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Cooper v. Berger

Filing Date:
October 17, 2023
Status:
pending
State:
North Carolina
Most Recent Court:
Wake County Superior Court (23CV029308-910)
Issue(s):

Lawsuit challenging several provisions of Senate Bill 749. Specifically it challenges a provision that removes the governor's power to appoint members to the state board of elections and grants it to the legislature instead. The complaint also challenges a provision which requires the state board of elections to have an even number of Republicans and Democrats. Additionally, the plaintiff challenges a provision of the law which changes the composition of the state's county election boards to be four member bipartisan boards appointed by lawmakers. The complaint alleges Senate Bill 749 prevents the governor from exercising his duty "to ensure that the laws are faithfully executed" and violates the North Carolina Constitution.

Case Progress:
  • Complaint 10/17/23
  • Motion for Preliminary Injunction 10/17/23
  • Plaintiffs' Motion for Temporary Restraining Order 11/6/23
  • Defendant State of North Carolina's Answer 11/28/23
  • Order Granting Motion for Preliminary Injunction 11/30/23
  • Plaintiffs' Motion for Summary Judgement 2/9/24
  • Legislative Defendants' Motion to Dismiss 2/9/24
  • Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants' Motion to Dismiss and Motion for Judgment on the Pleadings 3/8/24
  • Notice of Appeal 3/12/24
  • Legislative Defendant-Appellant's Brief (9.19.24)
  • Governor's Appellee Brief (10.28.24)
  • Brief of Defendant-Appellee State of North Carolina (10.28.24)
  • Former Governors' Amici Brief (10.29.24)
  • Reply Brief of Legislative Defendants-Appellants (11.18.24)
  • Motion to Dismiss Appeal as Moot (12.20.24)
  • Order Granting Motion to Dismiss (12.23.24)
  • Joint Motion to Vacate Judgment (1.28.25)
  • Amended Consent Order (2.11.25)
  • N.C. Governor Motion for Summary Judgment (2.25.25)
  • N.C. Governor Motion for Summary Judgment (2.25.25)
  • Legislative Defendant's Motion for Summary Judgment (2.25.25)
  • Defendants' Response to Motion for Summary Judgment (3.23.25)
  • N.C. Governor's Motion for TRO and Preliminary Injunction (3.14.25)
  • Legislative Defendants' Brief Opposing Plaintiffs' Motion for Summary Judgment (3.17.25)
  • Intervenor-Defendant's Response to Plaintiff's Motion for Summary Judgment (3.26.25)
  • Legislative Defendants' Response Opposing TRO and Preliminary Injunction (4.10.25)
  • Order Granting Plaintiff's Motion for Summary Judgment (4.23.25)
  • Legislative Defendants' Notice of Appeal (4.24.25)
  • Legislative Defendants' Motion to Stay (4.24.25)
  • Order Denying Motion to Stay (4.28.25)

Superior Court Documents

Court of Appeals Documents