Case: M.R. v. Board of School Commissioners of Mobile County (Ala.)

1:11-cv-00245 | U.S. District Court for the Southern District of Alabama

Filed Date: May 21, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 21, 2011, multiple students of the Mobile County Public School System (MCPSS) filed this lawsuit in the United States District Court of the Southern District of Alabama, under 42 U.S.C. § 1983, against the Mobile County School District. The plaintiffs, represented by private counsel and the Southern Poverty Law Center, sought a court order mandating due process hearings before the school district issues long-term suspensions or expulsions. Specifically, plaintiffs claimed that the school…

On May 21, 2011, multiple students of the Mobile County Public School System (MCPSS) filed this lawsuit in the United States District Court of the Southern District of Alabama, under 42 U.S.C. § 1983, against the Mobile County School District. The plaintiffs, represented by private counsel and the Southern Poverty Law Center, sought a court order mandating due process hearings before the school district issues long-term suspensions or expulsions. Specifically, plaintiffs claimed that the school district violated the Fourteenth Amendment right to due process by denying students a hearing before issuing long-term suspensions or expulsions. The plaintiffs also alleged that the school district also failed to notify parents before a suspension or expulsion was issued and denied students the right to defend themselves against accusations and to have an advocate or legal counsel present at a hearing.

The plaintiffs alleged the Mobile County Public School System frequently used long-term suspensions and expulsions as disciplinary measures for minor infractions. These disciplinary measures have severe detrimental impacts on students, and plaintiffs claimed that to employ these measures without a hearing is a violation of due process. School administrators often used these measures not only without a hearing, but also without informing students' parents before the suspension was issued, a violation of the School Code of Conduct Handbook. To the extent that administrators acted against the disciplinary code, the plaintiffs claimed the Board of Commissioners turned a blind eye to these actions and failed in their duties to train and supervisor administrators.

On March 1, 2013, the parties entered mediation and on June 10, 2013, the District Court (Judge William H. Steele) dismissed the case with prejudice contingent on the parties agreeing to terms of the settlement agreement. On June 28, 2013, a settlement was reached. The settlement agreement stated terms for amending the Mobile County Public School System's Conduct Code. These changes included: requiring notification of parents when the principal recommended a long-term suspension; requiring a due process hearing for any long-term suspension recommendation; changing the definition of long-term suspension from eleven or more school days to five or more school days; reducing the number of infractions that suspension may be applied to; providing information sessions for parents and students to explain discipline policies; developing alternative punishments to suspension; and training administrators and establishing goals in order to reduce suspensions, among other measures. The settlement also included individual remedies for the individually named plaintiffs.

This settlement remained in effect until August 2016. There has been no action on the docket since June 28, 2013.

Summary Authors

Claire Lally (9/24/2014)

Cade Boland (11/3/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4991882/parties/mr-v-board-of-school-commissioners-of-mobile-county/


Judge(s)

Cassady, William E. (Alabama)

Steele, William H. (Alabama)

Attorneys(s) for Plaintiff

Chartoff, Marion D. (Alabama)

Giovanetto, Levi John (District of Columbia)

Herring, Christopher J. (District of Columbia)

Johnson, Jadine (Alabama)

Liss, Jason H. (Massachusetts)

Mallick, Sumit (District of Columbia)

Morris, Maria V (California)

Mueller, Joseph J. (Massachusetts)

Judge(s)

Cassady, William E. (Alabama)

Steele, William H. (Alabama)

Attorneys(s) for Plaintiff

Chartoff, Marion D. (Alabama)

Giovanetto, Levi John (District of Columbia)

Herring, Christopher J. (District of Columbia)

Johnson, Jadine (Alabama)

Liss, Jason H. (Massachusetts)

Mallick, Sumit (District of Columbia)

Morris, Maria V (California)

Mueller, Joseph J. (Massachusetts)

Straw, Christopher M. (Massachusetts)

Zhou, Yin (Massachusetts)

Attorneys(s) for Defendant

Atchison, James Derek (Alabama)

Boardman, Mark S. (Alabama)

Carbo, K. Paul (Alabama)

Carr, Clay Richard (Alabama)

Hill, Dana Bolden (Alabama)

Hill [inactive], Dana Bolden (Alabama)

Taylor, Frank G. (Alabama)

Expert/Monitor/Master

Upchurch, Michael E. (Alabama)

Documents in the Clearinghouse

Document

Docket

June 28, 2013 Docket
1

Complaint

May 12, 2011 Complaint
81

Order granting motion for judgment on the pleadings

M.R. v. Board of School Commissioners of Mobile County

2012 WL 2931263

July 18, 2012 Order/Opinion
91

Amended Complaint

Amended Complaint

Aug. 9, 2012 Complaint
94

Order denying motion to abstain and dismiss

M.R. v. Board of School Commissioners of Mobile County

2012 WL 3778283

Aug. 30, 2012 Order/Opinion
108

Order Denying Motion for Class Certification

M.R. v. Board of School Commissioners of Mobile County

286 F.R.D. 510

Oct. 29, 2012 Order/Opinion
137-1

Settlement Agreement

M.R. v. Board of School Commissioners of Mobile County

U.S. District Court for the Northern District of Alabama

June 27, 2013 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4991882/mr-v-board-of-school-commissioners-of-mobile-county/

Last updated May 20, 2022, 3:21 a.m.

ECF Number Description Date Link
81

Order granting 56 MOTION for Judgment on the Pleadings. Plaintiffs' claims against defendants Jerome Woods, Kirven Lang, and Jason D. Laffitte are dismissed without prejudice, and the Clerk of Court is directed to terminate those individuals as parties defendant. Signed by Chief Judge William H. Steele on 7/18/2012. (tgw)

July 18, 2012 RECAP
1

COMPLAINT against All Plaintiffs ( Filing fee $350 receipt number 1128- 1092315, Online Credit Card Payment), filed by M.R., K.S., D.M., S.A., J.C., E.M.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet) (Chartoff, Marion) (Entered: 05/12/2011)

May 12, 2011
94

ORDER denying 72 Motion Abstain and Dismiss. Signed by Chief Judge William H. Steele on 8/30/2012. (tgw)

Aug. 30, 2012 RECAP
2

Summons Issued as to Board of School Commissioners of Mobile County, Jason D. issued. Please print copies necessary for service. (tgw) (Entered: 05/12/2011)

May 12, 2011
108

ORDER denying 84 Motion for Class Certification. Signed by Chief Judge William H. Steele on 10/29/2012. (tgw)

Oct. 29, 2012 RECAP
3

Service Order entered 5/12/2011. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 6/27/2011. Signed by Chief Judge William H. Steele on 5/12/2011. (tgw) (Entered: 05/12/2011)

May 12, 2011
4

SUMMONS Returned Executed by M.R., K.S., D.M., S.A., J.C., E.M. Board of School Commissioners of Mobile County served 5/20/11; Jason D. Laffitte served 5/17/11; Kirven Lang served 5/17/11; Jerome Woods served 5/17/11. (Chartoff, Marion) Modified on 5/24/2011 (tgw). (Entered: 05/23/2011)

May 23, 2011
5

MOTION to Certify Class by D.M., E.M., J.C., K.S., M.R., S.A.. (Chartoff, Marion) (Entered: 05/23/2011)

May 23, 2011
6

ANSWER to 1 Complaint, by Board of School Commissioners of Mobile County, Jason D. Laffitte, Kirven Lang, Jerome Woods. (Taylor, Frank) (Entered: 06/06/2011)

June 6, 2011
7

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 7/25/2011. Signed by Magistrate Judge William E. Cassady on 6/8/2011. (Attachments: # 1 Consent Form) (tgw) (Entered: 06/08/2011)

June 8, 2011
8

NOTICE of Appearance by Mark S. Boardman on behalf of Jason D. Laffitte, Kirven Lang, Jerome Woods (Boardman, Mark) (Entered: 07/18/2011)

July 18, 2011
9

NOTICE of Appearance by Dana Bolden Hill on behalf of Jason D. Laffitte, Kirven Lang, Jerome Woods (Hill, Dana) (Entered: 07/18/2011)

July 18, 2011
10

REPORT of Rule 26(f) Planning Meeting. (Taylor, Frank) (Entered: 07/25/2011)

July 25, 2011
11

SCHEDULING ORDER: Pretrial Conference set for 1/15/2013 09:00 AM in Chambers before Chief Judge William H. Steele. Amended Pleadings due by 2/1/2012. Discovery cutoff 8/16/2012. Motions due by 9/17/2012. Non-Jury Trial to be set during the month of February 2013. Position Regarding Settlement due by 8/16/2012. Signed by Magistrate Judge William E. Cassady on 7/28/2011. (Attachments: # 1 Standing Pretrial Order) (tgw) (Entered: 07/28/2011)

July 28, 2011
12

Order denying 5 MOTION to Certify Class filed by D.M., K.S., E.M., J.C., S.A., M.R.. Any motion bearing on the issue of class action certification shall be filed by 1/31/2012. Defendants' response(s) to the class certification motion shall be filed by 2/28/2012. Replies due by 3/14/2012. By 3/19/2012, the parties to deliver to the undersigned's chambers a complete set of hard copies of their electronically filed briefs and exhibits on class certification. Class Action Hearing set for 4/5/2012 at 09:00 AM in US Courthouse, Courtroom 2A, 113 St. Joseph Street, Mobile, AL 36602 before Chief Judge William H. Steele. Signed by Chief Judge William H. Steele on 7/28/2011. copies to parties (sdb) (Entered: 07/29/2011)

July 28, 2011
13

Joint MOTION for Protective Order by Board of School Commissioners of Mobile County, D.M., E.M., J.C., K.S., Jason D. Laffitte, Kirven Lang, M.R., S.A., Jerome Woods. (Attachments: # 1 Text of Proposed Order) (Chartoff, Marion) (Entered: 10/13/2011)

Oct. 13, 2011
14

PROTECTIVE ORDER. Signed by Magistrate Judge William E. Cassady on

Oct. 13, 2011
16

Notice of Filing Request for Production filed by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 10/18/2011)

Oct. 18, 2011
17

Notice of Filing Interrogatories filed by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 10/19/2011)

Oct. 19, 2011
18

MOTION to Quash Subpoena for school records by Paul R. Cook, III, Vickie M. Cook. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 24, 2011
19

MOTION to Quash Subpoena for school records by Heather Lucas. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 24, 2011
20

MOTION to Quash Subpoena for school records by Felecia Nelson. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 25, 2011
21

MOTION to Quash by Deneka Marcel. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 25, 2011
22

MOTION to Quash by Gwenaver Mullins. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 25, 2011
23

Objection to subpoena for school records filed by Leslie Louden. (tgw) (Entered: 10/25/2011)

Oct. 25, 2011
24

MOTION to Quash by Pamela P. Ladd. Referred to Judge William E. Cassady. (tgw) (Entered: 10/25/2011)

Oct. 25, 2011
25

Order entered that MCPSS shall not release to the plaintiffs any information sought by the subject subpoena(s)that MCPSS believes is protected under FERPA untilfurther order of this Court; Consistent with its letter quoted from above, going forward, MCPSS shall inform all parents wishing to file an objection to lodge it with MCPSS instead of filing it with the Court.5 These objections shall be preserved by MCPSS and provided to the Court and the plaintiffs as ordered by the Court in the future; The plaintiffs shall, no later than November 2, 2011, submit a response to this order as further set out. MCPSS shall, no later than November 2, 2011, submit a response to thisorder as further set out. Once the Court receives this information, it will issue an order setting this matter for a hearing. That order may include an opportunity for the parties to provide briefing to the Court in advance of that hearing. Signed by Magistrate Judge William E. Cassady on 10/26/2011. (mbp) (Entered: 10/26/2011)

