Case Summary

In June 2017, the U.S. Supreme Court upheld a federal district court’s decision striking down North Carolina’s 2011 legislative redistricting plans as racial gerrymanders which led to the General Assembly enacting new legislative plans later that year (North Carolina v. Covington). On November 13, 2018, the N.C. Democratic Party, Common Cause, and various N.C. voters filed a state lawsuit alleging the 2017 plans were partisan gerrymanders in violation of the N.C. Constitution’s Equal Protection, Free Elections, Freedom of Speech, and Freedom of Assembly Clauses. They sought a court order the plans were unconstitutional, an injunction barring them from use in future elections, and for the court to require new plans be enacted before the next election.

• In December 2018, the defendants initially removed the case to the U.S. District Court for the Middle District of North Carolina, but the case was remanded back to the Wake County Superior Court on January 2, 2019. Defendants appealed the remand order to the U.S. Court of Appeals for the Fourth Circuit soon after, which remained pended as merits proceedings continued in the state superior court.
• The superior court held a trial from July 15 to July 26, 2019.
• On September 3, 2019, the superior court struck down the 2017 legislative plans as unconstitutional partisan gerrymanders and ordered the General Assembly to submit remedial plans to the court by September 19, 2019.
• The court approved the General Assembly’s remedial plans on October 28, 2019. Plaintiffs appealed the approval to the N.C. Supreme Court alleging certain districts remained partisan gerrymanders, but the Court rejected the appeal. The plaintiffs thereafter dropped their appeal, allowing the approved remedial plans to be used in the 2020 election.
• On April 16, 2020, the Fourth Circuit affirmed the federal district court’s January 2, 2019, remand order, thereby ending the case.

