Case: Kwiatkowski v. Dismukes

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against Arthur Campbell, Leslie Cooley Dismukes ( Filing fee $ 405 receipt number ANCWDC-7317455), filed by LuluBell Frazier, Ashlee Inscoe, AJ Kwiatkowski, Tremayne Izzard, Pumpkin Snuggs.(Maffetore, Jaclyn) (Entered: 02/06/2026)

NOTICE of Appearance by Ivy A. Johnson on behalf of All Plaintiffs (Johnson, Ivy) (Entered: 02/06/2026)

NOTICE of Appearance by Daniel Kohle Siegel on behalf of All Plaintiffs (Siegel, Daniel) (Main Document 3 replaced on 2/10/2026) (tlj). (Entered: 02/09/2026)

NOTICE of Appearance by Elizabeth Guild Simpson on behalf of All Plaintiffs (Simpson, Elizabeth) (Entered: 02/09/2026)

Pro Se Law Clerk Referral

Case Assigned/Reassigned

Standing Order Regarding Use of Artificial Intelligence

Case assigned to Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(tlj)

Pro Se Law Clerk Referral to PSLC: 1 (tlj)

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (tlj)

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (t lj)

Case Assigned/Reassigned

Case reassigned to District Judge Susan C Rodriguez and US Magistrate Judge W. Carleton Metcalf. Chief Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document.(tlj)

REQUEST FOR WAIVER of Service sent to Defendant Arthur Campbell via Orlando Rodriguez on 2/6/2026 by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 02/12/2026)

REQUEST FOR WAIVER of Service sent to Defendant Leslie Cooley Dismukes via Orlando Rodriguez on 2/6/2026 by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 02/12/2026)

Case Assignment Packet Link

Clerk's Entry and Service of Case Assignment Packet. The document was served conventionally at case filing (tlj)

NOTICE of Appearance by James Albert Barnes, IV on behalf of Arthur Campbell, Leslie Cooley Dismukes (Barnes, James) (Entered: 02/23/2026)

WAIVER OF SERVICE Returned Executed by Leslie Cooley Dismukes, Arthur Campbell. Leslie Cooley Dismukes waiver sent on 2/6/2026, answer due 4/7/2026; Arthur Campbell waiver sent on 2/6/2026, answer due 4/7/2026. (Barnes, James) (Entered: 02/23/2026)

NOTICE of Appearance by Nicole Jo Moss on behalf of Philip E. Berger, Destin C. Hall (Moss, Nicole) (Entered: 03/06/2026)

MOTION for Leave to Appear Pro Hac Vice as to David H. Thompson Filing fee $ 300, receipt number ANCWDC-7354299. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

MOTION for Leave to Appear Pro Hac Vice as to Brian W. Barnes Filing fee $ 300, receipt number ANCWDC-7354309. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

MOTION for Leave to Appear Pro Hac Vice as to Peter A. Patterson Filing fee $ 300, receipt number ANCWDC-7354327. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

MOTION for Leave to Appear Pro Hac Vice as to John D. Ohlendorf Filing fee $ 300, receipt number ANCWDC-7354346. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

MOTION for Leave to Appear Pro Hac Vice as to John D. Ramer Filing fee $ 300, receipt number ANCWDC-7354373. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

Unopposed MOTION to Intervene by Philip E. Berger, Destin C. Hall. Responses due by 3/20/2026 (Attachments: # 1 Memorandum in Support of Motion to Intervene) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

Attachment by Philip E. Berger, Destin C. Hall. Attachment to 15 Motion to Intervene Exhibit 1, Proposed Answer (Moss, Nicole) (Entered: 03/06/2026)

Notice - Out of State Counsel

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

TEXT-ONLY ORDER granting 10, 11, 12, 13, 14 Motion for Leave to Appear Pro Hac Vice added David H. Thompson,Brian W. Barnes,Peter A. Patterson,John D. Ramer,John D. Ohlendorf for Philip E. Berger for Destin C. Hall (Pro Hac Vice Attorney served via NEF). Entered by District Judge Susan C Rodriguez on 3/6/2026. (mdp)

Notice to David H. Thompson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

Notice to Brian W. Barnes: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

Notice to Peter A. Patterson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

Notice to John D. Ohlendorf: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

Notice to John D. Ramer: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

NOTICE of Appearance by Tiffany Hoyd on behalf of Arthur Campbell, Leslie Cooley Dismukes (Hoyd, Tiffany) (Entered: 03/17/2026)

