UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

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1 Case 1:16-cv TDS-JEP Document 121 Filed 08/19/16 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOAQUÍN CARCAÑO, et al., Plaintiffs, v. No. 1:16-cv TDS-JEP PATRICK MCCRORY, et al., Defendants, and PHIL BERGER, et al., Intervenor-Defendants. PLAINTIFFS MOTION FOR AN EXTENSION OF TIME TO DESIGNATE REBUTTAL EXPERT WITNESSES NOW COME Plaintiffs Joaquín Carcaño; Payton Grey McGarry; H.S., by her next friend and mother, Kathryn Schafer; Angela Gilmore; Kelly Trent; Beverly Newell; and American Civil Liberties Union of North Carolina (collectively, Plaintiffs, by and through their attorneys, and move the Court pursuant to Rule 6 of the Federal Rules of Civil Procedure for a two week extension of time to designate and identify rebuttal expert witnesses, to September 2, Plaintiffs do not seek extensions to any other deadlines in the discovery or trial schedule, including the September 9, 2016 deadline for submitting rebuttal expert reports. In support of their motion, and pursuant to Local Rule 7.3(j(5, Plaintiffs state as follows: 1

2 Case 1:16-cv TDS-JEP Document 121 Filed 08/19/16 Page 2 of 5 1. Pursuant to the Scheduling Order in this case (ECF No. 96, two weeks ago, on August 5, 2016, the parties designated their proposed expert witnesses. 2. The Carcaño Plaintiffs identified two expert witnesses (see ECF No at 14. Both of the witnesses that Plaintiffs identified were witnesses that they initially relied upon in their motion for preliminary injunction more than three months ago (see ECF No Defendant McCrory and Intervenor-Defendants Berger and Moore (collectively, Defendants named ten expert witnesses. See Exhibit A to Wilkens Declaration. 4. Pursuant to the Scheduling Order, a week ago, on August 12, 2016, the parties produced their expert reports. The Carcaño Plaintiffs relied on the expert reports they submitted with their preliminary injunction papers three months ago. In contrast, Defendants produced reports for the first time. 5. Per the Scheduling Order, today is the deadline for the parties to identify any rebuttal expert witnesses. (ECF No As a result of this deadline, Plaintiffs have had only a week since receiving Defendants expert reports to identify rebuttal experts. 7. By contrast, Defendants have had more than three months since the filing of Plaintiffs preliminary injunction papers (see ECF No et seq. to identify experts in rebuttal to Plaintiffs experts. 2

3 Case 1:16-cv TDS-JEP Document 121 Filed 08/19/16 Page 3 of 5 8. Despite Plaintiffs reasonable and diligent efforts to identify and vet potential rebuttal experts in the week since receiving Defendants expert reports, Plaintiffs are still in the process of vetting potential rebuttal experts. 9. Defendants would not be prejudiced by Plaintiffs requested extension. Plaintiffs do not seek modification or extension of any other deadlines, including the deadline for submission of rebuttal expert reports of September 9, Counsel for Defendant McCrory and for Intervenor-Defendants Berger and Moore have indicated that they oppose this motion. Counsel for UNC Defendants and for Plaintiff United States of America (1:16-cv have indicated that they take no position on this motion. WHEREFORE, for the foregoing reasons, Plaintiffs respectfully move that the Court enter an order granting a two week extension of time, up to and including September 2, 2016, to designate and identify rebuttal expert witnesses. * * * 3

