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Case: Adams v. Rankin County Board of Education

3:67-cv-04156 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 1, 1967

Case Ongoing

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Case Summary

This is a school desegregation case that was filed on August 1, 1967 in the U.S. District Court for the Southern District of Mississippi. Plaintiffs, black students and their families who resided in Rankin County, Mississippi, sought to integrate the Rankin County public schools. Renowned civil rights attorney Melvyn Leventhal was one of the attorneys who represented the plaintiffs.On September 26, 1967, Rankin County was permanently enjoined from discriminating on the basis of race in its publ…

On September 26, 1967, Rankin County was permanently enjoined from discriminating on the basis of race in its public schools. Rankin County was ordered to affirmatively take steps to eliminate its dual school system and desegregate its schools. According to a later Fifth Circuit opinion, the desegregation plan eventually approved by District Judge Dan M. Russell on January 2, 1970 included three combination elementary/junior high schools housing grades 1 through 9 and one high school for all students in grades 10 through 12. Students were assigned to schools so that they would be desegregated. Additionally, the court allowed a majority-to-minority transfer program, faculty and staff were to be assigned without regard to race, and transportation was to be regularly examined to ensure all pupils were transported to and from school on a non-discriminatory basis. The U.S. Department of Health, Education, and Welfare (HEW) was instructed to submit a desegregation plan that conformed with all constitutional standards in accordance with the provisions set out in the order.

The U.S. Department of Justice entered the action on February 26, 1971 as an amicus curiae. The DOJ filed a motion to enforce all of the court's desegregation orders on the same day. On June 16, 1971, the district court ordered Rankin County to immediately create non-racial objective criteria to use when selecting staff members and to reevaluate all hiring decisions made regarding black school personnel (including school principals) who were not rehired after January 2, 1970. The district court required that Rankin County take steps to desegregate the McLaurin Attendance Center. It also ordered Rankin County to submit reports to the court regarding the segregation of students by race and gender in classrooms and on district transportation.

The plaintiffs then appealed to the Fifth Circuit. On September 27, 1973, the Fifth Circuit reversed and remanded the case to the district court and held that Rankin County schools were not unitary. The Fifth Circuit stated that the district court had to reconsider the desegregation plan it formerly approved of because the McLaurin Attendance Center's ratio of ten black students to one white student was not reflective of a unitary school system. Under the original desegregation plan, the McLaurin Attendance Center was supposed to have a 2:1 black to white ratio; however, because of white flight and attendance zone jumping by white students and their families assigned to the McLaurin Attendance Center, the ratio jumped to 10:1. The Fifth Circuit also held that new teachers could not be hired based on their qualifications alone because new teachers' qualifications exceeded those of former teachers who were displaced by the desegregation plan. The Fifth Circuit ordered that black teachers who had been dismissed and discriminated against needed to be reinstated regardless of their qualifications. Additionally, the Fifth Circuit ordered that Rankin County comply with the Constitution and implement a unitary school system because of "the long history of opposition to the unitary school concept in Rankin County." Finally, the Fifth Circuit remanded the case for the district court to determine if Rankin County had eliminated all vestiges of a dual system, particularly relating to extracurricular activities. 485 F.2d 324 (5th Cir. 1973).

The Judge Russell submitted reports to the Fifth Circuit on July 10, 1974 and December 23, 1974 in accordance with the 1973 Fifth Circuit remand. This report reinstated twenty employees, but did not reinstate all teachers who were dismissed during the unitary system implementation. The Fifth Circuit later held that the teachers who were not reinstated did not have to be reinstated because one could conclude they were incompetent and were not dismissed as a result of racial discrimination. The case was then remanded back to district court in order to determine how much backpay was owed to them. 524 F.2d 928 (5th Cir. 1975), cert. denied, 438 U.S. 904 (1978). On August 5, 1980, these teachers were awarded $164,139.90 in backpay.

Throughout the late 1970s into 1980s, Rankin County submitted annual reports to the court.

In 1976, the Pearl Public School District (PPSD) was carved out of the Rankin County School District. A 1978 consent order by the district court modified attendance zones in Rankin County to create the new school district and ensure compliance with ongoing desegregation efforts. PPSD intervened in the case as a defendant in 1995. A consent decree was entered in 1997 between Rankin County and PPSD resolving disputes regarding boundaries between the two districts and allowing students residing in certain areas to choose whether to attend PPSD or Rankin County schools. A motion was filed by Rankin County on June 1, 2010 to modify the 1997 consent decree. An agreed order was signed by District Judge Tom S. Lee on January 10, 2012. Judge Lee noted that students who had been allowed to choose whether to attend Rankin County schools or PPSD could stay there because the number of students affected was small and there would be "no appreciable impact on desegregation efforts." PPSD boundaries were expanded via a consent order that was signed on November 11, 2012.

