Case 3:14-cv-00213-MOC-DLH Document 114 Filed 10/10/14 Page 1 of 5

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION
3:14-cv-213

GENERAL SYNOD OF THE UNITED
CHURCH OF CHRIST, et al.,

Plaintiffs,

v.

ROY COOPER, in his official capacity as the
Attorney General of North Carolina, et al.,
Defendants.

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MOTION ON CONSENT OF THE
PARTIES
TO AMEND CAPTION WITH
RESPECT TO DEFENDANT
ATTORNEY GENERAL ROY COOPER,
TO GRANT ATTORNEY GENERAL
ROY COOPERS MOTION TO
INTERVENE, AND TO DISMISS
PLAINTIFFS FIRST AMENDMENT
CLAIMS

Plaintiffs and Defendant Roy Cooper respectfully submit this Motion on Consent. In
support, Plaintiffs and Defendant Cooper state as follows:
1. On April 28, 2014, Plaintiffs filed their Complaint. [DE 1]. On June 3, 2014, Plaintiff
filed an Amended Complaint. [DE 52].
2. On October 9, 2014, Defendants Roy A. Cooper and the named District Attorneys, (the
State Defendants), filed their Answer and affirmative defenses-motions to dismiss the
Complaint. [DE 104].
3. Among other grounds asserted, Mr. Cooper alleged that the Court lacked jurisdiction, and
therefore, the Complaint should be dismissed as to Mr. Cooper. At the same time, Mr.
Cooper sought to intervene in this matter, in a representative capacity on behalf of the State
of North Carolina, pursuant to Rule 24 of the Federal Rules of Civil Procedure. [DE 104].
4. Additionally, the State Defendants asserted that [t]he opinion of the Fourth Circuit Court
of Appeals in Bostic v. Schaefer, No. 14-1167, __ F.3d __, 2014 WL 3702493 (4th Cir.
July 28, 2014), cert. denied sub nom. McQuigg v. Bostic, ___ S.Ct. ____, 2014 WL
Case 3:14-cv-00213-MOC-DLH Document 114 Filed 10/10/14 Page 1 of 5

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4354536 (Oct. 6, 2014), addresses and resolves the 14th amendment issues raised by
Plaintiffs in their complaint. That opinion constitutes binding precedent on this Court.
As a consequence, and in accordance with Bostic v. Schaefer, the legal conclusions of these
paragraphs, as they pertain to Plaintiffs' 14th Amendment rights, are admitted. To the
extent the allegations of these paragraphs pertain to the Free Exercise and Expressive
Association rights of these Plaintiffs pursuant to the 1st Amendment of the United States
Constitution, those allegations have been rendered moot by the opinion in Bostic v.
Schaefer, and therefore are denied. [DE 104].
5. Counsel to the Plaintiffs, on behalf of their clients, and Mr. Cooper have agreed to amend
the caption of this case to remove Mr. Cooper as defendant and add him as an Intervenor on
behalf of the State of North Carolina for the presentation of evidence, if evidence is
otherwise admissible in the case, and for argument on the question of the constitutionality
of North Carolinas statutes and constitutional amendment challenged in this action, in
furtherance of the Attorney Generals constitutional, statutory and common law duties.
6. No defendant other than Mr. Cooper, nor any ground to dismiss other than Mr. Coopers
jurisdictional argument in this matter, is impacted by this Motion, and all other grounds to
dismiss are preserved.
7. Counsel for Plaintiffs, on behalf of their clients, and Mr. Cooper have further agreed that in
light of the binding precedent of Bostic v. Schaefer, and its resolution of Plaintiffs
Fourteenth Amendment claims as reflected in the Answer filed by the State Defendants,
Plaintiffs First Amendment claims should be dismissed at the time judgment is entered on
the Fourteenth Amendment claims.

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WHEREFORE, Plaintiffs and Mr. Cooper request that the Court enter an Order allowing
the caption of the Complaint to reflect that Mr. Cooper appears in this matter for all purposes as an
Intervenor rather than as a Defendant, and to grant Mr. Coopers Motion to Intervene. Plaintiffs
and Mr. Cooper further request that the Court enter an Order dismissing Plaintiffs First
Amendment claims at the time judgment is entered on the Fourteenth Amendment claims, and for
such other and further relief as the Court deems just and proper.
Respectfully submitted this the 10th day of October 2014.
Jonathan S. Martel
David J. Weiner
Samuel Witten
Sarah E. Warlick
Thomas A. Glazer
Arnold & Porter LLP
555 Twelfth Street, N.W.
Washington, D.C. 20004
Phone: (202) 942-5470
Fax: (202) 942-5999
Email: jonathan.martel@aporter.com
Admitted Pro Hac Vice

Sean Morris
Arnold & Porter LLP
777 South Figueroa St.
Los Angeles, CA 90017
Phone: (213) 243-4222
Email: sean.morris@aporter.com
Admitted Pro Hac Vice

/s/ S. Luke Largess
S. Luke Largess
/s/ Jacob H. Sussman
Jacob Sussman
/s/ John W. Gresham
John W. Gresham
Tin Fulton Walker & Owen
301 East Park Avenue
Charlotte, NC 28203
Phone: (704) 338-1220
Fax: (704) 338-1312
Email: llargess@tinfulton.com
Email: jsussman@tinfulton.com
Email: jgresham@tinfulton.com

Mark Kleinschmidt
Tin Fulton Walker & Owen
312 West Franklin Street
Chapel Hill NC 27516
Phone: (919) 240-7089
Fax: (919) 240-7822
Email: mkleinschmidt@tinfulton.com

ATTORNEYS FOR PLAINTIFFS

ROY COOPER
North Carolina Attorney General


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/s/ Amar Majmundar
Amar Majmundar
Special Deputy Attorney General
North Carolina State Bar No. 24668
N.C. Department of Justice
Post Office Box 629
Raleigh, NC 27602
Telephone: (919) 716-6821
Facsimile: (919) 716-6759
Email: amajmundar@ncdoj.gov

/s/ Olga E. Vysotskaya de Brito
Olga E. Vysotskaya de Brito
N. C. Department of Justice
Post Office Box 629
Raleigh, NC 27602
Telephone: (919) 716-0185
Facsimile: (919) 716-6759
Email: ovysotskaya@ncdoj.gov

/s/ Charles Whitehead
Charles G. Whitehead
N.C. Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602
Telephone: (919) 716-6840
Facsimile: (919) 716-6758
Email: cwhitehead@ncdoj.gov

ATTORNEYS FOR STATE DEFENDANTS


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CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of October 2014, I electronically filed the foregoing
CONSENT MOTION with the Clerk of the Court using the CM/ECF system which will send
notification of such filing to all counsel of record.

/s/ Olga E. Vysotskaya de Brito
Olga E. Vysotskaya de Brito


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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

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