Cooper v. Berger, 817 S.E.2d 588 (2018)

Aug. 29, 2018 · Supreme Court of North Carolina · No. 267P18
817 S.E.2d 588
Roy A. COOPER, III, in his official capacity as Governor of the State of North Carolina v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; North Carolina Bipartisan State Board of Elections and Ethics Enforcement; and James A. (Andy) Penry, in his official capacity as Chair of the North Carolina Bipartisan State Board of Elections and Ethics Enforcement

Roy A. COOPER, III, in his official capacity as Governor of the State of North Carolina
v.
Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; North Carolina Bipartisan State Board of Elections and Ethics Enforcement; and James A. (Andy) Penry, in his official capacity as Chair of the North Carolina Bipartisan State Board of Elections and Ethics Enforcement

No. 267P18

Supreme Court of North Carolina.

August 29, 2018

John R. Wester, Attorney at Law, Charlotte, J. Dickson Phillips, III, Attorney at Law, Chapel Hill, Adam K. Doerr, Attorney at Law, Charlotte, Erik R. Zimmerman, Attorney at Law, Morgan P. Abbott, Attorney at Law, Chapel Hill, for Cooper, Roy A.

D. Martin Warf, Attorney at Law, Raleigh, for Berger, Philip E., et al.

Matthew W. Sawchak, Solicitor General, for North Carolina Bipartisan Board of Elections and Ethics Enforcement, et al.

Andrew H. Erteschik, Attorney at Law, Caroline P. Mackie, Attorney at Law, Raleigh, John Michael Durnovich, Attorney at Law, Wendy R. Weiser, Attorney at Law, Daniel I. Weiner, Attorney at Law, Douglas E. Keith, Attorney at Law, for Brennan Center for Justice at NYU School of Law and Democracy North Carolina.

Daniel F.E. Smith, Attorney at Law, Jim W. Phillips, Jr., Attorney at Law, Greensboro, Charles E. Coble, Attorney at Law, Raleigh, for Hon. James G. Martin, et al.

Robert F. Orr, Attorney at Law, Asheville, for NC Professors of Constitutional Law.

ORDER

*589Upon consideration of the petition filed by Plaintiff on the 22nd of August 2018 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 29th of August 2018."

The following order has been entered on the motion filed on the 22nd of August 2018 by Plaintiff to Suspend Appellate Rules:

"Motion Dismissed as moot by order of the Court in conference, this the 29th of August 2018."

The following order has been entered on the motion filed on the 28th of August 2018 by Plaintiff for Temporary Stay:

"Motion Dismissed without prejudice to seek relief in the Superior Court by order of the Court in conference, this the 29th of August 2018."

Upon consideration of the petition filed by Plaintiff on the 28th of August 2018 for Writ of Supersedeas, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed without prejudice to seek relief in the Superior Court by order of the Court in conference, this the 29th of August 2018."

Upon consideration of the petition filed on the 28th of August 2018 by Plaintiff in this matter for Writ of Prohibition, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed without prejudice to seek relief in the Superior Court by order of the Court in conference, this the 29th of August 2018."

The following order has been entered on the motion filed on the 28th of August 2018 by Plaintiff to Suspend Appellate Rules:

"Motion Dismissed as moot by order of the Court in conference, this the 29th of August 2018."