Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 1 of 55 FILED 2014 Oct-27 AM 09:02 SOUTHERN DIVISI~ DOCKET U.S. DISTRICT COURT 65 J'-t" n~ N.D. OF ALABAMA • Stanley Pottinger TITLE OF CAS£ jj~~i· ~itJL~E¥ce A~:O:~EYci:e;;;on&~ ~g~3~ngtorFJ,l'Pr~intiff: Oscar W.Adams.Jr•• LINDA STOUT, b; her father and next I see ace. -pagh . friend, Blevin Stout. Plaintiff, :::ce1Yd~A\'irl' 'J'l ,tft· . T~ermaR·~Ama ~~, Jack Greenbet UNITED STATES OF AMERICA, by Nichola~ deB.Katzenbach, Attorney Ceneral of the United States, Plaintiff-Intervenor : 10 Columbt:s Si"rc1e, New Yor.k.~ ,~~4;'.//UH'''''___ 10019. VB. , ~-L."''''&Yei:",U.S.Atty; , -&._~.",.,.Asst.U.s.Atty- 1 A.L8tt1more Gaston , Fred D.Gray -Gray,Seay & Langf ]l!fFERSON COUN'lY BOARD OF EDUCATION; DR,l';ERMrT JOHNSON, !ll~~~ter Ave.,Montgomery,AI~ as Superintendent of the Jefferson County Board of Education, 'Jifor"fJiJendan!: Maurice Billliop . f '3 ,i , C.R.BOT1~NFIElD, as President of the Jefferson County Board Bishop & 1;Jitrlton~c.·"· ~ /' " of Education, GEORGE ROGERS, as Vice-President of the 327 Frank Nelson Bldg., B'ham,. County Board of Education. ROBERT l. ELLIS, JR., O.G.GRESHAM, J. Howard McEniry - McEniry, and MRS. ROBERT GWIN as members of the Jefferson County Board McEniry & MeEniry, 1720 4th! of Education, and their successors in office No •• Bessemer, Ala. 3502.0 fOl Pleasant Gn!ve & M1dfiel~ Basis ofru;tion: Proceeding for preliminary and permanent i Robert Vance (for Vestl enjoining defendants from continuing their policy of discrimip:atin~ against plaintiff by operating a compulsory biracial school John W. Williams. 815 M~~sey Jliry trial claimed by system in Jefferson County, Bldg., B'h"m' 35203 for: 19 Bd.
Pl..AINTIFF'$ ACCOUN"'t RBCa'VEO DlsauRSED DATE
June .. Cash-oscar W.A.j~.s,.J~ 15' 00 JUNE 8 Cr. 1024U 1968 i Feb. 27 ,'Ck-Adams & Burg 5 00 , ii '''eb. ~9 I rer 102},11 5 I.00 " . ! Aug. 13 !Ck-Adams ,Burg & ".1•• + 5100 • I Aug.lS I Cr 102411 5 00 ] 1969 Mar. 11 ;Ck.-Adaas,Bura & . Baker- 5 00 , :ar. 12 ;Jr 100969 I ! ICk.-Adams,Burg .. , July 1 ;Ck -Gray,Seay,Langfor. Baker- 5100 • Pryor ------I' 250 ~O Cr 100869 0 " 1 ,Paid Registry 250 5 7 " I&kp~ys¥,~e!y.~ngfgral 00 . Cr 51 c: 8 5 I I ~ 0
______A_a_s_T_R_AC_T_O_F_cos_TS-,____,l I,? ~j 5.00 ~99.~71i:1.~~T~O~wiH~O~M~O~U~·~~F,nilv~AM~0UH~~T~~·I---,~-~---.----:~~~;C~~'~~;t1_~~.ir~~~.-~---,~-.---~J£( .~ 31-Ck. Adams ,Burg Baker
1>. I (" Receipt Notice of appeal U' #95460 Aug • .5 Cr 100869 5•• ("ct.1 Ck ..'1c~niry ~ ': Hc"niry Pla:l.ntiff's cost bill from bd-er
DATE tvILINGS-PROCEEOINGS ,.1(12.:L~ - '------ "~~------~~-~-~-.-'------~_ ------'-:-,---~-_.L:...-- I rune 4 I Complaint filed. Motion of plaintiff for preliminary injunction filed. .. 4 SunmtOl'lS and complaint issued· del. to Marshal for service on defendants. with copy of motion for preliminary injunction attached _ .. 14,1 Notice to defendants that plaintiff will take the deposition of Dr .Kermit I Johnson, Su,.t.of EdUcation of Jefferson County, Ala•• on June 21, 1965 at 1:30 P.M•• at Room 409 Federal Bldg•• Birmingham, Ala•• before Carmen . Zegarelli, court reporter filed (notice addressed to Hon,George Rogers). I .. 16'" SUlIIlIIons am complaint with motion for preliminary injunction attached, retu~ned, executed on all defendants except Robert L.Ellis,Jr. and C.G.Gresham, on , June 8, 196.5 • Robert L.El1is,Jr, and C,G.Gresham served on June 14, 1965 I. and filed· (case to be submitted for final injunction) I , " 22 On trial betore the Hon. Seybourn H. Lynne, without a jury/- introCiuction 01 I plaintiff's testimony - Order to be entered requiring Plan to be filed by ! June 30, 1965 with 10 days thereafter allowed for exceptions, and hearing : on exceptions set for July 21, 1965, at 10: 00 0' clock, A.M.- Ans'"e;: of deff'1dontsJ fi.led- .. 2<.'" Memorandum Opinion of the Honorable Seybourn H,Lynne filed and entered -(;Op~es mailied .. 24. Injunction and order in confol'lllity with the memorandum opinion of the court i attolrneys contemporaneously filed hereWith, restraining and enjoining the defendants, Jefferson County Board of Bducation, the present members of said Board, GJorge C.Rogers, C.R.Bottenfield, Robert L,Ellis,]r., O.G,Gresham, and Mrs.ROber! Gwin, and Dt.Kermit Johnson, Superintendent of Jefferson County Schools, and th ir agents, servants, employees, successors in office and those in concert wi h them Who shall receive notice of this order, from requiring segregation 0 the races in any school under their supervision, from and after such time as ay be necessary to ",ake arrangem.. nts for admission of children to such schoo,1s on a racially non-discriminatory basis with all deliberate speed, as required by the Supreme Court in Brown v.Board of Education of Topeka, 349, U.S.294, 4nd further ordering that said persons submit to this court not later than Juqe 30, . 1965, a plan under which the said defendants propose to make an immediate \start in the desegregation of the schools of the Jeff~rson County public school Isystem, which plan shall effectively provide for the carrying into effect not 1at~r than the beginning of the schOOl year commencing September, 1965, and ther.. aft~r, of e Alabama Pupil Placement Law as to all school grades without racial discr;linatio including the admission of new pupils entering the first grade, or coming into 1~ ~~__~_~ county for the first time, on a non-racial basis, and further orderin that, on or before the date of the filing thereof, a copy of said plan be serve by defendants in the manner pX"ovided by the Federal Rules of Civil PX"ocedure~ by mail or otherWise, upon the attorneys for plaintiff in this action, and t~at.~~ objections to said proposed plan which plaintiff may decide to make, be ftlea I and served upon the attorneys for defendants on oX" before July 12, 1965, »earing ; on such objections as may be filed will be heard before this court in Bir_ingham, . Alabama, at 10:00 A.M., on July 21, 1965, filed and entered (Lynne) - copies .' 1 mailed attorneys of record I' .. 30 Plan submitted by the Jefferson County Board of Education for desegregation of the Jefferson County School System, pursuant to the Order of the I United States District Court, dated June 24, 1965, filed- ' y 9 ~ Objections of plaintiff to defendants' Plan for Desegregation, filed - copy I served by counsel . 12 " Motion of Fnited States "f America to intervene as a plaintIff in this caus , and Notice thereon, wtth Certificate of Nicholas deB. Katzenbach,~tt0rney General, and Objections to Plan for Desegregation attached the~eto, filed - 121 ORDER based on Motion of United States of America to intervene and riOt!ce of Motion granting the Application of the Attorney General for leave to intervene in this cause, filed and entered (l.ynne) (cont,to next page) FPI-t.K--zd-i4-ZOM--aOfO • Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 3 of 55
D, C, llOA Rev. Civil Docket Continuation
PROCEEDINGS Date Orde DATE ,Judgment 1 ATTORNEYS OF RECORD
Oscar W. Adams, Jr. - Gray, Seay & Langford ADAMS, BAKER &. CLEMON :-ils;:;;? Dexter Avenue Suite 1600 - 2121 Building Montgomery, Ala. 46104 2121 Eightth Avenue, North Birmingham, Alabmma 35203
NonnA" (lltac1tki...... Jack Greenberg, Drew Days & Mel Leventhal NAACP LEGAL DEFENSE &. EDUCATIONAL FUND Ten Columbus Circle - Suite 2030 New York, New York 10019 I))nald B. Sweeney, Jr. Wayman G. Sherrer RIVES & PETERSON United States Attorney 1700 Fin~~cial Center 200 - Federal Courthouse Birmingham, AL 35203 Birmingham, Alabama 35203 328-8141 for Midfield City Schools ".& Frank M. Dunbaugh Horrewood City Schools . Deputy Assistant Attorney General Civil Rights Division United States Department of Justice Washington, D. C. 20530 IIbnna J. Chachkin 99 Hudson Street, 16th F1lr , Bishop -&-ear-~, Sweeney & Colvin New York, NY 10013, &' .~ Frank Nelson Building 212 219-1900 '. Birmingham, Alabama 35203 ) co counsel for plffs
John F. DeBuys, Jr. 8/1/9~ (for William F. Murray, Jr. pl~-intv Alex W. Newton BURR &. forman iel/Ri Hare, Wynn, Newell &. Newton 3100 SouthTrust Tower 700 City Federal Building 420 N. 20th Street Birmingham, Alabama 35203 P.O. Box 830719 for petitioners, E. E. Raughley, et al Birmingham, AL 35283 (205) 251-3000 McEniry, McEniry & McEniry for: Pleasant Grove, Midfield 1720 Fourth Ave., N. Bessemer 35020 Vance, Thompson & Brown for: Vestavia Suite ~ 5-:/{) Fr allk nelson Building .J::IT fJ . Birmingham 35203 07,')43,.<'[:
~... ,Jobn w wj J 1 jams I ,Ir fen Homewood 815 Massey Building"yt- fII ulg?lik0 _BBiixrmnUj~B~~~B~a~ffi~,--~3~5~2KQ~3 I 0/ I
IX:>nald V. Watkins WATKINS CARTER & KNIGHT Samuel Fisher, Asst City Atty 1120 South Court Street 710 N. 20th Street 1':bntgorrery, AL 35104 Birmingham, AL 35203 262-2723 254-2369 for City at Sham as amicus co-counsel for plfts Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 4 of 55
C.A. C,S-39fi-South"',",1
D. C. I1DA. Rev. Civil Docket Continua-:;tl::;;nn~====~==c=====c=~~~======.~======r==,~~ 1971 = - Date Orde DATE PROCEE:DINGS Judgment :t
Dec. 30 Ck. Palmer :\. Norris Receipt if2~72 (n !\lOCl"" 0' Appeal SlO.00
Jar,,. 5 Cr. 100?C,9 $10.00 ') 1 :'l~" 1 ~l • • Ii
(~int 1~6' ~T(Yr.t GY-. ·Jeff?T'son t;()~lnty ROA.rd of F.;lnC"l.t1,on (cost1'l) 2,11.1. tlO " Nov.2 • Adams ,Baker & Cle1IX)n Ck#7583 , 2,111.40" 1973 Sep. 20 Ck.-Bishop &Carlton Rec.#1060l Notice of appeal 5.00 Sep. 26 Cr. 100869 5.00 1 9 7 5 July 21 Ck - Bishop, Sweeney Receipt *20574 5.00 July 23 Cr. 100869 5.00 ,hlly 22 Ck - Adams, n"ker Receipt #20586 5.00 Jl.zl Y 23 Cr. 100869 5.00 Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 5 of 55
D, C. lWA Rev. CivU Docket C<:mtinuatlon #65-396- Stout, vs.Jeff.Co.Board of Education-
DateOrd, DATE PROCEEDINGS Judgment ~...J)",9",6",5_1_~_·_· __·_-----.------... July 21 :}Answer of defendant, County Board of Education of Jefferson CountY,Alabama, to objections to plan for desegregation, filed - copy served by counsel " 23 Order dated July 22, 1965 overruling and denying objections to the plan for desegregation filed 1n behalf of the original plaintiff and the plaintiff intervenor, and approving the plan for desegregation filed herein by defendants provided that the date "August 9, 1965" be substituted for the date "August 2, 1965" wherever the same appear in such plan; and retaining jurisdiction of this cause for the purpose of entering such other,further, or additional orders as may become necessary or proper, filed and entered (Lynne) - copies mailed attorneys - Aug. 5 Notice of Appeal of United States of America, by Nicholas deB.Katzenbach,Attorne General of the United States, Plaintiff-Intervenor to the U.S.Court of Appeals,Fifth Circuit, from Order approving plan entered herein on July 23, 1965, filed - certified copy mailed attorney for defendant " 11 Notice of Appeal by plaintiff,Linda Stout, by her father and next friend, Blevin Stout, to the United States Court of Appeals, Fifth Circuit, from Order approving plan entered herein on July 23, 1965, filed - certified copies mailed attorneys for defendant and United States Attorney - ! " 18 Certified,copy of order of United States Court of Appeals issued as and for the! mandate, vacating and remanding this cause to the District Court for furthet .consideration in the light of Singleton v.Jackson Municipal Separate School: District, et al., and Price v. Denison, et al.,which were decided by the ~ United States Court of Appeals, filed " 20 i Mution of plaintiff-intervenor, United States of America, for order in conformit with the mandate of the Court of Appeals for the Fifth Circuit, filed copy served by counsel n 27 Amendment to plan for desegregation of Jefferson County School System operating under the supervision of the County Board of Education of Jefferson County. Alabama, filed - copies served by counsel " 27 Order overruling objections of plaintiff and plaintiff-intervenor to the amended plan of desegregation this date filed by defendants, and approving amended plan for desegregation, and requiring defendants to restudy such plan in mature consideration of the objections this date advanced and report their conclusions in writing to the Court on or before December 31, 1965, and retaining jurisdiction of this cause for the purpose of entering such other or further orders as may be necessary or proper, filed and entered (Lynne)- ~ copies mailed attorneys - copies del.to U.S.Attorney -copy mailed Dr.Kermit Johnson - 2 signed certified copies mailed St.John Barrett,attorney, Departm Ilt of Justice,Washington,D.C.- Qd. 25 Notice of I\ppeal by the United States of Aillcrica. plllintiff-interV1'nClI, from the ord", overruling objections of plaintiff-intervenor to the amended plan of desegregation entered herein on Aug.27, 1965, filed - cert.copies mailed
attorneys of record herein - I Nov. 23 Order extend~n~ t~itthme within which the record on appeal in this cause shall be I I. filed~fth g6e U; S. Court of Appeals, Fifth Circuit, to 50 days from the 4th . day of December,l965 filed and entered (Grooms) - copies mailed attorneys certified copy mailed Clerk, U.S. Court of Appeals, New Orleans, La. - Dec. 29 Statement of Maurice Bishop, attorney for defendants, pursuant to Order of August 27, 1965, filed - copy served by counsel ~ Jan~ 10 /} Transcript of proceedings before thi" court on Jun€ 22, 1')65 and on July 21, 1965, C' fili"d by Court Ri"pol·ter \~ester (2 volumes) " Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 6 of 55
DATE PROCEEDINGS Date Order or IJudgment Noted 1966 Copy of order of U.S.Cou!"'t of AppC111s1 Fifth Circuit, extending the tiMe \,'ithin ";vf)ich the record on npr::'!~l in t1rts caUSe shall he docke-ted in the l!.S.C~)urt ':If Appeals to and l.nchding the 22.Qd day of Februe.,.?, 1956, filed " 20 Certified transcri.;>t of rEcord on appcfll nailed Clerk, iT.S.Court of i':.;:>pea1.t:, Fifth Circllit., I:e\..~ Orleans, La.... Copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit reversing and remanding to the district court for further proceedings in accordance with the opinion filed and entered (dated Dec.29, 1966) - in file C.A.65-366. ~lIr. 30 Certified copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit dated December 29, 1966 filed - " 30 Certified copy of the U. ~.Court of Appeals for the Fifth CircuIt dated March 29, 1967, on petitions faT rehearing en bane filed " 30( 1Order of the'U.S.Court of Appeals for the Fifth Circuit affirming reversal of th judgments below and the r ..mand of each case for entry of the decree attached t the opinion this day entered - dated Mar.29, 1967 - " ". ( " 30 Mandate of the U.S.Court of Appeals for the Fifth Circuit r~versing the judgment of this court, and remanding to the said District Court for further proceeding in accordance with the opinion ~f that Court filed - dated Mar.29, 1967 ~r. 17 (,I:. Decree amending .. no corrl!cting the deer".. of this court pntered herein on J .. ly 2 1965, pursuant to the manrlate of the United State~ Court of Appeals for the Fif Circuit, received in the offi"" of the Clerk of this ('ourt on March 30, 1967, ordering that the defendants, their agents, offic~~s, employees and successors all those in ..ctive <'oncert and partiri""tim' with them, b", and they ar.. perman enjotned from dhcrimina.ting on the' Hais of race or colo1: in the operation of Jeffprson County S('ho<,l System, and AS sPt out more particlllarly in the hody of decree, they shall take affirmative action to disestahli,h alt school segregati and to pUminatp the effects of the du"l school system, and that cOImlIene:ing with th 1967-68 school year, in accot'danre with this d('crep., all erades, including kind grades shall be desegregal'ed and p"pil$ assigned to schools in th<,se grades Nit
regard to race or color 1 etc., and that def~ndants shall srrve upon op~osinf! va, ies and file with the C}prk of this Court on or hefore May J5, 1<)67. "nd on or b"fo June 15, 1967, and in each s ...bs"!'1uent year on or before June l, a report tabulat' ne hy race the number of choie" apnlications and transfer applications received fnr enrol1~nt in each grade in each school in the system, and the number of choices and transfers granted and the number of denials in each gra 1s.,..., Report of Dr I{,erml t A John, son, Supt, Jefferson County Schools. showi ng name, address dl grade and .chool of choice of students reque.ti ng tT'ansf,:,r and the number of st dents who did not exercise ch,,;ce etc; sh"wing faculty va"anc]!'" by sch<,ols that.hav occurred .ince the court decree giving race and other information: and sho~lng he number of students hy race in each grade of each school, filed (cont.to next pav.e) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 7 of 55 D. c. UnA Rev. Civil Docket Continuation C.A. 65 -396 Date Oro PROCEEDINGS : Judgment to all attorneys of record that plaintiff-intervenor, the United States, w 11 the depositions on September 28, 1967, of Dr.Kermit Johnson at 1:30 P.M., a d of Mr.Charles Vines, at 3:39 P.M., at Room A-400, Jefferson County Courthouse An ex, Birmingham, Ala.etc. filed - copies served by counsel ~ subpoenas issued and del to US Oct. Depositions (2) of Dr.Kermit John"on and Charl~s Vines. taken at: instance of plai tiff intprvenor - The United States - fil~d II 12 31 otion of defendants to dismiss this case filed - taken with the case II 12 -~~bbjections of defendants to motion of plaintiff-intervenor "for further relief\' as .' i to faculty integration filed - taken with the case II 12 ,Hearing before the Hon.Seybourn H.Lynne - motion of plaintiff-in~ervenor for fa0::t: desegration - objections of defendants to said motion - introduction of testim ny by plaintiff-intervenor - !IIII!ti_~lIX~:ax,.~*-xi:~lIi WtiIx:tlblx~xxft:ax:t1lb""':H'x~-dai1y continuance - I 13 earing resumed - testimony by plaintiff-intervenor continued - motion of defendan~ to dismiss - taken under advisement and motions taken along with the case II 2~' Mgtion of plaintiffs for an extension of time of 14 days within which to file II «J": proposed decree, and Order thereon granting filed (Lynne) - copies served by cohnsel Nov. 6;c' laintiff's proposed decree filed - copy served by counsel 1968 ' Jan. 5 Memorandum opinion of the Court on motion of plaintiff-intervenor, the U.S.A., joined by private plaintiffs, to modify the corrected decree entered herein on April 17, 1967, filed and entered (l,ynne) - copies mailed attorneys II 5 ,Order in conformity with the memorandum opinion of the court contemporaneOUSlY,' fUed herewl.th, denyj:ng motion fUed in beha If of plaintiffs to modify the corrected decree entered herein on April 17, 1967, filed and entered (Lynne) _ copies mailed attorneys I II 29?:>'~:-;otice of Appeal by United States of America, pl'li:1tiff-tntervenor, filed - certified "j copies mailed &ttorneys ... i Feb. 15 "s:!~TranSCr1Pt of proceedings on October 12, 1967 filed by Court Reporter Wester - I " 20 Certified rpcord on appeal mailed Clerk,H.S.Court of Appeals,New Orleans,La.- l' II 26.'1 Notice of Appeal by plaintiffs filed - copies served by counsel - mailed to Clerk "t' U.S.Court of Appeals to be included in the certified record on appeal mailed 2 20-68. " 26./, laintiffs' bond for costs on appeal ($250) filed June 4/ I,certified copy of Judpent of United States Court of Appeals issued as and for th~ mandate, together with copy of the Court's Opinion, reversing the Judament of i the U.ited States District Court in this cause, in accordance with the Opinion I of the United States Court of Appeals, filed and entered -(Brown,Chief Judge, : Dyer. Circuit Judge and Garza, District Judllll'-'-.>ated June 3. 1968 ff 20~Qj)rder pursuant to Opinton and Mandate entered by United States Court of Appeals , for the Fifth Circuit on June 3, 1968 reversing this Court's previous decision, and that defendants submit to this Court a plan which provides fOr the complete desegregation of the faculties (including student teachers and substitute teachers) at each school in the Jefferaon COunty School System by the start of t the 1970-71 school year, and as a part of this Plan, defendants shall: 1. Submi to the Court by June 21, 1968 a report verified by the Board, showing by grade, race and school (a) what the Board has done to date in effecting faculty integration, (b) what the Board ia currently doing to effect faculty integratio , and (c) what the BOard's specific goals are with respect to faculty integrationI for the 1968-69 school year; and (2) Submit to the Court by July 8,1968, by grafe, race and school, the number of teachers they expect to employ for (8) the 1969- 0 school year, and (b) 1970-71 school year; and setting for hearing on the facult desegregation Plan submitted by defendants at 10:00 a.m.,on July 23,1968,in United States Courtroom No.l,United States Courthouse and Post Office Bldg., Birmingham,Ala.,filed and entered (Lynne)- copies mailed attorneys ------.".,..",,"""'-,'.",~.-'----"-"----.....------_..- Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 8 of 55 DATE PROCEEDINGS /"", I Date Order or 1968 i ...... ,)C. ~ .Judgment Noted [ne 2I7~eports of J. Revis Hall, SuperIntendent, Jefferson County Board of Education as I I required by decree of April 17,1967 showing report tabulating by race th~ number of choice applications received for enrollment in each grade in each school in : the system; report tabulating by race the number of transfer applications granee' and the number denied in each grade in each school; report stating reasons relie upon for the denial of any transfer requests, etc., filed _ 24~ Answer of the Jefferson County Board of Education, J. Revis Hall, Superintendent, to the June 3, 1968 Decree of the U. S. Court of Appeals for the Fifth Circuit, tion of plaintiff. for order requiring defeDdaat. to .Uba1t to a aew plan for th de.egreaatiOD of all Jaffer.on COUBty Board of Educetion School. filed - copie., .erved by couual • tiOD of plaiutiff-intervenor, hited Stete. of "-rica, for full axchanaa of iuforMtiOD, with Propo.ed Order thereOD attached filed - copies .arved by c al Illy 24 Hearing before the Ron.Seyilouru I.Lynne _ faculty de.egragation plan - tesU_ny of defeadants - cro....xaaduatiOD by plaintiffs and plaintiff- int.rvenor - so ion of defeDdant. to diead.s filed in open court aDd overruled - _tion of dafenda ts to dismias this case, and in the alteraative to abate .... filed in open court and overruled - continued to July 30, 1968, for argu.ent. of couneal " Proposed Plan of the United Ststes for faculty desegregatiOD filed - copies serve by counsel .. 