Case: Disability Rights Mississippi v. Fitch

3:23-cv-00350 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 31, 2023

Case Ongoing

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Case Summary

This is a case challenging a Mississippi law that prevented voters with disabilities from choosing someone of their choice to assist them while voting.  On May 31, 2023, Disability Rights Mississippi (the Mississippi protection and advocacy system), the League of Women Voters of Mississippi, a voter and two individuals who provide voter assistance filed a lawsuit and motion for preliminary injunction challenging Senate Bill 2358, a recently enacted law that restricted voters with disabilities f…

This is a case challenging a Mississippi law that prevented voters with disabilities from choosing someone of their choice to assist them while voting. 

On May 31, 2023, Disability Rights Mississippi (the Mississippi protection and advocacy system), the League of Women Voters of Mississippi, a voter and two individuals who provide voter assistance filed a lawsuit and motion for preliminary injunction challenging Senate Bill 2358, a recently enacted law that restricted voters with disabilities from having a person of their choice assist them in submitting their completed mail-in ballots. The lawsuit was filed in federal court in the southern district of Mississippi, against the state Attorney General, Secretary of State, and county attorneys in two counties.  Plaintiffs alleged that S.B. 2358 violated their rights under the Voting Rights Act Section 208 to their choice of voter assistor in all aspects of the voting process so long as the assistor was not the “the voter’s employer or agent of that employer or officer or agent of the voter’s union.” Plaintiffs sought an injunction to preliminarily and permanently block S.B. 2358. Plaintiffs were represented by the Southern Poverty Law Center, the ACLU, the Mississippi Center for Justice, and Disability Rights Mississippi.  The case was assigned to District Judge Henry T. Wingate and Magistrate Judge LaKeysha Greer Isaac.

On July 25, 2023, the court enjoined Defendants from applying Senate Bill 2358 in connection with the 2023 primary and/or general Mississippi elections. The court further enjoined Defendants from implementing or enforcing S.B. 2358 to the extent that it would prohibit voters who are disabled or blind or who have limited ability to read or write from receiving assistance from the person of their choice. 

On August 25, 2023, Defendants filed an appeal to the Court of Appeals for the Fifth Circuit (docket no. 23-60463). Before the Circuit Court could render an opinion, the Mississippi legislature amended S.B. 2358 through a new law, S.B. 2425. On August 14, 2024, the court dismissed the appeal for lack of subject matter jurisdiction in light of the amended law. The court vacated the district court's order and remanded for further proceedings. 

As of January 2025, there has been no further activity in the case.

Summary Authors

NDRN (9/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67457975/parties/disability-rights-mississippi-v-fitch/


Judge(s)
Attorney for Plaintiff

Henderson, Katherine W. (Mississippi)

Jones, Leslie Faith (Mississippi)

Martin, Greta K (Mississippi)

Attorney for Defendant

Gov, Gerald L. (Mississippi)

Gov, Douglas T. (Mississippi)

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Documents in the Clearinghouse

Document
2

3:23-cv-00350

Urgent and Necessitous Motion for Preliminary Injunction

May 31, 2023

May 31, 2023

Pleading / Motion / Brief
3

3:23-cv-00350

Memorandum of Law in Support of Plaintiffs' Urgent and Necessitous Motion for Preliminary Injunction

May 31, 2023

May 31, 2023

Pleading / Motion / Brief
1

3:23-cv-00350

Complaint

May 31, 2023

May 31, 2023

Complaint
22

3:23-cv-00350

Plaintiffs' Notice of Supplemental Authorities in Support of Plaintiffs' Motion for Preliminary Injunction

June 15, 2023

June 15, 2023

Pleading / Motion / Brief
27

3:23-cv-00350

Abbreviated Order Enjoining Mississippi Senate Bill 2358

Disability Rights Mississippi v. Fitch

July 25, 2023

July 25, 2023

Order/Opinion

684 F.Supp.3d 517

29

3:23-cv-00350

Notice of Appeal

Disability Rights Mississippi v. Fitch

Aug. 25, 2023

Aug. 25, 2023

Pleading / Motion / Brief
33

3:23-cv-00350

Unpublished Order

Disability Rights Mississippi v. Fitch

U.S. Court of Appeals for the Fifth Circuit

Aug. 14, 2024

Aug. 14, 2024

Order/Opinion

2024 WL 3843803

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67457975/disability-rights-mississippi-v-fitch/

Last updated Jan. 30, 2025, 10:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Elizabeth Ausbern, Lynn Fitch, Gerald A. Mumford, Michael D. Watson, Jr ( Filing fee $ 402 receipt number AMSSDC-5128442), filed by League of Women Voters of Mississippi, Mamie Cunningham, Yvonne Gunn, Disability Rights Mississippi, William Earl Whitley. (Attachments: # 1 Civil Cover Sheet)(LAT) (Entered: 05/31/2023)

1 Civil Cover Sheet

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May 31, 2023

May 31, 2023

Clearinghouse
2

MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Jones, Leslie Faith) (Main Document 2 replaced on 6/1/2023) (ND). (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

Clearinghouse
3

MEMORANDUM in Support re 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION filed by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit #1 Declaration of Mamie Cunningham, # 2 Exhibit #2 Declaration of Polly Tribble, # 3 Exhibit #3 Declaration of Yvonne Gunn, # 4 Exhibit #4 Declaration of William Earl Whitley, # 5 Exhibit #5 Declaration of Margaret Ciraldo)(Jones, Leslie Faith) (Main Document 3 replaced on 6/1/2023) (ND). (Entered: 05/31/2023)

1 Exhibit #1 Declaration of Mamie Cunningham

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2 Exhibit #2 Declaration of Polly Tribble

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3 Exhibit #3 Declaration of Yvonne Gunn

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4 Exhibit #4 Declaration of William Earl Whitley

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5 Exhibit #5 Declaration of Margaret Ciraldo

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May 31, 2023

May 31, 2023

Clearinghouse

DOCKET ANNOTATION as to # 2 . Document is missing the case number. Clerks Office will correct this filing error. (ND)

June 1, 2023

June 1, 2023

PACER

DOCKET ANNOTATION as to #3. Document is missing the case number. Clerks Office will correct this filing error. (ND)

June 1, 2023

June 1, 2023

PACER

DOCKET ANNOTATION as to # 3 . Document is missing the case number. Clerks Office will correct this filing error. (ND)

June 1, 2023

June 1, 2023

PACER
4

Summons Issued as to Elizabeth Ausbern, Lynn Fitch, Gerald A. Mumford, Michael D. Watson, Jr. (LAT) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

RECAP

NOTICE of Hearing on Motion 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION: Motion Hearing set for 6/13/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

June 1, 2023

June 1, 2023

PACER
5

NOTICE of Hearing by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley re 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION (Jones, Leslie Faith) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

RECAP
6

SUMMONS Returned Executed by League of Women Voters of Mississippi, Mamie Cunningham, Yvonne Gunn, Disability Rights Mississippi, William Earl Whitley. Lynn Fitch served on 6/1/2023, answer due 6/22/2023. (Jones, Leslie Faith) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP

DOCKET ANNOTATION as to # 9 and 10. Applications and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (ND)

June 2, 2023

June 2, 2023

PACER
7

SUMMONS Returned Executed by League of Women Voters of Mississippi, Mamie Cunningham, Yvonne Gunn, Disability Rights Mississippi, William Earl Whitley. Gerald A. Mumford served on 6/1/2023, answer due 6/22/2023. (Jones, Leslie Faith) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP
8

SUMMONS Returned Executed by League of Women Voters of Mississippi, Mamie Cunningham, Yvonne Gunn, Disability Rights Mississippi, William Earl Whitley. Michael D. Watson, Jr served on 6/1/2023, answer due 6/22/2023. (Jones, Leslie Faith) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP
9

MOTION for Bradley E. Heard to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5130014) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Jones, Leslie Faith) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP
10

MOTION for Ahmed Soussi to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5130029) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Jones, Leslie Faith) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

RECAP

DOCKET ANNOTATION as to # 9 and 10 . Applications and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (ND)

June 2, 2023

June 2, 2023

PACER
11

MOTION for Sabrina Khan to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5130124) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Letter of Good Standings)(Jones, Leslie Faith) (Entered: 06/02/2023)

1 Exhibit Letter of Good Standings

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June 2, 2023

June 2, 2023

RECAP

TEXT ONLY ORDER granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. That Attorneys Bradley E. Heard, Ahmed Soussi, and Sabrina Khan be admitted pro hac vice in this case on behalf of Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, and William Earl Whitley, in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/5/23 (NL)

June 5, 2023

June 5, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 5, 2023

June 5, 2023

PACER
12

MOTION for Ming Cheung to Appear Pro Hac Vice by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 06/06/2023)

1 Exhibit Certificate of Good Standings

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June 6, 2023

June 6, 2023

RECAP

Pro Hac Vice fee paid for Ming Cheung $ 100, receipt number AMSSDC-5132051. (LAT)

June 6, 2023

June 6, 2023

PACER
13

MOTION for Casey Smith to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5132617) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 06/06/2023)

1 Exhibit Certificate of Good Standings

View on RECAP

June 6, 2023

June 6, 2023

RECAP
14

SUMMONS Returned Executed by League of Women Voters of Mississippi, Mamie Cunningham, Yvonne Gunn, Disability Rights Mississippi, William Earl Whitley. Elizabeth Ausbern served on 6/1/2023, answer due 6/22/2023. (Jones, Leslie Faith) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

RECAP
15

MOTION for Claudia Williams-Hyman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5133289) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit A Certificate of Good Service)(Tom, Joshua) (Entered: 06/06/2023)

1 Exhibit A Certificate of Good Service

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June 6, 2023

June 6, 2023

RECAP
16

MOTION for Jess Unger to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5135161) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 06/09/2023)

1 Exhibit Certificate of Good Standings

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June 9, 2023

June 9, 2023

RECAP

TEXT ONLY ORDER granting 13 Motion to Appear Pro Hac Vice granting 15 Motion to Appear Pro Hac Vice granting 16 Motion to Appear Pro Hac Vice granting 12 Motion to Appear Pro Hac Vice. That Attorneys, Ming Cheung, Casey Smith, Claudia Williams-Hyman, and Jess Unge, be admitted pro hac vice in this case on behalf of Plaintiffs, DISABILITY RIGHTS MISSISSIPPI, THE LEAGUE OF WOMEN VOTERS OF MISSISSIPPI, WILLIAM EARL WHITLEY, MAMIE CUNNINGHAM, and YVONNE GUNN in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/9/23 (NL)

June 9, 2023

June 9, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 9, 2023

June 9, 2023

PACER

TEXT ONLY ORDER granting 13 Motion to Appear Pro Hac Vice; granting 15 Motion to Appear Pro Hac Vice; granting 16 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice. That Attorneys, Ming Cheung, Casey Smith, Claudia Williams-Hyman, and Jess Unge, be admitted pro hac vice in this case on behalf of Plaintiffs, DISABILITY RIGHTS MISSISSIPPI, THE LEAGUE OF WOMEN VOTERS OF MISSISSIPPI, WILLIAM EARL WHITLEY, MAMIE CUNNINGHAM, and YVONNE GUNN in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/9/23 (NL)

June 9, 2023

June 9, 2023

PACER
17

RESPONSE in Opposition re 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION filed by Lynn Fitch, Michael D. Watson, Jr (Miracle-State Gov, Douglas) (Entered: 06/10/2023)

June 10, 2023

June 10, 2023

RECAP
18

NOTICE of Appearance by Gerald L. Kucia on behalf of Lynn Fitch, Michael D. Watson, Jr (Kucia, Gerald) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

RECAP

DOCKET ANNOTATION as to 20: Incorrect linkage made. [REPLY to Response to Motion] should be linked to [ document 2, Motion URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION]. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (LAT)

June 12, 2023

June 12, 2023

PACER
19

NOTICE of Appearance by Douglas T. Miracle-State Gov on behalf of Lynn Fitch, Michael D. Watson, Jr (Miracle-State Gov, Douglas) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

RECAP
20

REPLY to Response to Motion re 17 Response in Opposition to 2 Motion URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION filed by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Jones, Leslie Faith) Modified on 6/12/2023 (LAT). (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

RECAP

DOCKET ANNOTATION as to # 20 : Incorrect linkage made. [REPLY to Response to Motion] should be linked to [ document 2, Motion URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION]. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (LAT)

