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)

Attorney for Plaintiff
Attorney for Defendant

Atchison, James Derek (Alabama)

Boardman, Mark S. (Alabama)

Carbo, K. Paul (Alabama)

Carr, Clay Richard (Alabama)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

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

2012 WL 2931263

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

2012 WL 3778283

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

286 F.R.D. 510

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 April 8, 2025, 11:05 a.m.

Docket for: M.R. v. Board of School Commissioners of Mobile County
ECF Number Date Description Link
1 May 12, 2011

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)

PACER
2 May 12, 2011

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)

PACER
3 May 12, 2011

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)

PACER
4 May 23, 2011

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)

PACER
5 May 23, 2011

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

PACER
6 June 6, 2011

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)

PACER
7 June 8, 2011

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)

PACER
8 July 18, 2011

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

PACER
9 July 18, 2011

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

PACER
10 July 25, 2011

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

PACER
11 July 28, 2011

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)

PACER
12 July 28, 2011

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)

PACER
13 Oct. 13, 2011

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)

PACER
14 Oct. 13, 2011

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

PACER
16 Oct. 18, 2011

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

PACER
17 Oct. 19, 2011

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

PACER
18 Oct. 24, 2011

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)

PACER
19 Oct. 24, 2011

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

PACER
20 Oct. 25, 2011

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

PACER
21 Oct. 25, 2011

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

PACER
22 Oct. 25, 2011

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

PACER
23 Oct. 25, 2011

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

PACER
24 Oct. 25, 2011

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

PACER
25 Oct. 26, 2011

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)

PACER
28 Oct. 26, 2011

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

PACER
26 Nov. 1, 2011

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)

PACER
27 Nov. 2, 2011

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)

PACER
62 May 29, 2012

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)

PACER
63 May 29, 2012

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

PACER
64 May 29, 2012

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)

PACER
65 May 30, 2012

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)

PACER
66 May 30, 2012

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)

PACER
67 June 1, 2012

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)

PACER
68 June 1, 2012

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)

PACER
69 June 5, 2012

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)

PACER
70 June 6, 2012

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)

PACER
71 June 15, 2012

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

PACER
72 June 19, 2012

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

PACER
73 June 22, 2012

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)

PACER
74 June 22, 2012

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)

PACER
75 June 27, 2012

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

PACER
76 July 3, 2012

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

PACER
78 July 11, 2012

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)

PACER
79 July 11, 2012

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)

PACER
80 July 16, 2012

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

PACER
81 July 18, 2012

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)

RECAP
82 July 19, 2012

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)

PACER
83 July 25, 2012

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

PACER
84 July 31, 2012

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)

PACER
85 Aug. 1, 2012

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)

PACER
86 Aug. 1, 2012

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)

PACER
87 Aug. 1, 2012

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)

PACER
88 Aug. 1, 2012

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

PACER
89 Aug. 1, 2012

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)

PACER
90 Aug. 7, 2012

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)

PACER
91 Aug. 9, 2012

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)

PACER
92 Aug. 24, 2012

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)

PACER
93 Aug. 28, 2012

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)

PACER
94 Aug. 30, 2012

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

RECAP
95 Aug. 31, 2012

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)

PACER
96 Aug. 31, 2012

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

PACER
97 Sept. 5, 2012

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

PACER
98 Sept. 14, 2012

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

PACER
99 Sept. 14, 2012

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)

PACER
100 Sept. 14, 2012

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)

PACER
101 Sept. 19, 2012

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

PACER
102 Sept. 20, 2012

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)

PACER
103 Sept. 25, 2012

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)

PACER
104 Oct. 18, 2012

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

PACER
105 Oct. 22, 2012

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)

PACER
106 Oct. 23, 2012

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

PACER
107 Oct. 26, 2012

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)

PACER
108 Oct. 29, 2012

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

RECAP
109 Nov. 2, 2012

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

PACER
110 Nov. 9, 2012

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

PACER
111 Nov. 13, 2012

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

PACER
112 Nov. 21, 2012

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

PACER
113 Dec. 27, 2012

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

PACER
114 Jan. 24, 2013

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

PACER
115 Jan. 28, 2013

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

PACER
116 March 1, 2013

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

PACER
117 March 5, 2013

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)

PACER
118 March 8, 2013

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)

PACER
119 March 11, 2013

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)

PACER
133 June 7, 2013

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

PACER
134 June 10, 2013

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

PACER
135 June 10, 2013

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)

PACER
136 June 27, 2013

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)

PACER
137 June 28, 2013

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)

PACER

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)

PACER

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

PACER

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

PACER

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)

PACER

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)

PACER

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)

PACER

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

PACER

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)

PACER

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)

PACER

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)

PACER

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)

PACER

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

School District

Mobile County Public School System

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Southern District of Alabama 1:11-cv-00245

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Training

Order Duration: 2013 - 2016

Issues

General/Misc.:

Failure to supervise

Failure to train

Staff (number, training, qualifications, wages)

Recommended Citation