30 'Objectioua of platatiff to the Jefferson County Board of Education's plans for faculty aad etaff "eesregat1on filed " 30 Hearing resumed before the Hon.Seyilourn H.Lynne for argument. on faculty desegrea plan ~ ~ug. 2~ . Order on proposed accelerated faculty integregation filed by defendant Board, and approving the schedule of tescher assignments in the proceas of faculty desesr sation for the forthcoming school year, notwithstanding there are 19 schools i the System which will operate with segregated facilities, and directing the Board to assign at least one teacher of each race to each school under its jurisdiction, provided, however, in the 19 schools located in rural areas the Board must carry the burden of demonstrating by convincing evidence that it is not feasible to integrate the faculties therein, such evidence to contain an analysis of the geographical area served by each of such schools and the locat on with reference thereto of the homes of the teachers employed therein, etc., a that there is no racial designation shown on the list of substitute teachers, the court being of the opinion and so holding thet since substitute teachers ss a general rule are employed in situations of sudden _rgency. the principe involved/rshould be allowed an unfettered letitude of chOice, and directing th Board to file a verified report herein on or before June 2, 1969, showing by grade, race aDd school the nUlllber of teachers actuelly employed during the school year 1968-1969, by grade, race and school the number of teachers it e cta to employ for the .chool year 1969-1970; by race aDd school the number of prin ipa1s and staff member. employed during the school year 1968-1969 and the number it expects to employ for the school year 1969-1970, and by grade, rsce and school the number of studeat teachers within the System in the school year 1968-1969, filed and entered (Lynne) - copies mailed attornlys 19. 9";:>NoUce of Appeal by plaintiffs from Orde}:'. of Ault.2, 1968 fUed - copies served by ounllel " <) .,;, laintiff' 8 costs bond on jllUleal ($250.00) filea ~ .. 12~ Plaintiffs' Designation of "Kecord on Appeal, and Request for immediate certificati n _J and transmittal under Appellate Rule 27(a) and (b) filed - copies served by co nsel II 2 ·'Transeript of proceedings at hearing on July 24, 1968 filed (Reporters Clanton and Zegarelli) II 21~' Notice of Appeal by the United States of America, plaintiff-intervenor, filed copies mailed attorneys for plaintiffs and ~ defendants pt. Designstion of Record on Appeal and Request for Immediate Certification and Transmlttal II filed bv the United Sfates - copies mailed attorneys ( ert 6Q,recora on appea ma11ed Clerk,U.S.Court of Appeal••New Orleans, La.- c nt.to next Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 9 of 55 D, C. 11M Rev. Civil Dotkel Continuation C.A" 65-396-S Date Oro!: PROCEEDINGS Judgment 1 Oct. 145 Motion of plaintiffs requesting an immediate decision or setting and hearing of motions for further relief seeking abandonment of the freedom of choice plan, and reports about such matters as new school construction, etc. filed - copies ..tt'-xat served by counsel .. port of Jefferson County Board of Education required by decree of Apr. 17, 1967 iled Nov. Aaendment to motion of plaintiffa for further relief regarding the adoption of a plan other tban freedom of cloiee in tbe matter of pupil desegregation filed copies served by counsel If 19 4Decree ordering the filing of retorts of the Boards of Education showing present status of student desegregation in each school in esch school system etc., a school map showing the location of each school under the jurisdiction of said Boards and the location of each aite thereof etc., and with respect to special education classes an also with respect to the athletic program under the juris-, diction of said Boards etc., said three reports to be filed not later then Nov.~9, 1968, in each school case filed and entered (Lynne) - copies mailed attorneys : Dec. 2 be· Report of Jefferson County Board of Education pursuant to order of Nov.19, 1968 f~led .. 16 b Notice to the parties that plailttHfs wi 11 take the depOsition of Dr.J .Revis Hall on Dec.23, 1968, at 9:00 A.M., at the Federal Courthouse, in Room 409 etc. , filed - copies served by counsel - subpoena issued and del.to plff's atty Mr.Be~g " 17b!Notice to the defendant that plaintiff-intervenor will take the deposition of I J.Revis Hall, Supt.of Education, Jeff.Co.Ala., on Dec.23, 1968, at 9:00 A.M. in Room 409, Federal Courthouse etc. filed - copy served by counsel - subpoena 1969 issued and del.to Mr.Acton Jan:-l5,p:,Deposition of Dr.J.Revls Hall (with exhihits attached) taken at instance of plaintiffs filed " 21 otice of setting of all pending motions for full hearing on Feb. 17, 1969, at 10 A.M. (Judge Lynne) _11ed attoraay. bf record .. 21~~ Motion of plaintiffs requesting a setting of pending aotiona etc.filed (in C.A.96~8) copies aerved by counsel ! F¥b. lzbSMotion of plaintiff-intervenor. United of America. for supplemental relief, for order enjoining defendants from taking any action in furtherance of school construction projects, except upon a showing by the defendants that such construction will assist in disestablishing the dual school system, and to adopt and implement a plan of pupil assignments, based on criteria other than freedom of choice, designed to fully desegregate the Jefferson COUftty School , , system commencing with the 1969-70 school year etc. filed - copies served by co~nsel Feb. 17~otlon of defendants to dismisS filed - copies served by counsel • l7Hearing before the Hon.Seybourn H. LYBneEon itng!ntiemoMolfs to ab£UahffrUdrne of i ! choicE' plan and to enjl>in"further s~nobjeconsti!uct'onepr~jegn ltc /~n1n'roduetir'n of plaintiffs' testimony - introduction of plaintiff-intervenors testimony daily adjournment - , II 18 Hearing resumed - intervenor's testimony continued - introduction of defendants' ' testimony - cont.to Feb.27, 1969 at 10 A.M. for .~gument of counsel .. 28 Hearing resumed after hearing of Bessemer case, for argument of counsel herein taken under advisement Mar. 307 Report of William T.Clark, Supt.of Board of Education of Bessemer, Ala., attachin copies of a letter sent to the radio, television and news media, together with , copy of letter to parents enclosing choice forms etc. filed .. 71.t:'jMemorandum Opinion of the Hon.Seybourn H.Lynne filed and entered - copies mailed ~ttorne) .. 7&f Order Judgment in conformity with the memorandum opinion of the court contemporanjOUS1Y filed herewith, overruling and denying defendants' motion to dismiss on the gro nd that the single named plaintiff, Linda Stout, who purports to represent a class is no longer a pupil in a public school operated by the defendants, and (avel Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 10 of 55 PATE I PROCEEDINGS / Date Order or ",1:..9,::.6;:.9::-_ Order of March 7th, 1969 continued: ...... i-C:'::"'+');::'-!:."'O;',,·"'<~i_J_U_d_gtn_en_t_N_ot_e D, C. llOA Rev. Civil Ducket Continuation C.A.65-396-S . JOO!~: ?~ ""0< ..,,~;;;- '0 ~"" ...... ,. of '''':::~:~'''''H C... " of ",..", f~ July I t:'I: Notice of Appeal by Alabama State Teachers Association from the order of this I Court denying its motion for leave to intervene 8S party plaintiff herein filed-: copies served by counsel : " 1 ?~r Cost Bond on Appeal ($250) filed - $250 cash tendered in lieu of surety - . II 7 '10 Mandate of the U.S.Court of Appeals for the Fifth Circuit reversing and remanding. for further consideration, pursuant to the opinion of that Court, with Opinion I attached, and taxing costs sgainst appellees as taxed by the Clerk of that Cour~ filed July 2S Cll Designation of Record on Appeal by Alab_ State Teachers AallOciation. Inc., ! Applicant in Intervention, filed - copies served by counsel - J Aug. 11 Plan submitted by the Office of Education of the Department of Health.Education a d Welfare in accordance with Order of United States District Court dated June 27, : 1969, filed - i .. 1~2lNotice of Motion and Motlon of The National Education,Association,Iue., for leave: ! to intervene as plaintiff in thia action, with Complaint in Intervention,attachi' . filed - copie. served by counsel .. lq~!plan submitted by The Jefferson County Board of Education uuder Order of Court I entered June 27, 1969, pursuant to Mandate of the Fi~th Circuit Court of Appeali' together with Appendices 1-6, filed (3 Volumes) II 4 q Petltion of David BoneUa, as father of and Next Friend of wesley Bonella and : Lloyd BonelIa,Minors, eight and six years of age respectively, and others of like status and class, to intervene in this cause, ana'ORBER of Hon.C.w.Allgoo1 denying said Petltion. filed - : .. Motion of The Jefferson County Board of Education that its proposed plan for I compulsory integration of the Jefferson County School System be 'pprovsd and accepted and to di..tS8 this cauae, filed - copies served by couDlel- II 4 'I+J Objections of Plaintiffl' to Intesration Plan aubmitted by The Jefferson County I " 4. On l\9NAU! ~W~ ~!i~.9J:AiN...2f.j:lWL~ aWd JA'~·.lltti?63d .i£e& -of dlendanl If 5 '1'" Ob.fect1.~ 'OY1JnlteQ''Irul't1i8iN'i.'iR'rTe'a:lfY«n1!i'fi';.'fntervenOt';to 'l:lie d'esegrega'tro plan of the defendantl, filed - copies served by counsel II 5 t!9 Opinion of the Han. Clarence W. Allgood filed and entered + copies maned attorne. g Il 5 f () Order on the basis of the findings of fact and conclusions of law set out in separate opinion of the Court in this cause, approving the plan for integration of the Jefferson County School System filed by the Jefferson County Board of Education in this cause on August I, 1969; that the objections to the plan , u !itt .._illItl Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 12 of 55 PROCEEDINGS Date Order or nf9TE Judgment Noted 5 filed on behalf of plaintiff are hereby overruled and denied; and that the motion of the Jefferson County Board of Education to dismiss this cause is treated and considererd as a petition for summary judgment and the court hereby finds and declares that the plan filed by the Jefferson County Board of Education d..s ~diately disailtahlish the dual system and does iamediately , establish a unitary system in Jefferson County, and retaining jurisdiction in I this case for the limited and restricted purpose of supervising the adainistratlon of the plan of the County Board as filed and herein and hereby approved; and. denying petitions for intervention filed in this cause on behalf of David Borel 0, et al ••and that prior order. entered in this causa to the extent consistent with the new plan filed by the County Board and herein a~roved are to remain in effect, and requiring tbe County School Board to report to this COurt, vith copy to tbe parties, any changes in zone boundaries made pursuant to Chapter IV, Part D,(P.19), of the County School Board plan, filed and entered (Allgood)-copies mailed attorneys • .. 6/0 Notice of APpeal by plaintiffs from order o~ August 5, 1969,filed-certified copie mailed Clerk,U.S.Court of APpeals .. 7, aOrder, dated August 5, 1969, that pursuant to the mandate of the Fifth Circuit ~ Court of Appeals, issued June 26, 1969, and in accordance with the decision of , that Court rendered tn that date in United States of America v. Jefferson Count Board of Education, No,27444, and United States of America v. Board of Educatio of the City of Bessemer, No. 27445, there is attached hereto, transmitted and filed with the Clerk of the United States Court of Appeals for the Fifth Circui , the following: (1) copy of the findings, conclusions and order entered in this case, together vith copies of desegregation plans filed by the Jefferson County Board of Education on August 1,1969, and by the Bessemer Board of Education on August 4, 1969,(the time for filing having been extended to that date.);(2)copi s of all NOtions and objections filed in this cause in the United States District Court relative to the hearing of the aforesaid plans,as follows:(a)JefferBon County Board of Education plan - I.Petition for intervention filed on behalf of, David Borello,etc.,et al.,by Ralph E.Cole.an,Eaq.,; it being note. that petitio' filed On behalf of parents of Pleasant Grove by John Schmarkey,Esq.,was made orally. and that both petitions have been denied; 2.0bjections or suggestions filed On August 5, 1969, by the United States Department of Justice: sad tbat by way of further response to the mandate, it is reported to the Court tbat the record in this cause made in the United States District Court consists of the following: (1) Copy of Orders of United States District Court entered in this case on June 27, 1969, in response to the qandate of the Fifth Circuit issued June 26, 1969; (2) The integration plan filed by the Jefferson County Board of Education together with Appendices 1 - 6, Exhibit 1; (3) Desegregation plans filed by the Office of Education,United States Department of Health,Education and Welfare, Exhibit 2; (4) petition for intervention filed on behalf of David Borello,etc.,et al.; (5) Plaintiffs' objections to the plan filed August 4, 196,; (6) Department of Justice's suggestions or objections filed August 5, 1969; : (7) Opinion of this Court, findings of fact,conclusions of law and, by separate, document, the order entered in this csse(No.65-396); (8)The temporary plan file4 by the City of Bessemer School Board; (9) Temporary plan filed by the Office of l Education, United States Department of Health,Education and welfare; (lO)Objec tions to the plan of the Bessemer School Board filed by plaintiffs; (11) Plan filed on behalf of the indiVidual plaintiffs, and tbat this plan was not timely filed and no evidence was introduced in support thereof; (12) Opinion of this Court,including findings of fact and conclusions of law and, by separste Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 13 of 55 D. c. 110A Rev. Civil Docket Continuation CA 65-396-8 Date Ord€ DATE PROCEEDINGS 1969 Judgment: --=-'-'------~·····------I··············~ Aug. 7 document, the order entered in Case No.6S-366; (13) The transcript of the (cont'd)- testimony in this cause which was taken on August 4, 1969. and which obviously could not be transcribed in time to trans.it with this report, filed and entere Aug. IW n&Atl~~is OD Appeal (~250.oo) filed Aug. 8 Certified record Oft appeal from Order denying Motion of Alabama State Teachers Association.Inc.,for leave to intervene, mailed Clerk,U.S.Court of Appeals, New Orleans, La. It 11 Certified record on appeal including the District Court's Report to the Court of Appeals as directed in Opinion of June 26, 1969, mailed Clerk,U.S.COurt of Appeals, New Orleans, La. It tice to defendants that plaintiffs will take the deposition of Revh Hall, Superintendent of Jefferson COunty Schoole, in the offices of Mama and BIker, Room 725, 1630 4th Avenue, North, Birmingham, on Thursday, August 14. 1969, at 10:00 A.M. filed - copy served by counsel " l~ tion of Jefferson County Board of Education to quash subpoena issued to Dr.Revis Hall,Superintendent of Jefferson County Board of Education, and to strike the Notice of Taking ssid Deposition, filed - copy served by counsel " lSICijMOtion of plaintiffs for further relief, fUed - copies served by counsel " 26/O"/ObjecUons and anlWer of defendant, Jefferson County Board of EducaUon to Motion' • of Plaintiffs for further Relief, fUed - copy served by counsel- Sept. 2 IC~Motion of plaintiff for preliminary injunction to enjoin defendants from arbitral' ly , removtng black high school principals from their present positions and arbitrar'ly assigning black teachers to almost inaccessible schools filed - copies served by counsel n 2 Motion of plaintiff for further relief to reinstate any and all black principals transferred since Aug.IO, l~ to their former positions etc. filed - copies served by counsel " 5 Motion of Jefferson COunty Board of Education relating to "Forced School Iutegra tion Plan" fUed Aug.l, 1969 - Woodward J_ior High School and Pleasant GrO'l1e School filed -copies served by counsel Superint4Qdent " 10 Interrogatories of the united States of America, to Dr.J.Revis Hall'/~efferso COunty Board of Education filed - copy served by counsel .. 17 Interrogatories of plaintiff to Dr.J.Revis Hal\, Superintendent of Jefferaon County Schools, filed - copies served by counsel n 29 Transcript of proceedinga before Judge Allgood on Aug.4, 1969 filed by Court .. 3 MotmoS¥--£hie@itll1iStates fqr j>roduetion filed - for order Oct. 3 Motion of the United States, p181ntifl:-intervenor herein,/requiring defendants to show csuse, if any they have, why they should not be adjudged in contempt of court for failure to file reports to the Court required by the courtls order of Apr.17, 1967 snd Aug.5, 1969, etc. filed - copies served by counsel .. 3/n Order upon consideration of the motions of the United States for show cause order, etc. lib requiring the defendant school bosrd to file a report with this Court on or befo e : Oct.20, 1969, containing the informstion required to be file within 15 day. afte the opening of school under this court's order of Apr.17, 1967 as modified by order of Aug.5, 1969, snd ordering the defendants to answer, on or before Oct.2 , 1969, the interrogatories filed and served by the United States on Sept.lO, 196 , the Court reserving ruling on the remaining aspects of the motions of the United States filed Oct.3, 1969, until some time sftel' the defendant sehool board files the report and answers to interrogatories as called for by this order - copy of the motions and affidavits filed by the Government on Oct.3, 1969, were served on counsel for the school bosrd at 8;20 A.M. in Birmingham, Ala., and counsel fa the school board reserves and is given the right to file any appropriate respons ve pleadings, this order being entered without prejudice to that right, filed and entered -(Lyn~) - copies maned attorneys -··~ ______.. ~_._t&'6"'__ 1":1 i ______ Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 14 of 55 / DATE PROCEEDINGS /' I Date Order or (.., !'~.... : Judgment Noted -"'-<'-""'--I1969 --- ct. 2~i7rMotion of plaintiffs to compel answers to InterrOgatorie:by-;~e,;is Hall filed 1 I copies served by counsel " I " 20 rnswers of the County Board of Education of Jefferson County. Alabama, to interrogttories I of the United States of America filed -copies served by counsel I " 20 iReport of the County Board of Education of Jefferson County, Alabama due Oct. 20, 1969 filed - copies served by counse 1 ; I ;c. 5 l"lemorandliffi in support of motion for le~ve to intervene, filed. I Lt, "l't'N' t . I 23 reo lon or p aJ.n,l~"S 0 reqm,re school boards to impIe::>ont mandate of U. S. Sp. Ctt, I fiJ ed - COp:l.8S served by counsel . , ! 3D ;~ot ion of plaintiff's to en.~oin defendants from transferring any school propert~es 'I i etc., filed. , J 30/2.'3: l'lotion of plaiEtiffs for preli'':-.inary injunction in accordar!ce l'lith !notion acovc, .I. LLed., 970 an. 9/2 Copy of order in [;SCA entered Janm.ry 7, 1970, denying petition for rehearing, f"led .. 23 Certified copy of the opinion-order of the United States Court of Appeals, Fifth , Circuit rendered in related school cases, issued as and for the mandate, i that the judgment of the Supreme Court in Carter v. West Feliciaas Parish et Is, Nos. 944 and 972, opinion dated January 14, 1970 reversing the judgment of the Appeals Court in the within mattera rendered sub nom; Sin leton v. Jackson Mutt ci al Separate School District et al. No. 26285. et al., opinion dated December I, 1 69, with respect to the deferral of student desegregation beyong February I, 1970 is made the judgment of the Appeals Court and all other provisions of the orde of the appeals court in Singleton shall remain in full force and effect flIed dated January 21, 1970 (in 65-366) " 23 Copy of the diasenting opinions of Judge James P. Coleman and Judge Charles Clark in the related school cases dated January 23, 1970, in the U. S. Court of Appeals,filed (in 65-366) .. 26 Order,pursuant to the mandate of the United States Court of Appeals for the Fifth Circuit received in the office of the clerk of this court at the close of business on January 23, 1970, ordering defendants to take all steps necessary and proper to merge faculties and staff, transportation, services, athletics and other extra-currivular activities and to merge student bodies into a unitary system not later thlln February I, 1970; and further ordering that defendants file with the court, not Ister than January 30, 1970, a plan design d to implement the foregoing order; and further ordering that certain set out proviaions be a part of any plan designed to effectuate the unitary syatem filed and entered (Lynne) • copies mailed attorneys , 30 Integration plan of the Jefferson County Bosrd of Education effective FebTuary 1, 1970 and appendices filed - copies served by counsel eb. 2 Objections of plaintiffs to the proposed plan of defendsnt school board filed Januart 30, 1970, filed - copies served by counael " 2 Opinion of the Bon.Seybourn H. Lynne filed and entered - copies mailed attorneys " 2/3il Order, in accordance with the Opinion of this Court rendered this date and for stated reasons, approving the plan of the Jefferson County Board of Educatio filed on January 30, 1970, as amended, to implement the Order of this Court : dated January 26, 1970; and further ordering that the defendants be required to promptly implement said plan, as amended, as therein provided to effectUBje the unitary school system as ordered by this Court, and retaining jurisdicti n of this cause for the limited and restricted purpose of supervising the (co ,t'd to ne~ Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 15 of 55 D, C.110ARev, CivllDocketConUnuat1on CA 6S... 396-S If) Date Oro DATE PROCli:EDI~G8 Judgment 1 97Q ~.~~~._._~~.___..~_.___~_.____._~_ ------~·-·-··---I--~ Feb. 2 i Cont'd ' adminietration of the plan of the County Board, ae amended, as filed herein and hereby approved filed and entered (Lynne) - copies ..tIed attorneys / .. 