Case: Missouri State Conference of the National Association for the Advancement of Colored People v. Ferguson-Florissant School District

4:14-cv-02077 | U.S. District Court for the Eastern District of Missouri

Filed Date: Dec. 18, 2014

Case Ongoing

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Case Summary

This is a voter dilution case that challenged an at-large election system utilized by the Ferguson Florissant School District in the State of Missouri to elect members to its School Board.  On December 18, 2014, the Missouri State Conference of the National Association for the Advancement of Colored People and certain African American residents and registered voters of the District filed a lawsuit in the U.S. District Court for the Eastern District of Missouri. Plaintiffs sued Ferguson-Florissa…

This is a voter dilution case that challenged an at-large election system utilized by the Ferguson Florissant School District in the State of Missouri to elect members to its School Board. 

On December 18, 2014, the Missouri State Conference of the National Association for the Advancement of Colored People and certain African American residents and registered voters of the District filed a lawsuit in the U.S. District Court for the Eastern District of Missouri. Plaintiffs sued Ferguson-Florissant School District and the St. Louis County Board of Elections Commissioners under Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 and claimed that the defendant’s at-large scheme impermissibly denied African American voters an equal opportunity to participate in the political process and to elect representatives of their choice, thereby causing unlawful vote dilution. Represented by the ACLU of Missouri Foundation and the ACLU Voting Rights Project, Plaintiffs sought a declaratory judgment that the defendant’s at-large election system violated Section 2 of the Voting Rights Act and injunctive relief enjoining the defendant from using the at-large method of election and ordering the defendant to implement an election system that complied with the Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs also sought an award of attorneys’ fees and costs. Plaintiffs claimed that the defendant's at-large election method weakened the voting strength of minority voters and consequently denied those voters an equal opportunity to elect candidates of their choice. The case was assigned to Judge Rodney W. Sippel.

The defendant filed an amended answer to the complaint on June 10, 2015 and moved for summary judgment on September 30, 2015. Plaintiffs also filed a motion for summary judgment on September 30, 2015. On November 5, 2015, the court denied both parties’ motions for summary judgment, finding that neither side had carried its burden to demonstrate that summary judgment was proper. 

On December 2, 2015, plaintiffs filed a motion for interim relief in the form of a short delay of the then-upcoming election that was scheduled to take place on April 5, 2015 until the next practicable date on which elections were scheduled to take place (either the August 2, 2016 statewide primary or the November 8, 2016 general election), to provide an opportunity to craft and implement a permanent and appropriate remedy. Plaintiffs sought such relief on the grounds that the irreparable harm to members of the Ferguson-Florissant School District community of holding an election under an unlawful election scheme outweighed any potential inconvenience to defendants. 

The court held a six-day bench trial from January 11, 2016 through January 19, 2016. The parties filed post-trial briefs and proposed findings of fact and conclusions of law on April 8, 2016. On April 22, 2016, the parties filed responses to each other’s post-trial briefs.

On April 22, 2016, the defendant filed a motion to reopen the case and sought judicial notice of new evidence related to the certified election results from the April 5, 2016 election for the School District Board of Education. On April 26, 2016, plaintiffs responded to the defendant’s motion to reopen the case and stated that they did not oppose the motion but requested that the court take judicial notice of additional facts related to the 2016 election. 

On August 22, 2016, the court entered an opinion and order 1) granting the School District’s motion to reopen the case; 2) entering judgment in favor for plaintiffs on the issue of voter dilution in violation of Section 2 of the Voting Rights Act of 1965; and 3) denying plaintiffs’ motion for interim relief as moot. The court concluded that plaintiffs had established, based on the totality of the circumstances, that African American voters in the School District had less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice under the at-large election system. 

On September 1, 2016, the defendant filed a motion to amend the court’s August 22, 2016 order and judgment to include a statement certifying the opinion for interlocutory appeal. On September 1, 2016, the defendant further filed a motion to certify the case for interlocutory appeal as to the court’s August 22, 2016 order to the United States Court of Appeals for the Eighth Circuit. Plaintiffs filed their memorandum in opposition on September 12, 2016.

On September 27, 2016, the court denied the defendant’s motions and found that the defendant had not met the jurisdictional requirements for certification. The court therefore declined to certify the defendant's proposed questions for interlocutory appeal. 

On September 28, 2016, plaintiffs filed three proposed remedial plans for the court’s consideration and stated their preferred plan for that the court should order was a cumulative voting at-large electoral system for Ferguson-Florissant School Board elections and a comprehensive voter education plan. On October 19, 2016, defendants filed their responses to plaintiffs’ proposed remedial plans. The St. Louis County Board of Elections Commissioners did not object or offer its own remedial proposals and indicated it could accommodate any of plaintiffs’ three proposed plans. The defendant proposed that the court maintain the current election system. 

On October 25, 2016, the United States Court of Appeals for the Eighth Circuit dismissed the defendant’s petition for permission to appeal for lack of jurisdiction under 28 U.S.C. § 1292(b). 

On November 21, 2016, the court ruled in favor of plaintiffs on the issues of vote dilution in violation of Section 2 of the Voting Rights Act and injunctive relief. Specifically, the court enjoined defendants from conducting school board elections via the traditional at-large electoral method and adopted a cumulative voting at-large electoral system for School Board elections with a comprehensive voter education plan. The court order further stated that the court retained jurisdiction over the matter to enter further relief or necessary orders to carry out the terms of the November 21, 2016 orders. 

On December 7, 2017, the parties participated in a mediation to determine plaintiffs’ attorneys’ fees and costs incurred in the matter and achieved a settlement conditioned on the defendant’s approval which had not been given. 

On December 14, 2016, the plaintiffs filed a motion to alter judgment and requested the court to modify its November 21, 2016 judgment to include the parties’ proposed voter education program and apportion the costs for that program between the defendants. Plaintiffs also filed on that same day a motion for a bill of costs in the total amount of $19,645.39. 

On December 14, 2016, the defendant appealed the court’s August 22, 2016 and November 21, 2016 final judgment orders to the United States Court of Appeals for the Eighth Circuit. 

On December 20, 2016, the defendant filed a motion to stay the court’s August 22, 2016 and November 21, 2016 final judgment orders pending the defendant's appeal. 

