Case: Kadel v. Folwell

1:19-cv-00272 | U.S. District Court for the Middle District of North Carolina

Filed Date: March 11, 2019

Case Ongoing

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Case Summary

Plaintiffs in this case challenged the State Health Plan's refusal to cover medically necessary gender affirming care. On March 11, 2019, seven private plaintiffs, on behalf of themselves or their dependents, (collectively, “Plaintiffs”), represented by Transgender Legal Defense and Education Fund, Lambda Legal Defense and Education Fund, and private counsel, sued the State Treasurer of North Carolina, the Executive Administrator of the North Carolina State Health Plan for Teachers and State Em…

Plaintiffs in this case challenged the State Health Plan's refusal to cover medically necessary gender affirming care.

On March 11, 2019, seven private plaintiffs, on behalf of themselves or their dependents, (collectively, “Plaintiffs”), represented by Transgender Legal Defense and Education Fund, Lambda Legal Defense and Education Fund, and private counsel, sued the State Treasurer of North Carolina, the Executive Administrator of the North Carolina State Health Plan for Teachers and State Employees (the “Executive Administrator”), University of North Carolina at Chapel Hill (“UNC”), North Carolina State University (“NCS”), University of North Carolina at Greensboro (“UNCG”), and North Carolina State Health Plan for Teachers and State Employees (“NCSHP”), (collectively, “Defendants”), in the United States District Court for the Middle District of North Carolina. The Plaintiffs alleged that NCSHP’s policy of excluding coverage for treatment sought “in conjunction with proposed gender transformation” or “ in connection with sex changes or modification” (“Exclusion”), discriminated against Plaintiffs, who were either transgender or had transgender dependents.

The Plaintiffs alleged that the State Treasurer and the Executive Administrator, (collectively, “ANC”), violated the Equal Protection Clause on the basis of sex and transgender status. In the case of sex discrimination, it was by and through ANC’s actions and duties to design, negotiate, administer, and implement NCSHP’s exclusionary policy. In the case of transgender status discrimination, because NCSHP categorically excluded coverage for gender-affirming health care, ANC engaged in impermissible discrimination on the basis of gender identity.

The plaintiffs alleged that the three universities (collectively, the “University Defendants”) violated Title IX of the Education Amendments of 1972, which prohibits the discrimination on the basis of sex from any education program or activity that receives federal financial assistance. Plaintiffs alleged that by offering health plans with gender-affirming care exclusionary policies, the University Defendants had discriminated on the basis of sex against NCSHP enrollees, or their dependents, who required gender-affirming care. Three plaintiffs (“MK”, MB”, and “CB”) brought suit against UNC, two plaintiffs (JM” and “SS”) against NCS, and two plaintiffs (“JF” and “CTF”) against UNCG.

Lastly, the Plaintiffs alleged that NCSHP violated the Affordable Care Act (“ACA”) because as an entity that received federal financial assistance, they were prohibited from providing or administering health care insurance coverage that contained an exclusionary policy based on transgender status.

Against all these claims, the Plaintiffs sought declaratory judgments, a preliminary and permanent injunction, and compensatory and consequential damages. They also demanded that these issues were all heard by a jury. This case was assigned to District Judge Loretta C. Biggs and Magistrate Judge L. Patrick Auld.

On July 8, 2019, NCSHP and ANC (“State Defendants”) filed a joint motion to dismiss for failure to state a claim. NCSHP argued that the Plaintiffs are blocked from bringing a claim under the ACA because they were shielded by sovereign immunity. ANC argued that rational basis review applied because the Exclusion was based on medical diagnosis, not gender identity. The Defendants also moved to stay this action until the United States Supreme Court handed down their decision in Harris Funeral Homes, Inc. v. EEOC, a case about whether Title VII’s sex discrimination provisions covered discrimination against transgender individuals based on their status as transgender or sex stereotyping. The Defendants argued that the outcome of Harris Funeral Homes impacted the viability of the Title IX claim in this case.

Also on July 8, 2019, the University Defendants filed a motion to dismiss for failure to state a claim, citing the Plaintiffs lacked personal jurisdiction, subject matter jurisdiction, standing, and failed to state a claim upon which relief can be granted.

On February 21, 2020, the Plaintiffs filed an unopposed motion for entry of tolling stipulation against the University Defendants regarding Plaintiffs’ claims under Title VII of the Civil Rights Act of 1964 (“Title VII”) during the dependency of the case of Harris Funeral Homes. Judge Biggs granted the tolling stipulation on February 26.