3 I Motion of the City Board of Education of Pleasant Grove for leave to intervene as defendant with Notice of motion attached filed - Defense in Intervention attached - copies served by counsel 2/24/70 Granted (Lynne) Feb. l. t: Interrogatories of plaintiff propounded to J. Revis Hall, Superintendent of Jefferson County Schools, filed - copies served by counsel " 4 Notice of appeal from the Order approving the plan of school desegregation filed herein on January 30, 1970. and entered in this action on February 2, 1970 filed - certified copies mailed to Clerk, U. S. Court of Appeals, New Orlean • LouiSiana, and to counsel for defendants n 4 Bond for costs on appeal, filed n 4 DeSignation of the Contents of the Record on appeal. filed by plaintiffs - appel~ Iants - copies mailed attorneys " 5 Motion of plaintiffs for emergency relief filed - copy served by counsel .. 5 Interrogatories of plaintiff-intervenor propounded to defendant J. Revis Hall• Superintendent of the Jefferson County Schools filed - copies served by counsel " 12 Motion of the United States. plaintiff-intervenor, to amend and alter the court's opinion and order of February 2. 1970 filed - copies served by I· counsel " 1~f0coPY of Order filed in the U. S. Court of Appeals, Fifth Circuit on February 12 ' : 1970. in this action and 65-366 on appeals from this court ordering that ' I I this Court transmit immediately the original record of those portions which : are reasonably pertinent to these appeals. and that each pa1lO" shall within I 10 days file a memorandum brief in four copies. one copy to the Clerk and one copy to each of the judges at their respective home stationa. the briefs , to discuss the substantive issues presented for resolution and requesting th~ i U. S. Attorney General to file a brief amicus with replEs and rejoinder bri~fs , to be promptly filed after the filing of the ..in briefs, filed (Thornberry, I Clark and Ingraham, Circuit Judges) i " 13 Certified record on appeal mailed to the U. S. Court of Appeals, New Orleans i " 13, / Notice that plaintiffs will take the deposition of Dr. William F. Dodson, Assistbnt J'I' Superintendent of the Jefferson County School, st 1:30 p.m. on February 16, I 1970, in the offices of Adams, Baker &Clemon, 1630 4th Avenue, North, I "~ I Birmingham, Alabama, filed - copy served by counsel " 13 ' Notice that plaintiffs will take the deposition of Mr. Charles C. Vines, . Assistant Superintendent of Jefferson County Schools at 3:30 p.m. on February 16, 1970 in the office of Adams, Baker & Clemon at 1630 4th Avenue, North, Birmingham, filed - copy served by counsel .. 13 Notice that plaintiffs will take the deposition of J. Revis Hall, Superintendent of Jefferson County Schools at 9:00 a.m. on February 17, 1970 at the offices of Adams, Baker &Clemon at 1630 4th Avenue. North, Birmingham, filed copy served by counsel .. 18 Notice to defendants and plaintiff that intervenor will take the depositions of the following persons at the office of the Superintendent of Jefferson Count Schools, Room 417 CourtboWle Annex, Binlinghaa: Eddie J. Pruden, Principal. i Minor High School at 10:00 a .m., on Februsry 21, 1970 and teo Willialllll, • . Princ1psl. Welt Jefferson High School at 10:30 a.m. on February 21, 1970, I filed - cppies served by counsel .. 261~t:; Motion of the Jefferson County Board of Education (School Board) for emergency I· - relief and for amendment of the plan filed January 30, 1970, filed - Order thereon setting aame for hearing at 9:00 A.M. Tuesday, February 1~~910- copies served by counsel (over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 16 of 55 11 PROCEEDINGS J DAte Order or tJ7tJTE Judgment Noted eb. 27 Evidentiary Rearins before the Bon. Seybourn R. Lynne - testimony on motion of defendant, Jefferson County Board of Education for emergency relief and for amendment of plan - amended motion for emergency relief by defendant Jefferson County Board of Education filed in open court - testimony on individual . plaintiff'. motion for preliminary injunction to enjoin defendants from removing black high school principals, and further relief to reinatate those principals transferred - testimony on intervening plaintiffs' motion to smen and alter court'. opinion and order - Court grants City BOard of Education 0 Pleasant Grove to intervene as defendant - testimony on individual plaintiff motion regardins Pleasant Grove school system affecting the Jefferson County deaesregstion plan • taken under advisement - written order to be entered (Exhibitsand trial sheet of hearing held on February 21', 1970 placed in lII8nil , envelope with file) ar. 9/ ~ Deposition of Charles Vines, taken on behalf of plaintiffs, filed " 9 Deposition of Eddie J. Pruden, taken on behalf of plaintiff-intervenor, filed .. 9 Deposition of Dr. James Revis Hall, taken on behalf of plaintiffs, filed " 9 DepOSition of Leo H. Williams, taken on behalf of plaintiff-intervenor, filed " 9 Deposition of William F. Dodson, taken on behalf of plaintiffs, filed Y 5 Opinion of tbe Bon. Seybourn H. Lynne, dated April 30, 1970, filed and entered copies ..iled attorneya 51 ~Order Judament, dated April 30, 1970, after evidentiary hearing on the separste motion. of the individual plaintiff and the County Board of Education of Jeffer.on County, Ala he.., and in accordance with the Opinion of this Court, by ae,.rate document thie date rendered and filed; 1. granting the motion of the County Board for emergency relief, as amended, and approving as to each zone named and in.ofar a. the motion of the individual plaintiff is concerned the County Board plan proposed, and the Court approves, re-opening Woodward School to accommodate atudents in Grades 1 - 7 residing in the zone described insofar as the motion of the individual plaintiff is concerned relating to th Sprinadale area, it proposes that all students residing in said zone, Gradea 1-6, attend the Ketona School buildina, and all students residing in said zone, Grades 7-9, attend the Springdale Junior High School building, granting said motion, to that extent, but deferring the attendance until Sept. 1, 1970 in order that the County Board can complete required construction and renova tion; 2. instructinl the Office of Education of the U. S. Department of Healt , Educ.tion .nd Welf.re to restudy the integration pl.n affectins the County School System in rel.tion to f.cilitiea presently available and projected, and to file its report covering such study with this Court on or before May IS, 1970; 3. directin, the County Board to fumilh HEW any information and records requested, etc.; 4. by .eparate order, this Court to designate and appoint a biracial ca.mittee to be composed of theae~ White and three Negro parents with student. attending .chool in the County System, etc. and re queating the bi-racial ca.aittee to .ubmit itl report to this Court on or before May 29, 1970; 5. that any party may file objections and exceptions to any report or plan of HEW not later than June 8, 1970 and setting a full evidentiary hearing on said plans, objections and exceptions for June 29, 1970. at 9:00 •••• ; 6. and lrequesting that HEW and all partiea furnish to and serve upon the other not 1e88 than 35 copies of .ny and all reports .nd ple.dinga filed and the County Board is further directed • at the request of the bi-racial committee. to prepare not lea. than 35 copies of any report filed by it with this Court. and directing the County Bo.rd and HEW officials to confer with the bi-racial committee, .t the request of said committee, exc pt that such conference shall be only between officials of theCounty Board or H without interference with or p.rticip.tion by .ttorn~s of .ny psriie' and s h conference shall be for the purpose of furnishing information or .ecord. req sted by said bi-raci.l committee filed and entered (Lynne) - copie. mailed attorne s ~~ '" ""'"-'"",, __ 92 t • ...... , Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 17 of 55 D. O. l1().A Rev. OlvU Docket Continuation SOUTHERN DIVISION CA 65-396 - DATE Da.w Order PROCEEDINGS JUdgment N __~970~1~~__··~____~____~~~__~~_~~~_~_~~~__···~~ __~ __~____···~_____.. _~___I~__~~ 15 Further study of the desegregation plan for the Jefferson County School Distrl t. Birmingham, Alahau. submitted by the U. S. Office of Education, Equal Educational Opportunities, filed - copies served by counsel .. 15 Notice of Appeal by plaintiffs from the order of this Court entered in this action on May 5, 1970, filed - certified copies mailed to Court of Appeals at New Orleans and to attorneys for defendanteand intervenors II 15 Bond for costs on appeal ($250.00) filed II 25 5(" Orur, elate4., 22, 1970, purauant to the oder ntered hereb. oa April 30, 1970, QO••tituti., a Bi-racial Adviaory Ca..ittee co.po.e4 of: Mr•• Walter Aladerao•• 3168 Star Lake Drive. Bimi.q.a 35226; W. A. LeCroy, Sr•• 629 Kn_d Terrace, Blmi.q.a 35214; Mra. Bnry G. Willia... UD #1, Box 138, 1ft. Olive. Alalll_ 35117; Mr. Beuie Aderao•• 267 Pi.e Street, Hul... Ala.._ 35118, H. L. Foni.., Foni.. Prl1ltin, eo.pa.,., 1421 lIorth 4th Aveaue, I1raiqll.ua 35203; Edwrd Scott, bute 3, lox 23•• Adaasville. Ala.... 35005; aad ....dl.' p.raer.ph 4 of the April 30 order to .~titute for the aU ''MIy 29, 1970" tile ate Juae 1S. 1970, aa4 reque.tia, the ...... of tbe foresoi., cOlllittee to coafer at their earlie.t cowvetiesce with Dr. B.evia HIll, Superiatudeat of lUucat10. of Jefferaoa County••irat...., aad to o.taia fro. hi. copiea of all plaa. a.d report. referred to ia para,raph 4 of eaid order, filed aa4 entered (Lynae) - QOpies _iled to ..ch coa-itte_a aad Dr. Ball n 28 Certified record oa .pp..l ..Ued to the U. S. Court of AppealB, New Or I .... copiea of tra.aaittal letter aad docket eatrie...iled attorneya 8/. 7 Heaoraad_ of Law for the UIIited Stat.. reprdLa, tile creatioa of aeparate acltoo 4iatricta for the cities of Pleasaat Grove, Boaevoo4, aad Yestavia Billa, filed - copies .erved .Y cOUllsel " 8 Motioa of the URited State.. plai.tiff-interveaor to add parties defeadaat .nd for a. order to abow caUle filed - copi.. served by cOUIII.l (La 110_04 City School Syatea) It 8 Motion of the URited State., plai.tiff-intervenor to add parties def.adaat (ia Ye.tavta Bills City Scbool S,.tea) aad for a. order to show cause filed - copie. ..rved .y counsel 8 Motioa of tbe United Statea, platntiff-iatervenor to require the Plea.ant Grove " , Board of Education to show cau.e filed - copiea served by cOUlla.l .. 8/b! 01>jeetio.. of Jeffenon Cotmty Board of Educati_ to II!W plaa filed JURe S. 1970 - ; copiea served Ity coUftlel " 8 Exceptions aad o.jection. hy plaintiff. to tbe plan of a.'ti&e~tl"78iled by th n. S. Depart_nt of Health, IducatiOl aad Welfarel liIell - 'oPte' a.rved by cOUllsel »----8-1'--!••·,.·••• ··'H't.twIt~I.M •••·PI••K.f.4•••I.·I.••••• t , mi.·'..... I••••'·.,...... ·fa...... , ••••".'...... wll, M , ..~ *111...· .."P'N...... ~••••••I " 11 I' Transcript of proceedings held on February 27. 1970, before the Ron. Seybourn H. Lynne, Birmingham, Alabama, filed .. IS~' Transcript of proceedinga filed on June 11. 1970, mailed by certified mail to Clerk, U. S. Court of Appeals, New Orleans, La. - copies of letter of transmittal to attorneys .. IS ~Notice that plaintiff-interveaor, Daited Statea of Americ., will take the , deposltion of Dr. J. levis BIll, Superintendent, Jeffer.on County BOIrd of Education. at 9:00 a.m. on Saturday, June 20, 1970, at tbe office of tbe Jefferson County Board of Educatioe, Fourth Floor, Court Bouse Annex, Biraing1lam, filed - copies .erved .y counsel (over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 18 of 55 (6 0&tf' Order or DATE PROOEEDINOS .,. 1970 ,;.-:c.J IJUdgment Not.el June 16 0-NoUce tbat-j>lainITrf-intervenor, United Stai:esC-::oC D.O, 110A Rev. Cl'vll Docket Contlnuatlon SOUTHERN DIVISION CA 65-396 Date arde Judgment} the information described in attachment "A" filed and entered (Lynne) copies mailed attorneys " 23 1'/Order, on _tion of the United States of AlIII!rica, plaintiff-intervenor, adding the Vestavia Hills City Board of Education and its members, Guy H. Caffey, Jr., Douglas P. Corretti, Bill L. Harbert, Bill C. Htll and Mrs. Sara W. Wuska as parties defendant herein,and ordering that a aeparate trial of the issue. relating to the Vestavia Hills Board of Education be had, and upon full con sideration of the evidence adduced on July 23rd, permanently enjoining the Vestavia Hills Board of Education and members from failing to provide equal educational opportunity to all students residing in that system without regard to race, etc. and further ordering that this severed cause be retained for the purpose of assuring implementation by defendants of the foregoing provisions filed and entered (Lynne) - copies mailed attorneys " 30 Findings of Fact, Conclusions of Law and Final Order of the Bon. Seybourn H. Lynn that the plan filed by HEW on May 15, 1970 is approved except a8 modified by objections of the County Bosrd which are accepted and approved in this order••• approving the organization and implementation of the Pleasant Grove School Syst subject to and conditioned upon the Pleasant Grove School System accepting a minimum of 50 black students for the School year commencing September 1, 1~'0 who reside within an area of 2 miles of the fleaBant Grove School and accepting a maximum of 300 black students for the school year commencing September 1, 197 directing that The Board of Education of Jefferson County,A1abama, and its officers, etc. shall henceforth operate .. a unitary school system as described 1n this order, etc.; that the assignment of students, faculty and staff in accorda ce with said plan shall be effective for the school year beginning September I, 1970 and thereafter; continuing the bi-racial committee, constituted by order entered herein on May 22, 1970, for the school year commenCing September, 1970; provided however that Rev. O. V. Portor, 605 Main St. Warrior, Alabama, is appointed a member thereof, vice, Mr. M. L. Forniss, whos~ resignation is hereb accepted, and directing the members of such committee~ei mutually convenient date before the opening of schools in September, 1970, and from time to time thereafter as the need may arise; and directing defendant Board to create a bi-racial committee, consisting of three parents of pupils attending schools, in each of the zones approved by this order and it shall be the function of such three-member committees to communicate to the defendant Board, through the six-member bi-racial committee, their observations relating to the operation of the unitary school system hereby established; and directing the County Board of Education on November 1, 1970 to file in the Office of the Clerk of this Court a report eputaining the information specified in Appendix B to this order con cerning students, faculty, transfers, attendance outside system of residence and construction, and theCourt to retain jurisdiction to review the progress of desegregation filed and entered - copies mailed attorneys July 31 Notic. of plaintiff of appeal from order entered July 30, 1970 - filed - certifi.d eopies mailed to Clerk, U. S. Court of Appeals, New Orleans, La. and to attor 8 for defendants " 31/7 Bond for costs on appeal ($250.00) - filed Aug. 1~7~Certifi.d copy of order of the U. S. Court of Appals for the Fifth Circuit granting .pp.ll•••• aotion to di-.1•• this appe.l dat.d August 7, 1970, filed (BefOre Thornberry, CI.rk .nd Insra"a, Circuit Judlel) " 13 Certified record on appeal (without transcript and exhibits) mailed to Clerk, U. S. Court of Appeals, New Orleans, La. - copies of dock.t entries with letter of transmittal mailed to attorneys (over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 20 of 55 =~.~~~p.~===-=...==~== = /t ~== /09';:;"" DATU PROCEEDINGS /J I Da.~ Order or 970 '/ JUdgmen' No""" .." _...._~__~_ ..._ ..~_"._...... -LC>.- ... --__ ,ua. 17 71 Notice of appal by the Unit... St.te. of Alleric. of tbatpart of the Order is.ued on July 30, 1970. pert.ininl to the Pl....nt Grove School By.tea. , .nd tbat part of the Order pertaining to the Jeffer.on County School sy.tel· necea..rily affected by the PI....nt Grove provision. filed - certifi... copi.. _Ued to U. S • Court of Appeals and to counsel 21 Transcript of proceeding. before the Bon. Seybourn H. Lynne on June 29 - 30, 1970 filed - (2 volumes) I " 21 I Transcript of proceeding. before the Bon. Seybourn H. Lynne on July 23, 1970 . fil... I " 21 Additional record on appal,conai.ting of transcript of proceeding. on June 29-~O and July 23, 1970, with exhibit. and the Notice of Appeal by th. United J Stat. of ...rica...n.d to New Orleana - copy of tranamttal letter _n8 .. 4/ 1Motion of plaintiffs to cite J. Revis lIall, as Superintendent of Schools for the - I . Jefferson County School System for contempt for faUutato obey judgment ;', '/ .' " of this Court entered July 30, 1970, filed - copies served by counsel 30 Report of the City of Homewood School System filed - copies served by counsel Ict. I Report of the Board of Education of the City of Vestavia Hills, Alabama filed copies served by counsel Nov. 2 Report of the JEFFERSON COUNTY BOARD OF EDUCATION filed L971 reb. 12 Report of the City of Homewood Board of Education filed .. 16 Report of the City of Vestavia Hills, Alabama Board of Education filed " 16 Request by United States of America, plaintiff-intervenor for production of documents by the Jeffer.on County Board of Education and Superintendent Revis HIll filed .. 16 ~I Interrogatories by plaintiff-intervenor, The United States of America propounde to the Jefferson County Board of Education and Superintendent J. Revis . lIall filed - copies serv'" by counsel lar. 22 I l,;Jlotice that Norman C. AlIlIIker is no longer connected with the legal staff of the NAACP Legal Defense Fund and withdrawing his name from this case filed -I' copies served by counsel Iy 13/ ?, certified copy of order of the U. S. Court of Appeals granting appellant's .. ' motion for leave to supplement the record on appeal by including the i report of the Jefferaon County School Board filed in the United States District Court on November 2, 1970 filed - (Before Circuit Judges Thornberry, Clark & Ingraham) 24 Motion of plaintiffs for further and immediate relief filed - copies served by JI counsel 24 lnterrogaooies by plaintiff propounded to Charles Vines, Assistant Superintenden, of Jefferson County Board of Education filed - copies served by counsel ~' If 26 Second interrogatories by plaintiffs propounded to J. Revis Hall, Superintenden , Jefferson County Schools, filed - copies served by counsel If Motion of plaintiffs to enjoin construction and institution of a new high school in the Edgewater Community filed - copies served by counsel une Original record on appeal received from U.S. Court of Appeals - receipt acknowle ged If Second suppl~enta~ record on appeal received from Clerk, U. S. Court of Appeals Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 21 of 55 D. Co 11M Rev. Civil Docket Continuation SOUTHERN DIVISION ======CA==6=5=-=3=96======#,1I4~======c====. Date Order DAn PROCEEDt.~GS 1971 I: Judgment Nt July 1 •qp Motion of plaintiff for pretCit=mi=n::a=r=y:-7i=nCij=un=c=ti:'i'o=n=:--Ca=n=a""-'aTe:Cc:"lr.a:':r"'a"t"'o::-:r::y::-:r::::e"'l"i"'e"f,.-:cwt:7-.:e"'h:--' regard to transfer of properties by the Jefferson County Board of Education to the City of Midfield filed - copies served by counsel - del. to Judge Brooms • .. 21 I') Certified copy of the order-opinion of the U. S. Court of Appeals issued as and for the mandate July 16, 1971 as to the Board of Education for the City of Pleasant Grove, vacating the order of the district court under revi w and remanding cause with direction to implement fully the uniform provisio s of decision in Singleton as relate to desegregation of faculty. staff. etc • and to require filing of semi-annual reports, etc. filed (original and supplemental records, together with envelope of exhibits returned) " 22 Order setting a hearing on the desegregation plans filed by the Boards of Education on August 6, 1971, and on the objections thereto filed on August 12, 1971, as to the Jefferson County Board of Education, Pleasant Grove Board of Education, Homewood Board of Education, Vestavia Hilla Board ' of Education and the Midfield Board of Education, before Judge Sam C. POinter, Jr. at 9 a.m. on August 16, 1971 filed and entered (Lynne) em l " 22 Order, pursuant to the mandate of the U. S. Court of Appeals, that the Boards of Education for Jefferson County, Pleasa~t Grove, Homewood, Vestavia Hills ,nd Midfield collaborate in preparing a uniform desegregation plan, said plan to be filed no later than August 6, 1971 and all parties to submit objections by August 12, 1971; and on each September 30 and January 30 the said Boards' . are directed to file reports filed and entered (Lynne) cm by U. S. Attorney " 22 Order of July 22, 1971, returned executed July 26, 1971 on City of HomeWOOd; on Jij1y 23, 1971 on Jefferson County; Vestavia Hills; Pleasant ~rove and City of Midfield, and filed " 30 Cost bill of plaintiff filed - copy served by counsel Aug. 5 Plan of desegregation by the Board of Education of the City of Homewood filed copies served by counsel - copy sent to J. Pointer " 5 Plan submitted by,the Board of Education for the City_ of Vestavta__Hills in accordance with thisCourt's order of Jui, 22, 1971 for incorporation into the Jefferson County Plan filed August 4, 1971 - copy sent to J. Pointer .. 6 Plan of desegrer,atior for the City of Midfield pursuant to the order of this Court entered on July 22, 1971 filed - copy sentto J. Pointer .. 6 Plan of desegregation for the City of Pleasant Grove filed - copy sent to J. Poi ter .. 9 Jefferson County School Plan filed - copy sent to J. Pointer ~ " l~; Objections by plaintiffs to the desegregation plan submitted by the City of Vestavia Hills filed - copies served by counsel " 11 Costs taxed by the Clerk - bill mailed attorneys for defendants " 12';1../!) Plan and memorandum of the \Jefferson County School Board (2nd part) filed copy del. to J. Pointer n 12 Objections by plaintiffs to the desegregation plan submitted by the City of Pleasant Grove filed - copies served by counsel copy del. to J. Pointer " 12 Objections by plaintiffs to the desegregation plan submitted by the City of Midfield filed - copies served by counsel copy del. to J. Pointer .. 12 Objections by plaintiffS to the desegregation plan submitted by the City of Homewood filed - copies served by counsel copy del. to J. Pointer .. 