Oct. 26, 2011
28

MOTION to Quash Subpoena by Velda Nixon. Referred to Judge William E. Cassady. (tgw) (Entered: 11/07/2011)

Oct. 26, 2011
26

RESPONSE TO ORDER re: 25 Order,,, by Board of School Commissioners of Mobile County filed by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 11/01/2011)

Nov. 1, 2011
27

RESPONSE TO ORDER re: 25 Order,,, by D.M., E.M., J.C., K.S., M.R., S.A. filed by D.M., E.M., J.C., K.S., M.R., S.A.. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H) (Johnson, Jadine) (Entered: 11/02/2011)

Nov. 2, 2011

29 Order re: the parties' responses (Docs. 26 & 27) to the Court's October 26 Order. The defendants are ordered by 11/18/2011 to respond to plaintiffs' 27 motion to modify the Court's October 26 Order. Replies due by 11/28/2011. This matter is set for a hearing on 12/1/2011 10:00 AM in Courtroom 3A. Signed by Magistrate Judge William E. Cassady on 11/4/2011. (tgw) (Entered: 11/07/2011)

30 Joint MOTION to Amend Scheduling Order 11 Scheduling Order, 12 Order by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment) (Chartoff, Marion) Modified on 11/23/2011 (tgw). (Entered: 11/23/2011)

31 Notice of Filing Deposition Notice filed by M.R.. (Chartoff, Marion) (Entered: 11/28/2011)

32 Notice of Filing Served Non-Party Subpoena, 1st Int, and Intl Discl filed by M.R.. (Chartoff, Marion) (Entered: 11/28/2011)

33 SUPPLEMENTAL SCHEDULING ORDER AND ORDER REGARDING FERPA OBJECTIONS PROTOCOL: The mailing of the revised notices shall be completed by 12/8/2011. Parents may assert objections by 12/22/2011. The Board shall provide the plaintiffs and the Court with the written objections to the revised notices by 12/29/2011. A Hearing on the objections is set for 1/5/2012 10:00 AM in Courtroom 3A. Discovery cutoff 11/16/2012 (as set out). Settlement Position due by 11/16/2012. Amended Pleadings due by 5/1/2012. Motions due by 12/17/2012. Pretrial Conference set for 4/16/2013 09:00 AM in Chambers before Chief Judge William H. Steele. This non-jury action will be set for trial during the month of May 2013. Class Certification Motions due by 5/1/2012, with Responses due by 6/1/2012 & Replies due by 6/15/2012. Class Certification Hearing set for 7/3/2012 09:00 AM in Courtroom 2A before Judge Steele. The parties are ordered by 6/20/2012 to deliver to Judge Steele's chambers a hard copy of briefs & exhibits on class certification. Signed by Magistrate Judge William E. Cassady on 11/29/2011. (Attachments: # 1 Standing Pretrial Order) (tgw) (Entered: 11/29/2011)

Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Evidentiary Hearing held on 1/5/2012. FTR Digital Audio Recording. (eec) (Entered: 01/05/2012)

34 Order: After a hearing on objections to plaintiffs' subpoena for documents concerning student suspensions, the Court shall RESERVE RULING as to whether records pertaining to the approximately 109 students for whom objections have been asserted should be released to the plaintiffs over those objections. Should plaintiffs require records pertaining to the approximately 109 students for whom objections have been asserted, they shall file a motion with the Court. It is ORDERED that - consistent with the protective order (Doc. 14) and any agreements between the parties pertaining to the scope of discovery - the defendants shall provide the plaintiffs with not-objected-to student records responsive to the plaintiffs' subpoena. Signed by Magistrate Judge William E. Cassady on 1/6/2012. Copy mailed to Velda Nixon as directed. (tgw) (Entered: 01/06/2012)

35 Notice of Filing Interrogatories filed by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 02/01/2012)

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?122332373089603-L_1_0-1 15/23 36 NOTICE of Appearance by K. Paul Carbo, Jr on behalf of Board of School Commissioners of Mobile County (Carbo, K.) (Entered: 02/10/2012)

