M.D.N.C. 1:16-cv-00425 Docket
United States of America v. State of North Carolina, et al.
No. 1:16-cv-00425, Case History
Court: Middle District North Carolina
Assigned to: Judge Thomas D. Schroeder
Referred to: Magistrate Judge Joi Elizabeth Peake
Date Terminated: 04/14/2017 (Voluntary Dismissal)
| Date Filed | # | Docket Text |
| 05/09/2016 | 1 | COMPLAINT against PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (Related Case # 1:16-cv-236), filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(PHOENIX, CANDYCE) (Entered: 05/09/2016) |
| 05/10/2016 | 2 | COMPLAINT against All Defendants (Related Case # 1:16-cv-236), filed by UNITED STATES OF AMERICA.(PHOENIX, CANDYCE) (Entered: 05/10/2016) |
| 05/10/2016 | 3 | Summons Issued as to PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 UNC, # 2 NC, # 3 DPS, # 4 BOG)(Coyne, Michelle) (Entered: 05/10/2016) |
| 05/10/2016 | 4 | Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 05/10/2016) |
| 05/11/2016 | 5 | NOTICE of Appearance by attorney SEAN R. KEVENEY on behalf of Plaintiff UNITED STATES OF AMERICA Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(KEVENEY, SEAN) (Entered: 05/11/2016) |
| 05/13/2016 | 6 | (FILED IN ERROR) NOTICE of Appearance by attorney JON W. DAVIDSON on behalf of Plaintiffs AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, JOAQUIN CARCANO, ANGELA GILMORE, H.S., PAYTON GREY MCGARRY, BEVERLY NEWELL, KELLY TRENT Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(DAVIDSON, JON) Modified on 7/28/2016 to Reflect “Filed in Error” and Attorney Davidson removed from docket. (Powell, Gloria). (Entered: 05/13/2016) |
| 05/13/2016 | 7 | SUMMONS Returned Executed by UNITED STATES OF AMERICA as to All Defendants. (PHOENIX, CANDYCE) (Entered: 05/13/2016) |
| 05/17/2016 | 8 | MOTION to Intervene by Phil Berger, Tim Moore. Responses due by 6/10/2016 (Attachments: # 1 Exhibit Proposed Answer, # 2 Text of Proposed Order Proposed Order)(DUNCAN, STUART) (Entered: 05/17/2016) |
| 05/17/2016 | 9 | MEMORANDUM filed by Intervenor Defendants Phil Berger, Tim Moore re 8 MOTION to Intervene filed by Phil Berger, Tim Moore. (Attachments: # 1 Exhibit Exhibit A)(DUNCAN, STUART) (Entered: 05/17/2016) |
| 05/17/2016 | 10 | NOTICE of Appearance by attorney ROBERT D. POTTER, JR on behalf of Intervenor Defendants Phil Berger, Tim Moore (POTTER, ROBERT) (Entered: 05/17/2016) |
| 05/17/2016 | 11 | NOTICE of Appearance by attorney STUART K. DUNCAN on behalf of Intervenor Defendants Phil Berger, Tim Moore (DUNCAN, STUART) (Entered: 05/17/2016) |
| 05/25/2016 | 12 | NOTICE of Appearance by attorney CAROLYN C. PRATT on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (PRATT, CAROLYN) (Entered: 05/25/2016) |
| 05/25/2016 | 13 | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant UNIVERSITY OF NORTH CAROLINA (PRATT, CAROLYN) (Entered: 05/25/2016) |
| 05/25/2016 | 14 | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (PRATT, CAROLYN) (Entered: 05/25/2016) |
| 05/25/2016 | 15 | First MOTION for Extension of Time to File Answer by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 Text of Proposed Order Proposed Order)(PRATT, CAROLYN) (Entered: 05/25/2016) |
| 05/25/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 15 First MOTION for Extension of Time to File Answer. (Engle, Anita) (Entered: 05/25/2016) | |
| 05/26/2016 | 16 | RETURN OF SERVICE by US Marshal’s Office as to Governor Pat McCrory re: Summons/Complaint/Notice of Right to Consent served on 5/12/2016. Answer due by 6/2/2016. Modified on 5/26/2016 to reflect which defendant was served. (Daniel, J) (Entered: 05/26/2016) |
| 05/26/2016 | 17 | RETURN OF SERVICE by US Marshal’s Office as to University of North Carolina (c/o Thomas C. Shanahan, Senior Vice President and General Counsel) re: Summons/Complaint/Notice of Right to Consent served on 5/12/2016. Answer due by 6/2/2016. (Daniel, J) (Entered: 05/26/2016) |
| 05/26/2016 | 18 | RETURN OF SERVICE by US Marshal’s Office as to State of North Carolina (c/o Roy Cooper) re: Summons/Complaint/Notice of Right to Consent served on 5/12/2016. Answer due by 6/2/2016. (Daniel, J) (Entered: 05/26/2016) |
| 05/26/2016 | 19 | RETURN OF SERVICE by US Marshal’s Office as to Department of Public Safety (c/o Deborah L. McSwain, General Counsel) re: Summons/Complaint/Notice of Right to Consent on 5/12/2016. Answer due by 6/2/2016. (Daniel, J) (Entered: 05/26/2016) |
| 05/26/2016 | 20 | RETURN OF SERVICE by US Marshal’s Office as to Board of Governors of the University of North Carolina (c/o Thomas C. Shanahan) re: Summons/Complaint/Notice of Right to Consent served on 5/12/2016. Answer due by 6/2/2016. (Daniel, J) (Entered: 05/26/2016) |
| 05/27/2016 | 21 | NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendant STATE OF NORTH CAROLINA (VYSOTSKAYA DE BRITO, OLGA) (Entered: 05/27/2016) |
| 05/27/2016 | 22 | Consent MOTION for Extension of Time To File Motion To Answer or Otherwise Respond 2 Complaint, until 07/18/2016, Consent MOTION for Extension of Time to File Answer re 2 Complaint, 1 Complaint, () by STATE OF NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order Prop Order Extending Time)(VYSOTSKAYA DE BRITO, OLGA) (Entered: 05/27/2016) |
| 05/27/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 22 Consent MOTION for Extension of Time to File Answer re 2 Complaint, 1 Complaint. (Engle, Anita) (Entered: 05/27/2016) | |
| 05/27/2016 | 23 | NOTICE of Appearance by attorney NOEL J. FRANCISCO on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (FRANCISCO, NOEL) (Entered: 05/27/2016) |
| 05/27/2016 | 24 | NOTICE of Appearance by attorney JAMES M. BURNHAM on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (BURNHAM, JAMES) (Entered: 05/27/2016) |
| 05/31/2016 | 25 | NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendant STATE OF NORTH CAROLINA (MAJMUNDAR, AMAR) (Entered: 05/31/2016) |
| 05/31/2016 | 26 | NOTICE of Appearance by attorney GLEN D. NAGER on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (NAGER, GLEN) (Entered: 05/31/2016) |
| 06/02/2016 | 27 | NOTICE of Appearance by attorney WILLIAM WOODLEY STEWART, JR on behalf of Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (STEWART, WILLIAM) (Entered: 06/02/2016) |
| 06/02/2016 | 28 | NOTICE of Appearance by attorney BRENNAN TYLER BROOKS on behalf of Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (BROOKS, BRENNAN) (Entered: 06/02/2016) |
| 06/02/2016 | 29 | NOTICE of Appearance by attorney FRANK J. GORDON on behalf of Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (GORDON, FRANK) (Entered: 06/02/2016) |
| 06/02/2016 | 30 | NOTICE of Appearance by attorney KARL S. BOWERS, JR on behalf of Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (BOWERS, KARL) (Entered: 06/02/2016) |
| 06/02/2016 | 31 | NOTICE of Appearance by attorney ROBERT C. STEPHENS on behalf of Defendants PATRICK MCCRORY, STATE OF NORTH CAROLINA (STEPHENS, ROBERT) (Entered: 06/02/2016) |
| 06/02/2016 | 32 | ANSWER to 2 Complaint, 1 Complaint, , ANSWER to 2 Complaint, 1 Complaint, , Counterclaim against by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (STEWART, WILLIAM) (Entered: 06/02/2016) |
| 06/02/2016 | 33 | NOTICE of Appearance by attorney TARYN WILGUS NULL on behalf of Counter Defendant UNITED STATES OF AMERICA, Plaintiff UNITED STATES OF AMERICA (WILGUS NULL, TARYN) (Entered: 06/02/2016) |
| 06/02/2016 | TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 06/2/16, granting 15 Consent Motion for Extension of Time to Answer and granting 22 Consent Motion for Extension of Time to Answer. Answer due by 7/18/2016. (Garrett, Kim) (Entered: 06/02/2016) | |
| 06/06/2016 | 34 | Verified MOTION by STEVEN-GLENN: JOHNSON to Intervene of Proposed Plaintiff Intervener (“Movant”) Steven-Glenn: Johnson in his capacity as a North Carolinian, one of the people in his capacity as appointed TRUSTEE of the RESULTING TRUST DECLARATION AND AGREEMENT, the State of North Carolina Beneficiary. Responses due by 6/30/2016. (Attachments: # 1 Proposed Complaint)(Daniel, J) (Entered: 06/06/2016) |
| 06/09/2016 | 35 | ***FILED IN ERROR*** JOINT MOTION to Enjoin Automatic Suspension of Funds by UNITED STATES OF AMERICA. (Attachments: # 1 Brief in Support)(KEVENEY, SEAN) Modified on 6/10/2016 to reflect filed in error. (Daniel, J) (Entered: 06/09/2016) |
| 06/10/2016 | 36 | RESPONSE filed by Plaintiff UNITED STATES OF AMERICA re 8 MOTION to Intervene filed by Phil Berger, Tim Moore filed by UNITED STATES OF AMERICA. Replies due by 6/27/2016. (KEVENEY, SEAN) (Entered: 06/10/2016) |
| 06/10/2016 | NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re: 35 JOINT MOTION to Enjoin Automatic Suspension of Funds. The brief was filed as an attachment to the motion; no certificate of service attached to the motion or brief; and the brief is not signed. Refile the Motion and Brief as separate documents which includes a signature and certificate of service. (Daniel, J) (Entered: 06/10/2016) | |
| 06/10/2016 | 37 | JOINT MOTION to Enjoin Automatic Suspension of Funds by UNITED STATES OF AMERICA. (KEVENEY, SEAN) (Entered: 06/10/2016) |
| 06/10/2016 | 38 | BRIEF re 37 JOINT MOTION to Enjoin Automatic Suspension of Funds . (KEVENEY, SEAN) (Entered: 06/10/2016) |
| 06/10/2016 | 39 | RESPONSE filed by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS re 8 MOTION to Intervene filed by Phil Berger, Tim Moore filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Replies due by 6/27/2016. (FRANCISCO, NOEL) (Entered: 06/10/2016) |
| 06/10/2016 | 40 | CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 36 Response to Motion (KEVENEY, SEAN) (Entered: 06/10/2016) |
| 06/10/2016 | 41 | RESPONSE filed by Counter Claimants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA re 8 MOTION to Intervene filed by Phil Berger, Tim Moore filed by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. Replies due by 6/27/2016. (STEWART, WILLIAM) (Entered: 06/10/2016) |
| 06/14/2016 | 42 | NOTICE of Appearance by attorney GENE C. SCHAERR on behalf of Intervenor Defendants Phil Berger, Tim Moore (SCHAERR, GENE) (Entered: 06/14/2016) |
| 06/15/2016 | 43 | NOTICE of Appearance by attorney ROBERT N. DRISCOLL on behalf of Counter Claimants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (DRISCOLL, ROBERT) (Entered: 06/15/2016) |
| 06/15/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 37 JOINT MOTION to Enjoin Automatic Suspension of Funds. (Engle, Anita) (Entered: 06/15/2016) | |
| 06/15/2016 | Telephone Conference set for 6/16/2016 at 04:30 PM before JUDGE THOMAS D. SCHROEDER. (Engle, Anita) (Entered: 06/15/2016) | |
| 06/16/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 6/16/2016 on 37 United States Joint Motion to Enjoin Automatic Suspension of Funds. Attorneys Corey Stoughton, Ripley Rand, Lori Kisch, Torey Cummings, Taryn Null and Dwayne Bensing present for the United States. Attorneys Noel Francisco, Carolyn Pratt and James Burnham present for UNC Defendants. Attorneys Butch Bowers, Robert Stephens, Lindsey Wakely and Jonathan Harris present for Defendants State of North Carolina and Governor McCrory and Attorney Kyle Duncan, Gene Schaerr and Robert Potter present for Proposed Intervenors Berger and Moore. Any additional briefing by Parties is due by close of business 6/20/2016. (Court Reporter Briana Nesbit.) (Engle, Anita) Modified on 6/22/2016 to reflect Intervenors are Proposed (Engle, Anita). (Entered: 06/16/2016) | |
| 06/17/2016 | 44 | REPLY, filed by Intervenor Defendants Phil Berger, Tim Moore, to Response to 8 MOTION to Intervene filed by Phil Berger, Tim Moore. (DUNCAN, STUART) (Entered: 06/17/2016) |
| 06/17/2016 | 45 |