On June 15, 2017, the Rankin County School District submitted an Unopposed Motion of School Construction for approval to the district court as required by the consent order. The motion, associated with Rankin County's bond proposal, promised to build 75 additional new classrooms and a new high school facility in the Northwest Attendance Zone among other renovations. The 178.5 million dollar bond was previously voted through an election held March 7, 2017, which yielded around 73 percent approval. The plaintiffs filed a response to the motion, indicating no objections to the proposal on June 22, 2017. On June 26, 2017, Judge Lee granted the motion.

The case is now closed.

Available Opinions

Adams v. Rankin Cty. Bd. of Educ., 485 F.2d 324 (5th Cir. 1973).

Adams v. Rankin Cty. Bd. of Educ., 524 F.2d 928 (5th Cir. 1975).

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Summary Authors

Amelia Huckins (3/11/2017)

Averyn Lee (6/10/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12991462/parties/adams-v-rankin-county/

Judge(s)

Brown, John Robert (Louisiana)

Gee, Thomas Gibbs (Louisiana)

Ingraham, Joe McDonald (Texas)

Lee, Tom Stewart (Mississippi)

Morgan, Lewis Render (Georgia)

Parker, Michael T. (Mississippi)

Attorneys(s) for Plaintiff

Barnett, Walter W. (District of Columbia)

Days, Drew S. III (District of Columbia)

McCree, Wade Hampton Jr. (Michigan)

Stimley-Priester, E. Charlene (Mississippi)

Judge(s)

Brown, John Robert (Louisiana)

Gee, Thomas Gibbs (Louisiana)

Ingraham, Joe McDonald (Texas)

Lee, Tom Stewart (Mississippi)

Morgan, Lewis Render (Georgia)

Parker, Michael T. (Mississippi)

Attorneys(s) for Plaintiff

Barnett, Walter W. (District of Columbia)

Days, Drew S. III (District of Columbia)

McCree, Wade Hampton Jr. (Michigan)

Stimley-Priester, E. Charlene (Mississippi)

Attorneys(s) for Defendant

Adams, Joseph Lee (Mississippi)

Barnes, Paul E. (Mississippi)

Garrard, Mary B.S. (Mississippi)

Griffith, Benjamin E. (Mississippi)

Harrell, Fred M. Jr. (Mississippi)

Meynardie, John A. (Mississippi)

Orlansky, Steven D. (Mississippi)

Robertson, James L (Mississippi)

Other Attorney(s)

Awad, Christopher S. (District of Columbia)

Bey, Sheryl (Mississippi)

Hauberg, Robert E. Jr. (Mississippi)

Jernigan, Arthur F. (Mississippi)

Landsberg, Brian K. (District of Columbia)

Leonard, Jerris (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:67-cv-04156	Original Docket Adams v. Rankin County	Aug. 1, 1967	Aug. 1, 1967 Docket
3:67-cv-04156	Docket [PACER]	June 26, 2017	June 26, 2017 Docket
71-02309	Order and Opinion U. S. Court of Appeals for the Fifth Circuit	Sept. 27, 1973	Sept. 27, 1973 Order/Opinion
75-01991	Order and Opinion U. S. Court of Appeals for the Fifth Circuit	Dec. 1, 1975	Dec. 1, 1975 Order/Opinion
75-01710	Brief for the United States as Amicus Curiae Supreme Court of the United States	May 13, 1977	May 13, 1977 Pleading / Motion / Brief
2-1 3:67-cv-04156	1997 Consent Decree	June 1, 1997	June 1, 1997 Order/Opinion
82 3:67-cv-04156	Consent Order for Enlargement of Pearl Attendance Zone	Nov. 1, 2012	Nov. 1, 2012 Order/Opinion
86 3:67-cv-04156	Order	June 26, 2017	June 26, 2017 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12991462/adams-v-rankin-county/

