Opinion
No. 260PA22
08-30-2023
Jay SINGLETON, D.O., and Singleton Vision Center, P.A. v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES ; Roy Cooper, Governor of the State of North Carolina, in his official capacity; Mandy Cohen, North Carolina Secretary of Health and Human Services, in her official capacity; Phil Berger, President Pro Tempore of the North Carolina Senate, in his official capacity; and Tim Moore, Speaker of the North Carolina House of Representatives, in his official capacity
Joshua A. Windham, Attorney at Law, For Singleton, Jay (D.O.), et al. Derek L. Hunter, Special Deputy Attorney General, For North Carolina Department of Health and Human Services, et al. John H. Schaeffer, Assistant Attorney General, For North Carolina Department of Health and Human Services, et al. Nicholas S. Brod, Assistant Solicitor General, For North Carolina Department of Health and Human Services, et al. Ryan Y. Park, Solicitor General, For North Carolina Department of Health and Human Services, et al. R. Daniel Gibson, Attorney at Law, Apex, For John Locke Foundation, et al. James Benjamin Garner, Attorney at Law, For Folwell, Dale R. (Treasurer). Aaron D. Vodicka, Attorney at Law, For Folwell, Dale R. (Treasurer). B. Tyler Brooks, Attorney at Law, Raleigh, For Certificate of Need Scholars. Jonathan D. Guze, Attorney at Law, Durham, For John Locke Foundation, et al. Renee D. Flaherty, Attorney at Law, For Singleton, Jay (D.O.), et al.
Joshua A. Windham, Attorney at Law, For Singleton, Jay (D.O.), et al.
Derek L. Hunter, Special Deputy Attorney General, For North Carolina Department of Health and Human Services, et al.
John H. Schaeffer, Assistant Attorney General, For North Carolina Department of Health and Human Services, et al.
Nicholas S. Brod, Assistant Solicitor General, For North Carolina Department of Health and Human Services, et al.
Ryan Y. Park, Solicitor General, For North Carolina Department of Health and Human Services, et al.
R. Daniel Gibson, Attorney at Law, Apex, For John Locke Foundation, et al.
James Benjamin Garner, Attorney at Law, For Folwell, Dale R. (Treasurer).
Aaron D. Vodicka, Attorney at Law, For Folwell, Dale R. (Treasurer).
B. Tyler Brooks, Attorney at Law, Raleigh, For Certificate of Need Scholars.
Jonathan D. Guze, Attorney at Law, Durham, For John Locke Foundation, et al.
Renee D. Flaherty, Attorney at Law, For Singleton, Jay (D.O.), et al.
ORDER
Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 15th of August 2022 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendants, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is
"Allowed by order of the Court in conference, this the 30th of August 2023."
Upon consideration of the petition filed on the 15th of August 2022 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Allowed by order of the Court in conference, this the 30th of August 2023."
The following order has been entered on the motion filed on the 9th of September 2022 by Plaintiffs to Admit Renee D. Flaherty for Admission Pro Hac Vice:
"Motion Allowed by order of the Court in conference, this the 30th of August 2023."
Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15 (g)(2).