Case: Mclemore v. Hosemann

COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY RELIEF against Phillip Gunn, Delbert Hosemann ( Filing fee $ 400 receipt number 0538-4000191), filed by Leslie-Burl McLemore, Charles Holmes, Roderick Woullard, Jimmie Robinson, Sr. (Attachments: # 1 Civil Cover Sheet)(KNS) (Entered: 05/30/2019)

1 Civil Cover Sheet

View on PACER

Summons Issued as to Phillip Gunn, Delbert Hosemann. (KNS) (Entered: 05/30/2019)

MOTION for Jacki Anderson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4000779) by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Client Information Sheet, # 2 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 05/30/2019)

1 Attachment Client Information Sheet

View on PACER

2 Exhibit A - Certificate of Good Standing

View on PACER

MOTION for Marc E. Elias to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4000806) by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Client Information Sheet, # 2 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 05/30/2019)

MOTION for Uzoma N. Nkwonta to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4000825) by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Client Information Sheet, # 2 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 05/30/2019)

MOTION for Daniel C. Osher to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4000838) by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Client Information Sheet, # 2 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 05/30/2019)

MOTION for K'Shaani O. Smith to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4000843) by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Client Information Sheet, # 2 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 05/30/2019)

MOTION for Preliminary Injunction by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Exhibit Ex 1, Riser Declaration, # 2 Exhibit Ex 2, MS Encyclopedia article on segregation, # 3 Exhibit Ex 3, Mabry article on Black disfranchisement, # 4 Exhibit Ex. 4, Elections Committee proceedings, 1890 Const Convention, # 5 Exhibit Ex. 5, McDonald article on majority vote requirements, # 6 Exhibit Ex. 6, Morton article on majority vote requirements, # 7 Exhibit Ex 7, Rodden declaration, # 8 Exhibit Ex 8, 2015 election results, # 9 Exhibit Ex 9, Article on MS educ inequity, # 10 Exhibit Ex 10, Tuskegee report on lynching, # 11 Exhibit Ex 11, USA Today article on McDaniel statements, # 12 Exhibit Ex 12, DJ article on Hyde-Smith statements, # 13 Exhibit Ex 13, The Hill article on statement about Espy, # 14 Exhibit Ex 14, AP article on minority presence in legislatures, # 15 Exhibit Ex 15, CL article on Black elected officials in MS)(McDuff, Robert) (Entered: 05/30/2019)

1 Exhibit Ex 1, Riser Declaration

View on RECAP

2 Exhibit Ex 2, MS Encyclopedia article on segregation

View on RECAP

3 Exhibit Ex 3, Mabry article on Black disfranchisement

View on RECAP

4 Exhibit Ex. 4, Elections Committee proceedings, 1890 Const Convention

View on RECAP

5 Exhibit Ex. 5, McDonald article on majority vote requirements

View on RECAP

6 Exhibit Ex. 6, Morton article on majority vote requirements

View on RECAP

7 Exhibit Ex 7, Rodden declaration

View on RECAP

8 Exhibit Ex 8, 2015 election results

View on RECAP

9 Exhibit Ex 9, Article on MS educ inequity

View on RECAP

10 Exhibit Ex 10, Tuskegee report on lynching

View on RECAP

11 Exhibit Ex 11, USA Today article on McDaniel statements

View on RECAP

12 Exhibit Ex 12, DJ article on Hyde-Smith statements

View on RECAP

13 Exhibit Ex 13, The Hill article on statement about Espy

View on RECAP

14 Exhibit Ex 14, AP article on minority presence in legislatures

View on RECAP

15 Exhibit Ex 15, CL article on Black elected officials in MS

View on RECAP

MEMORANDUM in Support re 8 MOTION for Preliminary Injunction filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (McDuff, Robert) (Entered: 05/30/2019)

SUMMONS Returned Executed by Leslie-Burl McLemore, Charles Holmes, Roderick Woullard, Jimmie Robinson, Sr. Delbert Hosemann served on 5/30/2019, answer due 6/20/2019. (McDuff, Robert) (Entered: 05/31/2019)

SUMMONS Returned Executed by Leslie-Burl McLemore, Charles Holmes, Roderick Woullard, Jimmie Robinson, Sr. Phillip Gunn served on 5/30/2019, answer due 6/20/2019. (McDuff, Robert) (Entered: 05/31/2019)

Order on Motion to Appear Pro Hac Vice

TEXT-ONLY ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice; granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice. That Jacki Anderson, Marc E. Elias, Uzoma N. Nkwonta, Daniel C. Osher and K'Shaani O. Smith be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 6/10/2019. (JEJ)

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 8 MOTION for Preliminary Injunction by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 06/18/2019)

RESPONSE to Motion re 12 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 8 MOTION for Preliminary Injunction filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Nkwonta - PHV, Uzoma) (Entered: 06/19/2019)

NOTICE of Appearance by Cody C. Bailey on behalf of Phillip Gunn, Delbert Hosemann (Bailey, Cody) (Entered: 06/19/2019)

NOTICE of Appearance by Jacob A. Bradley on behalf of Phillip Gunn, Delbert Hosemann (Bradley, Jacob) (Entered: 06/19/2019)

NOTICE of Appearance by Beth L. Orlansky on behalf of All Plaintiffs (Orlansky, Beth) (Entered: 06/20/2019)

ORDER granting in part 12 Motion for Extension of Time to File Response/Reply as to 1 Complaint and 8 Motion for Preliminary Injunction as set out in the Order. Defendants are hereby ordered to file their response to the complaint by July 15, 2019, and their response to the preliminary-injunction motion by July 29, 2019. Signed by Chief District Judge Daniel P. Jordan III on June 20, 2019. (SP) (Entered: 06/20/2019)

MOTION to Dismiss for Lack of Jurisdiction and Immunity by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 07/15/2019)

MEMORANDUM in Support re 18 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 07/15/2019)

Order Staying Discovery

TEXT-ONLY ORDER STAYING DISCOVERY pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on the Motion to Dismiss for Lack of Jurisdiction and Immunity at docket no. 18 . No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 7/16/2019. (JEJ)

Unopposed MOTION for Extension of Time to File Response/Reply Joint Motion for Defendants' Rebuttal in Support of Motion to Dismiss and Plaintiffs' Rebuttal in Support of Motion for Preliminary Injunction by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 07/29/2019)

Unopposed MOTION for Extension of Time to File Joint Motion for Extension of Time for Defendants' Rebuttal in Support of 18 Motion to Dismiss and Plaintiffs' Rebuttal in Support of 8 Motion for Preliminary Injunction by Phillip Gunn, Delbert Hosemann (Jones, William Trey) Modified on 7/29/2019 (KNS). (Entered: 07/29/2019)

Docket Annotation

DOCKET ANNOTATION as to 20 : Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. 21 . (KNS)

DOCKET ANNOTATION as to # 21 : All related filings to motions should be linked back to the original motion. Court staff has made the correction. (KNS)

Response in Opposition re 8 MOTION for Preliminary Injunction by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Exhibit Ex 1, Riser Declaration, # 2 Exhibit Ex 2, MS Encyclopedia article on segregation, # 3 Exhibit Ex 3, Mabry article on Black disfranchisement, # 4 Exhibit Ex. 4, Elections Committee proceedings, 1890 Const Convention, # 5 Exhibit Ex. 5, McDonald article on majority vote requirements, # 6 Exhibit Ex. 6, Morton article on majority vote requirements, # 7 Exhibit Ex 7, Rodden declaration, # 8 Exhibit Ex 8, 2015 election results, # 9 Exhibit Ex 9, Article on MS educ inequity, # 10 Exhibit Ex 10, Tuskegee report on lynching, # 11 Exhibit Ex 11, USA Today article on McDaniel statements, # 12 Exhibit Ex 12, DJ article on Hyde-Smith statements, # 13 Exhibit Ex 13, The Hill article on statement about Espy, # 14 Exhibit Ex 14, AP article on minority presence in legislatures, # 15 Exhibit Ex 15, CL article on Black elected officials in MS)(McDuff, Robert) filed by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 07/29/2019)

MEMORANDUM IN SUPPORT re 22 Response in Opposition to 8 Motion for Preliminary Injunction filed by Phillip Gunn, Delbert Hosemann (Jones, William Trey) Modified on 7/30/2019 (KNS). (Entered: 07/29/2019)

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Nkwonta - PHV, Uzoma) (Entered: 07/29/2019)

MEMORANDUM IN SUPPORT re 24 Response in Opposition to 18 Motion to Dismiss filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Nkwonta - PHV, Uzoma) Modified on 7/30/2019 (KNS). (Entered: 07/29/2019)

AMENDED COMPLAINT against All Defendants, filed by Leslie-Burl McLemore, Charles Holmes, Roderick Woullard, Jimmie Robinson, Sr.(Nkwonta - PHV, Uzoma) (Entered: 07/29/2019)

DOCKET ANNOTATION as to # 23 : Memorandum should be linked to Motion. 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. (KNS)

Docket Annotation

DOCKET ANNOTATION as to # 25 : Memorandum should be linked to Motion to Dismiss. 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. (KNS)

Order on Motion for Extension of Time to File

TEXT ONLY ORDER granting 21 Joint Motion for Extension of Time to File Defendants' Rebuttal in Support of Motion to Dismiss 18 and Plaintiffs' Rebuttal in Support of Motion for Preliminary Injunction 8 . Rebuttals are due August 12, 2019. No further written order will issue. Signed by Chief District Judge Daniel P. Jordan III on 7/30/2019 (JB)

Order Staying Discovery

***ERROR*** PLEASE DISREGARD THIS ENTRY. TEXT-ONLY ORDER STAYING DISCOVERY pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on the Motion to Dismiss for Lack of Jurisdiction and Immunity [docket no. 18.] No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/5/2019. (JEJ) Modified on 8/5/2019 (JEJ).

Docket Annotation

DOCKET ANNOTATION as to Text-Only Order Staying Discovery entered 8/5/2019. Please disregard this order. Entered in error. (JEJ)

Order on Motion to Dismiss/Lack of Jurisdiction

TEXT ONLY ORDER finding as moot 18 Motion to Dismiss for Lack of Jurisdiction. Because Plaintiffs amended their original complaint, Motion 18 no longer addresses the operative complaint. No further written order will issue. Signed by Chief District Judge Daniel P. Jordan III on 8/12/2019. (JB)

MOTION to Dismiss 26 Amended Complaint for Lack of Jurisdiction and Immunity by Phillip Gunn, Delbert Hosemann (Jones, William Trey) Modified on 8/12/2019 (KNS). (Entered: 08/12/2019)

Docket Annotation

MEMORANDUM IN SUPPORT of 27 Motion to Dismiss re 26 Amended Complaint filed by Phillip Gunn, Delbert Hosemann (Jones, William Trey) Modified on 8/12/2019 (KNS). (Entered: 08/12/2019)

DOCKET ANNOTATION as to 26 and 28 : Court staff has linked the correct documents. (KNS)

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Exhibit 1 - Mississippi House Journal Entry (Jan. 4, 2000))(Nkwonta - PHV, Uzoma) (Entered: 08/12/2019)

1 Exhibit 1 - Mississippi House Journal Entry (Jan. 4, 2000)

View on PACER

RESPONSE in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Nkwonta - PHV, Uzoma) (Entered: 08/19/2019)

MEMORANDUM IN OPPOSITION re 27 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Exhibit 1 - Mississippi House Journal Entry (Jan. 4, 2000))(Nkwonta - PHV, Uzoma) (Entered: 08/19/2019)

1 Exhibit 1 - Mississippi House Journal Entry (Jan. 4, 2000)

View on PACER

MOTION for Leave to File Excess Pages by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 08/21/2019)

Order on Motion for Leave to File Excess Pages

TEXT-ONLY ORDER granting 32 Motion for Leave to File Excess Pages. Defendants have requested a seven-page enlargement of the page-limit restriction. Although the request is opposed, the Court concludes that this minimal extension will assist the Court and should therefore be granted. No further written order shall issue. Signed by Chief District Judge Daniel P. Jordan III on August 22, 2019. (DI)

Order Staying Discovery

TEXT-ONLY ORDER STAYING DISCOVERY pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on the Motion to Dismiss 26 Amended Complaint for Lack of Jurisdiction and Immunity, at docket no. 27 . No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 8/22/2019. (JEJ)

Rebuttal re 27 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Phillip Gunn, Delbert Hosemann (Jones, William Trey) (Entered: 08/26/2019)

Set Motion and R&R Deadlines/Hearings

Set/Reset Oral Argument re 8 Motion for Preliminary Injunction set for October 11, 2019 at 9:00 AM in Courtroom 5A (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP)

Motion Hearing

Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan, III: Motion Hearing held on October 11, 2019 MOTION to Dismiss for Lack of Jurisdiction and Immunity filed by Delbert Hosemann, Phillip Gunn, 8 MOTION for Preliminary Injunction filed by Leslie-Burl McLemore, Roderick Woullard, Charles Holmes, Jimmie Robinson, Sr. APPEARANCES: Uzoma Nkwonta, Robert McDuff, Jacki Anderson and Daniel Osher (Plaintiff's counsel); William Trey Jones, III, Cody Bailey, and Jacob Bradley (Defense counsel). The Court took the motions under advisement. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432. (TRS)

ORDER denying 8 Motion for Preliminary Injunction as set out in the Order. Signed by Chief District Judge Daniel P. Jordan III on November 1, 2019. (SP) (Entered: 11/01/2019)

Set/Reset Hearings

Set/Reset Hearings: Telephone Conference set for November 15, 2019 at 11:00 AM before Chief District Judge Daniel P. Jordan III. The parties have been emailed the Court's call-in information. (SP)

Telephone Conference

Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Telephone Conference held on November 15, 2019. PARTICIPATING: Robert B. McDuff, Uzoma Nkwonta, and Beth Orlansky, counsel for Plaintiffs; and William Trey Jones III, Cody C. Bailey, and Jacob A. Bradley, counsel for Defendants. (SP)

Set/Reset Hearings

Set/Reset Hearings: In-Chambers Status Conference set for December 12, 2019 at 3:30 PM in Chambers 5.750 (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP)

In Chambers Conference

Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: In Chambers Conference held on December 12, 2019. (SP)

ORDER STAYING CASE as set forth in the Order. Signed by Chief District Judge Daniel P. Jordan III on December 13, 2019. (DI) (Entered: 12/13/2019)

MOTION to Withdraw as Attorney Jacki Anderson and K'Shaani Smith by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard (Attachments: # 1 Attachment Proposed Order)(Nkwonta - PHV, Uzoma) (Entered: 09/11/2020)

DOCKET ANNOTATION as to # 36 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl)

Docket Annotation

TEXT-ONLY ORDER granting 36 Motion to Withdraw as Attorney. Attorneys Jacki Anderson - PHV and K'Shaani O. Smith - PHV terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 9/14/2020. (dcw)

Order on Motion to Withdraw as Attorney

NOTICE of Voluntary Dismissal by Charles Holmes, Leslie-Burl McLemore, Jimmie Robinson, Sr, Roderick Woullard, Brenda Booth, Jordan Malone, Tyler Yarbrough (Elias - PHV, Marc) (Entered: 12/10/2020)