c. 106 Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 1 of 14 CIVIL DOCKET 3983 (f{){R) :
TITLE OF CASE ATTORNEYS
For Plaintiff: UNITED STATES OF AMERICA, by NICHOLAS deB. Katzenbach, Nicholas deB. Katzen- At~orney General of the Unit~d States bach, John Doar, D. Robert Owen, Robert E. Hauberg~ P.O. Box 2091 _NM!=-_CP.,.--_Le____..g.._a_1_De_f_en_s_e_an_d_E_du_c_a"'"t_l._·ona"---'""1"""--'-Fun __d_.,'--In.;._;;;..;.c...:..---"'a=s--'Atni=-=·==· c.::.u=s=------t.o.JJu::au.c..r.k..;osc.Yo~nLt-,___.nM.Lj .i:>.s.i:>.s ...... ______Curiae _vs. Fred L. Banks, Jr., P. 0. Dr.290 -~_.______,_ ____""-----'------Jackson, Ms. 39205 - 948-7301 (Amicus 0Jriae NAACP Le~etl Dewn For Defendant:& _EnllCationai Ft mdtin' AMITE COUNTY SCHOOL DISTRICT; ANNIE· AND~EWS, Superintendent of J.lT. Goraon-,-sc . , Education, Amite County School District; C.C. JACKSON, JR., Liberty, Miss. (DEC'D)
D.M. DIXON; CHARLES D. LEWIS; ALFRED CARRAWAY;. DEMPSEY NEWMAN, 4'louuas -H-; iiatk+rrs-Robert A.Mill Trustees, Amite County School District Watkins & Eager P. 0. Box· 650 ~SIS OF ACTION: CIVIL RIGHTS: T. 42 U.S.Co § 2000c-6(a) & (b) - .I a ck son , Ms 39205 Civil Rights Act of 1964 - Defendants enjoined from racial dis crimination in school system plus costs of this action.
IRY TRIAL CLAIMED
DATE PLAINTIFF'S ACCOUNT RECEIVED DISBURSED DATE DEFENDANT'S ACCOUNT RECEIVED DISBU,.RSED :r .·, ••
----1------1---~··] ~---l------l----ll------l------l----1----l------l-~-
ABSTRACT OF COSTS RECEIPTS, REMARKS, ETC. _____To__ w_H_o __ M_D_u_E ______I AMOUNT
------l·------1------Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 2 of 14 3983
AMOUNT REPORTED I DATE FILING5-PROCEEDINGS EMOLUMEN' RETURNS
Complaint, orfginal and seven (7) copiesp filed. ~ ' . . 8-9-66 Summons,.original and seven (7) copies, copies having attached -~------l-t=h~e=r~e==t=o-=c~o£pLy~o~f~c~o~m~p~l~a~i~n~t~1~·s~s~u~e~d~a~n~d~h~a~n~d~e~d~U~·~Su.~M~a~r~s~hwa~l~. _____ ,____ ~_ 8-9-66 Plaintiff's Notice and Motion for Preliminary Injunction with ______, hearing set for August 17, 1966 at 9:00a.m. in Hattiesburg, Miss., with certificate o£ service,. filed. 8-l?-69~ 1 -lM~a~r~s~hwa~l~'~s-Lr~e~t~u~r~n~o~n~s~u~m~m~oun~s~a~s~t~,a~~c~.~C~._QJga~c~k~s~o~ny,~-~Jwr~.~-,~Alln~nLl~·e~-l------~l:·_ Andrews, D.M. Dixon, Charles D. Lewis, Alfred Carraway and Dempsey Newman, ex~cuted, filed. 8-17-66 Motion by defendant-s for further time in which to --answer motio 1 for preliminary injunction with affidavit and certificate of service, filed 8-17-66 ORDER: Permanent Injunction granted; defendants enjoined from
_____ , ....:d=.:i~s~c:::,:r~1:=:'m~in~a.:::.t-=i~nJ::g~o:=:n~t~h~e:__::b~a~s~1~· s:::__:o:::.:f=-...;r::.:a=c.:::.e____:::_o~r___:::c~o.:::l:..:::o:.::r---=i:.=cn::__:t:.:.h::.::e::__:o::..Jp::.:e::.:ra=-=-t::.:1=-· o::.:n::...... ___ _ 1 of the Amite County School District and from failing or refusing
______1 _t~o~t~~ak~e~s~t~e~p~s~t~o~e~l~i~m~i~n~a~t~e~t~~he~e~f~f~e~c~t~s~o~f~r~a~c~i~a~l~d~l~·s~c~r~1~·m~1~·n~a~~ti~o1h~------1~·nu_tkh~e~o~p~e~r~a~t~i~oun.~o~f_Jt~.h~e~s~c~huuouo~l~s*y~s~t~e~m~i~n~a~c~c~a~r~dllaun~c~e~w~it~.h~t~.h~e ___ 1______proposed desegration plan of the 1966-67 school year, filed an~ entered OB 1966 pages 523,52L~,525,526,527,52B,529,530,531 ,532,,______,_ 533,534,535,536,537,538,539 and 540~'------1------1- . 8-17-66 Miss Speights handed copy of abova_urder to attorneys. $-17-66 Plaintiff's Exhibit 1 received and filed.
8-17-66 Final J. S. 6 card.
--- 9-19-66 ~endant's Report as required in Order of 8-17~~6~6~,-=f~i~l~e~d~·-----l------l-
12__ -?~6_6_.- _Plaintiff's Notice of Motion and Motion to Clarify and Modify 1-----
______--.:0:.:r:..:d::.:e:.:r::__(~N:.:~o:.:t:::.:i::.:c::.:e::..:d:::.___:f:::.:o:::.:r::...__;l::..:2=--_;l=-9:::...-_;6:::.:6~a~t===--9::::...:..::0::::.:0~1~· n~B~1=-· l::.:o~x~1=.· ),__w!!.~=-· t.,h""--'c""e""-r=-t!%..~ ....· ..._fl..._·- ______1 1
______1 __ c~a~t~e~o~f~s~e~r~v~i~c~e~,~f~1~·l~e~d~·------I------ 12-8-66 Memorandum in support of plaintiff's motion to clarify and
-_-______1 _ _;m~o~d~i~f 2y~o~r~d~e~r~w~i~t~h~A~p~p~e~.n~d~ix~A~Ba~n~d~B~~f~i~l~e~d~·~------I------
12~19-66 Answer to Notice of Motion and Motion to clarify and modify 1------______,~o~r~d~e~r~o~f~A~u~g~u~s~t~_~l~7~,_1~926uu6=-~f~i~l~e~d~.------!------ 12-23-66 Notice of hearing on above motion on 1-4-66. at 9:00a.m., in Jackson, Miss., and Certificate of Service, filed. 12-29-66 ORDER: Ordered that plaintiff's Motion to clarify and modify order should be renoticed for and heard on January 4, 1967 in Jackson, filed and entered OB 1966, Page 953. Ji:J "' Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 3 of 14 ,44. crvrL DOCKET 3983
CLERK'S FEES A MOUN"' REPORTED DATE FILINGsr-PROCEEDINGS EMOLUME PLAINTIFF DEFENDANT RETURN: Co!lv of above order mailed to Attorney Gordon. 2-29-66 ~ ,/ 2-23-67 ORDER modifying and clarifying this Court 1 s Ord er f:i led ugust 17 1966: •••• The defendants shall file wi th tr e Clerk of this Court and serve on the plaintiff withi n 15 dav s aft er entry of this or.der a report including and sett ing f ort h: a. A Cooy of the notification issued to parent s of the chil~re p whose choice~- or applications to transfer were pre vi ous ly re- jected and are eligible to attend by the t::erms of tl" is prder 1 ~ b The number of students bv qrade who \vere no+-i ~ fied - v..;ho decided to attend the previously all-white scho ol, 't' ho I 4 -7-67 Plaintiff's Notice and Motion for Supplemental ReliE f 't< [th certificate of service and attachment~ filed. i(Copj of Lett er from Robt. Atmore explaining omissions in Notic e. a tac~ed} 4-28-67 ORDER to show cause set for hearin~ on Mav 4. 967 n oi acksc n as to why ando~~errshould not be entered in ace orda 1ce with the decree of Fifth Circuit: Further Ordered tl Ll!t a COl 1y of I order be served on attys. for defendants by U.f • Ma ~"sh~ 1. f le< and entered OB 1967. Pages 314 and 315. Two copies of order handed u.s. Marshal for se:~ vice on defet dar ts' atty. in acm rdance with instructions from Ass1 . u. ~. J ttorr ey Bob Atmore. 5 -4-67 Response of Amite County Board ofEducation to Motior fi led b 'v u.s.A. Wi~h certificate of service~ filed. 5-5-67 EXHIBITS: Defendants 1 thru 3 received and fi ed. 5-5-67 )RDER: ordered that the defendants, their aqents • of ice rs ~plovees and successors and all those in active cone ~ert and Participation with them. are oermanentlv en;oint== d frc lm t1 li st"'ri mi_n a tina_- 1t>n the basis of race nr en 1 nr in i-h,. oi-i nn r -F i-ht: _Am ; i-,. ,.., l7 -.~. ~chool•,.Tsvstem· as set out more oarticularlv in t he be ~dv n-F -t-h 1,. l!ecree. thev shall take affirmative action to di sest<: lbu ish "'111 ~chool seqreqation and to eliminate the effects of tl' te d llal s bhr nl -Fi1An ;:.nn """i-""r""llii nR 1 Qe:;,"7 P~NOC! ":lC::~ ... ,., ...,., ":l& ..::: lt ,..,...,.."', i;V"stem . - ... J. th n:nart-m, 5-8-67 ~~anstedt the dJ.rectJ.on~ttorJ)ey o:~i A~~f,enda~t~br ~ornev lP- lPnt n-F .11 lSi- i be B I popies of the above Order handed u. s Marshal 5-9-67 rr1a.rshal 's return on Order to show cause execute :i by del ~veri pg D. C. 110 Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 4 of 14 3983 1 CLERK•s FEES AMOUNT REPORTED IN DATE FILING5-PROCEEDINGS EMOLUMENT PLAINTIFF DEFENDANT RETURNS to and leaving with J.D. Gordon. AttorneY for d efend :mt • filed. 5-12-67 l11iarsh3.l 1 s return on Lirder filed 5-5-67 executed as t p a 1 defendants, filed. 10-16-6 Report of the Amite County School District in accordanc e wit 11 Order of 5-5-67 with certificate of mailing, filed. 6-18-68 Report of the Amite County School District in accordanc e wit 11 Order of May 5, 1967, with certificate, filed. 7-5-68 Notice of Motion and Motion for Supplemental R !lief by plaintiff to counsel for all parties (time and plac ~ t > be set by the Court), filed. 7-10-68 ORDER: Defendants to file by 7-26-68 ~lan or p la_ns to 1'-nsur~ ~ediate and effective eradicationcf raciallv iden tif ~able sc tlools further ordered: defendants to submit to Court and ser Ire up pn each party certain information accompanying ea ~h pl an !lS to name, location and student capacity of each sc 1001 and info pus ""ion as to 1968-69 school vear etc filed and ent ~red DB .968 .oa ~es 542-544. (Copy mailed attorneys) 7-16-68 Notice of Motion of defendants and Motion to Vacate Or ~er o F C, tmrt: entered on 7-9-68. for hearina at a time and J)l see t 0 b e set bv the Court, with copy of Order attached_ with certi Ficat e o F ser iTice fi .ed 7-23-68 Certificate of service - filed 7-30-68 ORDER: IT IS, THEREFORE, ORDERED that said Order of th s Cou t 0 July 9, 19b~, be and the same 1s hereby vacated and set as1.dE ' l:111 !d a lld entered OB 1968, Page 618. -JU-bi:S !Copies of above order ma11ed to attorneys ol: record. g..;a-68 Notice of Appeal by USA, Plaintiff-Intervenor from oral order on July23, 1968- filed. 8-l-68 Copies of Notice of Appel forwarded attorneys of record. -1-68 Desi~nation of entire record by USA - filed. 8-1-68 ORDER retaining record on appeal taken bv USA .. file d a 1d en ~er ed OB 1968, Page 639. 8-2-68 Copies of Order retainina record on aooeal for irlarde d a '":torn, ~vs of record. 8-14-68 MOtion of defendants to consolidate,this actio ~wit h c ~vil ~o. 4075 for purposes of trial and Notice of heari 1g at 9: )0 a. ~. pn 8-30-68 in Jackson!> Miss •• with cPrt-i-Fi" ...... o sear, r-f,.- , .,:.; .,.A 8-15-68 Copy of Notice by defendants of hearing on moti ons t 0 c pnsol ida ~e Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 5 of 14 D. c.no.A. 3983 CI..ERK•s FEES AMC DATE FILING5-PROCEEDINGS 1-----.-----; ~~~ PLA!f.ITIFF DEFENDANT RETl in Civils Nos. 3807 (Jackson Div.), 1373 (Eastern D v.), 1160 (Western Div.), 1120 (Western Div.), and 3983 or purposes of trial at 9:00 a.m. on 8-16-68 in Js~ksot , Miss., with certificate of service, filed.· 8-19-68 ORDER: consolidating this and other school ca es ip the Southern District with Jackson Civil Actiot #40~5 filed and entered OB 1968, pages 696 through 7( 1. 8-20-68 Copies of above order mailed to attoxneys of r~cord j 8-21-68 ORDER OF FIFTH CIRCUIT: School cases consoliw ted l=or purposes of appeal; appellants motionfbr injunction pending appeal, for expedited hearing on appea and for summary reversal denied; the district cour1 to give school cases top priority, conduct heari~~s in ea 12-2-68 EXHIBITS: P-1 through P-5; D-1 through D-6, filed. 12-16-68 Copies of defendants' Exhibits 1, 2, 3, 4 and sub~ti uted for originals, being exhibits to the testimony of M~ss Annie Andrews, Supt. of Education, filed. 12-28-68 Court Reporter's transcript of proceedings had on December 12-2-68- filed. 5-13-69 Opinion of Three Judge Court in twenty-five consolidate school cases. Separate order to be entered in each case filei. 5-13-69 Copies mailed attorneys of record. 5-16-69 ORDER: that plaintiffs' Motion for Supplemental Relief is denied except as provided for hereinafter; ~hat defendants shall take positive steps to achiev~ ccmplete desegregation of their school faculties so tha~ by the beginning of the 1970-71 school year the pattern of teacher assignments to each s~hool is not iden~ifiBble as tailored for a heavy concentration of either Negro or white pupils ••• In order to insure full compliatlce ty the commencement of the 1970-71 school year, defencant~ shall achieve substantial faculty and staff de~egregat~on Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 6 of 14 3983-Civ CLERK"S FEES AMOUNT DATE FIL!NG5-PROCEEDiNGS 1-----,------j ~~~~~~ PLAINTIFF DEFENDANT RETURNS for the 1969-70 schai year~ filed and entered OB 1969~ Page 524. 