Case: United States v. City of Durham, North Carolina

COMPLAINT against CITY OF DURHAM, NORTH CAROLINA filed by UNITED STATES OF AMERICA. (GIVEN, EMILY) Modified on 10/8/2024 to correct party names. (sh) (Entered: 10/07/2024)

Joint MOTION for Provisional Approval and Entry of Consent Decree by United States. (Attachments: # 1 Memorandum in Support of Joint Motion, # 2 Exhibit A - Consent Decree, # 3 Appendices to Exhibit A - Consent Decree, # 4 Proposed Order)(GIVEN, EMILY) (Entered: 10/07/2024)

1 Memorandum in Support of Joint Motion

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2 Exhibit A - Consent Decree

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3 Appendices to Exhibit A - Consent Decree

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4 Proposed Order

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MEMORANDUM filed by Plaintiff UNITED STATES OF AMERICA re 2 Joint MOTION for Provisional Approval and Entry of Consent Decree filed by UNITED STATES OF AMERICA. (GIVEN, EMILY) (Entered: 10/07/2024)

NOTICE of Attorney Appearance by attorney REBECCA A. MAYER on behalf of Plaintiff UNITED STATES OF AMERICA (MAYER, REBECCA) (Entered: 10/07/2024)

NOTICE of Attorney Appearance by attorney ROBERT RICH on behalf of Plaintiff UNITED STATES OF AMERICA (RICH, ROBERT) (Entered: 10/08/2024)

Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (sh)

CASE REFERRED to Standing Order 30. (sh)

NOTICE of Attorney Appearance by attorney ANNE MARIE TOSCO on behalf of Defendant CITY OF DURHAM, NORTH CAROLINA (TOSCO, ANNE) (Entered: 10/08/2024)

Summons Issued as to CITY OF DURHAM, NORTH CAROLINA. (sh) (Entered: 10/08/2024)

Motions Referred: RE: 2 Joint MOTION for Provisional Approval and Entry of Consent Decree, to MAG/JUDGE JOI ELIZABETH PEAKE (kg)

Case Reassigned to JUDGE THOMAS D. SCHROEDER. UNASSIGNED no longer assigned to the case. (km)

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 2 Joint MOTION for Provisional Approval and Entry of Consent Decree. (ae)

NOTICE of Attorney Appearance by attorney SARAH LAWS on behalf of Defendant CITY OF DURHAM, NORTH CAROLINA (LAWS, SARAH) (Entered: 10/21/2024)

NOTICE of Hearing: Motion Hearing set for 12/16/2024 at 10:00 AM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (ae) (Entered: 11/25/2024)

Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER in WS-2: Motion Hearing held on 12/16/2024 on 2 Joint MOTION for Provisional Approval and Entry of Consent Decree filed by UNITED STATES OF AMERICA. AUSA Rebecca Mayer and DOJ Trial Attorneys Emily Given and Robert Rich present for the Government. Attorney Ann Marie Tosco present for the City of Durham. Argument presented. Supplemental briefing to address the application, or not, of Ricci and if Ricci does apply, why there is a strong basis in evidence due within 30 days. Matter taken under advisement. (Court Reporter Briana Chesnut.) (ae)

Joint MOTION to Stay Case Management Deadlines by UNITED STATES OF AMERICA. Response to Motion due by 1/9/2025 (Attachments: # 1 Text of Proposed Order)(RICH, ROBERT) (Entered: 12/19/2024)

1 Text of Proposed Order

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Motion Submitted to JUDGE THOMAS D. SCHROEDER: 10 Joint MOTION to Stay Case Management Deadlines. (ae)

Transcript of Proceedings held on 12/16/2024, before Judge Thomas D. Schroeder. Court Reporter Briana L. Chesnut, Telephone number 336-734-2514. Email: brinesbit@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/13/2025. Redacted Transcript Deadline set for 1/24/2025. Release of Transcript Restriction set for 3/24/2025. (bc) (Entered: 12/20/2024)

ORDER granting 10 Motion to Stay is GRANTED and that all case management deadlines, including the United States' deadline to serve the Summons and Complaint on the City of Durham, are stayed pending the courts resolution of the Parties' Joint Motion for Provisional Approval and Entry of Consent Decree. Signed by JUDGE THOMAS D. SCHROEDER on 12/20/2024. (at) (Entered: 12/20/2024)

Consent MOTION to Exceed Word Limitation by UNITED STATES OF AMERICA. Response to Motion due by 1/31/2025 (Attachments: # 1 Text of Proposed Order)(GIVEN, EMILY) (Entered: 01/10/2025)

1 Text of Proposed Order

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Motion Submitted to JUDGE THOMAS D. SCHROEDER: 13 Consent MOTION to Exceed Word Limitation. (ae)

MOTION for Leave to File Amicus Brief and Appear at Argument by American Alliance for Equal Rights. Response to Motion due by 2/4/2025 (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(DICKEY, GILBERT) (Entered: 01/14/2025)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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NOTICE of Attorney Appearance by attorney GILBERT DICKEY on behalf of Amicus American Alliance for Equal Rights (DICKEY, GILBERT) (Entered: 01/14/2025)

Corporate Disclosure Statement. (DICKEY, GILBERT) (Entered: 01/14/2025)

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 14 MOTION for Leave to File Amicus Brief and Appear at Argument. (ae)

