Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

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 attrorneys, 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

1:11-cv-00245

Docket

June 28, 2013

June 28, 2013

Docket
1

1:11-cv-00245

Complaint

May 12, 2011

May 12, 2011

Complaint
81

1:11-cv-00245

Order granting motion for judgment on the pleadings

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

July 18, 2012

July 18, 2012

Order/Opinion
91

1:11-cv-00245

Amended Complaint

Amended Complaint

Aug. 9, 2012

Aug. 9, 2012

Complaint
94

1:11-cv-00245

Order denying motion to abstain and dismiss

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

Aug. 30, 2012

Aug. 30, 2012

Order/Opinion
108

1:11-cv-00245

Order Denying Motion for Class Certification

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

Oct. 29, 2012

Oct. 29, 2012

Order/Opinion
137-1

1:11-cv-00245

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

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 Nov. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
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

May 12, 2011

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

May 12, 2011

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

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

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

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

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

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

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

July 18, 2011

10

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

July 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

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

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

Oct. 13, 2011

14

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

Oct. 13, 2011

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

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

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

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

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

Oct. 25, 2011

21

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

Oct. 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

Oct. 25, 2011

23

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

Oct. 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

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

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

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

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

Nov. 2, 2011

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

May 29, 2012

63

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

May 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

July 16, 2012

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

July 18, 2012

RECAP
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

July 19, 2012

83

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

July 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

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

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

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

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

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

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

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

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

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

Aug. 28, 2012

94

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

Aug. 30, 2012

Aug. 30, 2012

RECAP
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

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

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

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

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

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

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

Sept. 19, 2012

102

ORDER granting 101 Motion to Withdraw as Attorney. Attorney Marion Dawn Chartoff terminated as counsel for plaintiffs. Signed by Magistrate Judge William E. Cassady on 9/20/2012. (tgw) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

103

Order canceling the Class Certification Hearing which was set for 10/3/12. The without oral argument, on the parties' briefs and accompanying exhibits. Signed by Chief Judge William H. Steele on 9/25/2012. (tgw) (Entered: 09/26/2012)

Sept. 25, 2012

Sept. 25, 2012

104

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery (Liss, Jason) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

105

MOTION for Christopher M. Straw to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1345393, Online Credit Card Payment.) by D.M., E.M., K.S., M.R., S.A.. (Straw, Christopher) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

106

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery (Liss, Jason) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

107

ORDER granting 105 Motion for Christopher M. Straw to Appear Pro Hac Vice. Signed by Magistrate Judge William E. Cassady on 10/26/2012. (tgw) (Entered: 10/29/2012)

Oct. 26, 2012

Oct. 26, 2012

108

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

Oct. 29, 2012

Oct. 29, 2012

RECAP
109

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery (Liss, Jason) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

110

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery (Liss, Jason) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

111

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery (Liss, Jason) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

112

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery Materials (Liss, Jason) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

113

NOTICE by Board of School Commissioners of Mobile County of Service of Deposition Notices to Plaintiffs (Carbo, K.) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

114

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery Materials (Liss, Jason) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

115

NOTICE by D.M., E.M., K.S., M.R., S.A. of Service of Discovery Materials (Liss, Jason) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

116

Joint MOTION for Mediation by D.M., E.M., K.S., M.R., S.A.. (Johnson, Jadine) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

117

ORDER REFERRING CASE to Mediation. Selection of Mediator due by 4/1/2013. The first mediation conference shall be initiated not later than 5/1/2013. Signed by Magistrate Judge William E. Cassady on 3/5/2013. (tgw) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

118

MOTION for Summary Judgment by Board of School Commissioners of Mobile County. (Attachments: # 1 Text of Proposed Order, # 2 Brief In Support of Motion for Summary Judgment, # 3 Suggested Determinations of Undisputed Facts & Conclusions of Law) (Carbo, K.) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

119

Order on the 118 MOTION for Summary Judgment setting response time as follows: Response to S/J due by 4/5/2013. Replies to Response to S/J due by 4/19/2013. The motion will be taken under submission on 4/19/2013. Signed by Chief Judge William H. Steele on 3/11/2013. (tgw) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

133

Position Regarding Mediation Report of Mediator filed by Michael E. Upchurch. (Upchurch, Michael) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

134

Position Regarding Settlement Report of Mediator filed by Michael E. Upchurch. (Upchurch, Michael) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

135

Order entered that this action is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 30 days, as set out. The parties and/or mediator are directed to report to the Court on the School Board's decision regarding settlement by 6/27/2013. Signed by Chief Judge William H. Steele on 6/10/2013. (tgw) (Entered: 06/11/2013)

June 10, 2013

June 10, 2013

136

RESPONSE TO ORDER re: 135 Order to Dismiss on Settlement, Set Deadlines,, by Board of School Commissioners of Mobile County filed by Board of School Commissioners of Mobile County. (Carbo, K.) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

137

SETTLEMENT AGREEMENT by G.H., D.M., M.R., E.M., J.C., C.H., K.S., S.A.. (Attachments: # 1 Exhibit Executed Settlement Agreement) (Johnson, Jadine) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

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)

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)

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

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)

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

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)

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)

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

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)

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)

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

Case Details

State / Territory: Alabama

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

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