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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA





MARCIE FISHER-BORNE, for )
herself and as guardian ad )
litem for M.F.-B., a minor, )
et al., )
)
Plaintiffs, )
)
v. ) 1:12CV589
)
JOHN W. SMITH, in his official )
capacity as the Director of the )
North Carolina Administrative )
Office of the Courts, et al., )
)
Defendants. )
)
)
ELLEN W. GERBER, et al., )
)
Plaintiffs, )
)
v. ) 1:14CV299
)
ROY COOPER, et al., )
)
Defendants. )


ORDER

Plaintiffs have filed a motion for judgment on the
pleadings in each of these cases. (1:12CV589 (Doc. 116);
1:14CV299 (Doc. 72).) The motion, as well as subsequent
pleadings, suggest that all parties consent to the motion.
However, the proposed order attached to the motion suggests
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injunctive relief should be issued as to the Register of Deeds
Defendants. That suggestion is somewhat contrary to this
courts understanding of the pleadings to date and the necessary
parties.
The status reports previously filed by the parties suggest
the following:
(1) There is no need for injunctive relief as to the
Register of Deeds Defendants, as they are charged with the duty
of implementing the law of North Carolina as construed by this
court (see 1:12CV589 (Doc. 113); 1:14CV299 (Doc. 68).) As a
result, this court understood from those reports that the
Register of Deeds Defendants could be dismissed without
prejudice.
(2) The Clerks of Superior Court, including the Honorable
David L. Churchill, Archie L. Smith, III, and Al Jean Bogle, as
well as Defendant John W. Smith, were either not a proper party
(Smith) or parties as to whom the cases were moot (Churchill,
Smith, and Bogle). As a result, this court understood those
parties could be dismissed without prejudice. (See 1:12CV589
(Doc. 112); 1:14CV299 (Doc. 67).)
(3) The Intervening Defendant, designated as the State of
North Carolina, by and through Roy Cooper, Attorney General, was
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the remaining party as to whom relief should properly be granted
or denied. (See 1:12CV589 (Doc 68); 1:14CV299 (Doc. 69).)
To the extent any party should disagree with this courts
understanding of the parties respective positions, notice of any
such dispute shall be filed with this court on or before 5:00
p.m. today.
IT IS SO ORDERED.
This the 9th day of October, 2014.



_______________________________________
United States District Judge


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