4 Case 1:16-cv TDS-JEP Document 121 Filed 08/19/16 Page 4 of 5 Dated: August 19, 2016 Respectfully submitted, /s/ Christopher A. Brook.Christopher A. Brook N.C. State Bar No Irena Como* AMERICAN CIVIL LIBERTIES UNION FOR NORTH CAROLINA LEGAL FOUNDATION Post Office Box Raleigh, North Carolina Telephone: Facsimile: cbrook@acluofnc.org James D. Esseks* Elizabeth O. Gill* Chase B. Strangio* AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad St., 18th Fl. New York, NY Telephone: Facsimile: jesseks@aclunc.org egill@aclunc.org cstrangio@aclu.org *Appearing by special appearance pursuant to L.R. 83.1(d. Jon W. Davidson* Tara L. Borelli* Peter C. Renn* Kyle A. Palazzolo* LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. 730 Peachtree Street NE, Suite 1070 Atlanta, GA Telephone: Facsimile: jdavidson@lambdalegal.org tborelli@lambdalegal.org prenn@lambdalegal.org kpalazzolo@lambdalegal.org Paul M. Smith* Scott B. Wilkens* Luke C. Platzer* JENNER & BLOCK LLP 1099 New York Avenue, NW Suite 900 Washington, DC Telephone: Facsimile: psmith@jenner.com swilkens@jenner.com lplatzer@jenner.com Counsel for Plaintiffs 4

5 Case 1:16-cv TDS-JEP Document 121 Filed 08/19/16 Page 5 of 5 CERTIFICATE OF SERVICE I, Christopher A. Brook, hereby certify that on August 19, 2016, I electronically filed the foregoing PLAINTIFFS MOTION FOR AN EXTENSION OF TIME TO DESIGNATE REBUTTAL EXPERT WITNESSES, using the CM/ECF system, and have verified that such filing was sent electronically using the CM/ECF system to all parties who have appeared with an address of record. /s/ Christopher A. Brook. Christopher A. Brook

6 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOAQUÍN CARCAÑO, et al., Plaintiffs, v. No. 1:16-cv TDS-JEP PATRICK MCCRORY, et al., Defendants, and PHIL BERGER, et al., Intervenor-Defendants. DECLARATION OF SCOTT B. WILKENS 1. I am a member of the bar of the State of California and of the District of Columbia and have been specially admitted to this Court pursuant to L.R. 83.1(d. I am a partner in the law firm Jenner & Block LLP, counsel for Plaintiffs in this action. I make this declaration on personal knowledge, in support of Plaintiffs Motion for an Extension of Time to Designate Rebuttal Expert Witnesses. 2. Attached as Exhibit A to this declaration is a true and correct copy of the Initial Disclosures and Expert Witness Identifications by the State of North Carolina, Governor Patrick L. McCrory, the North Carolina Department of Public Safety, President Pro Tempore Phil Berger, Speaker Tim Moore, and North Carolinians for Privacy; which 1

7 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 2 of 2 document I received via from B. Tyler Brooks of the law firm Millberg Gordon Stewart PLLC (counsel for Governor McCrory on August 5, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 19th day of August, Scott B. Wilkens. 2

8 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 1 of 15 Declaration of Scott B. Wilkens August 19, 2016 EXHIBIT A

9 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 2 of 15 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOAQUIN CARCAÑO, et al., Plaintiffs, vs. PATRICK MCCRORY, in his official capacity as Governor of North Carolina, et al., Defendants. UNITED STATES OF AMERICA, Plaintiff, vs. STATE OF NORTH CAROLINA et al., Defendants. NORTH CAROLINIANS FOR PRIVACY, an unincorporated nonprofit association; Plaintiffs, vs. UNITED STATES DEPARTMENT OF JUSTICE, et al., Defendants. CASE NO. 1:16-CV TDS-JEP CASE NO. 1:16-CV TDS-JEP CASE NO. 1:16-CV TDS-JEP

