UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION PATRICK L. MCCRORY, in his official capacity as Governor of the State of North Carolina, and FRANK PERRY, in his official capacity as Secretary, North Carolina Department of Public Safety, Plaintiffs, vs. UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF JUSTICE, LORETTA E. LYNCH, in her official capacity as United States Attorney General, and VANITA GUPTA, in her official capacity as Principal Deputy Assistant Attorney General, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. ___________________ COMPLAINT FOR DECLARATORY JUDGMENT Plaintiffs Patrick L. McCrory, in his official capacity as Governor of the State of North Carolina (“Governor McCrory”), and Frank Perry, in his official capacity as Secretary, North Carolina Department of Public Safety (“Secretary Perry”), (collectively “plaintiffs”) seek declaratory and injunctive relief against the United States of America (“United States”), the United States Department of Justice, Loretta Lynch, in her official capacity as United States Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Attorney General, for their radical reinterpretation of Title VII of the Civil Rights Act of 1964 which would prevent plaintiffs from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered state employees. The United States, through its Department of Justice (“Department”), by letters dated May 4, 2016, threatened legal action Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 1 of 10 against Governor McCrory, Secretary Perry, and others, because plaintiffs intend to follow North Carolina law requiring public agencies to generally limit use of multiple occupancy bathroom and changing facilities to persons of the same biological sex. The Department contends that North Carolina’s common sense privacy policy constitutes a pattern or practice of discriminating against transgender employees in the terms and conditions of their employment because it does not give employees an unfettered right to use the bathroom or changing facility of their choice based on gender identity. The Department’s position is a baseless and blatant overreach. This is an attempt to unilaterally rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the Courts. The overwhelming weight of legal authority recognizes that transgender status is not a protected class under Title VII. If the United States desires a new protected class under Title VII, it must seek such action by the United States Congress. In any event, North Carolina law allows plaintiffs to accommodate transgender employees while protecting the bodily privacy rights of other state employees, and nothing in Title VII prohibits such conduct or constitutes discrimination in the terms and conditions of employment of transgender employees. Moreover, the Department has similarly overreached in its interpretation of the Violence Against Women Reauthorization Act of 2013 (“VAWA”). Even if VAWA specifically includes gender identity as a protected class, the North Carolina law is not discriminatory because it allows accommodations based on special circumstances, including but not limited to transgender individuals. PARTIES 1. Plaintiff Patrick L. McCrory is the Governor of North Carolina. Under North Carolina law, Governor McCrory is the chief executive authority for executive branch agencies 2 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 2 of 10 within state government. Complying with the demands made in defendants’ letter of May 4, 2016, would prevent Governor McCrory from discharging his obligations under the North Carolina Constitution. 2. Plaintiff Frank Perry is the Secretary of the North Carolina Department of Public Safety (“DPS”). Secretary Perry is the chief executive authority for DPS, which is an executive branch agency reporting to Governor McCrory. Complying with the demands made in defendants’ letter of May 4, 2016, would prevent Secretary Perry from discharging his obligations under North Carolina law. 3. Defendant the United States, through its co-defendant the Department of Justice, has the authority to bring enforcement actions pursuant to Title VII and VAWA. The Department has threatened to bring such an enforcement action against the State of North Carolina and its officials. 