On December 20, 2016, plaintiffs filed a motion for attorneys’ fees and non-taxable costs and sought an award of 1) attorneys’ fees in the amount of $1,137,920.05; 2) non-taxable expenses in the amount of $232,320.43; and 3) the costs of mediation. 

On December 21, 2016, the court entered an order granting plaintiffs’ motion to alter judgment. That same day, the court entered an amended judgment and injunction order that 1) enjoined defendants from conducting elections for the School Board via the traditional at-large electoral method; 2) required Defendants to implement a cumulative voting at-large electoral system for the School Board elections with a voter education program; and 3) apportioned costs for the education program as agreed by the parties, except that costs for production of sample ballots and mailing of agreed-upon materials to voters were to be apportioned equally between defendants. Further the order required the parties to comply with all provisions stated in the Remedial Order entered on November 21, 2016. 

The December 21, 2016 order also granted the defendant’s motion for a stay of the amended judgment and injunction entered in the case pending appeal. 

On January 5, 2017, the United States Court of Appeals for the Eighth Circuit entered an order denying the defendant’s motion for extension of time to file its brief and denying Plaintiffs’ motion to vacate stay, or in the alternative, expedite appeal. 

On February 8, 2017, the Missouri School Boards’ Association filed a motion for permission to file an amicus brief and tendered a proposed amicus brief to the United States Court of Appeals for the Eighth Circuit on behalf of the School District. 

On July 3, 2018, the United States Court of Appeals for the Eighth Circuit entered an opinion and judgment in favor of plaintiffs and affirmed the district court’s finding of a Section 2 violation of the Voting Rights Act. 

On August 6, 2018, the United States Court of Appeals for the Eighth Circuit denied the defendant’s petitions for rehearing en banc and rehearing by the panel. 

On August 14, 2018, the United States Court of Appeals for the Eighth Circuit remanded plaintiffs’ motion for attorneys’ fees to the district court for appropriate hearing and determination. Further, the Eighth Circuit entered an order on August 14, 2018 awarding the defendant the total amount of $150.04 as taxable costs on appeal. 

On August 22, 2018, plaintiffs filed a motion to vacate the court’s December 21, 2016 stay of amended judgment and injunction and requested the court to direct the parties to submit a voter education program in compliance with the amended judgment and injunction. On October 18, 2018, the court entered an order granting plaintiffs’ motion to lift the stay.

On November 2, 2018, the School District filed a petition for a writ of certiorari to the Supreme Court of the United States and on January 7, 2019, the Supreme Court denied the petition. 

On February 26, 2020, St. Louis County Board of Election Commissioners field a consent motion for relief from Section 7 of the court’s order and judgment relative to the providing of notice for the upcoming April 7, 2020 election due to the presidential primary election. Specifically, the Election Board noted that the parties had consented to the Election Board’s proposal to send out sample ballots as required under Section 7 of the order and judgment immediately following the March 20, 2020 primary election, as opposed to sending such notices out one week prior to the commencement of absentee voting on February 25, 2020. On February 28, 2020, the court entered a paperless order granting the Election Board’s consent motion. 

On May 27, 2020, the court entered an order granting in part plaintiffs’ motion for attorneys’ fees and finding defendants jointly and severally liable for attorneys’ fees in an amount to be determined. After the parties filed a status report informing the court that they had resolved all pending matters as to plaintiffs’ motion for attorneys’ fees on July 28, 2020, the court entered on order on July 29, 2020 denying plaintiffs’ motion for attorneys’ fees as moot. 

Summary Authors

Melissa Scott (11/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299532/parties/missouri-state-conference-of-the-national-association-for-the-advancement/


Judge(s)
Attorney for Plaintiff

DeLoach, Kayla (Missouri)

Doty, Grant R. (Missouri)

Ebenstein, Julie A. (Missouri)

Attorney for Defendant

Crotzer, Darold E. (Missouri)

Forster, Kathryn B. (Missouri)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

4:14-cv-02077

Complaint

Missouri State Conference of The Nat'l Assoc. for the Advancement of Colored People, et al. v. Ferguson-Florissant Sch. Bd. of Comm'rs

Dec. 18, 2014

Dec. 18, 2014

Complaint

2014 WL 7189660

6

4:14-cv-02077

Answer

Missouri State Conferen, Et Al V. Ferguson-Florissant Sch, Et Al

Jan. 7, 2015

Jan. 7, 2015

Pleading / Motion / Brief
33

4:14-cv-02077

Plaintiff's Motion to Compel Production of Documents

Missouri State Conferen, Et Al V. Ferguson-Florissant Sch, Et Al

May 14, 2015

May 14, 2015

Pleading / Motion / Brief
36

4:14-cv-02077

Order

May 20, 2015

May 20, 2015

Order/Opinion
46

4:14-cv-02077

Amended Answer

Missouri State Conferen, Et Al V. Ferguson-Florissant Sch, Et Al

June 10, 2015

June 10, 2015

Pleading / Motion / Brief
56

4:14-cv-02077

Motion for Sanctions

Sept. 4, 2015

Sept. 4, 2015

Pleading / Motion / Brief
58

4:14-cv-02077

Declaration of Cindy Ormsby

Sept. 4, 2015

Sept. 4, 2015

Monitor/Expert/Receiver Report
57

4:14-cv-02077

Memorandum in Support of Defendant Ferguson-Florissant School District's Motion for Sanctions

Sept. 4, 2015

Sept. 4, 2015

Pleading / Motion / Brief
64

4:14-cv-02077

Plaintiffs' Memorandum in Opposition to Defendant's Motion for Sanctions

Sept. 11, 2015

Sept. 11, 2015

Pleading / Motion / Brief
66

4:14-cv-02077

Defendant Ferguson Florissant School District's Reply Memorandum in Support of its Motion for Sanctions

Sept. 14, 2015

Sept. 14, 2015

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299532/missouri-state-conference-of-the-national-association-for-the-advancement/

Last updated Dec. 21, 2024, 9:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Ferguson-Florissant School District, St. Louis County Board of Election Commissioners with receipt number 0865-4642520, in the amount of $400 Non-Jury Demand,, filed by Missouri State Conference of the National Association for the Advancement of Colored People, Doris Bailey, F. Willis Johnson, Redditt O. Hudson. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons School District, # 4 Summons Board of Elections)(Rothert, Anthony) (Entered: 12/18/2014)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons School District

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4 Summons Board of Elections

