• Abstract and Figures
• Public Full-text

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DEMOCRACY NORTH CAROLINA, THE LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, JOHN P. CLARK, MARGARET B. CATES, LELIA BENTLEY, REGINA WHITNEY EDWARDS, ROBERT K. PRIDDY II, WALTER HUTCHINS, AND SUSAN SCHAFFER, Plaintiffs, v. THE NORTH CAROLINA STATE BOARD OF ELECTIONS; DAMON CIRCOSTA, in his official capacity as CHAIR OF THE STATE BOARD OF ELECTIONS; STELLA Civil Action No. 20-cv-00457 ANDERSON, in her official capacity as SECRETARY OF THE STATE BOARD OF ELECTIONS; KEN RAYMOND, in his official REPUBLICAN capacity as MEMBER OF THE STATE BOARD COMMITTEES’ MOTION OF ELECTIONS; JEFF CARMON III, in his FOR RECONSIDERATION OF official capacity as MEMBER OF THE STATE COURT’S JUNE 24, 2020 BOARD OF ELECTIONS; DAVID C. BLACK, in ORDER (DKT. NO. 48) AND his official capacity as MEMBER OF THE ALTERNATIVE MOTION STATE BOARD OF ELECTIONS; KAREN FOR LEAVE TO FILE AMICI BRINSON BELL, in her official capacity as CURIAE BRIEF EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS; THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; J. ERIC BOYETTE, in his official capacity as TRANSPORTATION SECRETARY; THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; MANDY COHEN, in her official capacity as SECRETARY OF HEALTH AND HUMAN SERVICES, Defendants, Case 1:20-cv-00457-WO-JLW Document 52 Filed 06/26/20 Page 1 of 4 and PHILIP E. BERGER, in his official capacity as PRESIDENT PRO TEMPORE OF THE NORTH CAROLINA SENATE; AND TIMOTHY K. MOORE, in his official capacity as SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, Intervenor-Defendants. MOTION FOR RECONSIDERATION AND ALTERNATIVE MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF Pursuant to Fed. R. Civ. P. 54(b), Proposed Intervenor-Defendants the Republican National Committee (“RNC”), National Republican Senatorial Committee (“NRSC”), National Republican Congressional Committee (“NRCC”), and North Carolina Republican Party (“NCRP”) (collectively the “Republican Committees”) move for reconsideration of the court’s June 24, 2020 order denying the Republican Committees’ motion to intervene. The Republican Committees respectfully request that the motion be granted for the reasons stated in the accompanying memorandum in support of this motion, which is attached as Exhibit A. The Republican Committees submit this motion in accordance with the preliminary injunction briefing scheduled entered by the Court. See Order (June 18, 2020) (Dkt. No. 29). Alternatively, should the Court deny the motion for reconsideration, the Republican Committees request leave to file a brief as amici curiae in opposition to Plaintiffs’ amended motion for a preliminary injunction. The Republican Committees make this request, which is supported by the accompanying memorandum, in accordance with L.R. 7.5 and the 2 Case 1:20-cv-00457-WO-JLW Document 52 Filed 06/26/20 Page 2 of 4 Court’s June 24, 2020 order, which provides that “[t]he court will consider, at the appropriate time, whether Proposed Intervenors and any other interested non-parties should be allowed to participate by filing timely amicus curiae briefs consistent with Federal Rule of Civil Procedure 1.” Order at 7 (June 24, 2020) (Dkt. No. 48). Dated: June 26, 2020 Respectfully submitted, /s/ Bobby R. Burchfield Bobby R. Burchfield (pro hac vice pending) Matthew M. Leland (pro hac vice pending) King & Spalding LLP 1700 Pennsylvania Avenue, N.W. Suite 200 Washington, D.C. 20006 Telephone: (202) 626-5524 [email protected] [email protected] R. Scott Tobin (N.C. Bar No. 34317) Taylor English Duma LLP 4208 Six Forks Road, Suite 1000 Raleigh, North Carolina 27609 Telephone: (404) 640-5951 Email: [email protected] Counsel for the Republican Committees 3 Case 1:20-cv-00457-WO-JLW Document 52 Filed 06/26/20 Page 3 of 4 CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that, on June 26, 2020, I electronically filed the foregoing Motion for Reconsideration and Alternative Motion for Leave to File Amici Curiae Brief and Proposed Orders with the Clerk of the Court using the CM/ECF system. /s/ Bobby R. Burchfield Bobby R. Burchfield Case 1:20-cv-00457-WO-JLW Document 52 Filed 06/26/20 Page 4 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DEMOCRACY NORTH CAROLINA, THE LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, JOHN P. CLARK, MARGARET B. CATES, LELIA BENTLEY, REGINA WHITNEY EDWARDS, ROBERT K. PRIDDY II, WALTER HUTCHINS, AND SUSAN SCHAFFER, Civil Action No. 20-cv-00457 Plaintiffs, v. [PROPOSED] ORDER THE NORTH CAROLINA STATE BOARD GRANTING MOTION FOR OF ELECTIONS; DAMON CIRCOSTA, in his RECONSIDERATION official capacity as CHAIR OF THE STATE BOARD OF ELECTIONS; STELLA ANDERSON, in her official capacity as SECRETARY OF THE STATE BOARD OF ELECTIONS; KEN RAYMOND, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; JEFF