Price, et al v. City of Fayetteville, North Carolina, et al

Filing 47

CONSENT ORDER regarding 37 Second Motion for Preliminary Injunction- The parties have agreed Defendants will not enforce the current literature distribution rule promulgated by Dogwood Festival, Inc. The Court retains jurisdiction to enforce the parties' agreement and resolve the remaining claims set out in Plaintiffs' Complaint. Signed by District Judge Louise Wood Flanagan on 02/21/2014. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-00150-FL
TOM PRICE and WILLIAM LEGG,

)
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Plaintiffs,
)
)
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v.
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CITY OF FAYETTEVILLE, NORTH
CAROLINA, KATHERINE BRYANT, in her
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official capacity as Chief of Police for the
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Fayetteville Police Department, and JOHN
)
DOE, individually and in his official capacity as )
Police Officer for Fayetteville Police
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Department,
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Defendants.
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CONSENT ORDER ON
PLAINTIFFS’ SECOND MOTION
FOR PRELIMINARY INJUNCTION

Resolution on Plaintiffs’ Second Motion for Preliminary Injunction has been reached by
and between the parties, and accepted by the Court, as reflected herein.
The parties have agreed Defendants will not enforce the current literature distribution rule
promulgated by Dogwood Festival, Inc. The Court retains jurisdiction to enforce the parties’
agreement and resolve the remaining claims set out in Plaintiffs’ Complaint.
AS AGREED TO BY THE PARTIES:
s/Nathan W. Kellum
Nathan W. Kellum
TN BAR #13482; MS BAR # 8813
Center for Religious Expression
699 Oakleaf Office Lane, Suite 107
Memphis, TN 38117
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

s/Andrew H. Erteschik
Edwin M. Speas
N.C. State Bar No. 4112
[e-mail]
Andrew H. Erteschik
N.C. State Bar No. 35269
POYNER SPRUILL LLP
[e-mail]
301 Fayetteville Street, Suite 1900
Raleigh, NC 27601
Telephone: [phone]
Fax: [phone]

s/Deborah J. Dewart
Deborah J. Dewart
NC BAR # 30602; CA BAR # 221737
620 E. Sabiston Drive
Swansboro, NC 28584-9674
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

s/Karen M. McDonald
Karen M. McDonald
N.C. State Bar No. 20573
City Attorney for the City of Fayetteville
[e-mail]
P.O. Box 1513
Fayetteville, NC 28302
Telephone: [phone]
Fax: [phone]

Attorneys for Plaintiffs
Attorneys for Defendants
February

21st
This the ___ day of ____________, 2014

AS ACCEPTED BY THE COURT:

LOUISE W. FLANAGAN
United States District Judge

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