Last updated Nov. 2, 2022, 3:22 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ; (fe) (Entered: 02/28/1996)	Aug. 1, 1967	Aug. 1, 1967 PACER
7	COPY OF ORIGINAL DOCKET SHEET. (cwl) (Entered: 07/20/2010)	Aug. 1, 1967	Aug. 1, 1967 PACER
	It will be necessary to review, re 7 docket sheet for complete information in this case. (fe) Modified on 7/20/2010 (cwl).	Feb. 28, 1996	Feb. 28, 1996 PACER
	Magistrate Judge Assignment (fe)	Feb. 28, 1996	Feb. 28, 1996 PACER
	Case closed (fe)	Feb. 28, 1996	Feb. 28, 1996 PACER
2	MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District (Attachments: # 1 Exhibit 1 - Resolution, # 2 Exhibit 2 - El Dorado Area, # 3 Exhibit 3 - Patrick Farms Area, # 4 Exhibit 4 - Greenfield Village Area and Highlands Area, # 5 Exhibit 5 - Highlands Area) (cwl) (Entered: 06/01/2010)	June 1, 2010	June 1, 2010 PACER
3	NOTICE of Appearance by Paul E. Barnes on behalf of Pearl Public School District (Barnes, Paul) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
4	NOTICE of Appearance by James L. Robertson on behalf of Pearl Public School District (Robertson, James) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
5	RESPONSE in Opposition re 2 MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District filed by Pearl Public School District (Barnes, Paul) (Entered: 07/01/2010)	July 1, 2010	July 1, 2010 PACER
6	MOTION for Extension of Time to File Response/Reply as to 5 Response in Opposition to Motion by Rankin County, MS School District (Adams, Joseph) (Entered: 07/14/2010)	July 14, 2010	July 14, 2010 PACER
8	REPLY to Response to Motion re 2 MOTION to Amend/Correct Consent Decree of May 1, 1997 by Rankin County, MS School District Modified on 8/2/2010 court staff corrected linkage (cwl). (Entered: 07/30/2010)	July 30, 2010	July 30, 2010 PACER
9	Scanned copy of docket sheet attached. It will be necessary to review this docket sheet for complete docket information in this case from filing through 3/18/2005. Original docket sheet and case file have been shipped to Archives. (sam). (Entered: 07/30/2010)	July 30, 2010	July 30, 2010 PACER
10	REPLY to Response to Motion re 2 MOTION to Amend/Correct Remark filed by Rankin County, MS School District (Attachments: # 1 Exhibit 1 - Itemization)(Adams, Joseph) (Entered: 08/26/2010)	Aug. 26, 2010	Aug. 26, 2010 PACER
11	Joinder by John Q. Adams (Attachments: # 1 Exhibit 1 - Motion to Modify Consent Decree)(Adams, Joseph) (Entered: 09/20/2010)	Sept. 20, 2010	Sept. 20, 2010 PACER
12	ORDER OF RECUSAL. District Judge Tom S. Lee recused. Case reassigned to Judge Unassigned for all further proceedings Signed by District Judge Tom S. Lee on 1/27/2011 (cwl) (Entered: 01/27/2011)	Jan. 27, 2011	Jan. 27, 2011 PACER
13	MOTION for Reconsideration re 12 Order of Recusal by Pearl Public School District (Attachments: # 1 Exhibit A - Declaration of Sheryl M. Bey)(Barnes, Paul) (Entered: 01/31/2011)	Jan. 31, 2011	Jan. 31, 2011 PACER
14	ORDER granting 13 Motion for Reconsideration of 12 Order of Recusal. Said order of recusal is hereby WITHDRAWN. Signed by District Judge Tom S. Lee on 2/8/11 (LWE) (Entered: 02/09/2011)	Feb. 9, 2011	Feb. 9, 2011 PACER
	Case REASSIGNED to District Judge Tom S. Lee and Magistrate Judge Michael T. Parker. Judge Unassigned no longer assigned to the case. (LWE)	Feb. 9, 2011	Feb. 9, 2011 PACER
15	NOTICE of Termination of Counsel by United States Department of Justice (Meynardie, John) (Entered: 02/15/2011)	Feb. 15, 2011	Feb. 15, 2011 PACER
16	NOTICE of Appearance by Alfred B. Jernigan, Jr on behalf of United States Department of Justice (Jernigan, Alfred) (Entered: 02/17/2011)	Feb. 17, 2011	Feb. 17, 2011 PACER
	Minute Entry for proceedings held before District Judge Tom S. Lee: Status Conference held on 2/17/2011 in chambers. An agreed order is to be presented to Judge Lee within 30 days regarding the resolution of the pending motions in this case. (LWE)	Feb. 17, 2011	Feb. 17, 2011 PACER
17	MOTION to Withdraw as Attorney by Rankin County, MS School District (Orlansky, Steven) (Entered: 02/22/2011)	Feb. 22, 2011	Feb. 22, 2011 PACER
18	ORDER granting 17 Motion to Withdraw as Attorney. Attorney Steven D. Orlansky terminated. Signed by Magistrate Judge Michael T. Parker on February 23, 2011 (KPM) (Entered: 02/23/2011)	Feb. 23, 2011	Feb. 23, 2011 PACER
