Barnes, Raleigh Wake Citizens Association, John G. Vandenbergh, Greg Flynn, Beverley S. Clark, Erwin Portman, Barbara Vandenbergh, Amygayle L. Womble, Perry Woods, Amy T. Lee, William B. Clifford, Susan Portman, Brian Fitzsimmons. Wake County Board of Elections waiver sent on 4/13/2015, answer due 6/12/2015. (Earls, Anita) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

Clearinghouse
21

Notice of Voluntary Dismissal filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods as to Chad Barefoot, Philip E. Berger, Tim Moore in their official capacities. (Earls, Anita) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

Clearinghouse
22

AMENDED COMPLAINT against Wake County Board of Elections, filed by Jane Rogers, Dustin Matthew Ingalls, Jannet B. Barnes, Raleigh Wake Citizens Association, John G. Vandenbergh, Greg Flynn, Beverley S. Clark, Erwin Portman, Barbara Vandenbergh, Amygayle L. Womble, Perry Woods, Amy T. Lee, William B. Clifford, Susan Portman, Brian Fitzsimmons. (Earls, Anita) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

Clearinghouse
23

Notice of Appearance filed by Charles F. Marshall, III on behalf of Wake County Board of Elections. (Marshall, Charles) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

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24

Notice of Appearance filed by Matthew B. Tynan on behalf of Wake County Board of Elections. (Tynan, Matthew) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

Clearinghouse
25

First MOTION for Extension of Time to File Answer regarding 22 Amended Complaint, filed by Wake County Board of Elections. (Attachments: # 1 Text of Proposed Order Granting Motion to Extend Time to Answer) (Tynan, Matthew) (Entered: 06/17/2015)

1 Text of Proposed Order Granting Motion to Extend Time to Answer

View on RECAP

June 17, 2015

June 17, 2015

Clearinghouse

Motion Submitted

June 17, 2015

June 17, 2015

PACER
26

ORDER granting 25 Motion for Extension of Time to Answer Wake County Board of Elections. Signed by District Judge Terrence W. Boyle on 8/17/2015. The parties are reminded to read the order in its entirety. (Downing, L.) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

Clearinghouse
27

ORDER REASSIGNING CASE: This case is reassigned to Chief Judge James C. Dever, III for all further proceedings. All further documents should reflect the revised case number of 5:15-CV-156-D. US District Judge Terrence W. Boyle is no longer assigned to case. Signed by Julie Richards Johnston, Clerk of Court on 7/17/2015. (Romine, L.) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

Clearinghouse
28

FINANCIAL DISCLOSURE STATEMENT by Wake County Board of Elections (Tynan, Matthew) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

Clearinghouse
29

ANSWER to 22 Amended Complaint, by Wake County Board of Elections. (Tynan, Matthew) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

Clearinghouse
30

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 8/18/2015. (Jenkins, C.) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

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31

AMENDED ANSWER to 22 Amended Complaint, by Wake County Board of Elections. (Marshall, Charles) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

Clearinghouse
32

Rule 26(f) Report (joint) filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Earls, Anita) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

Clearinghouse
33

Order Setting Hearing - The court will hold a scheduling conference at 2:00 p.m. on Thursday, October 1, 2015, in courtroom one of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina. Signed by Chief Judge James C. Dever III on 9/24/2015. (Jenkins, C.) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

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34

Notice of Appearance filed by Allison Jean Riggs on behalf of All Plaintiffs. (Riggs, Allison) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

Clearinghouse
35

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Counsel for the plaintiffs and defendant present. Scheduling Conference held on 10/1/2015. Opening statements by the court - statements regarding scheduling and related case information by counsel for the plaintiff and defense - statements by the court. Counsel for the plaintiff and defendant agree to consolidation of this action with related case #5:13-CV-607. The court sets this matter for trial to begin on Wednesday, December 16, 2015, at 9:00 a.m. Written order to follow. (Court Reporter Joseph Spontarelli) (Jenkins, C.) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER

Set/Reset Hearings

Oct. 1, 2015

Oct. 1, 2015

PACER
36

ORDER: The Joint Discovery Plan [D.E. 32] is APPROVED AND ORDERED. Additionally,with the parties' consent, the court CONSOLIDATES Wright. et al. v. State of North Carolina. et al., No. 5:13-CV-607-D with this action. The trial shall begin at 9:00 a.m. on Wednesday, December 16,2015, in courtroom one of the Terry Sanford Federal Building and United States Courthouse, 310 New Bern Avenue, Raleigh, North Carolina. Counsel should read order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 10/1/2015. (Jenkins, C.) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

Clearinghouse
37

Letter from CT Corporation System regarding Robert A. Rucho. (Attachments: # 1 Envelope) (Tripp, S.) (Entered: 10/29/2015)

1 Envelope

View on RECAP

Oct. 29, 2015

Oct. 29, 2015

Clearinghouse
38

Letter from CT Corporation System regarding Paul Stam. (Attachments: # 1 Envelope) (Tripp, S.) (Entered: 10/29/2015)

1 Envelope

View on RECAP

Oct. 29, 2015

Oct. 29, 2015

Clearinghouse
39

Notice of Appearance filed by Alexander McClure Peters on behalf of John Chadwick Barefoot, David Lewis, Robert A. Rucho, Paul Stam. (Peters, Alexander) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

Clearinghouse
40

Notice of Appearance filed by Melissa L. Trippe on behalf of John Chadwick Barefoot, David Lewis, Robert A. Rucho, Paul Stam. (Trippe, Melissa) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

Clearinghouse
41

MOTION to Quash Subpoenas filed by John Chadwick Barefoot, David Lewis, Robert A. Rucho, Paul Stam. (Peters, Alexander) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

Clearinghouse
42

Memorandum in Support regarding 41 MOTION to Quash Subpoenas filed by John Chadwick Barefoot, David Lewis, Robert A. Rucho, Paul Stam. (Peters, Alexander) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

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43

RESPONSE in Opposition regarding 41 MOTION to Quash Subpoenas filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Attachments: # 1 Appendix Subpoenas, # 2 Exhibit Unpublished Decision - Magistrate Judge Peake order 3 17 14, # 3 Exhibit Unpublished Decision - Judge Schroeder Order 5 15 14) (Riggs, Allison) (Entered: 11/10/2015)

1 Appendix Subpoenas

View on RECAP

2 Exhibit Unpublished Decision - Magistrate Judge Peake order 3 17 14

View on RECAP

3 Exhibit Unpublished Decision - Judge Schroeder Order 5 15 14

View on RECAP

Nov. 10, 2015

Nov. 10, 2015

Clearinghouse
44

CASE MANAGEMENT ORDER: The trial is set for Wednesday, December 16, 2015, at 9:00 a.m., in Courtroom One of the Terry Sanford Federal Building and United States Courthouse, Raleigh, North Carolina. Pursuant to Federal Rule of Civil Procedure 16(e), a final pretrial conference shall be held on Thursday, December 10, 2015, at 2:00 p.m., in Courtroom One of the Terry Sanford Federal Building and United States Courthouse, Raleigh, North Carolina. Counsel should read the order in its entirety for all critical deadlines and information. Signed by Chief Judge James C. Dever III on 11/30/2015. (Jenkins, C.) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

Clearinghouse

Motion Submitted

Nov. 30, 2015

Nov. 30, 2015

PACER
45

Notice of Appearance filed by George E. Eppsteiner on behalf of All Plaintiffs. (Eppsteiner, George) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

Clearinghouse
46

ORDER - the court DENIES the motion to quash [D.E. 41] to the extent it seeks to bar the production of a privilege log and ORDERS the legislative movants file a privilege log by December 11, 2015. Upon receipt, the court will determine whether to grant any further relief to the plaintiffs or to the legislative movants. Finally, nothing in this order prevents the legislative movants and the plaintiffs from conferring about their discovery dispute and resolving it without further need for judicial intervention. Cf. Local Civil Rule 7.1 (c). Signed by Chief Judge James C. Dever III on 12/3/2015. (Jenkins, C.) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

