Conley et al v. Hirsch et al Do not docket in this case - all docketing should be in the lead case 5:24-CV-731.
| North Carolina Eastern District Court | |
| Judge: | Richard E Myers, II |
| Referred: | Robert B Jones, Jr |
| Case #: | 5:25-cv-00193 |
| Nature of Suit | 441 Civil Rights - Voting |
| Cause | 28:1331 Fed. Question: Civil Rights Violation |
| Case Filed: | Apr 14, 2025 |
| Terminated: | May 05, 2025 |
| Last checked: Monday Apr 14, 2025 4:12 AM EDT |
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Defendant
Karen Brinson Bell
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Defendant
Jeff Carmon
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Defendant
Stacy "Four" Eggers IV
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Defendant
Allen Hirsch
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Defendant
Kevin N. Lewis
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Defendant
Siobhan ODuffy Millen
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Plaintiff
Gabriela Adler-Espino
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Represented By
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Plaintiff
Carrie Conley
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Represented By
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Plaintiff
Ella Kromm
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Represented By
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Plaintiff
League of Women Voters of North Carolina
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Represented By
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Plaintiff
Lockhart Webb
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Represented By
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| Docket last updated: 87 minutes ago |
| Monday, May 05, 2025 | ||
| 21 | 21
order
Judgment
Mon 05/05 7:16 PM
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the 1. Retroactive invalidation of absentee ballots cast by overseas military and civilian voters violates those voters' substantive due process rights; 2. The cure process violates the equal protection rights of overseas military and civilian voters; and 3. The lack of any notice or opportunity for eligible voters to contest their mistaken designation as Never Residents violates procedural due process and represents an unconstitutional burden on the right to vote. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the State Board SHALL NOT take any action in furtherance of the North Carolina Court of Appeals and Supreme Court's orders in Griffin v. N Carolina State Bd. of Elections, No. COA25-181, 2025 WL 1021724 (N.C. Ct. App. Apr. 4, 2025) and Griffin v. N Carolina State Bd. of Elections, No. 320P24-3, 2025 WL 1090903 (N.C. Apr. 11, 2025); The State Board SHALL certify the results of the election for Seat 6 based on the tally at the completion of the canvassing period on December 10, 2024; Judge Griffin's petitions for judicial review [DE 1-4; DE 1-12] are DENIED; Judge Griffin's motions for injunctive relief [DE 1-5; DE 1-13] are DENIED; Justice Riggs' motion for injunctive relief [DE-37] is GRANTED; The VoteVets Action Fund Parties' motion for summary judgment [DE 86] is GRANTED. The NCDP's request for injunctive relief [DE 78] is GRANTED; The Conley Plaintiffs' request for a permanent injunction [DE 82] is GRANTED. FINAL JUDGMENT IS ENTERED, In Griffin II, judgment is ENTERED in favor of the State Board, Justice Riggs, and the VoteVets Action Fund Parties as to the issues identified in Findings 1, 2, and 3; In NCDP, judgment is ENTERED in favor of the NCDP as to the issues identified in Findings 1, 2, and 3; and In Conley, judgment is ENTERED in favor of the Conley Plaintiffs as to the issues identified in Findings 1 and 2. The court's order is STAYED for 7 days, so that Judge Griffin may pursue an appeal if he so chooses. Signed by Peter A. Moore, Jr., Clerk of Court and Susan Edwards, Deputy on 5/5/2025. (Edwards, S.) |
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pgs
order
Order
Mon 05/05 7:13 PM
ORDER granting DE-85 Motion for Leave to File; granting DE-86 Motion for Summary Judgment; granting DE-98 Motion for Leave to File; denying DE-114 Motion to Amend in lead case 5:24-CV-731-M. Counsel is reminded to read the order in its entirety for critical information and deadlines. Signed by Chief Judge Richard E. Myers II on 5/5/2025. (Edwards, S.) |
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| Friday, May 02, 2025 | ||
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misc
Amicus Curiae Appearance
Fri 05/02 11:56 PM
Amicus Curiae APPEARANCE entered by Adam Carroll Draper on behalf of Jay Norman Delancy Associated Cases: 5:24-cv-00731-M-RJ, 5:24-cv-00547-M-RJ, 5:24-cv-00699-M-KS, 5:25-cv-00193-M-RJ (Draper, Adam) |
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| Tuesday, April 15, 2025 | ||
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appeal
USCA Case Number
Wed 04/16 9:01 AM
US Court of Appeals Case Number 25-1401 (Rachel Phillips, Case Manager) as to16 Notice of Interlocutory Appeal filed by Ella Kromm, Lockhart Webb, League of Women Voters of North Carolina, Gabriela Adler-Espino, Carrie Conley, Notice of Interlocutory Appeal filed by Ella Kromm, Lockhart Webb, League of Women Voters of North Carolina, Gabriela Adler-Espino, Carrie Conley. (Foell, S.) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Tue 04/15 3:48 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding16 Notice of Interlocutory Appeal. (Foell, S.) |
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appeal
Notice of Appeal - Interlocutory
Tue 04/15 11:33 AM
Notice of Interlocutory Appeal filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. Filing fee, receipt number ANCEDC-8068893. (Marsden, Jessica) |
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| Monday, April 14, 2025 | ||
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notice
Notice of Appearance
Mon 04/14 3:15 PM
Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) |
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service
Waiver of Service Executed
Mon 04/14 3:15 PM
Waiver of Service Returned Executed filed by Ella Kromm, Lockhart Webb, Gabriela Adler-Espino, Carrie Conley, League of Women Voters of North Carolina. All Defendants. (Marsden, Jessica) |
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respm
Proposed Order
Mon 04/14 2:09 PM
Proposed Order regarding11 MOTION for Temporary Restraining Order by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Marsden, Jessica) |
