UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA

MARCIE FISHER-BORNE, for herself and as guardian ad litem for M.F.-B., a minor; CHANTELLE FISHER-BORNE, for herself and as guardian ad litem for E.F.-B., a minor; TERRI BECK; LESLIE ZANAGLIO, for herself and as guardian ad litem for T.B.Z. and D.B.Z., both minors; SHANA CARIGNAN; MEGAN PARKER, for herself and as guardian ad litem for J.C., a minor; LEIGH SMITH; CRYSTAL HENDRIX, for herself and as guardian ad litem for J.H.-S., a minor; DANA DRAA; LEE KNIGHT CAFFERY, for herself and as guardian ad litem for M.M.C.-D. and M.L.C.-D., both minors; SHAWN LONG; CRAIG JOHNSON, for himself and as guardian ad litem for I.J.-L., a minor; Plaintiffs, v. JOHN W. SMITH, in his official capacity as the Director of the North Carolina Administrative Office of the Courts; THE HONORABLE DAVID L. CHURCHILL, in his official capacity as Clerk of the Superior Court for Guilford County; THE HONORABLE ARCHIE L. SMITH III, in his official capacity as Clerk of the Superior Court for Durham County; ROY COOPER, in his official capacity as the Attorney General of North Carolina; WILLIAM COVINGTON, in his official capacity as the Register of Deeds for Durham County; and JEFF THIGPEN, in his official capacity as the Register of Deeds for Guilford County. Defendants.

CIVIL ACTION NO. 1:12-cv000589

MOTION ON CONSENT TO AMEND CAPTION WITH RESPECT TO DEFENDANT ROY COOPER AND TO GRANT MOTION TO INTERVENE

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Plaintiffs and Defendant Roy Cooper respectfully submit this Motion on Consent. In support, Plaintiffs and Defendant Cooper state as follows: 1. (Dkt. No. 40). 2. On September 11, 2013, Defendants John W. Smith, Archie L. Smith, On July 19, 2013, Plaintiffs filed their First Amended Complaint (FAC)

Churchill and Roy Cooper filed their motion to dismiss the FAC (Dkt. No. 65). 3. Among other grounds asserted, Mr. Cooper alleged that the Court lacked

jurisdiction, and that therefore, the FAC should be dismissed as to Mr. Cooper. At the same time, Mr. Cooper sought to intervene, in a representative capacity on behalf of the State of North Carolina, pursuant to Rule 24of the Federal Rules of Civil Procedure. 4. 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 presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality of North Carolinas statutes and constitutional amendment challenged in this action. 5. No defendant other than Mr. Cooper nor any ground to dismiss other than

Mr. Coopers jurisdictional argument is impacted by this Motion. WHEREFORE, Plaintiffs and Mr. Cooper request that the Court enter the attached Order allowing the caption of the FAC to reflect that Mr. Cooper appears in this matter for all purposes as an Intervenor rather than as a Defendant, to grant Mr. Coopers Motion to Intervene, and for such other and further relief as the Court deems just and proper.

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Dated: October 14, 2013. Of Counsel: Rose A. Saxe James D. Esseks American Civil Liberties Union Foundation 125 Broad Street New York, New York 10004-2400 Telephone: (212) 549-2500 Facsimile: (212) 549-2646 rsaxe@aclu.org jesseks@aclu.org Elizabeth O. Gill American Civil Liberties Union Foundation 39 Drumm Street San Francisco, California 94111-4805 Telephone: (415) 343-1237 Facsimile: (415) 255-1478 egill@aclunc.org Christopher Brook N.C. State Bar No. 33838 ACLU of North Carolina P.O. Box 28004 Raleigh, North Carolina 27611-8004 Telephone: (919) 834-3466 Facsimile: (866) 511-1344 cbrook@acluofnc.org Garrard R. Beeney David A. Castleman Catherine M. Bradley William R.A. Kleysteuber Daniel W. Meyler SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004-2498 Telephone: (212) 558-4000 Facsimile: (212) 558-3588 beeneyg@sullcrom.com /s/ Jonathan D. Sasser Jonathan D. Sasser N.C. State Bar No. 10028 Jeremy M. Falcone N.Y. State Bar No. 36182 Ellis & Winters LLP P.O. Box 33550 Raleigh, North Carolina 27636 Telephone: (919) 865-7000 Facsimile: (919) 865-7010 jon.sasser@elliswinters.com jeremy.falcone@elliswinters.com Attorneys for the Plaintiffs ROY COOPER North Carolina Attorney General /s/ Mable Y. Bullock Mable Y. Bullock Special Deputy Attorney General N.C. State Bar No. 10592 mbullock@ncdoj.gov North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 716-6864 Facsimile: (919) 716-6758 Amar Majmundar Special Deputy Attorney General North Carolina State Bar No. 24668 North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 716-6821 Facsimile: (919) 716-6759 amajmundar@ncdoj.gov

Olga E. Vysotskaya de Brito Assistant Attorney General North Carolina State Bar No. 31846 North Carolina Department of Justice

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P.O. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 716-0185 Facsimile: (919) 716-6759 ovysotskaya@ncdog.gov Charles G. Whitehead Special Deputy Attorney General North Carolina State Bar No. 39222 North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602 Telephone: (919) 716-6840 Facsimile: (919) 716-6758 cwhitehead@ncdoj.gov Attorneys for Defendant Roy Cooper

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA MARCIE FISHER-BORNE, for herself and as guardian ad litem for M.F.-B., a minor; CHANTELLE FISHER-BORNE, for herself and as guardian ad litem for E.F.-B., a minor; TERRI BECK; LESLIE ZANAGLIO, for herself and as guardian ad litem for T.B.Z. and D.B.Z., both minors; SHANA CARIGNAN; MEGAN PARKER, for herself and as guardian ad litem for J.C., a minor; LEIGH SMITH; CRYSTAL HENDRIX, for herself and as guardian ad litem for J.H.-S., a minor; DANA DRAA; LEE KNIGHT CAFFERY, for herself and as guardian ad litem for M.M.C.-D. and M.L.C.-D., both minors; SHAWN LONG; CRAIG JOHNSON, for himself and as guardian ad litem for I.J.-L., a minor; Plaintiffs, v. JOHN W. SMITH, in his official capacity as the Director of the North Carolina Administrative Office of the Courts; THE HONORABLE DAVID L. CHURCHILL, in his official capacity as Clerk of the Superior Court for Guilford County; THE HONORABLE ARCHIE L. SMITH III, in his official capacity as Clerk of the Superior Court for Durham County; WILLIAM COVINGTON, in his official capacity as the Register of Deeds for Durham County; and JEFF THIGPEN, in his official capacity as the Register of Deeds for Guilford County. Defendants, and ROY COOPER, in his representative capacity as the Attorney General of North Carolina,

CIVIL ACTION NO. 1:12-cv-589

[PROPOSED] ORDER GRANTING MOTION TO AMEND CAPTION IN THE FIRST AMENDED COMPLAINT WITH RESPECT TO DEFENDANT COOPER AND TO GRANT MOTION TO INTERVENE

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Intervenor.
Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, it is hereby ORDERED that the joint motion of Plaintiffs and Defendant Cooper to amend the caption of the First Amended Complaint to dismiss Mr. Cooper as a Party-Defendant is GRANTED. The motion for Mr. Cooper to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure is GRANTED, and Mr. Cooper shall appear in this matter, in a representative capacity, as an Intervenor on behalf of the State of North Carolina for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality of North Carolinas statutes and constitutional amendment challenged in this action.

This the ___ day of October, 2013.

________________________________ United States District Court

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