10 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 3 of 15 INITIAL DISCLOSURES AND EXPERT WITNESS IDENTIFICATIONS BY THE STATE OF NORTH CAROLINA, GOVERNOR PATRICK L. MCCRORY, THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, PRESIDENT PRO TEMPORE PHIL BERGER, SPEAKER TIM MOORE, AND NORTH CAROLINIANS FOR PRIVACY Pursuant to Federal Rule of Civil Procedure 26(a(1 and the Court s Order adopting the Joint Rule 26(f Report entered July 25, 2016, the State of North Carolina, Governor Patrick L. McCrory, the North Carolina Department of Public Safety, the Honorable Phil Berger, the Honorable Tim Moore, and North Carolinians for Privacy (hereinafter collectively referred to as defendants hereby provide the following initial disclosures and identification of expert witnesses: A. Individuals likely to have discoverable information, and substantial statements about the subject matter of the likely discoverable information possessed (unless the use would be solely for impeachment: Brian Ratledge General Counsel North Carolina Department of Administration 1301 Mail Service Center Raleigh, NC ( Mr. Ratledge is the General Counsel of the North Carolina Department of Administration, an executive branch agency with responsibility for a broad range of state government functions. Those responsibilities include construction, motor fleet management, purchasing and contracting, acquiring and disposing of real property, operating auxiliary services, and providing facilities services such as maintenance for state-owned buildings and grounds. The department also provides assistance and services to traditionally underserved populations within North Carolina. Mr. Ratledge possesses discoverable information as to the number and nature of facilities affected by House Bill 2 and the potential effects on facilities of policies like those being advanced by the United States Department of Justice, the United States Department of Education, and the ACLU. 2

11 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 4 of 15 Sterling Baker, P.E. Acting Director, Facilities Management Division Multimodal Special Projects Engineer North Carolina Department of Transportation 1525 Mail Service Center Raleigh, NC ( Mr. Baker is a professional engineer and the Acting Director of the Facilities Management Division of the North Carolina Department of Transportation ( NCDOT. He is also a Multimodal Special Projects Engineer with that same department. Mr. Baker possesses discoverable information as to how facilities have been accessed historically, the number and nature of NCDOT facilities affected by House Bill 2, and the potential effects on facility privacy and safety of policies like those being advanced by the United States Department of Justice, the United States Department of Education, and the ACLU. James ( Jimmy Parrish Rest Area Section Supervisor Roadside Environmental Unit North Carolina Department of Transportation 1557 Mail Service Center Raleigh, NC ( Mr. Parrish is the Supervisor of the Rest Area Section of the North Carolina Department of Transportation. He possesses discoverable information concerning privacy and safety issues that would arise as to highway rest areas and related facilities in the absence of a law like House Bill 2. He also has discoverable information concerning the manner in which facility access policies have been enforced in the past and the number of facilities that are affected by House Bill 2 as well as policies like those being advanced by the United States Department of Justice, the United States Department of Education, and the ACLU. Catherine Ryan State Registrar and Director of Vital Records North Carolina Department of Health and Human Services 1903 Mail Service Center Raleigh, NC ( Ms. Ryan is the State Registrar and Director of Vital Records within the North Carolina Department of Health and Human Services. She possesses discoverable information 3

12 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 5 of 15 concerning the policies and procedures for changing a birth certificate in North Carolina and information related to how that process works in practice. Sheriff Donnie Harrison Wake County Sheriff s Office P.O. Box 550 Raleigh, NC ( Sheriff Harrison has served as the sheriff of North Carolina s second most populous county since his election to that position in Prior to his election, he served with the North Carolina Highway Patrol. The Wake County Sheriff s Department acts as the primary law enforcement agency for the unincorporated parts of the county. Sheriff Harrison has discoverable information concerning the effects on public safety of laws like House Bill 2 and the policies being advanced by the United States Department of Justice, the United States Department of Education, and the ACLU. He also has discoverable information as to the effects of such policies on settings such as county jails. Robert M. Gallagher St. Benedict Press, LLC Carowinds Blvd. Charlotte, NC ( Mr. Gallagher is Chairman and CEO of St. Benedict Press, LLC and possesses discoverable information concerning the effect that the Charlotte Ordinance would have had on his business had it gone into effect. He also possesses discoverable information regarding the ways in which the Department of Justice s interpretation of Title VII would affect his business. Connor Gallagher St. Benedict Press, LLC Carowinds Blvd. Charlotte, NC ( Mr. Gallagher is Publisher of St. Benedict Press, LLC and possesses discoverable information concerning the effect that the Charlotte Ordinance would have had on his business had it gone into effect. He also possesses discoverable information regarding the ways in which the Department of Justice s interpretation of Title VII would affect his business. 4