5-19-69 Copies of above Order mailed attorneys of reco d. 6-12-69 Notice of Appeal by Plaintiff fo~:Fifth Circuit Court of Appea order entered 5-16-69, filed. , 6-12-69 Certified copy of Notice of Appeal to Clerk, U.S.Court of Ap 6-12-69 Mimeo notice to E. Mathison, et al. 6-24-69 ORDER AS TO APPELLATE RECORD: Appellants 1 counsel to fi 1 vTi t th s co ithin 5 days designation; within 3 days after receipt o copy of uch designation appellees' to file designation as to such ad ition 1 p rts o record and clerk to have additional 30 days within which o fi e r cord f such designated parts vTith the Court of ·Appeals at New 0 leans - f led ru d entered OB 1969, Page 639-644. 6-24-69 ertified copy of above order mailed Court of Appeals. 6-24-69 Copy of above order mailed attorneys of record. 7-3-69 OPINION of FiFTH CIRCUIT - filed 7-3-69 JUDGMENT - Fifth Circuit: Order of District to said District Court with directions in acco of this court - filed 7-7-69 OB 1969 Ps 697 - 03 7-5-69 ORDER: (1) The educators from the Office of U fHE requested to collaborate with defendant school boar atio of plans to disestablish dual school systems ( ) Pa r counsel directed to comply with plans & confor wit t les requirements of 7-3-69 order of Fifth Circuit 3) 11 matt rs which cannot b~ resolved by parties be immedia ely this Court (4) Clerk of this Court shall promptly t or attested copy of this order by airmail to Offi Heal Education~ Welfare, Washington, D. C. (5) Th be mailed to each counsel of record in these 25 s s ffic ent notice of d~ties & requirements imposed on the fil d and entered OB 1969 Ps 690-695 7-7-69 Copies of above order mailed to attorneys of r ed copy by airmail to the Office of Education, He nd Welfard, Washington, D. c. 7-8-69 Report of Amite County School District for 1969-70 te Order of 5-5-67, ~With~certificate of service, filed. Copy of letter dated July 10, 1969, from Edwar lerk of Sth Circuit Court of Appeals to all counsel o ched corrections of Court:':s opinion order, filed a k of ourt's opinion order. 7-28-6 FIFTH CIRCUIT: Certified copy of Modificatio by 5th Circuit on July 3, 1969; renumber par striking from such order on pages ,17 and 18 p in their entirety and inserting new pars. 5 & no agreement is reached Office of Education t to district court on or before 8-11-69; parti date proposed plan filed with district court Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 7 of 14 3983 D. C. llOA Rev. Civil Docket Continuation Dat DATE PROCEEDINGS \ Judg \ ---'---1 or suggested amendments therefo; district court to hold hearings on proposed plan & any objections thereto and enter plan no later than 10 days after time for filing objections has expired (6) Plan shall be entered for implementation by Dist. Court no later than Sept. 1, 1969 & effective beginning 1969-70 school year; jurisdict ion to be retained until it is clear that disestablishment of dual school system has been achieved - filed and entered OB 1969 P 801 · 809 7-31-69 Order as to Procedure of Removal - filed and entered OB 1969 P 825 - 832 7-31-69 Copies of above order mailed counsel of record 8-11-69 Letter o£ 8-11-69 to Judge Cox from Dept. of HEW with Attachments A and Band Desegregation Plan for the Amite County· School System, filed in quadruplicate. 8-19-69 Objections of defendants to suggested amendments to HEW Plan, with certificate, filed. 8-21-69 Copy of Motion of US for leave to file motion seeking modification of mandate, with attachments, filed. 