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Dec. 18, 2014

Dec. 18, 2014

RECAP
2

NOTICE OF PROCESS SERVER by Plaintiffs Doris Bailey, Redditt O. Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People Process Server: Brian Lilley (Rothert, Anthony) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
3

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Missouri State Conference of the National Association for the Advancement of Colored People. Parent companies: National Association for the Advancement of Colored People, Subsidiaries: none, Publicly held company: none,. (Rothert, Anthony) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER

Case Opening Notification: 2 Summons(es) issued. The summons were emailed to attorney Anthony E. Rothert. Judge Assigned: U.S. District Judge Rodney W. Sippel. (BAK)

Dec. 18, 2014

Dec. 18, 2014

PACER
4

SUMMONS Returned Executed filed by Missouri State Conference of the National Association for the Advancement of Colored People, Doris Bailey, F. Willis Johnson, Redditt Hudson. St. Louis County Board of Election Commissioners served on 12/18/2014, answer due 1/8/2015. (Rothert, Anthony) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
5

SUMMONS Returned Executed filed by Missouri State Conference of the National Association for the Advancement of Colored People, Doris Bailey, F. Willis Johnson, Redditt Hudson. Ferguson-Florissant School District served on 12/18/2014, answer due 1/8/2015. (Rothert, Anthony) (Entered: 12/19/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
6

ANSWER to 1 Complaint,, by Ferguson-Florissant School District.(Ormsby, Cindy) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

RECAP
7

ENTRY of Appearance by Gillian R. Wilcox for Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Wilcox, Gillian) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER
8

ANSWER to 1 Complaint,, by St. Louis County Board of Election Commissioners.(Crotzer, Darold) (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER

Receipt 4644047445 in the amount of $100.00 for PRO HAC VICE on behalf of Dale E. Ho (CCAM)

Jan. 8, 2015

Jan. 8, 2015

PACER

Receipt 4644047445 in the amount of $100.00 for PRO HAC VICE on behalf of Julie A. Ebenstein (CCAM)

Jan. 8, 2015

Jan. 8, 2015

PACER
9

MOTION for Leave to Appear Pro Hac Vice Julie Ebenstein. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Certificate of Good Standing)(LGK) (Entered: 01/09/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
10

MOTION for Leave to Appear Pro Hac Vice Dale Ho. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Certificate of Good Standing)(LGK) (Entered: 01/09/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
11

ENTRY of Appearance by Andrew J. McNulty for Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (McNulty, Andrew) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER

Receipt 4644047470 in the amount of $100.00 for PRO HAC VICE on behalf of M. LAUGHLIN MCDONALD (CCAM)

Jan. 9, 2015

Jan. 9, 2015

PACER
14

MOTION for Leave to Appear Pro Hac Vice M. Laughlin McDonald. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachment: # 1 Certificate of Good Standing) (ARL) (Entered: 01/12/2015)

1 Certificate of Good Standing

View on PACER

Jan. 9, 2015

Jan. 9, 2015

PACER
12

Docket Text ORDER: Re: 9 MOTION for Leave to Appear Pro Hac Vice Julie Ebenstein. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Certificate of Good Standing)(LGK) filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 1/12/15. (ARL) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
13

Docket Text ORDER: Re: 10 MOTION for Leave to Appear Pro Hac Vice Dale Ho. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Certificate of Good Standing)(LGK) filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 1/12/15. (ARL) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
15

Docket Text ORDER: Re: 14 MOTION for Leave to Appear Pro Hac Vice M. Laughlin McDonald. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachment: # 1 Certificate of Good Standing) (ARL) filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 1/13/15. (ARL) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
16

ENTRY of Appearance by Grant R. Doty for Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Doty, Grant) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
17

RULE 16 ORDER. This case is assigned to Track: 2. Joint Scheduling Plan due by 2/26/2015. Rule 16 Conference set for 3/5/2015 11:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Signed by District Judge Rodney W. Sippel on 1/26/15. (ARL) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
18

JOINT SCHEDULING PLAN by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. . (Ebenstein, Julie) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

PACER
19

ENTRY of Appearance by Angela Bullock Gabel for Defendant Ferguson-Florissant School District. (Gabel, Angela) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
20

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Rule 16 Conference held on 3/5/2015. Conference held in person. CMO to issue. (Court Reporter:Shannon White.) (FTR Gold: No.) (JWD) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
21

CASE MANAGEMENT ORDER: This case is assigned to Track: 2. Motion to Join Parties due by 3/13/2015. Discovery Completion due by 9/4/2015. Dispositive Motions due by 9/11/2015. Bench Trial set for 1/11/2016 09:00 AM in Courtroom 16S before District Judge Rodney W. Sippel. Motion in Limine due by 1/1/2016. SO ORDERED. Signed by District Judge Rodney W. Sippel on 3/5/15. (JWD) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
22

MOTION to Withdraw as Attorney ;attorney/firm Grant R. Doty by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Doty, Grant) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
23

Docket Text ORDER: Re: 22 MOTION to Withdraw as Attorney ;attorney/firm Grant R. Doty by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Doty, Grant) filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People ; ORDERED GRANTED, Attorney Grant R. Doty terminated.. Signed by District Judge Rodney W. Sippel on 4/2/15. (LGK) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
24

TRANSCRIPT of 20 (RULE 16 CONFERENCE) held on March 5, 2015 before Judge Rodney W. Sippel. Court Reporter/Transcriber Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2015. Redacted Transcript Deadline set for 5/7/2015. Release of Transcript Restriction set for 7/6/2015. (JWD) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
25

MOTION to Amend/Correct Case Management Order by Defendant Ferguson-Florissant School District. (Attachments: # 1 Text of Proposed Order)(Ormsby, Cindy) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
26

MEMORANDUM in Support of Motion re 25 MOTION to Amend/Correct Case Management Order filed by Defendant Ferguson-Florissant School District. (Ormsby, Cindy) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER

Receipt 4644049308 in the amount of $100.00 for PRO HAC VICE on behalf of Sophia Lin Lakin (CCAM)

April 14, 2015

April 14, 2015

PACER
27

MOTION for Leave to Appear Pro Hac Vice Sophia Lin Lakin. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Certificate of Good Standing)(LGK) (Entered: 04/15/2015)

