1
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2012395.), filed by James L. Cox, North Carolina State Conference of the NAACP, Grace Bell Hardison, Moore County Branch of the NAACP, James Edward Arthur, Sr, James Michael Brower.(LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
Clearinghouse
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Motions Submitted
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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2
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NOTICE of Appearance by attorney STACEY M. LEYTON on behalf of Plaintiffs James Edward Arthur, Sr, James Michael Brower, James L. Cox, Grace Bell Hardison, Moore County Branch of the NAACP, North Carolina State Conference of the NAACP (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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Case Assigned
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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3
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MOTION for Temporary Restraining Order by James Edward Arthur, Sr, James Michael Brower, James L. Cox, Grace Bell Hardison, Moore County Branch of the NAACP, North Carolina State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application for Temporary Restraining Order)(LEYTON, STACEY) (Entered: 10/31/2016)
1 Text of Proposed Order Proposed Order Granting Application for Temporary Restrai
View on PACER
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Oct. 31, 2016
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Oct. 31, 2016
Clearinghouse
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Case Referred to Mediation
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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4
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NOTICE of Appearance by attorney IRVING L. JOYNER on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (JOYNER, IRVING) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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Set/Reset Deadlines/Hearings
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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5
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DECLARATION of REV. DR. WILLIAM J. BARBER II IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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6
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NOTICE of Appearance by attorney PENDA DENISE HAIR on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (HAIR, PENDA) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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7
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DECLARATION of OLINDA D. WATKINS IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1 of 3, # 3 Exhibit B Part 2 of 3, # 4 Exhibit B Part 3 of 3, # 5 Exhibit C, # 6 Exhibit D)(LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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8
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DECLARATION of JAMES EDWARD ARTHUR SR. IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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9
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DECLARATION of JAMES MICHAEL BROWER IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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10
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DECLARATION of GRACE BELL HARDISON IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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11
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DECLARATION of JAMES L. COX IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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12
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DECLARATION of VERONICA WARD IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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13
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NOTICE of Appearance by attorney ALEXANDER MCCLURE PETERS on behalf of Defendants RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR (PETERS, ALEXANDER) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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14
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NOTICE of Appearance by attorney JAMES BERNIER, JR on behalf of Defendants RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR (BERNIER, JAMES) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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15
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DECLARATION of LAUREN BONDS IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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16
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DECLARATION of HANNAH COLE filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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17
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DECLARATION of LUKE TAYLOR IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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18
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NOTICE of Appearance by attorney CONNIE K. CHAN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (CHAN, CONNIE) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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19
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NOTICE of Appearance by attorney PEDER J. THOREEN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (THOREEN, PEDER) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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20
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NOTICE of Appearance by attorney ERIC P. BROWN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (BROWN, ERIC) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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21
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AMENDED MOTION for Temporary Restraining Order, by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Amended Brief In Support of TRO)(LEYTON, STACEY) Modified on 10/31/2016 to reflect correct document title (Samuel-Priestley, Tina). (Entered: 10/31/2016)
1 Amended Brief In Support of TRO
View on RECAP
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Oct. 31, 2016
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Oct. 31, 2016
RECAP
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22
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MOTION to Exceed Page Limit by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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23
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CERTIFICATE OF SERVICE by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (LEYTON, STACEY) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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Motions Submitted: 21 AMENDED MOTION for Temporary Restraining Order, and 22 MOTION to Exceed Page Limit, to JUDGE LORETTA C. BIGGS. (Samuel-Priestley, Tina)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE JOE L. WEBSTER. Set flag for Magistrate Judge Joe L. Webster. (Coyne, Michelle)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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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. (Coyne, Michelle)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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24
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ORDER signed by JUDGE LORETTA C. BIGGS on 10/31/2016, that this matter is scheduled for hearing on Wednesday, November 2, 2016 at 9:00 a.m. in Winston-Salem, North Carolina in Courtroom No. 1. (Daniel, J) (Entered: 10/31/2016)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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Set Motion Hearing set for 11/2/2016 at 9:00 AM in Winston-Salem Courtroom #2 before JUDGE LORETTA C. BIGGS. (Daniel, J)
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Oct. 31, 2016
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Oct. 31, 2016
PACER
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25
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NOTICE of Appearance by attorney CAITLIN SWAIN-MCSURELY on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (SWAIN-MCSURELY, CAITLIN) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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26
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NOTICE of Appearance by attorney JOSHUA HAMILTON BENNETT on behalf of Defendants KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III (BENNETT, JOSHUA) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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27
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NOTICE of Appearance by attorney MARY J. CARLSON on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (CARLSON, MARY) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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28
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NOTICE of Appearance by attorney DONALD M. WRIGHT on behalf of Defendants KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III (WRIGHT, DONALD) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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29
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NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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30
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Duplicate NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) Modified on 11/4/2016 to reflect duplicate of Doc. 31 .(Daniel, J) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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31
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***FILED IN ERROR***NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) Modified on 11/4/2016 to reflect filed in error. (Daniel, J) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
PACER
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32
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MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by MOORE COUNTY BOARD OF ELECTIONS. Responses due by 11/2/2016 (Attachments: # 1 Affidavit)(LELAND, MISTY) (Entered: 11/01/2016)
1 Affidavit
View on PACER
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Nov. 1, 2016
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Nov. 1, 2016
Clearinghouse
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33
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STATEMENT OF INTEREST OF THE UNITED STATES filed pursuant to 28 U.S.C. 517 re 21 AMENDED MOTION for Temporary Restraining Order by Interested Party UNITED STATES. (COOPER, DAVID) (Entered: 11/01/2016)
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Nov. 1, 2016
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Nov. 1, 2016
Clearinghouse
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34
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DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Declaration of Duane Edward Anderson filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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Order on Motion to Exceed Page Limit
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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35
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DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Supplemental Declaration of Luke Taylor filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1 of 2), # 5 Exhibit D (part 2 of 2))(LEYTON, STACEY) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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36
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DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Supplemental Declaration of Hannah Cole filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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37
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CERTIFICATE OF SERVICE by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 36 Declaration,, 35 Declaration,, 34 Declaration,, (LEYTON, STACEY) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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38
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NOTICE of Appearance by attorney LEAH J. KANG on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (KANG, LEAH) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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39
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NOTICE by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR of Filing Declaration of Kim Strach in Opposition to Plaintiffs' Application for Temporary Restraining Order (Attachments: # 1 Declaration of Kim Strach)(BERNIER, JAMES) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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40