13 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 6 of 15 Omar Abdelrehim 4786 Farndon Ct. Fairfax, VA ( As a Muslim parent with three children in the Fairfax County Public Schools, Mr. Abdelrehim possesses discoverable information regarding the impact of gender identity policies of the sort embodied in Department of Justice/Department of Education guidance and the Charlotte ordinance upon his family and his family s religious freedom. He also possesses discoverable information regarding the salutary effects of policies embodied in laws like House Bill 2. Y.K. Y.K. is a resident of North Carolina. Y.K. has three minor children who are or have been enrolled in schools within the Charlotte-Mecklenburg School System, which adopted and subsequently suspended a policy regulating access to multi-user restrooms and locker rooms based on students professed gender identity. A substantial statement about the subject matter of the likely discoverable information that Y.K. possesses is contained in the proposed amended complaint filed in North Carolinians for Privacy v. United States Department of Justice, No. 1:16-CV Y.K. can be reached through counsel for North Carolinians for Privacy. D.H. D.H. is a resident of North Carolina. D.H. has two minor children who are enrolled in schools in Union County and one minor child who attends a charter school in North Carolina. A substantial statement about the subject matter of the likely discoverable information that D.H. possesses is contained in the proposed amended complaint filed in North Carolinians for Privacy v. United States Department of Justice, No. 1:16-CV D.H. can be reached through counsel for North Carolinians for Privacy. R.F. R.F. is a resident of North Carolina. R.F. has a minor child who is enrolled in the North Carolina School of Science and Mathematics. A substantial statement about the subject matter of the likely discoverable information that R.F. possesses is contained in the proposed amended complaint filed in North Carolinians for Privacy v. United States Department of Justice, No. 1:16-CV R.F. can be reached through counsel for North Carolinians for Privacy. 5

14 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 7 of 15 S.B. S.B. is a resident of a state in the Midwest. S.B. s adopted children attend public schools. In 2015, the school district where S.B. s children attended adopted a policy regulating access to multi-user restrooms, locker rooms, and overnight accommodations based on students professed gender identity. S.B. has knowledge about how the school s implementation of that policy affected her parental rights, her children s privacy rights, and her children s emotional and psychological well-being. S.B. can be reached through counsel for North Carolinians for Privacy. E.S. E.S. is a resident of North Carolina. E.S. is a mother of four children. E.S. has been the victim of past sexual abuse. E.S. has knowledge about how she, as a resident of Charlotte, a mother of four children, and a victim of past sexual abuse, felt as she prepared for the Charlotte ordinance to go into effect. More generally, E.S. has knowledge about how a victim of past sexual abuse reacts when the government orders that people must be able to access changing facilities and locker rooms based solely on their professed gender identity. E.S. can be reached through counsel for North Carolinians for Privacy. D.H. D.H. is a resident of a state in the Midwest. D.H. has a minor child, S.H., who attended a public school that adopted a policy regulating access to multi-user restrooms and locker rooms based on students professed gender identity. D.H. has knowledge about how the school s implementation of that policy affected his parental rights, S.H. s privacy rights, and S.H. s emotional and psychological well-being. S.H. has knowledge about how the school s implementation of that policy affected her privacy rights and her emotional and psychological well-being. D.H. can be reached through counsel for North Carolinians for Privacy. C.C. C.C. is a resident of North Carolina. C.C. is a mother of two children who attend schools in the Charlotte-Mecklenburg School System, which adopted and subsequently suspended a policy regulating access to multi-user restrooms and locker rooms based on students professed gender identity. C.C. has knowledge about how the schools implementation of that policy affected her parental rights, her children s privacy rights, and her children s emotional and psychological well-being. C.C. can be reached through counsel for North Carolinians for Privacy. 6