April 14, 2015

April 14, 2015

PACER
28

MEMORANDUM in Opposition re 25 MOTION to Amend/Correct Case Management Order filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Ebenstein, Julie) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
29

Docket Text ORDER: Re: 27 MOTION for Leave to Appear Pro Hac Vice Sophia Lin Lakin. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People ORDERED GRANTED, Attorney Sophia Lin Lakin added. Signed by District Judge Rodney W. Sippel on 4/16/15. (JWD) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER

ORDER RECEIPT: (see receipt) Docket No: 29. Thu Apr 16 09:29:33 CDT 2015 (Dockery, Jason)

April 16, 2015

April 16, 2015

PACER
30

ORDER: IT IS HEREBY ORDERED that Defendant Ferguson-Florissant School District's Motion to Amend Case Management Order is set for a hearing on May 11, 2015 at 11:00 a.m. in Courtroom 16 South.. Signed by District Judge Rodney W. Sippel on 4/16/15. (LGK) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER

ORDER RECEIPT: (see receipt) Docket No: 30. copy of order mailed to non cm-ecf participants Thu Apr 16 15:04:25 CDT 2015 (Wooley, Lisa)

April 16, 2015

April 16, 2015

PACER
31

MOTION to Continue hearing on Defendant Ferguson-Florissant School District's motion to amended scheduling order by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Rothert, Anthony) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
32

ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Continue # 31 the hearing on Defendant Ferguson-Florissant School District's Motion to Amend Case Management Order is GRANTED. The hearing that was set for May 11, 2015 at 11:00 a.m. is continued to May 20, 2015 at 11:00 a.m. in Courtroom 16 South.. Signed by District Judge Rodney W. Sippel on 4/22/15. (LGK) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
33

MOTION to Compel Production of Documents by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit 1 - FFSD Resp. to 1st Interrogs., # 2 Exhibit 2 - Ebenstein Letter, # 3 Exhibit 3 - Ormsby Letter, # 4 Exhibit 4 - Emails Between Parties, # 5 Exhibit 5 - Proposed Protective Order, # 6 Exhibit 6 - 1st Interrogs. to Pl. Hudson)(Ebenstein, Julie) (Entered: 05/14/2015)

1 Exhibit 1 - FFSD Resp. to 1st Interrogs.

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2 Exhibit 2 - Ebenstein Letter

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3 Exhibit 3 - Ormsby Letter

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4 Exhibit 4 - Emails Between Parties

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5 Exhibit 5 - Proposed Protective Order

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6 Exhibit 6 - 1st Interrogs. to Pl. Hudson

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May 14, 2015

May 14, 2015

RECAP
34

ORDER: IT IS HEREBY ORDERED that, in addition to arguing Defendant Ferguson-Florissant School District's Motion to Amend Case Management Order at the hearing which remains set for May 20, 2015 at 11:00 a.m. in Courtroom 16 South, the parties should also be prepared to argue Plaintiff's Motion to Compel Production of Documents. Signed by District Judge Rodney W. Sippel on 5/15/15. (JWD) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
35

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Motion Hearing held on 5/20/2015 re 25 MOTION to Amend/Correct Case Management Order filed by Ferguson-Florissant School District. 33 MOTION to Compel Production of Documents filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. Arguments heard. Order to follow. (Court Reporter: Regan Florino) (ARL) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
36

ORDER: IT IS HEREBY ORDERED that Defendant Ferguson-Florissant School District's Motion to Amend Case Management Order # 25 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Production of Documents # 33 is GRANTED...SEE ORDER FOR ADDITIONAL DETAILS AND DEADLINES... Signed by District Judge Rodney W. Sippel on 5/20/15. (LGK) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

RECAP
37

Joint MOTION for Protective Order by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Text of Proposed Order)(Ebenstein, Julie) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
38

STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION AND DOCUMENTS: IT IS SO ORDERED that the Parties' Joint Motion for Protective Order is granted. Signed by District Judge Rodney W. Sippel on 5/28/15. (Attachments: # 1 Exhibit A - Written Assurance)(JWD) (Entered: 05/28/2015)

May 28, 2015

May 28, 2015

PACER
39

MOTION for Leave to Appear Pro Hac Vice John A. Safarli. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4891896) by Defendant Ferguson-Florissant School District. (Attachments: # 1 Certificate of Good Standing)(Safarli, John) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

PACER
40

Docket Text ORDER: Re: 39 MOTION for Leave to Appear Pro Hac Vice John A. Safarli. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4891896) by Defendant Ferguson-Florissant School District. (Attachments: # 1 Certificate of Good Standing)(Safarli, John) filed by Ferguson-Florissant School District ; ORDERED GRANTED.. Signed by District Judge Rodney W. Sippel on 6/3/15. (LGK) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER

A Docket Text Order

June 3, 2015

June 3, 2015

PACER
41

MOTION for Extension of: Time to Notify Court by Interested Party Art McCoy II. (Sedey, Mary Anne) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
42

Docket Text ORDER: Re: 41 MOTION for Extension of: Time to Notify Court by Interested Party Art McCoy II. (Sedey, Mary Anne) filed by Art McCoy II ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 6/5/15. (LGK) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER

A Docket Text Order

June 5, 2015

June 5, 2015

PACER
43

First MOTION for Leave to File Amended Answer - Uncontested by Defendant Ferguson-Florissant School District. (Attachments: # 1 Attachment Amended Answer)(Ormsby, Cindy) (Entered: 06/09/2015)

1 Attachment Amended Answer

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June 9, 2015

June 9, 2015

PACER
44

MEMORANDUM re 38 Protective Order, by Interested Party Art McCoy II. (Sedey, Mary Anne) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
45

Docket Text ORDER: Re: 43 First MOTION for Leave to File Amended Answer - Uncontested by Defendant Ferguson-Florissant School District. (Attachments: # 1 Attachment Amended Answer)(Ormsby, Cindy) filed by Ferguson-Florissant School District ; ORDERED granted. Signed by District Judge Rodney W. Sippel on 6/10/15. (LGK) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER

A Docket Text Order

June 10, 2015

June 10, 2015

PACER
46

AMENDED ANSWER to 1 Complaint,, amended form filer filed by Ferguson-Florissant School District filed by Defendant Ferguson-Florissant School District. (LGK) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