June 12, 2023

June 12, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Motion Hearing held on 6/13/2023 re 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION filed by League of Women Voters of Mississippi, Yvonne Gunn, Mamie Cunningham, William Earl Whitley, Disability Rights Mississippi. The Court heard oral arguments from the parties. APPEARANCES: Ahmed Soussi, Bradley Heard, Casey Smith, Claudia Hyman, Joshua Tom, Leslie Faith, Ming Cheung, Robert McDuff and Sabrina Khan for Plaintiffs. Douglas Miracle and Gerald Kucia for Defendants. Also appearing, Defendant Gerald Mumford. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. (TDB)

June 13, 2023

June 13, 2023

PACER
21

NOTICE of Filing Supplemental Authority in Opposition to Plaintiffs' Motion for Preliminary Injunction by Lynn Fitch, Michael D. Watson, Jr re 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION (Attachments: # 1 Exhibit 1 - Supplemental Authority)(Miracle-State Gov, Douglas) (Entered: 06/15/2023)

1 Exhibit 1 - Supplemental Authority

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June 15, 2023

June 15, 2023

RECAP

DOCKET ANNOTATION as to 22. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (ND)

June 15, 2023

June 15, 2023

PACER
22

NOTICE of Filing Supplemental Authority in Support of 2 MOTION URGENT AND NECESSITOUS MOTION FOR PRELIMINARY INJUNCTION filed by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Jones, Leslie Faith) Modified on 6/15/2023 to correct docket text (ND). (Entered: 06/15/2023)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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June 15, 2023

June 15, 2023

Clearinghouse

DOCKET ANNOTATION as to # 22 . L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (ND)

June 15, 2023

June 15, 2023

PACER
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Motion for Preliminary Injunction, held on 6/13/2023 before Judge Henry Wingate. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. Tape Number: 06132023. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. 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 7/10/2023. Redacted Transcript Deadline set for 7/18/2023. Release of Transcript Restriction set for 9/15/2023. (FWJ) (Entered: 06/17/2023)

June 17, 2023

June 17, 2023

RECAP
24

MOTION for Ari J. Savitzky to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5142198) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 06/21/2023)

1 Exhibit Certificate of Good Standings

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June 21, 2023

June 21, 2023

RECAP
25

MOTION for Sophia Lin Lakin to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5142229) by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Attachments: # 1 Exhibit Certificate of Good Standings)(Jones, Leslie Faith) (Entered: 06/21/2023)

1 Exhibit Certificate of Good Standings

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June 21, 2023

June 21, 2023

RECAP

TEXT ONLY ORDER granting 24 Motion to Appear Pro Hac Vice granting 25 Motion to Appear Pro Hac Vice. That Attorneys Ari J. Savitzky and Sophia Lin Lakin be admitted pro hac vice in this case on behalf of Plaintiffs, Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley, in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/22/23 (NL)

June 22, 2023

June 22, 2023

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

June 22, 2023

June 22, 2023

PACER

TEXT ONLY ORDER granting 24 Motion to Appear Pro Hac Vice; granting 25 Motion to Appear Pro Hac Vice. That Attorneys Ari J. Savitzky and Sophia Lin Lakin be admitted pro hac vice in this case on behalf of Plaintiffs, Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley, in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/22/23 (NL)

June 22, 2023

June 22, 2023

PACER
26

ANSWER to 1 Complaint, by Lynn Fitch, Michael D. Watson, Jr.(Miracle-State Gov, Douglas) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

RECAP

Set Hearing: Status Conference set for 7/24/2023 03:00 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. This hearing will take place via Zoom. Email to follow with Zoom instructions. (TDB)

July 20, 2023

July 20, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 7/24/2023. The Court heard arguments from the parties. APPEARANCES VIA ZOOM: Ahmed Soussi, Bradley Heard, Casey Smith, Claudia Hyman, Greta Martin, Jess Unger, Joshua Tom, Leslie Jones, Ming Cheung, Sabrina Khan and Ari Savitzky for Plaintiffs. Douglas Miracle and Gerald Kucia for Defendants. Also appearing: Leigh Janous. Court Reporter/Transcriber Candice Crane, Telephone Number : 601-608-4187, E-mail : candice_crane@mssd.uscourts.gov. (TDB)

July 24, 2023

July 24, 2023

PACER
27

ABBREVIATED ORDER ENJOINING SENATE BILL 2358. Signed by District Judge Henry T. Wingate on 7/25/2023. (nd) (Main Document 27 replaced on 7/26/2023) (ND). (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

Clearinghouse
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 07/24/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Candice Crane, Telephone Number : 601-608-4187, E-mail : candice_crane@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. 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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (CC) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

RECAP
29

NOTICE OF APPEAL #23-60463 as to 27 Order on Motion for Miscellaneous Relief by Lynn Fitch, Michael D. Watson, Jr. Filing fee $ 505, receipt number AMSSDC-5197598. Appeal Record due by 8/25/2023 (Miracle-State Gov, Douglas) Modified on 8/31/2023 (LAT). (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

Clearinghouse
30

USCA letter/Case Number 23-60463 for 29 Notice of Appeal filed by Michael D. Watson, Jr., Lynn Fitch. (LAT) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

RECAP

Certified and Electronically Transmitted Record on Appeal to US Court of Appeals re 29 Notice of Appeal and waiting for acceptance re 29 Notice of Appeal. A separate docket entry will be made once the record is accepted and may then be requested by the parties. (LAT)

Aug. 31, 2023

Aug. 31, 2023

PACER

ELECTRONIC RECORD ON APPEAL 23-60463 ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. Pro Se Parties should request the record from the Clerks Office. (LAT)

Sept. 6, 2023

Sept. 6, 2023

PACER
31

TRANSCRIPT REQUEST by Lynn Fitch, Michael D. Watson, Jr for proceedings held on 06/13/2023 before Judge Honorable Henry T. Wingate, re 29 Notice of Appeal, Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. Transcript due by 9/21/2023 (Miracle-State Gov, Douglas) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

RECAP
32

ORDER of USCA in re 29 Notice of Appeal, filed by Michael D. Watson, Jr., Lynn Fitch. IT IS ORDERED that Appellants' motion to stay further proceedings in this court due to enactment of 2024 Senate Bill No. 2425 is GRANTED. IT IS FURTHER ORDERED that Appellants' motion to cancel oral argument is GRANTED. (Attachments: # 1 Cover Letter)(ND) (Entered: 05/08/2024)

1 Cover Letter

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May 8, 2024

May 8, 2024

RECAP
33

UNPUBLISHED COURT ORDER of USCA as to 29 Notice of Appeal #23-60463, filed by Michael D. Watson, Jr., Lynn Fitch. As both parties agree, Mississippi's passage of S.B. 2425 amending Miss. Code Ann. § 23-15-907 rendered this appeal moot. IT IS ORDERED that the Appellants' motion to dismiss the appeal for lack of subject matter jurisdiction is GRANTED. IT IS FURTHER ORDERED that Appellants' motion to vacate the district court's order and remand for further proceedings is GRANTED. (Attachments: # 1 Cover Letter)(LAT) Modified on 8/14/2024 (LAT). (Entered: 08/14/2024)

1 Cover Letter

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Aug. 14, 2024

Aug. 14, 2024

Clearinghouse
34

CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 29 Notice of Appeal, filed by Michael D. Watson, Jr., Lynn Fitch. IT IS FURTHER ORDERED that Appellants' motion to vacate the district court's order and remand for further proceedings is GRANTED. (Attachments: # 1 Cover Letter)(LAT) (Entered: 09/05/2024)

1 Cover Letter

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Sept. 5, 2024

Sept. 5, 2024

RECAP
35

MOTION to Withdraw as Attorney Casey Smith by Mamie Cunningham, Disability Rights Mississippi, Yvonne Gunn, League of Women Voters of Mississippi, William Earl Whitley (Tom, Joshua) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

RECAP

TEXT ONLY ORDER granting 35 Motion to Withdraw as Attorney. Attorney Casey Katharine Smith - PHV terminated. The ACLU of Mississippi, ACLU, Mississippi Center for Justice, and Southern Poverty Law Center will continue to represent Plaintiffs as counsel of record in this matter. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 9/12/24 (NL)

Sept. 12, 2024

Sept. 12, 2024

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Disability Rights

Election/Voting Rights

Key Dates

Filing Date: May 31, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

one non profit organization, one protection and advocacy system and two private individuals

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

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

Mississippi Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voter registration rules