Case: Miller v. Bibb County School District

5:12-cv-00239 | U.S. District Court for the Middle District of Georgia

Filed Date: June 26, 2012

Closed Date: Dec. 12, 2012

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Case Summary

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4239186/parties/miller-v-bibb-county-school-district/


Judge(s)
Attorney for Plaintiff

Jr, A. Lee (Georgia)

Attorney for Defendant

Adams, Virgil Louis (Georgia)

Jolliffe, Andrea L. (Georgia)

Jones, Kenneth Drew (Georgia)

Jordan, Donald James (Georgia)

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Documents in the Clearinghouse

Document
1

5:12-cv-00239

Complaint

June 26, 2012

June 26, 2012

Complaint
3

5:12-cv-00239

Motion for Declaratory and Injunctive Relief

June 26, 2012

June 26, 2012

Pleading / Motion / Brief
8

5:12-cv-00239

Answer to Complaint by Defendants Carr and Macon Bibb County Board of Election and Voter Registration

June 28, 2012

June 28, 2012

Pleading / Motion / Brief
9

5:12-cv-00239

Order Granting Motion for Preliminary Injunction

June 29, 2012

June 29, 2012

Order/Opinion
10

5:12-cv-00239

Answer to Complaint by Defendant Bibb County School Distirct

July 2, 2012

July 2, 2012

Pleading / Motion / Brief
12

5:12-cv-00239

Order Granting Motion Regarding Advance Voting

July 16, 2012

July 16, 2012

Order/Opinion
13

5:12-cv-00239

Motion for Default Judgment as to Motion to Dismiss and Motion for Summary Judgment by Defendant Bibb County School Distirct

Aug. 23, 2012

Aug. 23, 2012

Pleading / Motion / Brief
15

5:12-cv-00239

Response by Defendants Bechtel, Miller, and Sutton regarding Motion for Default Judgment as to Motion to Dismiss and Motion for Summary Judgment

Sept. 10, 2012

Sept. 10, 2012

Pleading / Motion / Brief
17

5:12-cv-00239

Response by Defendant Carr and Macon Bibb County Board of Elections and Voter Registration

Sept. 13, 2012

Sept. 13, 2012

Pleading / Motion / Brief
19

5:12-cv-00239

Reply to Response filed by Bibb County School District re Motion for Default Judgment as to Motion to Dismiss and Motion for Summary Judgment

Sept. 20, 2012

Sept. 20, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4239186/miller-v-bibb-county-school-district/

Last updated Feb. 21, 2026, 1:31 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing Fee $ 350, Receipt Number 113G-1384767,filed by LESTER M MILLER, BRENDA SUTTON, GARY BECHTEL. (Attachments: # 1 Civil Cover Sheet)(ans) (Additional attachment(s) added on 6/26/2012: # 2 Exhibit A - Map of Bibb County School Districts, # 3 Exhibit A-1 - Bibb County Board of Education Reapportionment Formula, # 4 Exhibit B - Copy of House Bill 963/AP, # 5 Exhibit C - Map of Proposed Bibb County School Board Districts) (ans). (Additional attachment(s) added on 6/26/2012: # 6 Exhibit D - Letter from T. Christian Herren, Jr., to Michael C. Pruett) (ans). (Entered: 06/26/2012)

1 Civil Cover Sheet

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2 Exhibit A - Map of Bibb County School Districts

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3 Exhibit A-1 - Bibb County Board of Education Reapportionment Formula

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4 Exhibit B - Copy of House Bill 963/AP

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5 Exhibit C - Map of Proposed Bibb County School Board Districts

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6 Exhibit D - Letter from T. Christian Herren, Jr., to Michael C. Pruett

View on RECAP

June 26, 2012

June 26, 2012

Clearinghouse
2

Consent Form (28 USC 636(c)(1)) sent to GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON (ans) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

3

MOTION for Preliminary Injunction by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON filed by CHARLES E COX, JR. (Attachments: # 1 Memorandum in Support)(COX, CHARLES) (Entered: 06/26/2012)

1 Memorandum in Support

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June 26, 2012

June 26, 2012

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4

ORDER Setting Hearing (with instructions) on 3 MOTION for Preliminary Injunction : Motion Hearing set for 6/29/2012 09:30 AM in Macon before Judge Hugh Lawson. Ordered by Judge Hugh Lawson on 6/26/2012. (nbp) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

5

***DOCUMENT HAS WRONG DATE FOR HEARING - TO BE REFILED TO CORRECT THE DATE*** CERTIFICATE OF SERVICE re 4 Order Setting Hearing on Motion (Parks, Allan) Modified on 6/27/2012 (ans). (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