MOTION to Certify Class by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Responses due by 4/1/2026 (Attachments: # 1 Exhibit 1-Declaration of Dr. Randi Ettner, # 2 Exhibit 2-Text of 2025 N.C. Sess. Laws 84 (HB805), # 3 Exhibit 3-Declaration of Daniel K. Siegel, # 4 Exhibit 4-Declaration of AJ Kwiatkowski, # 5 Exhibit 5-Declaration of Pumpkin Snuggs, # 6 Exhibit 6-Declaration of LuluBell Frazier, # 7 Exhibit 7-Declaration of Tremayne Izzard, # 8 Exhibit 8-Declaration of Ashlee Inscoe, # 9 Exhibit 9-Declaration of Elizabeth G. Simpson, # 10 Appendix Exhibit Index) (Maffetore, Jaclyn) (Entered: 03/18/2026)

MEMORANDUM in Support re 18 MOTION to Certify Class by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 03/18/2026)

MOTION for Preliminary Injunction by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Responses due by 4/1/2026 (Maffetore, Jaclyn) (Entered: 03/18/2026)

MEMORANDUM in Support re 20 MOTION for Preliminary Injunction by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 03/18/2026)

Oral or Text-Only Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

TEXT-ONLY ORDER: The 15 Unopposed Motion to Intervene as Defendants by President Pro Tempore Philip E. Berger and Speaker Destin Hall is GRANTED and movants are GRANTED LEAVE to intervene in this matter. Movants are directed to file their proposed Answer (Doc. 16 ) no later than March 26, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 3/19/2026. (slm)

MOTION for Leave to Appear Pro Hac Vice as to Clark L. Hildabrand Filing fee $ 300, receipt number ANCWDC-7376925. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/25/2026)

ORDER that the 22 Motion for Leave to Appear Pro Hac Vice is GRANTED. Clark L. Hildabrand added for Philip E. Berger and Destin C. Hall (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 3/26/2026. (ps) (Entered: 03/26/2026)

ANSWER to 1 Complaint, by Philip E. Berger, Destin C. Hall.(Moss, Nicole) (Entered: 03/26/2026)

Notice - Out of State Counsel

Notice to Clark L. Hildabrand: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 4/2/2026. (ps)

Unopposed MOTION to Stay Deadlines to Respond to Plaintiffs' Motions for Preliminary Injunction and Class Certification until the Court Rules on State and Legislative Defendants' Motion for an Extension of Time by Philip E. Berger, Arthur Campbell, Leslie Cooley Dismukes, Destin C. Hall. Responses due by 4/10/2026 (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/27/2026)

MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by Philip E. Berger, Arthur Campbell, Leslie Cooley Dismukes, Destin C. Hall. Responses due by 4/10/2026 (Attachments: # 1 Exhibit Declaration of NCDAC Chief Medical Officer Arthur L. Campbell, III, M.D.) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/27/2026)

RESPONSE in Opposition re 26 MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 4/13/2026 (Siegel, Daniel) (Entered: 04/06/2026)

MOTION for Extension of Time to Answer re: 1 Complaint, or File Other Responsive Pleading by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Proposed Order) (Barnes, James). Motions referred to W. Carleton Metcalf. (Entered: 04/06/2026)

1 Proposed Order

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Order on Motion to Stay

TEXT-ONLY ORDER: As the State Defendants and Legislative Defendants have timely filed a motion seeking an extension of time to respond to Plaintiffs' motions for a preliminary injunction and for class certification (Doc. 26 ), it is not necessary for Defendants to file substantive responses to those motions while the motion for extension of time is pending. Consequently, the 25 "Unopposed Expedited Motion for an Administrative Stay of the Deadlines to Respond to Plaintiffs' Motions for Preliminary Injunction and Class Certification until the Court Rules of State and Legislative Defendants' Motion for an Extension of Time" is DENIED AS MOOT. Should the motion for extension of time be denied, a new deadline for Defendants to respond to Plaintiffs' underlying motions will be established. Entered by US Magistrate Judge W. Carleton Metcalf on 4/6/2026. (slm)

RESPONSE in Opposition re 28 MOTION for Extension of Time to Answer re: 1 Complaint, or File Other Responsive Pleading by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 4/14/2026 (Maffetore, Jaclyn) (Entered: 04/07/2026)

Order on Motion for Extension of Time

TEXT-ONLY ORDER: The State Defendants' 28 Motion for Extension of Time to File an Answer or Other Responsive Pleadings to Plaintiffs' Complaint is GRANTED, and the deadline for Leslie Cooley Dismukes and Arthur Campbell to file an answer or otherwise respond to Plaintiffs' Complaint is EXTENDED through and including May 7, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 4/8/2026. (hms)

REPLY to Response re 27 Response in Opposition to Motion, by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Exhibit 1)(Barnes, James) (Entered: 04/13/2026)

REPLY to Response to Motion re 26 MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by Philip E. Berger, Destin C. Hall. (Moss, Nicole) (Entered: 04/13/2026)