15 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 8 of 15 B. A copy or a description by category and location of all documents, electronically stored information, and tangible things in defendants possession, custody, or control that may be used to support defendants claims or defenses (unless the use would be solely for impeachment: 1. Transcripts of the following proceedings of the North Carolina General Assembly concerning House Bill 2: (a House floor session on March 23, 2016; (b Senate floor session on March 23, 2016; (c House Judiciary Committee IV meeting on March 23, 2016; (d Senate Judiciary Committee II hearing on March 23, Counsel for the Intervenor-Defendants possess copies of these transcripts. Transcripts of the proceedings are also available on the General Assembly s website at: 15E2&BillID=H2 2. Governor McCrory s Executive Order No The official statements issued by Governor McCrory in conjunction with the signing of the Public Facilities Privacy & Security Act and Executive Order No. 93. C. Computation of each category of damages claimed: None of the defendants in the Carcano or United States cases seek damages. Similarly, the plaintiffs in the North Carolinians for Privacy case, even though they allege financial harm and injury, seek only injunctive and declaratory relief, and do not request damages. D. The identity of each of defendants expert witnesses and each specific topic area upon which each expert intends to present evidence: 1 1. Paul W. Hruz, MD, PhD, Pediatric Endocrinologist 1 These parties reserve the right to present factual testimony through any of the witnesses identified below as experts. 7

16 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 9 of 15 Dr. Hruz will testify regarding: (a the definition of and differences between sex and gender; (b human sexual development and disorders of sexual development; (c diagnosis, etiology, risk factors, co-morbidities, treatment, and prognosis of gender incongruence and gender dysphoria; (d historical developments in endocrinology and gender experimentation; (e the influence of transgender advocacy in the field of endocrinology; (f a review and critique of the research and literature; (g different treatments for gender dysphoria including hormones to delay puberty, cross-sex hormone therapy, and sex reassignment surgery; and (h his medical opinion of the DOJ/DOE transgender policy and House Bill 2. Dr. Hruz will also review and critique the existing literature and research in the field. 2. Allan M. Josephson, MD, Child and Adolescent Psychiatrist Dr. Josephson will testify concerning: (a the definition of and differences between sex and gender; (b human psychological development and identity formation; (c diagnosis, etiology, risk factors, co-morbidities, treatment, and prognosis of gender incongruence and gender dysphoria; (d the influences of transgender advocacy in the field of psychiatry; and (e his medical opinion of the DOJ/DOE transgender policy and House Bill 2. Dr. Josephson will also review and critique the existing literature and research in the field. 3. Lawrence S. Mayer MD, MS, PhD, Psychiatrist, Biostatistician and Epidemiologist Dr. Mayer will testify concerning: (a the definition of and differences between sex and gender; (b human sexual and neurological development and disorders of development; (c historical developments in gender theory and gender experimentation; (d diagnosis, etiology, risk factors, co-morbidities, treatment, and prognosis of gender incongruence and gender dysphoria; and (e his medical opinion of the DOJ/DOE transgender policy and House Bill 2. Dr. Mayer will also review and critique the existing literature and research in the field. 4. Quentin L. Van Meter, MD, Pediatric Endocrinologist. Dr. Van Meter will testify regarding: (a the definition of and differences between sex and gender; (b human sexual development and disorders of sexual development; (c diagnosis, etiology, risk factors, co-morbidities, treatment, and prognosis of gender incongruence and gender dysphoria; (d historical developments in endocrinology and gender experimentation; (e the influence of transgender advocacy in the field of endocrinology; (f different treatments for gender dysphoria including hormones to delay puberty, cross-sex hormone therapy, and sex reassignment surgery; and (g his medical 8

17 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 10 of 15 opinion of the DOJ/DOE transgender policy and House Bill 2. Dr. Van Meter will also review and critique the existing literature and research in the field. 5. Walt Heyer, Author and Counselor Mr. Heyer will testify concerning: (a his personal and professional experiences with gender incongruence; (b living as a transgender woman; (c cross-sex hormone therapy and sex reassignment surgery; (d Dr. Paul Walker and the Harry Benjamin/WPATH standards of care; (e common psychological co-morbidities; (f transgender regret and de-transitioning; (g transgender ideology; and (h his experience counseling hundreds of other transgenders and former transgenders with similar experiences. 6. Elizabeth Schultz, School Board Member, Fairfax County Public Schools Mrs. Schultz will provide expert testimony regarding the challenges faced by school boards attempting to implement the policies embodied in recent DOJ/DOE guidance regarding the applicability of Title IX to gender identity. She will testify based upon the expertise she developed as a member of the Fairfax County School Board in Fairfax County, Virginia, and will testify regarding the Board s efforts and difficulties in trying to implement policies like the DOJ/DOE Title IX gender identity policy or the Charlotte ordinance, including: student, parental, and taxpayer concerns; privacy, modesty, disciplinary, religious, and safety issues; facility and budgetary ramifications; lack of legal clarity; and other related issues. She will also testify regarding the salutary effects of policies like those embodied in House Bill 2 with respect to these issues. 7. Kenneth Lanning, Behavioral Sciences Unit Federal Bureau of Investigation (Retired Mr. Lanning will present testimony on the public safety and privacy implications of gender-identity-based access policies ( GIBAPs of the sort embodied in the Charlotte ordinance and the DOJ/DOE policies, and the public safety rationale for House Bill 2. He will testify specifically regarding the behaviors of non-transgender male sex offenders and the ways in which non-transgender male sex offenders exploit and abuse GIBAPs and shifting social norms to obtain access to victims and to avoid detection and punishment. He will also testify regarding the inadequacy of existing laws to ensure public safety and the public safety justifications for laws or policies embodied in House Bill 2. 9

18 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 11 of Tim Hutchison, Sheriff of Knox County, TN (Retired Mr. Hutchison will provide expert testimony regarding the public safety and privacy rationales undergirding laws like House Bill 2, including the role played by the objective standards established by such laws in the development of effective public safety policy. He will explain the challenges faced by local law enforcement in detecting, investigating, prosecuting and deterring sex offenses committed by non-transgender male sex offenders. He will also discuss the ways in which gender-identity-based access policies ( GIBAPs of the sort embodied in the Charlotte ordinance and the DOJ/DOE policy, and uncertain, shifting social conventions exacerbate those challenges, resulting in increasing numbers of a range of sex offenses from minor to serious. He will testify regarding the inadequacy of existing laws to deter or punish non-transgender male sex offenders in the presence of a GIBAP. 9. George Solomon Director of Prisons, North Carolina Department of Public Safety Mr. Solomon serves as North Carolina s Director of Prisons. Based on his years of experience in the fields of law enforcement and corrections, he will provide expert testimony as to the privacy and safety issues that arise from gender-identity-based access policies ( GIBAPs of the sort embodied in the Charlotte ordinance and the DOJ/DOE policy. He will also provide testimony particularly focused upon correctional settings (including prisons and jails and the challenges for maintaining safety and security in those and other settings in the face of GIBAPs. 10. Courtnay Aycock, Counselor Ms. Aycock is a counselor in North Carolina. She will testify concerning the impact on victims of sexual assault of implementing policies and laws like the DOJ/DOE gender identity policy and the Charlotte ordinance. She will also testify concerning her experiences providing professional counseling to victims of sexual assault on these and similar issues. E. For inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. Not applicable. Respectfully submitted, this 5th day of August,

19 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 12 of 15 BOWERS LAW OFFICE LLC By: /s/ Karl S. Bowers, Jr. Karl S. Bowers, Jr.* Federal Bar #7716 P.O. Box Columbia, SC Telephone: ( *appearing pursuant to Local Rule 83.1(d Counsel for the State of North Carolina, Governor Patrick L. McCrory, and the North Carolina Department of Public Safety MCGLINCHEY STAFFORD By: /s/ Robert N. Driscoll Robert N. Driscoll* 1275 Pennsylvania Avenue NW Suite 420 Washington, DC Telephone: ( Facsimile: ( *appearing pursuant to Local Rule 83.1(d Counsel for the State of North Carolina, Governor Patrick L. McCrory, and the North Carolina Department of Public Safety By: /s/ Robert C. Stephens Robert C. Stephens (State Bar #4150 General Counsel Office of the Governor of North Carolina Mail Service Center Raleigh, North Carolina Telephone: ( Facsimile: ( *appearing as Local Rule 83.1 Counsel Counsel for the State of North Carolina and Governor Patrick L. McCrory 11