RECAP
47

ORDER: IT IS HEREBY ORDERED that the Court's Order # 36 granting Plaintiff's Motion to Compel Production of Documents # 33, to the extent it ordered the production of Dr. Art McCoy's personnel file, shall be STAYED pending further Court order.. Signed by District Judge Rodney W. Sippel on 6/11/15. (LGK) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
48

RESPONSE TO COURT ORDER re 44 Memorandum, 47 Order, by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Rothert, Anthony) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
49

MOTION for Protective Order by Defendant Ferguson-Florissant School District. (Ormsby, Cindy) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
50

ORDER: IT IS HEREBY ORDERED that a hearing will be held on Plaintiff's motion to compel the production of Dr. Art McCoy's personnel file on Wednesday, July 1, 2015 at 2:30 p.m. in Courtroom 16-S. All interested parties, including counsel for Dr. Art McCoy, shall attend.. Signed by District Judge Rodney W. Sippel on 6/12/15. (LGK) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
51

MEMORANDUM in Opposition re 49 MOTION for Protective Order filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B, # 3 Exhibit Ex C)(Rothert, Anthony) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
52

ORDER: IT IS HEREBY ORDERED that the hearing on Plaintiffs motion to compel Dr. McCoys personnel file is VACATED as moot. IT IS FURTHER ORDERED that a hearing will be held on Defendants motion for a protective order on Wednesday, July 1, 2015 at 2:30 p.m. in Courtroom 16-S. The parties shall supplement the record no later than noon on June 29, 2015 to provide the Court with the details of what actually occurs in the dispositions, such as the deposition transcripts and/or portions of the transcripts reflecting the questions that draw objections and counsels instructions to the witnesses. Signed by District Judge Rodney W. Sippel on 6/17/15. (ARL) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
53

MEMORANDUM re 49 MOTION for Protective Order by Defendant Ferguson-Florissant School District. (Ormsby, Cindy) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
54

ORDER: IT IS HEREBY ORDERED that Defendant Ferguson-Florissant School District's Motion for Protective Order # 49 is DENIED as moot without prejudice. IT IS FURTHER ORDERED that the hearing on Defendant's Motion for Protective Order, which was scheduled for July 1, 2015 at 2:30 p.m. in Courtroom 16-S, is VACATED. Signed by District Judge Rodney W. Sippel on 6/25/15. (ARL) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
55

ENTRY of Appearance by Jessie M. Steffan for Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Steffan, Jessie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
56

MOTION for Sanctions by Defendant Ferguson-Florissant School District. (Attachments: # 1 Text of Proposed Order)(Safarli, John) (Entered: 09/04/2015)

1 Text of Proposed Order

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Sept. 4, 2015

Sept. 4, 2015

RECAP
57

MEMORANDUM in Support of Motion re 56 MOTION for Sanctions filed by Defendant Ferguson-Florissant School District. (Safarli, John) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

RECAP
58

DECLARATION filed by Defendant Ferguson-Florissant School District re 56 MOTION for Sanctions Declaration of Cindy Ormsby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Safarli, John) (Entered: 09/04/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Sept. 4, 2015

Sept. 4, 2015

RECAP
59

TRANSCRIPT of 35 (MOTION HEARING) held on May 20, 2015 before Judge Rodney W. Sippel. Court Reporter/Transcriber Reagan Fiorino, Reagan_Fiorino@moed.uscourts.gov, 314-244-7989. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (ARL) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
60

Consent MOTION for Extension of: Scheduling Order Deadlines by Defendant Ferguson-Florissant School District. (Gabel, Angela) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
61

Amended MOTION for Extension by Consent of: Scheduling Order Deadlines by Defendant Ferguson-Florissant School District. (Gabel, Angela) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
62

MOTION for Leave to File in Excess of Page Limitation by Defendant Ferguson-Florissant School District. (Gabel, Angela) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
63

ORDER: IT IS HEREBY ORDERED that a hearing is set on Defendant Ferguson-Florissant School District's Motion for Sanctions 56 and Defendant's Amended Motion to Extend Scheduling Deadlines 61 . The hearing is set for Tuesday, September 15, 2015 at 11:00 a.m. in Courtroom 16-South. IT IS FURTHER ORDERED that the dispositive motion briefing schedule is VACATED and will be re-set at the September 15, 2015 hearing. IT IS FURTHER ORDERED that Defendant Ferguson-Florissant School District's Motion for Leave to File in Excess of Page Limitation 62 is GRANTED. The parties summary judgment briefs and opposition briefs may be no longer than twenty (20) pages in length. Reply briefs may be no longer than fifteen (15) pages in length. Signed by District Judge Rodney W. Sippel on 9/10/15. (ARL) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
64

MEMORANDUM in Opposition re 56 MOTION for Sanctions filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit Ex. 1 - Article from St. Louis Post-Dispatch, # 2 Exhibit Ex. 2 - Declaration of Adolphus M. Pruitt, II, # 3 Exhibit Ex. 3 - Initial Disclosures of Ferguson Florissant School District, # 4 Exhibit Ex. 4 - Declaration of Anthony E. Rothert, # 5 Exhibit Ex. 5 - Declaration of Dale Ho, # 6 Exhibit Ex. 6 - Email correspondence, # 7 Exhibit Ex. 7 - St. Louis County NAACP statement, # 8 Exhibit Ex. 8 - News article)(Rothert, Anthony) (Entered: 09/11/2015)

1 Exhibit Ex. 1 - Article from St. Louis Post-Dispatch

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2 Exhibit Ex. 2 - Declaration of Adolphus M. Pruitt, II

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3 Exhibit Ex. 3 - Initial Disclosures of Ferguson Florissant School District

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4 Exhibit Ex. 4 - Declaration of Anthony E. Rothert

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5 Exhibit Ex. 5 - Declaration of Dale Ho

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6 Exhibit Ex. 6 - Email correspondence

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7 Exhibit Ex. 7 - St. Louis County NAACP statement

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8 Exhibit Ex. 8 - News article

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Sept. 11, 2015

Sept. 11, 2015

RECAP
65

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Rothert, Anthony) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
66

REPLY re 56 MOTION for Sanctions filed by Defendant Ferguson-Florissant School District. (Attachments: # 1 Exhibit Plaintiffs' First Amended Disclosures, # 2 Exhibit August 24 Email from Julie Ebenstein, # 3 Exhibit Respondent's Amended Disclosures, # 4 Exhibit August 26 Email from Cindy Ormsby, # 5 Exhibit August 28 Email from Cindy Ormsby, # 6 Exhibit August 31 Email from Cindy Ormsby, # 7 Exhibit Read Receipts, # 8 Exhibit Respondent's Second Amended Disclosures)(Gabel, Angela) (Entered: 09/14/2015)

