Case: North Carolina Democratic Part v. North Carolina Republican Party

1:16-cv-01288 | U.S. District Court for the Middle District of North Carolina

Filed Date: Nov. 3, 2016

Closed Date: Nov. 9, 2016

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Case Summary

This case is about alleged voter intimidation in North Carolina during the 2016 election.  On November 3, 2016, the plaintiff North Carolina Democratic Party filed a lawsuit in the United States District Court for the Middle District of North Carolina against the North Carolina Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, Jr., and Stop the Steal Inc. The plaintiff alleged that leading up to the 2016 United States presidential election, the defendants urged voters to en…

This case is about alleged voter intimidation in North Carolina during the 2016 election. 

On November 3, 2016, the plaintiff North Carolina Democratic Party filed a lawsuit in the United States District Court for the Middle District of North Carolina against the North Carolina Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, Jr., and Stop the Steal Inc. The plaintiff alleged that leading up to the 2016 United States presidential election, the defendants urged voters to engage in various forms of voter intimidation, namely intimidation of minority voters, with the intent of accomplishing voter suppression. The plaintiff claimed that the defendants’ coordinated campaign of vigilante voter intimidation violated the Ku Klux Klan Act of 1871 and the Voting Rights Act of 1965. Represented by private counsel, the plaintiff sought declaratory and injunctive relief to prevent further intimidation, threats, and force at the hands of vigilante volunteers on Election Day. The case was assigned to Judge Catherine C. Eagles and Magistrate Judge Joi Elizabeth Peake. 

On November 4, 2016, the plaintiff filed a motion for a temporary restraining order and/or preliminary injunction against the defendants to prevent them from advancing their conspiracy to intimidate, threaten, harass, or coerce voters in violation of the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871. 

On November 7, 2016, the court issued an order that denied plaintiff’s request for temporary restraining order and/or preliminary injunction without prejudice. The court reasoned that the information provided was insufficient to establish a likelihood of success on the merits of the plaintiff’s claims of a conspiracy by the defendants to train and encourage volunteers to intimidate voters in North Carolina.

On November 9, 2016, the plaintiff filed a notice of voluntary dismissal.

This case is closed.

Summary Authors

Leilani Argersinger (4/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13365146/parties/north-carolina-democratic-party-v-north-carolina-republican-party/


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Documents in the Clearinghouse

Document
1

1:16-cv-01288

Voter Intimidation Complaint Pursuant to the Voting Rights Act of 1965 and the Ku Klux Klan Act of 1871

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 3, 2016

Nov. 3, 2016

Complaint
4

1:16-cv-01288

Plaintiff's Notice of Motion and Motion for a Temporary Restraining Order and/or Preliminary Injunction

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 4, 2016

Nov. 4, 2016

Pleading / Motion / Brief
6

1:16-cv-01288

Plaintiff's Memorandum of Law in Support of Temporary Restraining Order and/or Preliminary Injunction

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 4, 2016

Nov. 4, 2016

Pleading / Motion / Brief
9

1:16-cv-01288

[Untitled]

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 6, 2016

Nov. 6, 2016

Findings Letter/Report
25

1:16-cv-01288

Notice of Suggestion of Subsequent Authority

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 7, 2016

Nov. 7, 2016

Notice of Investigation or Suit/Demand Letter
30

1:16-cv-01288

Order

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 7, 2016

Nov. 7, 2016

Order/Opinion
29

1:16-cv-01288

Notice of Suggestion of Subsequent Authority

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 7, 2016

Nov. 7, 2016

Notice of Investigation or Suit/Demand Letter
31

1:16-cv-01288

Notice of Voluntary Dismissal

North Carolina Democratic Party v. North Carolina Republican Party

Nov. 9, 2016

Nov. 9, 2016

Notice of Investigation or Suit/Demand Letter

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13365146/north-carolina-democratic-party-v-north-carolina-republican-party/

Last updated Aug. 8, 2025, 7:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2015604.), filed by NORTH CAROLINA DEMOCRATIC PARTY.(WALLACE, JOHN) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

RECAP

Case Referred to Mediation

Nov. 4, 2016

Nov. 4, 2016

PACER

Case Referred to Mediation

Nov. 4, 2016

Nov. 4, 2016

PACER

Case Assigned

Nov. 4, 2016

Nov. 4, 2016

PACER
2

Summons Issued as to All Defendants. (Attachments: # 1 Summons for Donald J. Trump for President, Inc., # 2 Summons for Roger J. Stone, Jr., # 3 Summons for Stop the Steal Inc.) (Garland, Leah) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
3

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Garland, Leah) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah)

Nov. 4, 2016

Nov. 4, 2016

PACER
4

First MOTION for Temporary Restraining Order by NORTH CAROLINA DEMOCRATIC PARTY. Responses due by 11/7/2016 (Attachments: # 1 Text of Proposed Order)(WALLACE, JOHN) (Entered: 11/04/2016)

1 Text of Proposed Order

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Nov. 4, 2016

Nov. 4, 2016

RECAP

Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. Magistrate Judge flag set for Judge Joi Elizabeth Peake. (Garland, Leah)