8-22-69 PER CURIAM: Copy of Order from Fifth Circuit Court of Appeals recording delivery of letter to Judges from Sec. Finch and filing of motions in Dist. Court with appropriate similar motions LP~·~Kxxx«••Txxwxx• in Court of Appeals seeking the entry of orders granting the suggested extension of 12-1-69: "The Court has taken no action other than to record these facts.", filed and entered in OB 196~ - page 886-890. 8-22-69 Copy of order appointing Mrs. Sue K. Richmond as temporary Court Reporter, filed and entered in OB 1969 - page 896. 8-25-69 Copy of amended motion of US in CCA and proposed amendednOrder attached, and certificate, filed. 8-25-69 EXHIBITS: P-1 through P-4, and Govt. 1 through Govt. 30, filed. 8-26-69 Court Reporter's Transcript of hearing before Judge Russell and Nixon in Jackson on 8-21-69, original and three copies, filed. Original Forwarded Fifth CCA and copies furn-ished Judges. 8-26-69 Copy of Findings sf Fact and Conclusions of Law, filed. --Qrigi-nal to Fifth CCA signed by Judges Russell and Nixon. Copies to be furnish~d all attorneys by Ron. Robert C. Cannada except Attorneys Anderson, and U. S. Attorneys. Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 8 of 14 3983(J) DATE PROCEEDINGS Date J"udgrr 9-3-69 Opinion Order from Fifth Circuit: On or before 12-1-69 acceptable plan by Board of Trustees in conjunction with Office of Education is to be submitted to the District Court; Court will approve pla unless within 15 dayscobjections or proposed amendments are filed or if any part does not comply with castitutional standards; If no agreement m reached Office of Education will on 12-1-69 prese proposed plan and parties will have 15 days in which to file objections. Court to hold hearing on proposed plan or suggested amendments within 15 days and enter order. Court to enter·Finding of Fact and Conclusions of Law regarding efficacy of plan. By 10-1-6~ Board of Trustees in conjunction with Office of Education to develop program to prepare faculty and staff for conversion from dual to unitary system; Office of Education to report to Court b ... 10-1-69. Court may approve. No new,construction until terminal lan approved by court, filed and entered in OB 1969 - page 908-919. 10-1-69 Defendants' Program to Prepare Its Faculty and Staff for the Conversion from the Dual to the Unitary System with Certificate and attachment, filed. 10-31-6 SUPREME COURT per curiam opLnLon: Court of Appeals order of August 28, 1969, hereby vacated, cases remanded to that court with directions. - filed 11-3-6 FIFTH CIRCUIT COURT OF APPEALS: Certified copy of order dated 10-31-69: Judge Griffin B. Bell designated in place of Judge John R. Brown to serve with Circuit Judges Thornberry and Morgan; Mandate in cases included in court's order of Aug. 28, 1969, granting stay recalled, this panel assumes control of each of case for purpose of effectuating order of Sppreme Court; appellants, appellees & USA as intervenors shall file with the clerk their proposed order which will implement opinion & decree of Supreme Court rendered Oct. 29, 1969 - filed OB 1969 P 1107 - 1108 11-17-69 Report of Amite County School District for 1969-70 term as required by Order of 5-5-67, with certificate of service, filed. 11-7-6 FIFTH CIRCUIT: Certified copy of order per Supreme Court Decision of 10-29-69. No later. than 12-31-69 -~.pupil attendance patterns and faculty assignments i,n: each distric·t. ·shall comply ·.. with the respective plans of Office of Education.''· Judge Dan M.- · Russell, Jr. designated to receive suggested ,modification$~, but· , none may be submitted to Judge:_Ruf;sell before 3-1-70 and such suggestion or request shall comtemplate effective date of Sept. 1970. Judge Russell directed to make full findings of fact with respect to any recommended modification and fefer to Fifth Circuit. No plan to become effective without order of Fifth Circuit. Motions of private liSigants for attorneys fees Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 9 of 14 P.g D. C. llOA. Rev. Civil Docket Continuation 3983(J) D: DATE PROCEEDINGS Jud held in abeyance; motion of private litigants to require filing of further plans by Office of Education for use in Hinds County, Holmes County and Meridian districts is denied. Jurisdiction retained. Appendices 1 thru 30 - filed 12-30-69 Motion of defendants - appellees (other than the U .. S .A.) for transmission of:. ·record to the Supreme Court upon petition for writ of certiorari, filed. 