Case Library

North Carolina Superior Court, Wake County - 18-cv-014001

• Complaint - 11/13/18
• Amended Complaint - 12/7/18
• State Defendants' Answer to Amended Complaint - 1/7/19
• Motion to Intervene by Reginald Reid, et al. - 1/29/19
• Plaintiffs' Opposition to Motion to Intervene - 2/4/19
• State Board Members' Notice That They Join the State Defendants' Answer to Amended Complaint - 2/7/19
• Voluntary Dismissal of Defendant The State of North Carolina - 2/13/19
• Legislative Defendants' Answer - 2/15/19
• Plaintiffs' First Motion to Compel - 2/19/19
• Plaintiffs' Second Motion to Compel (Response to Second Set of Interrogatories) - 2/22/19
• Order Granting Motion to Intervene by Reginald Reid, et al. - 2/26/19
• Legislative Defendants' Response to Plaintiffs' First and Second Motions to Compel - 3/18/19
• Plaintiffs' Supplemental Brief Concerning Their Pending Motions to Compel and Legislative Defendants' Pending Motion for a Protective Order - 3/19/19
• Order Granting Legislative Defendants' Motion for a Protective Order and Plaintiffs' First Motion to Compel - 3/25/19
• Plaintiffs' Motion for Clarification Pursuant to Rule 45 - 4/4/19
• Intervenor-Defendants' Response in Opposition to Plaintiffs' Motion for Clarification Pursuant to Rule 45 - 4/11/19
• Legislative Defendants' Response to Plaintiffs' Motion for Clarification Pursuant to Rule 45 - 4/11/19
• Plaintiffs' Reply Brief Regarding Motion for Clarification Pursuant to Rule 45 - 4/12/19
• Plaintiffs' Supplemental Brief Concerning Their First and Second Motions to Compel - 4/12/19
• Plaintiffs' Third Motion to Compel (Subpoena to North Carolina Republican Party) - 4/17/19
• Plaintiffs' Supplemental Reply Brief Concerning Their First and Second Motions to Compel - 4/26/19
• Legislative Defendants' Response to Plaintiffs' Supplemental Brief - 4/26/19
• Legislative Defendants' Response to Plaintiffs' "Supplemental Reply Brief Concerning Their First and Second Motions to Compel" - 4/29/19
• Order on Discovery Motions - 5/1/19
• Legislative Defendants' Motion to Compel Production of Documents from N.C. Democratic Party - 5/7/19
• Brief in Support of Plaintiffs' Third Motion to Compel (Subpoena to North Carolina Republican Party) - 5/9/19
• Plaintiff North Carolina Democratic Party's Opposition to Legislative Defendants' Motion to Compel Production of Documents From N.C. Democratic Party - 5/14/19
• Legislative Defendants' Reply in Support of Motion to Compel Production of Documents From N.C. Democratic Party - 5/21/19
• Plaintiffs' Motion for the Court to Issue Direction to Legislative Defendants - 6/6/19
• Order on Legislative Defendants' Motion to Compel Production of Documents from Plaintiff North Carolina Democratic Party - 6/7/19
• Order on Plaintiffs' Third Motion to Compel - 6/7/19
• Geographic Strategies LLC's Motion for Leave to Request an Order of Protection, and in the Alternative, to Intervene Under Rules 45 and/or 24 - 6/15/19
• Legislative Defendants' Response to Plaintiffs' Motion for Direction - 6/17/19
• Legislative Defendants' Motion to Exclude Files and Materials Produced by Stephanie Lizon - 6/21/19
• Legislative Defendants' Motion to Exclude Certain Testimony by Plaintiffs' Experts - 6/21/19
• Plaintiffs' Motion in Limine to Preclude Legislative Defendants and Intervenor Defendants From Introducing Expert Testimony Regarding Analysis or Opinions not Disclosed in Expert Reports - 6/21/19
• Order on Legislative Defendants' Motion to Compel Production of Documents from Plaintiff North Carolina Democratic Party - 6/21/19
• Defendant-Intervenors' Motion to Exclude Evidence of Dismissed Criminal Charges - 6/21/19
• Defendant-Intervenors' Motion to Exclude Social Media Evidence - 6/21/19
• Plaintiffs' Motion in Limine to Admit Certain Files of Dr. Thomas B. Hofeller - 6/21/19
• Plaintiffs' Motion in Limine to Exclude Live Testimony From More Than One Intervenor-Defendant - 6/21/19
• Plaintiffs' Motion in Limine to Preclude Legislative Defendants From Introducing Evidence or Testimony Under the Sword and Shield Doctrine - 6/21/19
• Plaintiffs' Motion in Limine to Preclude Legislative Defendants From Offering Evidence or Argument Related to the Voting Rights Act - 6/21/19
• Plaintiffs' Response to Geographic Strategies LLC's Motion for Leave to Request an Order of Protection, and in the Alternative, to Intervene Under Rules 45 and/or 24 - 6/26/19
• Reply in Support of Plaintiffs' Motion for the Court to Issue Direction to Legislative Defendants - 6/27/19
• Geographic Strategies LLC's Reply in Support of Its Motion to Designate Its Materials as Highly Confidential Under the Protective Order and to Compel Production - 6/28/19
• Defendant-Intervenors' Response in Opposition to Plaintiffs' Motion in Limine to Exclude Live Testimony From More Than One Intervenor-Defendant - 7/1/19
• Legislative Defendants' Opposition to Plaintiffs' Motion in Limine to Admit Certain Files of Dr. Thomas B. Hofeller - 7/1/19
• Legislative Defendants' Response to Motion in Limine to Preclude Evidence on Voting Rights Act - 7/1/19
• Plaintiffs' Opposition to Intervenor Defendants' Motion in Limine to Exclude Social Media Evidence - 7/1/19
• Plaintiffs' Response to Defendant-Intervenors' Motion in Limine to Exclude Evidence of Dismissed Criminal Charges - 7/1/19
• Intervenor-Defendants' Response in Opposition to Plaintiffs' Motion in Limine to Preclude Legislative Defendants or Intervenor Defendants From Introducing Expert Testimony Regarding Analysis or Opinion Not Disclosed in Expert Reports - 7/1/19
• Response to Plaintiffs' Motion in Limine to Preclude Legislative Defendants and Intervenor Defendants From Introducing Expert Testimony Regarding Analysis or Opinions Not Disclosed in Expert Reports - 7/1/19
• Plaintiffs' Opposition to Legislative Defendants' Motion in Limine to Preclude Certain Testimony by Plaintiffs' Experts - 7/1/19
• Plaintiffs' Opposition to Legislative Defendants' Motion to Exclude Files and Materials Produced by Stephanie Lizon - 7/1/19
• Plaintiffs' Emergency Motion to Compel Legislative Defendants to Produce Revised Calculations of Dr. Jeffrey Lewis - 7/5/19
• Notice of Filing of Objections to Plaintiffs' Exhibits - 7/8/19
• Intervenor-Defendants' Pretrial Brief - 7/8/19
• Legislative Defendants' Pre-Trial Brief - 7/8/19
• Plaintiffs' Pretrial Memorandum - 7/8/19
• Legislative Defendants' Response to Plaintiffs' Emergency Motion to Compel Legislative Defendants to Produce Revised Calculations of Dr. Jeffrey Lewis - 7/8/19
• Plaintiffs' Objections to Defendants' Trial Exhibits - 7/8/19
• Order on Geographic Strategies LLC's Motion to Designate Hofeller Files as Highly Confidential and to Compel Production - 7/12/19
• Order on Geographic Strategies LLC's Motion to Appear - 7/12/19
• Order on Plaintiffs' and Legislative Defendants' Motions in Limine Regarding Admissibility of Hofeller Files - 7/12/19
• Order on Plaintiffs' Motion for Direction - 7/12/19
• Order on Geographic Strategies LLC's Motion for Clarification - 7/17/19
• Order on Outstanding Pre-Trial Motions - 7/17/19
• Intervenor-Defendants' Post-Trial Brief - 8/7/19
• Legislative Defendants' and Intervenor-Defendants' Proposed Findings of Fact and Conclusions of Law - 8/7/19
• Legislative Defendants' Post-Trial Brief - 8/7/19
• Plaintiffs' Proposed Findings of Fact, Conclusions of Law, and Decree - 8/7/19
• Motion for Leave to File Amici Curiae Brief by Former North Carolina Governors James G. Martin, et al. - 8/7/19
• Motion of Governor Roy Cooper for Leave to File Amicus Brief and Notice of Amicus Brief of Attorney General Josh Stein - 8/7/19
• Final Judgment - 9/3/19
• Order Regarding Remedial Phase - 9/13/19
• Order Requesting Timeline from North Carolina State Board of Elections - 9/17/19
• Order Regarding Remedial Maps - 10/28/19
• Order Supplementing Court Order of October 28, 2019 with Findings and Conclusions Regarding Compliance of Remedial Maps with Federal Voting Rights Act - 1/22/20

U.S. District Court for the Eastern District of North Carolina - 5:18-cv-00589

• Notice of Removal - 12/14/18
• Plaintiffs' Emergency Motion to Remand - 12/17/18
• Memorandum in Support of Plaintiffs' Emergency Motion to Remand - 12/17/18
• Notice to Counsel Regarding Removal of Case to Eastern District of North Carolina - 12/18/18
• Supplemental Removal Cover Sheet - 12/18/18
• State Defendants' Response to Plaintiffs' Emergency Motion to Remand - 12/28/18
• Memorandum in Opposition to Plaintiffs' Emergency Motion to Remand - 12/28/18
• Reply in Support of Plaintiffs' Emergency Motion to Remand - 12/30/18
• Order Granting Motion to Remand - 1/2/19
• Motion for Order Confirming Applicability of Stay of Judgment Under Rule 62(a) - 1/3/19
• Plaintiffs' Opposition to Legislative Defendants' Motion for Order Confirming Applicability of Stay of Judgment Under Rule 62(a) - 1/4/19
• Memorandum Opinion - 1/7/19
• Reply Memorandum in Support of Motion for Order Confirming Applicability of Stay of Judgment Under Rule 62(a) - 1/15/19
• Plaintiffs' Notice Regarding Status of State Court Proceedings - 1/15/19
• Order - 1/17/19
• Notice of Appeal - 1/22/19
• Notice of Cross-Appeal - 1/23/19

U.S. Court of Appeals for the Fourth Circuit - 19-1091

• Order Consolidating Case - 1/24/19
• Appellants' Motion to Expedite - 1/28/19
• Expedited Briefing Order - 2/4/19
• Joint Appendix - 2/19/19
• Opening Brief of Defendants-Appellants-Cross-Appellees - 2/19/19
• Amicus Brief of Reginald Reid in Support of Defendants-Appellants - 2/26/19
• Response and Principal Brief of Plaintiffs-Appellees-Cross-Appellants - 3/11/19
• Joinder of the State of North Carolina, the North Carolina State Board of Elections, and its Members - 3/11/19
• Plaintiffs-Appellees' Motion to Dismiss a Party - 3/13/19
• Order - 3/18/19
• Response and Reply Brief of Defendants-Appellants-Cross-Appellees - 3/25/19
• Reply Brief of Plaintiffs-Appellees-Cross-Appellants - 4/8/19
• Plaintiffs'-Appellees' Motion to Dismiss Appeal of Legislative Defendants-Appellants - 11/18/19
• Opposition to Motion to Dismiss - 12/2/19
• Order - 12/3/19
• Opinion - 4/16/20
• Notice of Judgment - 4/16/20
• Mandate - 5/8/20

Supreme Court of North Carolina - 417P19

• Petition for Discretionary Review Prior to Determination by the Court of Appeals and Motion to Suspend Appellate Rules - 11/1/19
• Response to Petition for Discretionary Review Prior to Determination by the Court of Appeals and Motion to Suspend Appellate Rules - 11/6/19
• Response in Opposition to Petition for Discretionary Review Prior to Determination by the Court of Appeals and Motion to Suspend Appellate Rules - 11/6/19
• Intervenor-Appellants' Response in Opposition to Petition for Discretionary Review Prior to Determination by the Court of Appeals and Motion to Suspend Appellate Rules - 11/6/19
• Motion to Recuse Justice Earls - 11/6/19
• Plaintiffs-Appellants' Response to Motion to Recuse Justice Earls - 11/7/19