Case: White v. State Board of Election Commissioners

4:22-cv-00062 | U.S. District Court for the Northern District of Mississippi

Filed Date: April 25, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the racial makeup of the districts by which Mississippi Supreme Court justices are elected. On April 25, 2022, a group of four Black citizens and civic leaders filed this lawsuit in the U.S. District Court for the Northern District of Mississippi. The plaintiffs sued the Mississippi State Board of Election Commissioners and the state of Mississippi, alleging that the districts used to elect state Supreme Court justices are discriminatory against Black voters in violation of t…

This case concerns the racial makeup of the districts by which Mississippi Supreme Court justices are elected. On April 25, 2022, a group of four Black citizens and civic leaders filed this lawsuit in the U.S. District Court for the Northern District of Mississippi. The plaintiffs sued the Mississippi State Board of Election Commissioners and the state of Mississippi, alleging that the districts used to elect state Supreme Court justices are discriminatory against Black voters in violation of the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments of the U.S. Constitution. They claim a cause of action under the Voting Rights Act Section 2 (52 U.S.C. § 10301) and 42 U.S.C. § 1983.

Represented by the American Civil Liberties Union, the Southern Poverty Law Center, and a private law firm, plaintiffs sought both declaratory and injunctive relief. They asked the court to issue preliminary and permanent injunctions preventing the state from using the existing districts in future elections and ordering them to enact new districts that do not take away power from Black voters. The plaintiffs also asked that the court award them costs and attorneys' fees.

The case was initially presided over by Senior Judge Michael P. Mills. However, Mills recused himself on May 3, 2022 because he had personal knowledge about the case, as he was a member of the Mississippi legislature when it enacted the existing Supreme Court districts. District Judge Debra M. Brown then took over the case, but she also recused herself less than two months later, though her recusal order provided no explanation. After that, District Judge Sharion Aycock took over the case.

Mississippi’s State Supreme Court elections use three districts, and the voters in each district vote for three justices to send to the nine-member court. The plaintiffs alleged that the districts are drawn in a way that reduces the power of Black voters, who are not a majority in any of the three districts even though nearly 40 percent of the state’s population is Black and there are several areas of the state where Black voters make up a majority. The plaintiffs argued that the underrepresentation of Black justices on the Mississippi Supreme Court is a result of the discriminatory nature of the districts. Given the racially polarized voting patterns in the state, they argued, it is difficult for Black candidates to win districts where white voters make up a majority.

The plaintiffs alleged that the Supreme Court districts violate Section 2 of the Voting Rights Act because they take away Black voters’ equal opportunity to choose justices. Furthermore, they alleged that when the existing districts were enacted in 1987, the Voting Rights Act required that the state preclear the districts with the Department of Justice, but there is no evidence that they actually did so. Furthermore, the plaintiffs argued that the districts violate the Fourteenth and Fifteenth Amendments of the Constitution, which outlaw districts that are intended to reduce the voting power of particular racial groups.

As of September 2022, the case was in the early stages of discovery.

Summary Authors

Micah Pollens-Dempsey (9/24/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63266135/parties/white-v-state-board-of-election-commissioners/


Attorney for Plaintiff

Cheung, Ming (Mississippi)

Collier, Lakyn Celeste (Mississippi)

Heard, Bradley E. (Mississippi)

Jones, Leslie Faith (Mississippi)

Attorney for Defendant

Dowdle, Lindsay Thomas (Mississippi)

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Documents in the Clearinghouse

Document
1

4:22-cv-00062

Complaint for Declaratory Judgement and Injunctive Relief

April 25, 2022

April 25, 2022

Complaint
5

4:22-cv-00062

Order of Recusal

May 3, 2022

May 3, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63266135/white-v-state-board-of-election-commissioners/

Last updated April 7, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, Filing fee $ 402, receipt number AMSNDC-2087227, filed by Derrick Simmons, Dyamone White, Ty Pinkins, Constance Olivia Straught Harvey-Burwell. (Attachments: # 1 Civil Cover Sheet) (jla)

1 Civil Cover Sheet

View on PACER

April 25, 2022

April 25, 2022

Clearinghouse

NOTICE OF ASSIGNMENT. Case assigned to Judge Mills and Magistrate Judge Virden. (jla)