Transcript of telephone conference/motion hearing held on 6/16/2016, before Judge Thomas D. Schroeder. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(Nesbit, Briana) (Entered: 06/17/2016) |
| 06/19/2016 | Motions Submitted to JUDGE THOMAS D. SCHROEDER: 8 MOTION to Intervene. (Engle, Anita) (Entered: 06/19/2016) | |
| 06/20/2016 | 46 | SUPPLEMENTAL BRIEF re 37 JOINT MOTION to Enjoin Automatic Suspension of Funds by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 Declaration of Margaret Spellings, # 2 Exhibit 1 to Spellings Declaration – Code Section 501, # 3 Exhibit 2 to Spellings Declaration – Code Section 103, # 4Exhibit 3 to Spellings Declaration – Public Facilities Privacy & Security Act, # 5 Exhibit 4 to Spellings Declaration – Guidance Memorandum, # 6 Exhibit 5 to Spellings Declaration – Policy Manual, # 7Declaration of Noel Francisco, # 8 Exhibit A to Francisco Declaration – Spellings April 11 Statement, # 9Exhibit B to Francisco Declaration – Shanahan April 13 Letter, # 10 Exhibit C to Francisco Declaration – Spellings May 9 Letter, # 11 Declaration of Sarah Smith)(FRANCISCO, NOEL) (Entered: 06/20/2016) |
| 06/20/2016 | 47 | RESPONSE in Support re 37 JOINT MOTION to Enjoin Automatic Suspension of Funds filed by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. Replies due by 7/8/2016. (Attachments: # 1 Exhibit Perry Declaration)(STEWART, WILLIAM) (Entered: 06/20/2016) |
| 06/20/2016 | 48 | Supplemental Memorandum re 37 JOINT MOTION to Enjoin Automatic Suspension of Funds by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Declaration of Nadine Neufville, # 2 Exhibit Certificate of Service)(STOUGHTON, COREY) (Entered: 06/20/2016) |
| 06/22/2016 | Telephone Conference set for 6/22/2016 at 04:00 PM before JUDGE THOMAS D. SCHROEDER on 37 United States Joint Motion to Enjoin Automatic Suspension of Funds. (Engle, Anita) (Entered: 06/22/2016) | |
| 06/22/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 6/22/2016 on 37 United States Joint Motion to Enjoin Automatic Suspension of Funds. Attorney Stoughton present for the United States, Attorney Francisco present for UNC Defendants, Attorney Bowers present for Defendants State of North Carolina and Governor McCrory, Attorney Duncan present for Proposed Intervenors Berger and Moore and Proposed Intervenor Steven-Glenn: Johnson appeared Pro se. (Court Reporter Briana Nesbit.) (Engle, Anita) (Entered: 06/22/2016) | |
| 06/22/2016 | Telephone Conference set for 6/23/2016 at 03:00 PM before JUDGE THOMAS D. SCHROEDER on 37United States Joint Motion to Enjoin Automatic Suspension of Funds. (Engle, Anita) (Entered: 06/22/2016) | |
| 06/23/2016 | 49 | Transcript of telephone conference/motion hearing held on 6/22/2016, before Judge Thomas D. Schroeder. Court Reporter Briana L. Nesbit, Telephone number (336) 734-2514. 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. <P>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.</P> Redaction Request due 7/18/2016. Redacted Transcript Deadline set for 7/28/2016. Release of Transcript Restriction set for 9/26/2016. (Nesbit, Briana) (Entered: 06/23/2016) |
| 06/23/2016 | 50 | SUPPLEMENTAL BRIEF re 8 MOTION to Intervene in response to June 22, 2016 telephone conference by Intervenor Defendants Phil Berger, TIM MOORE filed by Phil Berger, TIM MOORE. (Attachments: # 1 Supplement Order denying motion to transfer)(SCHAERR, GENE) (Entered: 06/23/2016) |
| 06/23/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 6/23/2016 on 37 United States Joint Motion to Enjoin Automatic Suspension of Funds. Attorney Stoughton present for the United States, Attorney Francisco present for UNC Defendants, Attorneys Bowers and Stephens present for Defendants State of North Carolina and Governor McCrory, Attorney Schaerr present for Proposed Intervenors Berger and Moore and Proposed Intervenor Steven-Glenn: Johnson present Pro se. (Court Reporter Briana Nesbit.) (Engle, Anita) (Entered: 06/23/2016) | |
| 06/23/2016 | 51 | MOTION for Preliminary Injunction Regarding Suspension of Funds by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Responses due by 7/18/2016 (FRANCISCO, NOEL) (Entered: 06/23/2016) |
| 06/23/2016 | 52 | MOTION for Preliminary Injunction ( Responses due by 7/18/2016), MOTION to Stay ( Responses due by 7/18/2016), MOTION to Expedite () by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (STEWART, WILLIAM) (Entered: 06/23/2016) |
| 06/23/2016 | 53 | MEMORANDUM ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/23/2016. For the reasons stated herein, 37 Joint Motion to enjoin automatic suspension of funds is GRANTED. The United States is hereby enjoined from enforcing the automatic suspension of VAWA funding to Defendants as stated herein. This preliminary injunction shall remain in effect until the court rules on the merits of this claim, or until further order of the court. (Engle, Anita) (Entered: 06/23/2016) |
| 06/24/2016 | 54 |
Transcript of Telephone Status Conference held on 6/23/2016, before Judge Thomas D. Schroeder. Court Reporter Briana L. Nesbit, Telephone number (336) 734-2514. 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 7/18/2016. Redacted Transcript Deadline set for 7/28/2016. Release of Transcript Restriction set for 9/26/2016. (Nesbit, Briana) (Entered: 06/24/2016) |
| 06/24/2016 | 55 | WITHDRAWAL of Motion by Counter Claimants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA re 52 MOTION for Preliminary Injunction MOTION to Stay MOTION to Expedite filed by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA (STEWART, WILLIAM) (Entered: 06/24/2016) |
| 06/24/2016 | 56 | WITHDRAWAL of Motion by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS re 51 MOTION for Preliminary Injunction Regarding Suspension of Funds filed by UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, UNIVERSITY OF NORTH CAROLINA (FRANCISCO, NOEL) (Entered: 06/24/2016) |
| 06/28/2016 | 57 | NOTICE of Appearance by attorney JAMES A. CAMPBELL on behalf of Intervenor Defendant North Carolinians for Privacy (CAMPBELL, JAMES) (Entered: 06/28/2016) |
| 06/28/2016 | 58 | MOTION to Intervene by North Carolinians for Privacy. Responses due by 7/22/2016 (Attachments: # 1 Exhibit Proposed Answer, # 2 Text of Proposed Order)(CAMPBELL, JAMES) (Entered: 06/28/2016) |
| 06/28/2016 | 59 | BRIEF re 58 MOTION to Intervene . (CAMPBELL, JAMES) (Entered: 06/28/2016) |
| 06/28/2016 | 60 | NOTICE of Appearance by attorney JONATHAN CALEB DALTON on behalf of Intervenor Defendant North Carolinians for Privacy (DALTON, JONATHAN) (Entered: 06/28/2016) |
| 06/28/2016 | 61 | NOTICE of Appearance by attorney JEREMY D. TEDESCO on behalf of Intervenor Defendant North Carolinians for Privacy (TEDESCO, JEREMY) (Entered: 06/28/2016) |
| 06/28/2016 | 62 | NOTICE of Appearance by attorney DAVID A. CORTMAN on behalf of Intervenor Defendant North Carolinians for Privacy (CORTMAN, DAVID) (Entered: 06/28/2016) |
| 06/29/2016 | 63 | RESPONSE in Opposition re 34 MOTION to Intervene filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Replies due by 7/18/2016. (FRANCISCO, NOEL) (Entered: 06/29/2016) |
| 06/29/2016 | 64 | MEMORANDUM ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/29/2016. For the reasons stated herein, proposed intervenors motion to intervene (Doc. 8 ) is GRANTED. The proposed intervenors shall file their responsive pleading to the complaint forthwith and will be subject to the same schedule as the current parties to the case. (Engle, Anita) (Entered: 06/29/2016) |
| 06/29/2016 | 65 | RESPONSE in Opposition re 34 MOTION to Intervene filed by PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. Replies due by 7/18/2016. (STEWART, WILLIAM) (Entered: 06/29/2016) |
| 06/30/2016 | 66 | Intervenor-Defendants’ ANSWER to 2 Complaint, 1 Complaint, with Jury Demand, Counterclaim by PHIL BERGER, TIM MOORE. (DUNCAN, STUART) Modified on 7/1/2016 to remove duplicate text. (Sheets, Jamie) (Entered: 06/30/2016) |
| 06/30/2016 | 67 | RESPONSE in Opposition re 34 MOTION to Intervene filed by UNITED STATES OF AMERICA. Replies due by 7/18/2016. (RAND, RIPLEY) (Entered: 06/30/2016) |
| 06/30/2016 | Telephone Conference set for 7/1/2016 at 11:00 AM before JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 06/30/2016) | |
| 07/01/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 7/1/2016. Attorneys Christopher Brook and Jon Davidson present for Plaintiff Carcano, et al. and Attorney Corey Stoughton present for the United States. Attorney Noel Francisco present for UNC Defendants, Attorney Butch Bowers present for Defendants State of North Carolina, Governor McCrory and North Carolina Dept. of Public Safety, Attorney Kyle Duncan present for Legislative Intervenors Berger and Moore, Attorney Cynthia Robertson present for Proposed Amici School Administrators, Attorney James Campbell present for Proposed Intervenor North Carolinians for Privacy and Proposed Pro se Intervenor Steven-Glenn: Johnson present. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 07/01/2016) | |
| 07/01/2016 | 68 | NOTICE of Appearance by attorney DEBORAH J. DEWART on behalf of Intervenor Defendant NORTH CAROLINIANS FOR PRIVACY (DEWART, DEBORAH) (Entered: 07/01/2016) |
| 07/05/2016 | 69 | NOTICE of Appearance by attorney JOHN MATTHEW SHARP on behalf of Intervenor Defendant NORTH CAROLINIANS FOR PRIVACY (SHARP, JOHN) (Entered: 07/05/2016) |
| 07/05/2016 | 70 | MOTION to Exceed Page Limit by UNITED STATES OF AMERICA. Responses due by 7/29/2016 (Attachments: # 1 Text of Proposed Order)(CUMMINGS, TOREY) (Entered: 07/05/2016) |
| 07/05/2016 | 71 | MOTION for Leave to File Witness Declarations Using Initials by UNITED STATES OF AMERICA. Responses due by 7/29/2016 (CUMMINGS, TOREY) (Entered: 07/05/2016) |
| 07/05/2016 | 72 | Memorandum in Support Witness Declarations Using Initials by UNITED STATES OF AMERICA. Responses due by 7/29/2016 (CUMMINGS, TOREY) Modified on 7/6/2016 to correct event type (Contreras, Jamie). (Entered: 07/05/2016) |
| 07/05/2016 | 73 | MOTION for Preliminary Injunction by UNITED STATES OF AMERICA. Responses due by 7/29/2016 (CUMMINGS, TOREY) (Entered: 07/05/2016) |
| 07/05/2016 | 74 | MEMORANDUM Memorandum in Support by UNITED STATES OF AMERICA. (Attachments: # 1Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit)(CUMMINGS, TOREY) Modified on 7/6/2016 to correct event to a memorandum (Taylor, Abby). (Entered: 07/05/2016) |
| 07/06/2016 | 75 | NOTICE of Appearance by attorney JOSEPH E. LARUE on behalf of Intervenor Defendant NORTH CAROLINIANS FOR PRIVACY (LARUE, JOSEPH) (Entered: 07/06/2016) |
| 07/06/2016 | 76 | MEMORANDUM re 73 MOTION for Preliminary Injunction (Amended) by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit)(CUMMINGS, TOREY) (Entered: 07/06/2016) |
| 07/06/2016 | 77 | CERTIFICATE re 76 Memorandum,,, (Amended) by Plaintiff UNITED STATES OF AMERICA. (CUMMINGS, TOREY) (Entered: 07/06/2016) |
| 07/07/2016 | 78 | MOTION to Expedite the Responses to its Motion to Intervene by NORTH CAROLINIANS FOR PRIVACY. (Attachments: # 1 Text of Proposed Order)(CAMPBELL, JAMES) (Entered: 07/07/2016) |
| 07/08/2016 | 79 | NOTICE of Appearance by attorney STEPHEN LUKE LARGESS on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (LARGESS, STEPHEN) (Entered: 07/08/2016) |
| 07/08/2016 | 80 | NOTICE of Appearance by attorney MARK JAMES KLEINSCHMIDT on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (KLEINSCHMIDT, MARK) (Entered: 07/08/2016) |
| 07/08/2016 | 81 | NOTICE of Appearance by attorney THEODORE B. OLSON on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (OLSON, THEODORE) (Entered: 07/08/2016) |