12-31-69 Order for Transmission of record in accordance with Rules of the Supreme Court of the United States: On motion of defendant, appellees other than U.S.A. alleging petition for writ of Certiorari will be filed in the Supreme Court (in Fifth Circuit Cases numbered 28030 & 28042) Ordered: (a) Original papers to be forwarded to Supreme Court in lieu of copies. (b) Clerk of this Court authorized and directed to make proper arrangements, for safekeeping, transporting and return of the original papers beginning with the petitions and proceedings filed on and after Oct. 1, 1968, in each of said cases including all pleadings, proceedings, transcripts of evidence filed with the Clerk and other matters of record thereafter filed up to and -including present date. (c) The Cl~rk shall include all those portions of the record in said causes that were transmitted to the Clerk of the Supreme Court of the U.S. in connection with petition for writ of certiorari filed in said Court in Cause #632, Oct. Term 1969 (Beatrice Alexander, et al. v. Holmes County Board of Educa tion, et al (Civil Ac~ion 3779) as well as all pleadings proceedings and portions of the record in this Court filed herein subsequent to the judgment and opinion of the Fifth Circuit Court dated July 3, 1969 - Filed and entered OB 1969, P. 1272 - 1275 11-26-69 FIFTH CIRCUIT: Order Granting NAACP Legal Defense and Education Fund to participate as Amicus Curiae in case where U.S. is presently sole plaip.tiffeb Oi!b l970 P Ia 8-71 . FU"rR CIRCUIT: Or<1er P~ Y• g . . 12·5-69 J?et:ition for Rehearing 11'?-d Pet1.~on .tor Rehearing En Bane , fl. led. an ttltu.eJl QB. 1.970 ·~ _ :Z-? ·• , . 12-11-69 FIT."_rru CTRCUI'T': Order Amending Plans of ·Amite County School District, filed and entered, OR 1970 P 14 _,. 7 7 3983 (J) Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 10 of 14 Da.te DATE PROCEEDINGS Judgm 1-8-70 FIFTH CIRCUIT: Order designating United States as Amicus Curiae, filed and entered, OB 1970 P· 9/- 9~?.. • 4-2-70 Certified copy of Order of Fifth Circui!::: Defendants in consolidated school cases shall file with the Clerk of this Court on 4-15-70 and on 12-1-70 and on the same date annually thereafter a report containing information called for in this order. Filed and entered OB 1970, P. 533-540. 4-14-70 Petition of Defendants for authority to continue during the 1970-71 school term and for authority to dispose of certain school property with certificate of service, filed. 6-15-70 Plaintiff's Response to Defendants' Petition of 4-15-70, with certificate of service, filed. · · ( ~- . , · ' ' ) 7-14-70 Findings of Fact and Recommendations of Judge Dan M. Russell, original and one signed copy, filed. 7-14-70 One Signed copy of above Findings of Fact forwarded to Fifth Circuit Court of Appeals. 7-14-70 Copy of above Findings of Fact forwarded to attorneys of record. 7-22-70 Court Reporter's Transcript of proceedings had on 6-24-70 at Jackson, Mississippi before Judge Dan M. Russell, filed. 7-22-70 Transcript forwarded to Fifth Circuit Court of Appeals. 8-6-70 FIFTH CIRCUIT: Order that motion of NAACP motion to supplement record is granted, said supplemental -record in form of petitions restricted to showing number of negro parents in Amite County are opposed to student assignment plan based on sex. Filed and entered OB 1970, p.p. 1049. 8-7-70 Certified copy of order of Fifth Circuit: ruling deferred on findings of fact and recommendations pending receipt of 10/15/70 and 4/15/71 report from defts., filed and entered OB 1970, p.p. 1051-1052. 