De Luca v. North Carolina State Board of Elections et al

Filing 18

ORDER granting 11 Motion to Intervene. Signed by Chief Judge James C. Dever III on 11/29/2016. Defendant-intervenors may file a response in opposition to plaintiff's motion for a preliminary injunction. Any such response is due no later 5:00p .m. on Wednesday, November 30, 2016. Because of a pending criminal trial that is expected to continue into Friday morning on December 2, 2016, the court reschedules the preliminary injunction hearing until 1:00 p.m. on Friday, December 2, 2016. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA~ WESTERN DIVISION No. 5:16-CV-913-D ) ) Plaintiff, ) ) v. ) ) THE NORTH CAROLINA ) STATE BOARD OF ELECTIONS, ) KIM WESTBROOK STRACH, ) A. GRANT WIDTNEY, ) RHONDA K. AMOROSO, ) JOSHUA D. MALCOLM, ) JAMES BAKER, and MAJA KRIKER, ) ' ) Defendants. ) FRANCIS X. DELUCA, ORDER On November 23, 2016, proposed defendant-intervenors moved to intervene as of right or permissibly and filed a supporting memorandum. See [D.E. 11, 12]; Fed. R. Civ. P. 24(a), (b). In their motion, proposed defendant-intervenors state that defendants do not oppose the motion to intervene and that plaintiff opposes the motion to intervene. See [D.E. 11] 2. On November 28, 2016, plaintiff filed a memorandum in opposition to proposed defendant-intervenors' motion to intervene. See [D.E. 16]. On November 28, 2016, proposed defendant-intervenors replied. See [D.E. 17]. Th court has considered the entire record and governing precedent. The court GRANTS proposed defendant-intervenors' motion for permissive intervention under Federal Rule of Civil Procedure 24(b)(1) [D.E. 11]. Defendant-intervenors may file a response in opposition to plaintiff's motion for a preliminary injunction. Any such response is due no later 5:00p.m. on Wednesday, November 30, 2016. Because of a pending criminal trial that is expected to continue into Friday morning on December 2, 2016, the court reschedules the preliminary injunction hearing unti11 :00 p.m. on Friday, December 2, 2016. SO ORDERED. This %.'f day ofNovember 2016. 2

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