	TEXT ONLY ORDER finding as moot 6 Motion for Extension of Time to File Response/Reply (*reply filed 7/30/10). Issued by District Judge Tom S. Lee on 3/31/11. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. (LWE)	March 31, 2011	March 31, 2011 PACER
19	Letter to Judge Tom S. Lee from Attorney Christopher S. Awad dated 6/13/11 re: follow-up to status conference held 2/17/11. (LWE) (Entered: 06/17/2011)	June 17, 2011	June 17, 2011 PACER
20	MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status by Pearl Public School District (Attachments: # 1 Exhibit A - PPSD Resolution of 10-27-11, # 2 Exhibit B - Declaration of Richard A. Boyd)(Robertson, James) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER
21	MEMORANDUM in Support re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Pearl Public School District (Robertson, James) (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER
22	MOTION to Amend/Correct 5 Response in Opposition to Motion to Modify Consent Decree by Pearl Public School District (Attachments: # 1 Exhibit A - PPSD Amendment to its Response to RCSD's Motion to Modify Consent Decree)(Robertson, James) (Entered: 11/04/2011)	Nov. 4, 2011	Nov. 4, 2011 PACER
23	NOTICE of Service of Interrogatories by Pearl Public School District (Robertson, James) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
24	NOTICE of Service of Request for Production by Pearl Public School District (Robertson, James) (Entered: 11/08/2011)	Nov. 8, 2011	Nov. 8, 2011 PACER
25	ORDER granting Rankin County School District until 12/23/11 to respond to pending motions, etc., as set out herein. Signed by District Judge Tom S. Lee on 11/15/11 (LWE) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011 PACER
26	RESPONSE in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by United States Department of Justice (Jernigan, Alfred) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011 PACER
27	NOTICE of Appearance by Benjamin E. Griffith on behalf of Rankin County, MS School District (Griffith, Benjamin) (Entered: 11/20/2011)	Nov. 20, 2011	Nov. 20, 2011 PACER
28	Rebuttal re 26 Response in Opposition to Motion for Enlargement of Pearl Attendance Zone and Declaration of Unitary Status filed by Pearl Public School District (Robertson, James) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011 PACER
29	NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 PM before District Judge Tom S. Lee in chambers at 501 East Court Street, Suite 4.756, Jackson, MS.(LWE) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
30	MOTION for Leave to File Amended Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status by Pearl Public School District (Attachments: # 1 Appendix A - Amended Motion for Enlargement of PAZ)(Robertson, James) (Entered: 12/16/2011)	Dec. 16, 2011	Dec. 16, 2011 PACER
	CORRECTED NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 AM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee (*previous notice contained incorrect location address)(LWE)	Dec. 20, 2011	Dec. 20, 2011 PACER
	SECOND CORRECTED NOTICE of Hearing: Status Conference set for 1/10/2012 01:00 PM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee (*previous entry stated 1:00 AM, should have stated 1:00 PM)(LWE)	Dec. 20, 2011	Dec. 20, 2011 PACER
31	RESPONSE in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
32	MEMORANDUM in Opposition re 20 MOTION to Reopen Case PPSD's Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Attachments: # 1 Exhibit A)(Griffith, Benjamin) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
33	*ERROR DISREGARD ENTRY*RESPONSE in Opposition re 30 MOTION for Leave to File Amended Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Griffith, Benjamin) Modified on 12/27/2011 (EJS). (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
34	RESPONSE in Opposition re 22 MOTION to Amend/Correct 5 Response in Opposition to Motion to Modify Consent Decree MOTION to Amend/Correct 5 Response in Opposition to Motion to Modify Consent Decree filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
35	NOTICE of Service of Response to Interrogatories by Rankin County, MS School District (Adams, Joseph) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
36	NOTICE of Service of Response to Request for Production by Rankin County, MS School District (Adams, Joseph) (Entered: 12/23/2011)	Dec. 23, 2011	Dec. 23, 2011 PACER
