Case: National Association for the Advancement of Colored People v. Reeves

COMPLAINT for Declaratory and Injunctive Relief against Lynn Fitch, Bo Luckey, Michael K. Randolph, Tate Reeves, and Sean Tindell ( Filing fee $ 402 paid; receipt number AMSSDC-5100264 ), filed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, and Jackson City Branch of the NAACP. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 04/24/2023)

1 Civil Cover Sheet

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Summons Issued as to Lynn Fitch, Bo Luckey, Michael K. Randolph, Tate Reeves, and Sean Tindell. (ND) (Entered: 04/24/2023)

Corporate Disclosure Statement by Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People (Rhodes, Carroll) (Entered: 04/24/2023)

NOTICE of Appearance by Mark A. Nelson on behalf of Michael K. Randolph (Nelson, Mark) (Entered: 04/27/2023)

NOTICE of Appearance by Ned Andrew Nelson on behalf of Michael K. Randolph (Nelson, Ned) (Entered: 04/27/2023)

SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Tate Reeves served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll) (Entered: 04/27/2023)

SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Michael K. Randolph served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll) (Entered: 04/27/2023)

SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Sean Tindell served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll) (Entered: 04/27/2023)

SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Lynn Fitch served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll) (Entered: 04/27/2023)

SUMMONS Returned Executed by Charles Taylor, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Frank Figgers, Nsombi Lambright-Haynes, Charles Jones, National Association for the Advancement of Colored People, Markyel Pittman, Jackson City Branch of the NAACP. Bo Luckey served on 4/26/2023, answer due 5/17/2023. (Rhodes, Carroll) (Entered: 04/27/2023)

MOTION for Temporary Restraining Order by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Rhodes, Carroll) (Entered: 04/28/2023)

MEMORANDUM in Support re 11 MOTION for Temporary Restraining Order filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-HB 1020 as signed by the Governor and history, # 2 Exhibit 2-Declaration of Charles Taylor with attachments, # 3 Exhibit 3-Declaration of Frank Figgers, # 4 Exhibit 4-Declaration of Nsombi Lambright-Haynes)(Rhodes, Carroll) (Entered: 04/28/2023)

1 Exhibit 1-HB 1020 as signed by the Governor and history

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2 Exhibit 2-Declaration of Charles Taylor with attachments

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3 Exhibit 3-Declaration of Frank Figgers

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4 Exhibit 4-Declaration of Nsombi Lambright-Haynes

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NOTICE of Discovery of Error in Filing by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor re 11 MOTION for Temporary Restraining Order, 12 Memorandum in Support of Motion,, (Rhodes, Carroll) (Entered: 04/29/2023)

Set Hearing: Telephone Conference set for 5/1/2023 11:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. Email to follow with dial instructions. (TDB)

TEXT ONLY ORDER. This day, 5/1/2023, at 10:27 am, this court sent via electronic mail to the only two identified counsels of record in the above-styled and numbered cause, the following: "Good Morning: Judge Wingate has set a telephonic status conference in this matter for this morning at 11:30 am. The ECF docket shows that the defendants were served last week; however, the only Entry of Appearance, as shown, is the Nelson Law Firm, on behalf of Justice Randolph. Judge Wingate has requested that you please alert this court of the identities of the remaining defendants' attorneys, if such have been verified. Thank you." NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/1/2023 (nd)

TEXT ONLY ORDER. On April 29, 2023, a Saturday afternoon, at 6:54 PM, Counsel for Plaintiffs, Carroll Rhodes, filed on ECF a Notice of Discovery of Error in Filing, stating that Plaintiffs' counsel attached Exhibits in support of Plaintiffs Necessitous and Urgent Motion for a Temporary Restraining Order to the Memorandum in Support of that Motion, instead of to the Motion itself, as required by Local Uniform Civil Rule 7(b)(2). After identifying this error, Attorney Rhodes said in the Notice that he would contact the Clerk of Court as soon as the court's offices open on Monday, May 1, 2023, to seek guidance on correcting his error. This court finds that Counsel need not refile his Exhibits. Plaintiffs' Exhibits, [12-1 through 12-4], hereby are construed as properly filed. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/1/2023 (nd)