4. Defendant United States Department of Justice is a federal executive agency and possesses responsibility for enforcement of Title VII and VAWA. 5. Defendant Loretta E. Lynch is the current Attorney General of the United States and head of the United States Department of Justice. She is sued in her official capacity only. 6. Defendant Venita Gupta is a Principal Deputy Assistant Attorney General at the United States Department of Justice and head of the Civil Rights Division of the United States Department of Justice. She has been delegated the responsibility to bring an enforcement action under Title VII against the State of North Carolina. She has been sued in her official capacity only. 3 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 3 of 10 JURISDICTION AND VENUE 7. In this action, plaintiffs seek a declaratory judgment pursuant to 28 U.S.C. § 2201, et seq., the Federal Declaratory Judgment Act, and Rule 57 of the Federal Rules of Civil Procedure. The parties dispute whether plaintiffs’ implementation of North Carolina’s common sense bodily privacy law constitutes a violation of Title VII and VAWA. 8. The Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331. 9. Venue is proper in this District under 28 U.S.C. § 1391(e) because the plaintiffs in their official capacities are residents of this District, specifically Raleigh, North Carolina, plaintiffs have employees in this District, and substantially all of the events creating the dispute between the parties occurred in this District. FACTS 10. On March 23, 2016, the North Carolina General Assembly enacted the Public Facilities Privacy and Security Act (“the Act”). The Act created common sense bodily privacy protections for, among others, state employees, by requiring public agencies to require multiple occupancy bathroom or changing facilities to be designated for and only used by persons based on their biological sex. Biological sex is the physical condition of being male or female, and the Act notes that such condition is “stated on a person’s birth certificate.” The Act also allows accommodations based on special circumstances. 11. On April 12, 2016, Governor McCrory issued “Executive Order 93 to Protect Privacy and Equality” (“EO 93”). EO 93 expanded discrimination protections to state employees on the basis of sexual orientation and gender identity, among others. EO 93 also affirmed North Carolina law that cabinet agencies should require multiple occupancy bathroom or changing facilities to be designated for and only used by persons based on their biological sex. EO 93 also 4 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 4 of 10 reaffirmed North Carolina law that agencies may make a reasonable accommodation upon request due to special circumstances and directed all agencies to make a reasonable accommodation of a single occupancy restroom, locker room, or shower facility when readily available and when practicable. 12. Upon information and belief, no transgender employee of the State of North Carolina has advanced a claim that the state employment policy as outlined above is discriminatory under Title VII. 13. Upon information and belief, no person has advanced a claim that the law is discriminatory under VAWA. 14. Nonetheless, on May 4, 2016, the Department asserted in letters to Governor McCrory and Secretary Perry that state law as outlined above constitutes a “pattern or practice” of discriminating against transgender state employees by denying such employees access to the bathroom or other changing facility of their chosen gender identity. 15. In addition, the Department asserted that the North Carolina Department of Public Safety has violated the non-discrimination provision of VAWA. 16. The Department further threatened to “apply to [an] appropriate court for an order that will ensure compliance with” the Department’s misguided interpretations of Title VII and VAWA. 17. The Department’s threat is real but misplaced. North Carolina does not treat transgender employees differently from non-transgender employees. All state employees are required to use the bathroom and changing facilities assigned to persons of their same biological sex, regardless of gender identity, or transgender status. 5 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 5 of 10 18. Moreover, the overwhelming weight of authority has refused to expand Title VII protections to transgender status absent Congressional action. Courts consistently find that Title VII does not protect transgender or transsexuality per se. See Etsitty v. Utah Transit Auth., 502 F.3d 1215, 1224 (10th Cir. 2007) (“Etsitty may not claim protection under Title VII based upon her transsexuality per se.”); Lopez v. River Oaks Imaging & Diagnostic Grp., Inc., 542 F. Supp. 2d 653, 658 (S.D. Tex. April 3, 2008) (Atlas, J.) (acknowledging that “[c]ourts consistently find that transgendered persons are not a protected class under Title VII per se”); Spearman v. Ford Motor Co., 231 F.3d 1080 (7th Cir. 2000) (“Congress intended the term ‘sex’ to mean ‘biological male or biological female,’ and not one’s sexuality or sexual orientation.”); Oiler v. Winn-Dixie Louisiana, Inc., 2002 WL 31098541, at *6 (E.D. La. Sept. 16, 2002) (“[T]he phrase ‘sex’ has not been interpreted to include sexual identity or gender identity disorders.”); Ulane v. E. Airlines, Inc., 742 F.2d 1081, 1084 (7th Cir. 1984) (“The words of Title VII do not outlaw discrimination against a person who has a sexual identity disorder….”); Sommers v. Budget Mktg., Inc., 667 F.2d 748, 750 (8th Cir. 1982) (“Because Congress has not shown an intention to protect transsexuals, we hold that discrimination based on one’s transsexualism does not fall within the protective purview of [Title VII].”) 19. In any event, even if transgender employees were covered by Title VII, plaintiffs intend, and are authorized under North Carolina law, to accommodate such individuals in the terms and conditions of their employment. Title VII does not prohibit employers, including state employers, from balancing the special circumstances posed by transgender employees with the right to bodily privacy held by non-transgender employees in the workplace. Title VII allows gender specific regulations in the workplace. See Finnie v. Lee Cnty., Miss., 907 F. Supp. 2d 750, 772 (N.D. Miss. Jan. 17, 2012) (Title VII “was never intended to interfere in the 6 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 6 of 10 promulgation and enforcement of personal appearance regulations by private employers.”); Jackson v. Houston Gen. Ins. Co., 122 F.3d 1066, 1066 (5th Cir. 1997) (an employer does not violate Title VII by imposing different grooming and dress standards for male and female employees); Nichols v. Azteca Rest. Enterprises, Inc., 256 F.3d 864, 878 n.7 (9th Cir. 2001) (“We do not imply that all gender-based distinctions are actionable under Title VII. For example, our decision does not imply that there is any violation of Title VII occasioned by reasonable regulations that require male and female employees to conform to different dress and grooming standards”); Jespersen v. Harrah’s Operating Co., Inc., 444 F.3d 1104, 1109-10 (9th Cir.2006) (en banc) (holding that Harrah’s grooming standards requiring women to wear makeup and styled hair and men to dress conservatively was not discriminatory because the policy did not impose unequal burdens on either sex); Willingham v. Macon Tel. Pub. Co., 507 F.2d 1084, 1091-92 (5th Cir. 1975) (concluding that a grooming policy concerning hair length differences for males and females did not constitute sex discrimination and noting that such a policy relates “more closely to the employer’s choice of how to run his business than to equality of employment opportunity”). 20. Plaintiffs desire to implement state employment policies that protect the bodily privacy rights of state employees in bathroom and changing facilities. Plaintiffs also desire to accommodate the needs of state employees based on special circumstances, including but not limited to transgender employees. Defendants instead threaten to force plaintiffs to implement their reinterpretation of Title VII and VAWA while ignoring the bodily privacy of plaintiffs’ employees. Such action by defendants threaten to expose plaintiffs to actual liability under Title VII, VAWA, and other provisions protecting the bodily privacy rights of employees in the workplace. 7 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 7 of 10 21. There is an actual controversy between the parties concerning whether plaintiffs may follow North Carolina law regarding bathroom and changing facility use. 22. A declaratory judgment will serve a useful purpose in clarifying and settling the legal issues, and will afford relief from uncertainty, insecurity, and controversy giving rise to the proceeding. 23. Plaintiffs and the State of North Carolina will suffer significant and irreparable harm unless this Court intervenes. COUNT ONE: DECLARATION THAT PLAINTIFFS ARE IN COMPLIANCE WITH TITLE VII 24. The allegations of paragraphs 1 through 23 are re-alleged and incorporated herein by reference. 25. North Carolina does not treat transgender employees differently from non- transgender employees. All state employees are required to use the bathroom and changing facilities assigned to persons of their same biological sex, regardless of gender identity, or transgendered status. 26. Therefore, Plaintiffs respectfully request a declaration that they are not violating Title VII by following state law regarding bathroom and changing facility use by state employees. COUNT TWO: DECLARATION THAT PLAINTIFFS ARE IN COMPLIANCE WITH VAWA 27. The allegations of paragraphs 1 through 26 are re-alleged and incorporated herein by reference. 8 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 8 of 10 28. Even if VAWA specifically includes gender identity as a protected class, North Carolina law is not discriminatory because it allows accommodations based on special circumstances, including but not limited to transgender individuals. 29. Therefore, Plaintiffs respectfully request a declaration that they are not violating VAWA by following state law regarding bathroom and changing facility use. DECLARATORY RELIEF WHEREFORE, plaintiffs pray for judgment pursuant to 28 U.S.C. § 2201 declaring that: 1. Plaintiffs are not violating Title VII or VAWA by following state law regarding bathroom and changing facility use by state employees; 2. Plaintiffs are not violating Title VII or VAWA by following state law allowing accommodations under special circumstances for employees who need exceptions to state policy regarding bathroom and changing facility use by state employees; 3. Plaintiffs are not in violation of Title VII or VAWA; 4. That this dispute be resolved in favor of plaintiffs such that plaintiffs do not have to incur damages in the form of back pay, front pay, benefits, liability, and other associated costs; 5. That plaintiffs recover their fees and costs in this matter; and 6. Such other further relief as the Court deems just and proper. Respectfully submitted, BOWERS LAW OFFICE LLC By: /s/ Karl S. Bowers, Jr. Karl S. Bowers, Jr.* Federal Bar #7716 P.O. Box 50549 Columbia, SC 29250 Telephone: (803) 260-4124 E-mail: butch@butchbowers.com *appearing pursuant to Local Rule 83.1(e) 9 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 9 of 10 Counsel for Governor Patrick L. McCrory and Secretary Frank Perry By: /s/ Robert C. Stephens Robert C. Stephens (State Bar #4150) General Counsel Office of the Governor of North Carolina 20301 Mail Service Center Raleigh, North Carolina 27699 Telephone: (919) 814-2027 Facsimile: (919) 733-2120 E-mail: bob.stephens@nc.gov *appearing as Local Rule 83.1 Counsel Counsel for Governor Patrick L. McCrory MILLBERG GORDON STEWART PLLC By: /s/ William W. Stewart, Jr. William W. Stewart, Jr. (State Bar #21059) Frank J. Gordon (State Bar #15871) B. Tyler Brooks (State Bar #37604) 1101 Haynes Street, Suite 104 Raleigh, NC 27604 Telephone: (919) 836-0090 Fax: (919) 836-8027 Email: bstewart@mgsattorneys.com fgordon@mgsattorneys.com tbrooks@mgsattorneys.com Counsel for Governor Patrick L. McCrory Dated: May 9, 2016 Raleigh, North Carolina 10 Case 5:16-cv-00238-BO Document 1 Filed 05/09/16 Page 10 of 10 IS 44 (Rev. CIVIL COVER SHEET The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the filin and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in eptember 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS NEAT PAGE OF THIS FORM.) I. PLAINTIFES I I DEFENDANTS . Patrick L. McCrory, in his othIaI capacity as Governor of the State of United States of America, U.S. Dept. of Justice, Loretta A. in North Carolina, and Frank Perry, in his official capacity as Secretary, her official capacity as U.S. Attorney General, and Vanita Gupta, in North Carolina Department of Public Safety her official capacity as Principal Deputy Assistant Atty General County of First Listed Plaintiff Wake County of Residence of First Listed Defendant (EXCEPT IN U. s. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES Y) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name. Address. and Telephone Number) Attorneys (lfKiioti'Ii) See Attachment (Placenta ?X"i'Ii One Box Only) (Wm-e mi One iEonJ?iIi'Plrii'iirijjl . (For Diversity Cases Only) and One Bm??n' thendunl) U.S. Government Cl 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government No! (I Parry} Citizen oI'This State l?l 1 f1 1 incorporated or Principal Place l'I 4 4 of Business In This State 2 U.S. Government CI 4 Diversity Citizen ofAnother State CI 2 CI 2 incorporated and Principal Place 5 CI 5 Defendant (Indicate Ciri:eiislii'p of Parties in Item of Business In Another State Citizen or Subject of?a l'l 3 f1 3 Foreign Nation 6 Fl 6 Foreign Country IV. (Place an in One Box Only) I com 'rrog'Ts: I FOE. cl}. WLL . 