MOTION for Judgment on the Pleadings by Philip E. Berger, Destin C. Hall. Responses due by 5/21/2026 (Attachments: # 1 Brief in Support of Intervenor-Defendants' Motion for Judgment on the Pleadings, # 2 Index of Exhibits to Intervenor-Defendants' Brief, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 05/07/2026)

1 Brief in Support of Intervenor-Defendants' Motion for Judgment on the Plea

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2 Index of Exhibits to Intervenor-Defendants' Brief

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. Responses due by 5/21/2026 (Barnes, James). Motions referred to W. Carleton Metcalf. (Entered: 05/07/2026)

MEMORANDUM in Support re 33 MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Exhibit Declaration of Adrina Bass, # 2 Exhibit A1 Kwiatkowski, # 3 Exhibit B1 Frazier, # 4 Exhibit B2 Frazier, # 5 Exhibit B3 Frazier, # 6 Exhibit B4 Frazier, # 7 Exhibit B5 Frazier, # 8 Exhibit B6 Frazier, # 9 Exhibit B7 Frazier, # 10 Exhibit B8 Frazier, # 11 Exhibit B9 Frazier, # 12 Exhibit B10 Frazier, # 13 Exhibit C1 Snuggs, # 14 Exhibit C2 Snuggs, # 15 Exhibit D1 Inscoe, # 16 Exhibit D2 Inscoe, # 17 Exhibit D3 Inscoe, # 18 Exhibit D4 Inscoe, # 19 Exhibit Plaintiff AJ Kwiatkowski Oct. 23, 2025 Grievance)(Barnes, James) (Entered: 05/07/2026)

1 Exhibit Declaration of Adrina Bass

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2 Exhibit A1 Kwiatkowski

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3 Exhibit B1 Frazier

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4 Exhibit B2 Frazier

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5 Exhibit B3 Frazier

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6 Exhibit B4 Frazier

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7 Exhibit B5 Frazier

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8 Exhibit B6 Frazier

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9 Exhibit B7 Frazier

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10 Exhibit B8 Frazier

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11 Exhibit B9 Frazier

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12 Exhibit B10 Frazier

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13 Exhibit C1 Snuggs

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14 Exhibit C2 Snuggs

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15 Exhibit D1 Inscoe

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16 Exhibit D2 Inscoe

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17 Exhibit D3 Inscoe

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18 Exhibit D4 Inscoe

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19 Exhibit Plaintiff AJ Kwiatkowski Oct. 23, 2025 Grievance

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Consent MOTION for Leave to File Amended Answer by Philip E. Berger, Destin C. Hall. Responses due by 5/22/2026 (Attachments: # 1 Amended Answer of Intervenor-Defendants) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 05/08/2026)

MEMORANDUM in Support re 33 MOTION to Dismiss (Corrected Memorandum in Support) by Arthur Campbell, Leslie Cooley Dismukes. (Barnes, James) (Entered: 05/13/2026)

RESPONSE in Opposition re 33 MOTION to Dismiss, 32 MOTION for Judgment on the Pleadings by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 5/27/2026 (Maffetore, Jaclyn) (Entered: 05/20/2026)

REPLY to Response to Motion re 32 MOTION for Judgment on the Pleadings by Philip E. Berger, Destin C. Hall. (Attachments: # 1 Index of Exhibits to Intervenor-Defendants' Reply, # 2 Exhibit 1)(Moss, Nicole) (Entered: 05/27/2026)

REPLY to Response to Motion re 33 MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. (Barnes, James) (Entered: 05/27/2026)

Notice of Substitution of Counsel by Terence Steed on behalf of Arthur Campbell, Leslie Cooley Dismukes, Attorney Tiffany Hoyd terminated. (Steed, Terence) (Entered: 06/10/2026)

Set Deadline: Amended Pleadings due by 7/14/2026. (ps)

AMENDED ANSWER to 1 Complaint,, by Philip E. Berger, Destin C. Hall. (Moss, Nicole) (Entered: 07/14/2026)

Order on Motion for Judgment on the Pleadings

TEXT-ONLY ORDER finding as moot 32 Motion for Judgment on the Pleadings Text of Order: ORDER: In light of the filing of the Amended Answer, the Motion for Judgment on the Pleadings is ADMINISTRATIVELY DENIED AS MOOT WITHOUT PREJUDICE. See Fed. R. Civ. P. 15(a)(1)(B); Hall v. Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am., No. 3:10-CV-418-RJC-DSC, 2011 WL 4014315, at *1 (W.D.N.C. June 21, 2011)("It is well-settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot.")(citing Young v. City of Mount Ranier, 238 F.3d 567, 572-73 (4th Cir. 2001)). So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 7/15/2026. (kkb)