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)




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)


PRELIMINARY INJUNCTION as to Section 1.3 of HB 2 (so-called “bathroom” provision) [Pending]
  • 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 EntryTRANSCRIPT
  • 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


All Defendants and North Carolina for Privacy (“NCFP”): Motion to stay following Aug 3, 2016 order staying 4th Circuit mandate [Granted, in part]
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 EntryTRANSCRIPT
  • 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




MOTIONS RELATING TO DISCOVERY [Motions stayed pending SCOTUS disposition in G.G.]
State Defendants and Intervenors Berger/Moore: Protective Order based on legislative privilege
United States: To partially quash/modify Defendants’ subpoenas for records and for a protective order as to non-party transgender witnesses


Legislative Leaders Philip Berger and Tim Moore, as Defendants [Granted]
North Carolinians for Privacy (“NCFP”), as Defendant [Withdrawn]
Steven-Glenn: Johnson, as Plaintiff [Denied]
Chris Sevier and Elizabeth Ording, as Plaintiffs [Denied]


PARTIES’ JOINT MOTION TO ENJOIN AUTOMATIC SUSPENSION OF FUNDS Received Under the Violence Against Women Act (“VAWA”) [Granted]


  • 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
  • ORDER – Magistrate Judge Peake (07/15/2016)
  • July 22, 2016: Initial Pretrial Hearing before Magistrate Peake; Minute EntryTranscript
    • 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
    • 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
  • 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.
  • 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).
  • September 16, 2016: Supplemental Pretrial Conference and Status Conference before Magistrate Judge Peake (by phone); Minute EntryRelease of transcript online set for 1/9/2017
  • 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



Current through Docket #228+1, [12/30/2016]