American Civil Liberties Union of North Carolina et al v. Conti, Jr. et al

Filing 18

ORDER denying as moot 7 Motion for Temporary Restraining Order. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 9/19/2011. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:11-CV-470-F

AMERICAN CIVIL LIBERTIES UNION
OF NORTH CAROLINA,
DEAN DEBNAM,
CHRISTOPHER HEANEY,
SUSAN HOLLIDAY, CNM, MSN, and
MARIA MAGHER,

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Plaintiffs,

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v.

ORDER

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EUGENE A. CONTI, JR., in his official

capacity as Secretary of North Carolina
Department of Transportation, MICHAEL
ROBERTSON, in his official capacity as
Commissioner of the North Carolina
Division of Motor Vehicles, and
MICHAEL GILCHRIST, in his official
capacity as Colonel of the North Carolina
State Highway Patrol,

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Defendants.

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Plaintiffs initiated this action by filing a Verified Complaint [DE-I], Motion for
Temporary Restraining Order [DE-7], and Motion for Preliminary Injunction [DE-8] in this court
on September 8, 2011. The undersigned has been informed that the parties have since reached a
written agreement that Defendants will maintain the status quo by not manufacturing "Choose
Life" license plates while the Plaintiffs' Motion for Preliminary Injunction [DE-8] is pending
before the court. Plaintiffs' Motion for Temporary Restraining Order [DE-7] is therefore
DENIED as moot.

By request of the parties, Defendants' memorandum in response to the Motion for
Preliminary Injunction is due on or before November 7, 2011. Plaintiffs' reply, if any, shall be
filed no later than 14 days after service of Defendants' response or November 21, 2011,
whichever is earlier. The Clerk of Court is DIRECTED to schedule a hearing on Plaintiffs'
Motion for Preliminary Injunction on December 1,2011, at 9:30 a.m., in Courtroom 1, at the
Alton Lennon Federal Building in Wilmington, North Carolina.
Counsel for Plaintiffs shall cause this order to be served on counsel for Defendants on or
before September 23, 2011.
SO ORDERED.
A
This the
day of September, 2011.

--l!!-

es C. Fox
enior United States District Judge

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