On March 11, 2020, Judge Biggs denied both motions to dismiss. In the ACA claim against NCSHP, the court found that State Defendants waived sovereign immunity, and because Plaintiffs plausibly alleged a claim of sex discrimination under Title IX, Plaintiffs had also succeeded in stating a plausible claim of discrimination under the ACA. In the Equal Protection claim against ANC, the court found that the Exclusion was facially discriminatory against Plaintiffs and was subject to heightened scrutiny applied. The court also found that ANC did not provide any evidence that this discrimination served an important governmental objective or substantially related to this objective. In the claim against University Defendants, the court found the Plaintiffs had standing, Title IX protected parent plaintiffs and their children, the Plaintiffs had property alleged discrimination on the basis of sex, and that damages the Plaintiffs sought could remedy their claims.

Judge Biggs also denied the stay on the matter because the potential harm to Plaintiffs resulting from even a mild delay would be significant, while the harm to the Defendants was the inconvenience of having to start discovery. The court reasoned that since this case was in its infancy, and it would be months before Harris Funeral Homes was decided, the harm to the Plaintiffs outweighed that of the Defendants, and would not justify staying the matter.

On April 8, 2020, NCSHP filed an interlocutory appeal to the Fourth Circuit Court of Appeals challenging the denial of its motion to dismiss.

On August 2, 2020, the Plaintiffs’ moved to amend their complaint, and on March 5, 2021, Judge Auld granted the request. A new plaintiff (“DC”), an employee of North Carolina’s Department of Public Safety (“DPS”), joined the existing plaintiffs, (including DC, now collectively, “Plaintiffs”), in asserting an Equal Protection Claim against ANC, and an ACA claim against NCSHP. Furthermore, the Plaintiffs lodged new Title VII claims, MK against UNC, JM and SS against NCS, and DC against DPS and NCSHP.

On August 23, 2021, the Plaintiffs, excluding DC, filed a joint motion with the University Defendants to dismiss both of Plaintiffs’ claims against the University Defendants with prejudice as the parties reached a negotiated settlement, which was approved by the court on August 24. The Clearinghouse does not know the details of the settlement at this time.

On September 1, 2021, the Fourth Circuit affirmed the denial of NCSHP’s motion to dismiss. The Fourth Circuit agreed that NCSHP waived its sovereign immunity by accepting federal financial assistance.

On November 2, 2021, NCSHP filed a petition for a writ of certiorari with the United States Supreme Court, but it was denied on January 18, 2022.

On November 30, 2021, DPS filed a motion for summary judgment, arguing that there were no genuine issues of material fact, DC lacked standing, and DPS did not violate either of DC’s Title VII rights or any other constitutional rights. On this same day, ANC and NCSHP filed a motion for partial summary judgment on the ACA claim and Title VII claim, claiming there were no genuine issues of material fact.

On December 20, 2021, the Plaintiffs moved for summary judgement on their Equal Protection claim, and partial summary judgement for their ACA claims and DC’s Title VII claims, and sought declaratory and permanent injunctive relief. The Plaintiffs wanted to reserve the issues on damages for their statutory claims for trial.

On June 10, 2022, Judge Biggs found that the Exclusion discriminated on the basis of sex and transgender status in violation of the Equal Protection Clause and discriminated on the basis of sex in violation of Title VII. Therefore, the Plaintiffs were entitled to summary judgment regarding their Equal Protection Claim. DC failed to create a genuine issue of material fact as to whether NCSHP is DC’s employer, so NCSHP was granted summary judgment on DC’s Title VII claim. The court did find that DC had standing to sue DPS and was denied coverage based on her sex, thus DPS’ motion for summary judgement was denied. Judge Biggs also permanently enjoined NCSHP from enforcing the Exclusion and ordered NCSHP to reinstate coverage for gender-affirming care. In this order, the court did not decide on the claims alleged under the ACA, because the agency interpretation at issue (the term “health program or activity”, which under the 2020 rule excluded entities “principally engaged in providing or administering…health insurance coverage”) may change or be enjoined before this case went to trial.

On July 1, 2022, ANC filed an interlocutory appeal to the Fourth Circuit and on July 11, NCSHP filed their own interlocutory appeal. On July 27, ANC and NCSHP filed a motion to stay the injunction pending their appeal. On August 11, the Fourth Circuit granted the motion to voluntarily dismiss the appeal.

On October 19, 2022, Judge Biggs denied the motion for stay of injunction because the Defendants’ did not meet their burden of showing they were entitled to a stay. The court found that the Plaintiffs would continue to be harmed by not receiving their medically necessary care to treat their gender dysphoria, and it was in the public’s best interest to ensure they all people covered by NCSHP received their gender-affirming care, while the harm to the Defendants would be minimal.

On August 4, 2022, the United States Department of Health and Human Services (“DHHS”) published their interpretation of “health program or activity” as

On December 5, 2022, Judge Biggs granted the Plaintiff’s motion for summary judgment regarding the ACA issue. The court declined to apply the 2020 Rule interpretation and used the language of the ACA which plainly includes health insurance providers and plans, and, furthermore, DHHS decided that they will interpret “health program or activity” as applying “to all the operations of a recipient entity principally engaged in the provision or administration of health insurance coverage or other health-related coverage.”

On April 12, 2023, the Fourth Circuit granted a rehearing of the case en banc regarding the Equal Protection claim decided on by Judge Biggs on June 10, 2022.

On August 1, 2023, DPS and DC filed a joint motion to dismiss DC’s remaining claim – the Title VII claim – having reached a negotiated settlement, which was granted by the court on August 9. The Clearinghouse does not know the details of the settlement at this time.

On April 29, 2024, in an en banc decision, the Fourth Circuit affirmed that healthcare plans that cover medically necessary treatment for certain diagnosis but bars the same coverage for gender-affirming care violated the Equal Protection clause and other provisions of federal law.

On July 21, 2024, ANC and NCSHP filed a petition for a writ of certiorari with the United States Supreme Court.

This case is ongoing as of March 16, 2025.

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Summary Authors

Danica Fong (3/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14666925/parties/kadel-v-folwell/

Judge(s)

Biggs, Loretta Copeland (North Carolina)

Attorney for Plaintiff

BORELLI, TARA L. (North Carolina)

BROWN, DAVID (North Carolina)

BROWN, MEREDITH T. (North Carolina)

Attorney for Defendant

BRITO, OLGA E. (North Carolina)

Expert/Monitor/Master/Other

Judge(s)

Biggs, Loretta Copeland (North Carolina)

Attorney for Plaintiff

BORELLI, TARA L. (North Carolina)

BROWN, DAVID (North Carolina)

BROWN, MEREDITH T. (North Carolina)

CARABALLO, ALEJANDRA L. (North Carolina)

CHARLES, CARL S. (North Carolina)

CUKOR, EZRA U. (North Carolina)

DUNCAN, SYDNEY (North Carolina)

EVANS, LAUREN H. (North Carolina)

GONZALEZ-PAGAN, OMAR F. (North Carolina)

HASKEL, WARREN (North Carolina)

LEWIS, NOAH E. (North Carolina)

MAROLF, EVAN R. (North Carolina)

RAVI, DEEPIKA H. (North Carolina)

RICHARDSON, AMY E. (North Carolina)

SAFER, ADAM M. (North Carolina)

SNYDER, LAUREN E. (North Carolina)

TISHYEVICH, DMITRIY G. (North Carolina)

WEAVER, MICHAEL W. (North Carolina)

WYNN, GRACE H. (North Carolina)

Attorney for Defendant

BRITO, OLGA E. (North Carolina)

GARNER, JAMES BENJAMIN (North Carolina)

HAYES, SAM M. (North Carolina)

JONES, MARK A. (North Carolina)

JORDAN, CATHERINE F. (North Carolina)

KNEPPER, JOHN G. (North Carolina)

MCINNES, ALAN D. (North Carolina)

PADGET, ZACHARY A. (North Carolina)

POTTER, KIMBERLY D. (North Carolina)

SULLIVAN, NORA F. (North Carolina)

TRACHTMAN, JAMES B. (North Carolina)

WILLIAMS, ALEX R. (North Carolina)

WILLIAMS, KEVIN GUY (North Carolina)

Expert/Monitor/Master/Other

FULTON, SHANA L. (North Carolina)

SAINT, SULLIVAN COLLINS (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
20-1409	[Untitled] Kadel v. N.C. State Health Plan U.S. Court of Appeals for the Fourth Circuit	April 9, 2020	April 9, 2020 Docket
21-674	North Carolina State Health Plan for Teachers and State Employees, Petitioner v. Maxwell Kadel, et al. North Carolina State Health Plan for Teachers and State Employees, Petitioner v. Maxwell Kadel, et al. U.S. Court of Appeals for the Fourth Circuit	Nov. 5, 2021	Nov. 5, 2021 Docket
22-1730	[Untitled] U.S. Court of Appeals for the Fourth Circuit	July 12, 2022	July 12, 2022 Docket
24-99	Dale Folwell, State Treasurer of North Carolina, et al., Petitioners v. Maxwell Kadel, et al. Fowell v. Kadel U.S. Court of Appeals for the Fourth Circuit	July 30, 2024	July 30, 2024 Docket
22-1721	[Untitled] U.S. Court of Appeals for the Fourth Circuit	March 28, 2025	March 28, 2025 Docket
1 1:19-cv-00272	Complaint for Declaratory, Injunctive, and Other Relief	March 11, 2019	March 11, 2019 Complaint
32 1:19-cv-00272	Motion to Dismiss	July 8, 2019	July 8, 2019 Pleading / Motion / Brief
30 1:19-cv-00272	Defendants University of North Carolina at Chapel Hill, North Carolina State University, and University of North Carolina at Greensboro’s Motion to Dismiss	July 8, 2019	July 8, 2019 Pleading / Motion / Brief
45 1:19-cv-00272	Memorandum Opinion and Order	March 11, 2020	March 11, 2020 Order/Opinion
75 1:19-cv-00272	Amended Complaint for Declaratory, Injunctive, and Other Relief	March 9, 2021	March 9, 2021 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14666925/kadel-v-folwell/