| 07/08/2016 | 82 | NOTICE of Appearance by attorney THEODORE J. BOUTROUS, JR on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (BOUTROUS, THEODORE) (Entered: 07/08/2016) |
| 07/08/2016 | 83 | NOTICE of Appearance by attorney MATTHEW D. MCGILL on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (MCGILL, MATTHEW) (Entered: 07/08/2016) |
| 07/08/2016 | 84 | NOTICE of Appearance by attorney ASHLEY S. BOIZELLE on behalf of Amicus PROPOSED AMICI CURIAE 68 COMPANIES (BOIZELLE, ASHLEY) (Entered: 07/08/2016) |
| 07/08/2016 | 85 | MOTION for Leave to File an Amicus Curiae Brief in Support of Plaintiff by PROPOSED AMICI CURIAE 68 COMPANIES. (Attachments: # 1 Proposed Amicus Curiae Brief by 68 Companies in Support of Plaintiff, # 2 Text of Proposed Order)(LARGESS, STEPHEN) (Entered: 07/08/2016) |
| 07/08/2016 | 86 | CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Amicus PROPOSED AMICI CURIAE 68 COMPANIES (LARGESS, STEPHEN) (Entered: 07/08/2016) |
| 07/08/2016 | 87 | RESPONSE in Opposition re 78 MOTION to Expedite the Responses to its Motion to Intervenefiled by UNITED STATES OF AMERICA. Replies due by 7/25/2016. (KEVENEY, SEAN) (Entered: 07/08/2016) |
| 07/10/2016 | 88 | REPLY, filed by Intervenor Defendant NORTH CAROLINIANS FOR PRIVACY, to Response to 78 MOTION to Expedite the Responses to its Motion to Intervene filed by NORTH CAROLINIANS FOR PRIVACY. (CAMPBELL, JAMES) (Entered: 07/10/2016) |
| 07/11/2016 | Motions Submitted to JUDGE THOMAS D. SCHROEDER: 71 MOTION for Leave to File Witness Declarations Using Initials, 85 MOTION for Leave to File an Amicus Curiae Brief in Support of Plaintiff, 70 MOTION to Exceed Page Limit, and 78MOTION to Expedite the Responses to its Motion to Intervene. (Engle, Anita) (Entered: 07/11/2016) | |
| 07/12/2016 | Telephone Conference set for 7/13/2016 at 1:00 PM before JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845(Engle, Anita) (Entered: 07/12/2016) | |
| 07/12/2016 | 89 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/12/2016, that the motion (Doc. 85) is GRANTED. The amici are directed to file the associated amicus curiae brief in support of Plaintiff’s Motion for Preliminary Injunction forthwith. (Daniel, J) (Entered: 07/12/2016) |
| 07/12/2016 | 90 | Amicus Curiae BRIEF by 68 Companies Opposed to H.B. 2 and in Support of Plaintiff’s Motion for Preliminary Injunction. (LARGESS, STEPHEN) (Entered: 07/12/2016) |
| 07/12/2016 | 91 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/12/2016. All responses to North Carolinians for Privacy’s motion to intervene (Doc. 58) due on or before July 18, 2016. Any reply by North Carolinians for Privacy due on or before July 22, 2016. If the court were to grant the motion to intervene, it would not extend any deadlines – such that North Carolinians for Privacy’s response to the United States’ motion for preliminary injunction would be due July 29, 2016.(Engle, Anita) (Entered: 07/12/2016) |
| 07/12/2016 | 92 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/12/2016. Plaintiff United States’ 70 Motion to Exceed Page Limit is GRANTED and the Clerk is directed to accept as filed 76 United States’ Memorandum of Law in Support of Motion for Preliminary Injunction. (Engle, Anita) (Entered: 07/12/2016) |
| 07/13/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 7/13/2016. Participating in the call: Attorney Smith for Carcaño Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorney Campbell for Plaintiff/Proposed Intervenor North Carolinians for Privacy, Attorney Duncan for Legislative Plaintiffs/Intervenors, Attorney Berwick for Defendant United States, Attorney Bowers for State Defendants, Attorney Francisco for UNC Defendants, Attorney Boizelle for Amici 68 Companies, Attorney Sigmon for Proposed Amici School Administrators, and Proposed Pro se Intervenor Steven-Glenn: Johnson. Written Order forthcoming. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/13/2016) | |
| 07/14/2016 | TEXT ORDER by JUDGE THOMAS D. SCHROEDER on 7/14/2016 GRANTING 71 United States’ Motion for Leave to File Witness Declarations Using Witness Initials. (Engle, Anita) (Entered: 07/14/2016) | |
| 07/14/2016 | 93 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 07/14/2016; Parties in case 1:16CV236 shall appear on Monday, August 1, at 10:00 a.m. in Courtroom 1 of the Hiram H. Ward Federal Building, Winston-Salem, North Carolina, for a hearing on the Carcano Plaintiffs’ motion for preliminary injunction (Doc. 21 in 1:16CV236) and UNC defendants’ motion to stay proceedings (Doc. 38 in 1:16CV236). Counsel for United States may participate in the hearing as set out. Trial on merits, etc. in United States’ action to be consolidated with hearing on United States’ motion for preliminary injunction (Doc. 73 in 1:16cv425). Trial in all four HB2 cases will take place in late October or early November, 2016 depending on pretrial schedule to be determined by the Magistrate Judge as set out. Parties shall file a short joint notice identifying any agreements reached and explaining their respective positions no later than 5:00 p.m. on July 22, 2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) Docket entry modified on 7/19/2016. (Powell, Gloria). (Entered: 07/14/2016) |
| 07/14/2016 | Set Deadlines: Joint Notice due by 7/22/2016 no later than 5:00 PM. (See 86 Order in 16CV236, 93 Order in 16CV425, 29 Order in 16CV844, and 37 Order in 16CV845) Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) (Entered: 07/14/2016) | |
| 07/15/2016 | 94 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/15/2016; that this matter is set for an Initial Pretrial Conference on July 22, 2016, at 1:00 p.m. in Courtroom 3 of the United States Courthouse in Winston-Salem, North Carolina. FURTHER ORDERED that the parties must file their Rule 26(f) Report(s), whether jointly or individually, by July 20, 2016, as noted herein. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) (Entered: 07/15/2016) |
| 07/15/2016 | Set Initial Pretrial Conference: Initial Pretrial Conference set for 7/22/2016 at 1:00 PM in Winston-Salem Courtroom #3. (See 88 Order in 16CV126; 94 Order in 16CV425; 30 Order in 16CV844; 38 Order in 16CV845) Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) (Entered: 07/15/2016) | |
| 07/15/2016 | Set Rule 26(f) Report Deadline: Rule 26(f) Report (jointly or individually) due by 7/20/2016. (See 88 Order in 16CV126; 94 Order in 16CV425; 30 Order in 16CV844; 38 Order in 16CV845) Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) (Entered: 07/15/2016) | |
| 07/15/2016 | 95 | NOTICE by UNITED STATES OF AMERICA of Conditional Waiver of Reply Brief in Support of its Motion for Preliminary Relief (KISCH, LORI) (Entered: 07/15/2016) |
| 07/18/2016 | 96 | RESPONSE in Opposition re 95 Notice (Other) filed by PHIL BERGER, TIM MOORE. Replies due by 8/4/2016. (DUNCAN, STUART) (Entered: 07/18/2016) |
| 07/18/2016 | 97 | First MOTION for Extension of Time to File Response/Reply as to 73 MOTION for Preliminary Injunction by PHIL BERGER, TIM MOORE. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) (Entered: 07/18/2016) |
| 07/18/2016 | CASE REFERRED to JUDGE THOMAS D. SCHROEDER RE: 95 Notice by United States of America of Conditional Waiver of Reply Brief in Support of its Motion for Preliminary Relief. (Engle, Anita) (Entered: 07/18/2016) | |
| 07/18/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 97 First MOTION for Extension of Time to File Response/Reply as to 73 MOTION for Preliminary Injunction. (Engle, Anita) (Entered: 07/18/2016) | |
| 07/18/2016 | 98 | MOTION to Dismiss by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Responses due by 8/11/2016 (FRANCISCO, NOEL) (Entered: 07/18/2016) |
| 07/18/2016 | 99 | MEMORANDUM filed by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS re 98 MOTION to Dismiss filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (FRANCISCO, NOEL) (Entered: 07/18/2016) |
| 07/18/2016 | 100 | RESPONSE in Opposition re 58 MOTION to Intervene filed by UNITED STATES OF AMERICA. Replies due by 8/4/2016. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(CUMMINGS, TOREY) (Entered: 07/18/2016) |
| 07/19/2016 | 101 | Transcript of Telephonic status conference held on 7/13/2016, before Judge Thomas D. Schroeder. Court Reporter Briana Nesbit, Telephone number (336)734-2514. 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. <P>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.</P> Redaction Request due 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. Associated Cases: 1:16-cv-00845-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP(Nesbit, Briana) (Entered: 07/19/2016) |
| 07/19/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 34 MOTION to Intervene. (Engle, Anita) (Entered: 07/19/2016) | |
| 07/19/2016 | 102 | NOTICE of Appearance by attorney JONATHAN D. NEWTON on behalf of Plaintiff UNITED STATES OF AMERICA (NEWTON, JONATHAN) (Entered: 07/19/2016) |
| 07/20/2016 | 103 | REPLY entitled “Verified Reply to Parties Response in Opposition to Motion to Intervene as Proposed Plaintiff by Steven-Glenn: Johnson” filed by Intervenor Plaintiff STEVEN-GLENN: JOHNSON, to Response to 34 MOTION to Intervene. (Attachments: # 1 Envelope – Front and Back) (Sheets, Jamie) (Entered: 07/20/2016) |
| 07/20/2016 | 104 | Rule 26(f) Report (Joint) filed by all parties by UNITED STATES OF AMERICA.(CUMMINGS, TOREY) (Entered: 07/20/2016) |
| 07/21/2016 | 105 | REPLY, filed by Intervenor Defendant NORTH CAROLINIANS FOR PRIVACY, to Response to 58 MOTION to Intervene filed by NORTH CAROLINIANS FOR PRIVACY. (CAMPBELL, JAMES) (Entered: 07/21/2016) |
| 07/21/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 104 Rule 26(f) Report (Joint) filed by all parties, (Engle, Anita) (Entered: 07/21/2016) | |
| 07/21/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 58 MOTION to Intervene by North Carolinians for Privacy. (Engle, Anita) (Entered: 07/21/2016) | |
| 07/22/2016 | Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Pretrial Scheduling Conference held on 7/22/2016 in WS-3. Present at the conference were: Attorney Wilkins for Carcaño Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorney Dalton for Plaintiff/Proposed Intervenor North Carolinians for Privacy, Attorney Duncan for Legislative Plaintiffs/Intervenors, Attorney Gardner for Defendant United States, Attorney Bowers for State Defendants, and Attorney Francisco for UNC Defendants. The Court sets Telephone Status Conferences for 8/19/2016, 9/2/2016, 9/16/2016 and 9/30/2016 at 10:00 AM before Judge Peake. Joint Status of Issues to be Resolved to be filed by the close of business the Wednesday before each scheduled Telephone Status Conference. If no Status Conference is necessary, Parties are to notify Case Manager. In light of Scheduling Conference, Defendant McCrory’s Motion for Leave to Conduct Expedited Discovery (Doc. 52 in 1:16CV236) is moot and Motion to Intervene filed by North Carolinians for Privacy (Doc. 58 in 1:16CV425) is withdrawn. Written Order forthcoming.(Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016) | |
| 07/22/2016 | Set Hearing: Telephone Status Conference set for 8/19/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016) | |
| 07/22/2016 | Set Hearing: Telephone Status Conference set for 9/2/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016) | |
| 07/22/2016 | Set Hearing: Telephone Status Conference set for 9/16/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016) | |
| 07/22/2016 | Set Hearing: Telephone Status Conference set for 9/30/2016 at 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 07/22/2016) | |
| 07/22/2016 | 106 | JOINT NOTICE by UNITED STATES OF AMERICA re: 93 Order. (PHOENIX, CANDYCE) (Entered: 07/22/2016) |