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Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS in Winston-Salem: Hearing held on 11/2/2016 re: 21 AMENDED MOTION for Temporary Restraining Order. Attorneys Stacey Leyton, Penda Hair, Irving Joyner, Eric Brown, Connie Chan, Leah Kang, Caitlin Swain and Mary Joyce Carolson present on behalf of Plaintiffs. Assistant Attorney General James Bernier, Jr. and Sr. Deputy Attorney General Alexander Peters present on behalf of NC State Board of Election Defendants. Attorneys Joshua Bennett and Donald Wright present on behalf of Beaufort County Board of Elections Defendants. Attorneys Misty Leland and R. Ward Medlin present on behalf of Moore County Board of Elections Defendants. Attorney Ricky Moorefield present on behalf of Cumberland County Board of Elections Defendants. Arguments and evidence presented regarding 21 AMENDED MOTION for Temporary Restraining Order (see 40 attached Exhibit and Witness List). Court takes matter under advisement. Written Order forthcoming. Moore County Board of Elections Defendants withdraw 32 Motion to Dismiss in open court. (Court Reporter Lori Russell.) (Samuel-Priestley, Tina) (Entered: 11/02/2016)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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ORAL ORDER GRANTING 22 Motion to Exceed Page Limit. Issued by JUDGE LORETTA C. BIGGS on 11/2/2016. (Samuel-Priestley, Tina)
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Nov. 2, 2016
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Nov. 2, 2016
PACER
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41
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NOTICE of Appearance by attorney RICKEY L. MOOREFIELD on behalf of Defendants JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON (MOOREFIELD, RICKEY) (Entered: 11/03/2016)
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Nov. 3, 2016
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Nov. 3, 2016
PACER
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42
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MEMORANDUM OPINION signed by JUDGE LORETTA C. BIGGS on 11/4/2016, that the Court concludes that Plaintiffs' Motion for Preliminary Injunction should be, in this Court's discretion, granted in part and denied in part. An Order granting a Preliminary Injunction shall be filed simultaneously with this Memorandum Opinion. (Butler, Carol)
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Nov. 4, 2016
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Nov. 4, 2016
Clearinghouse
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43
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ORDER GRANTING PRELIMINARY INJUNCTION, signed by JUDGE LORETTA C. BIGGS on 11/4/2016, that Plaintiffs' motion for preliminary injunction is GRANTED IN PART to the extent as set forth herein, that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall take all steps necessary to restore the voter registrations that were canceled during the 90-day period preceding the November 8, 2016 election through application of the challenge procedure set forth in N.C. Gen. Stat. §§ 163-85 and 163-86, and to ensure that those voters are able to vote in the upcoming November 8, 2016 election as they would prior to the challenge and subsequent cancellation of their voter registrations. Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, are HEREBY ENJOINED AND RESTRAINED from preventing or otherwise interfering with these individual's right to vote, as well as any other individual whose right to vote was challenged pursuant to N.C. Gen. Stat. §§ 163-85 and 163-86 within 90 days of the November 8, 2016 election. FURTHER that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall issue directives and take all other measures to ensure that any challenged voters are restored to their status prior to the challenge and subsequent removal so that they may be allowed to vote on or before November 8, 2016 and in future elections, including prohibiting any same day challenges to such voters under N.C. Gen. Stat. § 163-87 if they appear to vote in person on November 8, 2016. FURTHER ORDERED that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, are HEREBY ENJOINED AND RESTRAINED from canceling the registration of voters through the challenge procedures set forth in N.C. Gen. Stat. §§ 163- 85 and 163-86, when those challenges are based on change of residency and the State has neither received written confirmation from the voter of a change in residency outside of the county, nor complied with the NVRA's notice requirement and two-election cycle waiting period; from using the challenge procedure set forth in N.C. Gen. Stat. §§ 163-85 and 163-86 to remove voters from the rolls based on change of residency information in the 90 days preceding a Federal election; and from holding hearings or taking any other action(s) to process challenges filed under those provisions in the circumstances identified above. FURTHER that if any challenged voter has already cast a provisional or challenged ballot, for purposes of counting those ballots, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall treat the status of those voters as registered in their respective counties on the date the votes were cast. FURTHER that if any challenged voter has requested and been denied an absentee ballot for the November 8, 2016 election on the ground that the voter is not registered in the county, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall immediately take whatever steps are necessary to ensure that the voter receives and absentee ballot and is able to cast it on time and have the vote counted, unless the voter voluntarily chooses to vote in person at the polls. FURTHER ORDERED that if any challenged voter has been or is provided an absentee ballot for the November 8, 2016 election and has voted, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall not reject the ballot on the ground that the voter is not registered in the county or precinct, but rather shall treat the ballot as having been cast by a voter whose registration status is that which existed prior to having been challenged and removed from the voter rolls. FURTHER that Defendant Strach shall take all reasonable and necessary steps to ensure statewide compliance with the NVRA consistent with this Court's Memorandum Opinion and this Order. (Butler, Carol) (Entered: 11/04/2016)
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Nov. 4, 2016
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Nov. 4, 2016
Clearinghouse
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44
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MOTION for Extension of Time to File Answer re 1 Complaint, by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 11/14/2016)
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Nov. 14, 2016
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Nov. 14, 2016
PACER
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Order on Motion for Extension of Time to Answer
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Nov. 14, 2016
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Nov. 14, 2016
PACER
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45
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Summons Issued as to All Defendants. (Coyne, Michelle) (Entered: 11/14/2016)
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Nov. 14, 2016
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Nov. 14, 2016