Last updated July 2, 2025, 3:19 a.m.

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ECF Number	Description	Date	Link Date / Link
	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)	March 11, 2019	March 11, 2019 PACER
	Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle)	March 11, 2019	March 11, 2019 PACER
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2527770.), filed by C.B., Connor Thonen-Fleck, Sam Silvaine, Jason Fleck, Maxwell Kadel, Julia McKeown, Michael D Bunting Jr..(RICHARDSON, AMY)	March 11, 2019	March 11, 2019 Clearinghouse
2	NOTICE of Appearance by attorney TARA L. BORELLI on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BORELLI, TARA)	March 11, 2019	March 11, 2019 RECAP
3	NOTICE of Appearance by attorney NOAH E. LEWIS on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (LEWIS, NOAH)	March 11, 2019	March 11, 2019 RECAP
4	NOTICE of Appearance by attorney MEREDITH T. BROWN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BROWN, MEREDITH)	March 11, 2019	March 11, 2019 RECAP
5	NOTICE of Appearance by attorney OMAR F. GONZALEZ-PAGAN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (GONZALEZ-PAGAN, OMAR)	March 11, 2019	March 11, 2019 RECAP
6	Summons Issued as to All Defendants. (Coyne, Michelle)	March 11, 2019	March 11, 2019 RECAP
7	Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Consent Form)(Coyne, Michelle) 1 Consent Form View on RECAP	March 11, 2019	March 11, 2019 RECAP
8	NOTICE of Appearance by attorney DEEPIKA H. RAVI on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (RAVI, DEEPIKA)	March 12, 2019	March 12, 2019 RECAP
9	WAIVER OF SERVICE Returned Executed by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. DALE FOLWELL waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 14, 2019	March 14, 2019 RECAP
10	WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. DEE JONES waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 14, 2019	March 14, 2019 RECAP
11	WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES waiver sent on 3/13/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 14, 2019	March 14, 2019 RECAP
12	WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 22, 2019	March 22, 2019 RECAP
13	WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. UNIVERSITY OF NORTH CAROLINA AT GREENSBORO waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 22, 2019	March 22, 2019 RECAP
14	WAIVER OF SERVICE of SUMMONS by C.B., CONNOR THONEN-FLECK, SAM SILVANIE, JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, MICHAEL D. BUNTING, JR. NORTH CAROLINA STATE UNIVERSITY waiver sent on 3/14/2019, answer due 5/13/2019. (RICHARDSON, AMY)	March 22, 2019	March 22, 2019 RECAP
15	NOTICE of Appearance by attorney CATHERINE F. JORDAN on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (JORDAN, CATHERINE)	March 26, 2019	March 26, 2019 RECAP
16	Corporate Disclosure Statement by UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (JORDAN, CATHERINE)	March 26, 2019	March 26, 2019 RECAP
17	Corporate Disclosure Statement by NORTH CAROLINA STATE UNIVERSITY. (JORDAN, CATHERINE)	March 26, 2019	March 26, 2019 RECAP
18	Corporate Disclosure Statement by UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL. (JORDAN, CATHERINE)	March 26, 2019	March 26, 2019 RECAP
	ORDER granting 20 Motion for Extension of Time to Answer for DALE FOLWELL; DEE JONES; and NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Answer due by 6/12/2019. Signed by John Brubaker, Clerk of Court, on 5/6/2019. (Brubaker, John)	May 6, 2019	May 6, 2019 PACER
19	NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (VYSOTSKAYA DE BRITO, OLGA)	May 6, 2019	May 6, 2019 RECAP
20	Consent MOTION for Extension of Time to File Answer re [1] Complaint by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # (1) Text of Proposed Order)(VYSOTSKAYA DE BRITO, OLGA) 1 Text of Proposed Order View on RECAP	May 6, 2019	May 6, 2019 RECAP
21	MOTION for Extension of Time to File Answer re [1] Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) 1 Text of Proposed Order Granting Extension of Time View on RECAP	May 7, 2019	May 7, 2019 RECAP
	ORDER granting 21 Motion for Extension of Time to Answer for UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 6/12/2019. Signed by John Brubaker, Clerk of Court, on 5/8/2019. (Brubaker, John)	May 8, 2019	May 8, 2019 PACER