| 07/25/2016 | 107 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 7/25/2016, that the joint motion of Defendants and Intervenor-Defendants for extension (Doc. 97 ) is GRANTED and that Defendants and Intervenor-Defendants are relieved of their obligation to file responses to the United States’ motion for preliminary injunction by July 29, 2016. By July 29, 2016, the parties are directed to submit a proposal to the United States Magistrate Judge, jointly if possible and separately if they cannot reach agreement, regarding an appropriate briefing schedule for the United States’ motion for preliminary injunction (Doc. 73 ) in light of the fact that the court has advanced trial on the merits and the discovery and pre-trial briefing schedule. (Daniel, J) (Entered: 07/25/2016) |
| 07/25/2016 | 108 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/25/2016; that the Court adopts the Joint Rule 26(f) Report and the discovery schedule set forth above. FURTHER ORDERED that this matter is set for telephonic conferences at 10:00 am on August 19, 2016, September 2, 2016, September 16, 2016, and September 30, 2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Garland, Leah) (Entered: 07/25/2016) |
| 07/25/2016 | 109 | MEMORANDUM ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 7/25/2016, that the motion to intervene by Steven-Glenn: Johnson (Doc. 34 ) is DENIED. (Daniel, J) (Entered: 07/25/2016) |
| 07/25/2016 | 110 | NOTICE of Appearance by attorney ARIA S. VAUGHAN on behalf of Plaintiff UNITED STATES OF AMERICA (VAUGHAN, ARIA) (Entered: 07/25/2016) |
| 07/25/2016 | 111 | NOTICE of Appearance by attorney ALYSSA C. LAREAU on behalf of Plaintiff UNITED STATES OF AMERICA (LAREAU, ALYSSA) (Entered: 07/25/2016) |
| 07/26/2016 | 112 | JOINT NOTICE by PHIL BERGER, TIM MOORE re: 73MOTION for Preliminary Injunction Joint Notice Regarding Preliminary Injunction Briefing Schedule(DUNCAN, STUART) (Entered: 07/26/2016) |
| 07/27/2016 | CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: 112 Joint Notice Regarding Preliminary Injunction Briefing Schedule. (Engle, Anita) (Entered: 07/27/2016) | |
| 07/27/2016 | 113 | NOTICE of Appearance by attorney JOHN M. GORE on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (GORE, JOHN) (Entered: 07/27/2016) |
| 07/27/2016 | 114 | NOTICE of Appearance by attorney ANISHA S. DASGUPTA on behalf of Amicus Proposed Amici Curiae – States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the District of Columbia (DASGUPTA, ANISHA) (Entered: 07/27/2016) |
| 07/27/2016 | 115 | NOTICE of Appearance by attorney HOLLY A. THOMAS on behalf of Amicus Proposed Amici Curiae – States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the District of Columbia (THOMAS, HOLLY) (Entered: 07/27/2016) |
| 07/27/2016 | 116 | MOTION for Leave to File Brief of the States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont and the District of Columbia in Support of the United States’ Motion for Preliminary Injunction by Proposed Amici Curiae – States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the District of Columbia. (Attachments: # 1 Exhibit Brief of the States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont and the District of Columbia in Support of the United States’ Motion for Preliminary Injunction, # 2 Text of Proposed Order)(THOMAS, HOLLY) (Entered: 07/27/2016) |
| 07/28/2016 | 117 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/28/2016, that the Court adopts the briefing schedule set out in the Joint Notice (Doc. # 112 ) in 1:16CV425, but any issues that the parties wish to raise in these cases should still be addressed in the dispositive motions and trial briefs on the schedule set out in the July 25, 2016 Scheduling Order, so that all of the relevant issues can be addressed in November after the period of expedited discovery. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Daniel, J) (Entered: 07/28/2016) |
| 07/28/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 116 MOTION for Leave to File Brief of the States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont and the District of Columbia in Support of the United States’ Motion for Preliminary Injunction. (Engle, Anita) (Entered: 07/28/2016) | |
| 07/29/2016 | 118 | RESPONSE in Opposition re 73 MOTION for Preliminary Injunction filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Replies due by 8/15/2016. (FRANCISCO, NOEL) (Entered: 07/29/2016) |
| 07/29/2016 | 119 | Transcript of Pretrial Scheduling Conference held on 7/22/2016, before Judge Joi E. Peake. Court Reporter Briana L. Nesbit, Telephone number (336) 734-2514. 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. <P>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.</P> Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Nesbit, Briana) (Entered: 07/29/2016) |
| 08/03/2016 | 120 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/3/2016, that the motion (Doc. 116 ) is GRANTED and that the associated amicus curiae brief in support of the United States’ motion for preliminary injunction is deemed filed as of this date. (Daniel, J) (Entered: 08/03/2016) |
| 08/03/2016 | 121 | Notice of Filing Additional Exhibits in Support of the Motion to Intervene filed by CHRIS SEVIER. (Documents received 7/27/2016) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Envelope Front and Back)(Engle, Anita) (Modified on 8/8/2016 to reflect name of document as received. To date, Motion to Intervene has not been received.) (Engle, Anita). (Entered: 08/03/2016) |
| 08/04/2016 | Telephone Conference set for 8/4/2016 at 4:00 P.M. before JUDGE THOMAS D. SCHROEDER. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016) | |
| 08/04/2016 | 122 |
Transcript of Preliminary Injunction held on 8/1/2016, before Judge Thomas D. Schroeder. Court Reporter Briana L. Nesbit, Telephone number (336) 734-2514. 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 8/29/2016. Redacted Transcript Deadline set for 9/9/2016. Release of Transcript Restriction set for 11/7/2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Nesbit, Briana) (Entered: 08/04/2016) |
| 08/04/2016 | Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Telephone Conference held on 8/4/2016. Participating in the call: Attorney Smith for Carcaño Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorney Campbell for Plaintiff North Carolinians for Privacy, Attorney Duncan for Legislative Intervenors, Attorney Berwick for Defendant United States, Attorney Bowers for State Defendants, Attorney Francisco for UNC Defendants, and Attorney Smith for Proposed Amici School Administrators. Written Order forthcoming. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016) | |
| 08/04/2016 | TEXT ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/4/2016. On August 3, 2016, the Supreme Court issued a stay of the Fourth Circuit’s mandate in G.G. v. Gloucester County School Board, case number 16A52, which held that the U.S. Department of Education’s guidance as to the interpretation of “on the basis of sex” in its regulation implementing Title IX was entitled to Auer deference. As a result of today’s telephone hearing, the court directs the parties to address the following: (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 courts 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). Plaintiffs’ briefs are due by 5:00 p.m. Monday, August 8, 2016. Defendants’ responses are due by noon on Friday, August 12, 2016. Briefs are limited to 20 pages per side, and the parties are encouraged to work together. In addition, the parties are directed to meet and confer to determine if there is any value in adjusting the pretrial or trial schedule and whether or not there is agreement to participate in this district’s mediation process. Parties are to report back via letter to Ms. Engle as to the results of the conference by 5:00 p.m. on August 8, 2016. SO ORDERED. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016) | |
| 08/04/2016 | 123 | NOTICE of Hearing: Bench Trial set for 11/14/2016 at 09:30 AM in Winston-Salem Courtroom #1 before JUDGE THOMAS D. SCHROEDER. Exhibit and witness lists and deposition designations shall be filed no later than October 24, 2016. Any objections thereto, as well as any counter-designations, shall be filed no later than November 2, 2016. Pre-trial briefs shall be submitted no later than November 7, 2016. No opposition briefs shall be allowed. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/04/2016) |
| 08/05/2016 | 124 | NOTICE of Appearance by attorney NARENDRA K. GHOSH on behalf of Amicus Proposed Amici Curiae – States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the District of Columbia (GHOSH, NARENDRA) (Entered: 08/05/2016) |
| 08/05/2016 | 125 | MEMORANDUM Regarding Title IX by Counter Claimants PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Intervenor Defendants PHIL BERGER, TIM MOORE, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (STEWART, WILLIAM) (Entered: 08/05/2016) |
| 08/08/2016 | 126 | NOTICE by UNITED STATES OF AMERICA (CUMMINGS, TOREY) (Entered: 08/08/2016) |
| 08/09/2016 | 127 | MOTION for Extension of Time to File Response/Reply as to 32 Answer to Complaint,, Counterclaim,,, by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order, # 2 Supplement)(PHOENIX, CANDYCE) (Entered: 08/09/2016) |
| 08/10/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 127 MOTION for Extension of Time to File Response to 32 Answer to Complaint, Counterclaim. (Engle, Anita) (Entered: 08/10/2016) | |
| 08/11/2016 | 128 | RESPONSE in Opposition re 98 MOTION to Dismiss filed by UNITED STATES OF AMERICA. Replies due by 8/29/2016. (VAUGHAN, ARIA) (Entered: 08/11/2016) |
| 08/11/2016 | 130 | MOTION to Intervene filed by ELIZABETH ORDING, CHRIS SEVIER. Responses due by 9/6/2016. (Attachments: # 1 Intervening Complaint, # 2 Text of Proposed Order) (Garland, Leah) (Additional attachment(s) added on 8/15/2016: # 3 Address Label for Documents 130 – 140) (Daniel, J). (Entered: 08/12/2016) |
| 08/11/2016 | 131 | MEMORANDUM IN SUPPORT, filed by Intervenor Plaintiffs ELIZABETH ORDING, CHRIS SEVIER to 130 MOTION to Intervene. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 132 | Additional Exhibits to 131 Memorandum. Main document is Exhibit F (Part 1). (Attachments: # 1 Exhibit F (Part 2), # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 133 | DECLARATION of Pastor Cothran, filed by Intervenor Plaintiffs ELIZABETH ORDING, CHRIS SEVIER. (Attachments: # 1 Exhibits) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 134 | DECLARATION of Dr. King, filed by Intervenor Plaintiffs ELIZABETH ORDING, CHRIS SEVIER. (Attachments: # 1 Exhibits) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 135 | DECLARATION of Quinlan, Former President of PFOX, filed by Intervenor Plaintiffs ELIZABETH ORDING, CHRIS SEVIER. (Attachments: # 1 Exhibits (Part One), # 2 Exhibits (Part Two)) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 136 | DECLARATION of Goodspeed, filed by Intervenor Plaintiffs ELIZABETH ORDING, CHRIS SEVIER. (Attachments: # 1 Exhibits) (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 137 | MOTION to Correct the Docket, filed by CHRIS SEVIER. Responses due by 9/6/2016. (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 138 | MOTION FOR ECF FILING, filed by CHRIS SEVIER. Responses due by 9/6/2016. (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 139 | Exhibits Supporting 138 MOTION for ECF Filing, filed by CHRIS SEVIER. (Garland, Leah) (Entered: 08/12/2016) |
| 08/11/2016 | 140 | Proposed Order re: 138 MOTION for ECF Filing. (Garland, Leah) (Entered: 08/12/2016) |