PACER
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46
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Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 11/14/2016)
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Nov. 14, 2016
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Nov. 14, 2016
PACER
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ORDER granting 44 Motion for Extension of Time to Answer for KELLIE HARRIS HOPKINS; JAY MCROY; THOMAS S. PAYNE, II; JOHN B. TATE, III; and THE BEAUFORT COUNTY BOARD OF ELECTIONS. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/14/2016. (Brubaker, John)
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Nov. 14, 2016
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Nov. 14, 2016
PACER
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47
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MOTION for Extension of Time to File Answer re 1 Complaint, by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. (Attachments: # 1 Text of Proposed Order)(BERNIER, JAMES) (Entered: 11/16/2016)
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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48
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First MOTION for Extension of Time to File Answer by MOORE COUNTY BOARD OF ELECTIONS. (LELAND, MISTY) (Entered: 11/16/2016)
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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Order on Motion for Extension of Time to Answer
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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ORDER granting 47 Motion for Extension of Time to Answer for RHONDA K. AMOROSO; JAMES BAKER; MAJA KRICKER; JOSHUA D. MALCOLM; KIM WESTBROOK STRACH; THE NORTH CAROLINA STATE BOARD OF ELECTIONS; and A. GRANT WHITNEY, JR. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/16/2016. (Brubaker, John)
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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ORDER granting 48 Motion for Extension of Time to Answer for SUSAN T. ADAMS; GLENDA M. CLENDENIN; CAROLYN M. MCDERMOTT; MOORE COUNTY BOARD OF ELECTIONS; and WILLIAM R. PARKE. Answer due by 12/24/2016. Signed by John Brubaker, Clerk of Court, on 11/16/2016. (Brubaker, John)
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Nov. 16, 2016
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Nov. 16, 2016
PACER
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49
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NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendants SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE (LELAND, MISTY) (Entered: 11/18/2016)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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Order on Motion for Extension of Time to Answer
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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50
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MOTION for Extension of Time to File Answer by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (LELAND, MISTY) (Entered: 11/18/2016)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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51
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Amended MOTION for Extension of Time to File Answer by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (Attachments: # 1 ORDER)(LELAND, MISTY) (Entered: 11/18/2016)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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ORDER granting 51 Motion for Extension of Time to Answer for SUSAN T. ADAMS; GLENDA M. CLENDENIN; CAROLYN M. MCDERMOTT; MOORE COUNTY BOARD OF ELECTIONS; and WILLIAM R. PARKE. Answer due by 12/27/2016. Signed by John Brubaker, Clerk of Court, on 11/18/2016. (Brubaker, John)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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52
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MOTION for Extension of Time to File Answer re 1 Complaint, by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. (Attachments: # 1 Text of Proposed Order Proposed Order)(MOOREFIELD, RICKEY) (Entered: 11/18/2016)
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Nov. 18, 2016
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Nov. 18, 2016
PACER
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Order on Motion for Extension of Time to Answer
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Nov. 21, 2016
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Nov. 21, 2016
PACER
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ORDER granting 52 Motion for Extension of Time to Answer for JAMES H. BAKER; CUMBERLAND COUNTY BOARD OF ELECTIONS; ROBERT KEVIN HIGHT; HARVEY RAYNOR, III; and TERRI ROBERTSON. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/21/2016. (Brubaker, John)
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Nov. 21, 2016
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Nov. 21, 2016
PACER
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53
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Joint MOTION for Extension of Time to File Answer re 1 Complaint, by the Beaufort, Moore, and Cumberland County Boards of Elections by THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 12/15/2016)
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Dec. 15, 2016
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Dec. 15, 2016
PACER
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Motions Referred
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Dec. 15, 2016
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Dec. 15, 2016
PACER
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Motion Referred: RE: 53 Joint MOTION for Extension of Time to File Answer re: 1 Complaint, by the Beaufort, Moore, and Cumberland County Boards of Elections, to MAGISTRATE JUDGE JOE L. WEBSTER. (Samuel-Priestley, Tina)
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Dec. 15, 2016
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Dec. 15, 2016
PACER
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54
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Declaration of Proof of Service served on All Defendants on 11/22/2016, filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. . (BROWN, ERIC) (Entered: 12/16/2016)
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Dec. 16, 2016
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Dec. 16, 2016
PACER
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Order on Motion for Extension of Time to Answer
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Dec. 20, 2016
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Dec. 20, 2016
PACER
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TEXT ORDER by MAG/JUDGE JOE L. WEBSTER on 12/20/16, granting 53 Joint MOTION for Extension of Time to File Answer re: 1 Complaint until 1/26/17. Answer due by 1/26/2017. (Garrett, Kim)
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Dec. 20, 2016
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Dec. 20, 2016
PACER
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55
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ANSWER to 1 Complaint, by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. (BERNIER, JAMES) (Entered: 12/22/2016)
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Dec. 22, 2016
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Dec. 22, 2016
Clearinghouse
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56
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MOTION to Dismiss by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. Response to Motion due by 2/16/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BENNETT, JOSHUA) (Entered: 01/26/2017)
1 Exhibit A
View on RECAP
2 Exhibit B
View on RECAP
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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57
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BRIEF re 56 MOTION to Dismiss . (BENNETT, JOSHUA) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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58
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ANSWER to 1 Complaint, with Jury Demand by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (BENNETT, JOSHUA) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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59
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MOTION to Dismiss by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. Response to Motion due by 2/16/2017 (MOOREFIELD, RICKEY) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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60
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BRIEF re 59 MOTION to Dismiss by Defendants JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON filed by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. (MOOREFIELD, RICKEY) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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61
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MOTION to Dismiss by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. Response to Motion due by 2/16/2017 (Attachments: # 1 Affidavit)(LELAND, MISTY) (Entered: 01/26/2017)
1 Affidavit
View on RECAP
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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62
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BRIEF re 61 MOTION to Dismiss . (LELAND, MISTY) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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63
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ANSWER to 1 Complaint, by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (LELAND, MISTY) (Entered: 01/26/2017)
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Jan. 26, 2017
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Jan. 26, 2017
Clearinghouse
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64
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MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(LEYTON, STACEY) (Entered: 02/03/2017)
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Feb. 3, 2017
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Feb. 3, 2017
PACER
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Motions Submitted
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Motions Submitted: 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss to JUDGE LORETTA C. BIGGS- (Williamson, Wanda)
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Motions No Longer Submitted
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Motions No Longer Submitted to JUDGE LORRETTA C. BIGGS 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss (Williamson, Wanda)
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Motions Referred
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Motions Referred: RE: 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss, to MAG/JUDGE JOE L. WEBSTER (Williamson, Wanda)
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Feb. 10, 2017
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Feb. 10, 2017
PACER
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Order on Motion for Extension of Time to File Response/Reply
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Feb. 14, 2017
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Feb. 14, 2017
PACER
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TEXT ORDER granting 64 Motion for Extension of Time to File Response to Motions to Dismiss. Plaintiffs shall have up to and including March 17, 2017 to respond to the pending motions to dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 2/14/2017. (Lee, Pedra)
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Feb. 14, 2017
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Feb. 14, 2017
PACER
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65
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RESPONSE in Opposition re 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss filed by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. Replies due by 3/2/2017 (Attachments: # 1 Exhibit A Numbered Memo 2016-23)(BERNIER, JAMES) (Entered: 02/16/2017)
1 Exhibit A Numbered Memo 2016-23
View on RECAP
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Feb. 16, 2017
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Feb. 16, 2017
Clearinghouse
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66
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MOTION for Extension of Time to File Response/Reply as to 65 Response in Opposition to Motion, by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 02/20/2017)
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Feb. 20, 2017
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Feb. 20, 2017
PACER
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Motions Referred
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Feb. 21, 2017
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Feb. 21, 2017
PACER
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Motions Referred: RE: 66 MOTION for Extension of Time to File Reply as to 65 Response in Opposition to Motion to MAG/JUDGE JOE L. WEBSTER. (Kemp, Donita)
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Feb. 21, 2017
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Feb. 21, 2017
PACER
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Order on Motion for Extension of Time to File Response/Reply
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Feb. 22, 2017
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Feb. 22, 2017
PACER
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