22	NOTICE of Appearance by attorney MARK A. JONES on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (JONES, MARK)	June 7, 2019	June 7, 2019 RECAP
23	NOTICE of Appearance by attorney KEVIN GUY WILLIAMS on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (WILLIAMS, KEVIN)	June 7, 2019	June 7, 2019 RECAP
24	MOTION for Extension of Time to File Answer or Appropriate Responsive Pleading by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # (1) Text of Proposed Order)(JONES, MARK) 1 Text of Proposed Order View on RECAP	June 7, 2019	June 7, 2019 RECAP
	Motions Referred: RE: 24 MOTION for Extension of Time to File Answer or Appropriate Responsive Pleading, 25 Joint MOTION for Extension of Time to File Answer re 1 Complaint, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	June 10, 2019	June 10, 2019 PACER
25	Joint MOTION for Extension of Time to File Answer re [1] Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) 1 Text of Proposed Order Granting Extension of Time View on RECAP	June 10, 2019	June 10, 2019 RECAP
	TEXT ORDER finding as moot 24 Motion for Extension of Time and granting 25 Motion for Extension of Time. Defendants shall answer or otherwise respond by 07/08/2019. Plaintiffs shall file any response to any timely file motion to dismiss by 08/05/2019 and Defendants shall file any reply by 08/19/2019. Issued by MAG/JUDGE L. PATRICK AULD on 06/11/2019. (AULD, L.)	June 11, 2019	June 11, 2019 PACER
26	NOTICE of Appearance by attorney JOHN G. KNEPPER on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES (KNEPPER, JOHN)	June 17, 2019	June 17, 2019 RECAP
	Motion Referred: RE: 27 MOTION to Withdraw as Attorney OLGA E. VYSOTSKAYA DE BRITO, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	July 3, 2019	July 3, 2019 PACER
27	MOTION to Withdraw as Attorney OLGA E. VYSOTSKAYA DE BRITO by on behalf of DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # (1) Text of Proposed Order Draft Proposed Order Allowing a Motion to Withdraw)(VYSOTSKAYA DE BRITO, OLGA) 1 Text of Proposed Order Draft Proposed Order Allowing a Motion to Withdraw View on RECAP	July 3, 2019	July 3, 2019 RECAP
	TEXT ORDER granting 27 Motion for Leave to Withdraw. Attorney OLGA E. VYSOTSKAYA DE BRITO is terminated as counsel of record for Defendants Dale Folwell, Dee Jones, and the North Carolina State Health Plan. Issued by MAG/JUDGE L. PATRICK AULD on 07/04/2019. (AULD, L.)	July 4, 2019	July 4, 2019 PACER
28	NOTICE of Appearance by attorney SAM M. HAYES on behalf of Defendant DALE FOLWELL (HAYES, SAM)	July 5, 2019	July 5, 2019 RECAP
29	NOTICE of Appearance by attorney KIMBERLY D. POTTER on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (POTTER, KIMBERLY)	July 8, 2019	July 8, 2019 RECAP
30	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Response to Motion due by 7/29/2019 (POTTER, KIMBERLY)	July 8, 2019	July 8, 2019 Clearinghouse
31	MEMORANDUM filed by Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO re [30] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Exhibit A March 20, 2019 Advisory Letter, # (2) Exhibit B June 20, 2013 Advisory Letter)(POTTER, KIMBERLY) 1 Exhibit A March 20, 2019 Advisory Letter View on RECAP 2 Exhibit B June 20, 2013 Advisory Letter View on RECAP	July 8, 2019	July 8, 2019 RECAP
32	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Response to Motion due by 7/29/2019 (WILLIAMS, KEVIN)	July 8, 2019	July 8, 2019 Clearinghouse
33	MEMORANDUM filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN)	July 8, 2019	July 8, 2019 RECAP
34	RESPONSE in Opposition re [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, DEE JONES filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 8/19/2019 (RICHARDSON, AMY)	Aug. 5, 2019	Aug. 5, 2019 RECAP
35	RESPONSE in Opposition re [30] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, NORTH CAROLINA STATE UNIVERSITY filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Replies due by 8/19/2019 (RICHARDSON, AMY)	Aug. 5, 2019	Aug. 5, 2019 RECAP
	Motion Referred: RE: 36 MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	Aug. 14, 2019	Aug. 14, 2019 PACER