ORDER signed by JUDGE THOMAS D. SCHROEDER on 01/15/2025, that the motion (Doc. 13 ) is GRANTED. The word limit for the briefing the court requested regarding the applicability of Ricci v. Destefano, 557 U.S. 557 (2009), (Minute Entry Dec. 16, 2014), is increased to 9,000 words. (cc) (Entered: 01/15/2025)

ORDER that the motion 14 is GRANTED in that American Alliance for Equal Rights is granted leave to file its brief as amicus curiae as a separate document forthwith. The court reserves decision on whether the Alliance shall be granted leave to present argument at any future hearing. See L.R. 7.5(f). Signed by JUDGE THOMAS D. SCHROEDER on 01/15/2025. (at) (Entered: 01/15/2025)

Amicus Curiae BRIEF of the American Alliance for Equal Rights. (DICKEY, GILBERT) (Entered: 01/15/2025)

Redacted BRIEF Regarding Applicability of Ricci v. DeStefano to Motion for Provisional Approval and Entry of Consent Decree. (Attachments: # 1 Exhibit 1 - Scherbaum Declaration, # 2 Exhibit 2 - Goldstein Declaration (redacted, # 3 Exhibit 3 - MDSP Order, # 4 Exhibit 4 - Lubbock Order, # 5 Exhibit 5 - Austin Order, # 6 Exhibit 6 - FDNY Validity Report, # 7 Exhibit 7 - Baltimore Agreement, # 8 Exhibit 8 - RIDOC Agreement, # 9 Exhibit 9 - Lubbock Decree, # 10 Exhibit 10 - Austin Decree, # 11 Exhibit 11 - MDOC Agreement (Part 1), # 12 Exhibit 11 - MDOC Agreement (Part II))(GIVEN, EMILY) (Entered: 01/15/2025)

1 Exhibit 1 - Scherbaum Declaration

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2 Exhibit 2 - Goldstein Declaration (redacted

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3 Exhibit 3 - MDSP Order

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4 Exhibit 4 - Lubbock Order

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5 Exhibit 5 - Austin Order

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6 Exhibit 6 - FDNY Validity Report

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7 Exhibit 7 - Baltimore Agreement

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8 Exhibit 8 - RIDOC Agreement

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9 Exhibit 9 - Lubbock Decree

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10 Exhibit 10 - Austin Decree

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11 Exhibit 11 - MDOC Agreement (Part 1)

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12 Exhibit 11 - MDOC Agreement (Part II)

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MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by UNITED STATES OF AMERICA. Response to Motion due by 1/29/2025 (Attachments: # 1 Text of Proposed Order)(GIVEN, EMILY) (Entered: 01/15/2025)

1 Text of Proposed Order

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SEALED UNREDACTED DOCUMENTS Brief Regarding Applicability of Ricci v. DeStefano to Motion for Provisional Approval and Entry of Consent Decree (public version filed at 20) (highlighted) filed by Plaintiff UNITED STATES OF AMERICA, Defendant CITY OF DURHAM, NORTH CAROLINA re 20 Brief,, 21 Motion to Seal,. (Attachments: # 1 Exhibit 1 - Scherbaum Declaration, # 2 Exhibit 2 - Goldstein Declaration (highlighted), # 3 Exhibit 3 - MDSP Order, # 4 Exhibit 4 - Lubbock Order, # 5 Exhibit 5 - Austin Order, # 6 Exhibit 6 - FDNY Validity Report, # 7 Exhibit 7 - Baltimore Agreement, # 8 Exhibit 8 - RIDOC Agreement, # 9 Exhibit 9 - Lubbock Decree, # 10 Exhibit 10 - Austin Decree, # 11 Exhibit 11 - MDOC Agreement (Part 1), # 12 Exhibit 11 - MDOC Agreement (Part 2))(GIVEN, EMILY) (Entered: 01/15/2025)

Suggestion of Subsequently Decided Authority re 20 Brief,, by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Jan. 16, 2025 Order in U.S. v. Cobb County, Ga.)(RICH, ROBERT) (Entered: 01/16/2025)

1 Exhibit Jan. 16, 2025 Order in U.S. v. Cobb County, Ga.

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NOTICE of Special Appearance by attorney CAMERON THOMAS NORRIS on behalf of Amicus AMERICAN ALLIANCE FOR EQUAL RIGHTS ( Filing fee $ 25 receipt number ANCMDC-3999444.) (NORRIS, CAMERON) (Entered: 01/17/2025)

NOTICE of Special Appearance by attorney PAUL RICKARD DRAPER on behalf of Amicus AMERICAN ALLIANCE FOR EQUAL RIGHTS ( Filing fee $ 25 receipt number ANCMDC-3999465.) (DRAPER, PAUL) (Entered: 01/17/2025)

L.R. 5.5 REPORT-Joint for the Filing of Sealed Documents by Plaintiff UNITED STATES OF AMERICA. (GIVEN, EMILY) Modified on 1/28/2025 to correct event. (ae) (Entered: 01/27/2025)

Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: 26 L.R. 5.5 Report-Joint filed by all parties. (ae)

Motion Submitted to JUDGE THOMAS D. SCHROEDER: 21 MOTION to Seal. (ae)

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/30/2025, granting 26 Motion for L.R. 5.5 Report-Joint as approved as submitted. (at) (Entered: 01/30/2025)

NOTICE of Voluntary Dismissal of case by Plaintiff UNITED STATES OF AMERICA (GIVEN, EMILY) (Entered: 02/25/2025)