| 08/12/2016 | 129 | Second Supplemental Memorandum re: 73 MOTION for Preliminary Injunction and Request for Stay of Proceedings in light of the Supreme Court’s G.G. Order by Counter Claimants/ Intervenor Defendants/ Defendants PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (Attachments: # 1 Appendix Table of Contents, # 2 Exhibit A:Supreme Court Order in Gloucester Cnty. v. G.G., # 3 Exhibit B: Stay Application in Gloucester Cnty. v. G.G., # 4 Exhibit C: Response to Stay Application in Gloucester Cnty. v. G.G., # 5 Exhibit D: Reply to Stay Application in Gloucester Cnty. v. G.G., # 6 Exhibit E: Plaintiffs’ Initial Disclosures)(STEWART, WILLIAM) Modified document title on 8/15/2016. (Daniel, J) (Entered: 08/12/2016) |
| 08/12/2016 | 141 | MOTION to Stay Proceedings in Light of G.G. by PHIL BERGER, TIM MOORE. Responses due by 9/6/2016 (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) (Entered: 08/12/2016) |
| 08/12/2016 | 142 | Consent MOTION to Expedite Responses to Motion to Stay Proceedings by PHIL BERGER, TIM MOORE. (Attachments: # 1 Text of Proposed Order)(DUNCAN, STUART) (Entered: 08/12/2016) |
| 08/12/2016 | 143 | MEMORANDUM filed by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS re 141MOTION to Stay Proceedings in Light of G.G. filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 Declaration of John Gore, # 2 Order in Williams v. Guilford Tech. Cmty. Coll., # 3 Carcano Plfs’ Initial Disclosures, # 4 United States’ Initial Disclosures)(FRANCISCO, NOEL) (Entered: 08/12/2016) |
| 08/12/2016 | Motions Submitted to JUDGE THOMAS D. SCHROEDER: (142 in 1:16cv425) Consent MOTION to Expedite Responses to Motion to Stay Proceedings, (114 in 1:16cv236) Consent MOTION to Expedite Responses to Motion to Stay Proceedings. Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 08/12/2016) | |
| 08/16/2016 | 144 | Consent MOTION for Leave to File Excess Pages by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (Attachments: # 1 Text of Proposed Order)(STEWART, WILLIAM) (Entered: 08/16/2016) |
| 08/16/2016 | 145 | MOTION to Withdraw as Attorney HOLLY A. THOMAS by on behalf of Proposed Amici Curiae – States of New York, Washington, California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Oregon, and Vermont, and the District of Columbia. (THOMAS, HOLLY) (Entered: 08/16/2016) |
| 08/17/2016 | 146 | MOTION for Leave to File Consolidated Reply Brief by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Responses due by 9/12/2016 (Attachments: # 1 Proposed Reply Brief, # 2 Exhibit A to Proposed Reply Brief, # 3 Text of Proposed Order)(FRANCISCO, NOEL) (Entered: 08/17/2016) |
| 08/17/2016 | 147 | NOTICE by PHIL BERGER, TIM MOORE re 108 Rule 26f (Joint), Order on Rule 26f Report – Individual,,,,,, JOINT NOTICE OF ISSUES FOR STATUS CONFERENCE (POTTER, ROBERT) (Entered: 08/17/2016) |
| 08/17/2016 | TEXT ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/17/2016. For good cause shown, IT IS ORDERED that the motion to expedite responses to motion to stay proceedings by Defendants and Plaintiff North Carolinians for Privacy (Doc. 114 in 1:12CV236 and 142 in 1:16CV425) is hereby GRANTED; Plaintiffs’ response to the motion to stay proceedings, if any, shall be filed on or before Monday, August 22, 2016; because Defendants and Plaintiff North Carolinians for Privacy have agreed to forego filing a reply in support of their stay motion, the motion will therefore be submitted to the court upon the filing of a response by Plaintiffs, assuming that a response is filed by Monday, August 22, 2016. IT IS FURTHER ORDERED that the motion of Defendants State of North Carolina, Governor McCrory, and the North Carolina Department of Public Safety, and Intervenor-Defendants President Pro Tempore Phil Berger and Speaker Tim Moore for leave to submit a memorandum not to exceed 70 pages in opposition to the United States’ motion for preliminary injunctive relief (Doc. 144 ) is hereby GRANTED. IT IS FURTHER ORDERED that the motion of Attorney Holly A. Thomas to Withdraw as attorney for Proposed Amici Curiae (Doc. 145 ) is hereby GRANTED; and IT IS FURTHER ORDERED that UNC Defendants unopposed motion for leave to submit a consolidated reply brief of up to 18 pages (Doc. 117 in 1:16CV236 and 146 in 1:16CV425) in support of its motions to dismiss in United States v. North Carolina (1:16CV425) and Carcao v. McCrory (1:16CV236) is hereby GRANTED. The UNC Defendants are directed to file their reply brief in both cases forthwith. Associated Cases: 1:16cv425, 1:16cv236 (Engle, Anita) (Entered: 08/17/2016) | |
| 08/17/2016 | 148 | REPLY, filed by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, to Response to 98 MOTION to Dismiss filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (Attachments: # 1 Exhibit U.S. Br. in Texas v. United States)(FRANCISCO, NOEL) (Entered: 08/17/2016) |
| 08/17/2016 | 149 | RESPONSE in Opposition re 73 MOTION for Preliminary Injunction filed by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. Replies due by 9/6/2016. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit A – Public Facilities Privacy and Security Act, # 3 Exhibit B – Executive Order 93 to Protect Privacy and Equality, # 4 Exhibit C – Charlotte City Council Ordinance No. 7056, # 5 Exhibit D – House Floor Session Transcript, # 6 Exhibit E – Senate Floor Session Transcript, # 7 Exhibit F – House Judiciary Committee Transcript, # 8 Exhibit G – Senate Judiciary Committee Transcript, # 9 Exhibit H – Declaration of Paul Hruz, # 10 Exhibit I – Declaration of Quentin Van Meter, # 11 Exhibit J – Declaration of Allan Josephson, # 12 Exhibit K – Declaration of Lawrence Mayer, # 13 Exhibit L – Declaration of Walt Heyer, # 14 Exhibit M – Declaration of Kenneth Lanning, # 15 Exhibit N – Declaration of Tim Hutchison, # 16 Exhibit O – Declaration of Y.K., # 17 Exhibit P – Declaration of D.H., # 18 Exhibit Q – Declaration of S.H., # 19 Exhibit R – Declaration of Robert Gallagher, # 20 Exhibit S – Declaration of S.B., # 21 Exhibit T – Declaration of R.F., # 22 Exhibit U – Chart of Term “Gender” in U.S. Code)(STEWART, WILLIAM) (Entered: 08/17/2016) |
| 08/18/2016 | CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint Notice of Issues for Status Conference ( 119 in 1:16cv236), ( 56 in 1:16cv845), ( 147 in 1:16cv425). Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/18/2016) | |
| 08/18/2016 | TEXT ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/18/2016 CANCELLING the Telephone Status Conference set for 8/19/2016 at 10:00 AM. Parties are directed to file a Joint Status Report by Wednesday, 8/24/2016. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/18/2016) | |
| 08/19/2016 | 150 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/19/16. IS THEREFORE ORDERED that Counterclaim Defendant United States Consent Motion for Extension of Time to Respond Nunc Pro Tunc 127 is GRANTED, and Counterclaim Defendant United States shall file the Answer as a separate pleading within seven (7) days from the date of this Order. (Garrett, Kim) (Entered: 08/19/2016) |
| 08/22/2016 | 151 | NOTICE of Appearance by attorney DAVID CHRISTOPHER OSBORN on behalf of Counter Claimants PHIL BERGER, TIM MOORE, Intervenor Defendants PHIL BERGER, TIM MOORE (OSBORN, DAVID) (Entered: 08/22/2016) |
| 08/22/2016 | 152 | NOTICE by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA re 149 Response in Opposition to Motion,,,,, 73 MOTION for Preliminary Injunction , 141 MOTION to Stay Proceedings in Light of G.G. SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit A: PI Order – State of Texas v. USA)(STEWART, WILLIAM) (Entered: 08/22/2016) |
| 08/22/2016 | 153 | RESPONSE in Opposition re 141 MOTION to Stay Proceedings in Light of G.G. filed by UNITED STATES OF AMERICA. Replies due by 9/9/2016. (NEWTON, JONATHAN) (Entered: 08/22/2016) |
| 08/23/2016 | Motions Submitted to JUDGE THOMAS D. SCHROEDER: MOTION to Dismiss ( 89 in 1:16cv236 and 98 in 1:16cv425) and MOTION to Stay Proceedings in Light of G.G. (113 in 1:16cv236 and 141 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 08/23/2016) | |
| 08/23/2016 | 154 | Counterclaim ANSWER to Complaint Counterclaims of the State of North Carolina, et al by UNITED STATES OF AMERICA. (PHOENIX, CANDYCE) (Entered: 08/23/2016) |
| 08/24/2016 | 155 | NOTICE by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS JOINT NOTICE OF ISSUES FOR STATUS CONFERENCE (STEWART, WILLIAM) (Entered: 08/24/2016) |
| 08/24/2016 | 156 | MOTION by STEVEN-GLENN: JOHNSON for Extension of Time to file FRCiv.P Rule 59 Motion for Rehearing/Reconsideration of the Court’s Memorandum Order denying Intervention. (Attachments: # 1 Envelope front, # 2 Envelope back)(Daniel, J) (Entered: 08/25/2016) |
| 08/25/2016 | CASES REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint Notice of Issues for Status Conference ( 126 in 1:16cv236, 155 in 1:16cv425, and 59 in 1:16cv845). Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/25/2016) | |
| 08/25/2016 | TEXT ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/25/2016. In light of the Joint Notice filed by the parties, the Court will not set this matter for a status conference on August 26, 2016. However, it appears that a status conference in the near future would be appropriate, in order to address any discovery and scheduling issues. Therefore, the Court will plan to conduct a discovery status conference on September 2, 2016, and given the potential issues to be addressed, the Court will conduct that status conference in person rather than by telephone hearing. Therefore, this matter will be set for a discovery status conference on September 2, 2016 at 10:00 a.m. in Courtroom 3 of United States Courthouse in Winston-Salem, NC. The parties should file their Joint Notice by August 31, 2016 to outline any issues that they would seek to raise at the status conference. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845 (Engle, Anita) (Entered: 08/25/2016) | |
| 08/25/2016 | Set Hearing: Status Conference set for 9/2/2016 at 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv845(Engle, Anita) (Entered: 08/25/2016) | |
| 08/26/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 156 MOTION for Extension of Time to File. (Engle, Anita) (Entered: 08/26/2016) | |
| 08/26/2016 | 157 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/26/2016, denying (Doc. 156 )Steven-Glenn: Johnson’s Pro Se Motion for Extension of Time to file a Motion for Rehearing or Reconsideration of the Courts Memorandum Order denying his Motion to Intervene in this case. (Daniel, J) (Entered: 08/26/2016) |
| 08/29/2016 | 158 | RESPONSE in Opposition re 130 MOTION to Intervene filed by UNITED STATES OF AMERICA. Replies due by 9/15/2016. (VAUGHAN, ARIA) (Entered: 08/29/2016) |
| 08/29/2016 | 159 | Counterclaim ANSWER to Complaint Counterclaims of the Legislator Intervenors by UNITED STATES OF AMERICA. (PHOENIX, CANDYCE) (Entered: 08/29/2016) |
| 08/31/2016 | 160 | NOTICE of Appearance by attorney DAVID A. NIMOCKS on behalf of Amicus Parties Proposed Amici Curiae – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U, Proposed Amici Curiae – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U, Proposed Amici Curiae – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U, Proposed Amici Curiae – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(NIMOCKS, DAVID) (Entered: 08/31/2016) |
| 08/31/2016 | 161 | MOTION for Leave to File Brief as Amici Curiae by Proposed Amici Curiae – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, by and through Governor Matthew G. Bevin, U. (Attachments: # 1 Supplement, # 2 Text of Proposed Order) Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(NIMOCKS, DAVID) (Entered: 08/31/2016) |