	TEXT ORDER granting 36 Motion for Extension of Time. Defendants University of North Carolina at Chapel Hill, North Carolina State University, and University of North Carolina at Greensboro shall file any reply to 35 Response by 09/18/2019. Issued by MAG/JUDGE L. PATRICK AULD on 08/14/2019. (AULD, L.)	Aug. 14, 2019	Aug. 14, 2019 PACER
36	MOTION for Extension of Time to File Response/Reply as to [35] Response in Opposition to Motion, by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Granting Extension of Time)(JORDAN, CATHERINE) 1 Text of Proposed Order Granting Extension of Time View on RECAP	Aug. 14, 2019	Aug. 14, 2019 RECAP
37	REPLY Memorandum filed by Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES re [32] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (WILLIAMS, KEVIN) Modified on 8/20/2019 to correctly reflect pleading title. (Garland, Leah)	Aug. 19, 2019	Aug. 19, 2019 RECAP
38	Suggestion of Subsequently Decided Authority by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY)	Aug. 22, 2019	Aug. 22, 2019 RECAP
39	REPLY, filed by Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, to Response to [30] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (JORDAN, CATHERINE)	Sept. 18, 2019	Sept. 18, 2019 RECAP
	Motions Submitted: 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE LORETTA C. BIGGS. (Blay, Debbie)	Sept. 23, 2019	Sept. 23, 2019 PACER
40	Suggestion of Subsequently Decided Authority re [34] Response in Opposition to Motion, [35] Response in Opposition to Motion, by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY)	Jan. 2, 2020	Jan. 2, 2020 RECAP
	Motion Submitted: 41 MOTION for Entry of Tolling Stipulation (Unopposed) to JUDGE LORETTA C. BIGGS. (Blay, Debbie)	Feb. 21, 2020	Feb. 21, 2020 PACER
41	MOTION for Entry of Tolling Stipulation (Unopposed) by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (RICHARDSON, AMY)	Feb. 21, 2020	Feb. 21, 2020 RECAP
42	MEMORANDUM filed by Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK re [41] MOTION for Entry of Tolling Stipulation (Unopposed) filed by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(RICHARDSON, AMY) 1 Exhibit A View on RECAP 2 Text of Proposed Order View on RECAP	Feb. 21, 2020	Feb. 21, 2020 RECAP
43	ORDER signed by JUDGE LORETTA C. BIGGS on 02/26/2020, that the motion for approval and entry of the Tolling Stipulation is GRANTED. The Tolling Stipulation, entered on the docket as ECF No. [42]-1, shall be deemed filed as of the date of this order. (Garland, Leah)	Feb. 26, 2020	Feb. 26, 2020 RECAP
44	NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. AMY E. RICHARDSON is substituted as counsel for Plaintiffs. Attorney MEREDITH T. BROWN terminated. (RICHARDSON, AMY)	Feb. 28, 2020	Feb. 28, 2020 RECAP
45	MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 03/10/2020, that University Defendants' Motion to Dismiss, (ECF No. [30]), and State Defendants' Motion to Dismiss, (ECF No. [32]), are each DENIED in their entirety. (Garland, Leah)	March 11, 2020	March 11, 2020 Clearinghouse
46	MOTION for Extension of Time to File Answer re [1] Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Proposed Order on Motion for Extension of Time)(JORDAN, CATHERINE) 1 Text of Proposed Order Proposed Order on Motion for Extension of Time View on RECAP	March 19, 2020	March 19, 2020 RECAP
	ORDER granting 46 Motion for Extension of Time to Answer for NORTH CAROLINA STATE UNIVERSITY; UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL; and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Answer due by 4/24/2020. Signed by John Brubaker, Clerk of Court, on 3/20/2020. (Brubaker, John)	March 20, 2020	March 20, 2020 PACER
47	Consent MOTION for Extension of Time to File Answer until April 24, 2020 by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. (Attachments: # (1) Text of Proposed Order)(WILLIAMS, KEVIN) 1 Text of Proposed Order View on RECAP	March 20, 2020	March 20, 2020 RECAP
	Motion Referred: RE: 47 Consent MOTION for Extension of Time to File Answer until April 24, 2020, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	March 23, 2020	March 23, 2020 PACER
	TEXT ORDER granting 47 Motion for Extension of Time. Defendants DALE FOLWELL, DEE JONES, and NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES shall answer or otherwise respond by 04/24/2020. Issued by MAG/JUDGE L. PATRICK AULD on 03/23/2020. (AULD, L.)	March 23, 2020	March 23, 2020 PACER