CARMON III, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; DAVID C. BLACK, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; KAREN BRINSON BELL, in her official capacity as EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS; THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; J. ERIC BOYETTE, in his official capacity as TRANSPORTATION SECRETARY; THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; MANDY COHEN, in her official capacity as SECRETARY OF HEALTH AND HUMAN SERVICES, Defendants, Case 1:20-cv-00457-WO-JLW Document 52-1 Filed 06/26/20 Page 1 of 2 and PHILIP E. BERGER, in his official capacity as PRESIDENT PRO TEMPORE OF THE NORTH CAROLINA SENATE; AND TIMOTHY K. MOORE, in his official capacity as SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, Intervenors, and REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, AND REPUBLICAN PARTY OF NORTH CAROLINA, Proposed Republican Committee Intervenors. It is hereby ORDERED that Proposed Republican Committee Intervenors’ Motion for Reconsideration of the June 24, 2020 Order denying Proposed Intervenors’ Motion to Intervene is GRANTED. It is further ORDERED that the Motion to Intervene is hereby GRANTED. SO ORDERED. DATED: ________________ _______________________ William L. Osteen, Jr. United States District Judge Case 1:20-cv-00457-WO-JLW Document 52-1 Filed 06/26/20 Page 2 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DEMOCRACY NORTH CAROLINA, THE LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, JOHN P. CLARK, MARGARET B. CATES, LELIA BENTLEY, REGINA WHITNEY EDWARDS, ROBERT K. PRIDDY II, WALTER HUTCHINS, AND SUSAN SCHAFFER, Civil Action No. 20-cv-00457 Plaintiffs, v. [PROPOSED] ORDER THE NORTH CAROLINA STATE BOARD GRANTING MOTION FOR OF ELECTIONS; DAMON CIRCOSTA, in his LEAVE TO FILE AMICI official capacity as CHAIR OF THE STATE CURIAE BRIEF BOARD OF ELECTIONS; STELLA ANDERSON, in her official capacity as SECRETARY OF THE STATE BOARD OF ELECTIONS; KEN RAYMOND, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; JEFF CARMON III, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; DAVID C. BLACK, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; KAREN BRINSON BELL, in her official capacity as EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS; THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; J. ERIC BOYETTE, in his official capacity as TRANSPORTATION SECRETARY; THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; MANDY COHEN, in her official capacity as SECRETARY OF HEALTH AND HUMAN SERVICES, Defendants, and Case 1:20-cv-00457-WO-JLW Document 52-2 Filed 06/26/20 Page 1 of 2 PHILIP E. BERGER, in his official capacity as PRESIDENT PRO TEMPORE OF THE NORTH CAROLINA SENATE; AND TIMOTHY K. MOORE, in his official capacity as SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, Intervenors. It is hereby ORDERED that Proposed Republican Committee Intervenors’ Motion for Reconsideration of Order Denying Intervention is hereby DENIED. It is further ORDERED that the Republican Committees’ Motion for Leave to File Brief as Amici Curiae in response to Plaintiffs’ Amended Motion for a Preliminary Injunction is GRANTED. SO ORDERED. DATED: ________________ _______________________ William L. Osteen, Jr. United States District Judge Case 1:20-cv-00457-WO-JLW Document 52-2 Filed 06/26/20 Page 2 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DEMOCRACY NORTH CAROLINA, THE LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DONNA PERMAR, JOHN P. CLARK, MARGARET B. CATES, LELIA BENTLEY, REGINA WHITNEY EDWARDS, ROBERT K. PRIDDY II, WALTER HUTCHINS, AND SUSAN SCHAFFER, Civil Action No. 20-cv-457 Plaintiffs, vs. THE NORTH CAROLINA STATE BRIEF OF AMICI CURIAE BOARD OF ELECTIONS; DAMON REPUBLICAN COMMITTEES CIRCOSTA, in his official capacity as CHAIR OF THE STATE BOARD OF ELECTIONS; STELLA ANDERSON, in her official capacity as SECRETARY OF THE STATE BOARD OF ELECTIONS; KEN RAYMOND, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; JEFF CARMON III, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; DAVID C. BLACK, in his official capacity as MEMBER OF THE STATE BOARD OF ELECTIONS; KAREN BRINSON BELL, in her official capacity as EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS; THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; J. ERIC BOYETTE, in his official capacity as TRANSPORTATION SECRETARY; THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; MANDY COHEN, Case 1:20-cv-00457-WO-JLW Document 52-3 Filed 06/26/20 Page 1 of 38 in her official capacity as SECRETARY OF HEALTH AND HUMAN SERVICES, Defendants, and PHILIP E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate, and TIMOTHY K. MOORE, in his official capacity as Speaker of the North Carolina House of Representatives, Intervenors.

Load more

  106

Copy Link