Case 3:12-cv-00424-HTW-LRA Document 22

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION RENETTA VANCE HOWARD AND VEIONISIA VANCE V.

PLAINTIFFS CAUSE NO.: 3:12-cv-00424 HTW-LRA

JERRY MOORE, IN HIS OFFICIAL AND PERSONAL CAPACITIES, PRECIOUS T. MARTIN, INDIVIDUALLY, SUZANNE KEYS, INDIVIDUALLY, JAMES A. BOBO, INDIVIDUALLY, AKERS & BOBO, PLLC PRECIOUS T. MARTIN, SR. & ASSOCIATES, PLLC RICKY MCCLINTON AND DOE DEFENDANTS 1-10

DEFENDANTS

RESPONSE TO DEFENDANTS MOTION TO SEAL

COMES NOW, Plaintiffs, Renetta Vance Howard and Veionisia Vance, file this their Response to Defendants Motion to Seal, as follows: 1. Defendants moved the Court to strike Paragraph 18 and 19 in their Complaint asserting they are vexatious and slanderous. Defendants stated that the allegations of Paragraph 18 and 19 are not true. Despite Defendants statements that these allegations are slanderous--- they are truein that, he has been charged with multiple violent offenses, among other things, in the past, and Brenda McClinton did file a complaint against him for sexually molesting his daughter. See, Exhibit A. 2. The allegations of Paragraph 18 and 19 are relevant because they served the basis for Defendant Ricky McClinton joining in the initial guardianship stating it was in the minors

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child best interest to be with Plaintiff Renetta Vance Howard which led to the incident from which this action arose. The allegations of Paragraphs 18 and 19 do not arises to 3. Defendants completely, utterly failed to cite any authority for their motion to strike. As such, Defendants relief should be denied on that basis alone. Besides, for fifty or more years, the Fifth Circuit has held that motions to strike are disfavored and infrequently granted. Augustus v. Board of Public Instruction of Escambia County, 306 F.2d 862, 868 (5th Cir. 1962). 4. Oddly, the Defendants have cited a line of cases indicating that court records are open to the public, so it goes without saying that this matter should not be sealed. See, Doc. 16 (Defendants Memorandum) (citing In re: Hearst Newspaper, LLC, 641 F.3d 168 (5th Cir. 2011)). 5. While the Plaintiffs vehemently oppose sealing this case and the court records, the Plaintiffs have no objections to the Defendants filing their responsive pleading under seal. WHEREFORE PREMISES CONSIDERED, Plaintiffs pray that this Honorable Court deny the Defendants Motion to Seal Case (or in alternative Motion to Strike). However, the Plaintiffs have no objection to granting Defendants Motion to Seal Responsive Pleading only. Dated: August 3, 2012 Respectfully submitted, RENETTA VANCE HOWARD et al /s/ Terris C. Harris By: __________________________________ Terris C. Harris, J.D., LL.M.

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Of Counsel: SWEET & ASSOCIATES 158 E. Pascagoula St. Jackson, MS 39201 601-965-8700 Telephone 601-965-8719 Fax CERTIFICATE OF SERVICE I, Terris C. Harris, hereby certify that on this day, do hereby certify that a true copy of the foregoing has been filed electronically. Notice of this filing was sent to all parties by operation of the Courts electronic filing system. Parties may access this filing through the Courts CM/ECF system. Chuck McRae 416 East Amite Street Jackson, MS 39201 James Bobo Akers & Bobo Brandon, MS 39043 J. Lawson Hester Michelle High WYATT, TARRANT & COMBS - Jackson P. O. Box 16089 4450 Old Canton Road, Suite 210 (39211) Jackson, MS 39236-6089 Dated: August 3, 2012

/s/ Terris C. Harris Terris C. Harris, J.D., LL.M. (MSB# 99423)