48	NOTICE of Appearance by attorney DAVID BROWN on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (BROWN, DAVID)	April 8, 2020	April 8, 2020 RECAP
49	NOTICE of Appearance by attorney ALEJANDRA L. CARABALLO on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (CARABALLO, ALEJANDRA)	April 8, 2020	April 8, 2020 RECAP
50	NOTICE OF INTERLOCUTORY APPEAL as to [45] Memorandum Opinion and Order, by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Filing fee $ 505, receipt number 0418-2785530. (JONES, MARK)	April 8, 2020	April 8, 2020 RECAP
51	Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: [50] Notice of Interlocutory Appeal. (Garland, Leah)	April 9, 2020	April 9, 2020 RECAP
52	NOTICE of Docketing Record on Appeal from USCA re [50] Notice of Interlocutory Appeal filed by NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. USCA Case Manager is Cathy Poulsen. USCA Case Number 20-1409. (Garland, Leah)	April 9, 2020	April 9, 2020 RECAP
	Motion Referred: RE: 54 Consent MOTION for Extension of Time to File Answer re 1 Complaint, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	April 22, 2020	April 22, 2020 PACER
53	NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. NORA F. SULLIVAN is substituted as counsel for Defendants. Attorney CATHERINE F. JORDAN terminated. (SULLIVAN, NORA)	April 22, 2020	April 22, 2020 RECAP
54	Consent MOTION for Extension of Time to File Answer re [1] Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Consent Motion for Second Extension of Time to Answer)(SULLIVAN, NORA) 1 Text of Proposed Order Consent Motion for Second Extension of Time to Answer View on RECAP	April 22, 2020	April 22, 2020 RECAP
	TEXT ORDER granting 54 Consent Motion for Second Extension of Time. Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO shall answer or otherwise respond by 05/26/2020. Issued by MAG/JUDGE L. PATRICK AULD on 04/23/2020. (AULD, L.)	April 23, 2020	April 23, 2020 PACER
55	NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. JAMES BENJAMIN GARNER is substituted as counsel for Defendants. Attorney SAM M. HAYES terminated. (GARNER, JAMES)	April 24, 2020	April 24, 2020 RECAP
56	ANSWER to [1] Complaint with Jury Demand by DALE FOLWELL, DEE JONES. (JONES, MARK)	April 24, 2020	April 24, 2020 RECAP
57	NOTICE of Appearance by attorney ZACHARY A. PADGET on behalf of Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO (PADGET, ZACHARY)	May 20, 2020	May 20, 2020 RECAP
58	Consent MOTION for Extension of Time to File Answer re [1] Complaint by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (Attachments: # (1) Text of Proposed Order Consent Motion for Third Extension of Time to Answer)(SULLIVAN, NORA) 1 Text of Proposed Order Consent Motion for Third Extension of Time to Answer View on RECAP	May 20, 2020	May 20, 2020 RECAP
	TEXT ORDER granting 58 Consent Motion for Third Extension of Time. Defendants NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, and UNIVERSITY OF NORTH CAROLINA AT GREENSBORO shall answer or otherwise respond by 06/09/2020. Issued by MAG/JUDGE L. PATRICK AULD on 05/21/2020. (AULD, L.)	May 21, 2020	May 21, 2020 PACER
59	ANSWER to [1] Complaint with Jury Demand by NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. (SULLIVAN, NORA)	June 9, 2020	June 9, 2020 RECAP
60	NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/3/2020 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim)	June 10, 2020	June 10, 2020 RECAP
61	Rule 26(f) Report (Joint) filed by all parties by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK.(RICHARDSON, AMY)	July 29, 2020	July 29, 2020 RECAP
	Motions Referred: RE: 61 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)	July 30, 2020	July 30, 2020 PACER
62	MOTION to Amend [1] Complaint by MAXWELL KADEL. Response to Motion due by 8/24/2020 (Attachments: # (1) Exhibit A - Amended Complaint, # (2) Text of Proposed Order)(RICHARDSON, AMY) 1 Exhibit A - Amended Complaint View on RECAP 2 Text of Proposed Order View on RECAP	Aug. 3, 2020	Aug. 3, 2020 RECAP
	TEXT ORDER adopting 61 Joint Report pursuant to Federal Rule of Civil Procedure 26(f). Issued by MAG/JUDGE L. PATRICK AULD on 08/13/2020. (AULD, L.)	Aug. 13, 2020	Aug. 13, 2020 PACER
	Set Scheduling Order Deadlines: Discovery shall be established as Exceptional. Mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be Jon Harkavy. The parties do not consent to trial before a Magistrate Judge. Trial is expected to take approximately five (5) days. Plaintiff's have demanded a jury trial. Plaintiff's Amended Pleadings due by 10/1/2020. Defendant's Amended Pleadings due by 12/1/2020. Discovery due by 5/31/2021. Joinder of Parties for Plaintiff due by 10/1/2020. Joinder of Parties for Defendant due by 12/1/2020. (Garland, Leah)	Aug. 14, 2020	Aug. 14, 2020 PACER
	Rule 26f - Joint	Aug. 14, 2020	Aug. 14, 2020 PACER
	MEDIATION SCHEDULING ORDER; Mediation due by 1/15/2021.(Kemp, Donita)	Aug. 17, 2020	Aug. 17, 2020 PACER
63	ORDER Appointing JONATHAN R. HARKAVY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita) Modified on 10/23/2020 - RESCINDED pursuant to [66] order. (Gammon, Cheryl).	Aug. 17, 2020	Aug. 17, 2020 RECAP
	Mediation Scheduling Order	Aug. 17, 2020	Aug. 17, 2020 PACER
64	RESPONSE in Opposition re [62] MOTION to Amend [1] Complaint filed by MAXWELL KADEL filed by DALE FOLWELL, DEE JONES, NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES. Replies due by 9/8/2020 (WILLIAMS, KEVIN)	Aug. 24, 2020	Aug. 24, 2020 RECAP
65	REPLY, filed by Plaintiff MAXWELL KADEL, to Response to [62] MOTION to Amend [1] Complaint filed by MAXWELL KADEL. (Attachments: # (1) Appendix A)(RICHARDSON, AMY) 1 Appendix A View on RECAP	Sept. 8, 2020	Sept. 8, 2020 RECAP
	Motion Referred: RE: 62 MOTION to Amend 1 Complaint, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	Sept. 9, 2020	Sept. 9, 2020 PACER
66	ORDER appointing Kenneth P. Carlson, Jr. as the mediator. The order of 8/17/2020 appointing Jonathan Harkavy is hereby rescinded. (Gammon, Cheryl)	Oct. 23, 2020	Oct. 23, 2020 RECAP
	Motion Referred: RE: 67 MOTION to Withdraw as Attorney NORA F. SULLIVAN, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	Dec. 8, 2020	Dec. 8, 2020 PACER
	TEXT ORDER granting 67 Motion to Withdraw as Counsel. Attorney NORA F. SULLIVAN is terminated as counsel for Defendants University of North Carolina at Chapel Hill, North Carolina State University, and University of North Carolina at Greensboro. Issued by MAG/JUDGE L. PATRICK AULD on 12/08/2020. (AULD, L.)	Dec. 8, 2020	Dec. 8, 2020 PACER
67	MOTION to Withdraw as Attorney NORA F. SULLIVAN by on behalf of NORTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, UNIVERSITY OF NORTH CAROLINA AT GREENSBORO. Responses due by 12/29/2020 (Attachments: # (1) Text of Proposed Order)(SULLIVAN, NORA) 1 Text of Proposed Order View on RECAP	Dec. 8, 2020	Dec. 8, 2020 RECAP
68	NOTICE of Attorney Appearance by attorney LAUREN E. SNYDER on behalf of Plaintiffs MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK (SNYDER, LAUREN)	Dec. 9, 2020	Dec. 9, 2020 RECAP
	Motion Referred: RE: 69 Joint MOTION for Protective Order, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie)	Jan. 19, 2021	Jan. 19, 2021 PACER
69	Joint MOTION for Protective Order by MICHAEL D. BUNTING, JR, C.B., JASON FLECK, MAXWELL KADEL, JULIA MCKEOWN, SAM SILVANIE, CONNOR THONEN-FLECK. Response to Motion due by 2/2/2021 (Attachments: # (1) Exhibit Protective Order, # (2) Text of Proposed Order)(RICHARDSON, AMY) 1 Exhibit Protective Order View on RECAP 2 Text of Proposed Order View on RECAP	Jan. 19, 2021	Jan. 19, 2021 RECAP
70	STIPULATED PROTECTIVE ORDER signed by MAG/JUDGE L. PATRICK AULD on 01/19/2021, as set out herein. (Garland, Leah)	Jan. 19, 2021	Jan. 19, 2021 RECAP
	TEXT ORDER clarifying 70 Stipulated Protective Order, in that, notwithstanding the language in Paragraph 17, 70 Stipulated Protective Order does not obligate any judge conducting an open-court proceeding to accept evidence via in camera submission simply because a party has designated such evidence as confidential under 70 Stipulated Protective Order. Issued by MAG/JUDGE L. PATRICK AULD on 01/20/2021. (AULD, L.)	Jan. 20, 2021	Jan. 20, 2021 PACER
71	USCA ORDER: The court grants the motion to relieve Samuel Robert Bagenstos as counsel from further representation on appeal. (USCA Case number: 20-1409) (Garland, Leah)	Jan. 22, 2021	Jan. 22, 2021 RECAP

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