Nov. 4, 2016

Nov. 4, 2016

PACER
5

NOTICE of Appearance by attorney MARC E. ELIAS on behalf of Plaintiff NORTH CAROLINA DEMOCRATIC PARTY (ELIAS, MARC) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
6

MEMORANDUM filed by Plaintiff NORTH CAROLINA DEMOCRATIC PARTY re 4 First MOTION for Temporary Restraining Order filed by NORTH CAROLINA DEMOCRATIC PARTY. (Attachments: # 1 Supplement Expert Report, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28)(WALLACE, JOHN) (Entered: 11/04/2016)

1 Supplement Expert Report

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2 Affidavit

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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20 Exhibit 18

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21 Exhibit 19

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22 Exhibit 20

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23 Exhibit 21

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24 Exhibit 22

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25 Exhibit 23

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26 Exhibit 24

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27 Exhibit 25

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28 Exhibit 26

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29 Exhibit 27

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30 Exhibit 28

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Nov. 4, 2016

Nov. 4, 2016

RECAP

TEXT ORDER: The Court will hold a hearing on the motion for temporary restraining order on Monday, November 7, 2016, at 1 p.m. in Courtroom 3, Greensboro. Any additional documentary evidence shall be filed in advance of the hearing if at all possible. The Court will hear argument from counsel but does not anticipate allowing live testimony absent an appropriate showing. Plaintiff shall provide notice of this hearing to defendants and shall file a certificate detailing the ways in which notice was provided. Signed by JUDGE CATHERINE C. EAGLES on November 5, 2016. (EAGLES, CATHERINE)

Nov. 5, 2016

Nov. 5, 2016

PACER

Order

Nov. 5, 2016

Nov. 5, 2016

PACER

Set Deadlines/Hearings: Hearing on Motion for TRO set for 11/7/2016 01:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (See 11/5/2016 Text Order) (Powell, Gloria)

Nov. 6, 2016

Nov. 6, 2016

PACER

Set/Reset Deadlines/Hearings

Nov. 6, 2016

Nov. 6, 2016

PACER
7

CERTIFICATE OF SERVICE (Declaration) re Text Order, by Plaintiff NORTH CAROLINA DEMOCRATIC PARTY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(WALLACE, JOHN) (Entered: 11/06/2016)

Nov. 6, 2016

Nov. 6, 2016

PACER
8

DECLARATION filed by Plaintiff NORTH CAROLINA DEMOCRATIC PARTY re 6 Memorandum, Text Order, filed by NORTH CAROLINA DEMOCRATIC PARTY. (WALLACE, JOHN) (Entered: 11/06/2016)

Nov. 6, 2016

Nov. 6, 2016

PACER
9

NOTICE by NORTH CAROLINA DEMOCRATIC PARTY Letter to Court Regarding Status of Parallel Proceeding in Ohio (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (WALLACE, JOHN) (Entered: 11/06/2016)

1 Exhibit 1

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2 Exhibit 2

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Nov. 6, 2016

Nov. 6, 2016

RECAP
10

RESPONSE in Opposition re 4 First MOTION for Temporary Restraining Order filed by DONALD J. TRUMP FOR PRESIDENT, INC. Replies due by 11/25/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(SHANAHAN, KIERAN) (Entered: 11/06/2016)

Nov. 6, 2016

Nov. 6, 2016

PACER
11

RESPONSE in Opposition re 4 First MOTION for Temporary Restraining Order filed by NORTH CAROLINA REPUBLICAN PARTY. Replies due by 11/25/2016. (Attachments: # 1 Declaration of Sherry Womak, # 2 Ex. A to Declaration of Sherry Womak, # 3 Declaration of Charles Staley, # 4 Declaration of Seth Neyhart and Exhibits, # 5 Declaration of Michael Williams With Affidavits, # 6 Declaration of Brycen Williams, # 7 Williams Ex 1, # 8 Williams Ex 2, # 9 Williams Ex 3, # 10 Williams Ex 4, # 11 Williams Ex 5, # 12 Williams Ex 6, # 13 Williams Ex 7, # 14 Williams Ex 8, # 15 Williams Ex 9, # 16 Williams Ex 10, # 17 Williams Ex 11, # 18 Williams Ex 12, # 19 Williams Ex 13)(NEYHART, SETH) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

Add and Terminate Attorneys

Nov. 7, 2016

Nov. 7, 2016

PACER
12

NOTICE of Appearance by attorney JAMES M. BURNHAM on behalf of Defendant DONALD J. TRUMP FOR PRESIDENT, INC. (BURNHAM, JAMES) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
13

NOTICE of Appearance by attorney KIERAN JOSEPH SHANAHAN on behalf of Defendant DONALD J. TRUMP FOR PRESIDENT, INC. (SHANAHAN, KIERAN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
14

NOTICE of Appearance by attorney JOHN E. BRANCH, III on behalf of Defendant DONALD J. TRUMP FOR PRESIDENT, INC. (BRANCH, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
15

