Webster County, Mississippi Branch of the NAACP et al v. Webster County, Mississippi Board of Supervisors et al

Filing 66

ORDER Setting Certain Deadlines. Signed by Jane M Virden on 12/27/12. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
WEBSTER COUNTY, MISSISSIPPI BRANCH
OF THE NAACP and CHERRAYE OATS,
on behalf of themselves and all the others similarly situated
VS.

PLAINTIFF

CIVIL ACTION NO.: 3:11cv27-MPM-JMV

WEBSTER COUNTY, MISSISSIPPI BOARD OF
SUPERVISORS; WEBSTER COUNTY, MISSISSIPPI
DEMOCRATIC PARTY EXECUTIVE COMMITTEE;
WEBSTER COUNTY, MISSISSIPPI REPUBLICAN
PARTY EXECUTIVE COMMITTEE; WEBSTER COUNTY,
MISSISSIPPI BOARD OF ELECTION COMMISSIONERS;
and DEBORAH HOOD NEAL,
in her official capacity as Circuit Clerk

DEFENDANTS

and
JIM HOOD, ATTORNEY GENERAL FOR THE STATE OF
MISSISSIPPI, EX REL. THE STATE OF MISSISSIPPI

INTERVENOR

SCHEDULING ORDER
This matter is before the court following a status conference held on December 21, 2012.
The parties have jointly proposed to the court, and the court accepts, the following as related to
scheduling of certain matters herein:
1. Defendants’ motion to dismiss for mootness will be decided prior to a determination
on plaintiff’s motion to amend.
2. The pending motion to dismiss will not be decided until the earlier of (1) a favorable
decision on plaintiffs’ motion for leave to conduct mootness related discovery and the
conclusion of that discovery or (2) a denial of said motion for leave to conduct such discovery.
3. Plaintiff shall file its motion for leave to conduct mootness related discovery by
December 28, 2012, with the response due seven (7) days thereafter and the reply three (3) days
following.
4. Within fourteen (14) days of the date by which both (a) Defendant’s motion to dismiss

as moot has been denied (if such event shall occur) and (b) the court has ruled on plaintiff’s
motion for leave to amend, the defendant shall file its 12(b)(6) motions, if any.
Further, the court has advised the parties that the briefs on the issue of leave to conduct
mootness related discovery shall address the necessity of expert witness designations as well as
the volume and type of discovery to occur, including the time frame for same.
This, the 27th day of December 2012.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE