North Carolina Eastern District Court
Judge:James C Dever, III
Case #: 4:20-cv-00081
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Fed. Question
Case Filed:May 14, 2020
Terminated:Jun 03, 2020
Last checked: Tuesday Nov 10, 2020 3:22 AM EST
Defendant
Governor Roy A. Cooper, III
in his official capacity North Carolina Office of the Governor 20301 Mail Service Center
Raleigh, NC 27699
Represented By
Ryan Young Park
North Carolina Department Of Justice
contact info
Plaintiff
Ronnie Baity
4135 Thomasville RD 27107
Winston Salem, NC 27107
Represented By
Jonathan D. Gibbs
Gibbs & Associates Law Firm, LLC
contact info
Deborah J. Dewart
Deborah J. Dewart, Attorney At Law
contact info
Plaintiff
Berean Baptist Church
4135 Thomasville Road 27107 (336)785-0527
Winston Salem, NC 27107
Represented By
Jonathan D. Gibbs
Gibbs & Associates Law Firm, LLC
contact info
Deborah J. Dewart
Deborah J. Dewart, Attorney At Law
contact info
Plaintiff
People's Baptist Church Inc.
1621 Greenville Blvd SW
Greenville, NC 27834
Represented By
Jonathan D. Gibbs
Gibbs & Associates Law Firm, LLC
contact info
Deborah J. Dewart
Deborah J. Dewart, Attorney At Law
contact info
Plaintiff
Return America Inc
PO Box 380
Wallburg, NC 27373
Represented By
Jonathan D. Gibbs
Gibbs & Associates Law Firm, LLC
contact info
Deborah J. Dewart
Deborah J. Dewart, Attorney At Law
contact info

Docket last updated: 7 hours ago
Wednesday, June 17, 2020
22 22 misc Transcript Wed 06/17 10:55 AM
OFFICIAL TRANSCRIPT of Proceedings held on May 15, 2020, before Judge James C. Dever III. Court Reporter/Transcriber Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's[LINK:website] Redaction Request due 7/11/2020. Redacted Transcript Deadline set for 7/21/2020. Release of Transcript Restriction set for 9/18/2020. (Condon, A.)
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notice Notice of Filing of Official Transcript Wed 06/17 10:56 AM
NOTICE of Filing of Official Transcript22 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.)
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Wednesday, June 03, 2020
21 21 2 pgs order Order Wed 06/03 2:39 PM
ORDER - The court ADOPTS its findings of fact in its May 16, 2020 order [D.E. 18], GRANTS plaintiffs' voluntary dismissal without prejudice concerning injunctive relief [D.E. 19], GRANTS plaintiffs' voluntary dismissal without prejudice concerning all claims for declaratory and injunctive relief, and GRANTS plaintiffs' motion to retain jurisdiction during the state of emergency. Signed by District Judge James C. Dever III on 6/3/2020. (Sellers, N.)
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Tuesday, May 26, 2020
20 20 notice Notice of Voluntary Dismissal Tue 05/26 4:57 PM
Notice of Voluntary Dismissal filed by Ronnie Baity, Berean Baptist Church, People's Baptist Church Inc., Return America Inc as to Cooper. (Gibbs, Jonathan)
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Att: 1 Exhibit Exhibit A: EO 141,
Att: 2 Text of Proposed Order Proposed Order
Thursday, May 21, 2020
19 19 3 pgs notice Notice of Voluntary Dismissal Thu 05/21 4:13 PM
Notice of Voluntary Dismissal filed by Ronnie Baity, Berean Baptist Church, People's Baptist Church Inc., Return America Inc as to Roy Cooper. (Gibbs, Jonathan)
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Monday, May 18, 2020
utility Set/Reset Hearings Mon 05/18 8:45 AM
**** Set Hearing: Hearing on Motion for Preliminary Injunction set for 5/29/2020 at 11:00 AM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. (Sellers, N.)
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Saturday, May 16, 2020
18 18 22 pgs order Order on Motion for TRO Sat 05/16 2:24 PM
ORDER granting2 Motion for Temporary Restraining Order. Signed by District Judge James C. Dever III on 5/16/2020. (Hayes, Lyndsay)
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Friday, May 15, 2020
17 17 misc Declaration Fri 05/15 4:10 PM
Declaration of Elizabeth Tilson by Roy A. Cooper, III (Park, Ryan)
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16 16 notice Notice of Appearance Fri 05/15 4:08 PM
Notice of Appearance filed by Ryan Young Park on behalf of Roy A. Cooper, III. (Park, Ryan)
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15 15 minutes Motion Hearing Fri 05/15 2:21 PM
Minute Entry for proceedings held before District Judge James C. Dever III in Raleigh: Counsel for plaintiffs and defendant present. Motion Hearing held on 5/15/2020 regarding2 MOTION for Temporary Restraining Order filed by People's Baptist Church Inc., Return America Inc, Berean Baptist Church, Ronnie Baity. Opening remarks by the court. Argument by counsel for the plaintiffs and defendant - rebuttal argument by counsel for the plaintiffs. Court takes this matter under advisement - written order to follow. (Court Reporter Amy Condon) (Jenkins, C.)
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14 14 notice Notice of Appearance Fri 05/15 12:58 PM
Notice of Appearance filed by Deborah J. Dewart on behalf of All Plaintiffs. (Dewart, Deborah)
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13 13 service Summons Issued Fri 05/15 9:32 AM
Summons Issued as to Roy A. Cooper, III. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.)
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12 12 1 pgs order Order Setting Hearing on Motion Fri 05/15 8:11 AM
ORDER Setting Hearing on Motion2 MOTION for Temporary Restraining Order: Motion Hearing set for 5/15/2020 at 01:00 PM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever III on 5/14/2020. (Sellers, N.)
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Thursday, May 14, 2020
11 11 1 pgs order Order Setting Hearing on Motion Thu 05/14 8:28 PM
ORDER Setting Hearing on Motion2 MOTION for Temporary Restraining Order : Motion Hearing set for 5/15/2020 at 01:00 PM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III.. Signed by District Judge James C. Dever, III on 5/14/2020. (Moore, P. )
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10 10 misc Financial Disclosure Statement Thu 05/14 12:40 PM
Financial Disclosure Statement by Return America Inc (Gibbs, Jonathan)
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9 9 misc Financial Disclosure Statement Thu 05/14 12:39 PM
Financial Disclosure Statement by People's Baptist Church Inc. (Gibbs, Jonathan)
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8 8 misc Financial Disclosure Statement Thu 05/14 12:38 PM
Financial Disclosure Statement by Berean Baptist Church (Gibbs, Jonathan)
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7 7 notice Notice of Appearance Thu 05/14 12:37 PM
Notice of Appearance filed by Jonathan D. Gibbs on behalf of All Plaintiffs. (Gibbs, Jonathan)
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6 6 notice Notice of Appearance Thu 05/14 12:36 PM
Notice of Appearance filed by Jonathan D. Gibbs on behalf of All Plaintiffs. (Gibbs, Jonathan)
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5 5 notice Notice of Appearance Thu 05/14 12:35 PM
Notice of Appearance filed by Jonathan D. Gibbs on behalf of All Plaintiffs. (Gibbs, Jonathan)
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4 4 notice Notice of Appearance Thu 05/14 12:34 PM
Notice of Appearance filed by Jonathan D. Gibbs on behalf of All Plaintiffs. (Gibbs, Jonathan)
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3 3 motion Temporary Restraining Order Thu 05/14 12:33 PM
MEMORANDUM IN SUPPORT regarding2 Temporary Restraining Order Memo in support filed by Ronnie Baity, Berean Baptist Church, People's Baptist Church Inc., Return America Inc. (Gibbs, Jonathan) Modified on 5/14/2020 to reflect correct event. (Rudd, D.)
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2 2 motion Temporary Restraining Order Thu 05/14 12:28 PM
MOTION for Temporary Restraining Order filed by Ronnie Baity, Berean Baptist Church, People's Baptist Church Inc., Return America Inc. (Gibbs, Jonathan)
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1 1 18 pgs cmp Complaint Thu 05/14 12:23 PM
COMPLAINT Verified against All Defendants (Filing fee $ 400.), filed by People's Baptist Church Inc., Berean Baptist Church, Ronnie Baity, Return America Inc. (Gibbs, Jonathan) Modified on 5/14/2020 to describe exhibits. (Rudd, D.)
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Att: 1 Exhibit 1- Executive Order #116 dated 3/10/2020,
Att: 2 Exhibit 2- Executive Order #117 dated 3/14/2020,
Att: 3 Exhibit 3- Executive Order #120 dated 3/23/2020,
Att: 4 Exhibit 4- Executive Order #121 dated 3/27/2020,
Att: 5 Exhibit 5- Executive Order #135 dated 4/23/2020,
Att: 6 Exhibit 6- Executive Order #138 dated 5/5/2020,
Att: 7 Exhibit Exhibit 7- Letter dated 5/11/2020 from the Office of the Governor,
Att: 8 Civil Cover Sheet Civil Cover Sheet,
Att: 9 Proposed Summons Summons
misc Filing Fee Received Thu 05/14 2:29 PM
Filing fee received: $ 400.00, receipt number RAL078571 (Sellers, N.)
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notice Notice to Counsel Thu 05/14 4:41 PM
Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. (Rudd, D.)
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notice Notice to Counsel Thu 05/14 4:45 PM
Notice to Counsel - All Counsel shall file their own Notice of Appearance or Notice of Special Appearance pursuant to Local Civil Rule 5.2(a) and Local Civil Rule 83.1(e). (Rudd, D.)
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notice Notice to Counsel Thu 05/14 4:48 PM
Notice to Counsel - Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" the civil cover sheet and the proposed summons prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
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utility Remark Thu 05/14 8:35 PM
Remark - Docket entry #11 emailed to Ryan Park. (admin1, )
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