10 Insurance PERSONAL INJURY PERSONAL INJURY CI 625 Drug Related Seizure CI 422 Appeal 28 USC 158 CI 375 False Claims Act I20 Marine 310 Airplane CI 365 Personal injury - ofi?roperty 21 USC 381 423 Withdrawal CI 376 Qui Tam USC I30 Miller Act Cl 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(n)) l'l 140 Negotiable instrument Liability 367 Health Cure/ 400 State Reapportionment Cl 150 Recovery ovaerpaynicnt 320 Assault. Libel Pharmaceutical RIQHTS 410 Antitrust Enforcement of Judgment Slander Personal Injury CI 82.0 Copyrights 430 Banks and Banking 0 151 Medicare Act Ci 330 Federal Employers' Product Liability CI 830 Patent 450 Commerce 152 Recovery of Defaulted Liability CI 368 Asbestos Personal Cl 840 Trademark El 460 Deportation Student Loans CI 340 Marine injury Product CI 470 Racketeer influenced and (Excludes Veterans) CI 345 Marine Product Liability I Corrupt Organizations i?l I53 Recovery of Overpayment Liability . PERSONAL PROPERTY Cl 710 Fair Labor Standards CI 86I (139511) l?l 480 Consumer Credit ofVeteraii's Bene?Ls CI 350 Motor Vehicle CI 370 Other Fraud Act 362 Black Lung (923) El 490 Cable/Sat TV Cl 160 Stockholders? Suits CI 355 Motor Vehicle CI 371 Truth in Lending CI 720 Labor/Management CI 863 (405(g)) CI 850 Securities/Commodities CI I90 Other Contract Product Liability CI 380 Other Personal Relations 864 SSID Title XVI Exchange CI I95 Contract Product Liability CI 360 Other Personal Property Damage CI 740 Railway Labor Act [3 865 RSI (405(g)) 890 Other Statutory Actions CI 196 Franchise Injury CI 385 Property Damage CI 75] Family and Medical El 891 Agricultural Acts El 362 Personal injury - Product Liability Leave Act 893 Environmental Matters Medical Malpractice 1'1 790 Other Labor Litigation CI 895 Freedom ofinformation REALEROPERTY CIVIL 1?ij1?s Pl 791 Employee Retirement TAX SUITS Act Cl 2l0 Land Condemnation CI 440 Other Civil Rights Habeas Corpus: Income Security Act CI 870 Taxes (U.S. Plaintiff CI 896 Arbitration CI 220 Foreclosure CI 441 Voting Cl 463 Alien Detainee or Defendant) CI 899 Administrative Procedure CI 230 Rent Lease Ejectment [5442 Employmeni CI 510 Motions to Vacate Cl 871 IRS?Third Party Act/Review or Appeal of F1 240 Torts to Land El 443 Housmg/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Accommodations CI 530 General 950 Constitutionality of Cl 290 All Other Real Property CI 445 Amer. w/Disabilities - CI 535 Death Penalty L. . State Statutes Employment Other: CI 462 Naturalization Application CI 446 Amer. w/Disabilitics - CI 540 Mandamus Other Cl 465 Other immigration Otiier Cl 550 Civil Rights Actions CI 448 Education CI 555 Prison Condition CI 560 Civil Detainee - Conditions of Confinement V. (Place an in One Box Only) 1 Original CI 2 Removed from El 3 Remanded from 4 Reinstated or Cl 5 Transfen'ed from El 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (specify) under which you are ?ling (D0 mat cite jurisdictional statutes unless dii'ersr'o'): CAUSE OF ACTION Brief description of cause: Action for Declatory Relief VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND 5 CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F-R-CV-P- JURY DEMAND: Ci Yes :1 No RELATED (Set- Iiisti'ti 'i'l as): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 05/09/2014 ls/ William W. Stewart, Jr. FOR OFFICE USE ONLY RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE Case 5:16-cv-00238-BO Document 1-1 Filed 05/09/16 Page 1 of 3 18 44 Reverse (Rev. IS) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The 44 civil cover sheet and the information contained herein neither replaces nor supplements the ?lings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint ?led. The attorney ?ling a case should complete the form as follows: II. IV. VI. VII. Plaintiffs-Defendants. Enter names (last, ?rst, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. it. the plaintiff or defendant is an of?cial within a government agency, identify ?rst the agency and then the of?cial, giving both name and title. County of Residence. For each civil case ?led. except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of ?ling. In U.S. plaintiff cases, enter the name of the county in which the ?rst listed defendant resides at the time of ?ling. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location ofthe tract ofland involved.) Attorneys. Enter the ?rm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule which requires that jurisdictions be shown in pleadings. Place an in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and of?cers of the United States are included here. United States defendant. (2) When the plaintiffis suing the United States, its of?cers or agencies. place an in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty ofthe United States. In cases where the U.S. is a party, the U.S. plaintifl'or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an in the appropriate box. If the nature ofsuit cannot be determined, be sure the cause of action, in Section VI below, is suf?cient to enable the deputy clerk or the statistical clerk(s) in the Administrative Of?ce to determine the nature of suit. If the cause ?ts more than one nature of suit, select the most de?nitive. Origin. Place an in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section l44l. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. the date of remand as the ?ling date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the ?ling date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an in this box if you are ?ling a class action under Rule 23, Demand. in this Space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Related Cases. This section of the 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. Case 5:16-cv-00238-BO Document 1-1 Filed 05/09/16 Page 2 of 3 Attornevs for Plaintiffs BOWERS LAW OFFICE LLC Karl S. Bowers, Jr.* Federal Bar #7716 PO. Box 50549 Columbia, SC 29250 Telephone: (803) 260-4124 E-mail: butchfo?rbutchbowers.com *appearing pursuant to Local Rule 83.1(e) Counsel for Governor Patrick L. McCrory and Secretary Frank Perry Robert C. Stephens (State Bar #4150) General Counsel Of?ce of the Governor of North Carolina 20301 Mail Service Center Raleigh, North Carolina 27699 Telephone: (919) 814?2027 Facsimile: (919)733-2120 E-mail: *appearing as Local Rule 83.1 Counsel Counsel for Governor Patrick L. McCrory MILLBERG GORDON STEWART PLLC William W. Stewart, Jr. (State Bar #21059) Frank J. Gordon (State Bar #15871) B. Tyler Brooks (State Bar #37604) 1101 Haynes Street, Suite 104 Raleigh, NC 27604 Telephone: (919) 836-0090 Fax: (919) 836-8027 Email: bstewartt?lmgsattornevsrom, 'l?gordonr?almuse!ltornewscom Counsel for Governor Patrick L. McCrory Case 5:16-cv-00238-BO Document 1-1 Filed 05/09/16 Page 3 of 3 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of North Carolina __________ District of __________ Patrick L. McCrory, in his official capacity as Governor of the State of North Carolina, and Frank Perry, in his official capacity as Secretary, North Carolina Department of Public Safety Plaintiff(s) v. United States of America, U.S. Dept. of Justice, Loretta E. Lynch, in her official capacity as U.S. Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Atty General Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-238 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States of America, c/o Civil Process Clerk, Office of the United States Attorney, Eastern District of North Carolina, 310 New Bern Avenue, Federal Building, Suite 800 Raleigh, North Carolina 27601-1461; and c/o Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: 1) Karl S. Bowers, Jr., P.O. Box 50549, Columbia, SC 29250; 2)Robert C. Stephens, General Counsel, Office of the Governor of North Carolina, 20301 Mail Service Center, Raleigh, NC 27699; 3) William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks, Millberg Gordon Stewart PLLC, 1101 Haynes Street, Suite 104, Raleigh, NC 27604 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 5:16-cv-00238-BO Document 1-2 Filed 05/09/16 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 5:16-cv-238 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Case 5:16-cv-00238-BO Document 1-2 Filed 05/09/16 Page 2 of 2 Save As... Reset . AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of North Carolina __________ District of __________ Patrick L. McCrory, in his official capacity as Governor of the State of North Carolina, and Frank Perry, in his official capacity as Secretary, North Carolina Department of Public Safety Plaintiff(s) v. United States of America, U.S. Dept. of Justice, Loretta E. Lynch, in her official capacity as U.S. Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Atty General Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-238 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) United States Department of Justice, 950 Pennsylvania Avenue, NW, Washington DC 20530-0001; and c/o United States of America c/o Civil Process Clerk, Office of the United States Attorney, Eastern District of North Carolina, 310 New Bern Ave., Federal Building, Suite 800, Raleigh, NC 27601-1461; and c/o Attorney General of United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: 1) Karl S. Bowers, Jr., P.O. Box 50549, Columbia, SC 29250; 2)Robert C. Stephens, General Counsel, Office of the Governor of North Carolina, 20301 Mail Service Center, Raleigh, NC 27699; 3) William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks, Millberg Gordon Stewart PLLC, 1101 Haynes Street, Suite 104, Raleigh, NC 27604 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 5:16-cv-00238-BO Document 1-3 Filed 05/09/16 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 5:16-cv-238 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Case 5:16-cv-00238-BO Document 1-3 Filed 05/09/16 Page 2 of 2 Save As... Reset . AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of North Carolina __________ District of __________ Patrick L. McCrory, in his official capacity as Governor of the State of North Carolina, and Frank Perry, in his official capacity as Secretary, North Carolina Department of Public Safety Plaintiff(s) v. United States of America, U.S. Dept. of Justice, Loretta E. Lynch, in her official capacity as U.S. Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Atty General Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-238 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Loretta E. Lynch, in her official capacity as United States Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001; and c/o United States of America c/o Civil Process Clerk, Office of the United States Attorney, Eastern District of North Carolina, 310 New Bern Avenue, Federal Building, Suite 800, Raleigh, NC 27601-1461; and c/o Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Ave., NW, Washington DC 20530-0001 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: 1) Karl S. Bowers, Jr., P.O. Box 50549, Columbia, SC 29250; 2)Robert C. Stephens, General Counsel, Office of the Governor of North Carolina, 20301 Mail Service Center, Raleigh, NC 27699; 3) William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks, Millberg Gordon Stewart PLLC, 1101 Haynes Street, Suite 104, Raleigh, NC 27604 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 5:16-cv-00238-BO Document 1-4 Filed 05/09/16 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 5:16-cv-238 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Case 5:16-cv-00238-BO Document 1-4 Filed 05/09/16 Page 2 of 2 Save As... Reset . AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of North Carolina __________ District of __________ Patrick L. McCrory, in his official capacity as Governor of the State of North Carolina, and Frank Perry, in his official capacity as Secretary, North Carolina Department of Public Safety Plaintiff(s) v. United States of America, U.S. Dept. of Justice, Loretta E. Lynch, in her official capacity as U.S. Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Atty General Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-238 SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Vanita Gupta, in her official capacity as Principal Deputy Assistant Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001; and c/o United States of America c/o Civil Process Clerk, Office of the United States Attorney, Eastern District of North Carolina, 310 New Bern Avenue, Federal Building, Suite 800, Raleigh, NC 27601-1461; and c/o Attorney General of the United States, U.S. Department of Justice, NW, Washington, DC 20530-0001 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: 1) Karl S. Bowers, Jr., P.O. Box 50549, Columbia, SC 29250; 2)Robert C. Stephens, General Counsel, Office of the Governor of North Carolina, 20301 Mail Service Center, Raleigh, NC 27699; 3) William W. Stewart, Jr., Frank J. Gordon, B. Tyler Brooks, Millberg Gordon Stewart PLLC, 1101 Haynes Street, Suite 104, Raleigh, NC 27604 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 5:16-cv-00238-BO Document 1-5 Filed 05/09/16 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 5:16-cv-238 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Case 5:16-cv-00238-BO Document 1-5 Filed 05/09/16 Page 2 of 2 Save As... Reset .