United States of America v. State of North Carolina

Filing 40

ORDER granting 39 Motion to Enter Third Modification of Settlement Agreement. Signed by District Judge James C. Dever III on 3/1/2021. (Sellers, N.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

THE UNITED STATES OF AMERICA,
Plaintiff,
Case No. 5: 12-cv-557-D

V.

STATE OF NORTH CAROLINA,
Defendant.

; CONSENT ORDER ENTERING
THIRD MODIFICATION OF SETTLEMENT AGREEMENT

Having considered the Joint Motion to Enter Third Modification of Settlement
Agreement ("Joint Motion"), D.E. 39, the Court hereby GRANTS the Joint Motion and
specifically retains jurisdiction to enforce the 2012 Settlement Agreement, D.E. 2-2, as modified
in 2017, D.E. 30-1, and in 2020, D.E. 36-1, and as further modified by the instant Third
Modification of Settlement Agreement filed on March 1, 2021 as Attachment A to the Joint
Motion, incorporated here by reference.

SO ORDERED this _I_ day of

N.. o,,,,ch

, 2021.

_ United States District Judge

Case 5:12-cv-00557-D Document 40 Filed 03/01/21 Page 1 of 4

ATTACHMENT A

Case 5:12-cv-00557-D Document 40 Filed 03/01/21 Page 2 of 4

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

THE UNITED STA TES OF AMERICA,
Plaintiff,

v.

Case No. 5:12-cv-557-D

STATE OF NORTH CAROLINA,
Defendant.

THIRD MODIFICATION OF SETTLEMENT AGREEMENT
I.

This document modifies the Settlement Agreement ("Agreement") in the above-referenced .
matter between the United States and the State of North Carolina (collectively, the
"Parties"). Details of the Agreement and subsequent. modifications thereto are set forth in
the Second Modification of Settlement Agreement that the Parties filed on October 21,
2020, D.E. 36-1, and are incorporated here by reference. Se.e also D.E. 37 (Order granting
Parties' Joint Motion to Enter Second Modification of Settlement Agreernent).

2.

The parties now enter a third modification, which amends Section V(C) to read as follows:
The Court shall retain jurisdiction of this action for the purposes specified in
Section V(A) until July 1, 2021 unless:
( 1) the Parties jointly asl< the Court to terminate the Agreement before July 1,
2021. If the State has substantially complied with the Agreement before that
date, the United States shall 11ot unreasonably decline to join the State in a
motion to tenninate theAgreement early; or
(2) the United States disputes that the State is in substantial compliance with
the Agreement as ofJuly 1, 202·1. If so, the United States shall inform the
Court and the State by March 31, 2021 that it disputes substantial compliance,
and the Court may schedule further proceedings as appropriate. In any such
proceedings, the bµrden shall be on the State to demo.nstrate substantial
compliance;

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3. This modification incorporates by reference and amends the Agreement the Parties
enter~d on August 23, 2012 and the prior modifications that the Parties entered on
October 27, 2017 and October 21, 2020. This modification supplements and does not
supplant the Agreement or the prior modifications. Unless otherwise noted, all
definitions, obligations, and tenns and conditions in the Agreement and prior
modifications remain in force for the term of the Agreement as extended.
Executed on this I st day of March, 2021.
FOR THE UNITED STATES:
G. NORMAN ACKER Ill
Acting United States Attorney
Eastern District of North Carolina

PAMELA S. KARLAN
Principal Deputy Assistant Attorney General

Ci~
JOSHUA B. ROYSTER
Assistant United States Attorney
Chief, Civil Division
Eastern District of North Carolina

REBECCA B. BOND
Chief
Disability Rights Section
Civil Rights Division
ANNES.RAISH
Principal Deputy Chief
Disability Rights Section
Civil Rights Division
ELIZABETH S. WESTFALL
Deputy Chief
Disability Rights Section
Civil Rights Division
JULIA M. GRAFF
H. JUSTIN PARK
Trial Attonieys
Disability Rights Section
Civil Rights Division

Executed on this 1st day of March

2021.

FOR THE STATE OF NORTH CAROLINA:

MA«~J:tt:~

Secretary of the North Carolina Department of Health and Human Services
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