Clearinghouse
47

TRIAL BRIEF by Wake County Board of Elections. (Marshall, Charles) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

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48

TRIAL BRIEF by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Attachments: # 1 Appendix Unpublished case) (Riggs, Allison) (Entered: 12/07/2015)

1 Appendix Unpublished case

View on PACER

Dec. 7, 2015

Dec. 7, 2015

PACER
49

Proposed Findings of Fact by Wake County Board of Elections. (Marshall, Charles) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

Clearinghouse
50

Proposed Findings of Fact by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Riggs, Allison) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

Clearinghouse
51

RESPONSE regarding 47 Trial Brief filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Riggs, Allison) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

Clearinghouse
52

RESPONSE regarding 48 Trial Brief, filed by Wake County Board of Elections. (Marshall, Charles) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

Clearinghouse
53

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Final Pretrial Conference held on 12/10/2015. Counsel for plaintiff and defendant present. Opening statements by the court - statements by counsel for plaintiff and defendant. Court directs counsel to submit any additional stipulations to the court by the end of the day on Monday, December 14, 2015. Written order to follow. (Court Reporter Dave Collier) (Jenkins, C.) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
54

ORDER: The court APPROVES the attached pretrial order that the parties submitted. In addition, as discussed in open court, in light of the agreement that the plaintiffs and legislative movants reached concerning the production of documents and this court's order of December 3, 2015 [D.E. 63], the legislative movants need not file the privilege log referenced in that order. Signed by Chief Judge James C. Dever III on 12/10/2015. (Jenkins, C.) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

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55

Amended pleading filed at 56 : STIPULATION (FIRST JOINT) by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods (Attachments: # 1 Exhibit A - NCACC Chart) (Riggs, Allison) Modified on 12/15/2015 to note that amended pleading has been filed. (Jenkins, C.) (Entered: 12/14/2015)

1 Exhibit A - NCACC Chart

View on PACER

Dec. 14, 2015

Dec. 14, 2015

PACER
56

STIPULATION (AMENDED FIRST JOINT) by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods (Attachments: # 1 Exhibit A - NCACC Chart) (Riggs, Allison) (Entered: 12/15/2015)

1 Exhibit A - NCACC Chart

View on PACER

Dec. 15, 2015

Dec. 15, 2015

Clearinghouse
57

Notice of Appearance filed by Jessica Thaller-Moran on behalf of Wake County Board of Elections. (Thaller-Moran, Jessica) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

Clearinghouse
58

AMENDED DOCUMENT by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Amended Exhibit List) (Attachments: # 1 Exhibit Amended Exhibit List) (Riggs, Allison) (Entered: 12/16/2015)

1 Exhibit Amended Exhibit List

View on RECAP

Dec. 16, 2015

Dec. 16, 2015

Clearinghouse
59

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Counsel for plaintiffs and defendant present. Bench Trial held on 12/16/2015. Opening statements by both parties - presentation of evidence by the plaintiffs. Bench trial to reconvene on Thursday, December 17, 2015, at 9:00 a.m. Court adjourned at 4:52 p.m. (Court Reporter Dave Collier) (Jenkins, C.) (Entered: 12/17/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
60

AMENDED DOCUMENT by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Final Exhibit List) (Attachments: # 1 Exhibit Final Exhibit List) (Riggs, Allison) (Entered: 12/17/2015)

1 Exhibit Final Exhibit List

View on RECAP

Dec. 17, 2015

Dec. 17, 2015

Clearinghouse
61

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Bench Trial (Day 2) held on 12/17/2015. Counsel for the plaintiffs and defendant present. Plaintiff continues its presentation of evidence - plaintiff rests. No evidence presented by defense - defendant rests. Court to reconvene on Friday, December 18, 2015 at 9:00 for closing arguments by plaintiff and defendant. Court adjourned at 1:26 p.m. (Court Reporter Dave Collier) (Jenkins, C.) (Entered: 12/18/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
62