12 Objections by plaintiffs to the plan of organization filed by the Jefferson ... County School Board on August 9, 1971 filed - copies served by counsel copy del. to J. Pointer " 13,2/ 'Motion of plaintiffs for order joining George Corley Wallace, individually and as Governor of the State of Alabama, a. a party defendant, filed • copies served by counsel - copy del. to J. Pointer (over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 22 of 55 DATE I PROCEEDINGS / /\ ~ : J::~:-O~~ 1971 L~ lug. l3i'C:>MOtiOn of plaintiffs for preliminary and permanent injunction filed .····~op:.l:es·--i········---- served by counsel • Notice of MOtion attsched copy del. to J. Pointef If 13 Revised objections by plaintiffs to the plan of organization filed by the , Jefferson County School Board on August 9, 1971 filed - copies served by I counsel - copy del. to J. Pointer " 13 J.il. Response of the United States to the desegregation plans filed by the defendants I filed - copies served by counsel - copy del. to J. Pointer It 16 hearing before the Hon. Sam C. Pointer, Jr. - Motion of plaintiffs to add 1& Governor George C. Wallace as a party defendant denied - Request of priva e plaintiff for relief filed - Arguments by counsel - Conclusions stated by . the Court to proceed forward to fashion an acceptable plan - Daily adjour :_ ment " 18 Hearing resumed • Statements by the Court as to the conference dictated into record - Statements by counsel - Defendant's testimony - Defendants rest Conclusions by the Court dictated into the record - Written order to be entered 18 ~ 9Clerk's Court Minutes entering Judgment on Decision by the Court that this case having been heard and conclusions dictated into the record, a written order will be entered - filed and entered .. 24 Order in response to the order of remand from the U. S. Court of Appeals and up consideration of evidence taken and arguments made in open court and in chambers as to the Jefferson County Board of Education, Board of Education of the City of Pleasant Grove, Board of Education of the City of Homewood, Board of Education of the City of Vestavia Hills and Board of Education of the ~ity of Midfield filed and entered (Pointer) - copies served Aug. 24 by U. S. Attorne, upon himsel.f, Department of Justice, plaintiff, Superin tendent of Education of Jefferson County and the individual board members; Aug. 25, 1971 copy del. by us to Mr. Virgil Nunn on behalf of Homewood; Aug. 25, 1971 copies del. to U. S. Marshal for service on counsel for Pleasant Grove. Vestavia Hills and Midfield; Aug. 25, 1971 copies mailed to NAACP; Gray, Seay & Langford and Beavers, Shannon, Harriaon & Qdom " 25 Order, upon consideration of the August 24, 1971 letter and motion of the Jeffers n County School Board requesting a mo.ification in the Aug. 24, 1971 'court approved desegregation plan with respect to the Graysville and Minor zones, amending said plan in accordance with the set out provi~ons filed and ent ed (Pointer) em . 26 Notice of Appeal by plaintiff from the final order of this Court dated August 24 1971 filed - certified copies mailed to U. S. Court of Appeals and parties 26 Cost bond On appeal ($250.00) filed " 31 Notice of cross appeal of defendant-intervenor, Board of E~cat1on of the City 0 Pleasant Grove filed - certified copies mailed to Clerk, U. S. Court of Appeals and attorneys .. 3l~(::" ,: Cost Bond on Appeal ($250.00) filed of Aug. 24, 1971 pt. 1 Marshal's return showing service of order/on Dr. Revis Hall, Jefferson County Board of Education On August 24, 1971 and On McEniry, McEniry &McEniry Attorneys for Pleasant Grove on August 26, 1971; on U. W. Clemon on Aug. 2 , 1971; on Robert Vance, Attorney for Vestavia HtU! and Norman K. Brown, Attorney for Midfield on August 26, 1971, and filed 8 .~~:. 0 Amended Order, in response to petitions for modii; Gation and clarification filed by several of the defendant boards of education, amending the orders of August 24, 1971 and August 25, 1971 filed and entered (Pointer) cm 8 .. '/ Petition of Jefferaon County Board of Education for modification and c1arificati n " \ of orders entered August 24, 1971 and August 25, 1971 fUed in open court by the Hon. Sam C. Pointer, Jr. on September 3, 1971 - coptes served by cOUll.el Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 23 of 55 PROCEEDINGS Date Order Judgment Nl Sept. 8 (i)~""cc'C';';:Mo=t~i;-o~n:--o~f;:-p:-;l;-a-:i;-n-:t-:i:-:f;C;f;-;f;-o-r----;f;-u-r-:-t~h-e-r-r-e~l-:-i-e-::f:-::f;-i;-l-e-::d---co-p-:-ie-s-,,-e-rv-e-d-b-y-c-o-un-s-e-l---~ copy sent to J. Pointer .. 8 Motion of plaintiff for injunctive relief barring students and parents from "sitting in" at $choob other than the ones into which they are zoned filed - copies served by counsel copy sent to J. Pointer 11 9 "j ,', ; Transcript of proceeding. beginning on August 16, 1971, before the Hon. Sam C. Pointer. Jr. (3 volumes in triplicate) filed 11 10 Certified record on appeal and cross appeal mailed NO - copies letter of transmittal and docket entries mailed to attorneys " 14 P:: I Motion of plaintiffs to enjoin operation of the Pleasant Grove School System, , or alternatively, motion to cite for contempt for failure to obey judgment filed - copies served by counsel " 14 ~rder directed to the Pleasant Grove School Board and Superintendent of Schools Richard McBride to show cause on September 16, 1971 at 4:00 P.M. in the Courthouse why the relief set forth in the plaintiffs motion of September 14th should not be granted and directing the Marshal to serve a copy of this order on the Board and Superintendent filed and entered {Pointer} copies del. to U. S. Marshal 11 16 On Hearing before the Hon. Sam C. Pointer, Jr. on show cause order of September 14, 1971 regarding the Pleasant Grove School System defendant's answer to motion for injunction or petition for contempt filed - questions by the Court to defendant in regard to answer plaintiff's response to defendant's answer and the COurt's question plaintiff's testimony - plaintiff rest - defendant's testimony defendant rest - case taken under advisement - decision to be entered September 17, 1971 - request by U. W. Clemen for attorney's fee to be con sidered by the Court " 16 ': Clerk's Court ;Hnutes that this case be taken under advisement - order to be entered filed and entered .. 17"J ,IPetition of the Jefferson County Board of Education for emergency relief and for modification of orders entered August 24, 1971, August 25, 1971 and September 8, 1971, with Appendix A abd Appendix ~ attached filed ~opies served by counsel - del. to J. Pointer 11 20 Memorandpm of Opinion (Transportation -- Pleasant Grove) of the Hon. Sam C. POinter, Jr., dated September 18, 1971, filed and entered - em " 20,(( " Order, dated September 18, 1971, as to Transportation - P1easllnt Grove ordering said board prior to 8 a.m., Tuesday, Sept. 21, 1971 to purchase three school buses from surplus buses offered for sale by the county board; that commencing with Tuesday, September 21, 1971, said board shall provide free transportation for all students residing outside the city limits of Ple.sant Grove, etc. and if said board aannot operate its school system with the requirements imposed herein, it has the right to transfer responsibility of public education within the Pleasant Grove zone to the Jefferson County Board of Education, and directing the said Board to file, by 1 p.m. Friday, September 24, 1971 a written notice indicating whether it has elected to continue its operation of the Pleasant Grove School System or transfer all responsibilities to the Jefferson County Board of Education; and directing that a copy of this order be served upon the members of the Board, theSuperintendent and the Superintendent of the Jefferson County school system, and copies to be served on all other parties and the Court of Appeals filed and entered (Pointer) cm as directe 11 20 Copies of motion, answer, memorandum opinion and order (Pleasant Grove School System) mailed to Court of Appeals as directed by the Court 11 20 370rder to show cause returned September 17, 1971, executed on ~~~n;-i~~~~rd of Education and Superintendent on September 15, 1971, and filed 0' e: Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 24 of 55 · I Date Order or .9~fTE I .... . PROCEEDINQn ...._~___ ...._ ___.../I.fl",_.__:Judgment Not. :ept. 23 j:\1 Opinion and order dated September 18, 1971, returned, executed September 21, I· I 1971 by service on Dr. J. Revis Hall, Jefferson County Board of Education, : and filed \I 23 Notice of appeal by United States of America, plaintiff-intervenor, of the order entered on September 8, 1971 filed - copies mailed " 24 Notice of the Board of Education of Pleasant Grove, in obedience to this court' order of September··18,1971, . to ;perate its own system without transporta tion filed - copies served by counsel " 27 Order Judgment, dated September 24, 1971, that Notice of Pleasan~ G3UVe Board of Education to operate its own system without transportation, does not constitute a notice to operated its system in accordance with the decrees of this court; and accordingly, deeming said board has elected to transfer responsibilities for public education to the Jefferson County Board of Education; such transfer to be effective as of Monday, September 27, 1971; and further ordering that to the extent said Board, et al fail to executed any documents needed to effect such transfer directing the Clerk to perfo such acts, and that this order be taken as JUDGMENT divesting the said Boa d and investing the Board of Education of Jefferson County with all real or personal property of the Pleasant Gove Board of Education effective September 27, 1971 filed and entered (Pointer) cm " 28 Notic" of defendant-intervenor, Board of Education of the CitL_of'?l.e.'l.san.t__Qr.".v of cross app"al from final ord"r entered on S"pt"mber 8, 1971 - fUed copies mailed Clerk, U. S. Court of Appeals, New Orleans, La. and attorney " 28 II";: Bond for costs on cross appeal (~250. 00) fned " 29 Non-Racial objective criteria of the City of Homewood filed - copies served by counsel :t. 1 Notice of appeal by defendant-intervenor Board of Education of City of Pleasant NGrove from the final orders of this Court entered on September 18th and 24th, filed - em " 1 Cost bond on appeal ($250.00) filed 5 Designation of record on appeal by the United States, plaintiff-intervenor and amicus curiae and appellant herein filed - copies served by counsel " 5 Motion of United States of America, plaintiff-intervenor for order to enforce zone lines filed - copies served by counsel '?Transcript of proceedings on September 16, 1971, before the lion. Sa.. C. Pointer, Jr. (in triplicate) filed 6 Certified record mailed to U. S. Court of Appeals (U.S.A. and Pleasant Grove) no exhibits 7, Notice ~h~t.plaintiffs till take the deposition of Charles Vines, Asst Super intendent of the Jefferson County School System at his office at 9:00 a.m. on October 12, 1971 filed - copies served by counsel 14 Notice (letter) to remove nsme of Norman K. Brown as attorney for the Board of Education for the City of Midfield, Alabama as the firm of McEnlry and McEniry are attorneys for the said board filed - copies served by counsel 14 Order setting a hearing on the motion for order to enforce zone lines filed by the United States on October 5, 1971, before Judge Pointer in Birmingham at 9 a.m. on October 20, 1971 filed and entered (Pointer) - copies del. to U. S. Attorney for service " l8,, D. C.llIlAR.v. OMI DocketOO'lUnuatio. SOUTHERN DIVISION .....__~CA 65-?96__ _ MA' .-======~=====~~====-p== PROCEEDINGS Date Ordel Judgment N ------_._- Oct. 1 >5tReport of the Homewood City Board of Education filed - copies served by counsel .. 20 Hearing before the Hon. Sam C. Pointer, Jr. on motion to enforce zone lines file by the United States On October 5, 1971 - motion for emergency relief'and for amendment of the Gardendale and Mbnor zone lines filed - defendant's reply to motion for order to enforce zone lines filed - oral motion by defendant's attorney Hugh Locke to quash subpoenas - denied - arguments by counsel - plaintiff's testimony - stipulations agreed to by the parties entered into the record - Court adjourned - case continued to October 25, 1971, 9:00 a.m. n 21.;/ S Report of the Jefferson County Board of Education filed - (cardboard box full) " 21 I Report of the Board of Education of the City of Midfield filed October 20, 1971 I copies served by counsel " 21,,'};7 Report of the Board of Education of the City of Vestavia Hi lIs filed October 20, , 1971 - copies served by counsel .. 25 Hearing resumed - plaintiff's testi~ony coati~ued - plaiatiff rests - Defendant' testimony - Defendants rest - Memorandum filed by plaiatiff - Arguments by couDsel - Court's findings dietated iDto the record - order to be entered by the Court .. 25~5,>'Clerk'lI Court Minutes enterill!! judgment Oft decision by the court that findlll.gs of fact having been dictated into the record, a written order will be entered - filed and entered " 26 Motion of plaintiff for emergency relief filed - copies served by counsel Nov~ I Order, upon consideration of the Petition for Removal and Consolidation filed b intervenor-ppaintiff, the United States of America, and of the motion for emergency relief filed by the plaintiff, that the named persons, being part' s to cases 168-839 and 168-840 now pending in Circuit Court of Jefferson Coun , show cause why an injunction shmuld not be granted by this court staying pro ceedings in such cases and directing such parties not to enforce or be boun by such proceedings; the parties to file their response to this order by November 15, 1971, at which time the court will determine whether a factual hearing is necessary in connection therewith, and directing that a copy of this order be served 9pon Palmer W. Norris and James H. Faulkner, attorneys for complainants in such proceedings and upon Maurice Bishop, atborney for the school board and upon such of the named parties as to whom acceptance of service is not made by their attorneys filed and entered, and dated October 29, 1971 (POinter) copies mailed as directed .. IOrder, dated October 29, 1971, on the motion of plaintiff-intervenor, the United States of America, to enforce zone lines in the QI~ysville school attendance zone and student assignment provisions; that students listed On Attachment A shall be assigned and transferred to Graysville High School effective Spring, 1972 semester and records pertaining to such students maintained by Minor High School be transmitted to Graysville High School prior to the commencement of such semester and academic credit will be allowed only if such students enroll and attend Graysville School; and further ordering the Jefferson County Board of Education to conduct an investigation to determine the proper attendance zone of every other 10th or 11th grade student now attending Minor High School who at some prior time attended Adamsville Elem. School, Ada~vil1e Junior High School Graysvi Ie Junior High School, Graysville High School, Brookside Junior High School, or' Minera 1. Springs Elem. School and the findings of the Boa rd to be reported to the court by December 1, 1971, giving notice to parents, etc. and if there is disagreement with such finding, application may be made within 10 days thereafter to the court for a hearing on such residence and encouraging the parties to suggest to the court by November 15, 1971 the names of persons fo possible appointment by the court to the committee to recommend·t~ansfers because Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 26 of 55 PROCEEDINGS De.~Ol"4eror DATE I Judgment Noted 1 Q71 , ______lov. 1 L of hardship, etc. filed and entered (Pointer) copy hand sel. to Mr. Bishop and copies mailed to all other counsel " 15.;(1 otion of Charles Owens, Sinda Lou Owens, Major A.caldwell, Marvelene caldwell, Charlie MCDaniel and George E. Stripling to dismiss its order dated October 29, 1971 filed - del. to J. Pointer .. 15 Special appearance of the Jefferson County Board of Education and motion to strike petition for removal and consolidation purported to have been filed in this cause on October 18, 1971 filed - copies served by counsel (copy del by atty tc .. 15 Motion of the Jefferson County Board of Education,without waiving its special(J. Pointer of appearance and motion to strike, to remand the described cases to the Circui (pleading Court of Jefferson County filed - copies served by counsel (11/15/71 .. 15 Response of the Jefferson County Board of Education to the order dated October 2 , 1971 filed - copies served by counsel .. 15 Notice of appeal by the Jefferson County Board of Bducation from the order rende ed October 29, 1971 relating to student attendance at Minor High School filed cert. copies mailed " l!bl, '/Designation of record on appeal by the Jefferson County Board of Education filed copies served by counsel .. 24q ::,NoUce 4irected to the Bon. George C. Wallace, Governor of Alait.,.., and to Hon • (, William J. Baxley, Attorney General of Alabama, that the Court will receive on or before December 3, 1971, briefs or other legal memoranda in support of the ConititutiORa1ity of Act No. 1418, 1971 Regular Session of the Alabama Legislature; the Constitutioaality of this Act may be involved in .n ancil lary proceedings now pending in this Court; details of matters involved 1n this proceeding may be obtained from the Court files in this Court or by COlnUl'lLcation with Hr. Ray Acton, Asst. Attorney General;for the State of Alabama, or Judge SaM C. Pointer - issued - forwarded by certified mail to Gov. George C. wallace and Attorney General William J. -.xley .. "~',,)' Transcript of proceedings held on October 20, 1971, before the HOIl. Sa.. C. Pointe, Jr. (3 volumes) filed 1n triplicate .. 29 Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans, La. - exhibits included as #8 - copies of tranSMittal letter with docket entries mailed to attorneys c. l~ !ONotice that plaintiff-intervenor, United States of America will take the depositions of: William D. Baker at 9 Ii .m.; Amos M. Sewell at 9: 45 a.m.; Charles Vines at 10:30 a.m.; Lillian P. Sanderlin at 11 a.m.; Charles A. Brown at 11:30 a.m.; Lorenza Mccarthy at 1:30 p.m.; John P. Smith at 2 p.m.; John S. Jackson at 2:30 p.m.; William Hawes at 3 p.m.; Dr. J. Revis Hall at 3:30 p.m. and William Burkett at 4p.m. on Tuesday, December 7, 1971 at the Superintendent's Office, Jefferson county Board of Education, filed copies served by counsel 3,:{ Nemorandum of Opinion and Order of the Hon. Sam C. Pointer, Jr. dec laring that Alabama Act No. 1418, 1971 Regular Session is unconstitutional; that for the remainder of the Fall 1971 semester, Susan Stripling shall be permitted to renan as a student at Concord E. S. and Steve Owens, Frances Owens, Robert Allen Caldwell, Debra Caldwell shall be rermitted to remain as students at Leeds E. S. and for the Spring 1972 semester such students shall be permitte to attend Jefferson County school only in strict conformity with the provisions of the "desegregation plan' then in effect for such system, that Charles Owens; et 131 and the Jefferson County Hoard of Education are enjoine from enforcing or relying upon Alabama Act No. 1418, and from further I rose- cution, etc. or otherwise being bound by cases No. 168-139 and 168-140 presently pending in the Circuit Court for the Tenth Judicial Circuit of Alabama; and d!'nying arplications for other relief by the federal court plaintiffs or intervening plaintiff, specifically the award of attorneys fee r. p npyf' 0:<0':> Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 27 of 55 D. C. llOA. Rev. Civil Docket Continuation SOUTHERN DIVIS!Or-~ CA 65-3<:)6 Date Orde. DATE PROC1!.mi'DINGS 1971 Judgment :r.; Dec. 3 CI and direcing th~ attention of all parties to Part III of Singleton v. Jackson Municipal Separate S"hool District, with the change that three legible copies of all matters pertinent to the issues presented on an appeal are to be filed and nO extension from tht' schedule will be allo,,,,,d except by order of the panel of the Fifth Circuit to which the IlI,peal is assigned filed and entered (Pointer) em attorneys of record, to the Governor of Alabama and the Attorney General " 7{). cJ (:;. Order. dated December 3, 1971, pursuant to provisions of Pa'ragraph 5 of the I order dated October 29, 1971 and filed November I, 1971, appointing the following persons to constitute a special committee for the purpose of rulin, on applications for transfer within the Jefferson County School System under provisions of Paragraph IV (e) of the order of September 8, 1971, and for such other related activities that may be directed by the Court: Dr. Gordon Goodall, Mrs. Ronald Kent, Mr. W. A. LeCroy, Mr. Edward Scott and Mr. Lewis White, filed and entered (POinter) em to counsel - copies left in Judge's office for committee members .. 30 Motion of defendant-appell.nt, Board of Education of Jefferson County, Alabama, to dismiSS appeal filed - copie8 served by counsel " 30 Order on motion of defendants-appellants dismis8ing appeal filed and entered (Lyane) - certified copies ..iled Clerk, U. S. Court of Appeals and attor.ey~ for appellees (Uecord r~turlCed from ?i~'J Orleans 1/6/72) " 30 Notice of appeal of Charles OWens, Sinda Lou OWens, Major A. Caldwell, Marvelen, Caldwell and Charlie McDaniel from order entered on December 3, 1971, .eclar ing Alabama Act #1418, 1971 regular sess10n, unconstitutional filed certified copies mailed to Clerk, U. S. Court of Appeals and to attorneys " 30 Appe.l Bond ($250.00) filed " 30 Notice of appeal of George E. Stripling from order entered on December 3, 1971, declaring AI..... Act 11418, 1971 regular se88ion, unconstitutional filed certified copies mailed to Clerk, U. S. Court of Appe.ls and to .ttorneys " 30 Appeal lond ($250.00) filed 1972 Jan 4 Designation of record on appeal of Charles OWens, Sinda Lou OWens, Major A. Caldwell, Marvelene Caldwell and Charlie McDaniel filed - copies served by counsel " Designation of record on appeal of George E. Stripling filed - copies served by counsel " 7 Certific.tes of service (2) of designations of record on appeal filed .. ll~~f I Notice to parents that on SSturday, January 15, 1972 at 9 a.lII. in Chambers the Court will provide an opportunity to submit additional evidence re garding proper attendance zone for child and although informal, to be prepared to substantiate claim for attendance at Minor issued by the Clerk mailed by certified mail .. 11 Letters mailed to parents of children allowed to continue to attend Minor High School .. 13 Certified record On appeal mailed to Clerk, U. S. Court of Appeals, New Orleans, La. (re anti-bussing act) - copies of docket entries and transmittal letter mailed attorneys " 19 Certified 8upplemental record oa appeal mailed to Clerk. U. S. Court of Appeals, New Orleans, La. at oral request of attorneys for .ppellants - copies of tran••ittal letter .nd doeket entriel mailed attoraeys (over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 28 of 55 DATE PROCEEDINGS I Date Order or :..;_9:..;7c...;2,-,...--_i ____L5Q=-___ Judgment Noted Jan. 27if::",APPHCStiOn of the United States, Plaint.iff-intervenor for order to show cause as to the Leed~~lementary School, with affidavit of Paul F. Hancock, attorney for the United States attached - copies served by I counsel del. to J. Pointer Application of Janie Ruth Jones, Lelia Mitchell, Essie Mae Brooks and Verna Rose, parents of black children, for temporary injunctive relief in ,~b' 3 • assignment of students in the Leeds School Zone filed - copies served by counsel del. to J. Pointer 3 Depositions (10) of J. Revis Hall; William Hawes; William Baker; Charles C. Vines; Lorenza Mccarthy; John S. Jackson; Charles A. Brown; Lillian P. Sanderlin; John T. Smith and Amos M. Sewell (with exhibits in brown manila envelope attached) filed 10 Peti'tion of the Board of Education of the City of Homewood, Alabama for additional relief and approve the proposed construction of the high school filed - copies served by counsel (copy del; to J. Pointer by couns' ) 1l:~'~ 'P Petition of the County Board of Education of Jefferson County for authority > -.' , -to,purchase site and construct elementary and junior high schools on said site (Chapel Hill School Site) filed - copies served by counsel (del. to J. Pointer 17 Certified copy of order of the U. S. Court of Appeals denying appellants' request for a stay of the, injunction issued by the U. S. District Court on December 3, 1971 filed 18 Report of Jefferson County School Board dated February 1, 1972. filed .. 22 Report of Midfield City Board of Education dated January 31, 1971, filed copies served by counsel .. 22 Report of Ho.ewood City Board of Education filed - copies served by counsel .. 24 Report of the City of Vestavia Hills Board of Education filed - copies served by counsel .. 29 Certified copy of order of United States Court of Appeals, Fifth Circuit, as to Jefferson County Board of Education, denying appellants' - Charles Owens, et aI, request for a stay and restraining order gainst plaintif£ intervenor filed (Before Thornberry, Clark and Ingraham, Circuit Judges) lar. 2.;( " Order. in response to the application filed on January 27, 1972 by the United States, ordering Mr. Joe A. Sheppard, Principal, Leeds Elementary School, to appear on March 11, 1972, at 9 a.m. in the Federal Courthouse and show cause why he should not be held in civil contempt of order of this court filed and entered (Pointer) Service accepted by Mr. Maut'ice Bishop .. 3 Hotice that plaintiff-intervenor, United States of America will take the deposition of Joe A. Sheppard. Principal, Leeds Elementary School, Leeds, Alabama at 5:00 PH, on March 8, 1972 at the office of the U.S. Attorney , filed - copies served by counsel 7 c~'.5 Motion of def1andant Jefferson County Board of Education and Joe A. Sheppard, Principal, Leeds Elementary School, to stay time for taking deposition of Mr. Sheppard filed - copies served by counsel - del. to J. Pointer " 13 On hearing on March 11, 1972, before the Hon. Sam C. Pointer, Jr. on motion of Jefferson County Board of Education to purchase site to construct elementary and junior high school - Jefferson county Board's testimony - Closing argu ments by counsel - Court deferred ruling on motion until briefs are submitte - briefs to be submitted to the court by March 18, 1972 .. 13 ") Ii Clerk '. Court Minutes entering judgment on decision by the court that the court I~ will defer its rullng on Jefferson County Board of Education's motion to purchase land and aSK parties to submit briefs by March 18, 1972 - filed and entered on March 11, 1972 - copies mailed attorneys (cont) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 29 of 55 D. C. !lOA Rev, Civil Docket Continuation SOUTHERN DIVISlttI CA 65-396 IflIl , ==~======~~======T===== Date Order DATE PROCEEDINGS 1972 Judgment N( Mar 13 On hearing on March II, 1972, before the Hon. Sam C. Pointer, Jr. on order to show cause why Joe A. Sheppard should not be held in contempt of court opening statements by counsel - Testimony of plaintiff-intervenor - Plaintif - intervenor rests - Decision by the court finding Joe A. Sheppard in contempt of court antered " 13J 17Clerk's Court Minutes entering judgment on decision by the court that Joe A. Sheppard be found in contempt of court and has until the afternoon of March 21, 1972 to purge himself - filed and entered on March II, 1972 - copi s mailed attorneys n l3/.<'i/Order to show cause to Mr. and Mrs. C. M. McDaniel; Mr: and ~rs. Charles Owens; I and Mr. Major Cladwell why you should not be found 1n CiV1l contempt for failing to comply with the Order of this Court dated December 3, 1971, which permitted your children to attend Jefferson County Schools for the Spring only in strict conformity with the desegregation plan then in effect for such system under applicable federal court orders filed and entered (Pointer) cm " 18 On Hearing on Order to Show Cause, dated March 13, 1972, before the Hon. Sam C. Pointer, Jr. - opening statements by counsel - decision of the Court to strike the show cause order of March 13, 1972, but will continue his decision to strike until the afternoon of March 21, 1972 " 1C1erk's Court Minutes on Contempt Proceeding held March 18, 1972, that it is the decision of the Court to strike the Or~~r to Show Cause, issued on March 13, 1972, but the Court will continue its decision to strike until the afternoon of March 21, 1972 filed and entered n 21 Report of Joe A. Sheppard to the Court pursuant to Order thereof filed \ " copy served by counsel (re: Leeds Elementary School) cepy del. toJ. Lyane n 23 Order to Show Cauae purauant to Order of Decem.er 3, 1'72, returned, executed on 3-15-72 on Mr. C. K. Daniela end Mrs. C. M. Deniels and Mr. Major C1adwell; and unexecuted on Mr. Charles OWens and Mrs. Charles Owens and filed n 24 Meaorandua of the United States in support of their ••jection to propoaed construction in the .erry High School zone area filed - copies served .y counsel (copy aent to Judge Pointer) Itpr. 10 Order, dated April 8, 1972, vacating the Order previously indicated in open Court on March 11, 1972 finding Joe A. Sheppard in contempt filed and entered (Pointer) em '" 13 Petition of the Jefferson County BoardQf EducatiQlL for extension of time with respect to the fultonda1e-Springd,,:L,,_ Zone filed - copies served by counsel n 13 del. to J. Pointer Grrt;( 5/J2~72 DATE PROCEEDINGS /../ I Date Order or 1972 ____ ~~______i _~~_dgment Noted May 1 ?> jl Notice of appeal of plaintiffs from final order entered on April 14, 1972 _ filed - certified copies mailed to Clerk, U.S. Court of Appeals and to , attorneys for defendants " 1:' ,.1 Appeal Bond ($250.00) filed " 16 Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans La. (exhibits on hearing of 3/11/72 included as #7) (re construction of new school) - copies of transmittal letter with docket entries from January 27, 1971, mailed attorneys uly 20.~ IJ Supplemental amendment to the desegregation plan contained in the amended order of the Court, dated September 8, 1971, filed - copies served by counsel - copy del. to J. Pointer by attorney " 25 Order that defendants shall file with the court a specific proposal for the desegregation of grades 1-12 in the Fultondale-Apringdale zone and that said plan shsll meet the requirements of paragraph l(a) (5) of the September 8, 1971 order of this court; by August 7, 1972, the defendants shall file an alternate proposal to that filed on July 20, 1972 for the Graysville Kinor area which shall provide for the utilization of Graysville High Schoo as a regular academic school on a desegregated basis and shall provide for utilization of Edgewater as a regular academic facility on desegregated bas'.; by August 7, 1972, defendants shall file a plan providing for reopening and use of Woodward School etc; further defendants are directed to forthWith forward all applications for hardship transfer to the Court for disposition by the hardship committee; further a hearing on July 20 proposal and other proposals which will be submitted pursuant to this order shall be held on August 22, 1972, in Birmingham commencing at 9:00 AM filed and entered (Pointer) - cm Aug. 10 Further Amendment to desegregation plan pursuant to Court order of July 25, 1972 filed - copies served by counsel del. to J. Pointer 22 Objections of private plaintiffs to supplemental plans of desegreaatioR of the " Jefferson County School Board filed - copies served by counsel - del. to A.D. " 22.3 i _, Response of p 1& intHf-intervenor, United States of America, to each proposa1 , filed by defendants pursuant to Court order of July 25, 1972, filed - copie " 22 Lett~1f/~bi!'tfgr~:i~urice r. Bishop to Judge Pointer re construction - filed " 22 On hearina before the Hoa. Sam C. Pointer, Jr. on proposal of July 20, 1972, and other proposals - Statements by the court and counsel presented - Testimon by defendants presented - testimony concluded - case to be taken under submission - written order to be entered " 22" i.-,Clerk's Court Kinutes enterina judgment on decision by the court that this case be taken under submission - written order to be eatered - filed and entered - cm " 25 Memorandum of Opinion and Order re ...tag .e shown in order as to Fultondale Spri."ale Zone; Gardendale, Graysville and Minor Zones; Pleasant Grove Zone; Wenonah, Lipscomb, Berry and Shades Valley Zones as shown in order; further granting the Board's request for approval of the construction projects outlined in its letter of August 18, 1'72; further that the Jefferson County Board of Education implement a student assignment plan for 1'72-73 in accordance with the prior directives of the court as amended by the provisions of this order - filed and entered (Pointer) - cm " 28 Correction to order of August 25, 1'72, filed and entered (Pointer) - cm " 2 'I~Petition for stay of defendant Jefferson County Board of Education re Pleasant Grove and Lipscomb Zones filed - copies served by counsel - copy del. to Jud&e~oin~r by counsel Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 31 of 55 D, C. 11/lA. lWv, Civil Docket Continuation SOUTHERN DIVISION CA 65-396 Date Order DATE PROCEEDINGS Judgment N, On Hearing before the Hon. Sam C. Pointer, Jr. on petition of defendant Jefferson County Board of Education re Pleasant Grove and Lipscomb written order to be entered !,[C1erk's Court Minutes that the petition' of defendant Jefferson County Board of Education re Pleasant Gr'ove and I,ipecomb should not be granted and the order of August 30, 1972 should stay in effect - written order will be entered by the Court as to the other petitions presented on this date filed and entered - cm exhibits (petitions) in manila envelope Sept. 6 Notice of appeal by plaintiff from the final order entered August 25, 1972, insofar as it relates to the Graysville school zone; and the order of August 30, 1972 insofar as it relates to the Edgewater school zone filed - certified copies mailed " 6 Cost bond on appeal ($250.00) filed "" Sept. 8 ( () ;)Certified copy of opinion-order of the U. S. Court of appeals issued as and fa the mandate, vacating in part, affirming in part, and remanding for furt er proceedings not inconsistent herewith as to Pleasant Grove filed (records on appeal and exhibits to be returned) record received " 11 lecord Oft appeal with exhibits re order April 14. 1'72. received USCA " 11 ~"".:Motion for intervention on behalf of Joseph F. Varner and Norman Fay Varner, parents of Tommy Joe Varner and James Roy Varner, with complaint in intervention attached, filed - copy del. by attorney to J. Pointer (re Mulga and Edgewater Schools) " 11 ,/Notice of appeal of plaiatiff-iaterveaor. Uaited States of America, from I orders eatered Oft August 25. 1'72 sad August 30, 1'72 - filed - certlfi•• copi.s -.11ed I " 12 Original record on appeal (1 volume) and original exhibits (1 envelope) returndd by Court of Appeals as to the City of Pleasant Grove " 13 Original record on appeal andsupplemental record on appeal returned as to City of Pleasant Grove (3 volumes) " 15 Copy of Opiaion of U. S. Court of Appeals re Board of Education ot the City of Pleasant Grove received - See entry above of Sept. 8 " 18 Supplemental record on appeal re City of Pleasant Grove received " U"JSTranscrlpt of proceedings held OIl August 22. 1'72, at Biraliagham, Alaba1ll&. " . before the Hoa. 8.. C. Pointer, Jr. (ia triplicate) filed l' ~a..cript of proceediags held Oft August 30, 1'72, before the Hoa. Sam C. " ,., Pointer, 3r. at Birmingbaa, Alabaas (ia triplicate) filed " 20 Certified record Oft appeal 1II&il.d to Clerk. U. S. Court of Appeals, New Orleans, Louisiana - exhibits from hearinl 8/22/72 and 8/30/72 included .s #1'; copi.. tranamittal letter and docket entries mailed attorneys " 25 On Hearing before the Han. Sam C. Pointer, Jr. on the motion for intervention on behalf of Joseph F. Varner and Norman Fay Vsrner - Intervenor's testim ny dictated " 25:': '1,Clerk' s titl!F'm.9;fit~ilshil.Tt· %~n n"ll.~ o"fFmUnlii%d°t~~J.I.Adn9Jn'Ofu~itcwn'lia'VintaW into rec been dictated into the recorq, petition for intervention on behalf of Joseph F. Varner and Norman Fay Varner is denied filed and entered - em Oct. 10 Execution on Order of July 22, 1971 awarding plaintiffs' COlts issued by the elerk - del. to U. S. ~r8h.l for service " 103 I:leport of Midfield City Board of EducaUon - filed 12',' "lSupplemaDta11d...i21:Ul.Uon of United SJ:ate~.~ plaintiff-intervenor, of record on " appe4 r1Ieu - coples served by counsel (Over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 32 of 55 30 __'______~CS~,?z:L Date Order 0 DATE I PROCEEDINGS /r Judgment Not 1972 /uc~-"'-''-='---1---- Oct. 20'?t't)RePort of City of Homewood School System - filed - copies served by counsel " 20 Report of the Board of Education of the City of Midfield in obedience to the Decree of September 8, 1971, filed - copies served by counsel " 20'),- ".~Report of the City Of Vestayia Hills Board of Education filed - copies served . '. by counsel Nov 3 Additional pleadings to be added to certified record on appeal mailed to Clerk, USCA, New Orleans, La. at request of Justice Dept. - copies of transmitta letter mailed attorneys " 3 Execution returned, unexecuted on Jefferson County Board of Education (judgment paid 11/1/72) and filed " 9 ov. 14 ., ~ ~~¥~lfiga ~§S;eB~QSrMS¥P§¥ ~hRQB~ ~~sE&5fflg~ Appeals, dated November 13, 1972, I granting the motion filed by the United States, Intervenor-Appellant for an extension of time for transmitting additional portions of the Record on Appeal filed me 15 ... .; < Plan of HgmewpQd and vesrBY; a Hj J J § Schpo' §x§te filed 15 " Report of vestavia Hills Board of Education concerning physical facilities filed - copies served by counsel 'ec. 18 On Hearing before the Han. Sam C. Pointer, Jr. as to Mandate from Fifth Circuit September 7. 1972 - Testimony as to Brighton School zone put on by private plaintiff - testimony as to Homewood School zone - testimony as to Leeds-Moton zone - defendants' testimony - all parties rest - daily adjournment " 19 Trial resumed - arguments by counsel - order to be entered by the court " 19 'I Clerk's Court Minutes that plans be submitted to the court by March 1,1973, written order to be entered by the Court filed and entered " 19 '';, '1, Order on hearing held December 18, 1972, that Moton School be paired with Elementary School and Leeds High School; that commencing with the 1973-74 school year a new attendance plan shall be established for Brighton High School and Brighton Elementary School; commencing with 1~73-74 school year a new attendance plan shall be established for the schools in the Wenonah zone; the Midfield Board of Education is to assume, by the semester change in January 1973, the responsibility for transportation of out-of-city students, in-its zone living more than 2 road miles from their assigned schools; with plans to be submitted by set out dates filed and entered 1973 (Pointer) cm Jan. 24· l Certified copy of order of the U. S. Court of Appeals denying appellees' motion to modify the Court's order of December 15, 1972. filed Feb. 1 1.'Motion of plaintiffs for immediate relief claiming Midfield School Board failed and refused to provide transportation filed - copies served by counsel " 5 On Hearing on motion of plaintiffs for immediate relief before the Han. Sam C. Pointer, Jr. - defendant's answer to plaintitfs' motion filed - plaintiffs' testimony - defendant's testimony - defendant rest - Findings of Fact dictat d into record - decision deferred until attorneys advise the Court of correct mileage 5 • {iClerk's Court Minutes that a decision is hereby deferred in this case until attorneys advise the court of correct mileage - findings of fact dictated into the record filed and entered " 6 Bill of costs approved by the U. S. Court-of'appeals received " 8 •.,:Bill of costs filed by plaintiff - copies mailed to attorneys for defendants, Jefferson County, Midfield and Pleasant Grove " 12 Letter from the U. S. Court at Appeals amending their Bill of Costs received Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 33 of 55 SOUTHERN DIVISION CA 65-390 Date Order D··~-- PROCEEDINGS Judgment N -----1973 Feb. 13 ?:c.f ~Objections by the defendant, Board of Education of the City pf Mjdfjeld "" to cost bill of plaintiff " 13· Obj ections Dy the defendant, Board of Education of the City 9f PI easapt Gry.-e to cost bill ot plaintift " LO ,i Report or the Midfield Board ot Education tiled - copies served by counsel 21 ' Report of the City ~oard of Education of Hpmgwggd, Alabama - copies served by counsel " L8 Report or the Board of Education of the City of Vestavia Hills filed copies served by counsel Mar. 1 Suggested desegregation plan for the Brighton-Midfield Area by the Jefferson County Board of Education, with copy of the HEW restudy and plan attached, tiled - copies served by counsel " 11-fO Suggestions of the Midfield Board of Education tor the desegregation of the I Brighton Zone as per order of the Judge previously issued tiled copies served by counsel " 5 Notice (letter) from the U. S. Court of Appeals that that Court received a certitied copy ot an order at the Supreme Court denying certiorari in tnis cause received Apr. 21 Notice (letter) from U. S. Court of Appeals that that Court rece1ved a certi fied copy of an order of the Supreme Court denying certiDrari (City 9f Pieasant Grove) received May 14 Original exhibits (roll) received (City of P+easant Grgye) " Petition of defendant Jefferson County Hoard of Education for reorganization of tne Bottenfield Junior High School for the 1~73-74 school year fiied copies served by counsel copy sent to J. Pointer June 1 Report of the ,leftersgn Coupty Board 9£ Educatiop fi 1ed - copies served by counsel copy sent to J. Pointer n , 19 <.'1'... Motion by United ::;tates, plaintiff-intervenor, for civil contempt by defendant Dr. Revis Hall, Superintendent of the JefterSOP County SchOO' Wyatm filed -1 copies served by counsel ! Jul 3 Request by plaintiff-intervenor, United States, for admission by defendants, , Dr. Revis Hall and Habers of the Jefferson County Board of Education, filed 9 cs tt 3 Interrogatories of plaintiff-intervenor, the United States, propounded to defendants. Dr. Revis Hall and 1IIeIIIbers of the Jefferson County Board of Education, filed - cs " 3 Motion of plaintiff-intervenor, tlB United States, for an order shortening the tiae for answering tha interrogatories and request for admission filed here with, filed - cs " 13 Response o£ defendant, Jefferson County Board of Education, to request for ad missions by Civil Rights Division filed - cs II 13 Answer of de£endant, Jefferson County Board of Education, to interrogatories filed by Civil Rights Division on July 2, 1973 filed - cs " 13 Response of defendant Jefferson County Board of Education to Order of Court relating to June 19, 1973, conference, filed - cs I " 16 . Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on December 18 ! 1972. at Bimingham. Alabama, filed r • 19 j k Certified copy of opinion-order frOll the U. S. Court of Appeals issued as and for the ..nd~e July 18, 1973, re Graysville and Edgewater attendance zones. &ffiming the order of the district court ana remanding the case for proceedings consistent herewith and ordering that the district court retain jurisdiction over this action for a perted of n6t le88 than three school ysara f1"Oll date of this order. During next three school years the school district .hall be required by the CQurt to file semi-annual reports with said court similal: to those required in United States v. Hinds County School Board 433 F.2d 611, 618-9 (5th Cil:. 