6

CERTIFICATE OF SERVICE re 4 Order Setting Hearing on Motion (Parks, Allan) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

NOTICE OF SETTING HEARING re 3 MOTION for Preliminary Injunction - Motion Hearing set for 6/29/2012 9:30 AM in MACON before Judge Hugh Lawson. (nop)

June 27, 2012

June 27, 2012

7

STIPULATION by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walbert, David) (Entered: 06/28/2012)

1 Exhibit A - List of Republican Party Qualified Candidates

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2 Exhibit B - List of Democratic Party Qualified Candidates

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3 Exhibit C - 2012 Election Calendar

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June 28, 2012

June 28, 2012

8

ANSWER to Complaint by ELAINE CARR, MACON BIBB COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION.(Jordan, Donald) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

Clearinghouse
9

ORDER granting 3 Motion for Preliminary Injunction. Ordered by Judge Hugh Lawson on June 29, 2012. (mbh) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

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10

ANSWER to 1 Complaint,, by BIBB COUNTY SCHOOL DISTRICT.(Millsaps, Patrick) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

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11

MOTION Consent Order Regarding Advance Voting and Absentee Voting by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON filed by David Frank Walbert. (Attachments: # 1 Text of Proposed Order)(Walbert, David) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

12

ORDER granting 11 Motion Regarding Advance Voting. Ordered by Judge Hugh Lawson on 7/16/2012. (nbp) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

Clearinghouse
13

MOTION for Default Judgment as to.(, ), MOTION to Dismiss, MOTION for Summary Judgment(, ) by BIBB COUNTY SCHOOL DISTRICT filed by Andrea L. Jolliffe. (Attachments: # 1 Exhibit Statement of Material Facts Not In Dispute, # 2 Exhibit Brief in Support of Motion to Dismiss or in the Alternative Motion for Summary Judgment)(Jolliffe, Andrea) (Entered: 08/23/2012)

1 Exhibit Statement of Material Facts Not In Dispute

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2 Exhibit Brief in Support of Motion to Dismiss or in the Alternative Motion for S

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Aug. 23, 2012

Aug. 23, 2012

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14

***NOTIFIED MS. JOLIFFE AND MR. JONES THAT THE ATTORNEY FILING THE DOCUMENT MUST BE THE ATTORNEY WHO LOGS INTO CM/ECF TO FILE THE DOCUMENT ELECTRONICALLY*** NOTICE of Attorney Appearance by Kenneth D. Jones on behalf of BIBB COUNTY SCHOOL DISTRICT (Jolliffe, Andrea) Modified on 8/24/2012 to show Kenneth D. Jones as attorney appearing (ans). (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

15

RESPONSE filed by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON re 13 MOTION for Default Judgment as to.MOTION to DismissMOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Walbert, David) (Entered: 09/10/2012)

1 Exhibit Exhibit 1 - LETTER TO RANDY HOWARD FROM DAVID F. WALBERT

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2 Exhibit Exhibit 2 - LETTER TO DAVID WALBERT FROM ANDREA L. JOLLIFFE

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3 Exhibit Exhibit 3 - AFFIDAVIT OF ELAINE CARR

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Sept. 10, 2012

Sept. 10, 2012

Clearinghouse
16

Response to Statement of Material Facts filed by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON re 15 Response to Motion, (Walbert, David) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

17

RESPONSE filed by ELAINE CARR, MACON BIBB COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION re 13 MOTION for Default Judgment as to.MOTION to DismissMOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Jordan, Donald) (Entered: 09/13/2012)

1 Exhibit Exhibit A - Consent Order

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2 Exhibit Exhibit B - Affidavit of Elaine Carr

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Sept. 13, 2012

Sept. 13, 2012

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18

MOTION for Attorney Fees by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON filed by David Frank Walbert. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of David F. Walbert, # 3 Affidavit of A. Lee Parks, Jr., # 4 Affidavit Charles Cox)(Walbert, David) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

19

REPLY to Response filed by BIBB COUNTY SCHOOL DISTRICT re 13 MOTION for Default Judgment as to.MOTION to DismissMOTION for Summary Judgment (Jolliffe, Andrea) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

Clearinghouse
20

Reply to Statement of Material Facts filed by BIBB COUNTY SCHOOL DISTRICT re 16 Response to Statement of Material Facts (Jolliffe, Andrea) Modified on 9/21/2012 (ans). (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

21

MOTION for Extension of Time to File Response by BIBB COUNTY SCHOOL DISTRICT filed by Andrea L. Jolliffe.(Jolliffe, Andrea) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