20 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 13 of 15 MILLBERG GORDON STEWART PLLC By: /s/ William W. Stewart, Jr. William W. Stewart, Jr. (State Bar #21059 Frank J. Gordon (State Bar #15871 B. Tyler Brooks (State Bar # Haynes Street, Suite 104 Raleigh, NC Telephone: ( Fax: ( Counsel for the State of North Carolina, Governor Patrick L. McCrory, and the North Carolina Department of Public Safety SCHAERR-DUNCAN LLP By: /s/ S. Kyle Duncan S. Kyle Duncan* (DC Bar # Lead Counsel Gene Schaerr* (DC Bar # K Street NW, Suite 900 Washington, DC Telephone: ( Fax: ( kduncan@schaerr-duncan.com gschaerr@schaerr-duncan.com *appearing pursuant to Local Rule 83.1(d By: /s/ Robert D. Potter, Jr. Robert D. Potter, Jr. (State Bar #17553 Attorney at Law 2820 Selwyn Avenue, #840 Charlotte, NC Telephone: ( rdpotter@rdpotterlaw.com Counsel for Intervenor-Defendants President Pro Tempore Phil Berger and Speaker Tim Moore 12

21 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 14 of 15 ALLIANCE DEFENDING FREEDOM By: /s/ James A. Campbell Jeremy D. Tedesco, AZ * James A. Campbell, AZ * Kristen Waggoner, AZ * Kenneth J. Connelly, AZ * Joseph E. LaRue, AZ * J. Caleb Dalton, AZ * N. 90th Street Scottsdale, Arizona ( ( Fax *appearing pursuant to Local Rule 83.1(d David A. Cortman, GA * J. Matthew Sharp, GA * 1000 Hurricane Shoals Road NE Suite D-1100 Lawrenceville, Georgia ( ( Fax *appearing pursuant to Local Rule 83.1(d LIBERTY, LIFE, AND LAW FOUNDATION By: /s/ Deborah J. Dewart Deborah J. Dewart, NC Bar E. Sabiston Drive Swansboro, NC ( ( Fax Local Civil Rule 83.1 Counsel Counsel for North Carolinians for Privacy 13

22 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 15 of 15 CERTIFICATE OF SERVICE I hereby certify that, on this date, I served the foregoing document to all counsel of record via electronic mail and that I also served a copy via U.S. mail upon counsel of record for each of the parties and amici as well as the following individual, in accordance with Rule 5 of the Federal Rules of Civil Procedure: Chris Sevier 9 Music Square South 247 Nashville, TN This the 5th day of August, By: /s/ William W. Stewart, Jr. William W. Stewart, Jr. (State Bar #21059 Counsel for the State of North Carolina, Governor McCrory, and the North Carolina Department of Public Safety MILLBERG GORDON STEWART PLLC 1101 Haynes Street, Suite 104 Raleigh, NC Telephone: ( Fax: ( bstewart@mgsattorneys.com 14

23 Case 1:16-cv TDS-JEP Document Filed 08/19/16 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOAQUÍN CARCAÑO, et al., Plaintiffs, v. No. 1:16-cv TDS-JEP PATRICK MCCRORY, et al., Defendants, and PHIL BERGER, et al., Intervenor-Defendants. [PROPOSED] ORDER Having reviewed Plaintiffs Motion for an Extension of Time to Designate Rebuttal Expert Witnesses, and for good cause shown, it is hereby ORDERED that Plaintiffs motion for extension of time is GRANTED. The parties shall designate and identify rebuttal expert witnesses (if any on or by September 2, All other deadlines in the Scheduling Order previously entered by this Court (ECF No. 96 shall remain unaffected by this Order. Dated: Hon. Joi Elizabeth Peake United States Magistrate Judge 1