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Counsel for the plaintiffs and defendant present. Bench Trial (Day 3) held on 12/18/2015. Closing arguments by plaintiff and defense. Court takes the matter under advisement and will issue its ruling at a later date. (Court Reporter Dave Collier) (Jenkins, C.) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
63

OFFICIAL TRANSCRIPT of BENCH TRIAL Proceedings held on December 16, 2015 to December 18, 2015 before Chief District Judge James C. Dever III. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 2/27/2016. Redacted Transcript Deadline set for 3/8/2016. Release of Transcript Restriction set for 5/6/2016. (Attachments: # 1 Transcript Volume 2, # 2 Transcript Volume 3) (Collier, David) (Entered: 02/03/2016)

1 Transcript Volume 2

View on PACER

2 Transcript Volume 3

View on PACER

Feb. 3, 2016

Feb. 3, 2016

PACER

Notice of Filing of Official Transcript

Feb. 3, 2016

Feb. 3, 2016

PACER
64

ORDER: Plaintiffs have failed to prove that either the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan violates the one person one vote requirement in the United States and North Carolina Constitutions. Plaintiffs also have failed to prove that the 2015 General Assembly racially gerrymandered District 4 in the 2015 Wake County Commissioners Plan. Accordingly, the court enters judgment in favor of the defendant Wake County Board of Elections. Signed by Chief Judge James C. Dever III on 2/26/2016. (Briggeman, N.) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

Clearinghouse
65

JUDGMENT:IT IS ORDERED, ADJUDGED, AND DECREED plaintiffs have failed to prove that either the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan violates the one person one vote requirement in the United States and North Carolina Constitutions. Plaintiffs also have failed to prove that the 2015 General Assembly racially gerrymandered District 4 in the 2015 Wake County Commissioners Plan. Accordingly, the court enters judgment in favor of the defendant Wake County Board of Elections. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to the Notice of Voluntary Dismissal entered on June 5, 2015, defendants Chad Barefoot, Philip E. Berger, and Tim Moore, are voluntarily dismissed without prejudice. Signed by Nicole Briggeman for Julie Richards Johnston, Clerk of Court on 2/26/2016. (Briggeman, N.) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

Clearinghouse
66

Notice of Appeal filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods as to 65 Judgment,,,. Filing fee, receipt number 0417-3612486. (Earls, Anita) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

Clearinghouse
67

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 66 Notice of Appeal. (Tripp, S.) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

Clearinghouse
68

US Court of Appeals Case Number 16-1270 (Ashley B. Webb, Case Manager) as to 66 Notice of Appeal, filed by Greg Flynn, John G. Vandenbergh, Perry Woods, Jane Rogers, Beverley S. Clark, Barbara Vandenbergh, Susan Portman, Dustin Matthew Ingalls, Amygayle L. Womble, Erwin Portman, Amy T. Lee, William B. Clifford, Raleigh Wake Citizens Association, Brian Fitzsimmons, Jannet B. Barnes. (Tripp, S.) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

Clearinghouse
69

ORDER of US Court of Appeals as to 66 Notice of Appeal, filed by Greg Flynn, John G. Vandenbergh, Perry Woods, Jane Rogers, Beverley S. Clark, Barbara Vandenbergh, Susan Portman, Dustin Matthew Ingalls, Amygayle L. Womble, Erwin Portman, Amy T. Lee, William B. Clifford, Raleigh Wake Citizens Association, Brian Fitzsimmons, Jannet B. Barnes - The court consolidates Case No. 16-1270 and Case No. 16-1271. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Tripp, S.) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

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70

Document: Copy Request from Mr. Robert M. Allensworth. (Attachments: # 1 Envelope) (Briggeman, N.) (Entered: 04/29/2016)

1 Envelope

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April 29, 2016

April 29, 2016

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71

Document: Copy Request with Notation of Payment by Mr. Robert Allensworth. (Attachments: # 1 Envelope) (Briggeman, N.) (Entered: 05/09/2016)