Order

NOTICE OF TIME CHANGE: Reset Hearing: The time for the 5/1/2023 Telephonic Conference has been being reset to 12:00 PM in Courtroom 6A (Jackson) before District Judge Henry T. Wingate. Parties are to use the same dial-in instructions. The original set time was 11:30 am; however, counsel for Defendant Randolph, namely, Nelson Law Firm, PLLC, informed this court by telephone at approximately 11:00 am, that the Firm currently was traveling by automobile to Jackson, Mississippi, and because of this circumstance, the Firm would not be able to participate in the scheduled telephonic conference until 12:00 pm on this date. This court approved the time change. (TDB) Modified on 5/1/2023 (nd).

Set/Reset Hearings

Minute Entry for proceedings held before District Judge Henry T. Wingate: Telephone Conference held on 5/1/2023.This date, May 1, 2023, at 12:00 noon, this court began a status conference in the above-styled and numbered cause on Plaintiffs' motion for emergency injunctive relief. Present on the telephone call were: counsel for Plaintiffs ( National Association for Advancement of Colored People, Mississippi State Conference of the National Association for the Advancement of Colored People, Jackson City Branch of NAACP, Derrick Johnson, Frank Friggers, Charles Taylor, Markyel Pittman, Charles Jones and Nsombi Lambright-Haynes;) Carroll Rhodes, counsel for Defendants (Chief Justice Randolph;) Mark Nelson, (Tate Reeves, Sean Tindell, Bo Luckey and Lynn Finch) Rex Shannon and Gerald Kucia. After the Court heard from counsel during this court-reported hearing, this court was advised that Justice Randolph is seeking excusal from this lawsuit by virtue of absolute judicial immunity, to which Plaintiffs' counsel objects. Since this a jurisdictional issue, this court needs to address that issue immediately and prior to any resolution on the Temporary Restraining Order. Therefore, this court will do just that. The Court will hear the arguments from counsel on the matter of Chief Justice Randolph's absolute judicial immunity claim at 9:30 a.m., Friday morning, May 5, 2023, and arguments on the Temporary Restraining Order, thereafter, at 1:30 p.m. that same Friday. Counsel for Defendants has requested until Thursday, May 4, 2023, of this week, to submit his brief of opposition to Plaintiffs' Motion for Temporary Restraining Order. Plaintiffs' counsel expects to receive the brief in support of absolute judicial immunity for Chief Justice Randolph on that same Thursday and Plaintiff counsel said that he can have his response submitted by Friday morning, May 5, 2023. Again, this court is setting arguments on Chief Justice Randolph's motion for Friday, May 5, 2023, at 9:30 o'clock a.m. If this court needs additional time beyond Friday afternoon, on the matters above-described, this court is directing all counsel to be available for continuance of hearing on Saturday morning, May 6, 2023, at 9:30 o'clock a.m. until the issues are resolved. Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. (TDB) Modified on 5/2/2023 (nd).

Telephone Conference

NOTICE OF HEARING re: Absolute Judicial Immunity Issue set for 5/5/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Notice of Hearing

NOTICE OF HEARING ON MOTION 11 Motion for Temporary Restraining Order :Motion Hearing set for 5/5/2023 01:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Notice of Hearing on Motion

Pro Hac Vice fee paid for Joseph Schottenfeld receipt number AMSSDC-5107085 $ 100 (Rhodes, Carroll)

Pro Hac Vice fee paid(credit card)

Pro Hac Vice fee paid

MOTION for Joseph Schottenfeld to Appear Pro Hac Vice fee already paid by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-Application for Pro Hac Vice for Joseph Schottenfeld, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/02/2023)

