-1-

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF NORTH CAROLINA

- - - - - - - - - - - - - - - - - - - - - - - - - - - x
MARCIE FISHER-BORNE, et al.,
Plaintiffs,
v.
JOHN W. SMITH, et al.,
Defendants.
:
:
:
:
:
:
:
:
CIVIL ACTION
NO. 1:12-cv-00589
- - - - - - - - - - - - - - - - - - - - - - - - - - - x
ELLEN W. GERBER, et al.,
Plaintiffs,
v.
ROY COOPER, et al.,
Defendants.
:
:
:
:
:
:
:
:
CIVIL ACTION
NO. 1:14-cv-00299
- - - - - - - - - - - - - - - - - - - - - - - - - - - x

State Defendants Status Report Pursuant to
the Courts October 6, 2014 Order

In response to the Order entered October 6, 2014 (the October 6 Order), the State
Defendants in the above-captioned actions submit this status report detailing the following matters:
1. The mandate issued by the Fourth Circuit 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 4354536 (Oct. 6, 2014), constitutes binding
precedent in this Court.
2. No discovery is required.
3. The adoption claims should be dismissed with prejudice as moot.
Case 1:12-cv-00589-WO-JEP Document 112 Filed 10/07/14 Page 1 of 4
-2-
4. No further briefing is required on any remaining issues. The State
Defendants intend to file an Answer to Plaintiffs Complaint in accordance with the law as
mandated by Bostic v. Schaefer, but preserving the positions of Defendants JOHN W.
SMITH, in his official capacity as the Director of North Carolina Administrative Office of the
Courts, and ROY A. COOPER, in his official capacity as the North Carolina Attorney
General, that neither are proper parties to this action.
1
Moreover, given that the adoption
issues will have been rendered moot, the State Defendants will further seek the dismissal of
Defendants 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; THE HONORABLE AL
JEAN BOGLE, in her official capacity as Clerk of the Superior Court for Catawba County.
Respectfully submitted, this the 7th day of October, 2014.

ROY COOPER
North Carolina Attorney General


/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


1
Pending before the court is the parties' proposed consent order that reflects the dismissal of the Attorney General
as a named party-defendant, and a contemporaneous agreement to amend the case caption to include the Attorney
General as an Intervenor on behalf of the State of North Carolina.
Case 1:12-cv-00589-WO-JEP Document 112 Filed 10/07/14 Page 2 of 4
-3-
/s/ Olga E. Vysotskaya de Brito
Olga E. Vysotskaya de Brito
Special Deputy Attorney General
North Carolina State Bar No. 31846
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
Special Deputy Attorney General
North Carolina State Bar No. 39222
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

Case 1:12-cv-00589-WO-JEP Document 112 Filed 10/07/14 Page 3 of 4
-4-
CERTIFICATE OF SERVICE
I hereby certify that on the 7
th
day of October 2014, I electronically filed the foregoing
STATE DEFENDANTS STATUS REPORT 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
Special Deputy Attorney General



Case 1:12-cv-00589-WO-JEP Document 112 Filed 10/07/14 Page 4 of 4