DECLARATION filed by Defendant NORTH CAROLINA REPUBLICAN PARTY re 11 Response in Opposition to Motion,, filed by NORTH CAROLINA REPUBLICAN PARTY. (WILLIAMS, BRYCEN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
16

NOTICE of Appearance by attorney SETH ALLEN NEYHART on behalf of Defendant NORTH CAROLINA REPUBLICAN PARTY (NEYHART, SETH) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
17

AFFIDAVIT OF SERVICE as to DONALD J. TRUMP FOR PRESIDENT, INC. served on 11/4/2016, answer due 11/25/2016. (WALLACE, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
18

AFFIDAVIT OF SERVICE as to NORTH CAROLINA REPUBLICAN PARTY served on 11/5/2016, answer due 11/28/2016. (WALLACE, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
19

AFFIDAVIT OF SERVICE as to ROGER J. STONE, JR. served on 11/4/2016, answer due 11/25/2016; STOP THE STEAL INC. served on 11/4/2016, answer due 11/25/2016. (WALLACE, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

***Attorney THOMAS HAYWOOD STARK for NORTH CAROLINA REPUBLICAN PARTY added. (Welch, Kelly)

Nov. 7, 2016

Nov. 7, 2016

PACER
20

NOTICE of Appearance by attorney DAWN L. SMALLS on behalf of Plaintiff NORTH CAROLINA DEMOCRATIC PARTY (SMALLS, DAWN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
21

AFFIDAVIT OF SERVICE as to (WALLACE, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
22

NOTICE of Appearance by attorney PAUL ROLF JENSEN on behalf of Defendants ROGER J. STONE, JR., STOP THE STEAL INC. (Welch, Kelly) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
23

MEMORANDUM OF LAW in Opposition re: 4 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by ROGER J. STONE, JR., STOP THE STEAL INC. (Attachments: # 1 Declaration of Paul Rolf Jensen, # 2 Declaration of Roger J. Stone, # 3 Certificate of Service) (Welch, Kelly) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
24

NOTICE of Appearance by attorney ANDREW Z. MICHAELSON on behalf of Plaintiff NORTH CAROLINA DEMOCRATIC PARTY (MICHAELSON, ANDREW) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

***Attorney ANDREW H. R. BROWN for ROGER J. STONE, JR. added. (Counsel entered an appearance in person on 11/7/2016.) (Welch, Kelly)

Nov. 7, 2016

Nov. 7, 2016

PACER
25

NOTICE by DONALD J. TRUMP FOR PRESIDENT, INC. of Suggestion of Subsequent Authority (BRANCH, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

RECAP
26

Additional Attachments to Main Document re 25 Notice (Other) Supreme Court Order (Ohio). (BRANCH, JOHN) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

RECAP
27

Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES in G-3: Motion Hearing held on 11/7/2016 re: 4 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by NORTH CAROLINA DEMOCRATIC PARTY. Attorneys Dawn L. Smalls, Andrew Z. Michaelson and John R. Wallace appeared on behalf of the Plaintiff. Attorneys James M. Burnham, Kieran J. Shanahan, John E. Branch, III, Thomas H. Stark, Brycen Williams, Seth A. Neyhart and Andrew H.R. Brown appears on behalf of the Defendants. Court heard arguments from the parties; For the reasons stated from the bench the Court takes matter under advisement; (See exhibit/witness list) (Written Order forthcoming) (Court Reporter Lori Russell.) (Welch, Kelly) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
28

NOTICE of Appearance by attorney ANDREW H. R. BROWN on behalf of Defendants ROGER J. STONE, JR., STOP THE STEAL INC. (BROWN, ANDREW) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
29

NOTICE by DONALD J. TRUMP FOR PRESIDENT, INC. of Suggestion of Subsequent Authority (Attachments: # 1 Exhibit Eastern District of PA Memorandum)(BRANCH, JOHN) (Entered: 11/07/2016)

1 Exhibit Eastern District of PA Memorandum

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Nov. 7, 2016

Nov. 7, 2016

RECAP
30

ORDER signed by JUDGE CATHERINE C. EAGLES on 11/07/2016; that the plaintiff's motion for a temporary restraining order and/or preliminary injunction, (Doc. 4 ), is DENIED, without prejudice should circumstances change. (Garland, Leah) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

RECAP
31

NOTICE of Voluntary Dismissal of case by Plaintiff NORTH CAROLINA DEMOCRATIC PARTY (WALLACE, JOHN) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

RECAP

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: Nov. 3, 2016

Closing Date: Nov. 9, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

North Carolina Democratic Party is a state party organization affiliated with the Democratic Party

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Republican Party (Raleigh), Non-profit or advocacy

Roger J. Stone, Jr. (Florida), Private Entity/Person

Stop the Steal Inc. (Santa Ana, California), Non-profit or advocacy

Donald J. Trump for President, Inc. (New York, New York), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1985

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Available Documents:

Trial Court Docket

Complaint (any)

Findings Letter/Report

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Vote dilution

Voting: General & Misc.

Voting: Physical/Effective Access