	DOCKET ANNOTATION as to Doc. 33 : Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. 34 . (EJS)	Dec. 27, 2011	Dec. 27, 2011 PACER
37	NOTICE of Service of First Supplemental Response to Request for Production by Rankin County, MS School District (Adams, Joseph) (Entered: 12/29/2011)	Dec. 29, 2011	Dec. 29, 2011 PACER
38	RESPONSE in Opposition re 30 MOTION for Leave to File Amended Motion for Enlargement of Pearl Attendance Zone and, Thereupon, Declaration of Unitary Status filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 12/29/2011)	Dec. 29, 2011	Dec. 29, 2011 PACER
39	REPLY to Response to Motion re 38 Response in Opposition to Motion for Leave to File Amended Motion filed by Pearl Public School District (Robertson, James) (Entered: 01/05/2012)	Jan. 5, 2012	Jan. 5, 2012 PACER
40	AGREED ORDER approving the previously approved resolution agreed to by Rankin County School District and Pearl School District, as set out herein. All other terms and provisions of the original and subsequent orders of this court shall remain in full force and effect. (This order terminates 2 Motion to Amend/Correct and 22 Motion to Amend/Correct). Signed by District Judge Tom S. Lee on 1/10/12 (LWE) (Entered: 01/10/2012)	Jan. 10, 2012	Jan. 10, 2012 PACER
	Minute Entry for proceedings held before District Judge Tom S. Lee: Status Conference held on 1/10/2012. The parties entered into an agreed order as to 2 and 22 motions to amend. The case is set for a bench trial beginning Monday, February 4, 2013. ELT: 5 days. Rankin County to file a motion to stay as discussed during the conference. A scheduling order is to be submitted to the court no later than 1/24/12. (LWE)	Jan. 10, 2012	Jan. 10, 2012 PACER
	Set/Reset Hearings: Bench Trial set for 2/4/2013 09:00 AM in Courtroom 4A (Jackson) Lee before District Judge Tom S. Lee. Estimated length of trial: 5 days. (LWE)	Jan. 10, 2012	Jan. 10, 2012 PACER
41	NOTICE of Service of First Set of Interrogatories by Rankin County, MS School District (Griffith, Benjamin) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 PACER
42	NOTICE of Service of First Set of Request for Production by Rankin County, MS School District (Griffith, Benjamin) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 PACER
43	SCHEDULING ORDER Motions for Amended Pleadings due by 3/12/2012; Motions for Joinder of Parties due by 3/12/2012; Pearl Public School District expert witness designation by 5/11/2012; Rankin County School District, United States and Private Plaintiffs expert witness designation by June 11, 2012; Pearl Public School District rebuttal expert witness designation by July 12, 2012; Expert Depositons as set forth in order; Discovery due by 9/24/2012; Dispositive and Duabert Motions due by 10/11/2012; In Limine Motions due as set forth in Order; Pretrial Conference set for 1/14, 15 or 16, 2013 to be specified by Judge Judge Tom S. Lee; Pretrial order due by 1/21/2013; Trial Briefs due by 1/25/2013; Bench Trial set for two-week period beginning on 2/4/2013 before District Judge Tom S. Lee Signed by District Judge Tom S. Lee on January 31, 2012 (DCL) (Entered: 01/31/2012)	Jan. 31, 2012	Jan. 31, 2012 PACER
	ORAL MOTION by Pearl Public School District for Extension of Time until 3/23/12 to File Responses to discovery requests. (LWE)	Feb. 17, 2012	Feb. 17, 2012 PACER
44	NOTICE of Service of Second Set of Interrogatories by Rankin County, MS School District (Adams, Joseph) (Entered: 02/20/2012)	Feb. 20, 2012	Feb. 20, 2012 PACER
45	NOTICE of Service of Second Set of Request for Production by Rankin County, MS School District (Adams, Joseph) (Entered: 02/20/2012)	Feb. 20, 2012	Feb. 20, 2012 PACER
46	ORDER granting oral Motion of Pearl Public School District for Extension of Time to File Responses to discovery requests, said responses being due by 3/23/2012. Signed by District Judge Tom S. Lee on 2/17/12 (LWE) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012 PACER
	TEXT ONLY ORDER directing that the Clerk of Court re-open this case and place same on the active docket of this court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 3/1/12 (LWE)	March 1, 2012	March 1, 2012 PACER
	TEXT ONLY ORDER: Chambers has been advised that Attorney Sheryl M. Bey is no longer involved in this litigation. Terminated Attorney Sheryl M. Bey as counsel in this case. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 3/2/12 (LWE)	March 2, 2012	March 2, 2012 PACER
