National Association for the Advancement of Colored People et al v. Reeves et al
| National Association for the Advancement of Colored People, Mississippi State Conference of the National Association for the Advancement of Colored People, Jackson City Branch of the NAACP, Derrick Johnson, Frank Figgers, Charles Taylor, Markyel Pittman, Charles Jones and Nsombi Lambright-Haynes |
| Tate Reeves, Sean Tindell, Bo Luckey, Michael K. Randolph and Lynn Fitch |
| JXN Undivided Coalition, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE, MISSISSIPPI POOR PEOPLES CAMPAIGN, BLACK VOTERS MATTER, Rukia Lumumba and Arekia Bennett-Scott |
| 3:2023cv00272 |
| April 21, 2023 |
| US District Court for the Southern District of Mississippi |
| LaKeysha Greer Isaac |
| Henry T Wingate |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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Filing 70
MEMORANDUM in Support re #69 MOTION to Intervene filed by United States (Williams-Federal Gov, Angela)
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Filing 69
MOTION to Intervene by United States (Attachments: #1 Exhibit 1-Certificate of Public Importance, #2 Exhibit 2-Complaint in Intervention)(Williams-Federal Gov, Angela)
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Filing 68
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Proceedings held on 06/29/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/10/2023. (CM)
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TEXT ONLY ORDER granting #48 Motion to Consolidate Civil Case No 3:23-cv-351-TSL-RPM, JXN Undivided Coalition, et al. v. Tindell, et al. with this case, Civil Case No. 3:23-cv-272-HTW-LGI, NAACP et al. v. Reeves et al. The Clerk of Court and parties are advised that these matters have been consolidated, and all further filings in these matters shall be submitted under Civil Case No. 3:23-cv-272-HTW-LGI. WRITTEN OPINION TO FOLLOW. Signed by District Judge Henry T. Wingate on 7/6/2023 (nd) Modified on 7/6/2023 (nd).
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Filing 67
Response in Support re #65 NOTICE of Plaintiffs' Additional Support for Declaratory Relief as Against Chief Justice Randolph by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity (Attachments: # 1 Proposed Order)(Lynch - PHV, Mark) filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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DOCKET ANNOTATION as to #65 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (LAT)
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Filing 66
Response in Opposition re #65 NOTICE of Plaintiffs' Additional Support for Declaratory Relief as Against Chief Justice Randolph by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity (Attachments: # 1 Proposed Order)(Lynch - PHV, Mark) filed by Michael K. Randolph (Nelson, Ned)
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Filing 65
NOTICE of Plaintiffs' Additional Support for Declaratory Relief as Against Chief Justice Randolph by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity (Attachments: #1 Proposed Order)(Lynch - PHV, Mark)
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NOTICE OF TIME CHANGE: Oral Arguments on First Motion for Preliminary Injunction in Civil Action No. 3:23-cv-00351-TSL-RPM set for 6/29/2023 has been moved to 11:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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NOTICE OF ORAL ARGUMENTS on First Motion for Preliminary Injunction in Civil Action No. 3:23-cv-00351-TSL-RPM: Motion Hearing set for 6/29/2023 at 9:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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Filing 64
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Proceedings held on 06/14/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/21/2023. (CM)
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Filing 63
REPLY to Response to Motion re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity and Response in Opposition re #54 Motion for Rule 54(b) Certification filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Minute Entry for proceedings held before District Judge Henry T. Wingate: Motion Hearing held on 6/14/2023 re Parties' Responses to the Court's June 2, 2023 Inquiry #46 , #47 , and Motion to Consolidate Cases #48 filed by PEOPLES ADVOCACY INSTITUTE, Rukia Lumumba, Arekia Bennett-Scott, Mississippi Votes, JXN Undivided Coalition, BLACK VOTERS MATTER, MISSISSIPPI POOR PEOPLES CAMPAIGN. The Court heard oral arguments from the parties. APPEARANCES: Carroll Rhodes and Brenden Cline for Plaintiffs. Rex Shannon and Gerald Kucia on behalf of Defendants Sean Tiddell, Lynn Fitch and Bo Luckey. Mark Nelson on behalf of Chief Justice Michael Randolph. Chief Justice Michael Randolph appeared in his official capacity. Also appearing on behalf of parties in Civil Action No. 3:23-cv-351: Cliff Johnson, II, Paloma Wu, and Robert McDuff for Plaintiffs. Chadwick Williams and Wilson Minor for Defendants. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)
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Filing 62
NOTICE of Appearance by J. Cliff Johnson, II on behalf of BLACK VOTERS MATTER, Arekia Bennett-Scott, JXN Undivided Coalition, Rukia Lumumba, MISSISSIPPI POOR PEOPLES CAMPAIGN, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE (Johnson, J.)
