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

Filing 70

ORDER granting 63 Motion for Discovery; granting 67 Motion for Discovery. Signed by Jane M Virden on 1/23/2013. (sef)

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

ORDER
This matter is before the court on the motion of the plaintiffs for leave to conduct
discovery on the limited issue of mootness (#63) and the amended motion for discovery (#67).
The court finds the motion for discovery to be well taken.
The Fifth Circuit, in Hancock County Board of Supervisors vs. Ruhr, 5th Cir. No. 60446,
directed that such factual development is necessary. Accordingly, discovery on the mootness
issue shall be permitted.
The parties shall have until April 18, 2013 to complete all mootness related discovery.
Plaintiffs shall have until February 30, 2013 to designate mootness related experts, if any, and
defendants until March 30, 2013 to designate any mootness related experts. Defendants shall
have ten days after completion of discover on mootness to supplement the pending motion to
dismiss as moot, and plaintiffs shall have seven days thereafter to supplement their response to

the original and/or supplemented motion to dismiss. The parties are limited to three depositions
each, excluding experts (if any), and twenty interrogatories and twenty requests to production and
twenty requests to admit.
IT IS, THEREFORE, ORDERED that the plaintiffs’ motion to conduct mootness related
discovery (#63), supplemented by motion (#67), is hereby GRANTED as detailed in this order.
This, the 23rd day of January 2013.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE