STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE I 3 in"; g, 97 SUPERIOR COURT DIVISION WAKE COUNTY NO.: 20 CVS 500110 NORTH CAROLINA STATE CONFERENCE OF THE NAACP, DISABILITY RIGHTS NORTH CAROLINA, AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA LEGAL FOUNDATION, KIM T. CALDWELL, JOHN E. STURDIVANT, SANDARA KAY DOWELL, and CHRISTINA RHODES, Plaintiffs, V. ORDER ROY COOPER, Governor of the State of North Carolina, ERIK HOOKS in his of?cial capacity as Secretary of the North Carolina Department of Public Safety, and BILL FOWLER, ERIC MONTGOMERY, ANGELA BRYANT, and GRAHAM ATKINSON, in their of?cial capacities as Post-Release Supervision and Parole Commissioners, Defendants. This matter comes before the Undersigned on Plaintiffs? Motion for Temporary Restraining Order and Preliminary Injunction and, in the alternative, Petition for Writ of Mandamus. Notice of the hearing was proper and the hearing was held remotely Via WebEx with consent Of the parties on April 28, 2020. Because injunctive relief by means of a temporary restraining order is an extraordinary measure, Plaintiff must provide sworn and speci?c facts showing (1) a likelihood of success on the merits of his case and (2) the likelihood of irreparable loss. A.E. P. Industries, Inc. v. McClure, 308 NC. 393, 401, 302 754, 759 (1983). While this Court is entitled to grant a mandatory injunction, like the one Plaintiffs are requesting, these injunctions are generally disfavored and are only appropriate where the case is urgent and where the right is clear. Roberts v. Madison Cry Realtors Assoc, 344 NC. 394, 399?400, 474 783, 787?88 (1996). The Court has considered the submissions of the parties, matters of record, and the passionate arguments of counsel, including the dozens of af?davits asserted by all parties. In addition, and in consideration of the extraordinary circumstances surrounding the COVID-19 pandemic, the Court requested, received, and studied additional substantial and exhaustive records, af?davits, and data from all parties. After carefully weighing all of the information and arguments as they relate to Plaintiff?s motions, the Court hear by orders that: Plaintiff?s motion for temporary restraining order is denied. Plaintiff 3 alternative motion for writ of mandamus is denied. so ORDERED this 13th day of May, 2020. -. . (AM ill ROZIER, JR. SUPERIOR COURT JUDGE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the persons indicated below via e?mail transmission addressed as follows: Dawn N. Blagrove Elizabeth G. Simpson Emancipate NC PO. Box 309 Durham, NC 27702 dawn@emancipatenc.org elizabeth@emancipatenc.org Lisa Grafstein Luke Woollard Susan H. Pollitt Disability Rights North Carolina 3724 National Drive Suite 100 Raleigh, NC 27612 K. Ricky Watson, Jr. National Juvenile Justice Network 1734 Connecticut Avenue, NW #1 Washington, DC 20009 watson@niin.org Counsel for Plainti?s Stephanie Brennan Tammera Hill Orlando Rodriguez NC Department ofJustice PO. Box 629 Raleigh, NC 27602 sbrennan@ncdoi.gov thill@ncdoi.gov orodriguez@ncdoi.gov Counsel for Defendants This the 13th day of May 2020. Kristi L. Graunke Leah J. Kang Daniel K. Siegel Irena Como ACLU of North Carolina Legal Foundation, inc. P.O. Box 28004 Raleigh, NC 27611 kgraunke@acluofnc.org lkang@acluofnc.org Daryl Atkinson Whitley Carpenter Forward Justice 400 W. Main St., Suite 203 Durham, NC 27701 daryl@forwardiustice.org wcarpenter@forwardiusticeorg Irving Joyner P.O. Box 374 Cary, NC 27512 iioyner@nccu.edu WM Kellie WMyers Trial Court Administrator, 10th Judicial District Kellie.z.myers@nccourts.org