1970). At conclusion of three Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 34 of 55 DATE i Date Order OJ 1973 / Judgment No" ---"''-'--=-______~______LJ,""""-'=='-=---I ___ Jul 19 cont'd: school years the district court shall consider whether the cause should be dismissed. In no event, however, shall the district court dismiss the action without notice to the plaintiffs and a hearing providing the plaintiffs appellant and intervenor an opportunity to show why dismissal of the cause should not be further delayed. At such tt.e, if not previously resolved, the question of authority of the splinter school district shall be finally determined - filed - original record on appeal, two-volume supplemental record and three-volume second supplemental record returned - third supple mental record and envelope of exhibits to be returned shortly - receipt acknowledged (before Thornberry, Clark and Ingraham, Circuit Judges) " 20 On hearing before the Honorable Sam C. Pointer, Jr. on civil contempt motion filed on 6-19-73. Opening statements. Plaintiffs' testimony. Daily adjournment. Case continued to Friday, July 27, 1973, at 3:00 p.m. " 24 One envelope of original exhibits and third supplemental record on appeal returned from U. S. C. A. " 27 Hearing resumed - plaintiffs' testimony resumed - responseBto request of court filed by school board - plaintiffs rest - defendants' testimony Findings dictated into record - daily adjournment - (Wenonah & Brighton) " 28 Hearing resumed - testimony on the Fifth Circuit's remand presented response to the direction of the oral request of the Court filed by Midfield Board of Education - evidence deemed closed by the Court order to be submitted (exhibits in brown manila envelope) " 28 ~I Clerk's Court Minutes that upon findings dictated into the record, decision is deferred on plaintiffs' motion for contempt, and the Jefferson County Board of Education is directed to file with the court a plan, in full detail, for active enforcement of proper school zone attendance by August 10, 1973 filed and entered Aug. 7 Order in response to mandate of Fifth Circuit of July 18, 1973, with regard to realignment of school assignment zones as to Brighton and Midfield. Wenonah (Lipscomb) and Berry - filed and entered (Pointer) em " 13 Letter dated August 10, 1973 from the Hon. Sam C. Pointer to the Jefferson County and Homewood Boards of Education advising of clarifications regardin the boundaries for the Wenonah-Lipscomb-Shannq;Berry-Shades Mountain, and HomeWOod-Hell-Kent zones,filed-cs - attached to order of August 7, 1973 " 14 Findings of fact and conclusions of law of the Hon. Sam C. Pointer, Jr. - filed " 22 Order that defendants, Dr. Revis Ball and Members of the Jefferson County Boar of Education shall file answers to the interrogatories filed by the United States within ten days of receipt of interrogatories - filed and entered (Hancock) em " 22 Interrogatories of United States, plaintiff-intervenor, to Dr. Revis Hall and members of the Jefferson County Board of Education, filed - cs " 22 Motion of United States for entry of an order shortening the tbae for answering interrogatories by defendants, filed - cs - See order above " 31 Answers of defendant Jefferson County Board of Education by and through its respective employees, including Dr. J. Revia Ball to interrogatoriea propounded by coaplainants, filed - cs Sept 5 Petition of Jefferson County Board of Education for .edification of desegration plan 1973-1974 re Brighton - Midfield - filed - cs - del SCP Sept 7, .. ,Order denying the Jeffersonl:Ounty Board of request for a hearing ,/,1 on lIIOdificationa of August 7, 1973, and setting out instructions in order that the terms of the August 7, 1973 conrt order are carried out - filed and entered (Pointer) em Cont'd to next page -.------~~,------.. --- Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 35 of 55 D, C, 110AR.., Civil Docket Contin_on SOIlTBERH DIVISION===~CA~~6~5=-3;;9;;;6~===;;"~J!h======7=== DATE PROCEEDINGS I Date Ora !JUdgment 1973 ------'" Sept 17 137/NOtiCe ~~ a",eal by defendant Jefferson Couuty Board of Education fl'Olll the Order of September 7, 1973. denying the Board's request for a hearing on modifications presented by the Board and making further changes in the assignments of students attending schools in the Jefferson County School syste. - filed - em - cert copy mailed to USCA .. 19 Motion of United States for entry of an order shortening the time for answering interrogatories and requiring defeudants to answer within seven days of receipt of interrogatories, filed - del to SCP - cs 10/2/73 - Moot (Pointer) em " 19 Interrogatories of United States, plaintiff-intervenor propounded to defendants. filed - cs " 19 Bond for costs on appeal filed .. 19 Additional interrogatories of United States. plaintiff-intervenor, propounded ",",,,'v to defendants filed - cs .. 24 Report of City 0'1. Kidfield of all of Itudents residing in City of Midfield' during the 1972-73 school year, filed ., 24:::'I'/Answers of defendants to additional interrogatories, filed - copy del to SCP Oct 2 Certified record on appesl mailed to U. S. Court of Appeals together with one manila envelope of exhibits and one package of exhibits sent under separate cover - copies of transmittal letter, docket entries and exhibit list meiled to attorneys of record " 10 ~ '11 Certified copy of Order frOlll U. S. Court of Appeals granting defendants appellants' motion to enlarge time for filing of record on appeal including the court reporter's transcript to October 18, 1973, filed n 15 Memorandum Of Opinion and Order that the Superintendent and Board Members of the Jefferson County Board of Education are found not guilty of civil contempt of this court - filed and entered (Pointer) em It 16 Report of Jefferson County Board of Education as required by the Court Order of August 24, 1973, filed " 17 Report of Midfield Board of Education as of October 1, 1973, filed - cs n 18', /';,Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on July 20, . 1973 (3 volumes) filed in triplicate ., 18 Transcript mailed in triplicate to U. S. Court of Appeal - copy of transmittal letter - mailed to attys It 19 '. .Report of City Board of Education, Homewood, Alabama, re ratio study, filed cs 23 '" ,Report of the Board 1'£ Education of the,lI:ity of Vestavia Hills in compliance ""' .. with amended order of September 8, 1971, filed - cs .. )0 Bearing on certain issues relating to construction of certain Bchools before the Bon. Saa C. Pointer, Jr. Defendants' testimony. Defend~s rest. Testt.ony concluded. Findin&& and conclusions dictated into.the record. Decision of the Court approving or disapproving construction or aqu18tions of facUity as stated in courts findings and conclusions entered. .. 30::11 . ,Clerk's Court Minutes that request for proposed construction and aquhitions made by the Board of Education for certain facilities, are hereby approved or disapproved as stated in the Courts findings and conclUSions dictated in open court to the court reporter - filed - em Nov 8 Interrogatories of plaintiffs propounded to Superintendent, Miifleld !oard of Education, filed - CB 21 Petition of Midfield Board of Educati.n to rebuild Rutledge School, filed. cs .. 26 Order that the Midfield Board may proceed with its plans to rebuild the Rutledge School facility at its present site filed and entered (Pointer) c Dec 7 ~ '9 Answer of Dr. Thomas M. Alexander, Superintendent of the Midfield Board of Education, to interrogatories propounded to him, filed - cs (Over) Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 36 of 55 Date Order or DATE P:QOCEEDINGS I 1974 ______-'I'---LL'-.:-·~=_.'=-'__;! .rudgmentNot~~, Jan 28 ~/jcertified copy of opinion-order of tbe U. S. COurt of Appeals lssued as sod for , the 1II8ndate January 2S, 1974, affirming tbis COUl:'t '. decision of September 7, , 1973, ftled - record and envelope of exhibits returned - roll of exhibits being returned UDder sepsrate cover - 3 volume supplemental reeord to be returned later Feb 19 Report of Jefferson County Board of Education as required by August 24, 1971 Court Order - filed - copies del. 19 Report of tbe City of 'Ikaewood School System pursuant to August 24, 1971, Court Order, filed - cs 20 Semi-annual report of the City of Midfield Board ef~ucation, filed - cs tat' 22 Re'1t.n"t ()f the "3o.lrd of Educati on of tref'i tv of Vcstav{a Hi 11 s, fi ll!d - C$ . ~---~-.- ~- -- ,-.~ ~pr 9 Motion of defendant, the Midfield Board of Education, for further order of the Court requiring defendant Jefferson County Board of Education to comply with the order of this court dated September 8, 1971, filed - cs 24 Motion of private plaintiffs for further relief, filed - cs May 7 Reply by defendant Jefferson County Board of Education to motion of Mrs. Bernice D. Borden for further relief, filed - cs Jun 25 ' 11 Letter-amendment to the outstanding orders in this and 65-366, 65-499 and 70-251(Tarrant) re transfers - filed and entered (Pointer) em Jul 19 Hearing on private plff's motion for further relief as to Bernice D. Borden before the Hon. Sam C. Pointer, Jr. Plff's testimony. Plff rests. Defts' testimony. Defts' rest. Arguments by counsel. Findings and conclusions dictated into the record by the Court. Written Order to be entered. 23 3f' Order of Judgment upon motion of Bernice D. Borden for further relief that: (1) Mrs. Borden is due to receive back-pay in an amount equal to the difference between that salary actually received and that which would have been received had Mrs. Borden been placed in the vocational reimbursed program from April 25, 1973, to the present. Such is subject to applicabl income tax withholding requirements (2) in return for the back-pay award, Mrs. Borden is expected to offer her services on a lO-month basis as if she had been employed as a teacher in the vocational reimbursed program from April 25, 1973, to present (3) such back-pay as calculated in paragraph (1) above is to be continued to be paid to Mrs. Borden. as long as she continues to be employed as a teacher with the Jefferson Connty Board, until (a) she is placed in the vocational reimbursed program, or (b) such placement is offered to Mrs. Borden and such is refused, or (c) she fails to cmntinue to offer her services on a 10-month basis. Any offer of placement must be made in accordance with those policies of the Board respecting placement and transfer of faculty as applied to all teaching personnel - each party to bear its own costs - filed and entered (Pointer) cm Jg 13 O(;Motion of Pauline Sellers and Ira Marzette for leave to intervene, with complai t in intervention attached, filed - cs See Order dated 8(30/74 26 Motion of Pauline Sellers for leave to withdraw her complaint in intervention. filed - del to LZ See Ordc, dated 8/30/74 30 Order granting applicant Sellers motion for leave to withdraw her complaint in intervention - filed and entered (Pointer) em 30 Order that, as to Ira Marzette, the motion for leave to intervene is due to be - denied, without prejudice to her right to file an independent action; and that, as to Pauline Sellers, the motion for leave to intervene is moot, Sellers' motion for withdrawal having been granted by separate order on this date· filed and entered (Pointer) em t 15 Report of the Jefferson County Board Qi:Education pursuant to Court Order of August 24, 1971 filed 16 Q6'Semknntal Report for the City of Midfield Board of Education as required by Court order of Sept 8, 1972, filed - cs Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 37 of 55 D. C. 11M Rev, Civil Docltet Continuation SOUTlE RN DIVISION CA Date Ord€r DATE PROCl!:!EDINGS Judgment Nc 1974 ------~------I-····-- Oct 18 bhReport of Homewood City Board of Education pursuant to Court Order of August 24 1971, filed - cs Nov. 7 Report of the Vestavia Hills City Board of Education pursuant to Court order of September 8, 1971, filed. cs Dec 23 ~gMotion of private ptffs to require the deft School Board to devetop a plan of desegration for those students residing in the unannexed areas of the Wenonah: 1975 School zone, filed - cs - del to SCP Jan 13 Plaintiffs' Exhibits #3 & 4 from Aug 16 - 18, 1971 returned from U.S.C.A. . receipt acknowledged i 22 ~09Integration plan for the Wenonah Zone submitted by the County Board of Educati1! of Jefferson County, Alabama, filed - cs - del to SCP Feb 14 Semiannual Report of the Board of Education of the City of Midfield due I •. , February 20, 1975, filed - cs ! 18 Report of the Jefferson County Board of Education as required by August 24, ' 1971 Court Order - filed 18 Report of the City of Homewood School System - filed 18 Report of the Board of Education of the City of Vestavia Hills, filed - cs 24 Response of the United States to the recent annexation of part of Jefferson County re Wenonah zone, filed - cs Feb 28 Motion of plffs for allowance of counsel fees, filed - cs - del to SCP Apr 10 Interrogatories of deft Jefferson County Board of Education to plffs' counsel Oscar W. Adams, Jr., filed =-cs - --'-- May 2 Motion of respondent, Jefferson County Board of Education for production by private plffs' attorney. Oscar W. Adams, Jr., filed - cs - del to LZ 5 Response of the United States to request of Jefferson County Board of Educatio for Court approval for construction at Leeds Elementary School and at Fultondale High School and motion for order to show cause, filed - cs del to LZ 19 Response of plaintiffs to motion for production of Jefferson County School Board filed - del to LZ 21 "~;}Answers of plfh to interrogatories of defts, filed - cs Jun 23 HEARING on student reassignment of Wenonah School zone area before the Hon. Ssm C. Pointer, Jr. Evidence presented by County Board. Evidence presented by government. Evidence presented by Midfield Board. EVidence concluded. case taken under sdvisement. 23 "1 Z ( Clerk' s Court Minutes that this case be taken under advisement - filed and entered 30 Memorandum of Opinion re student reassignment of Wenonah School zone area filed and entered (Pointer) cm 30 LfZ'::lORDER, in accordance with the findings and conclusions contained in the Memorandum of Opinion separately filed, that: 1. commencing the 1975-76 school year, those areas previously zoned to Wenonah High for grads 10-1 shall, to the extent not annexed by the City of Birmingham, be rezoned for such grades to Shades Valley High School. A. G. Gaston shall remain a junior high school; aoosevelt Elementary shall provide grades 1-6 for such portions of its existing zone and of the former Wenonah Elementary zone as have not been annexed to City of Birmingham; the grade structures and zones of the other two schools in the wenonah zone (Libscomb Junior High and Shannon Elementary) shall remain unchanged. 2. The Board of Education is authorized to make such changes in grades 8 and 9 and in th special education program previously conducted at Shades Valley as may b necessitated in view of additional zoning of high school students to , Shades Valley. 3. The Board of Education is given permission to construqt (OVer) I Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 38 of 55 D&te Order OJ PROCEEDINGS /?t .Judgment NQ;" .._------_._--_._I June 30 ORDER cont'd: a junior high school facility in the Berry zone at the Chapel Road site, in addition to permission previously given with respect to an elementary schoo facility at such site; when construction is completed the Board may restructur grades in the Berry zone into elementary, junior high and senior high levels; pending construction, the Board may make appropriate adjustments in the grade structures at the existing facilities in the zone, as by reducing Berry High to grades S - 12 and providing grades 1-7 at the existing elementary schools. 4. Unless objection be made by plffs or the United States within 10 days from the date, the Board may reassign grades 7 and 8 of the Graysville Elementary school zone to Bottenfield Junior High and may reassign grade 9 at Hewitt High School to Hewitt Junior High School. 5. the provisions of this order are directed to the respective individuals who are serving as Superintendent or Members of the Board rather than to the Board itself and 6. counsel are cautioned that any appeals are to be processed in accordance with Part III of Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (CA 5 1969), with the change that three legible copies of all matters pertinen to issues on appeal are to be filed; no extension from schedule estab1iahed in Singleton will be allowed except by order of panel of Fifth Circuit - filed and entered (Pointer) em Jul 91/ VResponse of the United States to Court Order of June 30, 1975 re reassignment of Graysville Elementary to Bottenfield Hunior High, filed - cs - del to SCP 15 Notice of appeal by the United States, PI ff-Intervenor , to the United States Court of Appeals from the Order entered in this action on June 10, 1975, filed - certified copies mailed 18 Notice of cross appeal by deft Jefferson county Board of Education from the Order entered on June 30, 1915, filed - certified copies mailed 22 Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on June 23, 1975 - filed in triplicate 22 Notice by plffs of Cross Appeal from the Order entered in this action on June 30, 1975, filed - certified copies mailed 22 Bond for costs on appeal ($250.00) - filed Aug 8'1 )Petition of certain parents of students at Shades Valley High School and Wenonah High School Birmingham, Alabama for stay of Order, filed Presented this 8th d of August, 1975, and denied, without ruling on wheth~r the petitioners have standing to present the same (Pointer) cm lug 22 Certified record on appeal mailed to Clerk, USCA on ~ULY 25, 1975 - copies of transmittal letter and docket entries mailed attorneys 22 if ',I Designation of record by defendant-appellee-cross-appellant,Jefferson County Board of Education filed - cs 27 Motion of plaintiff-intervenor, United States of America for injunction pending appeal filed - cs del J. Pointer 8/28/75 Denied; but, due to appe 1 Boa~d assumes risk of reversal which might make construction an unnecessary xpenditurE 28 Order that reports and past plans of desegregation filed herein shall be re- (f nds. Point tained in this Court pending appeal, subject to a request of the Court of USDC) Appeals; that this order applies only to the physical transfer of those docuements and the documents ordered retained shall remain for all purposes as a part of the record on appeal filed and entered (Pointer) em pt 8 Certified copy of Order from U. S. Court of Appeals denying the petition of various parents, not parties below, to stay the order of the District Court requiring bussing of students from Wenonah High School to Shades Valley High School Without prejudice to their representation thereof should they become , intervenors below, filed (before: Thornberry, Clark & Gee) 8 I.f .5 :;~'i3nat1on (1 etter) of !lent of Justi('~ for supplemental record on ap,~al, filed • cs 19 Certified sup:>lemental recor'! on appeal maU"d to Clerk, USCA - copies of transm ttal lett~r forwarded to attvs • b -- " Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 39 of 55 CIVIL DOCKET CONTINUATION SHEET PLAINTIFF IDEFENDANT DOCKET NO. __6_S_-.3._9_6_ LINDA STOUT, at al ; JEFFERSON COUNTY BOARD OF EDUCATION, I et a1 PAGE .J¥-- OF __ PAGES PROCEEDINGS Oct 8 Certified supplemental record on appeal mailed to the Clerk, USC~ - copies of transmittal letter and docket entries mailed to attys iJ?L 15 I~; Report of Jefferson County Board of Education for October, 1975 - filed 16 Report of City of Homewood School System. filed ~ cs 17 Report of Board of Education of the City of Midfield, filed - c& Nov 7 Report of the B(')ard of Education of the City of Vestavia Hills, filed - cs Dec 29 Letter from Jefferson County Board of Education setting out the housin~ of 228 students from the Brookside Elementary School, which was recently destroyed by fire. filed - 11/29/75 - Granted expArte, subject to - reconsideration on request of any p~rty by motion filed within 30 days (Pointer) cm 29 ; Letter from the Jefferson County Board of Education setting out proposed adjustments in zone lines re Green Valley. Rocky Ridge, Bluff & Gwin Schools, filed - Granted, exparte, subject to recQnsideration on 1976 request of any p~rty by motion filed within 30 days - 12/29/75 (Pointer) cm Jan 19 Petition of deft Jefferson County Board ofEducation for declaratory judgment and other relief, filed - cs del. SCP 28 Answer of Midfield Bd. of Ed.to Petition oft Jeff. Co. Bd. of Ed. - filed - cs del. SCP Feb. 6 Order, upon application of the Jefferson County Board of Education granting approval for the proposed projects submitted by the Jeff. Co. Bd. of Ed. in its letters of Dec. 30, 1975 and Jan. 7, 1976, with the exception of the projects dealing with vocational education at McAdory High; and reserving ruling with respect to the vocational project and a proposal to set zone lines for vocational education - filed and entered - SCP - cm 11 Motion of pltfs. For Further &Immediate Relief - requesting order requiring deft. to maintain the Graysville Exceptional School - filed - cs - del. SCP WITHDRAW~/ 17 Court Report of Midfield City Bd. of Ed., dated 1/30/76 - filed - del. SCP 2/26/ 17 Report olt City of Vestavia Hills Bd. of Ed. - filed - del. SCP 16 Report To Federal Court by Jeff. Co. Bd. of Ed. - filed 18 Report of Homewood Bd. of Ed. - filed - del. SCP 27 4:-; j Consent Decree dated 2/26/76, upon consideration of the proposed vocational construction, the parties, by &through their counsel agreeing that {l} con struction of Western Area Vocational School originally proposed for the McAdory sire, instead will be on the W. A. Bell school campus, (2) assigning vocational students living in Brighton area to the new Western Area Voc. School, (3) direct ing the Bd. of Ed. to file with the Court a map showing attendance zone lines for all vocational schools in the district within 7 days. If there is no objec tion to said zone lines within 30 days from the date of filing, the map shall become part of this decree &incorporated herein, (4) establishment &operation of all attendance zone lines &student transfer policies for all vocational facilities in the district will be in a manner so as to promote desegr:gatrion, The school board shall not permlt a student to transfer from one vocatlonal zone to another for the purpose of taking vocational courses unless the desired cours is not offered in the transferring stUdent's home zone. All vocational courses in the system shall be offered at locations which will promote desegregation. Obligation of defts. shall be to insure that the cumulative impact of such intra-district vocational transfers does not adversely affect the desegregation Qf tb~ school system. Oefts. shall, if the transfers do adversely affect (OVER) OC-i11A iRev. 1/75) ~~------••------.-~----- Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 40 of 55 CIVil OOCKETCONTINUATION SHEET PLAINTIFf DEFENDANT I / - -X?/~. DOCKET NO ("2{, r&..,; IPAG~' "F __ PAGES • ! NR. PROCEEDINGS .- .c====~=·======_.=.=====~======\ desegregation, take steps necessary to insure that the dual system is not re established, (5) records indicating the names (by race) &addresses of a+l students transferring from one vocational zone to another, the school from which &to which student transferred, the course necessitating the transfer &the date of said transfer shall be maintained by the school district; said records to be a~ailable for inspection ©ing by all parties, (6) all prior orders of thjs Court not inconsistent herewith remain in full force &effect - filed &entered • (Pointe.r) - cm Mar. 2 I.tA ~ap of Jeff. Co. Vocational School Zones - filed - del. SCP Aug. niu;.)