1 Exhibit Plaintiffs' First Amended Disclosures

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2 Exhibit August 24 Email from Julie Ebenstein

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3 Exhibit Respondent's Amended Disclosures

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4 Exhibit August 26 Email from Cindy Ormsby

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5 Exhibit August 28 Email from Cindy Ormsby

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6 Exhibit August 31 Email from Cindy Ormsby

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7 Exhibit Read Receipts

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8 Exhibit Respondent's Second Amended Disclosures

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Sept. 14, 2015

Sept. 14, 2015

RECAP
67

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Motion Hearing held on 9/15/2015 re 56 MOTION for Sanctions filed by Ferguson-Florissant School District. Arguments made. Matter continued to 9/22/15 at 11:30 a.m. Order to issue. (Court Reporter:Patti Dunn-Wecke.) (FTR Gold: No.) (LGK) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
68

ORDER: IT IS HEREBY ORDERED that the hearing on Defendant Ferguson-Florissant School District's Motion for Sanctions 56 shall be continued to Tuesday, September 22, 2015 at 11:30 a.m. in Courtroom 16-South for further argument and the presentation of evidence. The parties may supplement their briefs on this matter by no later than Friday, September 18, 2015. IT IS FURTHER ORDERED that the Court will temporarily adopt the briefing schedule for dispositive motions as proposed in Defendants Amended Motion to Extend Scheduling Deadlines 61, with dispositive motions being due by September 25, 2015, subject to reconsideration at the September 22, 2015 hearing. IT IS FURTHER ORDERED that Plaintiffs Motion for Leave to file in Excess of Page Limitation 65 is GRANTED. The parties dispositive motions and memoranda of law may be no longer than sixty (60) pages in length ( Motion Hearing set for 9/22/2015 11:30 AM in Courtroom 16S before District Judge Rodney W. Sippel.) Signed by District Judge Rodney W. Sippel on 9/15/15. (ARL) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
69

MEMORANDUM in Support of Motion re 56 MOTION for Sanctions Supplemental filed by Defendant Ferguson-Florissant School District. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Gabel, Angela) (Entered: 09/18/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Sept. 18, 2015

Sept. 18, 2015

RECAP
70

Second MOTION to Amend/Correct 21 Case Management Order, by Defendant Ferguson-Florissant School District. (Attachments: # 1 Text of Proposed Order)(Safarli, John) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
71

MEMORANDUM in Support of Motion re 70 Second MOTION to Amend/Correct 21 Case Management Order, filed by Defendant Ferguson-Florissant School District. (Safarli, John) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
72

DECLARATION filed by Defendant Ferguson-Florissant School District re 21 Case Management Order, . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Safarli, John) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
73

SUPPLEMENTAL re 56 MOTION for Sanctions, 68 Order,,,, 64 Memorandum in Opposition to Motion,, by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Affidavit Declaration of Rev. Gill Ford)(Rothert, Anthony) (Entered: 09/18/2015)

1 Affidavit Declaration of Rev. Gill Ford

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Sept. 18, 2015

Sept. 18, 2015

RECAP
74

MOTION to Withdraw as Attorney for Plaintiffs ;attorney/firm Gillian R. Wilcox by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Wilcox, Gillian) (Entered: 09/20/2015)

Sept. 20, 2015

Sept. 20, 2015

PACER
75

Docket Text ORDER: Re: 74 MOTION to Withdraw as Attorney for Plaintiffs; attorney/firm Gillian R. Wilcox filed by Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 9/21/15. (CAR) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER

A Docket Text Order

Sept. 21, 2015

Sept. 21, 2015

PACER
76

MEMORANDUM in Opposition re 70 Second MOTION to Amend/Correct 21 Case Management Order, filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit Ex 1 - Ormsby-Ebenstein April 2, 2015, # 2 Exhibit Ex. 2 - Ebenstein-Ormsby April 3, 2015, # 3 Exhibit Ex. 3 - Gabel-Ebenstein June 26, 2015, # 4 Exhibit Ex. 4 - Ebenstein-Ormsby July 2, 2015, # 5 Exhibit Ex. 5 - Ebenstein-Ormsby July 7, 2015, # 6 Exhibit Ex. 6 - Ebenstein-Ormsby July 24, 2015, # 7 Exhibit Ex. 7 - Gabel-Ebenstein September 3, 2015, # 8 Exhibit Ex. 8 - Initial Disclosures of Plaintiffs Feb. 19, 2015, # 9 Exhibit Ex. 9 - Ebenstein-Ormsby August 27, 2015)(Rothert, Anthony) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
77

Minute Entry for proceedings held before District Judge Rodney W. Sippel: Motion Hearing held on 9/22/2015 re 56 MOTION for Sanctions filed by Ferguson-Florissant School District. Order to follow. (Court Reporter:Reagan Fiorino.) (FTR Gold: No.) (CAR) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

RECAP
78

ORDER: IT IS HEREBY ORDERED that Defendant Ferguson-Florissant School District's Second Motion to Amend Case Management Order # 70 is DENIED. See Order for full details. ( Discovery Completion due by 10/22/2015., Dispositive Motions due by 9/30/2015., Status Conference set for 10/13/2015 10:00 AM in Courtroom 16S before District Judge Rodney W. Sippel.) Signed by District Judge Rodney W. Sippel on 9/22/15. (ARL) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
79

MEMORANDUM Notice of Non-Party Subpoenas by Defendant Ferguson-Florissant School District. (Attachments: # 1 Attachment Non-Party Subpoena - E Haywood, # 2 Attachment Non-Party Subpoena - G Ford)(Ormsby, Cindy) (Entered: 09/25/2015)

1 Attachment Non-Party Subpoena - E Haywood

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2 Attachment Non-Party Subpoena - G Ford

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Sept. 25, 2015

Sept. 25, 2015

RECAP
80

MOTION for Summary Judgment by Defendant Ferguson-Florissant School District. (Attachments: # 1 Text of Proposed Order)(Safarli, John) (Entered: 09/30/2015)

1 Text of Proposed Order

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Sept. 30, 2015

Sept. 30, 2015

RECAP
81

MEMORANDUM in Support of Motion re 80 MOTION for Summary Judgment filed by Defendant Ferguson-Florissant School District. (Safarli, John) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

RECAP
82

STATEMENT of Material Facts re 80 MOTION for Summary Judgment filed by Defendant Ferguson-Florissant School District. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit BB, # 28 Exhibit CC, # 29 Exhibit DD, # 30 Exhibit EE, # 31 Exhibit FF, # 32 Exhibit GG)(Safarli, John) (Entered: 09/30/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit N

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14 Exhibit O

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15 Exhibit P

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16 Exhibit Q

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17 Exhibit R

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18 Exhibit S

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19 Exhibit T

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20 Exhibit U

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21 Exhibit V

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22 Exhibit W

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23 Exhibit X

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24 Exhibit Y

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25 Exhibit Z

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26 Exhibit AA

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27 Exhibit BB

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28 Exhibit CC

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29 Exhibit DD

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30 Exhibit EE

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31 Exhibit FF

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32 Exhibit GG

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Sept. 30, 2015

Sept. 30, 2015

RECAP
83

MOTION for Summary Judgment by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Ebenstein, Julie) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

RECAP
84

MEMORANDUM in Support of Motion re 83 MOTION for Summary Judgment filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Ebenstein, Julie) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

RECAP
85

STATEMENT of Material Facts re 83 MOTION for Summary Judgment filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit A1 - Bailey Decl., # 2 Exhibit A2 - Erby Decl., # 3 Exhibit A3 - Graham Decl., # 4 Exhibit A4 - Henson Decl., # 5 Exhibit A5 - Hudson Decl., # 6 Exhibit A6 - Johnson Decl., # 7 Exhibit A7 - Pruitt Decl., # 8 Exhibit B1 - Cooper Rep., # 9 Exhibit B2 - Engstrom Rep., # 10 Exhibit B3 part 1 - Gordon Rep., # 11 Exhibit B3 part 2 - Gordon Rep., # 12 Exhibit B4 - Kimball Rep., # 13 Exhibit B5 part 1 - Rodden Rep., # 14 Exhibit B5 part 2 - Rodden Rep., # 15 Exhibit B6 - Cooper Rebuttal, # 16 Exhibit B7 - Engstrom Rebuttal, # 17 Exhibit B8 - Gordon Rebuttal, # 18 Exhibit B9 - Kimball Rebuttal, # 19 Exhibit B10 - Rodden/Chen Rebuttal re: Redistricting Proposal, # 20 Exhibit B11 - Rodden Rebuttal re: Bloc Voting, # 21 Exhibit B12 - Rodden Rebuttal re: Senate Factors, # 22 Exhibit C1 - Cooper Dep., # 23 Exhibit C2 - Engstrom Dep., # 24 Exhibit C3 - Gordon Dep., # 25 Exhibit C4 - Chen Dep., # 26 Exhibit C5 - Rodden Dep., # 27 Exhibit C6 - Kimball Dep., # 28 Exhibit D1 - Underlying Data for Rodden Fig. 8, # 29 Exhibit D2 - Rodden's Data Reformatted, # 30 Exhibit D3 - Top-Ranked Candidate Worksheet, # 31 Exhibit D4 - Point Estimate Worksheet, # 32 Exhibit D5 - Is Segregation the Problem, # 33 Exhibit E1 - Morris Dep., # 34 Exhibit E2 - Ebert Dep., # 35 Exhibit E3 - Brown Dep., # 36 Exhibit E4 - Paulette-Thurman Dep., # 37 Exhibit E5 - Graves Dep., # 38 Exhibit E6 - Hogshead Dep., # 39 Exhibit E7 - Schroeder Dep., # 40 Exhibit E8 - Chabot Dep., # 41 Exhibit E9 - Johnson Dep., # 42 Exhibit E10 - Green Dep., # 43 Exhibit F1 - FFSD Data Reported to Ofc. of Civil Rights, # 44 Exhibit F2 - Ofc. Civil Rights Website Data - FFSD, # 45 Exhibit F3 - 5/13/15 Board Mins., # 46 Exhibit F4 - 7/12/11 Board Mins., # 47 Exhibit F5 - 2011 FFSD Election Returns, # 48 Exhibit F6 - 2012 FFSD Election Returns, # 49 Exhibit F7 - 2014 FFSD Election Returns, # 50 Exhibit F8 - 2015 FFSD Election Returns, # 51 Exhibit F9 - 4/10/13 Board Mins., # 52 Exhibit F10 - Discipline of Students w/o Disabilities, # 53 Exhibit F11 - Discipline of Students w/ Disabilities, # 54 Exhibit F12 - 9/11/13 Board Mins., # 55 Exhibit F13 - 11/12/13 Board Letter, # 56 Exhibit F14 - 11/6/13 Board Mins., # 57 Exhibit F15 - 11/7/13 Board Letter, # 58 Exhibit F16 - 2/20/14 Board Mins., # 59 Exhibit F17 - MNEA 2011 Expenditures - Chabot, # 60 Exhibit F18 - MNEA 2014 Expenditures - Chabot, # 61 Exhibit F19 - FFNEA Flyer 2014)(Ebenstein, Julie) (Entered: 10/01/2015)

1 Exhibit A1 - Bailey Decl.

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2 Exhibit A2 - Erby Decl.

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3 Exhibit A3 - Graham Decl.

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4 Exhibit A4 - Henson Decl.

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5 Exhibit A5 - Hudson Decl.

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6 Exhibit A6 - Johnson Decl.

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7 Exhibit A7 - Pruitt Decl.

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8 Exhibit B1 - Cooper Rep.

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9 Exhibit B2 - Engstrom Rep.

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10 Exhibit B3 part 1 - Gordon Rep.

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11 Exhibit B3 part 2 - Gordon Rep.

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12 Exhibit B4 - Kimball Rep.

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13 Exhibit B5 part 1 - Rodden Rep.

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14 Exhibit B5 part 2 - Rodden Rep.

