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STEPHENSON v. BARTLETT

No. 4:01-CV-171-H(4).

180 F.Supp.2d 779 (2001)

Ashley STEPHENSON, individually and as a resident and registered voter of Beaufort County, North Carolina; Leo Daughtry, individually and as Representative for the 95th District, North Carolina House of Representatives; Patrick Ballantine, individually and as Senator for the 4th District, North Carolina Senate; Art Pope, individually and as Representative for the 61st District, North Carolina House of Representatives; Bill Cobey, individually and as Chairman of the North Carolina Republican Party and on behalf of all other persons similarly situated, Plaintiffs, v. Gary O. BARTLETT, as Executive Director of the State Board of Elections; Larry Leake, Rose Vaughn Williams, Genevieve C. Sims, Lorraine G. Shinn, and Charles Winfree, as members of the State Board of Elections; James B. Black, as Speaker of the North Carolina House of Representatives; Marc Basnight, as President Pro Tempore of the North Carolina Senate; Michael Easley, as Governor of the State of North Carolina; and Roy Cooper, as Attorney General of the State of North Carolina, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

December 20, 2001.

Attorney(s) appearing for the Case

Thomas A. Farr, James C. Dever, III, Maupin, Taylor, Ellis & Adams, Raleigh, NC, for plaintiffs.

Norma Smithwick Harrell, Raleigh, NC, Susan Kelly Nichols, N.C. Dept. of Justice, Alexander McClure Peters, Spec. Dep. Aty. Gen., N.C. Dept. of Justice, Tiare Bowe Smiley, State Attorney General's Office, NC Department of Justice, Raleigh, NC, for defendants.

ORDER OF REMAND

MALCOLM J. HOWARD, District Judge.

There are pending before this court several motions and cross motions in this action. The most pressing issue facing the court is raised by plaintiffs' motion to remand to the North Carolina Superior Court for lack of a substantial federal question. This jurisdictional issue has been fully briefed by the parties and is ripe for adjudication.

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