22

ORDER denying 21 Motion to Extend Time. The Court will not stay the briefing schedule and orders parties to file briefs in accordance with traditional briefing schedule. Ordered by Judge Hugh Lawson on 10/03/2012. (nbp) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

Clearinghouse
23

***ERROR***Letter regarding Motion to Extend Time to Response to Plaintiffs' Motion for Award of Attorney Fees re 21 MOTION for Extension of Time to File Response (Attachments: # 1 Exhibit Defendant's Motion to Extend Time to Response to Plaintiff's Motion)(Jolliffe, Andrea) Modified on 10/3/2012-Filer was not aware of the filing of 22 Order at time of filing. (cma). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

24

Letter regarding Defendants' Response to Plaintiffs' Motion for Award of Attorneys' Fees re 18 MOTION for Attorney Fees (Jordan, Donald) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

25

RESPONSE filed by BIBB COUNTY SCHOOL DISTRICT re 18 MOTION for Attorney Fees (Jones, Kenneth) (Entered: 10/08/2012)

Oct. 8, 2012

Oct. 8, 2012

26

Letter regarding extension of time to reply re 18 MOTION for Attorney Fees (ans) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

27

RESPONSE filed by ELAINE CARR, MACON BIBB COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION re 18 MOTION for Attorney Fees (Jordan, Donald) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

28

MOTION for Leave to File Excess Pages for Plaintiffs' Reply in Support of Their Motion for Award of Attorneys' Fees and Expenses by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON filed by David Frank Walbert. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit 1 -- Plaintiffs' Reply in Support of Their Motion for Award of Attorneys' Fees and Expenses)(Walbert, David) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

29

REPLY to Response filed by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON re 18 MOTION for Attorney Fees (Walbert, David) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

This is a text only entry; no document issued. ORDER granting 28 Motion for Leave to File Excess Pages. Ordered by Judge Hugh Lawson on November 5, 2012. (mbh)

Nov. 5, 2012

Nov. 5, 2012

30

NOTICE of Plaintiffs' Supplemental Attorneys' Fee Submission by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON (Attachments: # 1 Affidavit)(Walbert, David) Modified on 11/8/2012 to change event from Affidavit to Notice(ans). (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

NOTICE OF SETTING HEARING re: 13 MOTION for Default Judgment, MOTION to Dismiss, MOTION for Summary Judgment and re: 18 MOTION for Attorney Fees - Hearing set for 11/29/2012 @ 2:00 PM in Macon before Judge Hugh Lawson. (nop)

Nov. 26, 2012

Nov. 26, 2012

NOTICE OF RESCHEDULING HEARING ON re: 13 MOTION for Default Judgment, MOTION to Dismiss, MOTION for Summary Judgment and re: 18 MOTION for Attorney Fees - Motions Hearing originally scheduled for 11/29/2012 is RESCHEDULED to 12/3/2012 @ 10:00 AM in Macon before Judge Hugh Lawson. (nop)

Nov. 26, 2012

Nov. 26, 2012

31

Minute Entry for proceedings held before Judge Hugh Lawson: Motions Hearing held on 12/3/2012 in Macon re: 13 MOTION for Default Judgment/MOTION to Dismiss/MOTION for Summary Judgment filed by BIBB COUNTY SCHOOL DISTRICT, and re: 18 MOTION for Attorney Fees filed by LESTER M MILLER, GARY BECHTEL, BRENDA SUTTON. Settlement is reached. Consent Order forthcoming. (Court Reporter Sally Gray) (nop) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

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32

MOTION to Approve Consent Judgment by GARY BECHTEL, LESTER M MILLER, BRENDA SUTTON filed by David Frank Walbert. (Attachments: # 1 Text of Proposed Order)(Walbert, David) (Entered: 12/05/2012)

1 Text of Proposed Order

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Dec. 5, 2012

Dec. 5, 2012

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33

ORDER granting 32 Motion to Approve Consent Judgment. Ordered by Judge Hugh Lawson on 12/7/2012. (nbp) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

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34

JUDGMENT (ans) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

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Case Details

State / Territory:

Georgia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 26, 2012

Closing Date: Dec. 12, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of Bibb County, one of which is a candidate for election for the Board of Education, one of which is a current member of the Board of Education, and one of which is a voter and non-candidate or member of the Board of Education

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Macon Bibb County Board of Elections and Voter Registration

Private Entity/Person

Elaine Carr, in her Official Capacity as Executive Director of the Bibb County Board of Elections and Voter Registration

School District

Bibb County School District Georgia

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Middle District of Georgia 5:12-cv-00239

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $60,000 for attorneys fees

Issues

Voting:

Redistricting/district composition

Recommended Citation