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pgs
respoth
Memorandum in Support
Mon 04/14 2:08 PM
Memorandum in Support regarding11 MOTION for Temporary Restraining Order filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Marsden, Jessica) |
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Att: 1
Exhibit Exhibit List,
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Att: 2
Exhibit Declaration of Carrie Conley,
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Att: 3
Exhibit Declaration of Lockhart Webb,
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Att: 4
Exhibit Declaration of Ella Kromm,
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Att: 5
Exhibit Declaration of Jennifer Rubin,
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Att: 6
Exhibit Declaration of Alana Pierce,
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Att: 7
Exhibit Expert Report of Christopher A. Cooper,
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Att: 8
Exhibit Declaration of Hayden Johnson,
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Att: 9
Exhibit Declaration of Gabriela Adler-Espino
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motion
Temporary Restraining Order
Mon 04/14 1:59 PM
MOTION for Temporary Restraining Order filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Marsden, Jessica) |
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| 10 | 10
service
Summons Issued
Mon 04/14 12:32 PM
Summons Issued as to Karen Brinson Bell, Jeff Carmon, Stacy Eggers, IV, Allen Hirsch, Kevin N. Lewis, Siobhan ODuffy Millen. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
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notice
Notice of Related Case
Mon 04/14 3:29 AM
Notice of Related Case filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb . (Marsden, Jessica) |
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notice
Notice-other
Mon 04/14 3:28 AM
Notice filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb Proposed Summonses . (Marsden, Jessica) |
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| 7 | 7
misc
Financial Disclosure Statement
Mon 04/14 3:25 AM
Financial Disclosure Statement by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb (Marsden, Jessica) |
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| 6 | 6
misc
Financial Disclosure Statement
Mon 04/14 3:24 AM
Financial Disclosure Statement by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb (Marsden, Jessica) |
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| 5 | 5
misc
Financial Disclosure Statement
Mon 04/14 3:24 AM
Financial Disclosure Statement by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb (Marsden, Jessica) |
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misc
Financial Disclosure Statement
Mon 04/14 3:23 AM
Financial Disclosure Statement by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb (Marsden, Jessica) |
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misc
Financial Disclosure Statement
Mon 04/14 3:22 AM
Financial Disclosure Statement by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb (Marsden, Jessica) |
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| 2 | 2
notice
Notice-other
Mon 04/14 3:19 AM
Notice filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb Civil Cover Sheet . (Marsden, Jessica) |
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| 1 | 1
cmp
Complaint
Mon 04/14 3:16 AM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ANCEDC-8065467.), filed by Ella Kromm, Lockhart Webb, Gabriela Adler-Espino, Carrie Conley, League of Women Voters of North Carolina. (Marsden, Jessica) |
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order
Order Reassigning Case
Mon 04/14 11:47 AM
TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to Chief United States District Judge Richard E. Myers II for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future filings should reflect the revised case number of 5:25-CV-193-M. Signed by Peter A. Moore, Jr., Clerk of Court on 4/14/2025. (Hockaday, A.) |
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utility
Motion Submitted
Mon 04/14 3:36 PM
Motion Submitted to Chief Judge Richard E. Myers II regarding11 MOTION for Temporary Restraining Order . (Edwards, S.) |
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utility
Remark
Mon 04/14 3:39 PM
Submitted the9 Notice of Related Case to Chief Judge Richard E. Myers II. (Edwards, S.) |
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order
Order on Motion for TRO
Mon 04/14 5:24 PM
TEXT ORDER: This matter comes before the court on Plaintiff's motion for temporary restraining order [DE 11]. Pursuant to the court's authority under the All Writs Act, the motion is GRANTED IN PART. Defendants are ORDERED to proceed in accordance with the North Carolina Court of Appeals opinion, Griffin v. N.C. State Bd. of Elections, No. COA25-181, 2025 WL 1021724 (N.C. Ct. App. Apr. 4, 2025), as modified by the North Carolina Supreme Court in its April 11 Order, but SHALL NOT certify the results of the election, pending further order of this court. Entered by Chief Judge Richard E. Myers II on 4/14/2025. (Edwards, S.) |
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order
Text Order
Mon 04/14 5:46 PM
TEXT ORDER: This matter comes before the court sua sponte. Finding that Case Nos. 5:24-CV-731-M, 5:24-CV-699-M, and 5:25-CV-193-M "involve... common question[s] of law or fact," the court ORDERS that the actions are consolidated to promote judicial economy. Fed. R. Civ. P. 42(a). All future pleadings, motions, and other documents shall be filed with a triple caption and filed on the docket in case number 5:24-CV-00731-M. As reflected in the court's April 12 Text Order in Case No. 5:24-CV-00731-M, the court intends to resolve Plaintiff Jefferson Griffin's pending motions for injunctive relief as soon as practicable. To that end, all parties to this (now) consolidated action may participate in the briefing schedule set forth by the court in its April 12 Text Order. Entered by Chief Judge Richard E. Myers II on 4/14/2025. (Edwards, S.) |
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appeal
Notice of Appeal - Interlocutory
Tue 04/15 9:57 AM
Notice of Interlocutory Appeal filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Filing fee paid in 5:24-CV-731-M. - cases consolidated) (Foell, S.) |
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