Case: Disability Rights NC v. North Carolina Board of Elections

Disability Rights North Carolina v. North Carolina Board of Elections

Disability Rights North Carolina v. North Carolina Board of Elections

Disability Rights North Carolina v. North Carolina Board of Elections

Disability Rights North Carolina v. North Carolina Board of Elections

COMPLAINT L65 5:21-cv-361 against All Defendants ( Filing fee $ 402 receipt number 0417-6222766.), filed by Disability Rights NC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Summons for North Carolina State Board of Elections, # 3 Proposed Summons Summons For D. Circosta, # 4 Proposed Summons Summons for J. Cameron, # 5 Proposed Summons Summons for K.B. Bell, # 6 Proposed Summons Summons for S. Anderson, # 7 Proposed Summons Summons for S. Eggers, # 8 Proposed Summons Summons for T. Tucker) (Grafstein, Lisa) (Entered: 09/09/2021)

1 Civil Cover Sheet Civil Cover Sheet

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2 Proposed Summons Summons for North Carolina State Board of Elections

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3 Proposed Summons Summons For D. Circosta

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4 Proposed Summons Summons for J. Cameron

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5 Proposed Summons Summons for K.B. Bell

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6 Proposed Summons Summons for S. Anderson

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7 Proposed Summons Summons for S. Eggers

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8 Proposed Summons Summons for T. Tucker

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Notice of Appearance filed by Lisa Grafstein on behalf of Disability Rights NC. (Grafstein, Lisa) (Entered: 09/09/2021)

Financial Disclosure Statement by Disability Rights NC (Grafstein, Lisa) (Entered: 09/09/2021)

Notice to Counsel - Counsel is reminded that when adding parties at case opening not to use all caps for names or party text information. (Rudd, D.)

Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)

Notice to Counsel

Notice of Appearance filed by Holly Anne Stiles on behalf of Disability Rights NC. (Stiles, Holly) (Entered: 09/10/2021)

Summonses Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) (Entered: 09/10/2021)

Affidavit of Service for Complaint, Summonses, Notices of Appearance, Corporate Disclosure filed by Disability Rights NC served on Defendants on 9/10/21. (Grafstein, Lisa) (Entered: 09/10/2021)

Notice of Appearance filed by Terence Steed on behalf of Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Stella Anderson (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Karen Brinson Bell (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by North Carolina Board of Elections (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Jeff Carmon, III (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Damon Circosta (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Damon Circosta (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Stacy Eggers, IV (Steed, Terence) (Entered: 09/28/2021)

Financial Disclosure Statement by Tommy Tucker (Steed, Terence) (Entered: 09/28/2021)

Consent MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Attachments: # 1 Text of Proposed Order) (Steed, Terence) (Entered: 10/01/2021)

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 16 Consent MOTION for Extension of Time to File Answer regarding 1 Complaint. (Sellers, N.)

TEXT ORDER granting Defendants' Motion for Extension of Time 16 . For good cause shown, it is ordered that Defendants have up to and including November 1, 2021, within which to answer or otherwise respond to the Complaint 1 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/1/2021. (Hockaday, A.)

Motion Referred to Clerk

Order on Motion for Extension of Time to Answer

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/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.)

Case Selected for Mediation

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 11/01/2021)

Memorandum in Support regarding 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 11/01/2021)

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/2/2021. (Stouch, L.) (Entered: 11/02/2021)

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.)

Reminder to Counsel - Judge Boyle

First MOTION for Extension of Time to File Response/Reply as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Grafstein, Lisa) (Entered: 11/15/2021)

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 20 First MOTION for Extension of Time to File Response as to 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Stouch, L.)

Motion Referred to Clerk

TEXT ORDER granting Plaintiff's Motion for Extension of Time 20 . For good cause shown, it is ordered that Plaintiff has up to and including December 6, 2021, within which to respond to the Motion to Dismiss 17 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/16/2021. (Hockaday, A.)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition regarding 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 12/06/2021)

Rule 26(f) Report (joint) filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 12/07/2021)

Remark - 22 Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for the entry of a scheduling order. (Stouch, L.)

Remark

SCHEDULING ORDER: Discovery due by 6/1/2022. Mediation Deadline set for 5/16/2022. Motions due by 7/1/2022. Signed by Magistrate Judge Kimberly A. Swank on 12/13/2021. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.) (Entered: 12/13/2021)

NOTICE TO COUNSEL - 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 1/3/2022. (Stouch, L.)