| 08/31/2016 | 163 | NOTICE by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS re Order,,, Joint Notice of Issues for Status Conference (STEWART, WILLIAM) (Entered: 08/31/2016) |
| 09/01/2016 | 164 | REPLY, filed by Counter Claimants PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Intervenor Defendants PHIL BERGER, TIM MOORE, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, to Response to 141 MOTION to Stay Proceedings in Light of G.G. filed by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. (STEWART, WILLIAM) (Entered: 09/01/2016) |
| 09/01/2016 | CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint Notice of Issues for Status Conference ( 136 in 1:16cv236 and 163 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 09/01/2016) | |
| 09/01/2016 | 165 | MOTION to Withdraw as Attorney DWAYNE J. BENSING by on behalf of UNITED STATES OF AMERICA. (BENSING, DWAYNE) (Entered: 09/01/2016) |
| 09/02/2016 | Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Status Conference held on 9/2/2016 in WS-3. In attendance were: Attorney Wilkens for Carcao Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorneys Duncan and Potter for Legislative Intervenors, Attorney Bowers and Stewart for State Defendants, and Attorney Gore for UNC Defendants. As stated from the bench, 121 Motion for Extension of Time to Designate Rebuttal Expert Witnesses filed by Plaintiffs in 1:16CV236 is GRANTED, MOTION to Stay Proceedings in Light of G.G. ( 113 in 1:16CV236 and 141 in 1:16CV425) is GRANTED IN PART and DENIED IN PART, 165 Attorney BENSING’S Motion to Withdraw filed in 1:16CV425 is GRANTED. Parties are to submit Supplemental Rule 26(f) Reports by 9/12/2016. Status Conference set for 9/16/2016 at 10:00 a.m. in Courtroom 3 in Winston-Salem. Written Order forthcoming. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv425, 1:16cv236 (Engle, Anita) (Entered: 09/02/2016) | |
| 09/02/2016 | ORAL ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 9/2/2016 GRANTING 165 Motion to Withdraw as Attorney. Attorney DWAYNE J. BENSING terminated. (Engle, Anita) (Entered: 09/02/2016) | |
| 09/06/2016 | 166 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 09/06/2016; that Defendants’ Motion to Stay Proceedings [Doc. # 113 in 1:16CV236 and Doc. # 141 in 1:16CV425] is GRANTED IN PART and DENIED IN PART, as set out herein and that this matter is set for a Supplemental Pretrial Conference and Status Conference on September 16, 2016 at 10:00 a.m. in Courtroom 3 of the United States Courthouse in Winston-Salem, North Carolina. The parties are directed to file Rule 26(f) Reports by September 12, 2016, and to file a Joint Notice by September 13, 2016, setting out any additional issues that need to be addressed at the Status Conference. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Garland, Leah) (Entered: 09/06/2016) |
| 09/06/2016 | Set Hearings: Supplemental Pretrial Conference and Status Conference set for 9/16/2016 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP (Garland, Leah) (Entered: 09/06/2016) | |
| 09/06/2016 | 168 | NOTICE of Appearance by attorney ERIC S. DREIBAND on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (DREIBAND, ERIC) (Entered: 09/06/2016) |
| 09/06/2016 | 169 | RESPONSE in Opposition re 130 MOTION to Intervene filed by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS. Replies due by 9/23/2016. (FRANCISCO, NOEL) (Entered: 09/06/2016) |
| 09/06/2016 | 170 | NOTICE of Appearance by attorney LEAH D. MCDOWELL on behalf of Plaintiffs PHIL BERGER, TIM MOORE Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP(MCDOWELL, LEAH) (Entered: 09/06/2016) |
| 09/07/2016 | 172 | NOTICE of Appearance by attorney CHRISTOPHER J. CARNEY on behalf of Plaintiff UNITED STATES OF AMERICA (CARNEY, CHRISTOPHER) (Entered: 09/07/2016) |
| 09/09/2016 | 173 | Transcript of Proceedings held on 09/02/2016, before Judge Joi E. Peake. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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. <P>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.</P> Redaction Request due 10/3/2016. Redacted Transcript Deadline set for 10/14/2016. Release of Transcript Restriction set for 12/12/2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Nesbit, Briana) (Entered: 09/09/2016) |
| 09/09/2016 | Envelope Containing (Doc. 157 ) Order – addressed to Elizabeth Ording 219 S. Limestone, Lexington, KY 40508 and returned to court by postal service, marked undeliverable because Insufficient Address – Unable to Forward. (Daniel, J) (Entered: 09/14/2016) | |
| 09/12/2016 | 174 | JOINT MOTIONfor Entry of Stipulated Confidentiality Agreement and Protective Order by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(VAUGHAN, ARIA) (Entered: 09/12/2016) |
| 09/12/2016 | 175 | Rule 26(f) Report (Joint) filed by all parties by UNITED STATES OF AMERICA. (VAUGHAN, ARIA) (Entered: 09/12/2016) |
| 09/13/2016 | CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Rule 26(f) Report (Joint) filed by all parties ( 144 in 1:16cv236 and 175 in 1:16cv425). Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 09/13/2016) | |
| 09/13/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: JOINT MOTION for Entry of Stipulated Confidentiality Agreement and Protective Order ( 145 in 1:16cv236 and 174 in 1:16cv425). Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 09/13/2016) | |
| 09/13/2016 | 176 | NOTICE by PHIL BERGER, TIM MOORE re 166 Order on Motion to Stay,,,,, Joint Notice by All Parties (DUNCAN, STUART) (Entered: 09/13/2016) |
| 09/13/2016 | TEXT ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/13/2016. In light of the Joint Rule 26(f) Report and the Joint Notice, the Status Conference scheduled for Friday, September 16, 2016 at 10:00 a.m. will be a telephone hearing. The Parties are directed to contact the case manager to set up the call. Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 09/13/2016) | |
| 09/16/2016 | Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE in WS-3: Telephone Conference held on 9/16/2016. Participating in the call were: Attorney Wilkens for Carcaño Plaintiffs, Attorney Kisch for Plaintiff United States, Attorney Duncan for Legislative Intervenors, Attorney Bowers for State Defendants, and Attorney Gore for UNC Defendants. Parties Joint Rule 26(f) Report adopted with modifications as stated from the bench. Parties are to file a Joint Notice of Issues by 9/28/2016 with respect to the Telephone Conference previously set for 9/30/2016 at 10:00 a.m. Written Order forthcoming. (Court Reporter Briana Nesbit.) (Engle, Anita) Associated Cases: 1:16cv236, 1:16cv425 (Entered: 09/16/2016) | |
| 09/16/2016 | 177 | REPLY, filed by Plaintiff UNITED STATES OF AMERICA, to Response to 73 MOTION for Preliminary Injunction filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(, TARYN) (Entered: 09/16/2016) |
| 09/20/2016 | 178 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/20/2016, that the Court adopts the Parties’ Joint Rule 26(f) Report (Doc. # 144 in 1:16CV236 and Doc. #175 in 1:16CV425) as modified herein. The Parties shall submit a Joint Notice of Issues by 9/28/2016, and this matter remains set for a telephone Status Conference on 9/30/2016 at 10:00 a.m. This case is set for a Hearing and Status Conference on 10/28/2016. The ACLU Plaintiffs’ Motion for Leave to file Second Amended Complaint (Doc. # 116 in 1:16CV236) is GRANTED. Plaintiffs may file the Second Amended Complaint, and within the time otherwise required to respond to the Second Amended Complaint, the Defendants shall file a responsive pleading. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Daniel, J) (Entered: 09/20/2016) |
| 09/20/2016 | 179 | Stipulated Confidentiality Agreement and Protective Order. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/20/2016. (Daniel, J) (Entered: 09/20/2016) |
| 09/20/2016 | 180 | STIPULATION E-Discovery by UNITED STATES OF AMERICA. (KISCH, LORI) (Entered: 09/20/2016) |
| 09/21/2016 | 181 | NOTICE of Appearance by attorney KRISTEN A. LEJNIEKS on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (LEJNIEKS, KRISTEN) (Entered: 09/21/2016) |
| 09/21/2016 | 182 | SUPPLEMENTAL PROTECTIVE ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/21/2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Daniel, J) (Entered: 09/21/2016) |
| 09/23/2016 | 183 | Joint MOTION for Protective Order re: Legislative Privilege by PHIL BERGER, TIM MOORE. Responses due by 10/7/2016 (Attachments: # 1 Exhibit Memorandum ISO, # 2 Text of Proposed Order proposed order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D-1, # 7 Exhibit D-2, # 8 Exhibit D-3, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K)(DUNCAN, STUART) (Entered: 09/23/2016) |
| 09/26/2016 | 184 | MEMORANDUM filed by Intervenor Defendants PHIL BERGER, TIM MOORE re 183 Joint MOTION for Protective Order re: Legislative Privilege Memo ISO filed by PHIL BERGER, TIM MOORE. (DUNCAN, STUART) (Entered: 09/26/2016) |
| 09/26/2016 | 188 | NOTICE OF APPEAL Without Fee Payment by STEVEN-GLENN: JOHNSON as to 157 Order and 109 Memorandum Order. (Attachments: # 1 Envelope front, # 2 Envelope back)(Daniel, J) (Entered: 09/27/2016) |
| 09/27/2016 | 185 | NOTICE of Appearance by attorney CAMILLE A. MONAHAN on behalf of Plaintiff UNITED STATES OF AMERICA (MONAHAN, CAMILLE) (Entered: 09/27/2016) |
| 09/27/2016 | 186 | NOTICE of Appearance by attorney DYLAN N. DE KERVOR on behalf of Plaintiff UNITED STATES OF AMERICA (DE KERVOR, DYLAN) (Entered: 09/27/2016) |
| 09/27/2016 | 187 | Suggestion of Subsequently Decided Authority re 73 MOTION for Preliminary Injunction by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Supplement Addendum)(CARNEY, CHRISTOPHER) (Entered: 09/27/2016) |
| 09/27/2016 | 189 | Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 188 Notice of Appeal Without Fee Payment. (Daniel, J) (Entered: 09/27/2016) |
| 09/28/2016 | 190 | NOTICE by UNITED STATES OF AMERICA re 178 Order on Motion for Leave to File, Rule 26f (Joint),,,,,,,,,, Joint Notice of Issues (PHOENIX, CANDYCE) (Entered: 09/28/2016) |
| 09/28/2016 | 191 | NOTICE of Docketing Appeal from USCA re: 188 Notice of Appeal Without Fee Payment filed by STEVEN-GLENN: JOHNSON. USCA Case Mgr: Rickie Edwards; USCA Case Number 16-2120. (Daniel, J) (Entered: 09/29/2016) |
| 09/29/2016 | CASE REFERRED to MAG/JUDGE JOI ELIZABETH PEAKE RE: Notice ( 155 in 1:16cv236 and 190 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 09/29/2016) | |
| 09/29/2016 | Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re: 188 Notice of Appeal. USCA Case #16-2120. (Daniel, J) (Entered: 09/29/2016) | |
| 09/29/2016 | 192 | CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 186 Notice of Appearance (DE KERVOR, DYLAN) (Entered: 09/29/2016) |
| 09/29/2016 | Motions Submitted to JUDGE THOMAS D. SCHROEDER: 137 MOTION to Correct, 130 MOTION to Intervene, 138 MOTION for ECF Filing, and 161 MOTION for Leave to File Brief as Amici Curiae. (Engle, Anita) (Entered: 09/29/2016) | |
| 09/30/2016 | 193 | ORDER signed by JUDGE THOMAS D. SCHROEDER on 9/30/2016, that the motion (Doc. 161 ) is GRANTED and movants shall separately file the brief as Amici Curiae forthwith. (Daniel, J) (Entered: 09/30/2016) |
