Notice of Appeal — Moore v. Circosta

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Plaintiffs Timothy K. Moore, Philip E. Berger, Bobby Heath, Maxine Whitley and Alan Swain give notice in Case 1:20-cv-00911-WO-JLW (Document 76, filed 10/15/20) of an appeal to the United States Court of Appeals for the Fourth Circuit. The appeal is from the Memorandum Opinion and Order denying the Motion for Preliminary Injunction, Doc. 74, entered on the fourteenth day of October, 2020. The notice is dated October 15, 2020 and carries /s/ lines for Nicole J. Moss of COOPER & KIRK, PLLC and Nathan A. Huff of PHELPS DUNBAR LLP, Counsel for Plaintiffs. The certificate of service refers to Plaintiffs' Motion for Temporary Stay.

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1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
TIMOTHY K. MOORE, in his 
official capacity as Speaker of 
the North Carolina House of 
Representatives, PHILIP E. 
BERGER, in his official 
capacity as President Pro 
Tempore of the North Carolina 
Senate; BOBBY HEATH, MAXINE 
WHITLEY, and ALAN SWAIN, 
 
Plaintiffs, 
v. 
DAMON CIRCOSTA, in his official 
capacity as Chair of the North 
Carolina State Board of 
Elections, STELLA ANDERSON, in 
her official capacity as a 
member of the North Carolina 
State Board of Elections, JEFF 
CARMON III, in his official 
capacity as a member of the 
North Carolina State Board of 
Elections, and KAREN BRINSON 
BELL, in her official capacity 
as the Executive Director of 
the North Carolina State Board 
of Elections, 
Defendants. 
Civil Action 
No. 1:20-CV-911 
 
NOTICE OF APPEAL 
 
 
Notice is hereby given that Timothy K. Moore, Philip E. 
Berger, Bobby Heath, Maxine Whitley, and Alan Swain, Plaintiffs in 
the above named case, hereby appeal to the United States Court of 
Appeals for the Fourth Circuit from the Memorandum Opinion and 
Order denying their Motion for Preliminary Injunction, Doc. 74, 
entered in this action on the fourteenth day of October, 2020.  
Case 1:20-cv-00911-WO-JLW   Document 76   Filed 10/15/20   Page 1 of 3

2 
 
  
Dated: October 15, 2020 
 
/s/ Nicole J. Moss 
COOPER & KIRK, PLLC 
David H. Thompson 
Peter A. Patterson 
Nicole J. Moss (State Bar No. 
31958) 
1523 New Hampshire Avenue, NW 
Washington, D.C. 20036 
(202) 220-9600 
(202) 220-9601 
nmoss@cooperkirk.com 
Counsel for Plaintiffs 
Respectfully submitted, 
 
/s/ Nathan A. Huff 
PHELPS DUNBAR LLP 
4140 ParkLake Avenue, Suite 100 
Raleigh, North Carolina 27612 
Telephone: (919) 789-5300 
Fax: (919) 789-5301 
nathan.huff@phelps.com 
State Bar No. 40626 
Local Civil Rule 83.1 Counsel 
for Plaintiffs 
 
 
Case 1:20-cv-00911-WO-JLW   Document 76   Filed 10/15/20   Page 2 of 3

3 
 
CERTIFICATE OF SERVICE 
 
The undersigned counsel hereby certifies that on the 15th day 
of October, 2020, she electronically filed the foregoing 
Plaintiffs’ Motion for Temporary Stay with the Clerk of the Court 
using the CM/ECF system, which will send notification of such to 
all counsel of record in this matter.  
 
 
 
 
 
 
 
 
 
/s/ Nicole J. Moss 
Nicole J. Moss 
 
 
 
 
 
 
 
 
 
 
Case 1:20-cv-00911-WO-JLW   Document 76   Filed 10/15/20   Page 3 of 3

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