1 Exhibit 1-Application for Pro Hac Vice for Joseph Schottenfeld

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2 Exhibit 2-Certificate of Good Standing

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TEXT ONLY ORDER granting 14 Motion for Attorney Joseph Schottenfeld to Appear Pro Hac Vice on behalf of the Plaintiffs: Frank Figgers; Jackson City Branch of the NAACP; Derrick Johnson; Charles Jones; Nsombi Lambright-Haynes; Mississippi State Conference of the National Association for the Advancement of Colored People; National Association for the Advancement of Colored People; Markyel Pittman; and Charles Taylor. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/3/2023 (nd)

Order on Motion to Appear Pro Hac Vice

MOTION for Megan Crowley to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108513) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1Application for Pro Hac Vice Megan Crowley, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/03/2023)

1 Exhibit 1Application for Pro Hac Vice Megan Crowley

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2 Exhibit 2-Certificate of Good Standing

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MOTION for Gary Guzy to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108534) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-Application for Pro Hac Vice for Gary Guzy, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/03/2023)

1 Exhibit 1-Application for Pro Hac Vice for Gary Guzy

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2 Exhibit 2-Certificate of Good Standing

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MOTION for Mark Lynch to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108555) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-Application for Pro Hac Vice for Mark Lynch, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/03/2023)

1 Exhibit 1-Application for Pro Hac Vice for Mark Lynch

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2 Exhibit 2-Certificate of Good Standing

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MOTION for Brenden Cline to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5108567) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-Application for Pro Hac Vice Brenden Cline, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/03/2023)

1 Exhibit 1-Application for Pro Hac Vice Brenden Cline

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2 Exhibit 2-Certificate of Good Standing

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TEXT ONLY ORDER granting 15 Attorney Megan Crowley's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)

TEXT ONLY ORDER granting 16 Attorney Gary Guzy's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)

TEXT ONLY ORDER granting 17 Attorney Mark Lynch's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)

TEXT ONLY ORDER granting 18 Attorney Brenden Cline's Motion to Appear Pro Hac Vice on behalf of Plaintiff NAACP. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/4/2023 (nd)

Order on Motion to Appear Pro Hac Vice

Terminate Deadlines and Hearings

MOTION to Dismiss by Michael K. Randolph (Nelson, Ned) (Entered: 05/04/2023)

MEMORANDUM in Support re 19 MOTION to Dismiss filed by Michael K. Randolph (Nelson, Ned) (Entered: 05/04/2023)

NOTICE Regarding Filing re 19 MOTION to Dismiss, 20 MEMORANDUM in Support re MOTION to Dismiss by Michael K. Randolph (Attachments: # 1 Exhibit Preliminary Injunction Temporarily Restraining Effectuation of Provisions of House Bill 1020)(Nelson, Ned) Modified on 5/4/2023 (LAT). (Entered: 05/04/2023)

1 Exhibit Preliminary Injunction Temporarily Restraining Effectuation of Provision

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ORDER Signed by District Judge Henry T. Wingate on 5/4/2023 (nd) (Entered: 05/04/2023)

***Deadlines/Hearings terminated. The 5/5/2023 motion hearings are cancelled pursuant to the 5/4/2023 Order (Docket No. 22) and shall be reset for a later date and time. (TDB)

NOTICE of Filings in State Court by Michael K. Randolph (Attachments: # 1 Exhibit Memorandum Opinion of State Court, # 2 Exhibit Judgment of State Court)(Nelson, Mark) (Entered: 05/11/2023)

1 Exhibit Memorandum Opinion of State Court

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2 Exhibit Judgment of State Court

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Second MOTION for Temporary Restraining Order by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit A - Declaration of Carroll Rhodes, # 2 Proposed Order)(Lynch - PHV, Mark) (Entered: 05/11/2023)