| 09/30/2016 | Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE in WS-3: Telephone Conference held on 9/30/2016. Participating in the Telephone Conference were: Attorney Wilkens for Carcaño Plaintiffs, Attorney Stoughton for Plaintiff United States, Attorney Duncan for Legislative Intervenors, Attorney Stewart for State Defendants, and Attorney Gore for UNC Defendants. Parties are to file a joint written proposal regarding deposition limits by the end of today. Written order forthcoming. (Court Reporter Briana Nesbit.) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 09/30/2016) | |
| 09/30/2016 | 194 | Brief by PROPOSED AMICI CURIAE – TEXAS, ARKANSAS, ARIZONA, WEST VIRGINIA, ALABAMA, WISCONSIN, GEORGIA, NEBRASKA, LOUISIANA, SOUTH CAROLINA, COMMONWEALTH OF KENTUCKY, BY AND THROUGH GOVERNOR MATTHEW G. BEVIN, U re 193Order on Motion for Leave to File Brief of Texas, Arkansas, Arizona, West Virginia, Alabama, Wisconsin, Georgia, Nebraska, Louisiana, South Carolina, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Utah, and Governor Phil Bryant of the State of Mississippi as Amici Curiae in Opposition to United States’ Motion for Preliminary Injunction (NIMOCKS, DAVID) Modified on 10/2/2016 to correct document type. (Engle, Anita) (Entered: 09/30/2016) |
| 09/30/2016 | 195 | NOTICE by UNITED STATES OF AMERICA Joint Notice on Proposal Regarding Deposition Limits (PHOENIX, CANDYCE) (Entered: 09/30/2016) |
| 10/02/2016 | CASE REFERRED to Judge MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint Notice of Proposal Regarding Deposition Limits ( 157 in 1:16cv236 and 195 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 10/02/2016) | |
| 10/06/2016 | 196 | NOTICE by UNITED STATES OF AMERICA re 76 Memorandum,,, Notice of Change in Factual Circumstances and Supplemental Declaration (Attachments: # 1 Supplement)(PHOENIX, CANDYCE) (Entered: 10/06/2016) |
| 10/07/2016 | Envelope Containing 166 Order addressed to ELIZABETH ORDING 219 S. LIMESTONE, LEXINGTON, KY 40508 returned to court by postal service, marked undeliverable because Envelope marked “Return to Sender, Not Deliverable as addressed, Unable to Forward”. (Garland, Leah) (Entered: 10/07/2016) | |
| 10/07/2016 | 197 | Transcript of Status Conference held on 09/16/2016, before Magistrate Judge Joi E. Peake. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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. <P>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.</P> Redaction Request due 10/31/2016. Redacted Transcript Deadline set for 11/10/2016. Release of Transcript Restriction set for 1/9/2017. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Nesbit, Briana) (Entered: 10/07/2016) |
| 10/07/2016 | 198 | RESPONSE in Opposition re 183 Joint MOTION for Protective Order re: Legislative Privilege filed by UNITED STATES OF AMERICA. Replies due by 10/14/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(CARNEY, CHRISTOPHER) (Entered: 10/07/2016) |
| 10/11/2016 | ***FILED IN ERROR*** Reset Motion Reply Deadline re 183 Joint MOTION for Protective Order re: Legislative Privilege: Replies due by 10/24/2016. (Sheets, Jamie) Modified on 10/11/2016 to mark filed in error. (Sheets, Jamie) (Entered: 10/11/2016) | |
| 10/11/2016 | Reset Reply Deadline re 183 Joint MOTION for Protective Order re: Legislative Privilege: Replies due by 10/14/2016 pursuant to Scheduling Order filed 9/20/2016 (pleading 178 ). (Sheets, Jamie) (Entered: 10/11/2016) | |
| 10/11/2016 | 199 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/11/2016; that the Court adopts the Parties’ Joint Proposal Regarding Deposition Limits [Doc. # 157 in 1:16CV236 and Doc. # 195 in 1:16CV425] in full, and the most recent Scheduling Order [Doc. # 147 in 1:16CV236 and Doc. # 178 in 1:16CV425] is modified accordingly. Any other time limits for particular depositions may be stipulated by the Parties or requested in a separate Motion for a Protective Order. FURTHER that the Hearing and Status Conference previously set for October 28, 2016 shall be rescheduled for November 18, 2016, at 1 p.m. The Parties are instructed to follow the briefing schedule set out above for any discovery disputes surrounding Plaintiffs’ or Plaintiffs’ witnesses’ medical records, and the most recent Scheduling Order [Doc. # 147 in 1:16CV236 and Doc. # 178 in 1:16CV425] is modified accordingly. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP (Garland, Leah) (Entered: 10/11/2016) |
| 10/11/2016 | Reset Hearings: Status Conference set for 11/18/2016 01:00 PM. (See 199 Order) Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP (Garland, Leah) (Entered: 10/11/2016) | |
| 10/12/2016 | 200 | MOTION for Extension of Time to File Response/Reply ISO Motion for Protective Order based on Legislative Privilege by PHIL BERGER, TIM MOORE. (Attachments: # 1 Text of Proposed Order)(MCDOWELL, LEAH) (Entered: 10/12/2016) |
| 10/12/2016 | 201 | Suggestion of Subsequently Decided Authority Hively v. Ivy Tech Community College by Plaintiff UNITED STATES OF AMERICA. (MONAHAN, CAMILLE) (Entered: 10/12/2016) |
| 10/13/2016 | Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: MOTION for Extension of Time to File Reply ISO Motion for Protective Order based on Legislative Privilege ( 163 in 1:16cv236 and 200 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 10/13/2016) | |
| 10/13/2016 | 202 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/13/2016; that the Motion for Extension of Time is hereby GRANTED. State Defendants and Intervenor-Defendants shall file their reply brief on or before Wednesday, October 19, 2016. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP (Garland, Leah) (Entered: 10/13/2016) |
| 10/14/2016 | 203 |
Transcript of Status Conference held on 09/30/2016, before Judge Joi E. Peake. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/17/2017. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP (Nesbit, Briana) (Entered: 10/14/2016) |
| 10/18/2016 | 204 | MOTION to Quash and Modify Defendants Subpoenas Duces Tecum ( Responses due by 11/1/2016), MOTION for Protective Order by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(, TARYN) (Entered: 10/18/2016) |
| 10/18/2016 | 205 | MEMORANDUM filed by Plaintiff UNITED STATES OF AMERICA re 204MOTION to Quash and Modify Defendants Subpoenas Duces Tecum MOTION for Protective Order filed by UNITED STATES OF AMERICA. (Attachments: # 1Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(, TARYN) (Entered: 10/18/2016) |
| 10/18/2016 | 206 | NOTICE of Appearance by attorney SONYA PFEIFFER on behalf of Witnesses A. N., A. T., Alaina Kupep. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(PFEIFFER, SONYA) (Entered: 10/18/2016) |
| 10/18/2016 | 207 | MOTION of Non-Party Witnesses to Join United States’ Motion to Partially Quash and Modify Defendants’ Subpoenas Duces Tecum and for a Protective Order by A. N., Alaina Kupec, A. T.. Responses due by 11/14/2016 Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(PFEIFFER, SONYA) Modified on 10/19/2016 to remove duplicate text. (Garland, Leah) (Entered: 10/18/2016) |
| 10/19/2016 | 208 | REPLY, filed by Intervenor Defendants PHIL BERGER, TIM MOORE, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, to Response to 183 Joint MOTION for Protective Order re: Legislative Privilege filed by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(DUNCAN, STUART) (Entered: 10/19/2016) |
| 10/20/2016 | Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: Joint MOTION for Protective Order re: Legislative Privilege ( 153 in 1:16cv236 and 183 in 1:16cv425). Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 10/20/2016) | |
| 10/21/2016 | Envelope Containing 199 Order addressed to ELIZABETH ORDING 219 S. LIMESTONE, LEXINGTON, KY 40508 returned to court by postal service, marked “Return to Sender, Attempted – Not Known, Unable to Forward”. (Garland, Leah) (Entered: 10/21/2016) | |
| 10/21/2016 | 209 | NOTICE of Appearance by attorney CURT C. HARTMAN on behalf of Intervenor Defendants PHIL BERGER, TIM MOORE (HARTMAN, CURT) (Entered: 10/21/2016) |
| 10/24/2016 | 210 | NOTICE of Appearance by attorney JACOB H. SUSSMAN on behalf of Witness Stephanie Paige Dula (SUSSMAN, JACOB) (Entered: 10/24/2016) |
| 10/24/2016 | 211 | MOTION to Adopt (204 in 1:16-cv-00425-TDS-JEP, 204 in 1:16-cv-00425-TDS-JEP) MOTION to Quash and Modify Defendants Subpoenas Duces Tecum MOTION for Protective Order by Stephanie Paige Dula. Responses due by 11/17/2016 Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(SUSSMAN, JACOB) (Entered: 10/24/2016) |
| 11/01/2016 | 212 | RESPONSE in Opposition MOTION to Quash and MOTION for Protective Order filed by PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. Replies due by 11/18/2016. (Attachments: # 1 Exhibit A – Initial Disclosures (236), # 2 Exhibit B – Initial Disclosures (425))(STEWART, WILLIAM) Modified document title on 11/2/2016. (Daniel, J) (Entered: 11/01/2016) |
| 11/08/2016 | Envelope Containing 202 Order addressed to ELIZABETH ORDING 219 S. LIMESTONE, LEXINGTON, KY 40508 returned to court by postal service, marked undeliverable because Envelope marked “Return to Sender, Insufficient Address, Unable to Forward”. (Garland, Leah) (Entered: 11/09/2016) | |
| 11/10/2016 | 213 | NOTICE by PHIL BERGER, TIM MOORE Joint Request for Telephonic Conference (DUNCAN, STUART) (Entered: 11/10/2016) |
| 11/10/2016 | TEXT ORDER Per MAG/JUDGE JOI ELIZABETH PEAKE on 11/10/2016. In light of the 213 Joint Request, this case will be set for a telephone scheduling conference on Monday, November 14, 2016, at 10:00 a.m. The parties should coordinate with the Clerk’s Office to set up the call. The Court will also continue the hearing presently set for Friday, November 18, 2016, given the positions of the parties set out in the Joint Request, and the Court will address that further at the scheduling conference on Monday, November 14. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(Powell, Gloria) (Entered: 11/10/2016) | |
| 11/10/2016 | Set Hearing: Telephone Conference set for 11/14/2016 10:00 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(Powell, Gloria) (Entered: 11/10/2016) | |
| 11/14/2016 | 214 | NOTICE of Appearance by attorney J. GRIFFIN MORGAN on behalf of Witness D.B. (MORGAN, J.) (Entered: 11/14/2016) |
| 11/14/2016 | 215 | MOTION to Quash Witness D.B.’s motion to join US motion to partially quash and modify defendants’ subpoenas duces tecum and for protective order by D.B.. Responses due by 12/8/2016 (MORGAN, J.) (Entered: 11/14/2016) |
| 11/14/2016 | Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Telephone Conference held on 11/14/2016. Participating in the Telephone Conference were: Attorney Scott Wilkens for Carcaño Plaintiffs, Attorney Corey Stoughton for Plaintiff United States, Attorney Kyle Duncan for Legislative Intervenors, Attorney Butch Bowers for State Defendants, and Attorney John Gore for UNC Defendants. In light of the United States Supreme Court granting cert in Gloucester County School Board v. G.G., the Court has extended the Trial date for ninety (90) days, extended the Discovery deadlines for ninety (90) days, and stayed Discovery for ninety (90) days; parties instructed to file position statements no later than Monday, November 21, 2016, as to the Motions for Preliminary Injunction; parties further instructed to file position statements no later than Monday, February 13, 2017, as to discovery and scheduling; Written order forthcoming. (Court Reporter Briana Nesbit) Associated Cases: 1:16cv236, 1:16cv425(Kemp, Donita) (Entered: 11/14/2016) | |
| 11/14/2016 | 216 | REPLY, filed by Plaintiff UNITED STATES OF AMERICA, to Response to 204 MOTION to Quash and Modify Defendants Subpoenas Duces Tecum MOTION for Protective Order filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit, # 2 Exhibit)(VAUGHAN, ARIA) (Entered: 11/14/2016) |
