Case 3:16-cv-00350-CWR-LRA Document 36 Filed 09/21/18 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
NYKOLAS ALFORD and STEPHEN )
THOMAS; and ACLU OF MISSISSIPPI, )
)
Plaintiffs, )
) Civil No. 3:16-CV-350-CWR-LRA
v. )
)
JUDY MOULDER, in her official capacity as ) JOINT MOTION TO DISMISS
MISSISSIPPI STATE REGISTRAR OF ) WITHOUT PREJUDICE
VITAL RECORDS, )
)
Defendant.
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Parties
respectfully submit this Joint Motion to Dismiss this action without prejudice in response to this
Court’s August 22, 2018 ORDER (ECF No. 33) asking the parties “whether this case has been
mooted by subsequent events, should be dismissed for lack of prosecution, or closed for some
other reason.” In support of this Joint Motion, the Parties would show as follows:
1. On May 9, 2016, Plaintiffs filed the current lawsuit, a pre-enforcement challenge
to Mississippi House Bill 1523, the Protecting Freedom of Conscience from Government
Discrimination Act (“HB 1523”). On the same date, Plaintiffs moved for preliminary injunction
prohibiting Defendant Judy Moulder from enforcing HB 1523 in her capacity as Mississippi State
Registrar of Vital Records. (ECF No. 2).
2. On May 24, 2016, Defendant answered the Complaint (ECF No. 13) and responded
to Plaintiffs’ motion for preliminary injunction (ECF No. 14).
3. On May 31, 2016, Plaintiffs submitted a reply memorandum of law in further
support of their motion for preliminary injunction. (ECF No. 17).
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Case 3:16-cv-00350-CWR-LRA Document 36 Filed 09/21/18 Page 2 of 5
4. On June 10, 2016, Chief Judge Louis Guirola reassigned this case to Judge Carlton
Reeves and Magistrate Judge Linda Anderson. (ECF No. 19). On June 20, 2016, Judge Reeves
denied Plaintiffs’ motion for preliminary injunction without prejudice. (ECF No. 20). On the
same day, Plaintiffs moved for reconsideration (ECF No. 21), which this Court denied on June 22,
2016 (ECF No. 23).
5. In a separately filed lawsuit, Barber v. Bryant, No. 3:16-cv-00417-CWR-LRA
(S.D. Miss.), also before this Court, Judge Reeves on June 30, 2016 preliminarily enjoined HB
1523 from going into effect. HB 1523 was scheduled to become effective July 1, 2016.
Defendants in Barber moved to stay this June 30, 2016 order pending appeal to the Fifth Circuit.
See, e.g., Barber v. Bryant, No. 3:16-cv-00442-CWR-LRA, ECF No. 42, Defendant Phil Bryant’s
Motion to Stay Preliminary Injunction Pending Appeal (S.D. Miss. July 7, 2016).
6. On July 27, 2016, the Parties in the current action held a telephonic status
conference with Judge Anderson. The Parties were unable to agree on whether the current case
should be stayed pending the outcome of the Fifth Circuit appeal in Barber, and the Parties agreed
to brief the issue. After briefing, this Court on October 17, 2016 granted Defendant’s motion to
stay pending a decision in Barber. (ECF No. 30).
7. On June 22, 2017, the Fifth Circuit reversed Judge Reeves’s order in Barber
granting the preliminary injunction and ordered the case dismissed, holding that the plaintiffs in
Barber did not have standing.
8. On September 20, 2017, the Parties in the current action held a telephonic status
conference with Judge Reeves, in which Judge Reeves decided to maintain the status quo, leaving
the current action stayed.
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Case 3:16-cv-00350-CWR-LRA Document 36 Filed 09/21/18 Page 3 of 5
9. On October 10, 2017, the Plaintiffs in Barber petitioned the U.S. Supreme Court
for a writ of certiorari. The Supreme Court declined certiorari on January 8, 2018.
10. On August 22, 2018, in the current action, Judge Reeves entered an Order asking
the Parties “whether this case has been mooted by subsequent events, should be dismissed for lack
of prosecution, or closed for some other reason.” (ECF No. 33). The Court requested a response
within 10 days. Id.
11. On August 24, 2018, Plaintiffs moved for an extension of time to respond to the
Court’s August 22, 2018 Order (ECF No. 34), and the Court granted that motion on August 29,
2018 giving the Parties until September 21, 2018 to respond.