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Filing 61
Joinder in Document by Lynn Fitch, Bo Luckey, Sean Tindell to #59 Response in Opposition, filed by Bo Luckey, Sean Tindell, #60 Memorandum in Opposition to Motion filed by Bo Luckey, Sean Tindell (Shannon-State Gov, Rex)
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Filing 60
MEMORANDUM in Opposition re #48 MOTION to Consolidate Cases filed by Bo Luckey, Sean Tindell (Williams-State Gov, J.)
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Filing 59
Response in Opposition re #48 MOTION to Consolidate Cases by JXN Undivided Coalition, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE, MISSISSIPPI POOR PEOPLES CAMPAIGN, BLACK VOTERS MATTER, Rukia Lumumba, Danyelle Holmes, Arekia Bennett-Scott (Attachments: # 1 Exhibit Civil Cover Sheet in Jxn Und. v. Tindell, # 2 Exhibit Complaint in Jxn Und. v. Tindell)(Wu, Paloma) filed by Sean Tindell, Bo Luckey (Williams-State Gov, J.)
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Filing 58
RESPONSE in Opposition re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Lynn Fitch, Bo Luckey, Sean Tindell (Shannon-State Gov, Rex)
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Filing 57
REPLY to Response to Motion re #40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit Second Declaration of Tomie Green)(Lynch - PHV, Mark)
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Filing 56
Unopposed MOTION for Leave to File Excess Pages by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Charles Taylor (Lynch - PHV, Mark)
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Filing 55
Response in Opposition re #47 NOTICE of Plaintiffs' Position on TRO on Appointment of Judges Pursuant to H.B. 1020 Sec. 1 by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark), #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1 - 2023.05.22 Transcript of Motions Hearing)(Lynch - PHV, Mark), #52 MEMORANDUM in Support re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) filed by Michael K. Randolph (Nelson, Ned)
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Filing 54
MOTION for Certificate of Appealability by Michael K. Randolph (Nelson, Mark)
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Filing 53
Letter from Rex M. Shannon III in re #50 RESPONSE in Opposition re #40 MOTION for Preliminary Injunction. (Attachments: #1 USB Flash Drive, #2 Envelope) (ND)
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Filing 52
MEMORANDUM in Support re #51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Filing 51
MOTION to Clarify June 1, 2023 Order on Judicial Immunity by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1 - 2023.05.22 Transcript of Motions Hearing)(Lynch - PHV, Mark)
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Filing 50
RESPONSE in Opposition re #40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: #1 Exhibit 1a - Selected Legislative Records (1 of 2), #2 Exhibit 1b - Selected Legislative Records (2 of 2), #3 Exhibit 2 - Selected Judicial Appointment Orders, #4 Exhibit 3a - Selected Population Data (1 of 2), #5 Exhibit 3b - Selected Population Data (2 of 2), #6 Exhibit 4 - Selected Jackson Water Litigation Documents, #7 Exhibit 5 - Selected State Documents, #8 Exhibit 6 - Selected Additional News Reports)(Shannon-State Gov, Rex)
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Filing 49
MEMORANDUM in Support re #48 MOTION to Consolidate Cases filed by BLACK VOTERS MATTER, Arekia Bennett-Scott, JXN Undivided Coalition, Rukia Lumumba, MISSISSIPPI POOR PEOPLES CAMPAIGN, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE (Wu, Paloma) Modified on 6/13/2023 to correct parties (ND).