1 Exhibit A - Declaration of Carroll Rhodes

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2 Proposed Order

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RESPONSE in Opposition re 19 MOTION to Dismiss filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit A - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 45, # 2 Exhibit B - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 29, # 3 Exhibit C - Transcript of Teleconference, May 1, 2023)(Lynch - PHV, Mark) (Entered: 05/11/2023)

1 Exhibit A - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 45

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2 Exhibit B - Saunders v. State of Mississippi, 23-cv-00421, Dkt. 29

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3 Exhibit C - Transcript of Teleconference, May 1, 2023

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Notice of Hearing on Motion

ORDER re 24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Markyel Pittman, Jackson City Branch of the NAACP, National Association for the Advancement of Colored People, Charles Jones, Charles Taylor, Nsombi Lambright-Haynes. Signed by District Judge Henry T. Wingate on 5/12/2023 (nd)

NOTICE OF HEARING on Motion 24 Second Motion for Temporary Restraining Order : Motion Hearing set for 5/22/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

MOTION for Hearing re 19 MOTION to Dismiss by Michael K. Randolph (Nelson, Mark) (Entered: 05/12/2023)

NOTICE of Appearance by Rex M. Shannon-State Gov, III on behalf of Lynn Fitch (Shannon-State Gov, Rex) (Entered: 05/15/2023)

NOTICE of Appearance by Gerald L. Kucia on behalf of Lynn Fitch (Kucia, Gerald) (Entered: 05/15/2023)

RESPONSE in Support re 27 MOTION for Hearing re 19 MOTION to Dismiss filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Rhodes, Carroll) (Entered: 05/16/2023)

MOTION to Dismiss for Lack of Jurisdiction by Tate Reeves (Attachments: # 1 Exhibit A - 2023 H.B. 1020, # 2 Exhibit B - 2023 S.B. 2343)(Shannon-State Gov, Rex) (Entered: 05/17/2023)

1 Exhibit A - 2023 H.B. 1020

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2 Exhibit B - 2023 S.B. 2343

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MEMORANDUM in Support re 31 MOTION to Dismiss for Lack of Jurisdiction filed by Tate Reeves (Shannon-State Gov, Rex) (Entered: 05/17/2023)

Separate ANSWER to 1 Complaint,, by Lynn Fitch, Bo Luckey, Sean Tindell.(Shannon-State Gov, Rex) (Entered: 05/17/2023)

RESPONSE in Opposition re 24 Second MOTION for Temporary Restraining Order filed by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: # 1 Exhibit 1 - HB 1020 Legislative Record, # 2 Exhibit 2 - Hinds Chancery Mem. Op., # 3 Exhibit 3 - Hinds Chancery Final Jmt., # 4 Exhibit 4 - News Reports 1 of 2, # 5 Exhibit 5 - News Reports 2 of 2, # 6 Exhibit 6 - MSSC News Release)(Shannon-State Gov, Rex) (Entered: 05/19/2023)

REPLY to Response to Motion re 25 Response in Opposition to Motion,, 19 MOTION to Dismiss filed by Michael K. Randolph (Nelson, Mark) (Entered: 05/19/2023)

ORDER STAYING ATTORNEY CONFERENCE, DISCLOSURE REQUIREMENTS, AND ALL DISCOVERY PURSUANT TO L.U.Civ.R. 16(b)(3)- IT IS, THEREFORE, ORDERED AND ADJUDGED that pursuant to L.U.Civ.R. 16(b)(3), and until any subsequent order of this Court to the contrary, the attorney conference, initial disclosure requirements, and any and all discovery in this matter are hereby STAYED pending the Courts ruling on the aforementioned motion [ECF #31], including the outcome of any appeal. Signed by District Judge Henry T. Wingate on 5/19/23 (LAT) (Entered: 05/19/2023)

REPLY to Response to Motion re 24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) (Entered: 05/19/2023)

Motion Hearing

Minute Entry for proceedings held before District Judge Henry T. Wingate: Motion Hearing held on 5/22/2023 re 24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Markyel Pittman, Jackson City Branch of the NAACP, National Association for the Advancement of Colored People, Charles Jones, Charles Taylor, Nsombi Lambright-Haynes. APPEARANCES: Carrol Rhodes, Gary Guzy and Joseph Schottenfeld for Plaintiffs. Rex Shannon and Gerald Kucia on behalf of Defendants Tate Reeves, Sean Tindell, Lynn Fitch and Bo Luckey. Ned Nelson and Mark Nelson on behalf of Chief Justice Michael Randolph. Also appearing: Chief Justice Michael K. Randolph. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)

Minute Entry for proceedings held before District Judge Henry T. Wingate: Motions Hearing held on 5/22/2023 re 19 MOTION to Dismiss filed by Defendant Chief Justice Michael K. Randolph and 24 Second MOTION for Temporary Restraining Order filed by Frank Figgers, Mississippi State Conference of the National Association for the Advancement of Colored People, Derrick Johnson, Markyel Pittman, Jackson City Branch of the NAACP, National Association for the Advancement of Colored People, Charles Jones, Charles Taylor, Nsombi Lambright-Haynes. APPEARANCES: Carrol Rhodes, Gary Guzy and Joseph Schottenfeld for Plaintiffs. Rex Shannon and Gerald Kucia on behalf of Defendants Tate Reeves, Sean Tindell, Lynn Fitch and Bo Luckey. Ned Nelson and Mark Nelson on behalf of Chief Justice Michael Randolph. Also appearing: Chief Justice Michael K. Randolph. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB) Modified on 5/23/2023 (nd).

Order on Motion for Hearing

TEXT ONLY ORDER. On May 22, 2023, this Court heard oral arguments from the parties re: the Motion to Dismiss filed by Defendant Hon. Michael K. Randolph, in his official capacity as Chief Justice of the Mississippi Supreme Court. Accordingly, this Court dismisses 27 Defendant's Motion for Hearing as MOOT at this juncture. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 5/23/2023 (nd)

ORDER. Signed by District Judge Henry T. Wingate on 5/23/2023 (nd) (Entered: 05/23/2023)

***ERROR***DISREGARD THIS ENTRY.***MOTION for Preliminary Injunction Re Appointment of Judges by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) Modified on 5/25/2023 (LAT). (Entered: 05/24/2023)

MOTION for Preliminary Injunction Re Appointment of Judges by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1 - Second Declaration of Charles Taylor w atts, # 2 Exhibit 2 - Second Declaration of Nsombi Lambright-Haynes, # 3 Exhibit 3 - Declaration of Tomie Green w atts, # 4 Exhibit 4 - Declaration of Jed Handelsman Shugerman, # 5 Exhibit 5 - Declaration of Edward Blackmon, Jr.)(Lynch - PHV, Mark) (Entered: 05/24/2023)

1 Exhibit 1 - Second Declaration of Charles Taylor w atts

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2 Exhibit 2 - Second Declaration of Nsombi Lambright-Haynes

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3 Exhibit 3 - Declaration of Tomie Green w atts

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4 Exhibit 4 - Declaration of Jed Handelsman Shugerman

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5 Exhibit 5 - Declaration of Edward Blackmon, Jr.

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MEMORANDUM in Support re 40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) (Entered: 05/24/2023)

Docket Annotation

DOCKET ANNOTATION as to # 39 : Disregard this entry. It has been correctly refiled as Doc. # 40 . (LAT)

MOTION for Eric Holder, Jr. to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5126179) by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1-PHV Application, # 2 Exhibit 2-Certificate of Good Standing)(Rhodes, Carroll) (Entered: 05/26/2023)

Order on Motion to Appear Pro Hac Vice

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Proceedings held on 05/22/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@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 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023. (CM) (Entered: 05/30/2023)

TEXT ONLY ORDER granting 42 Motion to Appear Pro Hac Vice. That Attorney Eric H. Holder, Jr. be admitted pro hac vice in this case on behalf of Plaintiffs 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 5/30/23 (NL)

NOTICE of Voluntary Dismissal by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) (Entered: 05/31/2023)

Order on Motion to Dismiss/Lack of Jurisdiction

TEXT ONLY ORDER. On May 31, 2023, Plaintiffs herein filed 44 Notice of Voluntary Dismissal of Defendant Governor Tate Reeves under Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of Court, pursuant to said Notice, has terminated Defendant Tate Reeves from this lawsuit. This court, accordingly, dismisses as moot at this juncture 31 Defendant's Motion to Dismiss for Lack of Jurisdiction. NO FURTHER WRITTEN ORDER SHALL FOLLOW. Signed by District Judge Henry T. Wingate on 6/1/2023 (nd)

ORDER granting 19 Motion to Dismiss. Signed by District Judge Henry T. Wingate on 6/1/2023 (nd)

NOTICE of Defendants' Response to Court's E-mail Inquiry of June 2, 2023 by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: # 1 Exhibit 1 - Response Letter and Transmittal E-mail, # 2 Exhibit 2 - E-mail Inquiry from Court)(Shannon-State Gov, Rex) (Entered: 06/06/2023)

1 Exhibit 1 - Response Letter and Transmittal E-mail

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2 Exhibit 2 - E-mail Inquiry from Court

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NOTICE of Plaintiffs' Position on TRO on Appointment of Judges Pursuant to H.B. 1020 Sec. 1 by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) (Entered: 06/06/2023)

NOTICE OF ORAL ARGUMENT re: Parties' Responses to the Court's June 2, 2023 Inquiry 46, 47 and MOTION to Consolidate Cases 48: Motion Hearing set for 6/14/2023 10:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

MOTION to Consolidate Cases by JXN Undivided Coalition, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE, MISSISSIPPI POOR PEOPLES CAMPAIGN, BLACK VOTERS MATTER, Rukia Lumumba, Arekia Bennett-Scott (Attachments: # 1 Exhibit Civil Cover Sheet in Jxn Und. v. Tindell, # 2 Exhibit Complaint in Jxn Und. v. Tindell)(Wu, Paloma) Modified on 6/13/2023 to correct parties (ND). (Entered: 06/07/2023)

1 Exhibit Civil Cover Sheet in Jxn Und. v. Tindell

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2 Exhibit Complaint in Jxn Und. v. Tindell

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MEMORANDUM in Support re 48 MOTION to Consolidate Cases filed by BLACK VOTERS MATTER, Arekia Bennett-Scott, JXN Undivided Coalition, Rukia Lumumba, MISSISSIPPI POOR PEOPLES CAMPAIGN, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE (Wu, Paloma) Modified on 6/13/2023 to correct parties (ND). (Entered: 06/07/2023)

RESPONSE in Opposition re 40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Lynn Fitch, Bo Luckey, Sean Tindell (Attachments: # 1 Exhibit 1a - Selected Legislative Records (1 of 2), # 2 Exhibit 1b - Selected Legislative Records (2 of 2), # 3 Exhibit 2 - Selected Judicial Appointment Orders, # 4 Exhibit 3a - Selected Population Data (1 of 2), # 5 Exhibit 3b - Selected Population Data (2 of 2), # 6 Exhibit 4 - Selected Jackson Water Litigation Documents, # 7 Exhibit 5 - Selected State Documents, # 8 Exhibit 6 - Selected Additional News Reports)(Shannon-State Gov, Rex) (Entered: 06/07/2023)

1 Exhibit 1a - Selected Legislative Records (1 of 2)

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2 Exhibit 1b - Selected Legislative Records (2 of 2)

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3 Exhibit 2 - Selected Judicial Appointment Orders

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4 Exhibit 3a - Selected Population Data (1 of 2)

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5 Exhibit 3b - Selected Population Data (2 of 2)

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6 Exhibit 4 - Selected Jackson Water Litigation Documents

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7 Exhibit 5 - Selected State Documents

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8 Exhibit 6 - Selected Additional News Reports

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NOTICE OF ORAL ARGUMENT re: Parties' Responses to the Court's June 2, 2023 Inquiry 46, 47 and MOTION to Consolidate Cases 48 : Motion Hearing set for 6/14/2023 10:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

MOTION to Clarify June 1, 2023 Order on Judicial Immunity by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1 - 2023.05.22 Transcript of Motions Hearing)(Lynch - PHV, Mark) (Entered: 06/07/2023)

1 Exhibit 1 - 2023.05.22 Transcript of Motions Hearing

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MEMORANDUM in Support re 51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) (Entered: 06/07/2023)

Letter from Rex M. Shannon III in re 50 RESPONSE in Opposition re 40 MOTION for Preliminary Injunction. (Attachments: # 1 USB Flash Drive, # 2 Envelope) (ND) (Entered: 06/08/2023)

1 USB Flash Drive

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2 Envelope

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MOTION for Certificate of Appealability by Michael K. Randolph (Nelson, Mark) (Entered: 06/09/2023)

Response in Opposition re 47 NOTICE of Plaintiffs' Position on TRO on Appointment of Judges Pursuant to H.B. 1020 Sec. 1 by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark), 51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit 1 - 2023.05.22 Transcript of Motions Hearing)(Lynch - PHV, Mark), 52 MEMORANDUM in Support re 51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Lynch - PHV, Mark) filed by Michael K. Randolph (Nelson, Ned) (Entered: 06/09/2023)

Unopposed MOTION for Leave to File Excess Pages by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Charles Taylor (Lynch - PHV, Mark) (Entered: 06/09/2023)

REPLY to Response to Motion re 40 MOTION for Preliminary Injunction Re Appointment of Judges filed by Frank Figgers, Jackson City Branch of the NAACP, Derrick Johnson, Charles Jones, Nsombi Lambright-Haynes, Mississippi State Conference of the National Association for the Advancement of Colored People, National Association for the Advancement of Colored People, Markyel Pittman, Charles Taylor (Attachments: # 1 Exhibit Second Declaration of Tomie Green)(Lynch - PHV, Mark) (Entered: 06/09/2023)

1 Exhibit Second Declaration of Tomie Green

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RESPONSE in Opposition re 51 MOTION to Clarify June 1, 2023 Order on Judicial Immunity filed by Lynn Fitch, Bo Luckey, Sean Tindell (Shannon-State Gov, Rex) (Entered: 06/12/2023)

Response in Opposition re 48 MOTION to Consolidate Cases by JXN Undivided Coalition, Mississippi Votes, PEOPLES ADVOCACY INSTITUTE, MISSISSIPPI POOR PEOPLES CAMPAIGN, BLACK VOTERS MATTER, Rukia Lumumba, Danyelle Holmes, Arekia Bennett-Scott (Attachments: # 1 Exhibit Civil Cover Sheet in Jxn Und. v. Tindell, # 2 Exhibit Complaint in Jxn Und. v. Tindell)(Wu, Paloma) filed by Sean Tindell, Bo Luckey (Williams-State Gov, J.) (Entered: 06/12/2023)

MEMORANDUM in Opposition re 48 MOTION to Consolidate Cases filed by Bo Luckey, Sean Tindell (Williams-State Gov, J.) (Entered: 06/12/2023)

Joinder in Document by Lynn Fitch, Bo Luckey, Sean Tindell to 59 Response in Opposition, filed by Bo Luckey, Sean Tindell, 60 Memorandum in Opposition to Motion filed by Bo Luckey, Sean Tindell (Shannon-State Gov, Rex) (Entered: 06/12/2023)