Notice to Counsel - Selection of Mediator

REPLY to Response to Motion regarding 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 12/20/2021)

Selection of Asa Bell as mediator filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 12/23/2021)

ORDER Appointing Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 12/27/2021. (Stouch, L.) (Entered: 12/27/2021)

Motion Submitted to District Judge Terrence W. Boyle regarding 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Stouch, L.)

Motion Submitted

Joint MOTION to Expedite Consideration of Motion to Dismiss and Modify Discovery Plan filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 04/26/2022)

Motion Submitted to District Judge Terrence W. Boyle regarding 27 Joint MOTION to Expedite Consideration of Motion to Dismiss and Modify Discovery Plan. (Stouch, L.)

Motion Submitted

ORDER granting 27 Motion to Modify the Discovery Plan. The Parties shall have up to 30 days following a ruling on the Motion to Dismiss to hold mediation. Signed by District Judge Terrence W. Boyle on 4/28/2022. (Stouch, L.) (Entered: 04/29/2022)

ORDER denying 17 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Terrence W. Boyle on 5/4/2022. (Stouch, L.)

Consent MOTION for Exemption from Mediation (Local ADR Rule 101.1a(3)) filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Attachments: # 1 Text of Proposed Order) (Steed, Terence) (Entered: 05/19/2022)

ANSWER to 1 Complaint,, by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 05/20/2022)

Motion Submitted to District Judge Terrence W. Boyle regarding 30 Consent MOTION for Exemption from Mediation (Local ADR Rule 101.1a(3)). (Stouch, L.)

Motion Submitted

ORDER granting 30 Motion for Exemption from Mediation (Local ADR Rule 101.1a(3)). Signed by District Judge Terrence W. Boyle on 5/24/2022. (Stouch, L.) (Entered: 05/25/2022)

MOTION for Summary Judgment filed by Disability Rights NC. (Attachments: # 1 Supplement, # 2 Appendix) (Grafstein, Lisa) (Entered: 06/15/2022)

1 Supplement

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2 Appendix

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Memorandum in Support regarding 33 MOTION for Summary Judgment filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 06/15/2022)

RESPONSE in Opposition regarding 33 MOTION for Summary Judgment filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 06/24/2022)

Statement of Material Facts regarding 33 MOTION for Summary Judgment in Response filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (Steed, Terence) (Entered: 06/24/2022)

REPLY to Response to Motion regarding 33 MOTION for Summary Judgment filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 06/30/2022)

Joint MOTION to Expedite Consideration of Plaintiff's Motion for Summary Judgment filed by Disability Rights NC. (Grafstein, Lisa) (Entered: 07/01/2022)

Motion Submitted to District Judge Terrence W. Boyle regarding 38 Joint MOTION to Expedite Consideration of Plaintiff's Motion for Summary Judgment. (Stouch, L.)

Motion Submitted to District Judge Terrence W. Boyle regarding 33 MOTION for Summary Judgment. (Stouch, L.)

Motion Submitted

Motion Submitted

ORDER granting 33 Motion for Summary Judgment; granting 38 Motion to Expedite. Signed by District Judge Terrence W. Boyle on 7/10/2022. (Stouch, L.) (Entered: 07/11/2022)

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion for summary judgement [DE 33) is GRANTED. The parties' motion to expedite consideration [DE 38] is GRANTED. N.C. Gen. Stat. §§ 163-226.3, 230.1, 230.2, 230.3, and 163- 23 l(b)(l), as applied to voters with disabilities who need assistance with voting, conflict with federal law and are preempted by the Voting Rights Act. Defendants are enjoined from enforcing such provisions against voters with disabilities in North Carolina. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 7/11/2022. (Stouch, L.) (Entered: 07/11/2022)

MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Grafstein, Lisa) (Entered: 07/18/2022)

Motion Submitted to District Judge Terrence W. Boyle regarding 41 MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs. (Stouch, L.)

Motion Submitted

ORDER granting 41 Motion for Extension of Time to file Motion for Attorneys' Fees and Costs. Signed by District Judge Terrence W. Boyle on 7/22/2022. (Stouch, L.) (Entered: 07/25/2022)

Consent MOTION for Extension of Time to file Motion for Attorney's Fees and Costs filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/11/2022)

Motion Submitted to District Judge Terrence W. Boyle regarding 43 Consent MOTION for Extension of Time to file Motion for Attorney's Fees and Costs. (Stouch, L.)

Motion Submitted

ORDER granting 43 Motion for Extension of Time to file Motion for Attorney's Fees and Costs. Signed by District Judge Terrence W. Boyle on 10/27/2022. (Reznick, Debra) (Entered: 10/28/2022)

NOTICE of Settlement by Disability Rights NC (Grafstein, Lisa) (Entered: 11/04/2022)