10-21-70 Report due October 15, 1970, received. 4/16/7 Report of. school organization due 4/15/71, filed. 11/22/71 Report of Amite County School District of School Organization as of 10/15/7l,file . 4/24/72 Report of Amite County. School District of School Organization as of 4/15/72, filed 10-17-72 Report of Amite County School District of School Organization as of 10-15-72 in accordance with Order of Fifth Circuit of 3-30-70, with cert. of service, filed. 11/13/72 ORDER CLOSING CASE: Action closed subject to being reopened by parties or Court, filed nad entered OB 1972, page 1352. (WHC)(Copies mailed William Allain, David L. Norman and Jerris Leonard, Dept. of Justice and all attys. oi record.) 11/13/72 FINAL JS 6 CARD FILED. 6-5-75 Certified copy of Order from Fifth Circuit: (AMITE COUNTY SCHOOL DISTRICT) Defts. to show cause. within 30 days why they should not be enjoined from assigning students to grade sectipns on basis of race & sex, filed and entered Json OB l975, Pages 949-951. 9-21-77 Copyof ORDER OF 5th CCA: on appeal of pltf. U.S.A. from district court's recommendation that deft. Amite County School Dist. be permitted to maintain a sex-segregated student assignment plan among the four schools of said district, case REVERSED AND REMANDED so that district court and parties may fashion an Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 11 of 14 CIVIL DOCKET CONTINUATION SHEET FPI-MI-3 -14· 75 -50M· 3 511 PLAINTIFF DEFENDANT DOCKET NO. 3983 (.I) United States of America Amite County School District, et al PAGE/II_ OF__ PAGES " ·,. DATE NR. PROCEEDINGS appropriate remedy as required by the EEOA, filed and entered OB 1977, pages 2118-2128 (parties to receive copy notified by Judge Clark's office - copy handed Velia Meyer of Watkins & Eager, Fred Banks, and Mr. Hauberg, U.S. Atty.) 9-21-77 J.S. 5 CARD. 9-26-77 Certified copy of Opinion-Order of FIFTH CIRCUIT filed 9-21-77, received, fild. 10/07/77 Defts'. motion for approval of desegregation plan, with notice of motion on 10/18/77 in Vicksburg at 9:00 AM before Judge Russell, cert. of service and Exhibit A, filed. 10-12-77 The NAACP Legal Defense and Educational Ft.md, Inc. as Amicus Curiae' s response tc defts'. m:>tion for approval of desegregation plan, with cert. of service, filed. 10/18/77 Deft's. motion for approval of amendment to desegregation plan, with notice of motion on 10/18/77 in Bicksburg at 9:00AM before Judge Russell and cert. of service, filed. 10/18/77 DEPUTY CLERK SHEET: Hearing in Vicksburg on 10/18/77 before Judge Russell for ~ h~s. and 20 min. on deft's. motion for approval of desegregation plan and deft' . : motion for approval of amendment to desegregation plan. ACTION TAKEN: Court adopted School Board Plan with the e:kception that Plan is to be put into effect by Nov. 1, 1977; Order to be submitted, filed. 10/18/77 EXHIBITS: B-1 & B-2, filed. 10-19-77 ORDER ON DESEGREGATION PlAN: Defts' . m:>tion for approval of ·amendment to de segregation plan·by incorporating therein Paragraph IX requiring notices there nnder is hereby granted; defts' . m:>tion for approval of its Desegregation Plan as amended hereby granted except for effective date contained therein; Desegre gation Plan as amended shall became effective and shall be implemented by defts. on or before 11-1-77, filed and entered OB 1977, pages 2321-2322. (Copies mailec attys. of record). 10-19-77 FINAL JS 6 CARD. 4-24-78 This file placed in basement in record shipping box. 8-31-78 Letter from Velia Ann Mayer to Clerk, dated 8-30-78, re belated report, filed. 8-31-78 Report on School District Organization for AMITE COUNTY SCHOOL DISTRICT, First ' Term, 1977-78 School Year, in accordance with Order on Desegregation Plan dated 19-19-77, filed. \ 10-16-7! Report on School District Organizatipn, First Term, 1978-79 School Year, as per order of this Court of 10-19-77, filed. 