1 Envelope

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May 9, 2016

May 9, 2016

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72

Document: Copy of Copy Request Receipt and unrelated letter from Mr. Robert M. Allensworth. (Briggeman, N.) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

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75

Document: Copy Request with Notation of Payment by Mr. Robert Allensworth.. (Attachments: # 1 Envelope) (Briggeman, N.) (Entered: 06/09/2016)

1 Envelope

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June 9, 2016

June 9, 2016

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76

Published Opinion from Fourth Circuit Court of Appeals. The judgment of the district court is affirmed in part and reversed in part. This case is remanded to the district court for further proceedings consistent with the court's decision. (Foell, S.) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

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77

US Court of Appeals Judgment as to 66 Notice of Appeal. The judgment of the district court is affirmed in part and reversed in part. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon the issuance of this court's mandate. (Foell, S.) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

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78

ORDER: The parties will provide the court their views and a schedule for devising, considering, and adopting any court-ordered remedial plan or plans not later than July 18, 2016. Counsel should read order in its entirety for additional deadlines and information. Signed by Chief Judge James C. Dever III on 7/8/2016. (Jenkins, C.) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

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Notification to Appeals Court of Filing

July 11, 2016

July 11, 2016

PACER
79

MOTION to Withdraw as Attorney filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Attachments: # 1 Exhibit A) (Eppsteiner, George) (Entered: 07/12/2016)

1 Exhibit A

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July 12, 2016

July 12, 2016

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Motion Submitted

July 12, 2016

July 12, 2016

PACER
80

Stay of Mandate regarding 66 Notice of Appeal - Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (Tripp, S.) (Entered: 07/15/2016)

July 14, 2016

July 14, 2016

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81

Notice: Letter from the North Carolina State Board of Elections regarding 78 Order. (Briggeman, N.) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

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82

RESPONSE by Plaintiffs Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods regarding 78 Order, (Earls, Anita) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

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83

RESPONSE to Order regarding 78 Order, filed by Wake County Board of Elections. (Attachments: # 1 Affidavit Declaration of Gary Sims, # 2 Exhibit A) (Marshall, Charles) (Entered: 07/18/2016)

1 Affidavit Declaration of Gary Sims

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2 Exhibit A

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July 18, 2016

July 18, 2016

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84

RESPONSE to Order regarding 78 Order, filed by Philip E. Berger, Tim Moore. (Attachments: # 1 Exhibit 1 - Shaw v. Hunt Order (July 30, 1996)) (Farr, Thomas) (Entered: 07/18/2016)

1 Exhibit 1 - Shaw v. Hunt Order (July 30, 1996)

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July 18, 2016

July 18, 2016

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85

ORDER of US Court of Appeals as to 66 Notice of Appeal, filed by Greg Flynn, John G. Vandenbergh, Perry Woods, Jane Rogers, Beverley S. Clark, Barbara Vandenbergh, Susan Portman, Dustin Matthew Ingalls, Amygayle L. Womble, Erwin Portman, Amy T. Lee, William B. Clifford, Raleigh Wake Citizens Association, Brian Fitzsimmons, Jannet B. Barnes - The petition for rehearing en banc was circulated to the full court. No judge requested a poll under Fed. R. App. P. 35. The court denies the petition for rehearing en banc. (Tripp, S.) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

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86

Order: The court will hold a status conference concerning the remedy on Tuesday, August 2, 2016, at 4:00 p.m. in Courtroom One of the Terry Sanford Federal Building and United States Courthouse, Raleigh, North Carolina. Counsel for the parties shall be present. The court also requests that counsel for the North Carolina State Board of Elections and counsel for the legislative leaders be present. Counsel should read order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 7/27/2016. (Jenkins, C.) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

Clearinghouse

Notification to Appeals Court of Filing

July 28, 2016

July 28, 2016

PACER
87

RESPONSE by Plaintiffs Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods regarding 84 Response, 83 Response, 86 Set Deadlines/Hearings,, (Earls, Anita) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

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88

Minute Entry for proceedings held before Chief Judge James C. Dever III in Raleigh: Status Conference held on 8/2/2016. Counsel for Plaintiff, Defendants, NC Board of Elections and Legislative leaders present. Opening remarks by the Court. Statements from defense counsel. Statements from Plaintiff's counsel, statements from counsel for NC Board of Elections. Statements from counsel for legislative leaders. Rebuttal from Plaintiff's counsel. Court does not have jurisdiction unless and until the Mandate from the U.S. Court of Appeals issues. Court thanks all parties for being present. (Court Reporter Denise Meek/ FTR Gold) (Briggeman, N.) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
89

MANDATE of US Court of Appeals (certified copy) as to 66 Notice of Appeal, filed by Greg Flynn, John G. Vandenbergh, Perry Woods, Jane Rogers, Beverley S. Clark, Barbara Vandenbergh, Susan Portman, Dustin Matthew Ingalls, Amygayle L. Womble, Erwin Portman, Amy T. Lee, William B. Clifford, Raleigh Wake Citizens Association, Brian Fitzsimmons, Jannet B. Barnes - The judgment of this court, entered July 1, 2016, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Tripp, S.) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

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Notification to Appeals Court of Filing

Aug. 3, 2016

Aug. 3, 2016

PACER
90

RESPONSE by Plaintiffs Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods regarding 88 Status Conference,, Post Hearing Memorandum (Earls, Anita) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

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91

Notice filed by Philip E. Berger, Tim Moore . (Attachments: # 1 Exhibit 1 - Illustrative Map for Seven District Plan, # 2 Exhibit 1 - Stat Pack for Seven District Plan, # 3 Exhibit 3 - Illustrative Map for Two District Plan, # 4 Exhibit 4 - Stat Pack for Two District Plan) (Farr, Thomas) (Entered: 08/03/2016)

1 Exhibit 1 - Illustrative Map for Seven District Plan

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2 Exhibit 1 - Stat Pack for Seven District Plan

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3 Exhibit 3 - Illustrative Map for Two District Plan

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4 Exhibit 4 - Stat Pack for Two District Plan

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Aug. 3, 2016

Aug. 3, 2016

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92

ORDER granting 79 Motion to Withdraw as Attorney. Attorney George E. Eppsteiner terminated. Signed by Chief Judge James C. Dever III on 8/3/2016. (Briggeman, N.) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

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93

ORDER: In accordance with the mandate, the court declares that the population deviations in the redistricting plans in Session Law 2013-110 for the Wake County School Board and Session Law 2015-4 for the Wake County Board ofCommissioners violate the equal protection clauses of the Fourteenth Amendment to the United States Constitution and Article I, § 19 of the North Carolina Constitution. Any further information on the remedy (including the nature and scope of injunctive relief) from the parties, the North Carolina State Board of Elections, or the legislative leaders of the General Assembly is due no later than Friday, August 5, 2016. Any responses are due no later than Saturday,August 6, 2016. Counsel should read the Order in its entirety for important information. Signed by Chief Judge James C. Dever III on 8/4/2016. (Briggeman, N.) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

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94

MOTION to Strike 91 Notice - other, and its Exhibits filed by Jannet B. Barnes, Beverley S. Clark, William B. Clifford, Brian Fitzsimmons, Greg Flynn, Dustin Matthew Ingalls, Amy T. Lee, Erwin Portman, Susan Portman, Raleigh Wake Citizens Association, Jane Rogers, Barbara Vandenbergh, John G. Vandenbergh, Amygayle L. Womble, Perry Woods. (Earls, Anita) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

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Case Details

State / Territory: North Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 9, 2015

Closing Date: Sept. 29, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Raleigh Wake Citizen's Association is a non-profit advocacy group in Raleigh, and here is representing the interests of voters in overpopulated or racially gerrymandered districts in Raleigh and Wake County.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wake County Board of Elections (Raleigh, Wake), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Redistricting

Vote Counting

Voting Process Changes

Amount Defendant Pays: $407,281.37

Issues

Voting:

Election administration

Redistricting/district composition

Vote dilution

Voting: General & Misc.