12. The Parties have conferred and jointly stipulate that pursuant to Rule 41(a)(1)(A)(ii)
of the Federal Rules of Civil Procedure this action should be dismissed without prejudice, each
party to bear its own costs, fees and expenses. Attached as an Exhibit to this Motion is the Parties’
Joint Stipulation of Dismissal Without Prejudice.
13. The Parties now submit that good cause exists for entry of an Order reflecting the
Joint Stipulation of Dismissal Without Prejudice. The Parties are contemporaneously submitting a
proposed Order to the Court via e-mail, and respectfully request that the Court approve and adopt
the proposed Order as an Order of the Court.
WHEREFORE, the Parties respectfully request that the Court enter its Order dismissing
this action without prejudice.
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Case 3:16-cv-00350-CWR-LRA Document 36 Filed 09/21/18 Page 4 of 5
Dated: September 21, 2018
/s/ Joshua F. Tom /s/ Douglas T. Miracle
Joshua F. Tom Douglas T. Miracle
MSB No. 105392 MSB No. 9648
AMERICAN CIVIL LIBERTIES UNION OF MISSISSIPPI ATTORNEY GENERAL’S
MISSISSIPPI FOUNDATION OFFICE
233 East Capitol Street STATE OF MISSISSIPPI
Jackson, Mississippi 39201 CIVIL LITIGATION DIVISION
T: 601-354-3408 P.O. Box 220
jtom@aclu-ms.org Jackson, Mississippi 39205-0220
T: 601-359-5654
Joshua A. Block* dmira@ago.state.ms.us
Leslie Cooper*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION Counsel for Defendant
125 Broad Street, Floor 17
New York, New York 10004
T: 212-549-2627
jblock@aclu.org
lcooper@aclu.org
*admitted pro hac vice
Oliver E. Diaz, Jr., Esq.
MSB #6064
P.O. Box 946
Madison, MS 39130
T: 769-280-3881
oliver@oliverdiazlaw.com
Counsel for Plaintiffs
4
Case 3:16-cv-00350-CWR-LRA Document 36 Filed 09/21/18 Page 5 of 5
CERTIFICATE OF SERVICE
I, Joshua F. Tom, do hereby certify that on this date I electronically filed the foregoing
document with the Clerk of Court using the ECF system which transmitted a copy to all counsel
of record.
THIS the 21st day of September, 2018.
/s/ Joshua F. Tom
Joshua F. Tom
5
Case 3:16-cv-00350-CWR-LRA Document 36-1 Filed 09/21/18 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
NYKOLAS ALFORD and STEPHEN )
THOMAS; and ACLU OF MISSISSIPPI, )
)
Plaintiffs, )
) Civil No. 3:16-CV-350-CWR-LRA
v. )
)
JUDY MOULDER, in her official capacity as ) JOINT STIPULATION OF DISMISSAL
MISSISSIPPI STATE REGISTRAR OF ) WITHOUT PREJUDICE
VITAL RECORDS, )
)
Defendant.
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Parties, by
and through their attorneys, respectfully and jointly submit this Stipulation of Dismissal of this
action without prejudice, each party to bear its own costs, fees and expenses. The parties request
that the Clerk of Court now close this case.
Dated: September 21, 2018
/s/ Joshua F. Tom /s/ Douglas T. Miracle
Joshua F. Tom Douglas T. Miracle
MSB No. 105392 MSB No. 9648
AMERICAN CIVIL LIBERTIES UNION OF MISSISSIPPI ATTORNEY GENERAL’S
MISSISSIPPI FOUNDATION OFFICE
233 East Capitol Street STATE OF MISSISSIPPI
Jackson, Mississippi 39201 CIVIL LITIGATION DIVISION
T: 601-354-3408 P.O. Box 220
jtom@aclu-ms.org Jackson, Mississippi 39205-0220
T: 601-359-5654
Joshua A. Block* dmira@ago.state.ms.us
Leslie Cooper*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION Counsel for Defendant
125 Broad Street, Floor 17
New York, New York 10004
T: 212-549-2627
jblock@aclu.org
1
Case 3:16-cv-00350-CWR-LRA Document 36-1 Filed 09/21/18 Page 2 of 2
lcooper@aclu.org
*admitted pro hac vice
Oliver E. Diaz, Jr., Esq.
MSB #6064
P.O. Box 946
Madison, MS 39130
T: 769-280-3881
oliver@oliverdiazlaw.com
Counsel for Plaintiffs