47	ORDER granting Pearl Public School District through 3/30/12 to respond to discovery requests from Rankin County School District. Signed by District Judge Tom S. Lee on 3/22/12 (LWE) (Entered: 03/22/2012)	March 22, 2012	March 22, 2012 PACER
48	NOTICE of Service of Pearl Public School District's Answers to First Set of Interrogatories Propounded by Rankin County School District Response to Interrogatories by Pearl Public School District (Robertson, James) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012 PACER
49	NOTICE of Service of Pearl Public School District's Responses to First Set of Interrogatories Propounded by Rankin County School District Response to Request for Production by Pearl Public School District (Robertson, James) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012 PACER
50	NOTICE of Service of Answers to Second Set of Interrogatories Propounded by Rankin County School District Response to Interrogatories by Pearl Public School District (Robertson, James) (Entered: 03/30/2012)	March 30, 2012	March 30, 2012 PACER
51	NOTICE of Service of Responses to Second Set of Requests for Production of Documents Propounded by Rankin County School District Response to Request for Production by Pearl Public School District (Robertson, James) (Entered: 03/30/2012)	March 30, 2012	March 30, 2012 PACER
52	NOTICE of Service of Amended Answers to Second Set of Interrogatories Propounded by Rankin County School District Response to Interrogatories by Pearl Public School District (Robertson, James) (Entered: 04/05/2012)	April 5, 2012	April 5, 2012 PACER
53	NOTICE of Service of Amended Responses to Second Set of Requests for Production of Documents Propounded by Rankin County School District Response to Request for Production by Pearl Public School District (Robertson, James) (Entered: 04/05/2012)	April 5, 2012	April 5, 2012 PACER
54	NOTICE of Service of Supplements to Amended Answers to Second Set of Interrogatories Propounded by Rankin County School District Response to Interrogatories by Pearl Public School District (Robertson, James) (Entered: 04/30/2012)	April 30, 2012	April 30, 2012 PACER
55	NOTICE of Service of Deposition on Written Questions of Michael D. Kent by Pearl Public School District (Robertson, James) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
56	Subpoena Returned Executed as to Michael D. Kent. (Robertson, James) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
57	NOTICE of Service of Designation of Experts by Pearl Public School District (Attachments: # 1 Exhibit 1 - Declaration of Richard A. Boyd, Ed.D., # 2 Exhibit 2 - Report of Wilmer S. Cody, # 3 Exhibit 3 - Report of Christine H. Rossell, # 4 Exhibit 4 - Declaration of Jerome N. McKibben)(Robertson, James) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
58	MOTION for Extension of Time to File Expert Disclosure of Michael D. Kent, for Authorizing Expert Disclosure via Rule 31 Deposition on Written Questions by Pearl Public School District (Attachments: # 1 Exhibit 1 - Resume of Michael D. Kent)(Robertson, James) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
59	Amended NOTICE of Service of Designation of Experts by Pearl Public School District (Attachments: # 1 Exhibit 5 - Declaration of Chris Watson)(Robertson, James) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
60	NOTICE of Service of Second Amended Designation of Experts by Pearl Public School District (Attachments: # 1 Exhibit 5 - Declaration of Chris Watson)(Robertson, James) (Entered: 05/14/2012)	May 14, 2012	May 14, 2012 PACER
61	RESPONSE in Opposition re 58 MOTION for Extension of Time to File Expert Disclosure of Michael D. Kent, for Authorizing Expert Disclosure via Rule 31 Deposition on Written Questions filed by Rankin County, MS School District (Attachments: # 1 Exhibit A Email from James Robertson dated 5-18-12)(Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
62	MOTION to Exclude Michael D. Kent as an Expert Witness for PPSD by Rankin County, MS School District (Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
63	MOTION to Quash PPSD Subpoena to Testify at Deposition Served on Michael D. Kent by Rankin County, MS School District (Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