April 25, 2022

April 25, 2022

PACER
2

Summons Issued as to Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson; forwarded to Attorney for service. (jla)

April 25, 2022

April 25, 2022

RECAP
3

MOTION to Appear Pro Hac Vice Bradley E. Heard ; Attorney Bradley E. Heard,(Paid $150 PHV fee; receipt number AMSNDC-2089679) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Morgan, Jade)

April 29, 2022

April 29, 2022

PACER
4

MOTION to Appear Pro Hac Vice Liza Weisberg ; Attorney Liza Weisberg,(Paid $150 PHV fee; receipt number AMSNDC-2089706) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Morgan, Jade)

April 29, 2022

April 29, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 4 MOTION to Appear Pro Hac Vice Liza Weisberg; Please file a certificate of good standing from Georgia and New Jersey state licensing authority by using the civil event "Exhibits to Other Documents" and linking to original motion. (jla)

May 2, 2022

May 2, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 3 MOTION to Appear Pro Hac Vice Bradley E. Heard ; Please file a certificate of good standing from District of Columbia state licensing authority by using the civil event "Exhibits to Other Documents" and linking to original motion. (jla)

May 2, 2022

May 2, 2022

PACER
5

ORDER OF RECUSAL. Senior Judge Michael P. Mills recused. Case reassigned to District Judge Debra M. Brown for all further proceedings. Signed by Senior Judge Michael P. Mills on 5/3/22. (jla)

May 3, 2022

May 3, 2022

Clearinghouse
6

SUMMONS Returned Executed by Lakyn Celeste Collier on behalf of Derrick Simmons, Dyamone White, Ty Pinkins, Constance Olivia Straught Harvey-Burwell All Defendants. (Collier, Lakyn)

May 3, 2022

May 3, 2022

RECAP
7

EXHIBIT re 3 MOTION to Appear Pro Hac Vice Bradley E. Heard ; Attorney Bradley E. Heard,(Paid $150 PHV fee; receipt number AMSNDC-2089679) . (Morgan, Jade)

May 4, 2022

May 4, 2022

PACER
8

ORDER granting 3 Motion to Appear Pro Hac Vice; Attorney Bradley E. Heard. Signed by Magistrate Judge Jane M. Virden on 5/6/22. (jla)

May 6, 2022

May 6, 2022

PACER
9

MOTION to Appear Pro Hac Vice ; Attorney Isaac Rethy,(Paid $150 PHV fee; receipt number AMSNDC-2093779) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

May 10, 2022

May 10, 2022

PACER
10

MOTION to Appear Pro Hac Vice ; Attorney Samantha Osaki,(Paid $150 PHV fee; receipt number AMSNDC-2094192) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

May 10, 2022

May 10, 2022

PACER
11

MOTION to Appear Pro Hac Vice ; Attorney Patricia Yan,(Paid $150 PHV fee; receipt number AMSNDC-2094196) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

May 10, 2022

May 10, 2022

PACER
12

MOTION to Appear Pro Hac Vice ; Attorney Ari Savitzky,(Paid $150 PHV fee; receipt number AMSNDC-2094200) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

May 10, 2022

May 10, 2022

PACER
13

MOTION to Appear Pro Hac Vice ; Attorney Jon Youngwood,(Paid $150 PHV fee; receipt number AMSNDC-2094206) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service, # 2 Exhibit B List of Bar Admissions) (Tom, Joshua)

May 10, 2022

May 10, 2022

PACER
14

ORDER granting 9 Motion to Appear Pro Hac Vice; Attorney Isaac Rethy. Signed by Magistrate Judge Jane M. Virden on 5/11/22. (jla)

May 11, 2022

May 11, 2022

PACER
15

ORDER granting 10 Motion to Appear Pro Hac Vice; Attorney Samantha Osaki. Signed by Magistrate Judge Jane M. Virden on 5/11/22. (jla)

May 11, 2022

May 11, 2022

PACER
16

ORDER granting 12 Motion to Appear Pro Hac Vice; Attorney Ari Savitzky. Signed by Magistrate Judge Jane M. Virden on 5/11/22. (jla)

May 11, 2022

May 11, 2022

PACER
17

ORDER granting 13 Motion to Appear Pro Hac Vice; Attorney Jon Youngwood. Signed by Magistrate Judge Jane M. Virden on 5/11/22. (jla)

May 11, 2022

May 11, 2022

PACER
18

NOTICE of Attorney Appearance by Ari J. Savitzky on behalf of All Plaintiffs (Savitzky, Ari)

May 11, 2022

May 11, 2022

PACER
19

NOTICE of Attorney Appearance by Bradley E. Heard on behalf of All Plaintiffs (Heard, Bradley)

May 11, 2022

May 11, 2022

PACER
20

MOTION for Extension of Time to File Answer re 1 Complaint (unopposed motion) by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Shannon, Rex)

May 12, 2022

May 12, 2022

RECAP
21

ORDER granting 20 Unopposed Motion for Extension of Time to Answer. Defendants' shall have until and including Thursday, June 16, 2022, to answer or otherwise respond. Signed by Magistrate Judge Jane M. Virden on 5/12/2022. (bbf)

May 12, 2022

May 12, 2022

PACER
22

ORDER granting 11 Motion to Appear Pro Hac Vice; Attorney Patricia Yan. Signed by Magistrate Judge Jane M. Virden on 5/12/22. (jla)

May 12, 2022

May 12, 2022

PACER
23

NOTICE of Attorney Appearance by Jonathan K. Youngwood on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Youngwood, Jonathan)

May 16, 2022

May 16, 2022

PACER
24

NOTICE of Attorney Appearance by Isaac M. Rethy on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Rethy, Isaac)

May 16, 2022

May 16, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 23 Notice of Attorney Appearance; Attorney to include signature of local counsel on all filings as required by L.U.Civ.R. 83.1(d)3. Attorney to refile with local counsel signature. (jla)

May 16, 2022

May 16, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 24 Notice of Attorney Appearance; Attorney to include signature of local counsel on all filings as required by L.U.Civ.R. 83.1(d)3. Attorney to refile with local counsel signature. (jla)

May 16, 2022

May 16, 2022

PACER
25

NOTICE of Attorney Appearance by Bradley E. Heard on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Heard, Bradley)

May 17, 2022

May 17, 2022

PACER
26

NOTICE of Attorney Appearance by Jonathan K. Youngwood on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Youngwood, Jonathan)

May 17, 2022

May 17, 2022

PACER
27

NOTICE of Attorney Appearance by Isaac M. Rethy on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Rethy, Isaac)

May 17, 2022

May 17, 2022

PACER
28

NOTICE of Attorney Appearance by Samantha Osaki on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Osaki, Samantha)

May 17, 2022

May 17, 2022

PACER
29

EXHIBIT re 4 MOTION to Appear Pro Hac Vice Liza Weisberg ; Attorney Liza Weisberg,(Paid $150 PHV fee; receipt number AMSNDC-2089706) . (Morgan, Jade)

May 24, 2022

May 24, 2022

PACER
30

CLERK'S NOTICE of Incomplete Process as to Darlene Johnson (jla)

May 24, 2022

May 24, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 30 Clerk's Notice of Incomplete Process; disregard entry - filed in wrong case. (jla)

May 24, 2022

May 24, 2022

PACER
31

NOTICE of Attorney Appearance by Patricia Jia Yan on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Yan, Patricia)

May 26, 2022

May 26, 2022

PACER
32

ORDER granting 4 Motion to Appear Pro Hac Vice; Attorney Liza Weisberg. Signed by Magistrate Judge Jane M. Virden on 5/27/2022. (jla)

May 27, 2022

May 27, 2022

PACER
33

MOTION to Appear Pro Hac Vice ; Attorney Vara Lyons,(Paid $150 PHV fee; receipt number AMSNDC-2101419) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

May 27, 2022

May 27, 2022

PACER
34

ORDER granting 33 Motion to Appear Pro Hac Vice; Attorney Vara Lyons. Signed by Magistrate Judge Jane M. Virden on 5/31/22. (jla)

May 31, 2022

May 31, 2022

PACER
35

NOTICE of Attorney Appearance by Liza Freedman Weisberg on behalf of All Plaintiffs (Weisberg, Liza)

June 1, 2022

June 1, 2022

PACER
36

MOTION to Appear Pro Hac Vice ; Attorney Sophia Lin Lakin,(Paid $150 PHV fee; receipt number AMSNDC-2106121) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

June 9, 2022

June 9, 2022

PACER
37

ORDER granting 36 Motion to Appear Pro Hac Vice; Attorney Sophia Lin Lakin. Signed by Magistrate Judge Jane M. Virden on 6/13/22. (jla)

June 13, 2022

June 13, 2022

PACER
38

NOTICE of Attorney Appearance by Michael B. Wallace on behalf of All Defendants (Wallace, Michael)

June 16, 2022

June 16, 2022

PACER
39

ANSWER to 1 Complaint by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Shannon, Rex)

June 16, 2022

June 16, 2022

RECAP
40

INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 7/19/2022 at 10:00 AM before Magistrate Judge Jane M. Virden. Confidential memos and a jointly proposed Case Management Order due no later than 7/5/2022. Signed by Magistrate Judge Jane M. Virden on 6/17/2022. (irw)

June 17, 2022

June 17, 2022

RECAP
41

ORDER OF RECUSAL. District Judge Debra M. Brown recused. Case reassigned to District Judge Sharion Aycock for all further proceedings. Signed by District Judge Debra M. Brown on 6/21/22. (jla)

June 21, 2022

June 21, 2022

RECAP
42

NOTICE of Attorney Appearance by Gerald L. Kucia on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson (Kucia, Gerald)

June 27, 2022

June 27, 2022

PACER
43

NOTICE of Attorney Appearance by Lindsay Thomas Dowdle on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson (Dowdle, Lindsay)

June 27, 2022

June 27, 2022

PACER
44

NOTICE OF SERVICE of First Request for Production of Documents by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to All Defendants. (Tom, Joshua)

July 8, 2022

July 8, 2022

RECAP

CLERK'S NOTICE OF CORRECTION re 44 Notice of Service; Pursuant to the Administrative Procedures for Electronic Case Filing, documents are to be filed only with the login credentials of signing attorney. Attorney directed to refile document with signature of the filing attorney or to refile the document using the login credentials of signing attorney. (jla)

July 14, 2022

July 14, 2022

PACER
45

NOTICE OF SERVICE of Plaintiff's First Request for Production of Documents by Lakyn Celeste Collier on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to All Defendants. (Collier, Lakyn)

July 14, 2022

July 14, 2022

RECAP
46

Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Case Management Conference held on 7/19/2022. (irw)

July 19, 2022

July 19, 2022

RECAP
47

CASE MANAGEMENT ORDER: Final Pretrial Conference set for 11/2/2023 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Discovery due by 4/19/2023. Amendments/Joinder of Parties due by 8/25/2022. Plaintiffs Designation of Experts due by 10/3/2022. Defendants Designation of Experts due by 12/1/2022. Motions due by 6/1/2023. Signed by Magistrate Judge Jane M. Virden on 7/19/2022. (irw)

July 19, 2022

July 19, 2022

RECAP
48

NOTICE OF SERVICE of Defendants' First Set of Interrogatories and First Set of Requests for Production of Documents Propounded to Plaintiffs by Rex Morris Shannon, III on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson to Plaintiffs. (Shannon, Rex)

July 19, 2022

July 19, 2022

PACER
49

NOTICE of Trial: Non-Jury Trial set for 12/4/2023 09:40 AM in Aberdeen Bankruptcy Courthouse - Courtroom 2 before District Judge Sharion Aycock. (tjw)

July 20, 2022

July 20, 2022

PACER
50

NOTICE of Conference: Final Pretrial-Settlement Conference set for 11/2/2023 at 10:00 AM in Judge Virden's Chambers before Magistrate Judge Jane M. Virden. Jointly proposed Pretrial Order due no later than 10/24/2023. (irw)

July 20, 2022

July 20, 2022

PACER
51

ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Magistrate Judge Jane M. Virden on 7/20/2022. (irw)

July 20, 2022

July 20, 2022

RECAP
52

MOTION to Appear Pro Hac Vice Ahmed K. Soussi ; Attorney Ahmed K. Soussi,(Paid $150 PHV fee; receipt number AMSNDC-2123552) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Morgan, Jade)