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Filing 48
MOTION to Consolidate Cases by JXN Undivided Coalition, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE, MISSISSIPPI POOR PEOPLES CAMPAIGN, BLACK VOTERS MATTER, Rukia Lumumba, Arekia Bennett-Scott (Attachments: #1 Exhibit Civil Cover Sheet in Jxn Und. v. Tindell, #2 Exhibit Complaint in Jxn Und. v. Tindell)(Wu, Paloma) Modified on 6/13/2023 to correct parties (ND).
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NOTICE OF ORAL ARGUMENT re: Parties' Responses to the Court's June 2, 2023 Inquiry #46 , #47 and MOTION to Consolidate Cases #48 : Motion Hearing set for 6/14/2023 10:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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Filing 47
NOTICE of Plaintiffs' Position on TRO on Appointment of Judges Pursuant to H.B. 1020 Sec. 1 by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Filing 46
NOTICE of Defendants' Response to Court's E-mail Inquiry of June 2, 2023 by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: #1 Exhibit 1 - Response Letter and Transmittal E-mail, #2 Exhibit 2 - E-mail Inquiry from Court)(Shannon-State Gov, Rex)
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Filing 45
ORDER granting #19 Motion to Dismiss. Signed by District Judge Henry T. Wingate on 6/1/2023 (nd)
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TEXT ONLY ORDER. On May 31, 2023, Plaintiffs herein filed #44 Notice of Voluntary Dismissal of Defendant Governor Tate Reeves under Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of Court, pursuant to said Notice, has terminated Defendant Tate Reeves from this lawsuit. This court, accordingly, dismisses as moot at this juncture #31 Defendant's Motion to Dismiss for Lack of Jurisdiction. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 6/1/2023 (nd)
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Filing 44
NOTICE of Voluntary Dismissal by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Filing 43
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Proceedings held on 05/22/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023. (CM)
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TEXT ONLY ORDER granting #42 Motion to Appear Pro Hac Vice. That Attorney Eric H. Holder, Jr. be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/30/23 (NL)
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Filing 42
MOTION for Eric Holder, Jr. to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5126179) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-PHV Application, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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DOCKET ANNOTATION as to #39 : Disregard this entry. It has been correctly refiled as Doc. #40 . (LAT)
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Filing 41
MEMORANDUM in Support re #40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Filing 40
MOTION for Preliminary Injunction Re Appointment of Judges by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1 - Second Declaration of Charles Taylor w atts, #2 Exhibit 2 - Second Declaration of Nsombi Lambright-Haynes, #3 Exhibit 3 - Declaration of Tomie Green w atts, #4 Exhibit 4 - Declaration of Jed Handelsman Shugerman, #5 Exhibit 5 - Declaration of Edward Blackmon, Jr.)(Lynch - PHV, Mark)
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Filing 39
***ERROR***DISREGARD THIS ENTRY.***MOTION for Preliminary Injunction Re Appointment of Judges by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) Modified on 5/25/2023 (LAT).
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Filing 38
ORDER. Signed by District Judge Henry T. Wingate on 5/23/2023 (nd)
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TEXT ONLY ORDER. On May 22, 2023, this Court heard oral arguments from the parties re: the Motion to Dismiss filed by Defendant Hon. Michael K. Randolph, in his official capacity as Chief Justice of the Mississippi Supreme Court. Accordingly, this Court dismisses #27 Defendant's Motion for Hearing as MOOT at this juncture. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/23/2023 (nd)
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Minute Entry for proceedings held before District Judge Henry T. Wingate: Motions Hearing held on 5/22/2023 re #19 MOTION to Dismiss filed by Defendant Chief Justice Michael K. Randolph and #24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Markyel Pittman, Jackson City Branch of the NAACP, National Association for the Advancement of Colored People, Charles Jones, Charles Taylor, Nsombi Lambright-Haynes. APPEARANCES: Carrol Rhodes, Gary Guzy and Joseph Schottenfeld for Plaintiffs. Rex Shannon and Gerald Kucia on behalf of Defendants Tate Reeves, Sean Tindell, Lynn Fitch and Bo Luckey. Ned Nelson and Mark Nelson on behalf of Chief Justice Michael Randolph. Also appearing: Chief Justice Michael K. Randolph. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB) Modified on 5/23/2023 (nd).
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Filing 37
REPLY to Response to Motion re #24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark)
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Filing 36
ORDER STAYING ATTORNEY CONFERENCE, DISCLOSURE REQUIREMENTS, AND ALL DISCOVERY PURSUANT TO L.U.Civ.R. 16(b)(3)- IT IS, THEREFORE, ORDERED AND ADJUDGED that pursuant to L.U.Civ.R. 16(b)(3), and until any subsequent order of this Court to the contrary, the attorney conference, initial disclosure requirements, and any and all discovery in this matter are hereby STAYED pending the Courts ruling on the aforementioned motion [ECF #31], including the outcome of any appeal. Signed by District Judge Henry T. Wingate on 5/19/23 (LAT)
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Filing 35
REPLY to Response to Motion re #25 Response in Opposition to Motion,, #19 MOTION to Dismiss filed by Michael K. Randolph (Nelson, Mark)
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Filing 34
RESPONSE in Opposition re #24 Second MOTION for Temporary Restraining Order filed by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: #1 Exhibit 1 - HB 1020 Legislative Record, #2 Exhibit 2 - Hinds Chancery Mem. Op., #3 Exhibit 3 - Hinds Chancery Final Jmt., #4 Exhibit 4 - News Reports 1 of 2, #5 Exhibit 5 - News Reports 2 of 2, #6 Exhibit 6 - MSSC News Release)(Shannon-State Gov, Rex)
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Filing 33
Separate ANSWER to #1 Complaint,, by Lynn Fitch, Bo Luckey, Sean Tindell.(Shannon-State Gov, Rex)
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Filing 32
MEMORANDUM in Support re #31 MOTION to Dismiss for Lack of Jurisdiction filed by Tate Reeves (Shannon-State Gov, Rex)
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Filing 31
MOTION to Dismiss for Lack of Jurisdiction by Tate Reeves (Attachments: #1 Exhibit A - 2023 H.B. 1020, #2 Exhibit B - 2023 S.B. 2343)(Shannon-State Gov, Rex)
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Filing 30
RESPONSE in Support re #27 MOTION for Hearing re #19 MOTION to Dismiss filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Rhodes, Carroll)
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Filing 29
NOTICE of Appearance by Gerald L. Kucia on behalf of Lynn Fitch (Kucia, Gerald)
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Filing 28
NOTICE of Appearance by Rex M. Shannon-State Gov, III on behalf of Lynn Fitch (Shannon-State Gov, Rex)
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Filing 27
MOTION for Hearing re #19 MOTION to Dismiss by Michael K. Randolph (Nelson, Mark)
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Filing 26
ORDER re #24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Markyel Pittman, Jackson City Branch of the NAACP, National Association for the Advancement of Colored People, Charles Jones, Charles Taylor, Nsombi Lambright-Haynes. Signed by District Judge Henry T. Wingate on 5/12/2023 (nd)
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NOTICE OF HEARING on Motion #24 Second Motion for Temporary Restraining Order : Motion Hearing set for 5/22/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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Filing 25
RESPONSE in Opposition re #19 MOTION to Dismiss filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit A - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 45, #2 Exhibit B - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 29, #3 Exhibit C - Transcript of Teleconference, May 1, 2023)(Lynch - PHV, Mark)
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Filing 24
Second MOTION for Temporary Restraining Order by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit A - Declaration of Carroll Rhodes, #2 Proposed Order)(Lynch - PHV, Mark)
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Filing 23
NOTICE of Filings in State Court by Michael K. Randolph (Attachments: #1 Exhibit Memorandum Opinion of State Court, #2 Exhibit Judgment of State Court)(Nelson, Mark)
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Filing 22
ORDER Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)
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Filing 21
NOTICE Regarding Filing re #19 MOTION to Dismiss, #20 MEMORANDUM in Support re MOTION to Dismiss by Michael K. Randolph (Attachments: #1 Exhibit Preliminary Injunction Temporarily Restraining Effectuation of Provisions of House Bill 1020)(Nelson, Ned) Modified on 5/4/2023 (LAT).
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Filing 20
MEMORANDUM in Support re #19 MOTION to Dismiss filed by Michael K. Randolph (Nelson, Ned)
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Filing 19
MOTION to Dismiss by Michael K. Randolph (Nelson, Ned)
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TEXT ONLY ORDER granting #16 Attorney Gary Guzy's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)
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TEXT ONLY ORDER granting #15 Attorney Megan Crowley's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)
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TEXT ONLY ORDER granting #17 Attorney Mark Lynch's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)
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TEXT ONLY ORDER granting #18 Attorney Brenden Cline's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)
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***Deadlines/Hearings terminated. The 5/5/2023 motion hearings are cancelled pursuant to the 5/4/2023 Order (Docket No. 22) and shall be reset for a later date and time. (TDB)
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Filing 18
MOTION for Brenden Cline to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108567) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-Application for Pro Hac Vice Brenden Cline, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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Filing 17
MOTION for Mark Lynch to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108555) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-Application for Pro Hac Vice for Mark Lynch, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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Filing 16
MOTION for Gary Guzy to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108534) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-Application for Pro Hac Vice for Gary Guzy, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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Filing 15
MOTION for Megan Crowley to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108513) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1Application for Pro Hac Vice Megan Crowley, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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TEXT ONLY ORDER granting #14 Motion for Attorney Joseph Schottenfeld to Appear Pro Hac Vice on behalf of the Plaintiffs: Frank Figgers; Jackson City Branch of the NAACP; Derrick Johnson; Charles Jones; Nsombi Lambright-Haynes; Mississippi State Conference of the National Association for the Advancement of Colored People; National Association for the Advancement of Colored People; Markyel Pittman; and Charles Taylor. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/3/2023 (nd)
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Filing 14
MOTION for Joseph Schottenfeld to Appear Pro Hac Vice fee already paid by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-Application for Pro Hac Vice for Joseph Schottenfeld, #2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll)
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Pro Hac Vice fee paid for Joseph Schottenfeld receipt number AMSSDC-5107085 $ 100 (Rhodes, Carroll)
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TEXT ONLY ORDER. On April 29, 2023, a Saturday afternoon, at 6:54 PM, Counsel for Plaintiffs, Carroll Rhodes, filed on ECF a Notice of Discovery of Error in Filing, stating that Plaintiffs' counsel attached Exhibits in support of Plaintiffs Necessitous and Urgent Motion for a Temporary Restraining Order to the Memorandum in Support of that Motion, instead of to the Motion itself, as required by Local Uniform Civil Rule 7(b)(2). After identifying this error, Attorney Rhodes said in the Notice that he would contact the Clerk of Court as soon as the court's offices open on Monday, May 1, 2023, to seek guidance on correcting his error. This court finds that Counsel need not refile his Exhibits. Plaintiffs' Exhibits, [12-1 through 12-4], hereby are construed as properly filed. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/1/2023 (nd)
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TEXT ONLY ORDER. This day, 5/1/2023, at 10:27 am, this court sent via electronic mail to the only two identified counsels of record in the above-styled and numbered cause, the following: "Good Morning: Judge Wingate has set a telephonic status conference in this matter for this morning at 11:30 am. The ECF docket shows that the defendants were served last week; however, the only Entry of Appearance, as shown, is the Nelson Law Firm, on behalf of Justice Randolph. Judge Wingate has requested that you please alert this court of the identities of the remaining defendants' attorneys, if such have been verified. Thank you." NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/1/2023 (nd)
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NOTICE OF TIME CHANGE: Reset Hearing: The time for the 5/1/2023 Telephonic Conference has been being reset to 12:00 PM in Courtroom 6A (Jackson) before District Judge Henry T. Wingate. Parties are to use the same dial-in instructions. The original set time was 11:30 am; however, counsel for Defendant Randolph, namely, Nelson Law Firm, PLLC, informed this court by telephone at approximately 11:00 am, that the Firm currently was traveling by automobile to Jackson, Mississippi, and because of this circumstance, the Firm would not be able to participate in the scheduled telephonic conference until 12:00 pm on this date. This court approved the time change. (TDB) Modified on 5/1/2023 (nd).
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Set Hearing: Telephone Conference set for 5/1/2023 11:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. Email to follow with dial instructions. (TDB)
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Minute Entry for proceedings held before District Judge Henry T. Wingate: Telephone Conference held on 5/1/2023.This date, May 1, 2023, at 12:00 noon, this court began a status conference in the above-styled and numbered cause on Plaintiffs' motion for emergency injunctive relief. Present on the telephone call were: counsel for Plaintiffs ( National Association for Advancement of Colored People, Mississippi State Conference of the National Association for the Advancement of Colored People, Jackson City Branch of NAACP, Derrick Johnson, Frank Friggers, Charles Taylor, Markyel Pittman, Charles Jones and Nsombi Lambright-Haynes;) Carroll Rhodes, counsel for Defendants (Chief Justice Randolph;) Mark Nelson, (Tate Reeves, Sean Tindell, Bo Luckey and Lynn Finch) Rex Shannon and Gerald Kucia. After the Court heard from counsel during this court-reported hearing, this court was advised that Justice Randolph is seeking excusal from this lawsuit by virtue of absolute judicial immunity, to which Plaintiffs' counsel objects. Since this a jurisdictional issue, this court needs to address that issue immediately and prior to any resolution on the Temporary Restraining Order. Therefore, this court will do just that. The Court will hear the arguments from counsel on the matter of Chief Justice Randolph's absolute judicial immunity claim at 9:30 a.m., Friday morning, May 5, 2023, and arguments on the Temporary Restraining Order, thereafter, at 1:30 p.m. that same Friday. Counsel for Defendants has requested until Thursday, May 4, 2023, of this week, to submit his brief of opposition to Plaintiffs' Motion for Temporary Restraining Order. Plaintiffs' counsel expects to receive the brief in support of absolute judicial immunity for Chief Justice Randolph on that same Thursday and Plaintiff counsel said that he can have his response submitted by Friday morning, May 5, 2023. Again, this court is setting arguments on Chief Justice Randolph's motion for Friday, May 5, 2023, at 9:30 o'clock a.m. If this court needs additional time beyond Friday afternoon, on the matters above-described, this court is directing all counsel to be available for continuance of hearing on Saturday morning, May 6, 2023, at 9:30 o'clock a.m. until the issues are resolved. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. (TDB) Modified on 5/2/2023 (nd).
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NOTICE OF HEARING ON MOTION #11 Motion for Temporary Restraining Order :Motion Hearing set for 5/5/2023 01:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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NOTICE OF HEARING re: Absolute Judicial Immunity Issue set for 5/5/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)
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Filing 13
NOTICE of Discovery of Error in Filing by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor re #11 MOTION for Temporary Restraining Order , #12 Memorandum in Support of Motion,, (Rhodes, Carroll)
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Filing 12
MEMORANDUM in Support re #11 MOTION for Temporary Restraining Order filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: #1 Exhibit 1-HB 1020 as signed by the Governor and history, #2 Exhibit 2-Declaration of Charles Taylor with attachments, #3 Exhibit 3-Declaration of Frank Figgers, #4 Exhibit 4-Declaration of Nsombi Lambright-Haynes)(Rhodes, Carroll)
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Filing 11
MOTION for Temporary Restraining Order by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Rhodes, Carroll)
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Filing 10
SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Bo Luckey served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll)
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Filing 9
SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Lynn Fitch served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll)
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Filing 8
SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Sean Tindell served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll)
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Filing 7
SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Michael K. Randolph served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll)
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Filing 6
SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Tate Reeves served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll)
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Filing 5
NOTICE of Appearance by Ned Andrew Nelson on behalf of Michael K. Randolph (Nelson, Ned)
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Filing 4
NOTICE of Appearance by Mark A. Nelson on behalf of Michael K. Randolph (Nelson, Mark)
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Filing 3
Corporate Disclosure Statement by Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People (Rhodes, Carroll)
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Filing 2
Summons Issued as to Lynn Fitch, Bo Luckey, Michael K. Randolph, Tate Reeves, and Sean Tindell. (ND)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Lynn Fitch, Bo Luckey, Michael K. Randolph, Tate Reeves, and Sean Tindell ( Filing fee $ 402 paid; receipt number AMSSDC-5100264 ), filed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, and Jackson City Branch of the NAACP. (Attachments: #1 Civil Cover Sheet)(ND)
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