M.D.N.C. 1:16-cv-00425 Case History
United States of America v. State of North Carolina, et al.
No. 1:16-cv-00425, Docket
Court: Middle District North Carolina
Assigned to: Judge Thomas D. Schroeder
Referred to: Magistrate Judge Joi Elizabeth Peake
Voluntarily Dismissed/Case Closed April 14, 2017
Associated Cases:
Carcaño v. McCrory, No. 1:16-cv-00236, Docket
North Carolinians for Privacy v. DOJ, No. 1:16-cv-00845, Docket (voluntarily dismissed August 31, 2016)
Berger v. DOJ, No. 1:16-cv-00844, Docket (voluntarily dismissed July 28, 2016)
McCrory v. United States, No. 5:16-cv-00238, Docket (E.D.N.C.) (voluntarily dismissed September 16, 2016)
COMPLAINT and ANSWERS
- Complaint (05/19/2016)
- Answers and Counterclaims
- State of North Carolina Defendants (06/02/2016)
- Intervenor-Defendants Berger/Moore (06/30/2016)
- United States Answer to Intervenors’ Counterclaims (08/29/2016)
- For UNC Defendants’ response, see Motion to Dismiss
Case stayed pending Supreme Court disposition of Gloucester County School District v. G.G., except consideration of USA motion for Preliminary Injunction (per Text Order, 12/16/2016)
- Previous trial dates (all now suspended following stay):
- Notice setting trial for November 14, 2016
- Rescheduled to May, 2017
- Continued in to Summer 2017 “so that trial may be held after the Supreme Court has issued its decision in Gloucester County School Board v. G.G.“
PRELIMINARY INJUNCTION as to Section 1.3 of HB 2 (so-called “bathroom” provision) [Pending]
- United States Motion for injunction (07/05/2016); [Amended] Memo in support (07/06/2016)
- USA Notice of Change in Factual Circumstances and Supplemental Declaration (10/06/2016)
- Amicus Briefs in Support of Injunction
- 68 Companies (07/08/2016)
- Motion for leave to file included with brief (Granted 07/12/2016)
- States of New York, et al. (07/27/2016)
- Motion for leave to file included with brief (Granted 08/03/2016)
- 68 Companies (07/08/2016)
- United States Notice of Conditional Waiver of Reply (07/15/2016)
- Intervenors Berger/Moore response to US Notice – objecting to expanding Aug 1 hearing in Carcaño to include US motion (07/18/2016)
- Responses
- UNC Defendants (07/29/2016)
- State Defendants and Intervenors Berger/Moore (08/17/2016)
- Amicus Brief Opposing Injunction and in support of stay
- States of Texas, et al. (08/31/2016)
- Motion for leave to file included with brief (Granted 09/30/2016)
- States of Texas, et al. (08/31/2016)
- Amicus Brief Opposing Injunction and in support of stay
- Defendants’ Supplemental Authority in support of motion (08/22/2016)
- Notice of Injunction in Texas v. United States, No. 7:16-cv-00054 (N.D. Tex. May 25, 2016)
- United States Reply (09/16/2016)
- United States’ Suggestion of Subsequently Decided Authority (09/27/2016)
- Notice of Injunction in Highland School District v. Dept. of Ed., No. 2:16-cv-00524 (S.D. Ohio, Sept 26, 2016)
- United States’ Suggestion of Subsequently Decided Authority (10/12/2016)
- Order granting rehearing en banc and vacating panel opinion and judgment in Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. October 11, 2016)
- United States’ Suggestion of Subsequently Decided Authority (09/27/2016)
- United States participated in hearing held August 1, 2016 on Carcaño plaintiffs’ motion for preliminary injunction; See Carcaño case history for additional briefing following hearing; Transcript
- Telephonic scheduling conference before Magistrate Judge Peake Nov 14, 2016, following Supreme Court cert grant in GCSB v. G.G.: Minute Entry; TRANSCRIPT
- ORDER by Magistrate Judge Peake (11/15/2016)
- Discovery and pretrial motions in this case now pending are stayed EXCEPT United States’ motion for Preliminary Injunction, which is not included in stay
- Parties to file position statements addressing whether or how cert grant in G.G. should be considered as to this motion
- Parties’ Position Statements as to how cert grant in G.G. affects Motion for Preliminary Injunction (11/21/2016)
MOTIONS TO STAY PROCEEDINGS IN LIGHT OF SUPREME COURT ACTIONS IN Gloucester County School Board v. G.G.
All Defendants and North Carolina for Privacy (“NCFP”): Motion to stay following Aug 3, 2016 order staying 4th Circuit mandate [Granted, in part]
- Defendants’ and NCFP’s Motion (08/12/2016)
- In Support of Motion
- Defendants and Intervenors Berger/Moore’s Brief [and response to Aug 4 text order]
- UNC Defendants’ Brief [and in support of motion to stay pending ruling on UNC’s Motion to Dismiss]
- In Support of Motion
- United States Opposition (08/22/2016)
- Defendants and NCFP have agreed to forego a reply
- Supplemental Support for Motion to Stay
- Defendants’ and NCFP’s Supplemental Authority (08/22/2016)
- Preliminary Injunction in Texas v. United States, no. 7:16-cv-00054 (N.D. Tex. May 25, 2016)
- Amicus Brief of State of Texas, et al. in support (and opposition to Preliminary Injunction) (08/31/2016)
- Defendants’ and NCFP’s Supplemental Authority (08/22/2016)
- Defendants and Berger/Moore’s Response to Carcaño Plaintiffs’ Conditional Withdrawal of Their Opposition to the Motion to Stay Proceedings (09/01/2016)
- ALSO SEE Additional briefing for stay in Carcaño
- Hearing before Magistrate Judge Peake Sept 2, 2016: Minute Entry; TRANSCRIPT
- ORDER [Magistrate Judge Peake] Granted in part and Denied in part (09/06/2016)
- United States’ Motion for Preliminary Injunction separated from trial and will proceed per established schedule
- Trial moved from Nov 2016 to May 2017
- Discovery to proceed under ordinary schedule set out by local rules
- To the extent UNC Defendants request separate stay of discovery, request denied
All parties: following October 28, 2016 Supreme Court order granting cert [Stay Granted except as to USA motion for preliminary injunction]
- Parties Joint Request for conference to discuss stay pending Supreme Court decision in GCSB v. G.G. (11/10/2016)
- Request also sets out parties’ positions on whether to stay
- Telephonic scheduling conference before Magistrate Judge Peake held Nov 14, 2016: Minute Entry; TRANSCRIPT
- ORDER by Magistrate Judge Peake (11/15/2016)
- Trial continued for 90 days; all discovery deadlines extended for 90 days, then discovery stayed for 90 days.
- As result, all discovery and pretrial motions now pending are stayed EXCEPT United States’ motion for Preliminary Injunction not included in stay
- Due by Feb 13, 2107: Parties’status updates and position statements, including whether stay should be lifted or continued
- Parties Joint Motion for Stay of Proceedings pending Supreme Court deciding in GCSB v. GG. (11/21/2016)
- TEXT ORDER (12/16/2016)
- Case stayed pending Supreme Court disposition of G.G. EXCEPT consideration of USA motion for Preliminary Injunction
- Parties to inform court immediately upon resolution of G.G. or any other development that will affect pendency of case
MOTION TO DISMISS [Pending]
- UNC Defendants’ Motion and Memo to dismiss claims against them (07/18/2016)
- United States Opposition to Motion (08/11/2016)
- UNC Reply in support of Motion (08/17/2016)
- Stayed per Order (11/17/2016)
MOTIONS RELATING TO DISCOVERY [Motions stayed pending SCOTUS disposition in G.G.]
State Defendants and Intervenors Berger/Moore: Protective Order based on legislative privilege
- Defendants’ and Intervenors’ Joint Motion and Memo (09/23/2016)
- USA’s Opposition (10/07/2016)
- Defendants’ and Intervenors’ Reply (10/19/2016)
United States: To partially quash/modify Defendants’ subpoenas for records and for a protective order as to non-party transgender witnesses
- United States Motion and Memo (10/18/2016)
- Joining United States Motion:
- Non-party witnesses A.T., A.N. and Alaina Kupec (10/18/2016)
- Non-party witness Paige Dula (10/24/2016)
- Non-party witness D.B. (11/14/2016)
- State Defendants’ and Intervenors Berger/Moore’s Opposition to Motion (11/01/2016)
- United States Reply in support of motion (11/14/2016)
MOTIONS TO INTERVENE
Legislative Leaders Philip Berger and Tim Moore, as Defendants [Granted]
- Motion; Memo (06/28/2016)
- Responses (06/10/2016)
- United States (oppose as right; no position on permissive intervention)
- UNC Defendants (non-opposition)
- State Defendants (non-opposotion)
- Reply (06/17/2016)
- Proposed Intervenors’ Supplemental Brief in support of Motion (06/23/2016)
- MEMO ORDER – Granting Permissive Intervention (6/29/2016)
North Carolinians for Privacy (“NCFP”), as Defendant [Withdrawn]
- Motion; Memo (06/28/2016)
- United States’ Opposition to motion (07/18/2016)
- Reply (07/21/2016)
- Agreed withdrawal of motion (see Magistrate Order 7/25/2016)
Steven-Glenn: Johnson, as Plaintiff [Denied]
- Motion (06/06/2016)
- Responses (all in opposition)
- UNC Defendants (06/29/2016)
- State Defendants (06/29/2016)
- United States (06/30/2016)
- Reply (07/20/2016)
- ORDER – denying intervention (07/25/2016)
- Johnson’s Motion to extend deadline to file for reconsideration (08/24/2016)
- ORDER denying motion (08/26/2016)
- Notice of Appeal (09/26/2016); Case docketed 4th Circ. 16-2120
- Appeal Dismissed (12/20/2016); Mandate (12/21/2016)
Chris Sevier and Elizabeth Ording, as Plaintiffs [Denied]
- Chris Sevier [filed as motion entitled “Notice of Filing Additional Exhibits in Support of the Motion to Intervene”] (08/03/2016)
- Motion to Correct Docket (08/11/2016)
- Chris Sevier and Elizabeth Ording Motion to Intervene (08/11/2016)
- In Support of Motion
- Oppositions:
- United States (08/29/2016)
- Reply due September 15, 2016
- UNC Defendants (09/06/2016)
- Reply due September 23, 2016
- United States (08/29/2016)
- ORDER – denying intervention (12/16/2016)
PARTIES’ JOINT MOTION TO ENJOIN AUTOMATIC SUSPENSION OF FUNDS Received Under the Violence Against Women Act (“VAWA”) [Granted]
- Parties’ Joint Motion; Brief in Support (06/10/2016)
- Telephone Conference held June 16, 2016 (Judge Schroeder); Minute Entry; Transcript
- Supplemental Briefs in support of Motion (06/20/2016)
- Telephone Conference held June 22, 2016 (Judge Schroeder); Minute Entry; Transcript
- Telephone Conference held June 23, 2016 (Judge Schroeder); Minute Entry; Transcript
- Defendants’ Motions for Preliminary Relief Enjoining Suspension of VAWA Funds (06/23/2016)
- State Defendants; Withdrawn as moot June 24
- UNC Defendants; Withdrawn as moot June 24
- MEMO ORDER – Granting Motion (06/23/2016)
CASE MANAGEMENT PROCEEDINGS
- June 16, 2016: Telephone Conference held before Judge Schroeder; Minute Entry; Transcript
- July 1, 2016: Telephone Conference held before Judge Schroeder; Minute Entry
- July 13, 2016: Telephone Conference held before Judge Schroeder; Minute Entry; Transcript
- ORDER (07/14/2016) addressing ongoing procedure in all four Middle District HB 2 cases:
- Hearing set for Aug 1, 2016 on two motions in Carcano, 1:16CV236, (1) Carcaño Plaintiffs motion for preliminary injunction; (2) UNC Defendants’ motion to stay proceedings; United States will be permitted to participate in argument.
- Court advances trial on the merits in United States’ action to be consolidated with the hearing on the United States’ motion for preliminary injunction
- Trial on all four HB 2 cases will be set for October or early November
- Magistrate Judge to set discovery schedule
- Parties to file short joint notice identifying agreements/explaining respective positions
- Parties’ Joint Notice per order (07/22/2016)]
- ORDER (07/14/2016) addressing ongoing procedure in all four Middle District HB 2 cases:
- ORDER – Magistrate Judge Peake (07/15/2016)
- Initial Pretrial Conference set for July 22
- Rule 26(f) Report(s) due July 20
- Parties’ Joint Rule 26(f) Report (07/20/2016)
- July 22, 2016: Initial Pretrial Hearing before Magistrate Peake; Minute Entry; Transcript
- Magistrate ORDER Adopting Joint Report (07/25/2016)
- Telephonic conferences set for Aug 19, Sept 2, Sept 16, and Sept 30at at 10:00 am with joint status report to be filed each prior Wednesday
- Parties’ Joint Status Report ahead of scheduled Aug 19 conference (8/17/2016)
- Text Order (8/18/2016)
- August 19 conference cancelled
- Parties to file Joint Status Report by 8/24/16 for possible Aug 26 conference
- Text Order (8/18/2016)
- Parties’ Joint Status Report ahead of possible Aug 26 conference (8/24/2016)
- Text Order (8/25/2016)
- No conference on August 26
- September 2 conference changed from telephone to in person at 10 am
- Text Order (8/25/2016)
- Magistrate ORDER Adopting Joint Report (07/25/2016)
- August 1, 2016: Hearing in Carcaño in which United States participated; TRANSCRIPT
- Parties ordered to submit briefs on question of whether inclusion of the University of North Carolina and its Board of Governors (“UNC defendants”) is redundant with respect to the Title IX claims in these cases.
- Brief of State Defendants and Intervenors Berger/Moore (08/05/2016)
- See proceedings in Carcaño, 1:16-cv-00236, on plaintiffs’ motion for preliminary injunction for additional briefs.
- Parties ordered to submit briefs on question of whether inclusion of the University of North Carolina and its Board of Governors (“UNC defendants”) is redundant with respect to the Title IX claims in these cases.
- August 4, 2016: Telephone Conference to address Supreme Court action in G.G. v. Gloucester School Board; Minute Entry;
- Per Text Order (08/04/2016), parties to address the following [as to motion for preliminary injunction in Carcaño]:
- (1) whether, and if so how, the Supreme Court’s stay of the mandate in G.G. v. Gloucester County School Board affects this court, including as to the rules of law this court must apply;
- (2) this court’s authority to grant preliminary injunctive relief, on a facial basis or otherwise, beyond the scope of the individually named Plaintiffs (both under Title IX and as a constitutional matter).
- United States Notice of brief filed in Carcaño (08/08/2016)
- Defendants and Intervenors Berger/Moore’s Brief [and in support of stay in light of G.G.]
- See proceedings in Carcaño, 1:16-cv-00236, on plaintiffs’ motion for preliminary injunction for additional briefs.
- Per Text Order (08/04/2016), parties to address the following [as to motion for preliminary injunction in Carcaño]:
- September 2, 2016: Hearing before Magistrate Judge Peake (in person): Minute Entry; Transcript
- Parties Joint Notice of issues for status conference (08/31/2016)
- Order (09/06/2016)
- Defendants’ Motion to Stay granted in part and denied in part
- September 16 conference will be in person; deadlines set for notices/reports
- September 16, 2016: Supplemental Pretrial Conference and Status Conference before Magistrate Judge Peake (by phone); Minute Entry; Release of transcript online set for 1/9/2017
- Joint Rule 26(f) Report proposing new discover schedule for May trial (09/12/2016)
- Joint Motion Confidentiality Agreement/Protective Order (09/12/2016)
- Parties Joint Notice of issues for status conference (09/13/2016)
- ORDER (09/20/2016)
- Expert depositions to be complete by Feb 1, 2016
- Court adopts briefing schedule set out in Joint Report with some modifications
- Status conference set for September 30, with joint notice due by September 28
- Hearing set for October 28 to address pending discovery issues
- Carcaño plaintiffs’ motion to file 2nd amended complaint in 1:16-cv-00236 granted
- September 30 (by phone): Status Conference held before Magistrate Judge Peake; Minute Entry: Parties are to file a joint written proposal regarding deposition limits by the end of today; release of transcript online set for 1/17/2017
- Parties Joint Notice (09/28/2016)
- Joint Notice of Proposal Regarding Deposition Limits (09/30/2016)
- ORDER (10/11/2016)
- Adopts parties’ proposal regarding deposition limits
- Sets/resets briefing schedule on issues related to discoverability of witnesses’ medical records
- Hearing set for
October 28, 2016November 18, 2016 (rescheduled)CONTINUED per Text Order (see Nov 14 status conference) to address pending discovery issues, including legislative privilege and Plaintiffs’ or other witnesses’ medical records (for deadlines, see Orders from Sept 20 and Oct 11)- For parties’ disputed motions for protective orders, see section on “Motions Related to Discovery” above
- Joint Stipulated Confidentiality Agreement and Protective Order, signed by Judge Peake (09/20/2016)
- Supplemental Protective Order (09/21/2016)
- Parties’ E-Discovery Stipulation (09/21/2016)
- November 14, 2016 (by phone): Status conference held before Magistrate Judge Peake, per parties’ joint request, following Supreme Court cert grant in GCSB v. G.G.; Minute Entry; TRANSCRIPT
- ORDER by Magistrate Judge Peake (11/15/2016)
Current through Docket #228+1, [12/30/2016]