July 27, 2022

July 27, 2022

PACER

CLERK'S NOTICE OF CORRECTION re 52 MOTION to Appear Pro Hac Vice Ahmed K. Soussi; Attorney to provide a certificate of good standing from Arizona and New York state licensing authority as required by L.U.Civ.R. 83.1(d)(4). Attorney directed to file by using the civil event "Exhibits to Other Document" and linking to original motion. (jla)

July 27, 2022

July 27, 2022

PACER
53

NOTICE OF SERVICE of Defendants' Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Requests for Production of Documents by Rex Morris Shannon, III on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson to Plaintiffs. (Shannon, Rex)

Aug. 8, 2022

Aug. 8, 2022

PACER
54

NOTICE OF SERVICE of Plaintiffs Initial Disclosures by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to State Board of Election Commissioners; Tate Reeves in his official capacity as Governor of Mississippi; Lynn Fitch in her official capacity as Attorney General of Mississippi; Michael Watson in his official capacity as Secretary of State of Mississippi. (Tom, Joshua)

Aug. 9, 2022

Aug. 9, 2022

PACER
55

MOTION to Withdraw as Attorney Liza Weisberg by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Proposed Order) (Weisberg, Liza)

Aug. 11, 2022

Aug. 11, 2022

PACER
56

ORDER granting 55 Motion to Withdraw as Attorney. Attorney Liza Freedman Weisberg terminated. Signed by Magistrate Judge Jane M. Virden on 8/11/2022. (bbf)

Aug. 11, 2022

Aug. 11, 2022

PACER
57

NOTICE OF SERVICE of Plaintiffs' Responses to Interrogatories and Responses to Requests for Production of Documents by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to State Board of Election Commissioners; Tate Reeves in his official capacity as Governor of Mississippi; Lynn Fitch in her official capacity as Attorney General of Mississippi; Michael Watson in his official capacity as Secretary of State of Mississippi. (Tom, Joshua)

Aug. 18, 2022

Aug. 18, 2022

PACER
58

NOTICE by Jade O. Morgan on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White re 52 MOTION to Appear Pro Hac Vice Ahmed K. Soussi ; Attorney Ahmed K. Soussi,(Paid $150 PHV fee; receipt number AMSNDC-2123552) (Attachments: # 1 Exhibit COGS from Arizona, # 2 Exhibit COGS from New York) (Morgan, Jade)

Aug. 23, 2022

Aug. 23, 2022

PACER
59

MOTION to Withdraw as Attorney Samantha Osaki by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Tom, Joshua)

Aug. 23, 2022

Aug. 23, 2022

PACER
60

ORDER granting 59 Motion to Withdraw as Attorney. Attorney Samantha Osaki terminated. Signed by Magistrate Judge Jane M. Virden on 8/23/2022. (bbf)

Aug. 23, 2022

Aug. 23, 2022

PACER
61

ORDER granting 52 Motion to Appear Pro Hac Vice; Attorney Ahmed K. Soussi. Signed by Magistrate Judge Jane M. Virden on 08/25/2022. (nih)

Aug. 25, 2022

Aug. 25, 2022

PACER
62

CERTIFICATE OF SERVICE by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White Plaintiffs' First Set of Interrogatories to Defendants (Tom, Joshua)

Sept. 2, 2022

Sept. 2, 2022

PACER
63

NOTICE OF SERVICE of Defendants' First Supplemental Responses to Plaintiffs' First Set of Requests for Production of Documents by Rex Morris Shannon, III on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson to Plaintiffs. (Shannon, Rex)

Sept. 13, 2022

Sept. 13, 2022

RECAP
64

NOTICE OF SERVICE of Plaintiffs' Supplemental Responses and Objections to Defendants' First Set of Interrogatories by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to State Board of Election Commissioners; Tate Reeves in his official capacity as Governor of Mississippi; Lynn Fitch in her official capacity as Attorney General of Mississippi; Michael Watson in his official capacity as Secretary of State of Mississippi. (Tom, Joshua)

Sept. 16, 2022

Sept. 16, 2022

PACER
65

NOTICE OF SERVICE of Defendants' Respective Responses to Plaintiffs' First Set of Interrogatories by Rex Morris Shannon, III on behalf of Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson to Plaintiffs. (Shannon, Rex)