£.. pertified copy of opinion-order issued 8/10/76 as and for the mandate - filed . i' lnterveuor's map exhibit received - appeal, suppl. appeal, exhibits to be returne later 17 Certified record returned from Clerk, USCA (2 boxes) 23 Certified record on appeal, original (envelope) & suppl. record on appeal received from 5th Cir. 27 Certified copy of Opinion from 5th Cir. - filed Sept. 2l1.f;.}~ Statement of Hours Expended by the Law Firm of Adams, Baker & Clemon - filed del. SCP Oct. 4 Motion of pltfs. For Further Relief with respect to Marion M. Alexander & the Vestavia Hills School Board - filed - cs - deL SCP **Withdrawn by pltfs. w p 15 Report of Jeff. Co. Bd. of Ed. as required by 8/24/71 order - filed l2/8/76-SC 21 Report, semi-annual, of Midfield -filed - cs 2~ Report of Vestavia Hills - filed - affidavit of Wlm. T. Clark attach€~ lrc Dec. Motion of Wallace Honeycutt for Leave To Intervene - intervenor's complaint attached - filed del. SCP lrc see l2/2/76order Order denying motion of Honeycutt to intervene; directing Clerk to file intervention as new case as of 12/1/76; directing pltf. to pay filing fee - filed & entered (Pointer)-cm lrc Cross Claim of Jeff. Co. Bd. of Ed. against Vestavia, Homewood, Mid field & Pleasant Grove - filed-cs del. SCP lrc DENIED as cr08S claim; matters asserted by Jeffco B/E are defensive to pltf's. claim - 12/7/76 - SCP - cm lrc 27 Interroqatories of Jeff. Co. Bd. of Ed. on Claim For Attv' s. Fees ,. filed-cs lrc Request of ~eff. Co. Bd. of Ed. For Production under FRCivp 34-filed cs lrc 29.! ~7/' Motion of Jeff. Co. Bd. For Order Requiring Production-filed-cs del SCP lrc GRANTED & SO ORDERED, l2/29/76-SCP - copies given to attys. in courtroom lrc 3C Hearing on Motion For Attys. Fees before the Hon. Sam C. Pointer, Jr. Evidence presented by moving pltfs. Pltfs. test. Lunch recess. Hearing resumed. Stipulation of Vestavia & pIt£. read into record. Stipulation of Homewood & pIt£. read into record. Recess in order to complete pending stipulations. Hearing resumed. Stipulation of Midfield & pltf. read into record. Pltf. test. resumed. Pltf. rests. Oral motion of deft., Jeff. Co., to exclude test. - OVER RULED - SCPo Deft. test. Deft. rests. Court's oral comments re: rates/hr. - composite rates read into the record (computations to be based on $25.00/hr. to 1970, $30. 1971-1972, $40. 1973-1974, $50 1975-1976 in computing stipulated settlements) Vestavia to pay $400.; Homewood $800.; Midfield $4,250. to pltfs.; these figures not to necessarily apply to Jeff. Co.; there are other consideraticp Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 41 of 55 CIVIL DOCKer CONTINUATION SHEET PLAINTIFF DEFENDANT DOCKETNQ 6;i.=396-S PAGE~OF ~...... _ PAGE:: 11?fi6 NR. PROCEEDINGS "'···j~~~=i===1======c===~,,====,,·======settleinenthearTn:g cont'd. Analysis by defts. to be completed in 10 days; pltf. has 5 days thereafter to respond - SCP lrc J. Weaver, rptr. Dec. 30 4 Ie., Clerk's Courtroom Minutes - filed - cm Ire 1977 Jan. 18 Statement of additional hours for 1976 and 1977, filed by p1ff.cs - add 18 Motion by plffs for leave to file 1962 recommended minimum fee schedule of the Birmingham Bar Assocation as an exhibit to the Dec. 30, 1976 hearing, filed. c -del. SCP see 2/3/77 MOP 21 Motion of Jeff. Co. Bd. To Strike Additional Evidence of pltf.-file cs del. SCP Ire see 2/3/77 MOP ~- Feb. 3 Memorandum of Opinion awarding Adams, Baker & Clemon $70,960.12 against Jeff. Co. Bd. of Ed. - filed & entered (Pointer)-cm Ire (mailed to Adams, B & C; Bishop, S & C & Jack Greenberg) 15 Report of Jeff. Co. - filed lrc 18 Report of Homewood - filed Ire del. SCP 18 Report of Midfield - filed lrc del. SCP Mar. B Report of Vestavia Hills - filed-cs lrc del. SCP (copy) 17 Satisfaction of Judgment re: Atty. Fees ($70,960.12) - filed by Adams, Baker & Clemon-cm Ire May 23 Order approving requested changes re: Roosevelt Elem., Graysville J High, Gresham Jr. High & West Jefferson High zones in 3/24/77 letter of Jeff. Co. Bd. of Ed. - filed & entered (Pointer)-cm Ix Sept. 29 ~Dtion of lVlidfield Bd. of Ed. for Permission to Build Vocational Schoo1-filed-cs del. SCP lrc see 10/14/77 order Oct. 14 Order approving construction of vocational scb:lol as requested by City of !{tdrie' • of Ed. - filed & entered (Poirlter)-cm Ire 17 Report of Jeff. Co. Bd. of ELl. - filed Irc 19 Report of Horrewood Bd. of Ed. - filed-os Ire 20 Report of Itldfield Bd. of Ed. - fi:'ed-cs Irc 26 Report of Vestavia Hills Bd. of ELl. - fi.led-cs l10C 31 4'11 Order, in absence of objection, gt"aI1ting request 0:: Jef:'. Co. Bd. of Ed. for approval 0:: construction projects, with the exception of projects at Lipscomb Jr. HS and old Brookside S~hool site; deferring nlling on these two after f1l~ completion of appropriate discove~J-filed &entered (Pointer)-cm lrc W1~ ~p:'rL 4c (:vGrt, M (~ DC-111A (Rev, L 75 Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 42 of 55 VI L DOCKET CONTINUATION SHEET )LAfNTIFF DEFENDANT IIDOCKETNO b~e39b.;; PAGE .~ OF ==....• PAGES ------r----~------~------~------_1r-. DATE NR. PROCEEDINGS ~~=9F===F====.....=.. ==~~~~======Mar. 27 4;:'/ ORDER that the Clerk is authorized and directed to draw a check on the funds on deposit in tre Registry of this Court in the principal arrount of $250.00 plus all interest earned for a total am::l\mt of $251.36 payable to Attorney, Solaron S. Seay, Jr. - filed and entered (Pointer) em skh Apr. 3 Dep:lsition of J. Pevis Hall taken on behllf of plff-intervenor, filed skh 27 ORDF..R that approval be granted for tre construction of 16 additional classroans at the Rocky Ridge Elerrentary Sdlool pursuant to the request dated 3/23/78 filed and entered (Pointer) em skh Oct. 1 Rep::rrt (october 1978) to Court as required by August 1971 Order - filed skh (in large brown accordian envelope in basenent) Semi-annual Rep:lrt of deft, Board of Filucation of the City of Midfield, as of September 30, 1978, in ca:npliance with previous orders of this court - filed cs skh :t Rej:Ort of the City of Hcmewood Sdlool System, filed skh 24i Rep::rrt of the vestavia Hills Sdlool System, filed skh 1979 I'eb. 15 Report of the Jefferson County School System, filed-snh 16 Report of the Homewood School System filed-snh 20 Rej:Ort of the Board of Education of the City of Vestavia Hills, filed - cs skh ar. 5 Report of the Board of Education of the City of Midfield filed-cs-snh r ,",. une 20 ...} t... ORDER that the request of the Jefferson County Board of Education fc permission to trans seventh grade students from Clay Elementary School to Hewitt Junior High School, as to which no objection has been filed, is GRANTED: further that by August 1, 1979, the partie file their objections, if any, to an order which would thereafter relieve the Jefferson County Board of Education from the require ment to seek approval of the court for modifications in attendancE zones or for construction and alteration of facilities and which would generally terminate the continuing jurisdiction of this court with respect to this school system filed and entered (Pointerlcm-snh Aug 1 Objection of USA to proposed order of 6/20/79, filed-cs lc:>c - del SCI O::t. I. Rep:lrt of the Jefferson County Board of Education, filed-cs-snh 18 Rep:lrt of the H~ City School System, filed-cs-snh 22 Rep:>rt of the Board of Education of the City of Vestavia Hills, with exhibits atb chs: filed-cs-snh 1980 Feb, 1~ Rep:lrt of the Board of Education of the City of Vestavia Hills, with exhibits attached, filed-cs-crg 15 Report of Jefferson County Board of Education, filed-cs-lpc 15 Fep:lrt of H~ City School System, filed-cs-lpc Mar. 11 RePJrt of City of Millfield Board of Education filed-cs-snh )ct. 14 Report to the Court of Jefferson County Board of Education, filed-cs-snh O::t. 15 ! RePJrt to the Court of the City of JVlidfield, filed-cs-snh 20 I Rep:lrt to the Court of the City of Hcmewood, Board of Education, filed-snh 27[ ::~'I '':'' Rep:lrt to the Court of the City of Vestavia Hills Board of Education, filed-snh CONTINUED ON NEXT PAGE .. Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 43 of 55 DC i11A (Rev, 1;75) CIVIL DOCKET CONTINUATION SHEET Frj--.I\"~~7.14 tlC-lOM-4:JSE r~p~LA71~N~T~IF~F~------~ DEFENDANT I 9 LINDA S'roIJT JEFFERSON CXlUN'l:'Y 1 DOCKET NO. 65-1'-03 2 I ~AGE 1L OF______PAGES 1 fBiTE 1 NR.[ . PROCEEDINGS· - .~~~...=t.~=t=~=~=~~~~===~~~==.==~~~==~~~....~~== Feb. 13 513: Annual Report to the Court of Jefferson County School Board, filed-8nh Feb. 18 Annual Report to the Court of the City of Htrnewood School Systen, filed-snh Feb. 23 Bani-Annual Report to the Court of the City of Midfield Board of Etlucation with exhibit attached, filed-cs-snh (blue bllrler) March 10 Report to the Court of the Board of Etlucation of the City of Vestavia Hills, with exhibits attached, filed-snh Oct. 15 Report to the Court of the Board of Education of the Jefferson County School - 1 Board, filed-snh 211 Report to the Court of the Board of Education of Harewood Board of Education filed-snh 26 Report to the Court of the Board of Education of City of l>'idfie1d filed-cs-sY ~c. 14 Report to the Court of the Board of Education of the city of Vestavia Hills, with emibits attached, filed-cs-8nh 1 9 8 2 } r'!)l.. Feb 16 Annual report to the court of Jefferson County School Board ( J, filed. Ihj Feb. 17 Annual report to the oourt of ~ City Board of Education, filed-snh ~'larch 8 Annual rejX)rt ot the oourt of the City of ~iefield Board of Education, filed-8nh June 2 Report of the Board of Education of the CITY OF VESTAVIA HILLS filed-cs-rfd Oct.15 Report of the Beard of Education of Jefferson County (annual report) filed-snh 15 RejX)rt of the Board of Education of the City of ~, filed- 8nh ~c 22 RejX)rt (semi-annual) of the Board of Education of the City of Midfield, filed-slr 1983 Feb 15 Report to the oourt of the Jefferson County Board of Education, filed-s1m 18 Report to the oourt of the H~ Board of Education, filed-c;JO-slrn 25 RepOrt to the court of Vestavia Hills City Board of Education, tHed-cs-slrn Apr Report to the court of the Midfield City schools Board of Education, filed-slrn - 141 Annual rejX)rt to the court of Jefferson County Board of Education, filed-slrn (one Oct 14 .. very large expandab: Report (semi-annual) to the oourt of the Midheld City School fol, 211 System, filed-cs-slm (One red volume) 21 : i Report to the oourt of the ~ City School System, filed-cs-slrn 21 • Report to the Court of the Vestavia Hills City Board of Etlucation, filed-cs-slm ~1984 . I Feb 101 ! Report to the Court of the Midfield Citv School s.vstem._ filed-cs-.slrnd(l red(vol. L 15 j Report to the Court of the Jefferson cotmty-BOaJ:'d' bIEtJ:uCa1:~on, nre -s.un e:xp.1'. Apr 30 i Report to the Court of the Vestavia Hills Board of Education, with exhibits I attached, filed-cs-slm ... Oct 12: Report to the Court of the Midfield City Board of Education, filed-1pc (one red vo11.l1Te) 1 Report to the Court of the Jefferson County Boacrd of Education, filed-slm (one l=~ mroandable folder) . · Report t too Court of the Hare,rood City School System, flled-slm 198516 Fe15---1.2 IReport to the court of the Home\JOOd City School System, filed-s~m 15 LRepo.c:: to the Court of the Jefferson County Boa.,.."'d. of Educ., fi'.0..d-SJ.ro (l )rg. GX'~ 19 IJ:{Cport to the court of the Hidfi,e'..d Cit,,:, Board of Educ , fiJ.od-s J1) folder, 2 S'1 :> !Repor'c to the Court of the Vestavia Hi.1,-,-s City Bom" of Educ., filed-slm' Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 44 of 55 DC 111A (Rev, 1/75) CIVIL DOCKET CONTiNUATION SHEET PLAINTIFF D£F£NOANT --~------'------/--P'-----, DOCKET NO.It?5""'3t:!d> I PAGE!5g0F__ PAGES ~., N"l,. PROCEEDINGS F===f=='T~======~======'~ Mar 6 Oct 14 15 21 J.986 Fe~ 12 Report to tho Court of the Boa:."'d of &location of City of Midfield, filed~slm l3 Report to the COlLrt of the Jefferson County Board of educa::ion, filed-s1m 21 Report to tho Court of the Board of &lucation of City of Hooe,JOOd, filed-SIT'C Apr 3 Report to tho Couce of tho Board of &luc3tion of City of Vcstav.ia, fiJ_ed-cs-sr:c Ju::.. 21 ORDER that this case is refe=ed to U.S. Magistrate Edwin L. Nelson for limited purpose as stated in this order, nunc pro tunc for 4/24/86, filed (POIN7ER); entered 7/2l/86-cm-smc 23 Report and RecClflTIBndation of U.S. Magistrate in this and 65-HM-0366-S tlk,t the petition to interven filed by Rev. 'rony Cooper be denied; that motion of Besserre Board of Education to add Jefferson County Board of Education and its members as pty dcfts be granted, that petition of Bessemer Board of Education for e}rr.ra ordinary relief against Jefferson County Board of &lucation and its members be denied, Besserrer Board of Education be ordered to fo:r:mu.late and submit a plan f nondiscriminatory education of all students "ithin its jurisdiction for school te:r:m beginnning in 8/86 before close of business on 8/8/86; Bessemer Board of &luca::i.on to formulate other plan for unitary school system as set out in this report and recornrendation, objections to be filed 'iJithin 10 days, filed (N:EYJSON), entered 7/23j86-cm-smc Aug" Objections in this and 65-HM-0366-S of Besserrer City Board of Education to propos findings and recCl!lIll3ndations of U.S. Magistrate, fjJ~ed-cs-sr.1C (del to E::,N) 5 Objections of USA to recorm-endattons of U.S. Magistrate filed in this and 65-HM-3 6-E cs-smc (del to ELN) 15 Response of Jefferson County Board of &lucation to objections to Magtstrai:e' s Repo t and Recommendations, filed in this and related case-cs-smc ~ 15 M:?nu:candum of recision, filed in this and 85-HM-0366-S (HAL'lDM); entered 8/15/86 -Sf 15 5100 ORDER in this and 65-HM-0366-S pursuant to Magistrate's Report and Recomrendation and accompanying M:?nurandum of Decision that the objections of deft Bessemer City Board of Education to R&R are overruled and/or sustained as set out in this order; the objections of USA are sustained the petition for extraordinary ~lief of the Besserrer City Ed. of &luc. against defts Jeff=. Ed. of &loc. is grilllted, sub:iect to terms and conditions as set out in this order a..'1d denied in part, as fw:~her set out; Besserrer City Ed. of &luc. to make a study of anticipated effec on its proposed unitary plan of the proposed annexation elections in Parcel C according to official =urt documents and records in CV83-P-3050-S and CV84-P-08 3 as set out and file I-lith the Clerk in CV 65-HM-0366-S the results of its study, Jeffco. Bd. of Educ. and Besseroor City Bd. of &luc. to forthwith conrrenee study of nurriber of black and white students enrolled in schools in' Parcel C as set out in this order, to be subro!tted to the Clerk in both cases no later than 12/ 86 simliU;illleously the Bessener Bd. of &l. to file ,~ith the Clerk in both cases a separate written report outlining anticipated effeci: on its school system of the influx of students from Petreel C, simultaneously the Jeffco. Bd. of Edue. to file a sep.:-.rate \r.citten report outling anticpated segregative effect OE ibJ scheol system; heth Boards of Educ. to fHe separate ,l'ccitten reports \lith the Clerk in both cases setting out all pertinent enrollrrent stats as set out; petit'or of Rev. Tony Coper to intervene is denied; motion of Bessermr Bd. of E):iuc. to add Jeffco Bd. of Edue. as pty defts in 65-HM-0366-S is granted; motion of Jeff E Edue. that the Court lacks jurisdiction is denied; motion of Jeffco Bd. of Ed. t t motions of BeSS8lT'er faE to state a claim for \~1hich relief can be granted is den ~ eC all other notions of Jeffco are denied, filed (HAL':i'OM); entered 8/1.5/86-cm-smc Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 45 of 55 DC ll1A (Rev. 1/75) CIVIL. DOCKET CONTINUATION SHEET PLAINTIFF DEFENDANT DOCKET NO. 65-P-039 LINDA STOUT, et al JEFFERSON CClUNI'Y BOARD OF EDUC. et al . PAGE '13 OF__ PAGE' - 1'9t6E NR, PROCEEDINGS Sep 3 ~':~"..:V(, I ORDER in this and related case by consent of parties that seniors students as set out be permitted to enroll in McAdory High School, filed (POINTER), entere 9/3/86-cm-smc , Oct 2 ~tion (letter) of deft Jeffco. Ed. of Educ. for approval of proposed school construction, additions and grade changes, filed-cs-smc - SEE ORDER ~TED 10/1/86 2 Response (letter) of plff USA to Jeffeo's rrotion for approval of school changes, filed-cs-smc 2 ORDER dated 10/1/86 that the Court hereby approves the requests of Jefferson Cow as outlined in their letter-rrotion, without prejudice to any assertion or request by plffs that improvements should also be made to facilities and - services afford at McNeil School, filed (POINTER); entered 10/3/86-cm-~g 15 Report to the Court of the Jefferson County Board of Education, filed-sm::; fo~ 16 Report to the Court of the City of Midfield Board of Education, filed-smc (1 vol 1987 Feb 12 Report to the Court of the City of Midfield Board of Education, filed-djd (1 va. 13 Report to the Court of the Jefferson Co Ed of Education, filed-djd (1 lrg expan folder) 20 Report to the Court of the Homewood City School Systems, filed-djd May 1 ORDER that no objections having been filed to the letter request of the Jeffersc County Board of Education dated 3/3/87 it is ordered that the requests therein relating to the grade structure at Greenwood Junior -McAdory High and Springdal Elementary School-Fultondale Elementary School are approved commencing the 1987-88 school year, filed (POINTER); entered 5/1/87-crrrdjd Aug 12 Motion of plffs for TEMPORARY RESTRAINING ORDER, filed-cs-djd DENIED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes) 12 Motion of plffs for preliminary injunction (further relief), flled-cs-djd --DENIED (verbal) (SCP) 08/l7/87--acm (See 08/17/87 court notes) Regina Van 12 Affidavits of Tamiko Johnson, Veronica walter, Kimberly Ni=le Gates, /Jesse Vann Sr., with exhibits attached, filed-cs-djd 12 Affidavit of Richard Arrington Jr., in support of plffs' motion for temporary restraining order, filed-cs-djd 12 " Motion of the City of Birmingham for leave to appear as an amicus curiae in supp of plffs' motion for further relief and for motion for temporary restraining order, filed-cs-djd __ GRANTED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes) 13 Motion (emergency) of pHfs to show cause why deft Jefferson County Board of Education should not be held in contempt of court, filed-es-djd __ DENIED (verbal) (SCP) 08/17/87--acm (See 08/17/87 court notes) 14 Motion of plffs to shorten time to take depositions in preparation of hearing on preliminary injunction, filed-cs-djd -- MOOT (verbal) (SCP) 08/17/87--acm(See 08/17/87 court notes) 14 Notice of plffs to deft Jefferson County Board of Education to refrain from communicating with members of plffs' class, filed-cs-djd 14 57q Notice that pHfs will take the depositions of Dr. William Burkette, Dr. Earnest Hardy and Dr. John L. Cantelow on 8/19/87 in Birmingham, Alabama, filed-cs-djd 17 HEARING (pltf's req. for TRC & errergency relief) before the Honorable Sam C. Pointer, Jr.. USDJ - Order GRANTING mot ion of Oonald !'Iatldns ~o appear as pltf's counsel for this hearing og,;r (SCP) - Mot:).on of C:).ty ad0f Btham tida nroCeed 'cus c iae - GRANTED (YAr ) ( SCP) - Amicus cur~ae op s ev ence as put O~y, pltF- Motion of PItt '8 to snow cause why deft should not be iJe'li'i" lll. contempt of court - DENIED (SCP) - Motion of pltf to Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 46 of 55 ... llA Rev, 1/75) CIVIL DOCKET CONTINUATION SHEET PLAINTIFF DEFENDANT I DOCKET NO ~5-P-=-0396-J LINDA S'roUT, e_t_a_l______-'-_JE_F_FE~~S'tha..;lb_CO-UNTY--B-D-O-F-ED-U-C-"'_T_ION__, _ .. 1 PAGE~~ PAGES DATE; NR. i PROCEEDINGS Aug. r (con.) shorten tiJre to take d~positions in pre-par-a-t=i=o-n-of hearing on~eiiffiinary~ . injunction - JvKX)'I' (SCP) - findings of fact and conclusions of law dlctated into the recard in open court - PUf's request for TOO and errergency relief DENIED (SCP) - ( PE, Rptr) --am 17 COURTRCx:M DEPUTY NClI'ES--aan 17 'Clerk's Court Minutes that it is ordered and adjudged that pHf's request for temporary restraining order and emergency relief is hereby denied, filed; entered 8/17/87-cm-djd 17 Trans=ipt of proceedings had before the Han. sam C. Pointer, Jr. on 8/17/87 in Birmingham, AL., filed-djd (Court Rptr: Penny Enoch) 21 Notice of appeal of plff of this court's order entered August 17, 1987, filed-cm-krk 25 Certified copy of notice of appeal, order appealed from and docket entries mail to USCA; transmittal letter to attorneys of record-krk Copy of Faxed ODder-USCA dated 8/26/87 that appellant's motion for stay of 8/17/8 order pending further order of USCA is granted and parties are directed to inform USCA of any action by Atty. General under §5 Voting Rights Act of 1965, filed (TJOFLAT, VANCE and KRAVI'I'CH)-sjr (copy to SCP) \ ,1 Transcript of proceedings had before the Honorable Sam. C. Pointer on 8/17/87 in Birmingham, Alabana, filed-djd (Penny Enoch-Ct Reporter) Certified copy of ORDER-USCA dated 8/26/87 that appellant's motion for stay of p _ ceedin~s pending further order of USCA is granted and parties are directed to informa USCA of any action by Atty General under ,r5 Voting Rights Act of 1965, flIed (TJOFLAT, VANCE and KRAVITCH)-djd Sept 3 c:. DeSignation of plff of record on appeal, filed-cs-djd 10 Certified record on appeal mailed to Clerk-USCA (transmittal letter to attys)-djd Oct Report to the Court of the Midfield City Board of Education, filed-djd IS: Report ot the Court of the Jefferson County Board of Education, filed-djd (2 larg ! expandable folders) 201 Report to the Court of the Homewood City School Systems, filed-djd 1988 I Feb 10 . Report to the Court of the Midfield City Schools System, filect-djd 16 Report to the Court of the Jefferson County School System, filed-djd (in large expandable folder) 18 , Report to the Court of the HOlTe\\iQOd City School System, filect-djd Mar 9 Report dated February 17, 1987 to the Court of the Vestavia Hills Schools. filed-djd 9 Report dated October 18, 1987 to the Court of the Vestavia Hills Schools System, filed-<'ljd 9 Report dated February 17, 1988 to the Court of the Vestavia Hills Schools System. filed-djd 29 '.>I~) Report ~o the Court of the Fairfield City Schools system, filed-djd JUne 7 Suggestion of formation of municipal school system, fDJ\IER CrI"l BO!