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15 Exhibit B6 - Cooper Rebuttal

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16 Exhibit B7 - Engstrom Rebuttal

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17 Exhibit B8 - Gordon Rebuttal

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18 Exhibit B9 - Kimball Rebuttal

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19 Exhibit B10 - Rodden/Chen Rebuttal re: Redistricting Proposal

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20 Exhibit B11 - Rodden Rebuttal re: Bloc Voting

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21 Exhibit B12 - Rodden Rebuttal re: Senate Factors

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22 Exhibit C1 - Cooper Dep.

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23 Exhibit C2 - Engstrom Dep.

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24 Exhibit C3 - Gordon Dep.

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25 Exhibit C4 - Chen Dep.

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26 Exhibit C5 - Rodden Dep.

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27 Exhibit C6 - Kimball Dep.

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28 Exhibit D1 - Underlying Data for Rodden Fig. 8

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29 Exhibit D2 - Rodden's Data Reformatted

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30 Exhibit D3 - Top-Ranked Candidate Worksheet

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31 Exhibit D4 - Point Estimate Worksheet

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32 Exhibit D5 - Is Segregation the Problem

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33 Exhibit E1 - Morris Dep.

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34 Exhibit E2 - Ebert Dep.

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35 Exhibit E3 - Brown Dep.

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36 Exhibit E4 - Paulette-Thurman Dep.

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37 Exhibit E5 - Graves Dep.

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38 Exhibit E6 - Hogshead Dep.

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39 Exhibit E7 - Schroeder Dep.

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40 Exhibit E8 - Chabot Dep.

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41 Exhibit E9 - Johnson Dep.

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42 Exhibit E10 - Green Dep.

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43 Exhibit F1 - FFSD Data Reported to Ofc. of Civil Rights

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44 Exhibit F2 - Ofc. Civil Rights Website Data - FFSD

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45 Exhibit F3 - 5/13/15 Board Mins.

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46 Exhibit F4 - 7/12/11 Board Mins.

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47 Exhibit F5 - 2011 FFSD Election Returns

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48 Exhibit F6 - 2012 FFSD Election Returns

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49 Exhibit F7 - 2014 FFSD Election Returns

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50 Exhibit F8 - 2015 FFSD Election Returns

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51 Exhibit F9 - 4/10/13 Board Mins.

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52 Exhibit F10 - Discipline of Students w/o Disabilities

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53 Exhibit F11 - Discipline of Students w/ Disabilities

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54 Exhibit F12 - 9/11/13 Board Mins.

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55 Exhibit F13 - 11/12/13 Board Letter

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56 Exhibit F14 - 11/6/13 Board Mins.

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57 Exhibit F15 - 11/7/13 Board Letter

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58 Exhibit F16 - 2/20/14 Board Mins.

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59 Exhibit F17 - MNEA 2011 Expenditures - Chabot

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60 Exhibit F18 - MNEA 2014 Expenditures - Chabot

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61 Exhibit F19 - FFNEA Flyer 2014

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Sept. 30, 2015

Sept. 30, 2015

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86

DECLARATION filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People re 85 Statement of Material Facts,,,,,,,,,,, Attorney Sophia Lin Lakin. (Attachments: # 1 Exhibit H1 - 11/13/13 Board Mins., # 2 Exhibit H2 - Video Links, # 3 Exhibit H3 - 12/11/13 Reg. Board Mins., # 4 Exhibit H4 - 12/11/13 Closed Board Mins., # 5 Exhibit H5 - 3/12/14 Board Mins.)(Lakin, Sophia) (Entered: 10/01/2015)

1 Exhibit H1 - 11/13/13 Board Mins.

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2 Exhibit H2 - Video Links

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3 Exhibit H3 - 12/11/13 Reg. Board Mins.

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4 Exhibit H4 - 12/11/13 Closed Board Mins.

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5 Exhibit H5 - 3/12/14 Board Mins.

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Sept. 30, 2015

Sept. 30, 2015

RECAP
87

DECLARATION filed by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People re 85 Statement of Material Facts,,,,,,,,,,, of Attorney Julie A. Ebenstein. (Attachments: # 1 Exhibit G1 - FFSD 2000 Election Returns, # 2 Exhibit G2 - FFSD 2001 Election Returns, # 3 Exhibit G3 - FFSD 2002 Election Returns, # 4 Exhibit G4 - FFSD 2003 Election Returns, # 5 Exhibit G5 - FFSD 2004 Election Returns, # 6 Exhibit G6 - FFSD 2006 Election Returns, # 7 Exhibit G7 - FFSD 2009 Election Returns, # 8 Exhibit G8 - FFSD 2013 Election Returns, # 9 Exhibit G9 - DOJ Investigation of Ferg. Police Dep't, # 10 Exhibit G10 - Election in Scarred Ferg., # 11 Exhibit G11 - Race, Reforms Eyed, # 12 Exhibit G12 - Surge in Voter Turnout, # 13 Exhibit G13 - Women, Blacks Seek Voting Rights, # 14 Exhibit G14 part 1 - Ferg. Comm'n Rep., # 15 Exhibit G14 part 2 - Ferg. Comm'n Rep., # 16 Exhibit G15 - DOJ Investigation of Family Court, # 17 Exhibit G16 part 1 - Public Safety - Municipal Courts, # 18 Exhibit G16 part 2 - Public Safety - Municipal Courts, # 19 Exhibit G17 - Racial Profiling Data 2014, # 20 Exhibit G18 - Kimball Endorsement Data - NCLC, # 21 Exhibit G19 - Video Link, # 22 Exhibit G20 - 12/19/13 Board Letter)(Ebenstein, Julie) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
88

MOTION for Hearing re 83 MOTION for Summary Judgment by Plaintiffs Doris Bailey, Redditt Hudson, F. Willis Johnson, Missouri State Conference of the National Association for the Advancement of Colored People. (Ebenstein, Julie) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

RECAP
89

ORDER: IT IS HEREBY ORDERED that the status conference in this matter is reset from 10:00 a.m. to 11:00 a.m. on October 13, 2015 in Courtroom 16-S.. Signed by District Judge Rodney W. Sippel on 10/6/15. (LGK) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 18, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Missouri State Conference of the National Association for the Advancement of Colored People and certain African American residents and registered voters of the Ferguson-Florissant School District.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

St. Louis County Board of Elections Commissioners (St. Louis), County

Ferguson-Florissant School District (St. Louis), School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Redistricting

Voting Process Changes

Order Duration: 2016 - None

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Redistricting/district composition

Vote dilution

Voting: General & Misc.

Voting: Physical/Effective Access