4-26-79 Report on School District Organization, Second Tenn, 1978-79 School Year, as per order of this Court of 10-19-77, filed. DC-IIlA REV. (I/75J Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 12 of 14 CIVIL DOCKET CONTINUATION SHEET FPI·MI-3 ·14· 7 5-50M-3 511 PLAINTIFF DEFENDANT DOCKET NO. 3983 (J) U.S. A. Amite County School Dist., et al PAGE/I_ oF__ PAGE DATE NR. PROCEEDINGS 10-16-79 Report on School District Organization for AMITE COUNTY SCHOOL DISTRICI', First Tenn, 1979-80 School Year, in accordance with Order on Desegregation Plan dated 10-19-77, filed. 4-10-80 Report on School District Organization for Amite County School District, Seconc Term, 1979-1980 School Year, in accordance with Order on Desegregation Plan dated 10-19-77, filed. 10-14-8( Report on School District Organization for Amite County School District, First Term, 1980-81 School Year,. in accordance with Order on Desegregation Plan date( 10-19-77, filed. 4-14-81 Report on School District Organization for Amite County School District, Second Term, 1980-81 School Year, in accordance with Order on Desegregation Plan, date 10-19-77, filed. 1/9/81 COPY OF ORDER FROM FIFTH CIRCUIT COURT OF APPEALS: that no party shall file an) furthe~ reports of conditions existing in such school district with the Clerk o1 this Court; that this order shall not affect the requirements of any subsisting order of any district court that reports be filed with its Clerk, filed & enterE OB 1981~ Pages 76 thru 81. CC 11-19-81 Report on School District Reoragnization for Amite County School District, First Term, 1981-1982 School Year, in accordance with Order on Desegregation Plan datE 10-19-77, filed. 5-14-82 Report on School District Organization for Amite County School District, Second Term, 1981-82 School Year, in accordance with Order of 10-19-77, filed. 10/20/82 Report on School District Organization for Amite County School District, First Term, 1982-83 School Year, in accordance with Order of 10/19/77, filed. 11-5-82 Compliance Review and Statement of Findings for Amite County School District, filed. 10-17-83 Report to the Court by Amite County School District for First Term, 1983-1984 School Year, filed. 4-23-84 Report to the Court for Second Term, 1983-84 School Year, filed. 10-16-84 Report to the Court by Amite County School District for First Term, 1984-1985 pchool Year, filed. 1-1·1-85 Report on School District Organization for Amite County School District, Seconc Term, 1982-83, School Year, in Accordance with Order of 10-19-77, filed. 2-21-85 Deft 1 s Motion to Dismiss all outstanding court orders and terminate the case, wi Notice of Motion before Judge Lee a~ soon as counsel may be heard and cert. of ·svc., filed. 4-15-85 Pltf's Response to Defts' Motion to Dismiss, with cert·. of services, filed. DC·111A REV. <1/75) Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 13 of 14 DC lllA (Rev. 1/75) CIVIL DOCKET CONTINUATION SHEET fPI-MAR-7 14 80 70M-4: PLAINTIFF DEFENDANT 3983 DOCKET NO. ____ U.S.A. Amite County School Dist., et al PAG~2_oF __ PAGE DATE NR. PROCEEDINGS 4-15-85 Report on School District Organization for Amite County School District, filed. 4-26-85 STIPULATED ORDER OF DISMISSAL: the Amite County School District has operated aE a unitary school system since 1-2-78; and the Amite County School District has complied with all desegregation directives and orders of the U.S. Dist. Court fc the Southern District of Mississippi and of the U.S. Court of Appeals for the Fifth Circuit; and all outstanding decrees of an injuctive nature are hereby dissolved; and this cause shall be and the same hereby is finally dismissed witl prejudice and terminated on the docket of this Court, filed and entered OB 1985, pages 2741-2746(TSL)mailed(dkt'd 4-29-85) Case 3:66-cv-03983-WHB-LRA Document 1 Filed 07/27/10 Page 14 of 14 ., . FRANKLIN COUNTY SCHOOL DISTRICT ~ s7?~ TE COUNTY SCHOOL DISTRICT ~ !/-I~Pr7L . fi'/1-.I'fZ/lJt::Vr • J2R/7- 1-tG/_ 71- File /-n iarm tf--36· ~ ;o- 11-7J