64	MOTION to Strike Deposition on Written Questions of Michael D. Kent by Rankin County, MS School District (Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
65	MEMORANDUM in Opposition re 58 MOTION for Extension of Time to File Expert Disclosure of Michael D. Kent, for Authorizing Expert Disclosure via Rule 31 Deposition on Written Questions and in Support of RCSD Motion to Quash, RCSD Motion to Strike, and RCSD Motion to Exclude Michael D. Kent as Expert Witness filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
66	NOTICE of Good Faith Certificate with Cover Letter to Counsel by Rankin County, MS School District re 62 MOTION to Exclude Michael D. Kent as an Expert Witness for PPSD, 63 MOTION to Quash PPSD Subpoena to Testify at Deposition Served on Michael D. Kent, 64 MOTION to Strike Deposition on Written Questions of Michael D. Kent (Griffith, Benjamin) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
67	NOTICE of Good Faith Certificate with Cover Letter signed by Paul E. Barnes, Counsel for PPSD by Rankin County, MS School District re 62 MOTION to Exclude Michael D. Kent as an Expert Witness for PPSD, 63 MOTION to Quash PPSD Subpoena to Testify at Deposition Served on Michael D. Kent, 64 MOTION to Strike Deposition on Written Questions of Michael D. Kent (Griffith, Benjamin) (Entered: 05/22/2012)	May 22, 2012	May 22, 2012 PACER
68	NOTICE of Service of Deposition on Counter Written Questions of Michael D. Kent by Rankin County, MS School District re 55 Notice (Other) (Attachments: # 1 Exhibit A Proof of Service of Subpoena on RCSD NOS of Deposition on Counter Written Questions of Michael D. Kent, # 2 Exhibit B Cross Questions for Michael D. Kent Propounded by RCSD in Conjunction with Deposition on Written Questions)(Griffith, Benjamin) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012 PACER
69	Response in Opposition re 55 NOTICE of Service of Deposition on Written Questions of Michael D. Kent by Pearl Public School District (Robertson, James) filed by Rankin County, MS School District (Griffith, Benjamin) (Entered: 05/25/2012)	May 25, 2012	May 25, 2012 PACER
70	REPLY to Response to Motion re 61 Response in Opposition to Motion, 65 Memorandum in Opposition to Motion, 58 MOTION for Extension of Time to File Expert Disclosure of Michael D. Kent, for Authorizing Expert Disclosure via Rule 31 Deposition on Written Questions filed by Pearl Public School District (Attachments: # 1 Exhibit Exhibit 1 - Declaration of Dr. Richard A. Boyd, # 2 Exhibit Exhibit 2 - Report of Wilmer S. Cody, # 3 Exhibit Exhibit 3 - Report of Dr. Christine Rossell, # 4 Exhibit Exhibit 4 - Declaration of Dr. Jerome N. McKibben, # 5 Exhibit Exhibit 5 - Declaration of Chris Watson, AICP, # 6 Exhibit Exhibit 6 - Resume of Michael D. Kent)(Barnes, Paul) (Entered: 05/31/2012)	May 31, 2012	May 31, 2012 PACER
71	Response in Opposition re 62 MOTION to Exclude Michael D. Kent as an Expert Witness for PPSD by Rankin County, MS School District (Griffith, Benjamin), 63 MOTION to Quash PPSD Subpoena to Testify at Deposition Served on Michael D. Kent by Rankin County, MS School District (Griffith, Benjamin), 64 MOTION to Strike Deposition on Written Questions of Michael D. Kent by Rankin County, MS School District (Griffith, Benjamin) filed by Pearl Public School District (Barnes, Paul) (Entered: 06/04/2012)	June 4, 2012	June 4, 2012 PACER
	Set Hearings: At the request of the parties and having confirmed their availability, a TELEPHONIC Status Conference is set for 6/7/2012 10:30 AM before Magistrate Judge Michael T. Parker. Counsel for Rankin County, MS School District is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected or provide a call-in number to all parties, including the court. The parties shall be prepared to discuss pending motions. (KPM)	June 5, 2012	June 5, 2012 PACER