37 MOTION for Jason H. Liss to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1231865, Online Credit Card Payment.) by All Plaintiffs. (Attachments: # 1 Application, # 2 Certificates of Good Standing) (Liss, Jason) (Entered: 03/06/2012)

38 ORDER granting 37 Motion for Jason H. Liss to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 3/7/2012. (tgw) (Entered: 03/07/2012)

39 MOTION for Levi Giovanetto to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1233316, Online Credit Card Payment.) by All Plaintiffs. (Giovanetto, Levi) Modified on 3/8/2012 (tgw). (Entered: 03/08/2012)

40 MOTION for Yin Zhou to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1233455, Online Credit Card Payment.) by All Plaintiffs. (Zhou, Yin) (Entered: 03/08/2012)

41 Order re: 40 MOTION for Yin Zhou to Appear Pro Hac Vice . Counselor Zhou is CONDITIONALLY admitted pro hac vice provided that she SUPPLEMENTS the record with a Certificate of Good Standing from either of the two United States District Courts to which she is presently admitted to practice and is in good standing by 3/23/2012. Signed by Magistrate Judge William E. Cassady on 3/9/2012. copies to parties. (sdb) (Entered: 03/09/2012)

42 ORDER granting 39 MOTION for Levi Giovanetto to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 3/9/2012. copies to parties. (sdb) (Entered: 03/09/2012)

43 NOTICE of Filing Exhibits Certificate of Good Standing by D.M., E.M., J.C., K.S., M.R., S.A. re: 41 Order, Terminate Motions, Set Deadlines,,, (Zhou, Yin) (Entered: 03/13/2012)

44 MOTION for Sumit Mallick to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1235582, Online Credit Card Payment.) by All Plaintiffs. (Mallick, Sumit) (Entered: 03/13/2012)

45 MOTION for Christopher Herrling to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1235757, Online Credit Card Payment.) by All Plaintiffs. (Herring, Christopher) (Entered: 03/14/2012)

46 ORDER granting 44 Motion for Sumit Mallick to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 3/14/2012. (tgw) (Entered: 03/14/2012)

47 Order setting a Telephone Status Conference for 3/19/2012 02:00 PM before Magistrate Judge William E. Cassady. Signed by Magistrate Judge William E. Cassady on 3/15/2012. (tgw) (Entered: 03/15/2012)

48 Order re: 43 Notice of Filing Yin Zhou's Certificate of Good Standing. It is ordered that counselor Zhou is admitted pro hac vice to serve the interests of justice in the above-entitled cause. Signed by Magistrate Judge William E. Cassady on 3/21/2012. (tgw) (Entered: 03/22/2012)

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?122332373089603-L_1_0-1 16/23 49 ORDER granting 45 Motion for Christopher J. Herrling to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 3/21/2012. (tgw) (Entered: 03/22/2012) 50 Joint MOTION to Amend Scheduling Order 33 Order by D.M., E.M., J.C., K.S., M.R., S.A.. (Attachments: # 1 Attachment A, # 2 Attachment B) (Liss, Jason) Modified on 3/26/2012 (tgw). (Entered: 03/26/2012)

51 SECOND SUPPLEMENTAL RULE 16(b) SCHEDULING ORDER AND ORDER REGARDING ADDITIONAL FERPA NOTICES: The 50 Joint MOTION to Amend Scheduling Order is granted. The mailing of the revised notices shall be completed by 4/16/12. Parents may assert objections by 4/30/12. The Board shall provide the plaintiffs and the Court with the written objections by 5/3/12. The Board shall provide the plaintiffs with not-objected-to student records by 5/7/12. Discovery cutoff 2/15/2013 (as set out). Settlement Position due by 2/15/2013.Summary Judgment Motions due by 3/18/2013. Pretrial Conference set for 7/9/2013 09:00 AM in Chambers before Judge Steele. This non-jury action will be set for trial during the month of August 2013. Class Certification Motions due by 7/31/2012, with Responses due 8/31/2012 and Replies due 9/14/2012. Class Action Hearing set for 10/3/2012 09:00 AM Courtroom 2A before Judge Steele. The parties are ordered by 9/19/2012 to deliver to Judge Steele's chambers a hard copy of briefs & exhibits on class certification. Signed by Magistrate Judge William E. Cassady on 3/30/2012. (Attachments: # 1 Standing Pretrial Order) (tgw) (Entered: 04/02/2012)

52 MOTION for Joseph J. Mueller to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1250746, Online Credit Card Payment.) by D.M., E.M., J.C., K.S., M.R., S.A.. (Mueller, Joseph) (Entered: 04/12/2012)

53 NOTICE by E.M. to Clerk of Service of Discovery Request (Chartoff, Marion) (Entered: 04/25/2012)

54 Notice of Filing Deposition Notices filed by Jason D. Laffitte, Kirven Lang, Jerome Woods. (Hill, Dana) (Entered: 05/02/2012)

55 Notice of Filing Deposition Notice filed by D.M., E.M., J.C., K.S., M.R., S.A.. (Chartoff, Marion) (Entered: 05/18/2012)

56 MOTION for Judgment on the Pleadings by Jason D. Laffitte, Kirven Lang, Jerome Woods. (Hill, Dana) (Entered: 05/18/2012)

57 Order re: 56 MOTION for Judgment on the Pleadings filed by Jerome Woods, Jason D. Laffitte, Kirven Lang. Responses due by 6/1/2012, Replies due by 6/8/2012. Signed by Chief Judge William H. Steele on 5/21/2012. (tgw) (Entered: 05/21/2012)

58 NOTICE of Appearance by Clay Richard Carr on behalf of Jason D. Laffitte, Kirven Lang, Jerome Woods (Carr, Clay) (Entered: 05/21/2012)

59 MOTION to Clarify Scheduling Order by D.M., E.M., J.C., K.S., M.R., S.A.. (Liss, Jason) (Entered: 05/24/2012)

60 AFFIDAVIT re 59 MOTION to Clarify Scheduling Order by D.M., K.S., M.R., E.M., J.C., S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Liss, Jason) (Entered: 05/24/2012)

https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?122332373089603-L_1_0-1 17/23 61 NOTICE by D.M., E.M., J.C., K.S., M.R., S.A. of Service of Discovery (Chartoff, Marion) (Entered: 05/25/2012)

62

Objection To Plaintiff's Motion For Clarification of Scheduling Order filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 05/29/2012)

May 29, 2012
63

NOTICE by M.R. Of Service of Discovery Requests (Chartoff, Marion) (Entered: 05/29/2012)

May 29, 2012
64

NOTICE by Board of School Commissioners of Mobile County of Service of Defendants' Responses To Plaintiff's First Request For Production of Documents (Carbo, K.) (Entered: 05/29/2012)

May 29, 2012
65

THIRD SUPPLEMENTAL RULE 16(b) SCHEDULING ORDER AND ORDER granting 59 MOTION to Clarify. Amended Pleadings due by 7/31/2012. Signed by Magistrate Judge William E. Cassady on 5/30/2012. (tgw) (Entered: 05/30/2012)

May 30, 2012
66

NOTICE by D.M., E.M., J.C., K.S., M.R., S.A. Of Service of Discovery Request (Chartoff, Marion) (Entered: 05/30/2012)

May 30, 2012
67

Memorandum in Opposition re 56 MOTION for Judgment on the Pleadings filed by D.M., E.M., J.C., K.S., M.R., S.A.. (Liss, Jason) (Entered: 06/01/2012)

June 1, 2012
68

AFFIDAVIT in Opposition re 56 MOTION for Judgment on the Pleadings filed by D.M., E.M., J.C., K.S., M.R., S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Liss, Jason) (Entered: 06/01/2012)

June 1, 2012
69

ORDER granting 52 Motion for Joseph J. Mueller to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 6/5/2012. (tgw) (Entered: 06/05/2012)

June 5, 2012
70

REPLY to Response to Motion 56 filed by Jason D. Laffitte, Kirven Lang, Jerome Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Carr, Clay) (Entered: 06/06/2012)

June 6, 2012
71

NOTICE by D.M., E.M., J.C., K.S., M.R., S.A. of Service of Discovery (Chartoff, Marion) (Entered: 06/15/2012)

June 15, 2012
72

MOTION to Dismiss and Abstain by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 06/19/2012)

June 19, 2012
73

Order re: 72 MOTION to Dismiss and Abstain filed by Board of School Commissioners of Mobile County. Any party opposing the motion must file a response by 7/5/2012. Movants will be allowed until 7/12/2012 to file a reply. Signed by Chief Judge William H. Steele on 6/21/2012. (mbp) (Entered: 06/22/2012)

June 22, 2012
74

NOTICE by Board of School Commissioners of Mobile County of Service of Defendants' Supplemental Response To Plaintiff's First Request For Production of Documents (Carbo, K.) (Entered: 06/22/2012)

June 22, 2012
75

NOTICE by D.M., E.M., J.C., K.S., M.R., S.A. of Service of Discovery (Chartoff, Marion) (Entered: 06/27/2012)

June 27, 2012
76

NOTICE by D.M., E.M., J.C., K.S., M.R., S.A. of Service of Discovery (Johnson, Jadine) (Entered: 07/03/2012)

July 3, 2012
78

REPLY Brief filed by Defendant Board of School Commissioners of Mobile County re: 77 Response in Opposition to Motion filed by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 07/11/2012)

July 11, 2012
79

NOTICE by Board of School Commissioners of Mobile County of Service of Defendants' Supplemental Response to Plaintiffs' First Request For Production of Documents (Carbo, K.) (Entered: 07/11/2012)

July 11, 2012
80

NOTICE by Board of School Commissioners of Mobile County of Service of Deposition Notices (Carbo, K.) (Entered: 07/16/2012)

July 16, 2012
82

NOTICE of Appearance by Maria V. Morris on behalf of D.M., E.M., J.C., K.S., M.R., S.A. (Morris, Maria) (Entered: 07/19/2012)

July 19, 2012
83

NOTICE by Board of School Commissioners of Mobile County of Service (Carbo, K.) (Entered: 07/25/2012)

July 25, 2012
84

MOTION to Certify Class by D.M., E.M., J.C., K.S., M.R., S.A.. (Mallick, Sumit) Modified on 8/1/2012 (tgw). (Entered: 07/31/2012)

July 31, 2012
85

MOTION to Amend Complaint 1 Complaint, by D.M., E.M., J.C., K.S., M.R., S.A.. (Attachments: # 1 Exhibit A (Proposed Amended Complaint)) (Liss, Jason) (Entered: 08/01/2012)

Aug. 1, 2012
86

Memorandum in Support of 84 Motion to Certify Class by D.M., E.M., J.C., K.S., M.R. (Attachments: # 1 C.H. Declaration, # 2 G.H. Declaration, # 3 E.I. Declaration, # 4 R.M. Declaration, # 5 L.M. Declaration, # 6 P. Schwechheimer Declaration, # 7 Exhibit P. Schwechheimer (Exhibits 1-4), # 8 M. Chartoff Declaration, # 9 S. Mallick Declaration, # 10 Exhibit S. Mallick (Exhibit A), # 11 Exhibit S. Mallick (Exhibit B), # 12 Exhibit S. Mallick (Exhibit C), # 13 Exhibit S. Mallick (Exhibit D), # 14 Exhibit S. Mallick (Exhibit E), # 15 Exhibit S. Mallick (Exhibit F), # 16 Exhibit S. Mallick (Exhibit G)) (Mallick, Sumit) Modified on 8/1/2012 (tgw). (Entered: 08/01/2012)

Aug. 1, 2012
87

Order re: 85 MOTION to Amend Complaint filed by D.M., K.S., E.M., J.C., S.A., M.R. Responses due by 8/8/2012. Signed by Chief Judge William H. Steele on 8/1/2012. (tgw) (Entered: 08/01/2012)

Aug. 1, 2012
88

Objection re: 85 MOTION to Amend Complaint 1 Complaint, filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 08/01/2012)

Aug. 1, 2012
89

Brief filed by Board of School Commissioners of Mobile County filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 08/01/2012)

Aug. 1, 2012
90

Order granting 85 MOTION to Amend Complaint. Plaintiff is directed to file the Amended Complaint by 8/14/2012. Answer to Amended Complaint due from Board of School Commissioners of Mobile County on 9/6/2012. Defendant's Motion to Dismiss (doc. 72) has been taken under submission and will be decided in due course. Signed by Chief Judge William H. Steele on 8/7/2012. (tgw) (Entered: 08/08/2012)

Aug. 7, 2012
91

AMENDED COMPLAINT against All Defendants, filed by D.M., K.S., M.R., E.M., J.C., S.A.. (Mallick, Sumit) (Entered: 08/09/2012)

Aug. 9, 2012
92

Joint MOTION to Withdraw J.C. as Plaintiff by D.M., E.M., J.C., K.S., M.R., S.A.. (Giovanetto, Levi) (Entered: 08/24/2012)

Aug. 24, 2012
93

Order re: 92 Joint MOTION to Withdraw J.C. as Plaintiff J.C. All of plaintiff's J.C.'s claims are dismissed without prejudice. The Clerk is directed to terminate J.C. (and next friend Alicia Campbell) as a party plaintiff to this action. This action will proceed as to all other claims brought by all other plaintiffs. Signed by Chief Judge William H. Steele on 8/28/2012. (tgw) (Entered: 08/28/2012)

Aug. 28, 2012
95

Evidentiary Material Notice of Filing Under Seal filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Additional attachment(s) added on 9/4/2012: # 1 Depo Excertps of Mary Simmons, # 2 Depo Excertps of Michelle Manassa, # 3 Depo Excerpt of E.M., # 4 Depo Excerpt of Pinkie Manassa, # 5 Electronic School Record for M.R., # 6 Electronic School Record for C.H., # 7 Electronic School Record for G.H., # 8 Electronic School Records for D.M., # 9 Electronic School Records for S.A., # 10 Electronic School Records for K.S., # 11 Electronic School Records for E.M., # 12 Disputed Factual Issues) (tgw). (Entered: 08/31/2012)

Aug. 31, 2012
96

Objection re: 84 MOTION to Certify Class filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 08/31/2012)

Aug. 31, 2012
97

ANSWER to 91 Amended Complaint by Board of School Commissioners of Mobile County. (Taylor, Frank) (Entered: 09/05/2012)

Sept. 5, 2012
98

REPLY to 96 Objection filed by D.M., E.M., K.S., M.R., S.A.. (Liss, Jason) (Entered: 09/14/2012)

Sept. 14, 2012
99

AFFIDAVIT in Support re 84 MOTION to Certify Class (Supplemental Expert Declaration of Peter Schwechheimer) filed by D.M., E.M., K.S., M.R., S.A.. (Liss, Jason) (Entered: 09/14/2012)

Sept. 14, 2012
100

AFFIDAVIT in Support re 84 MOTION to Certify Class (Declaration of Jason H. Liss) filed by D.M., E.M., K.S., M.R., S.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Liss, Jason) (Entered: 09/14/2012)

Sept. 14, 2012
101

Unopposed MOTION for Marion Chartoff to Withdraw as Attorney by M.R.. (Chartoff, Marion) (Entered: 09/19/2012)

Sept. 19, 2012

State / Territory: Alabama

Case Type(s):

Education

Key Dates

Filing Date: May 21, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Unnamed students of the Mobile County Public School System

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Mobile County Public School System (Mobile), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2016

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Training

Issues

General:

Failure to supervise

Failure to train

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run