| 11/15/2016 | 217 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/15/2016; that trial is continued for 90 days and all pending discovery deadlines are extended for 90 days. Discovery is stayed for 90 days, and any pending discovery and pre-trial matters are stayed. On or before February 13, 2017, the parties shall file status updates and position statements, jointly if possible, re: scheduling and discovery issues as set forth. A further status and scheduling conference will be set as appropriate thereafter. The parties in 1:16CV425 shall file additional position statements as set forth on or before Monday, November 21, 2016. The parties in 1:16CV236 shall file additional position statements as set forth on or before Monday, November 21, 2016. ACLU Plaintiffs’ Oral Motion to file a Third Amended Complaint is GRANTED. ACLU Plaintiffs shall file the Third Amended Complaint on or before November 21, 2016. Any responsive pleadings shall not be due until after the 90-day stay of discovery has lifted. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Garland, Leah) (Entered: 11/15/2016) |
| 11/15/2016 | 218 | Transcript of the Telephonic Status Conference held on 11/14/2016, before Judge Joi E. Peake. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. 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. <P>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.</P> Redaction Request due 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP, 1:16-cv-00844-TDS-JEP, 1:16-cv-00845-TDS-JEP(Nesbit, Briana) (Entered: 11/15/2016) |
| 11/16/2016 | 219 | NOTICE of Appearance by attorney STEPHEN S. SCHWARTZ on behalf of Counter Claimants PHIL BERGER, TIM MOORE, PHILLIP BERGER, TIM MOORE, Intervenor Defendants PHIL BERGER, TIM MOORE, PHILLIP BERGER, TIM MOORE Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(SCHWARTZ, STEPHEN) (Entered: 11/16/2016) |
| 11/17/2016 | Motions No Longer Submitted to JUDGE THOMAS D. SCHROEDER: MOTION to Dismiss( 89 in 1:16CV236 and 98 in 1:16CV425) stayed per Order dated 11/15/2016 ( 177 in 1:16CV236 and 217 in 1:16CV425). Associated Cases: 1:16CV236, 1:16CV425 (Engle, Anita) (Entered: 11/17/2016) | |
| 11/21/2016 | 220 | STATEMENT re (177 in 1:16-cv-00236-TDS-JEP) Order,,,, Position Statement by Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS, MARGARET SPELLINGS, UNIVERSITY OF NORTH CAROLINA. Associated Cases: 1:16-cv-00425-TDS-JEP, 1:16-cv-00236-TDS-JEP(FRANCISCO, NOEL) (Entered: 11/21/2016) |
| 11/21/2016 | 221 | JOINT MOTIONTO STAY PROCEEDINGS PENDING THE SUPREME COURTS DECISION IN GLOUCESTER CNTY. SCH. BD. v. G.G. by UNITED STATES OF AMERICA. (VAUGHAN, ARIA) (Entered: 11/21/2016) |
| 11/21/2016 | 222 | STATEMENT REGARDING THE UNITED STATES’ PENDING MOTION FOR PRELIMINARY INJUNCTION by Plaintiff UNITED STATES OF AMERICA. (VAUGHAN, ARIA) (Entered: 11/21/2016) |
| 11/21/2016 | 223 | STATEMENT re 217 Order,,,, Position Statement by Counter Claimants PHIL BERGER, PATRICK MCCRORY, TIM MOORE, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA, Intervenor Defendants PHIL BERGER, TIM MOORE, Defendants PATRICK MCCRORY, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, STATE OF NORTH CAROLINA. (STEWART, WILLIAM) (Entered: 11/21/2016) |
| 11/22/2016 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: JOINT MOTION TO STAY PROCEEDINGS PENDING THE SUPREME COURTS DECISION IN GLOUCESTER CNTY. SCH. BD. v. G.G. ( 182 in 1:16cv236 and 221 in 1:16cv425) Associated Cases: 1:16cv236, 1:16cv425(Engle, Anita) (Entered: 11/22/2016) | |
| 12/16/2016 | TEXT ORDER by JUDGE THOMAS D. SCHROEDER on 12/16/2016. On July 25, 2016, the Court consolidated cases 1:16CV236, 1:16CV425, 1:16CV844 and 1:16CV845 for discovery purposes only. Subsequent to this consolidation, Plaintiffs voluntarily dismissed case 1:16CV844 on July 28, 2016 (Doc. 33) and 1:16CV845 on August 31, 2016 (Doc. 63). However, parties continue to file documents in these closed cases. Therefore, parties are directed that any future filings must be filed in the appropriate case to which it relates and parties should refrain from electing the option to “spread” the docket entry to any unrelated or closed cases. IT IS SO ORDERED. Associated Cases: 1:16cv236, 1:16cv425, 1:16cv844, 1:16cv845 (Engle, Anita) (Entered: 12/16/2016) | |
| 12/16/2016 | 224 | MEMORANDUM ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 12/16/2016, that the motion of Chris Sevier and Elizabeth Ording to intervene (Doc. 130 ) is DENIED. (Daniel, J) (Entered: 12/16/2016) |
| 12/16/2016 | TEXT ORDER by JUDGE THOMAS D. SCHROEDER on 12/16/2016. Before the court are the parties’ Joint Motion to Stay Proceedings Pending the Supreme Court Decision in Gloucester Cnty. Sch. Bd. v. G.G. (Doc. 182 in 1:16CV236 and Doc. 221 in 1:16CV425). All parties agree to a stay of further proceedings pending decision by the U.S. Supreme Court, but the United States seeks a ruling on their Preliminary Injunction motion. UNC Defendants’ Statement (Doc. 180 in 16cv236, Doc. 220 in 16cv425); Legislators’ Statement (Doc. 181 in 16CV236, Doc. 223 in 16cv425); Carcaño Plaintiffs’ Statement (Doc. 184 in 16cv236); United States’ Statement (Doc. 222 in 16cv425). In the interest of judicial economy, upon the agreement of all parties, and for good cause shown, the joint request to stay is GRANTED, and all further proceedings in these cases are STAYED pending disposition of the G.G. case pending in the United States Supreme Court. With the Carcaño Plaintiffs’ agreement, this stay includes further consideration of their due process claims, but the stay does not at this time include the United States’ pending motion. The parties are directed to inform the court immediately upon the resolution of the G.G. case or any other development that will affect the pendency of these cases. Associated Cases: 1:16cv236, 1:16cv425 (Engle, Anita) (Entered: 12/16/2016) | |
| 12/16/2016 | Cases Stayed Pursuant to 12/16/2016 Text Order. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(Powell, Gloria) (Entered: 01/02/2017) | |
| 12/20/2016 | 225 | USCA ORDER dismissing this proceeding for failure to prosecute pursuant to Local Rule 45. USCA Case #16-2120. (Daniel, J) (Entered: 12/20/2016) |
| 12/21/2016 | 226 | RULE 45 MANDATE of USCA. This court’s order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case #16-2120. (Daniel, J) (Entered: 12/21/2016) |
| 12/28/2016 | 227 | Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS by on behalf of PATRICK MCCRORY. (Attachments: # 1 Text of Proposed Order)(STEPHENS, ROBERT) (Entered: 12/28/2016) |
| 12/28/2016 | 228 | MEMORANDUM filed by Counter Claimant PATRICK MCCRORY, Defendant PATRICK MCCRORY re 227 Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS filed by PATRICK MCCRORY. (STEPHENS, ROBERT) (Entered: 12/28/2016) |
| 12/30/2016 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 227 Consent MOTION to Withdraw as Attorney ROBERT C. STEPHENS. (Engle, Anita) (Entered: 12/30/2016) | |
| 01/06/2017 | 229 | ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/6/2017, that the Consent Motion to Withdraw is GRANTED, and the Clerk of Court will remove Robert C. Stephens from the electronic distribution list. (Daniel, J) (Entered: 01/06/2017) |
| 01/17/2017 | 230 | NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (FRANCISCO, NOEL) (Entered: 01/17/2017) |
| 01/17/2017 | 231 | NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (FRANCISCO, NOEL) (Entered: 01/17/2017) |
| 01/17/2017 | 232 | NOTICE by UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (BURNHAM, JAMES) (Entered: 01/17/2017) |
| 01/19/2017 | 233 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff UNITED STATES OF AMERICA, Counter Defendants UNITED STATES OF AMERICA, UNITED STATES OF AMERICA. COREY L. STOUGHTON is substituted as counsel for Plaintiff, Counter Defendants. Attorney COREY L. STOUGHTON terminated. (STOUGHTON, COREY) (Entered: 01/19/2017) |
| 02/01/2017 | 234 | NOTICE of Appearance by attorney THOMAS C. SHANAHAN on behalf of Defendants UNIVERSITY OF NORTH CAROLINA, UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS (SHANAHAN, THOMAS) (Entered: 02/01/2017) |
| 02/23/2017 | 235 | NOTICE by UNITED STATES OF AMERICA re 73 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1)(KEVENEY, SEAN) (Entered: 02/23/2017) |
| 03/02/2017 | 236 | MOTION to Stay Unopposed Motion to Expand Stay to Include the United States’ Motion for Preliminary Injunctive Relief by UNITED STATES OF AMERICA. Response to Motion due by 3/27/2017 (KEVENEY, SEAN) (Entered: 03/02/2017) |
| 03/03/2017 | Motion Submitted to JUDGE THOMAS D. SCHROEDER: 236 Unopposed Motion to Expand Stay to Include the United States’ Motion for Preliminary Injunctive Relief. (Engle, Anita) (Entered: 03/03/2017) | |
| 03/03/2017 | 237 | ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 3/3/2017, that the unopposed motion to expand the stay to include the pending request for a preliminary injunction (Doc. 236 ) is GRANTED, and that all proceedings in this case shall be subject to the stay set forth in this court’s December 16, 2016 Text Order. (Daniel, J) (Entered: 03/03/2017) |
| 03/06/2017 | Motion No Longer Submitted to JUDGE THOMAS D. SCHROEDER: 73 MOTION for Preliminary Injunction. (See 237 Order expanding stay). (Engle, Anita) (Entered: 03/06/2017) | |
| 03/22/2017 | 238 | NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendant NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (VYSOTSKAYA DE BRITO, OLGA) (Entered: 03/22/2017) |
| 03/22/2017 | 239 | NOTICE of Appearance by attorney AMAR MAJMUNDAR on behalf of Defendant NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (MAJMUNDAR, AMAR) (Entered: 03/22/2017) |
| 03/22/2017 | 240 | AMENDED DOCUMENT by NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. Amendment to 238 Notice of Appearance Amended Certificate of Service. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 03/22/2017) |
| 03/22/2017 | 241 | Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS by on behalf of PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (Attachments: # 1 Text of Proposed Order) (STEWART, WILLIAM) Modified on 3/22/2017 to add filing party per p/c from attorney. (Sheets, Jamie) (Entered: 03/22/2017) |
| 03/22/2017 | 242 | MEMORANDUM filed by Counter Claimants PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendants PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY re 241 Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS filed by PATRICK MCCRORY, STATE OF NORTH CAROLINA, NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. (STEWART, WILLIAM) Modified on 3/22/2017 to add filing party per p/c from attorney. (Sheets, Jamie) (Entered: 03/22/2017) |
| 03/23/2017 | Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 241 Consent MOTION to Withdraw as Attorney WILLIAM WOODLEY STEWART, JR KARL S. BOWERS, JR., ROBERT N. DRISCOLL, FRANK J. GORDON, B. TYLER BROOKS. (Engle, Anita) (Entered: 03/23/2017) | |
| 03/24/2017 | 243 | ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/24/2017, that the Motion to Withdraw as Counsel (Doc. 241 ) is GRANTED. (Daniel, J) (Entered: 03/24/2017) |
| 03/24/2017 | ***Attorneys Karl S. Bowers, Jr., Robert N. Driscoll, William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks terminated. (Daniel, J) (Entered: 03/24/2017) | |
| 03/28/2017 | 244 | STATUS REPORT by PHIL BERGER, TIM MOORE, PHILLIP BERGER. Associated Cases: 1:16-cv-00236-TDS-JEP, 1:16-cv-00425-TDS-JEP(DUNCAN, STUART) (Entered: 03/28/2017) |
| 04/14/2017 | 245 | NOTICE of Voluntary Dismissal of case by Plaintiff UNITED STATES OF AMERICA (PHOENIX, CANDYCE) (Entered: 04/14/2017) |
Last updated 04/22/2021
Reconciled with online docket 05/13/2017