72	AFFIDAVIT re 61 Response in Opposition to Motion, by Rankin County, MS School District (Adams, Joseph) (Entered: 06/07/2012)	June 7, 2012	June 7, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Status Conference held on 6/7/2012. The court heard argument on the pending disputes involving the plaintiffs expert witness designations and related discovery issues as outlined in motions 58 62 63 64 . The court and the parties arrived at a framework for resolving the dispute. The resolution contemplates that the Rule 31 deposition of the expert at issue will be scheduled on an expedited basis and that expert designations of the Rankin County School District will be due 10 business days after the transcript of the deposition is made available. The transcript shall be expedited to eliminate further delay. The current motions deadline will not be extended. As some other deadlines may be affected and cannot be reset until the date of the deposition is known, the parties will immediately confer with the deponent to set the deposition and will submit a proposed order to the magistrate judge by noon on June 8, 2012, disposing of the motions and including an adjusted case management schedule that will keep the trial and motions deadlines intact. PARTICIPANTS: Charlene Priester for plaintiffs; Benjamin Griffith, Fred Harrell and Joseph Adams for Rankin County, Ms School District; Arthur Jernigan and Paul Barnes for Pearl Public School District. (KPM)	June 7, 2012	June 7, 2012 PACER
73	ORDER granting in part and denying in part 58 Motion for Extension of Time to File Expert Disclosure of Michael D. Kent; denying 62 Motion to Exclude Michael D. Kent as an Expert Witness; granting in part and denying in part 63 Motion to Quash PPSD Subpoena to Testify at Deposition Served on Michael D. Kent; granting in part and denying in part 64 Motion to Strike Deposition on Written Questions of Michael D. Kent. Signed by Magistrate Judge Michael T. Parker on June 12, 2012 (KPM) (Entered: 06/12/2012)	June 12, 2012	June 12, 2012 PACER
74	NOTICE of Service of Designation of Experts by Rankin County, MS School District (Attachments: # 1 Exhibit 1 Dr. David Armor Report for RCSD, # 2 Exhibit 2 Dr. William Clark Report for RCSD, # 3 Exhibit 3 Charles L. Shivers Report for RCSD)(Griffith, Benjamin) (Entered: 06/18/2012)	June 18, 2012	June 18, 2012 PACER
75	Joint MOTION to Alter Judgment by Pearl Public School District, Rankin County, MS School District (Attachments: # 1 Appendix Consent Order)(Robertson, James) (Entered: 07/31/2012)	July 31, 2012	July 31, 2012 PACER
	DOCKET ANNOTATION as to # 75 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Courts Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl)	Aug. 1, 2012	Aug. 1, 2012 PACER
76	NOTICE of Appearance by Christopher Awad on behalf of United States Department of Justice (Awad, Christopher) (Entered: 08/14/2012)	Aug. 14, 2012	Aug. 14, 2012 PACER
77	Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Joint Motion for Approval and Entry of Consent Order for Enlargement of Pearl Attendance Zone by United States Department of Justice (Awad, Christopher) (Entered: 08/14/2012)	Aug. 14, 2012	Aug. 14, 2012 PACER
78	ORDER granting 77 Motion for Extension of Time to File Response/Reply re 75 Joint MOTION for approval and entry of consent order for enlargement of Pearl Attendance Zone. Response due by 8/27/2012. Signed by District Judge Tom S. Lee on 8/16/12 (LWE) (Entered: 08/16/2012)	Aug. 16, 2012	Aug. 16, 2012 PACER
79	Joint MOTION to Stay Proceedings by United States Department of Justice (Awad, Christopher) (Entered: 08/23/2012)	Aug. 23, 2012	Aug. 23, 2012 PACER
80	ORDER granting 79 Motion to Stay Proceedings until October 8, 2012, as the parties have reached an agreement in principal regarding the terms of a proposed consent decree. Signed by District Judge Tom S. Lee on 8/23/12 (LWE) (Entered: 08/23/2012)	Aug. 23, 2012	Aug. 23, 2012 PACER
	TEXT ONLY ORDER finding as moot 20 Motion to Reopen Case; 30 Motion for Leave to File; and 75 Motion to Alter Judgment, per 80 order granting stay pending approval of the terms of proposed consent decree. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 8/23/12 (LWE)	Aug. 23, 2012	Aug. 23, 2012 PACER
	Minute Entry and Order Proceedings held before District Judge Tom S. Lee: Status Conference held on 10/11/2012 in Chambers (*Atty. Awad participated by phone). Additional ten days requested and granted with regard to entry of a consent order. Request granted. ORDER TO BE PRESENTED TO THE COURT BY NOVEMBER 1, 2012. (LWE)	Oct. 11, 2012	Oct. 11, 2012 PACER
81	NOTICE of Appearance by Mary Beebe Saffold Garrard on behalf of Rankin County, MS School District (Garrard, Mary Beebe) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER