Case: South Carolina State Conference of the NAACP v. Weaver

South Carolina State Conference of the NAACP

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ASCDC-12226617.) filed by Todd Ruthorfoed, Ayanna Mayes, J. S., Ibram X. Kendi, Amanda Bradley, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Service due by 4/28/2025(ahil) (Main Document 1 replaced on 1/27/2025) (ahil) (Entered: 01/27/2025)

Local Rule 26.01 Answers to Interrogatories by South Carolina State Conference of the NAACP, Ibram X. Kendi, Ayanna Mayes, Mary Wood, T. R., and J. S..(ahil) Modified on 2/4/2025 to edit filers and docket text (ahil). (Entered: 01/27/2025)

Summons Issued as to Ellen Weaver. (ahil) (Entered: 01/27/2025)

Summons Issued as to Lexington County School District Three. (ahil) (Entered: 01/27/2025)

Summons Issued as to School District Five of Lexington & Richland Counties. (ahil) (Entered: 01/27/2025)

NOTICE of Appearance by J Edward Bradley on behalf of School District Five of Lexington & Richland Counties (Bradley, J) (Entered: 02/05/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Ellen Weaver served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on Ellen Weaver)(Coleman, Santino) (Entered: 02/05/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Lexington County School District Three served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on Lexington County School District Three)(Coleman, Santino) (Entered: 02/05/2025)

SUMMONS Returned Executed by J. S., Ibram X. Kendi, South Carolina State Conference of the NAACP, Mary Wood, T. R.. School District Five of Lexington & Richland Counties served on 1/27/2025, answer due 2/18/2025. (Attachments: # 1 Proof of Service on School District Five of Lexington and Richland Counties)(Coleman, Santino) (Entered: 02/05/2025)

LETTER EXTENDING TIME TO ANSWER All Defendants. (Attachments: # 1 Exhibit A: Correspondence between counsel)(Coleman, Miles) (Entered: 02/13/2025)

Local Rule 26.01 Answers to Interrogatories by Lexington County School District Three, Ellen Weaver.(Coleman, Miles) (Entered: 02/13/2025)

Local Rule 26.01 Answers to Interrogatories by School District Five of Lexington & Richland Counties.(Bradley, J) (Entered: 02/13/2025)

MOTION to Appear Pro Hac Vice by Amber Koonce ( Filing fee $ 350 receipt number ASCDC-12269873) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 02/18/2025)

MOTION to Appear Pro Hac Vice by Charles McLaurin ( Filing fee $ 350 receipt number ASCDC-12269923) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Additional attachment(s) added on 2/18/2025: # 3 Supreme Court of VA Certificate of Good Standing) (ahil). (Entered: 02/18/2025)

MOTION to Appear Pro Hac Vice by Patricia Okonta ( Filing fee $ 350 receipt number ASCDC-12269968) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 02/18/2025)

** WITHDRAWN ** MOTION to Appear Pro Hac Vice by Maia ( Filing fee $ 350 receipt number ASCDC-12269997) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/4/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) Modified on 3/4/2025 to edit docket text and withdraw motion per 22 . (ahil) (Entered: 02/18/2025)

TEXT ORDER granting 15 Motion for Amber Koonce to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 15 Motion for Charles McLaurin to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

TEXT ORDER granting 15 Motion for Patricia Okonta to Appear Pro Hac Vice on behalf of plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on February 20, 2025.(ahil) (Entered: 02/20/2025)

Withdrawal of Motions: 18 MOTION to Appear Pro Hac Vice by Maia ( Filing fee $ 350 receipt number ASCDC-12269997) filed by Ibram X. Kendi, South Carolina State Conference of the NAACP, Ayanna Mayes, T. R., Mary Wood, J. S... (Bailey, Tyler) (Entered: 03/03/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM by School District Five of Lexington & Richland Counties. Response to Motion due by 3/18/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bradley, J) (Entered: 03/04/2025)

MOTION for Extension of Time to File Answer re 1 Complaint, by Lexington County School District Three, Ellen Weaver. Response to Motion due by 3/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/07/2025)

AMENDED Consent MOTION to Amend/Correct 24 MOTION for Extension of Time to File Answer re 1 Complaint, by Lexington County School District Three, Ellen Weaver. Response to Motion due by 3/24/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) Modified on 3/10/2025 to edit docket text (ahil). (Entered: 03/10/2025)

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

TEXT ORDER granting 25 Amended Consent MOTION for Extension of Time to File Answer re 1 Complaint. Defendants Lexington County School District Three and Ellen Weaver, in her official capacity as South Carolina Superintendent of Education's deadline to answer or otherwise plead is now due 3/20/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 10, 2025. (ahil) (Entered: 03/10/2025)

First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss 23 by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/28/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bailey, Tyler) Modified on 3/17/2025 to add linkage and edit docket text (ahil). (Entered: 03/14/2025)

RESPONSE to Motion re 27 First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss Response filed by Lexington County School District Three, Ellen Weaver.Reply to Response to Motion due by 3/24/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) (Entered: 03/15/2025)

TEXT ORDER granting 27 First MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss 23 . Plaintiffs' Response to 23 Motion is now due by 4/3/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 17, 2025. (ahil) (Entered: 03/17/2025)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

MOTION for Preliminary Injunction by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 3/31/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion for a Preliminary Injunction, # 2 Exhibit A. Declaration of Ibram X. Kendi, # 3 Exhibit B. Lexington County District Three FOIA Response, # 4 Exhibit C. Declaration of Nicole Walker, # 5 Exhibit D. Ferguson Memorandum, # 6 Exhibit E. NAACP Legal Defense Fund Letter, # 7 Exhibit F. Declaration of Mary Wood, # 8 Exhibit G. Political Flyer, # 9 Exhibit H. Declaration of Ayanna Mayes, # 10 Exhibit I. Declaration of T.R., # 11 Exhibit J. Declaration of J.S., # 12 Exhibit K. Declaration of Brenda C. Murphy)No proposed order.(Coleman, Santino) (Main Document 30 replaced on 3/18/2025 with document provided by filer.) (ahil) (Entered: 03/17/2025)

Consent MOTION for Leave to File Excess Pages for the Motion to Dismiss by Lexington County School District Three, Ellen Weaver. Response to Motion due by 4/2/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/19/2025)

TEXT ORDER granting 31 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Sherri A. Lydon on March 20, 2025.(ahil) (Entered: 03/20/2025)

Order on Motion for Leave to File Excess Pages

MOTION to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) by Lexington County School District Three, Ellen Weaver. Response to Motion due by 4/3/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Declaration of Dr. Ashley Atkinson, # 2 Exhibit B: District Review Committee Report for Stamped)No proposed order.(Coleman, Miles) (Entered: 03/20/2025)

1 Exhibit A: Declaration of Dr. Ashley Atkinson

View on PACER

2 Exhibit B: District Review Committee Report for Stamped

View on PACER

AMENDED COMPLAINT against All Defendants, filed by J. S., Ibram X. Kendi, Ayanna Mayes, South Carolina State Conference of the NAACP, Mary Wood, T. R.. Service due by 6/23/2025 (Attachments: # 1 Exhibit Yow Memorandum) (Coleman, Santino) (Entered: 03/25/2025)

MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Preliminary Injunction by Lexington County School District Three, School District Five of Lexington & Richland Counties, Ellen Weaver. Response to Motion due by 4/9/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 03/26/2025)

TEXT ORDER granting 35 MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Preliminary Injunction. Defendants School District Five of Lexington & Richland Counties, Lexington County School District Three, and Ellen Weaver's response to motion 30 is 4/14/2025. Entered at the direction of the Honorable Sherri A. Lydon on March 28, 2025. (ahil) (Entered: 03/28/2025)

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

MOTION to Appear Pro Hac Vice by Maia Cole ( Filing fee $ 350 receipt number ASCDC-12360900) by Ibram X. Kendi, Ayanna Mayes, T. R., J. S., South Carolina State Conference of the NAACP, Mary Wood. Response to Motion due by 4/15/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing)No proposed order.(Bailey, Tyler) (Entered: 04/01/2025)

Order on Motion to Appear Pro Hac Vice

Order on Motion to Dismiss

TEXT ORDER denying 23 and 33 MOTIONS to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) without prejudice as moot due to amended complaint. 6 Charles Alan Wright et al., Federal Practice and Procedure § 1476 (3d ed. 2011) ("A pleading that has been amended... supersedes the pleading it modifies.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case...."); Perez v. Staples Cont. & Com. Inc., No. 3:13-CV-01775-JFA, 2013 WL 5570002 at *1 (D.S.C. Oct. 8, 2013) ("motions directed at the superseded pleading generally are to be denied as moot."). Entered at the direction of the Honorable Sherri A. Lydon on April 1, 2025.(ahil) Modified on 4/1/2025 to edit docket text per chambers request. (ahil). (Entered: 04/01/2025)

TEXT ORDER granting 37 Motion for Maia Cole to Appear Pro Hac Vice on behalf of Plaintiffs. Entered at the direction of the Honorable Sherri A. Lydon on April 1, 2025.(ahil) (Entered: 04/01/2025)

Extension of Time

Order AND ~Util - Set Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

Additional Attachments to Main Document

Response in Opposition to Motion

Declaration

1 Exhibit Policy GBK

View on RECAP

2 Exhibit Policy IB

View on RECAP

3 Exhibit SC ST 59-25-410

View on RECAP

4 Exhibit Minutes 3-24-25

View on RECAP

5 Exhibit SC ST 59-25-430

View on RECAP

6 Exhibit SC ST 59-25-440

View on RECAP

7 Exhibit Letter to Atty Nickles

View on RECAP

8 Exhibit Policy IJL-R

View on RECAP

9 Exhibit Policy KEC

View on RECAP

10 Exhibit Policy KEC-R

View on RECAP

11 Exhibit Minutes 2-10-25

View on RECAP

Declaration

1 Main Document Declaration of Dr. Akil Ross, Sr.

View on RECAP

2 Exhibit Policy GBK

View on RECAP

3 Exhibit Policy IB

View on RECAP

4 Exhibit SC ST 59-25-410

View on RECAP

5 Exhibit Record of Vote March 24, 2025

View on RECAP

6 Exhibit SC ST 59-25-430

View on RECAP

7 Exhibit SC ST 59-25-440

View on RECAP

8 Exhibit Letter to A. Nickles 8-2-23

View on RECAP

9 Exhibit Policy IJL-R

View on RECAP

10 Exhibit Policy KEC

View on RECAP

11 Exhibit Policy KEC-R

View on RECAP

12 Exhibit Minutes 2-10-25

View on RECAP

Response in Opposition to Motion

File Excess Pages

Dismiss

Entry Deletion

Dismiss

Order on Motion for Leave to File Excess Pages

Additional Attachments to Main Document

1 Exhibit A: Declaration of Angie Rye

View on RECAP

2 Exhibit B: Declaration of Sonya Bryant

View on RECAP

3 Exhibit C: Declaration of Julie Ruff

View on RECAP

4 Exhibit D: Declaration of Charlene High

View on RECAP

5 Exhibit E: Declaration of Randy Fox

View on RECAP

6 Exhibit F: Expert Declaration of Prof. David Bernstein

View on RECAP

7 Exhibit G: Declaration of Matthew Ferguson

View on RECAP

Reply to Response to Motion

Leave to File Document

Response in Opposition to Motion

Order on Motion for Leave to File

Miscellaneous Relief

Response in Opposition to Motion

Response in Opposition to Motion

Extension of Time

Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motions

Reply to Response to Motion

Supplement - Not an attachment to main document

Order on Motion for Miscellaneous Relief

Leave to File Document

Withdraw as Attorney

Sur Reply Brief

Order on Motion to Withdraw as Attorney

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

Notice of Hearing on Motion