IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:18-CV-589-FL

COMMON CAUSE; NORTH
CAROLINA DEMOCRATIC; PAULA
ANN CHAPMAN; HOWARD DUBOSE;
GEORGE DAVID GAUCK; JAMES
MACKIN NESBIT; DWIGHT JORDAN;
JOSEPH THOMAS GATES; MARK S.
PETERS; PAMELA MORTON;
VIRGINIA WALTERS BRIEN; JOHN
MARK TURNER; LEON CHARLES
SCHALLER; EDWIN M. SPEAS, JR.;
REBECCA HARPER; LESLEY BROOK
WISCHMANN; DAVID DWIGHT
BROWN; AMY CLARE OSEROFF;
KRISTIN PARKER JACKSON; JOHN
BALLA; REBECCA JOHNSON; AARON
WOLFF; MARY ANN
PEDEN-COVIELLO; KAREN SUE
HOLBROOK; KATHLEEN BARNES;
ANN MCCRACKEN; JACKSON
THOMAS DUNN, JR.; ALYCE
MACHAK; WILLIAM SERVICE;
DONALD RUMPH; STEPHEN
DOUGLAS MCGRIGOR; NANCY
BRADLEY; VINOD THOMAS;
DERRICK MILLER; ELECTA E.
PERSON; DEBORAH ANDERSON
SMITH; ROSALYN SLOAN; JULIE
ANN FREY; LILY NICOLE QUICK;
JOSHUA BROWN; and CARLTON E.
CAMPBELL, SR.,
Plaintiffs,
v.
REPRESENTATIVE DAVID R. LEWIS
In his official capacity as Senior Chairman
of the House Select Committee on

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ORDER

Case 5:18-cv-00589-FL Document 44 Filed 01/02/19 Page 1 of 3

 Redistricting; SENATOR RALPH E.
HISE, JR. In his official capacity as
Chairman of the Senate Committee on
Redistricting; SPEAKER OF THE
HOUSE TIMOTHY K. MOORE; ANDY
PENRY Chairman of the North Carolina
State Board of Elections and Ethics
Enforcement; JOSHUA MALCOLM
Vice-Chair of the North Carolina State
Board of Elections & Ethics Enforcement;
KEN RAYMOND Secretary of the North
Carolina State Board of Elections & Ethics
Enforcement; STELLA ANDERSON
Member of the North Carolina State Board
of Elections & Ethics Enforcement;
PRESIDENT PRO TEMPORE OF THE
NORTH CAROLINA SENATE PHILIP
E. BERGER; THE STATE OF NORTH
CAROLINA; THE NORTH CAROLINA
STATE BOARD OF ELECTIONS AND
ETHICS ENFORCEMENT; DAMON
CIRCOSTA Member of the North
Carolina State Board of Elections & Ethics
Enforcement; STACY “FOUR” EGGERS,
IV Member of the North Carolina State
Board of Elections & Ethics Enforcement;
JAY HEMPHILL Member of the North
Carolina State Board of Elections & Ethics
Enforcement; VALERIE JOHNSON
Member of the North Carolina State Board
of Elections & Ethics Enforcement; JOHN
LEWIS Member of the North Carolina
State Board of Elections & Ethics
Enforcement; THE NORTH CAROLINA
STATE BOARD OF ELECTIONS AND
ETHICS ENFORCEMENT; ROBERT
CORDLE Member of the North Carolina
State Board of Elections & Ethics
Enforcement,
Defendants.

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Case 5:18-cv-00589-FL Document 44 Filed 01/02/19 Page 2 of 3

 This matter is before the court on plaintiffs’ emergency motion to remand (DE 5). The court
having fully considered the matter and the briefing by the parties, it is hereby ORDERED that
plaintiffs’ motion is GRANTED. This case is REMANDED to the General Court of Justice,
Superior Court Division, Wake County, North Carolina, for further proceedings. The court DENIES
plaintiffs’ request for costs and expenses under 28 U.S.C. § 1447(c). A memorandum opinion
memorializing the court’s reasoning for this decision will follow. In light of remand, the clerk is
DIRECTED to terminate as moot the pending motion for extension of time to file answer (DE 34).
SO ORDERED, this the 2nd day of January, 2019.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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Case 5:18-cv-00589-FL Document 44 Filed 01/02/19 Page 3 of 3