\.RD OF EJXX::ATICN with exhibits attached, filed-cs-djd (del SCP) 23 Certified copy of ORDER-USCA dated 5/27/88 issued as and for the mandate 6/20/88 that the judgrrcn'c of the Dj_Gtrkt Couet is affil11Ed; further :::hat pIE::; pa:,' defts the costs on appeal, Ilith copy of slip opinion attached, filed (KRAVITC HENDERSON & HENLEY)-<'Ijd (rec~'"d not received) Jet 17 Report to the Court of the Jefferson County School System, filed-djd (in large i e~le folder) Report to the Court of the Midfield City School System, fJi\rd-djd !,i I Report to the Court of the Hare\\iQOd School System, flloo-dJ Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 47 of 55 DC ll1A (Rev. 1/75) CIVIL DOCKET CONTiNUATION SHEET PLAINTIFF DEFENDANT I DOCKET1'0 65-P-O;:lJ1 LINDA STOUT, et al JEFFERSON COUNTY BD OF EDUCATION I PAGEdS. _OF__ PAGE . NR. ' PROCEEDINGS , .. 1~~9E jan 31 IuO I Report to the Court of the Vestavia Hills Board of Education, filed-djd (placed in expandable folder) Feb 9 Report to the Court of the Midfield City Schools Systems, filed-djd (placed in expandable folder) 15 Report to the Court of the Jefferson County School System, filed-djd (in large accordian-expandable folder) 21 Report to the Court of the Harewood Board of Education, filed-cs-djd 24 Report to the Court of the Vestavia Hill Board of Education, filed-djd 27 Motion in this and 85-T-1332-N (Middle District of Alabama ) of defts Harewood City Board of Education, Hoover City Board of Education and Midfield City Boa of Education for detennination of venue and jurisdiction, with exhibits attached, filed-cs-djd -- SEE ORDER DATED 3/9/89 28 Motion (arrended) in this and 85-T-1332-N (Middle District of Alabama) of defts Homewood City Board of Education, Hoover City Board of Education and Midfield City Board of Education for determination of venue and jurisdiction, filsd-cs· __ SEE ORDER DATED 3/9/89 Mar 9 ORIER that defts Homewood City Board of Education, Hoover City Board of Educatio Midfield Board of Education's rrotions for determ:lnation of venue and juris diction raise questions that should be addressed to and resolved by the cou in the Dillard case (85-T-1332-N, Middle District of Alabama) and not by th court; accordingly the rrotions are denied, without prejudice to their consideration by the Middle District of Alabama, fHed (POINTER); entered 3/9/89-an-djd Apr 11 ~lotion in this and 65-"fJM-366-S::>f USA for supplerrental relief, filsd-cs-djd -- SEE ORDER DATED 7/21/89 25 Interrogatories (first disovery requests) of pHf-intervenor propounded to deft Jefferson County Board of Education, with request for production thereon, filed-cs-djd May 19 Motion of Hugh Colston, Sharleen Williams, Johnnie W. Williams, et al for leave to intervene, filed-cs-djd -- SEE ORDER DATED 7/21/89 24 Answers in this and 65-fJM-0366-S of deft Jefferson County Board of Education to plff-intervenor's interrogatories, with exhibits attached, filed-cs-djd JUly 3 Factual stipulations of the parties, with exhibits attached, in this case and 86-C-1779-S, filed-cs-msl 21 ~ion, fi.led (POINTER); entered 7/2l/89-an-djd 21 ORIER based on the findings and =nclusions contained in the opinion filed here~ that the rrotion of the United States for supplerrental relief is granted to extent that the Jefferson County Board of Education is ordered to afford to rerraining rrerrbers of the staff and faculty at McNeil Junior High School the option of retaining their employment status with the Board, subject to OOinS reassigned to other schools and facilities within the county system pursuani to existing policies; further that the rrotion of Hugh Colston, et al to intervene is granted to the extend of their interest in the relief granted under the preceding paragraph, filed (POINTER); entered 7/21/89-an-djd Sept 1 Motion (petitin) of Daniel and Jennifer Krerrer for hardship relief, with exhibi attached, filed-cs-djd -- 9/7/.89 IENIED (POINTER); entered 9/8/89-cm-di.d 8 Reply qf Hoover Clty Boatd ot Education to -Petitjion of Daniel and JeruuferKremer for hardship relief, with exhibits attached, filed-cs-msl 10 to I ')? Re[Xlrt to the Court of the Midfield City Boa.-rd of Education, filed-djd Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 48 of 55 CIVIL DOCKET CONTINUATION SHEET ,',::':""AINTIFF DEFENDANT ! DOCKET NO. _~ PAGE4~ OF_~ PAGES DATE NR. PROCEEDINGS >ct 16 (PP1 Report to the Court of the HCIlB\rood Board of Education, filed--djd (placed in expandable folder) 1990 Feb. 9 Report to the Court of the Midfield City Schools, filed-tgp (placed in folder) 13 Report to the Court of the ~woexi Board of &lucation, filed-tgp (placed in fold r) 16 Report to the Court of the Jefferson County Board of &lucation, filed-tgp Oct. 11 Report to the Court of Midfield City Schools filed-cs-snh 15 Report to the Court of the Hanewoexi Board of Education, filed-djd 16 Report to the Court of the Jefferson County Board of Education, filed--djd 1991 Feb 8 Report to the Court of the Midfield City Schools, filed--djd 14 Report to the Court of the Hanewoexi Board of Education, filed-djd 15 Report to the Court of the Jefferson County Board of Education, filed-djd June 27 Report to tl:B Court of he \€stavia Board of Education, filed--djd 28 Report to the Court of the \€stavia Board of Education, filed--djd Oct 10 Report to the Court of the Midfield City School System, filed-djd 16 Report to the Court of the Jefferson County School System, filed-djd Report to the Court of the Hanewood City School System, filed--djd J< ,t 3,. Report to the Court of the ;"estavia City Schools System, filed-djd 1992 Feb '1 Report to the Court of the Harewood Board of Education, filed-djd . 1 Report to the Court of the Midfield City School Svstem, fUed-djd 14 Report to the Court of the Jefferson Cty Board of Education, filed-djd 20 Report to the Court of t he "",stavia Board of Education, filed--djd Oct 13 . rt to the Court of the :!-lidfield City School System, filed -tIh 19 Report to the Court of the Jefferson County School Board -filed-tlh 21 Report to the Court of the H'anewI:>od Ed of Education-filed-tlh lov 10 port to the Court of the City of Vestivia Hills Ed o~ducation-filed-tlh i993 Feb. IS Report to the court by Midfield City Ed of Eduation-filed-:cs-tlh 16 Heport to the court by Jefferson Cty Ed of Ed -filed-cs-tlh 22 Report to the cout by Homewood City School SystemPfiled-cs-tlh Narch8 Report to the court by The Ed of Education of the City of Vestavia Hills-filed-tl 2.3 Heport to the court by the Florecence City School System-filed-tlh Sept 9 Notion by the Jefferson Cty Ed of Ed for approval of proposed construction and attendance zone line modification-filed-cs-tlh 15 Response by pla to motion of school board for approval of proposed construction & attendance zone line modification-filed-t h let 8 Report to the court by the MIdfiled City Ed of &lucatlon-filed - tlh 15 'I Report to the court by thE' flanewoexi City School System-filed-tlh 1994 Feb 10 .! Report to the court bv Mjdfi.eld Citv Bqardlof fd~c~ig~h filed-jlm aI 1 arch 2 iStS::'> Rep!I:lrt to tne court by vestaV.La s- e Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 49 of 55 DC U1A (Rev, 1;75) _ ___ CIVIL. DOCKET CONTINUATION SHEET ------;~ r.iEFENOANT -~-65-P-396-- DOCKET NO, ____ LINDA STOUT JEFFERSON COUNTY BOARD PAGE _4IoF,___ PAGE ---- I i -1§'g-2;"~=+. ,~R. -h. PROCEEDINGS====~===== April S1 ORDER approving proposed construction and attendance zones line modification, pursuant to provisions of previous order entered in this matter regarding McAdory & Shades Valley School-filed (Pointer)~cm~tlh t 7 Motion by Jefferson Cty Board for court approval of proposed construction, -filed-tlh 10 /17 /94 Construction Approve-filed (Pointer) -an-tlhO Oct l~ Report to the Court by Miafield City Bd of Ed-filed-cs-tlh ',' L lil Report by Home,vood City School System to the court-filed-tlh Nov 2 Report by City of Vestavia Hills to the court-filed-tlh 1995 feb 1'5 RepOrt by the Cit" "f Midfield Schools-filed-tlh March 1 Motion by Jefferson Cty Ed for court approval of proposed construction -filed-t~ -;- 03/15/95 Approved (Pointer)-cm-tlm" * Feb 9 I Report by Miidfield City Schools-fiJ.ed--tlh Feb 17 . Report by ~wood City School System-filed-th April IP Report by the Ed_of City of'Vestavia Hills-filed-tlh Oct 19 Ieport by the Jefferson County Bd of Fducations to the arurt-filed-tlm 23 report by the Harewood Ed of Etlucation to the court-filed-tlm 30 Ieport by the Bd of Etlucation of the City of Vestavia Hills-filed-tlm 1996 Feb 13 Report by the Midfield City Ed of Ed to the court-filed-tlm 16 Report by the Jefferson Cty Ed of Ed to the court-filed-tIm 22 Report by Horrewood City School System - filed - ltrn 27 Report by City of Vestavia Hi1ss to the court-filed-tlm June 10 OPP06ITICN ro JllDTICN FUR ~ SHADES VALLEY 9:HXlL ZCNE filed by Elba .. Mar1I: SchIOiIartz and over 200 signatures of panmts attached envelope incltDed cjv 2 Motion by Jeff Cty Ed of Ed far court approval of attendance zone modifications -filed-cs-t1m July 8 Response of pIa to motion for court apprryJal of attendance zone modifications -filed-cs-tlm 12 M:tim l:y City of Irmlale, Al to :intErl.e:E-fila:k:s-tJm 22 29 (D7ft> ~poo8e by US in non-oppositionto dfts motion to modify attendance zones-filC 11lA !!V. 1!75j CIVIL DOCKET CONTiNUATION SHEET -- ·l-·OEFENDANT ·_·-1-·_·· , DOCKET NO. 65-P.::96 Lin:la Stout . Jefferson County Board of Ed. ! PAGE ~!80F___ PAGES DATE NR. PROCEEOINGS 1996 (CV-96-4513 State Court i) Aug 1 Ib77 Motion of plaintiffs-Intervenors, Daniel/Rime I, LLC, Charlie and I Minnie Henderson, Randy Clark, Greg and Donna Sawhill, to interve e, with MOTION to continue ruling on motion til State Court issues have been devcided and til this Court has fully considered the I issues, with Complaint in intervention and exhs att, filed-cs-j~ 5 HE1IR1N:i 00 MJ'I'I(I'IS (OCP}-Court• s prel:iroinary remarks-Counsel t s argurrents WRI'l'I'FN GRIER to be entered-(Teresa Roberson, Court Reporter) rld 6 !"7& Order the motion for court approal of attendance zone modification filed 6/28/9 Ill? is Granted w/o prejudice to pursuit of state law claims in state court or to reconsideration by thA school board; the rrottion to intervene filed by the owne ,i and/or residents of the Meadows apartment complex and the City of Irondale are Withdrawn-filed (Pointer) -an-tIm OctB' t R::'.?.' ,'t: to toe,CO)Jrt by Midfield City Bd of Education-filed-tlrn , 21 Rdport td'th~ court by'Jefie:t'lroTf 'Coun'tyBl'f"of Ed-filed.:t~ 28 _~epbrt?fo tfie.court by City of Vestavia Hills-filed-t~ Nov 4 Report to the court by Homewood City School System-filed-t~ 1997 Feb 10 Report to the court by the Midfield City School Svstem~rilAn-tlm Feb 18 Report 0 the court by Jeffeson County Baa 8ducEaEion~rlIeaEIm 27 Report by the Harewood Ed of Ed to the court-filed-tlm 21 I Report by City of ~stavia HIls Ed of Ed To the court -filed-tlm I April 10; IMotion by Midfiled City Ed of Ed for modification of attendance zones; and for I declaration of unitary status-filed-cs-tlm 1-- See Order 4/28/97 28 brder the petiton on behalf of Midfield City Ed of Education seeking modification I of attendance zones will be heard at 3,00 on 6/26/97 in Courtrocm N 0 *: any ' party opposing in whole or in part the petition shall rrake known the nature of i s I objection in ,~iting by 6/20/97-filed (Pointer)-crrrtlm 1 June 20 1 Response by the USA to dfts petition for modification of attendance zones and 1 declaration of unitary status-filed-cs-tlm 26 fOCder that by petition dated 4/10/97 the Midfiled City Ed of Ed seeks to modify it I student attendance zone to correspond with the city l:imits of Midfield effective I imnediately for students; K-8 & to obtain a declaration that it has achieved Uni ar'i Status:the court directs the parties to submit to the court a scheduling order on or before 8/15/97-filed (Pointer)-an-tlm Sep 5 Petition of Homewood City Board of Education for clarification or in the alternative, motion for TRO, with exhs att, filed-cs-jlm -- SEE ORDER OF 9/8/97 8 . (~::ll) ORDER that court AFFIRMS Homewood Board of Educat ion's policy re res idence !~); <-I and school attendance and its recent appl ication is consistent with Orders (POI Ef .... .t: c+",,,+,, u ...... "' ... ..-I r';+H DA J'. r Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 51 of 55 DC lllA ...~ (Rev. 1/15) CIVJL DOCKET CONTINUATION SHEET PLAINTIFF 1 DEFENDANT - DOCKET NO. -- PAGE A;;!OF__PAGES Linda Stout Jefferson County Board of Ed. DATE NR. PROCEEDINGS 1997 OCT. );'I{" Stipulation of parties for entry of scheduling order-filed-cs-srn 10/6/97 APPROVING (POINTER) ENTERED lO/7/97-cm-srn 10 Report by the Midfiled City 00 of&lucation-filed--tJm 15 Notice of canpliance of Jefferson CaJnty 00 of Education-filed--tlm Nry..."'- ~, Repo':' by lhe HOmcw,y)d Bdc< fo Edu' a'i.en··f: 'cd-- 'm 26 Hoton by City of Midfield for extension oftime tosubmit discovery ir -filed--cs-tlm _ .... 12/11 1 979 Gratned (Pointer) -cm--tlm DEc 18 Suggesstion of compliance of the City of MIdfield Bd of Ed -filed-tl Feb 10 Motion of Mariorie W. Davis fnr transfer to McAdory High SchooJ f j led t ibll' SEE ORDER 2/17/98 ±9 'j.)\~Report by City of Midfied Schools jo cOl1'pliance with 8,24/71 order . 'filed . t Ill' -) ~1 tl':ec 24 ~j;\6it b~'Vtr;~b:fCbf1,dSciitj'o\rrbfftJ:ie"'}:dtYoiv~Sf'1f!fa" 'I-d.~.l:stilkd:titi'i reb 17 Feport by the Jefferson Cty M of. Ecuation-fHed-tJll' 17 Order the letter by Ms Marjorie Davis for relief attendance zone restrrictions is Denied w/o prejudice-filed-(Pointer)·crr-tlrr 24 Feport to the court by the Mof Ed of the City of Vestavia Hills-filed·.·cs··t}ll' f'lJarch 2 Motion by the plas for extension of tirre-filed-cs·tlrr ,. 03/09/98 Granted(Pointer)··ar-tlrr PJaintiff's sm:J:EMNI' CF Fl'CIS filed--srn 27 Motion by Midfield City Bdof F..d for extenion of t.irre to respond to pIas staterrnt of outstanding issues ··filed··cs- tIll' May 1 Response by City of Midfield BD of Ed to plas StateJrtn of outstaming issues-fLU -t1rr il'bt:j()rl,!>t0~ ~ 'foJ:"',re1case.'Gf casey:WA:I:'$ f.:r:an the ~ 00 ofs Education-filed-tlm 15 Order that the Bessener 00 of Ed release Casey WAre frcm enro1.lIJ:ent allowing him to be reinstated as a stu:Jent at PIGrove-filed (Pointer)-cm-tlm Oct 5 Notice of appearance by Fred D. Gray and FFFFred D. Gray, ,Ir on behalf of the plas -filed··tlrr 9 Notice of Midfield City 00 of Ed filed in carpliance with the 8/24/71 order-filed Dec 7 7 [3 Report of 3d of Ed City of Vestavia Hills-filed-Um Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 52 of 55 DCJ.1.lA (Rr-~75) " ClVIL DOCKET CONTINUATiON SHEET PLAINTIFF DEFENDANT !DOCKET NO. __.__.. ! PAG~OF_~PAGES DATE i NR. i PROCEEDINGS Dec 17 '/; -J Report to the court by City of Homewood School System-filed-cs-tlm 1999 Feb 8 Report to the Court by City of Midfield Bd of Eduation-field-es-tlm 26 Motion by Jefferson Cty Bd of approval of proposed grade changes-fi d -cs-tlm reb 18 Reprt by Jefferson County ad of Ed to the court-filed-tlm March 11 Report by Bd of Ed of City of Vestavia Hil$s-filed-tlm April 1 otion by pIa to withdraw as counsel for pla-filed-tlm July 22 ~otion by Lovell Richardson, Jr to change school districts-filed-tlm 29 rder (Consent JudgMent) as set out i n the provisions of this order fil {Pointer)-cm-tlm Aug 5 Order tht the court authorized the Bessemer Bd of Ed to release Mr Richards child from the schools of that system to another schoo di subject to the jurisdiciton of this court-filed (Pointer)-em-tlm 11 Motion by Lee H. Walker for release of Demetirus Wallace from Bessem r City Schools-filed-cs-tlm See Order 8/19/99 16 Motion by Cynthias Robinson to release Kedrik Robinson from Besseme City Schools-filed-elm __ See Order 8/19/99 19 Order that the letter request on behalf of Demetrius Walker & Kedrick Robinson for release from the Bessemer City Schools and for acceptance as Students at McAdory High School in the Jefferso county Sc 001 System are under the provisions for a majority to minority transfer granted to the extent that the Bessemer & Jefferson Cty Bd of Ed are each authorized to allow such transfer w/o however any obligation by the Cty Bd to provided transportation-filed-{Ponterl -em-tIm Dc' J Report by Midfield Board of Education - filed- dc 22 Report to the court by Jefferson County Bd of Ed-filed-dc Nov 30 eport to the court by Hanewood City School System - filed-de DEC 27 Report to the court by the Board of Ed of the City of Vestavia Hills-filed-dc 2000 Feb 10 Report to the court by the Midfield City Board of Ed - filed-de 16 Report to the court by Jefferson County Bd of Ed -fi1ed-dc 24 Report to the court by Homewood City School System -filed-de 24 .733 Report to the court by City of Vestavis Hills - filed-de Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 53 of 55 DC IlIA (Rev. 1/75) r-;:;;-==:-;::-______-"C:.:l-'-V:.:lL..i-'0::,o:;;c"'K";E=.:T~C:7;0NTINUATION SHEET PLAINTIFF DEFENDANT : DOCKET NOe Y-.:-'" S-~.-: i PAGE&_OF_._PAGES DATE: PROCE:EDINGS 2000 . Sep ., 73Y kotion (joint) by parties - dfts Jeff Cty Bd of Ed, et al & pla(s) Linda Stout, et al & intvp USA for order approving Consent Order - filed- dc (Consent Order & exhs (map) atta) 15 '7:';;') CONSENI' ORDER by the parties approving joint trotion for consent order filed (Judge lnge P. Johnson) an asl Oct 16 rt to the court by the Midfie1:d City Boanl of Ed - de Oct 24 Jefferson Cty - out of district transfers 2000-2001 - dc (1 box 1 expandable) ((iX;t 30 part to the court by the Ed of Ed of the City of Vestavia Hills - filled - de NOV 13 1 Report to the court for the Hanewood City School Systen - filed-de 2001 Feb 8 eport to the Court by the Midfield City Board of Ed - de Feb 22 Report to the Court by the Homewood City School System - filed dc Feb27 Report to the Court by the Jefferson County - filed dc MAR 5 Report to the court by the Bd of Ed of the City of Vestavia Hills - filed - dc JUL 20 Motion by petitioners MoDena!, Smith & Powers for relief &trodification of consent decrees to chac~ge zoning lL~es - filed - asl JUL 27 tion by petitioners Fant, Shoop & Moore & signatures orl att appendix B for relief from attendance zoning lL~es for Gresham Middle & Shades Valley High School to include all residants & students of the City of Irondale filed - asl (with exhs att) JUL 31 Motion by Mr &Mrs Lee H. Walker to allow sons Jeremy & Demetrius Walker to transf I from Besserer City School District to Jefferson County School District - fil~ i AUG 2 ORDER that motions filed by plas on 7/20/01; 7/27/01; & 7/31/01 will be heard on 8/21/01 at 3:00 p.m. in Sham Al (entered 8/3/01) (Judge Inge P. Joh~son) em , AUG 8 Motion (letter) by petitioner Teria H. Brown for a majority to minority school transfer for minor sen Joseph E. Brown to Shades Valley High School - filed AUG 9 tion by Lee H. Walker for emergency relief - filed - asl AUG 9 ORDER that the letter (deered a motion) filed by Teria H. Brown on 8/8/01 will be heard on 8/21/01 at 3:00 p.m. in Sham AL; ordered that all letters/motions sl be served by petitioners in this case on parties to lawsuit(entered 8/10/01) (Judge Inge P. Joh~son) an asl Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 54 of 55 DC lllA IRe\'. 1/(5) CIVIL OOCKEi' CONTINUATION SHEET PLAINTIFF ------'-r-:::O·;;::EF"'E'""N"'"DA=NT ··-·-·-··----rj-----(p5-39(, S I DOCKET NO, _,_,,_ i PA~~F_~PAGES DATE NR. ' PROCEEDINGS ,=-= 2001 Aug 9 '1 SI ORDER that rrotion fi,led,Qy, LE'fl I;J,.. WalkE'x on 8/9/01 be beard at 3:00 p.m. on 8/21/ Bharn AL; ordered that all letters/rrotions should be served by petitioners on to this lawsuit (entered 8/10/01) (Judge Inge P. Johnson) ern asl Aug 9 Attorney Appearance Notice by Kristan S. Mayer & Valerie Sirrons & Jenny L. Smith the USA; substituting attys for Daniel Kobrman who is no longer atty of reeo the USA - filed - asl sp:mse (joint) of the parties to petitioners I ITDtions - filed - asl tion by Teresa Willcut for court approval to allow Brandon, Tyler & Hayden Willc tt to be gr~~fathered into Gardendale Schools - filed w/E'~ att - asl er that motion filed by Teresa Willcutt on 8/10/01 will be heard on 8/21/01 at 3:00 p.m. in Bharn AL; ordered that all letter/ITDtions should be served by pet on parties to this lawsuit (entered 8/14/01) (Judge Inge P. Joh~son) em asl r denying parties' request to be allowed to appear by telefhone; parties are ~ encouraged to review pending petitions to ascertain whether or not the partie ar agreeable to the court granting relief sought, provided the county board be relieved of any obligation to provide transportation to petitioner's children (entered 8/15/01) (Judge Inge P. Johnson) em asl ug 17 ubrnission of Evidence in support of petition fileq7/20 for relief and modificatio of consent decrees to change zoning lines -filed w/exhs att L"1cluding poster bo' m Aug. 22 ORDER gra"1ting 6 petitions for transfer to various schools as set out in the peti after hearing on August 21, 2001 before the Honorable Inge P. Johnson; setting Novembex 3D, 2001 at 9:00 am hearL"1g before Judge Johnson of the parties with in itc to Mayor of Irondale and other possible mayors who may choose to participate; iE toascertain cornpli~"1ce with court orders in time to sensors a fair and orderly transfer process prior to the beginning of the 2002-2003 school year, filed (JOHNSON); entered 08/22/01 ern - snh Aug 21 Hearing held before the Hon IPJ, USDJ, re Plffs' Motion filed on 7/2 , 7/31, et al. Written order to follow (see above order). Ct Rtpr, Penny Adams - ems Aug 23 '7 "I Motion by TE'Iesa Willcutt for clarification of 8/22/01 order regarding having Bra. on, Tyler a"1d Hayden Willcutt grandfathered into the Gardendale School System-fil -1 Aug 27 DENIED ITDtion to seek clarification of 8/22/01 order--ern (Johnson) entered 8/27/01 ma Aug 28 Order amending 8/26/01 order that Walker's transfer request were conditioned on Walker paying previously owed & presE'nt tuition costs, filed (JOHNSON); entered 8/29/01 em - asl Aug 29 1 Ie 2. Trans=ipt excerpt of hearing held before Judge Johnson on 8/21/01, Penny L. court reportPI - filed - as! Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 55 of 55 DC U1A {Rev, li75) CIVJL DOCKET CONTINUATION SHEET PLAINTIFF DEFENDANT DOCKET NO. ______ PAG530F _____ PAGE:= DATE NR' PROCEEDINGS i 2001 ' Sep 5 '7 loB ~tion by Karla McGrady regarding acceptance & continuation of children's educati in the Jefferson County School System, specifically Snow Rogers Elementary, Bragg Jr. High & Gardendale High School - filed - asl See order entered _"'-/1 q/7/DI doc4t7i>5 in ·.U "'-' Cm1P'"tu ..' ..I j (r' ().... 1:JJv OJ..L o' r (" I I, f....,uJ -' ' ,Q.., 1\ ( t I I .it [l.;;r !-" '~7 ;; )0