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

Filing 79

ORDER denying as moot 62 Motion for Attorney Fees and Costs and Motion to Supplement. Defendants' unopposed 78 Motion to Stay is allowed, and the Plaintiffs' 75 Motion for Attorney Fees and Costs is stayed. The parties are reminded to read the order in its entirety for critical deadlines. Signed by Senior Judge James C. Fox on 3/10/2014. (Grady, B.)

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.

ANTHONY TATA, in his official capacity
as Secretary of North Carolina Department
of Transportation,
JAMES FORTE, 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,

ORDER

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Defendants.

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This matter is before the court on the Motion for Stay of Plaintiffs' Supplemental Motion
for Attorneys' Fees and Costs and Motion to Supplement Pending Appeal [DE-78 ] filed by
Defendants Anthony Tata and James Forte, in their official capacities as Secretary of the North
Carolina Department of Transportation and Commissioner of the North Carolina Division of
Motor Vehicles, respectively. Defendants seek the stay of Plaintiffs' Supplemental Motion for
Attorneys' Fees and Costs and Motion to Supplement [DE-75] pending the Defendants' appeal of
an adverse decision of the United States Court of Appeals for the Fourth Circuit, filed February
11, 2014. Defendants indicate that Plaintiffs do not object to the motion to stay.

Because the Supplemental Motion for Attorney's Fees and Costs and Motion to
Supplement [DE-75] appears to supersede Plaintiffs' earlier Motion for Attorney Fees and Costs
and Motion to Supplement [DE-62], the previous motion is DENIED without prejudice as
MOOT. Defendants' unopposed Motion for Stay [DE-7 8] is ALLOWED, and the Plaintiffs'
Motion for Attorneys' Fees and Costs [DE-75] is hereby STAYED. Defendants are to promptly
notify opposing Counsel and this Court of a decision not to appeal and respond to the instant
Motion within ten (1 0) days of said decision. In the event the United States Supreme Court
denies Defendants' Certiorari Petition, Defendants shall respond to the instant Motion within ten
( 10) days of said denial.

SO ORDERED.
/A-

This the _jp_ day of March, 2014.

nior United States District Judge

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