Oct. 3, 2022

Oct. 3, 2022

RECAP
66

NOTICE OF SERVICE of Plaintiffs' Expert Reports by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to All Defendants. (Tom, Joshua)

Oct. 3, 2022

Oct. 3, 2022

RECAP
67

NOTICE OF SERVICE of Plaintiffs' Production of Documents by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to State Board of Election Commissioners; Tate Reeves in his official capacity as Governor of Mississippi; Lynn Fitch in her official capacity as Attorney General of Mississippi; Michael Watson in his official capacity as Secretary of State of Mississippi. (Tom, Joshua)

Oct. 11, 2022

Oct. 11, 2022

PACER
68

NOTICE OF SERVICE of Plaintiffs' First Supplemental Initial Disclosures by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to All Defendants. (Tom, Joshua)

Oct. 14, 2022

Oct. 14, 2022

RECAP
69

MOTION for Extension of Time to Designate Expert Witnesses by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Attachments: # 1 Exhibit A - Plaintiffs' Initial Disclosures, # 2 Exhibit B - Plaintiffs' Responses to Interrogatories, # 3 Exhibit C - Plaintiffs' Responses to Requests for Production of Documents, # 4 Exhibit D - 8/26/2022 Good Faith Letter, # 5 Exhibit E - Plaintiffs' Supplemental Interrogatory Responses, # 6 Exhibit F - 9/22/2022 Good Faith E-mail, # 7 Exhibit G - 10/03/2022 Transmittal E-mail, # 8 Exhibit H - Burch Report, # 9 Exhibit I - Campbell Report, # 10 Exhibit J - Cooper Report, # 11 Exhibit K - Diaz Report, # 12 Exhibit L - King Report, # 13 Exhibit M - Orey Report) (Shannon, Rex) Modified on 10/19/2022 (jla).

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Oct. 17, 2022

Oct. 17, 2022

RECAP
70

MEMORANDUM IN SUPPORT re 69 MOTION for Extension of Time to Designate Expert Witnesses filed by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Shannon, Rex)

Oct. 17, 2022

Oct. 17, 2022

RECAP
71

NOTICE of Conference: Telephonic Status Conference set for 10/20/2022 at 04:00 PM before Magistrate Judge Jane M. Virden. (bbf)

Oct. 19, 2022

Oct. 19, 2022

PACER
72

Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Status Conference held on 10/20/2022. (irw)

Oct. 20, 2022

Oct. 20, 2022

RECAP
73

ORDER granting 69 Unopposed Motion to Extend CMO Deadline. Defendants' Designation of Experts due by 1/6/2023. Signed by Magistrate Judge Jane M. Virden on 10/25/2022. (bbf)

Oct. 25, 2022

Oct. 25, 2022

RECAP
74

MOTION Overrule Defendants' Objections and Compel Discovery by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Plaintiffs' Interrogatories, # 2 Exhibit B Reeves' Response, # 3 Exhibit C Fitch Response, # 4 Exhibit D Watson Response, # 5 Exhibit E SBEC Response, # 6 Exhibit F Letter from Plaintiffs, # 7 Exhibit G Letter from Defendants, # 8 Exhibit H Good Faith Certificate) (Tom, Joshua)

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Oct. 28, 2022

Oct. 28, 2022

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75

MEMORANDUM IN SUPPORT re 74 MOTION Overrule Defendants' Objections and Compel Discovery filed by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Tom, Joshua)

Oct. 28, 2022

Oct. 28, 2022

RECAP
76

MOTION to Appear Pro Hac Vice ; Attorney Kelsey A. Miller,(Paid $150 PHV fee; receipt number AMSNDC-2163493) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

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Nov. 1, 2022

Nov. 1, 2022

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77

NOTICE OF SERVICE of Subpoena by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White to Mississippi Department of Archives and History. (Attachments: # 1 Exhibit A Subpoena to Mississippi Department of Archives and History) (Tom, Joshua)

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Nov. 1, 2022

Nov. 1, 2022

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78

ORDER granting 76 Motion to Appear Pro Hac Vice; Attorney Kelsey A. Miller. Signed by Magistrate Judge Jane M. Virden on 11/2/2022. (nih)

Nov. 2, 2022

Nov. 2, 2022

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79

PROOF OF SERVICE OF SUBPOENA served on Katie Blunt, Director, Mississippi Department of Archives and History on 11/1/22 by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Tom, Joshua)

Nov. 2, 2022

Nov. 2, 2022

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80

MOTION to Appear Pro Hac Vice ; Attorney Ming Cheung,(Paid $150 PHV fee; receipt number AMSNDC-2165518) by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Attachments: # 1 Exhibit A Certificate of Good Service) (Tom, Joshua)

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Nov. 4, 2022

Nov. 4, 2022

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81

ORDER granting 80 Motion to Appear Pro Hac Vice; Attorney Ming Cheung Signed by Magistrate Judge Jane M. Virden on 11/7/2022. (nih)

Nov. 7, 2022

Nov. 7, 2022

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82

First MOTION to Appear Pro Hac Vice ; Attorney Sabrina S. Khan,(Paid $150 PHV fee; receipt number AMSNDC-2166377) by Dyamone White. (Morgan, Jade) (Main Document 82 replaced with flattened pdf version of same on 11/8/2022) (jla).

Nov. 8, 2022

Nov. 8, 2022

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83

ORDER granting 82 Motion to Appear Pro Hac Vice; Attorney Sabrina S. Khan. Signed by Magistrate Judge Jane M. Virden on 11/8/2022. (nih)

Nov. 8, 2022

Nov. 8, 2022

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84

RESPONSE in Opposition re 74 MOTION Overrule Defendants' Objections and Compel Discovery filed by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Attachments: # 1 Exhibit A - Order, McCray v. SBEC, # 2 Exhibit B - Order, NAACP v. Fordice, # 3 Exhibit C - USDOJ Preclearance Letter, # 4 Exhibit D - MDAH Records Control Schedule No. 283, # 5 Exhibit E - Defendants' Responses to Plaintiffs' Requests for Production of Documents) (Shannon, Rex)

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Nov. 14, 2022

Nov. 14, 2022

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85

MEMORANDUM IN SUPPORT re 84 Response in Opposition to Motion re 74 MOTION Overrule Defendants' Objections and Compel Discovery filed by Lynn Fitch, Tate Reeves, State Board of Election Commissioners, Michael Watson. (Shannon, Rex) Modified on 11/22/2022 (jla).

Nov. 14, 2022

Nov. 14, 2022

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86

NOTICE of Attorney Appearance by Ming Cheung on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Cheung, Ming)

Nov. 16, 2022

Nov. 16, 2022

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87

NOTICE of Attorney Appearance by Kelsey A. Miller on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White (Miller, Kelsey)

Nov. 16, 2022

Nov. 16, 2022

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88

RESPONSE in Support re 74 MOTION Overrule Defendants' Objections and Compel Discovery filed by Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White. (Tom, Joshua)

Nov. 21, 2022

Nov. 21, 2022

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CLERK'S NOTICE OF CORRECTION re 85 Memorandum in Support; All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla)

Nov. 22, 2022

Nov. 22, 2022

PACER
89

ORDER denying 74 Plaintiffs' Motion to Overrule Defendants' Objections and Compel Discovery. Signed by Magistrate Judge Jane M. Virden on 12/1/2022. (bbf)

Dec. 1, 2022

Dec. 1, 2022

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90

NOTICE of Attorney Appearance by Ahmed K. Soussi on behalf of All Plaintiffs (Soussi, Ahmed)

Dec. 2, 2022

Dec. 2, 2022

PACER
91

NOTICE by Joshua Fiyenn Tom on behalf of Constance Olivia Straught Harvey-Burwell, Ty Pinkins, Derrick Simmons, Dyamone White of Issuance of Subpoena on the Mississippi Republican Party to Produce Documents (Attachments: # 1 Exhibit Subpoena to Mississippi Republican Party) (Tom, Joshua)

Dec. 5, 2022

Dec. 5, 2022

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: April 25, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of four Black citizens and civic leaders in Mississippi.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Mississippi, State

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)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-area:

Disparate Impact

Disparate Treatment

Voting:

Voting: General & Misc.

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution

Discrimination-basis:

Race discrimination

Race:

Black