Beruflich Dokumente
Kultur Dokumente
FILED
DIVISI~
65 J'-t
" n~
DOCKET
Stanley Pottinger
jj~~i ~itJL~Ece
TITLE OF CAS
A~:O:~EYci:e;;;on&~
Jack Greenbet
: 10 Columbt:s Si"rc1e, New Yor.k.~
,~~4;'.//UH'''''___
10019.
, ~-L."''''&Yei:",U.S.Atty;
, -&._~.",.,.Asst.U.s.Atty1 A.L8tt1more Gaston
,
Fred D.Gray -Gray,Seay & Langf
T~ermaR~Ama ~~,
f'Jifor"fJiJendan!:
Bishop
!ll~~~ter Ave.,Montgomery,AI~
Maurice Billliop .
'3
& 1;Jitrlton~c." ~ / ' "
327 Frank Nelson Bldg., B'ham,.
J. Howard McEniry - McEniry,
McEniry & MeEniry, 1720 4th!
No Bessemer, Ala. 3502.0 fOl
Pleasant Gn!ve & M1dfiel~
Robert Vance (for Vestl
,i
June ..
Cash-oscar
RBCa'VEO
DATE
DlsauRSED
15' 00
W.A.j~.s,.J~
Cr. 1024U
JUNE 8
1968
Feb. 27
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,Paid Registry
I&kp~ys,~e!y.~ngfgral
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Receipt
#95460
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Cr. 100869
)..,,;1
DATE
,.1(12.:L~
tvILINGS-PROCEEOINGS
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
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
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 ,
01
..
'
..
I'
121
FPI-t.K--zd-i4-ZOM--aOfO
Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 3 of 55
PROCEEDINGS
DATE
ATTORNEYS OF RECORD
Oscar W. Adams, Jr. -
:-ils;:;;?
Birmingham, AL 35203
Wayman G. Sherrer
United States Attorney
200 - Federal Courthouse
Birmingham, Alabama 35203
328-8141
Frank M. Dunbaugh
Deputy Assistant Attorney General
Civil Rights Division
United States Department of Justice
Washington, D. C. 20530
,
&'
.~ Frank Nelson Building
&
Chachkin
99 Hudson Street, 16th F1lr
New York, NY 1 0 0 1 3 ,
IIbnna J.
Colvin
212 219-1900
Alex W. Newton
Hare, Wynn, Newell &. Newton
700 City Federal Building
Birmingham, Alabama 35203
for petitioners, E. E. Raughley, et al
Suite ~ 5-:/{)
~...
_BBiixrmnUj~B~~~B~a~ffi~,--~3~5~2KQ~3
0/ I
'.
&
KNIGHT
C,S-39fi-South"',",1
1971 =
PROCEE:DINGS
DATE
Dec. 30
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-:,,1, 370
~ 100.11>99
Adams,Baker & Clemon
Notice of appeal
Re ooipt #5951
Or 100869
"", ",cd,!,';
Sept. 1)
(~int
1~6' ~T(Yr.t
Nov.2
Ck#7583
1973
Sep. 20
Sep. 26
1 9 7 5
July 21
Cr. 100869
July 23
Ck - Bishop, Sweeney
Receipt *20574
Cr. 100869
,hlly 22
Ck - Adams, n"ker
Jl.zl Y 23
, 2,111.40"
Receipt #20586
Cr. 100869
5.00
5.00
5.00
5.00
5.00
Date Orde
Judgment :t
#65-396-
DATE
~...J)",9",6",5_1_~__ _ _ _ - -
DateOrd,
Judgment
- - - . - - - - - - -...
July 21
"
11
"
18
"
20
27
"
27
"
DATE
PROCEEDINGS
19 66
I Date Order or
Judgment Noted
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
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.
Certified copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit
~lIr. 30
dated December 29, 1966 filed Certified
copy of the U. ~.Court of Appeals for the Fifth CircuIt dated March 29,
30
"
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 he fore 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 tabu lat' 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<le of each schonl, et".,
another report to be filed by def"ndants and served upon oppoSijl~8Pl"nsel 15 days
after the opening of schools for the fall spmester of each yearls~ttin3 forth th
name, address, grade, school of choice and school of pres~nt att~ndance of each ru~pnt
"'ho has withdrawn or requestprf withdrawal of his chotc" of ~chool or who has tra sferred
after thO' start of the school ypar, togE'ther with", ,1eseri!'tion of any action ta ..n hy
d"fendants on his requE'st and the reas"". ther.. f"r, Rod report the number of f3C Il,ty
vacand,es, by school, that have occurred or heen fH led by the dE'fendants si !'lC" h"
order of this Court or the latest r"pnrt submitted pursuant to thi.s sub-paragrap
etc. filE'd and entered (Lynne) - copies mailed to attorneys of record
ne 15~cReport of Dr.Kermit A.Johnson, Supt.Jefferson County Schools, showing number of
Negro students requesting enrollment in predominantly white schools filed
pt. l~ Notice of Motion and Motion of plaintiff-intervenor, United States. for order req
,"
defendants to make additional assignments and reassignments of teachers to scho
where their races is in the minority, so as to achieve substantial faculty dese egation
for the 1967-68 school year etc. filed - copies served by counsel - set 10-6-67
1 s.,..., 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)
D.
C.A. 65 -396
PROCEEDINGS
Date Oro
: Judgment
corrected decree entered herein on April 17, 1967, filed and entered (Lynne) _
II
29?:>'~:-;otice of Appeal by United States of America, pl'li:1tiff-tntervenor, filed - certified
fa0::t:
"j
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
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
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 integration I
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
"t'
-------------_..-
.....
-----------------------.".,..",,"""'-,'.",~.-'----"-"----
DATE
PROCEEDINGS
1968
[ne
2I7~eports
............
/"",
............
,)C.
I required by decree of April 17,1967 showing report tabulating by race th~ number
I Date Order or
~ .Judgment Noted
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
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
filed bv the United Sfates - copies mailed attorneys
(
II
ert
6Q,recora on appea ma11ed Clerk,U.S.Court of Appeal New Orleans, La.c nt.to next
_J
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
Fb. 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
..
..
..
..
.
PATE
PROCEEDINGS
Date Order or
v
I
of pupil assignments, based on criteria other than freedom of choice, and over
ruling and denying the motions filed in behalf of plaintiff and plaintiff-inter enor
for an order enjoining defendants from taking any action in furtherance of scho I
construction projects, and denying the oral motions filed in behalf of plaintif
and plaintiff-intervenor for an injunction pending appeal, filed and entered ( nne)
copies mailed attorneys
Oral
motion of plaintiff-intervenor for injunction pending appeal reduced to writing
"
and filed -copies served by counsel
Notice of appeal by plaintiff-intervenor filed~-copiea mailed attorneys
"
DeSignation by plaintiff-intervenor of contents of record on appeal filed
"
copies served by counsel
Supplemental designation by plaintiff-intervenor of record on appeal filed
copies served by counsel
It
111 Notice of appeal by plaintiffs, filed - copies served by counsel
It
11 rl DoDd for costa on appeal ($250.00) filed ..
It
18', Appellee' a DeSignation of additional portions of the record, pleadi1l&8 and
evidence filed - copies served by counsel
Certified
record on appeal,except Court Reporter's Transcript, mailed U.S.Court
I'l:'. 11
of Appeals, New Orleans, La.~
l41 Statement of appellant, United States, of District Court proceedings on Feb.I7
and Feb.lS, 1969, filed -copy served by counsel
217. Motion of plaintiff-intervenor, U.S.A., for extension of time for transmission of
"
the record to Court of Appeals (court reporter's transcript), and Order thereon
extending time to and including Apr.30, 1969 (Lynne) - filed. mailed to
U.S.Court of Appeals _copy mailed U.S.Court of Appeals
21 ry Motion of defendant for extension of time to file objections and amendments to
appellant United States' Statement of District Court Proceedings on Feb.17-19,
1969, filed - copies served by counsel - Order thereon extending time to and
including Apr.28, 1969, filed and entered (Lynne) - mailed to U.S.Court of Appe Is
'. 28'~,': Statement of the Jefferson County Board of Education and the Bessemer Board of
Education of District Court Proceedings on Feb.l7, 18 and 19, 1969 filed
copies served by counsel - mailed U.S.Court of Appeals to place with record
.fay 7 ~I Certified copy of order of the United States Court of Appeals for the Fifth
Circuit, denying motions of appellees for a 20 day extension after transcript
of testimony is filed within which to file their briefs, but granting appellees
an extension to and including May 26, 1969, within which to file their briefs
with the right to file such further briefs as they may desire as and when the
transcript is available, and ordering the court reporter to file the transcript
of the hearing by not later than May 19, 1969 filed - (in file C.A.65-366)
" 14% Notice of motion, and Motion of Alabama State Teachers Association, Inc., for lea
to intervene as plaintiff, with complaint in intervention attached filed
copies served by counsel ~ Motion overruled 6-9-69 (Lynne)
19 3Transcript of Proceeding. before Judge Lynne on Feb.,17,1969 filed by
Court Reporter Wester mailed U.S.Court of Appeals to attach to record on app alline 2
Motion of defendant to strike or disallow petition for intervention filed - copy
served by counsel
" 191 Report of Jefferson County Board of Education pursuant to decree of April 17, 196 filed
of the U.S. Court of Appeals for the Fifth Circuit, with copy of Opinion
" 27/u Mandate
attached, remanding to the District Court with directions in accordance with t e
Opinion of the Court, and that defendants-appellees pay to plaintiff-appellant
the costs on appeal to be taxed by the Clerk of that Court filed (cont.to next page)
<
.'
C.A.65-396-S
of
'''':::~:~'''''H
C..."
of ",.." ,
f~ <I,.
"f<h
, , Circuit issued on June 26, 1969, req~iring the defendants to prepare plans to
disestablish the dual school systems presently being maintained in Jefferson
County, Alabama, and forthwith to request the Office of Education of the United
States Department of Health, Education and Welfare to collaborate with them in
the preparation thereof; that such plans shall be directed to (8) student and
faculty assignment, (b) all facilities, (c) all athletic and other school activi ies,
and (d) all school location and construction activities; that defendants are
required to make available to the Office of Education, or its designees, all
requested information relating to the operation of such school system; that the
disestablishment plans required hereby shall be effective for the beginning of
the 1969-1970 school term and shall be completed and filed in the office of the
Clerk of this court on August 1, 1969, and ahall be submitted for the approval
of the court at 10:00 o'clock A.M., on August 4, 1969; and that all interested
parties shall be afforded an opportunity to be heard on such date, and only on
such date, with respect to objections or exceptions to such plans, filed and
entered (Lynne) - copies mailed attorneys
July I t:'I: Notice of Appeal by Alabama State Teachers Association from the order of this
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 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 couDlelII
4
Objections of Plaintiffl' to Intesration Plan aubmitted by The Jefferson County I
"
4.
On l\9NA U! ~W~ ~!i~.9J:AiN...2f.j:lWL~ aWd JA'~.lltti?63d .ie& -of dlendanl
If
5 '1'" Ob.fect1.~ 'OY1JnlteQ''Irul't1i8iN'i.'iR'rTe'a:lfYn1!i'fi';.'fntervenOt';to 'l:lie d'esegrega'tro
plan of the defendantl, filed - copies served by counsel
5 t!9 Opinion of the Han. Clarence W. Allgood filed and entered + copies maned attorne. g
II
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
,
.
.
'I+J
, u
!itt .. _illItl
nf9TE
Date Order or
PROCEEDINGS
Judgment Noted
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
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.,; i t 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
I
.
..
D.
c. 110A Rev.
DATE
1969
--=-'-'---Aug. 7
(cont'd)-
CA 65-396-8
PROCEEDINGS
Date Ord
Judgment:
--~--------------------------------I~
document, the order entered in Case No.6S-366; (13) The transcript of the
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
tion of Jefferson County Board of Education to quash subpoena issued to
" l~
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 counselSept. 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
Motion of Jefferson COunty Board of Education relating to "Forced School Iutegra
" 5
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
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DATE
PROCEEDINGS
1969
-"'-<'-""'--I
---
/'
(..,
!'~....
Date Order or
Judgment Noted
1
:
23
3D
Lt,
t ' N ' t 0 reqm,re
. school boards to impIe::>ont mandate of U. S. Sp. Ctt,
I
reo lon or"pl 'aJ.n,l~"S
I fiJ ed - COp:l.8S served by counsel
.
;~ot ion
i
of plaintiff's to
etc., filed.
30/2.'3: l'lotion
en.~oin
propert~es
'I!
.I.
LLed.,
970
..
an. 9/2
Copy of order in [;SCA entered Janm.ry 7, 1970, denying petition for rehearing, f"led
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)
diasenting opinions of Judge James P. Coleman and Judge Charles Clark
" 23 Copyinofthetherelated
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
23
..
ne~
D, C.110ARev, CivllDocketConUnuat1on
DATE
1 97Q
Feb. 2
"~
'
t
CA 6S ... 396-S
If)
Date Oro
Judgment
PROCli:EDI~G8
-------~-----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. : 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
:
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
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
Notice that plaintiffs will take the deposition of Dr. William F. Dodson, Assistbnt
Superintendent of the Jefferson County School, st 1:30 p.m. on February 16,
1970, in the offices of Adams, Baker & Clemon, 1630 4th Avenue, North,
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
Notice that plaintiffs will take the deposition of J. Revis Hall, Superintendent
13
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
Notice to defendants and plaintiff that intervenor will take the depositions of
18
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,
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~~910copies served by counsel
(over)
i
..
" 13,J/
'I'
..
..
I
I
11
tJ7tJTE
eb.
ar.
"
"
"
PROCEEDINGS
27
J DAte Order or
Judgment Noted
'"
~~
""'"-'"",, __ 92
...
....,
SOUTHERN DIVISION
DATE
CA 65-396
Da.w Order
PROCEEDINGS
JUdgment N
for the aU ''MIy 29, 1970" tile ate Juae 1S. 1970, aa4 reque.tia, the . . . . . .
..
..
.."P'N ......~ I
"
11
IS~'
..
I'
M ,
..
Transcript of proceedings held on February 27. 1970, before the Ron. Seybourn
H. Lynne, Birmingham, Alabama, filed
(6
DATE
1970
June 16
..
17
PROOEEDINOS
.,.
,;.-:c.J
June 22, 1970, at the office of the U. S. Attorney, Room 253, Federal
Court House, Birmingham, filed - copies served by counsel
Motion of plaintiff for production, inspection, copying and photographing
of documents filed - Order thereon Granting. To be produced between 11
"
July
SOUTHERN DIVISION
CA 65-396
Date arde
Judgment}
..
=~.~~~p.~===-===~==
DATU
970
.."
,ua. 17
/09';:;"
"
/t
~==
/J
PROCEEDINGS
I Da.~ Order or
'/
JUdgmen' No"""
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,
I
1970 filed - (2 volumes)
21
I
Transcript
of
proceeding.
before
the
Bon.
Seybourn
H.
Lynne
on
July
23,
1970
.
"
fil...
I
Additional record on appal,conai.ting of transcript of proceeding. on June 29-~O
" 21
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</
to .11 attorney. of record
I
"
31 Ir.~order modififying the order entered herein on July 23, 1970 ra18ting to the Boar4
of Education for the City of Vestavia Hills flIed and entered (Allgood)
order dated August 28, 1970
Sept. l,g3 Certificate of Service by Robert S. Vance, Attorney for the Beard of Education
,
for the City of Veatsvia Hills, tbat a copy of the Order of Modification
made herein on Auauat 28, 1970, was personally delivered by him on August 2
1970 to the offices of Bishop & Carlton, attorneys for Jefferson County Boa d
of Education, filed
..
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
Report of the City of Homewood School System filed - copies served by counsel
30
Ict. I
Report of the Board of Education of the City of Vestavia Hills, Alabama filed
copies served by counsel
..~_"._.
. ..
L971
reb. 12
..
"
16
16
DAn
SOUTHERN DIVISION
======CA==6=5=-=3=96======#,1I4~=======c====.
PROCEEDt.~GS
1971
July 1
qp Motion
Date Order
I: Judgment Nt
21
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
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
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
Cost bill of plaintiff filed - copy served by counsel
" 30
Plan of desegregation by the Board of Education of the City of Homewood filed
Aug. 5
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
Costs taxed by the Clerk - bill mailed attorneys for defendants
" 11
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
Objections by plaintiffs to the plan of organization filed by the Jefferson
12
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
..
I')
to
..
....
..
..
(over)
DATE
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
counsel - copy del. to J. Pointer
I
of the United States to the desegregation plans filed by the defendants
" 13 J.il.I Responsefiled
- copies served by counsel - copy del. to J. Pointer
It
"
"
16
hearing before the Hon. Sam C. Pointer, Jr. - Motion of plaintiffs to add
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
Order, upon consideration of the August 24, 1971 letter and motion of the Jeffers n
25
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
1&
"
PROCEEDINGS
Sept. 8
..
Date Order
Judgment Nl
(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---~
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
" 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
Copies of motion, answer, memorandum opinion and order (Pleasant Grove School
20
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:
.9~fTE
..
PROCEEDINQn
....
_~ _ _ _
...._
___...
Date Order or
/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
Notice of appeal by United States of America, plaintiff-intervenor, of the
23
order entered on September 8, 1971 filed - copies mailed
Notice
of the Board of Education of Pleasant Grove, in obedience to this court'
24
"
order of September 18,1971, . to ;perate its own system without transporta
Order Judgment, dated September 24, 1971, that Notice of Pleasan~ G3UVe Board
" 27
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
Notice of appeal by defendant-intervenor Board of Education of City of Pleasant
:t.
1
NGrove from the final orders of this Court entered on September 18th and
24th, filed - em
Cost
bond
on appeal ($250.00) filed
1
"
Designation of record on appeal by the United States, plaintiff-intervenor and
5
amicus curiae and appellant herein filed - copies served by counsel
Motion
of United States of America, plaintiff-intervenor for order to enforce
5
"
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.
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
at 9 a.m. on October 20, 1971 filed and entered (Pointer) - copies del. to
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
of fact having been dictated into the record, a written order will be
..
"
Nov~
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 recommendt~ansfers because
DATE
1 Q71
I, _ _ _ _ __
De.~Ol"4eror
PROCEEDINGS
Judgment Noted
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
Motion of the Jefferson County Board of Education,without waiving its special(J. Pointer of
15
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
Response of the Jefferson County Board of Education to the order dated October 2 ,
15
1971 filed - copies served by counsel
Notice of appeal by the Jefferson County Board of Bducation from the order rende ed
15
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
lov.
..
..
..
..
..
..
c.
29
r.
npyf'
0:<0':>
SOUTHERN
CA 65-3<:)6
PROC1!.mi'DINGS
DATE
1971
Dec.
DIVIS!Or-~
Date Orde.
Judgment :r.;
CI
and direcing
th~
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
30
to dismiSS appeal filed - copie8 served by counsel
Jan 4
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
DATE
PROCEEDINGS
L5Q=-___I
Date Order
or
:. ;_9:..;7c...;2,-,...--_i
____
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
3
1l:~'~
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
Certified copy of order of the U. S. Court of Appeals denying appellants'
17
request for a stay of the, injunction issued by the U. S. District Court
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
,~b'
'P
..
.
.
..
..
(cont)
SOUTHERN DIVISlttI
CA 65-396
IflIl
==~================~~=========T=====
Date Order
PROCEEDINGS
Judgment N(
1972
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;
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
Report of Joe A. Sheppard to the Court pursuant to Order thereof filed
21
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)
Order,
dated April 8, 1972, vacating the Order previously indicated in open
Itpr. 10
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
del. to J. Pointer
Grrt;( 5/J2~72 <Pointer)
13
Order approving motion oFt eomewoo City Board of Education to construct a
high school facility and authorizing the City of Homewood to construct the
facility in question and approving its actions heretofore taken in connection
with such facility filed and entered (Pointer) cm
n
Memorandum of Opinion and Order of the Hon. Sam C. Pointer, Jr., dated April 13,
14
1972, granting the petition of the Jefferson County Board pf Educatjop of
February 11, 1972, for approval of its plan to construct school facilities
at a site to be acquired on Patton Chapel Road in the southern portion of
the county filed and entered (Pointer) cm
Motion of United States at America, plaintiff-intervenor for supplemental order
"
I
the 1972-73 school year. to reassign its faculty and staff so that the
white-black ratio of staff and of faculty assigned to each school is
substantially the same as the ratio for staff and for faculty in the system
as a whole filed - copies served by counsel copy del. to J. Pointer
\ "
DATE
1972
May 1
PROCEEDINGS
____
______ i
?> jl Notice
/../ I_~~_dgment
~~
16
"
A.D.
"
22.3 i _, Response of p 1& intH f-intervenor, United States of America, to each proposa 1
filed by defendants pursuant to Court order of July 25, 1972, filed - copie
,
"
22
"
22"
"
25
"
"
28
2
" 22
Lett~1f/~bi!'tfgr~:i~urice
.e
Date Order or
Noted
SOUTHERN DIVISION
CA 65-396
Date Order
Judgment N,
PROCEEDINGS
" 11
"
lecord
Oft
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
orders eatered Oft August 25. 1'72 sad August 30, 1'72 - filed - certlfi
copi.s -.11ed
"
12
"
13
"
15
"
18
"
"
"
20
"
25
"
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
On Hearing before the Han. Sam C. Pointer, Jr. on the motion for intervention
Oct. 10
"
Execution on Order of July 22, 1971 awarding plaintiffs' COlts issued by the
"
(Over)
30
I
DATE
1972
/r
Date Order 0
Judgment Not
/uc~
-"'-''-='---1----
PROCEEDINGS
20'?t't)RePort
20
Report
Oct.
"
"
Nov 3
"
__ '______~CS~,?z:L
" 9
ov. 14
15
15
19
19
"
19
<
Plan of HgmewpQd
and
vesrBY; a Hj J J Schpo'
xteme
filed
"
'ec. 18
"
"
.;
'';,
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'
Feb. 1 1.'Motion of plaintiffs for immediate relief claiming Midfield School Board failed
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
Bill
of costs approved by the U. S. Court-of'appeals received
6
"
8 . ,:Bill of costs filed by plaintiff - copies mailed to attorneys for defendants,
"
Jefferson County, Midfield and Pleasant Grove
Letter from the U. S. Court at Appeals amending their Bill of Costs received
12
"
'1,
SOUTHERN DIVISION
D~--
CA 65-390
Date Order
PROCEEDINGS
1973
-----
Feb. 13 ?:c.f
Judgment N
pf Mjdfjeld
to cost bill of plaintiff
Obj ections Dy the defendant, Board of Education of the City 9f PI easapt Gry.-e
" 13
to cost bill ot plaintift
i
LO
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
Notice (letter) from U. S. Court of Appeals that that Court rece1ved a certi
Apr. 21
fied copy of an order of the Supreme Court denying certiDrari (City 9f
May 14
Original exhibits (roll) received (City of P+easant Grgye)
of tne Bottenfield Junior High School for the 1~73-74 school year fiied
copies served by counsel
copy sent to J. Pointer
Report of the ,leftersgn Coupty Board 9 Educatiop fi 1 ed - copies served by
June 1
counsel
copy sent to J. Pointer
,
n
19 <.'1.' .. Motion by United ::;tates, plaintiff-intervenor, for civil contempt by defendant
""
Jul
tt
"
"
13
II
13
"
13
County
SchOO'
Wyatm
filed
-1
!
tiae for answering tha interrogatories and request for admission filed here
with, filed - cs
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
DATE
1973
---"''-'--=-_
Date Order OJ
Judgment No"
_ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ _ _ _ _ _ LJ,""""-'=='-=---I _ __
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)
On
hearing before the Honorable Sam C. Pointer, Jr. on civil contempt motion
20
"
filed on 6-19-73. Opening statements. Plaintiffs' testimony. Daily
" 24
returned from U. S. C. A.
Hearing
resumed - plaintiffs' testimony resumed - responseBto request of court
27
"
filed by school board - plaintiffs rest - defendants' testimony
Findings dictated into record - daily adjournment - (Wenonah & Brighton)
Hearing resumed - testimony on the Fifth Circuit's remand presented
" 28
response to the direction of the oral request of the Court filed by
28
~I
Clerk's
Court
Minutes
that
upon
findings dictated into the record, decision
"
is deferred on plaintiffs' motion for contempt, and the Jefferson
Aug. 7
Order in response to mandate of Fifth Circuit of July 18, 1973, with regard to
Letter dated August 10, 1973 from the Hon. Sam C. Pointer to the Jefferson
" 13
County and Homewood Boards of Education advising of clarifications regardin
Findings of fact and conclusions of law of the Hon. Sam C. Pointer, Jr. - filed
" 14
Order that defendants, Dr. Revis Ball and Members of the Jefferson County Boar
" 22
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
Interrogatories of United States, plaintiff-intervenor, to Dr. Revis Hall and
" 22
members of the Jefferson County Board of Education, filed - cs
Motion of United States for entry of an order shortening the tbae for answering
" 22
interrogatories by defendants, filed - cs - See order above
Answers of defendant Jefferson County Board of Education by and through its
" 31
respective employees, including Dr. J. Revia Ball to interrogatoriea
Sept 5
Petition of Jefferson County Board of Education for .edification of desegration
,/,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
Jul 19
--------------------------.. ---
-.------~~,
PROCEEDINGS
DATE
1973
SOIlTBERH DIVISION===~CA~~6~5=-3;;9;;;6~===;;"~J!h=========7===
----------------------
~~
Date Ora
!JUdgment
Motion of United States for entry of an order shortening the time for answering
19
interrogatories and requiring defeudants to answer within seven days of
receipt of interrogatories, filed - del to SCP - cs 10/2/73 - Moot (Pointer) em
Interrogatories
of United States, plaintiff-intervenor propounded to
" 19
defendants. filed - cs
Bond
for costs on appeal filed
19
"
19
Additional interrogatories of United States. plaintiff-intervenor, propounded
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
Memorandum
Of Opinion and Order that the Superintendent and Board Members of
15
the Jefferson County Board of Education are found not guilty of civil
contempt of this court - filed and entered (Pointer) em
It
Report
of Jefferson County Board of Education as required by the Court Order of
16
August 24, 1973, filed
Report
of Midfield Board of Education as of October 1, 1973, filed - cs
17
"
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
8
Interrogatories of plaintiffs propounded to Superintendent, Miifleld !oard of
Nov
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
..
",",,,'v
""' ..
..
(Over)
___________________________________-'I'---LL'-.:-~=_.'=-'__;!I.rudgmentNot~~,
P:QOCEEDINGS
DATE
1974
Date Order or
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
Report of Jefferson County Board of Education as required by August 24, 1971
Feb 19
Court Order - filed - copies del.
Report of tbe City of 'Ikaewood School System pursuant to August 24, 1971,
19
Court Order, filed - cs
Semi-annual
report of the City of Midfield Board ef~ucation, filed - cs
20
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$
tat' 22
Motion of defendant, the Midfield Board of Education, for further order of
~pr
9
the Court requiring defendant Jefferson County Board of Education to comply
May
~---~-.- ~-
,-.~
Jun 25 ' 11 Letter-amendment to the outstanding orders in this and 65-366, 65-499 and
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'
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
26
Motion of Pauline Sellers for leave to withdraw her complaint in intervention.
30
Order granting applicant Sellers motion for leave to withdraw her complaint
30
Order that, as to Ira Marzette, the motion for leave to intervene is due to be
t 15
Report of the Jefferson County Board Qi:Education pursuant to Court Order of
16
Q6'Semknntal Report for the City of Midfield Board of Education as required by
SOUTlE RN DIVISION
CA
PROCl!:!EDINGS
DATE
1974
Oct 18
Date Ord r
Judgment Nc
--------~----------I---
1971, filed - cs
Report of the Vestavia Hills City Board of Education pursuant to Court order
Nov. 7
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
Plaintiffs' Exhibits #3 & 4 from Aug 16 - 18, 1971 returned from U.S.C.A.
Jan 13
.
receipt acknowledged
i
22 ~09Integration plan for the Wenonah Zone submitted by the County Board of Educati1!
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
Report of the Board of Education of the City of Vestavia Hills, filed - cs
18
Response
of the United States to the recent annexation of part of Jefferson
24
County re Wenonah zone, filed - cs
Feb 28
Motion of plffs for allowance of counsel fees, filed - cs - del to SCP
Apr 10
May
2
5
19
21
Jun 23
"~;}Answers
23 "1 Z ( Clerk' s Court Minutes that this case be taken under advisement - filed and
entered
30
PROCEEDINGS
/?t
..
June 30
91/
Jul
15
18
22
22
22
8'1
Aug
lug 22
22
if
27
28
pt
19
I.f
D&te Order OJ
.Judgment NQ;"
_-------_._--_._
I
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
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
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
Notice of cross appeal by deft Jefferson county Board of Education from the
Transcript of the proceedings before the Hon. Sam C. Pointer, Jr. on June 23,
Notice by plffs of Cross Appeal from the Order entered in this action on June
)Petition o f 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
Certified record on appeal mailed to Clerk, USCA on ~ULY 25, 1975 - copies of
transmittal letter and docket entries mailed attorneys
',I Designation of record by defendant-appellee-cross-appellant,Jefferson County
Board of Education filed - cs
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
Boa~d assumes risk of reversal which might make construction an unnecessary
Order that reports and past plans of desegregation filed herein shall be re- (f
tained in this Court pending appeal, subject to a request of the Court of
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
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)
,
.5 :;~'i3nat1on (1 etter) of !lent of Justi('~ for supplemental recor d on ap,~al, filed
Certified sup:>lemental recor'! on appeal maU"d to Clerk, USCA - copies of transm
lett~r forwarded to attvs
xpenditurE
nds. Point
USDC)
cs
ttal
b --
"
DEFENDANT
LINDA STOUT, at al
; JEFFERSON
I et a1
DOCKET NO. _ _
6_S_-.3._9_6_
PAGE
.J-- OF _ _ PAGES
PROCEEDINGS
Oct
8
15
I~;
16
29 ;
1976
Jan 19
28
11
17
17
16
18
27
cs
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
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
request of any p~rty by motion filed within 30 days - 12/29/75 (Pointer) cm
Petition of deft Jefferson County Board ofEducation for declaratory judgment
and other relief, filed - cs del. SCP
Dec 29
Feb.
- copies of
17
Nov 7
USC~
4:-; j
Answer of Midfield Bd. of Ed.to Petition oft Jeff. Co. Bd. of Ed. - filed - cs
del. SCP
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
Motion of pltfs. For Further & Immediate Relief - requesting order requiring deft.
to maintain the Graysville Exceptional School - filed - cs - del. SCP WITHDRAW~/
Court Report of Midfield City Bd. of Ed., dated 1/30/76 - filed - del. SCP 2/26/
Report olt City of Vestavia Hills Bd. of Ed. - filed - del. SCP
~~---------------- -----------.-~-----
/ - -X?/~.
I DOCKET NO ("2{,
r&..,;
DEFENDANT
PLAINTIFf
PROCEEDINGS
NR.
.-
Mar.
Aug.
========_.=.=====~=========\
.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
2 I.tA ~ap of Jeff. Co. Vocational School Zones - filed - del. SCP
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
Certified record returned from Clerk, USCA (2 boxes)
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
Motion of pltfs. For Further Relief with respect to Marion M. Alexander & the
Oct.
4
Vestavia Hills School Board - filed - cs - deL SCP **Wi thdrawn by pltfs. w p
Report
of Jeff. Co. Bd. of Ed. as required by 8/24/71 order - filed
l2/8/76-SC
15
Report,
semi-annual,
of
Midfield
-filed
cs
21
Report of Vestavia Hills - filed - affidavit of Wlm. T. Clark attach~
2~
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
Interroqatories of Jeff. Co. Bd. of Ed. on Claim For Attv' s. Fees ,.
27
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
17
23
DEFENDANT
PLAINTIFF
DOCKETNQ
6;i.=396-S
PAGE~OF ~......_
11?fi6
PAGE::
PROCEEDINGS
NR.
"'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
Clerk's Courtroom Minutes - filed - cm Ire
Ie.,
1977
Jan. 18
18
Statement of additional hours for 1976 and 1977, filed by p1ff.cs - add
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
21
~-
Feb. 3
15
18
18
Mar.
17
May
23
Sept. 29
Oct.
14
17
19
20
26
31
4'11
f1l~
-del. SCP
see 2/3/77 MOP
Motion of Jeff. Co. Bd. To Strike Additional Evidence of pltf.-file
cs del. SCP Ire
see 2/3/77 MOP
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)
Report of Jeff. Co. - filed lrc
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
completion of appropriate discove~J-filed & entered (Pointer)-cm lrc
W1~
~p:'rL 4c
21
21
221
Mar
II
6
24
)LAfNTIFF
IIDOCKETNO
PAGE
.~ OF
b~e39b.;;
= =....
PAGES
-------r----~--------------------~--------------------------------~------------------_1r-.
DATE
NR.
~~=9F===F====
. . .=.
==~~~~=======
Mar. 27
Apr.
3
27
Oct.
4;:'/
PROCEEDINGS
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
Dep:lsition of J. Pevis Hall taken on behllf of plff-intervenor, filed
skh
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
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
Rej:Ort of the City of Hcmewood Sdlool System, filed skh
Rep::rrt of the vestavia Hills Sdlool System, filed skh
:t
24i
1979
I'eb.
15
16
20
ar. 5
une 20
Aug
,",.
...} t...
I.
O::t.
18
Rep:>rt of the Board of Education of the City of Vestavia Hills, with exhibits atb chs:
filed-cs-snh
22
1980
Feb,
1~
Rep:lrt of the Board of Education of the City of Vestavia Hills, with exhibits
attached, filed-cs-crg
Report of Jefferson County Board of Education, filed-cs-lpc
15
15
Mar. 11
)ct. 14
O::t. 15
20
27[ ::~'I
skh
'':''
.. Case 2:65-cv-00396-MHH
DC i11A
(Rev, 1;75)
r~p~LA71~N~T~IF~F~--------------------~
JEFFERSON CXlUN'l:'Y
LINDA S'roIJT
fBiTE
NR.[
Frj--.I\"~~7.14
DEFENDANT
DOCKET NO.
~AGE
1L
tlC-lOM-4:JSE
65-1'-039 2
OF________ PAGES
PROCEEDINGS
.~~~...=t.~=t=~=~=~~~~===~~~==.==~~~==~~~....~~==
513:
Feb. 13
Feb. 18
Feb. 23
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
Board, filed-snh
211
26
1 9 8 2
Feb 16
Feb. 17
~'larch
l>'idfie1d filed-cs-sY
Report to the Court of the Board of Education of the city of Vestavia Hills,
with emibits attached, filed-cs-8nh
14
~c.
City of
} r'!)l..
J, filed.
Ihj
June 2
Annual rejX)rt ot the oourt of the City of ~iefield Board of Education, filed-8nh
Report of the Board of Education of the CITY OF VESTAVIA HILLS filed-cs-rfd
Oct. 15
15
22
~c
1983
Feb
15
18
25
Apr
141
14
Oct
211
Apr
21 :
21
.
101
15
30 i
Oct
12:
~
1984
Feb
...
I
!
Report to the Court of the Midfield Citv School s.vstem._ filed-cs-.slrnd(l red(vol. L
Report to the Court of the Jefferson cotmty-BOaJ:'d' bIEtJ:uCa1:~on, nre -s.un e:xp.1'.
Report to the Court of the Vestavia Hills Board of Education, with exhibits
attached, filed-cs-slm
Report to the Court of the Midfield City Board of Education, filed-1pc (one red
vo11.l1Te)
1985 16
Fe15---1.2
15
19
2
S'1 :>
Report to the Court of the Jefferson County Boacrd of Education, filed-slm (one
mroandable folder)
.
Reportl=~
t
too Court of the Hare,rood City School System, flled-slm
IReport to the court of the Home\JOOd City School System, filed-s~m
LRepo.c:: to the Court of the Jefferson County Boa.,.."'d. of Educ., fi'.0..d-SJ.ro (l )rg. GX'~
IJ:{Cport to the court of the Hidfi,e'..d Cit,,:, Board of Educ , fiJ.od-s J1)
folder,
'
!Repor'c to the Court of the Vestavia Hi.1,-,-s City Bom" of Educ., filed-slm
PLAINTIFF
DOCKET
I
~.,
N"l,.
NO.It?5""'3t:!d>
PAGE!5g0F _ _ PAGES
PROCEEDINGS
F===f=='T~=======~========'~
Mar
Oct
14
15
21
J.986
Fe~
12
l3
21
3
21
Apr
Ju::..
23
Aug"
5
15
~
15
15
5100
DEFENDANT
et al
LINDA STOUT,
E
1'9t6
Sep
Oct
2
2
15
16
1987
12
Feb
13
20
May
Aug
12
12
12
12
12
13
14
14
14
17
NR,
~':~
"..:V(,
DOCKET NO.
. PAGE
65-P-039
PROCEEDINGS
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
,
~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
Response (letter) of plff USA to Jeffeo's rrotion for approval of school changes,
filed-cs-smc
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
Report to the Court of the Jefferson County Board of Education, filed-sm::;
fo~
Report to the Court of the City of Midfield Board of Education, filed-smc (1 vol
Report to the Court of the City of Midfield Board of Education, filed-djd (1 va.
Report to the Court of the Jefferson Co Ed of Education, filed-djd (1 lrg expan
folder)
Report to the Court of the Homewood City School Systems, filed-djd
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
Motion of plffs for TEMPORARY RESTRAINING ORDER, filed-cs-djd
DEFENDANT
DATE;
Aug.
NR.
17
17
17
21
25
Sept 3
10
Oct
IS:
c:.
201
1988
Feb 10 .
16
-'-_JE_F_FE~~S'tha..;lb_CO-UNTY--B-D-O-F-ED-U-C-"'_T_ION
__
,_
I
..
DOCKET NO
~5-P-=-0396-J
PAGE~~
PAGES
PROCEEDINGS
d~positions
on~eiiffiinary~
'Clerk's Court Minutes that i t 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
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)
Notice of appeal of plff of this court's order entered August 17, 1987,
filed-cm-krk
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
DeSignation of plff of record on appeal, filed-cs-djd
Certified record on appeal mailed to Clerk-USCA (transmittal letter to attys)-djd
Report to the
Report ot the
expandable
Report to the
DEFENDANT
LINDA STOUT, et al
,
.. 1~~9E
jan 31
Feb
NR. '
IuO I
9
15
21
24
27
28
Mar
Apr
11
25
May
19
24
JUly
21
1
8
10
PROCEEDINGS
Report to the Court of the Vestavia Hills Board of Education, filed-djd (placed
in expandable folder)
Report to the Court of the Midfield City Schools Systems, filed-djd (placed in
expandable folder)
Report to the Court of the Jefferson County School System, filed-djd (in large
accordian-expandable folder)
Report to the Court of the Harewood Board of Education, filed-cs-djd
Report to the Court of the Vestavia Hill Board of Education, filed-djd
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
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
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
~lotion in this and 65-"fJM-366-S::>f USA
for supplerrental relief, filsd-cs-djd
-- SEE ORDER DATED 7/21/89
Interrogatories (first disovery requests) of pHf-intervenor propounded to deft
Jefferson County Board of Education, with request for production thereon,
filed-cs-djd
Motion of Hugh Colston, Sharleen Williams, Johnnie W. Williams, et al for leave
to intervene, filed-cs-djd
-SEE ORDER DATED 7/21/89
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
Factual stipulations of the parties, with exhibits attached, in this case and
86-C-1779-S, filed-cs-msl
~ion, fi.led (POINTER); entered 7/2l/89-an-djd
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
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
Reply qf Hoover Clty Boatd ot Education to -Petitjion of Daniel and
21
Sept
to I ')?
DEFENDANT
',::':""AINTIFF
! DOCKET NO.
_~
PAGE4~OF_~ PAGES
DATE
(PP1
16
>ct
PROCEEDINGS
NR.
1990
Report to the Court of the Midfield City Schools, filed-tgp (placed in folder)
Report to the Court of the ~woexi Board of &lucation, filed-tgp (placed in fold r)
Report to the Court of the Jefferson County Board of &lucation, filed-tgp
Feb.
13
16
Oct. 11
15
16
1991
Feb
14
15
27
28
June
Oct
10
16
3,.
1992
Feb '1
J< ,t
.1
14
20
Oct 13
19
21
lov 10
i993
Report
Report
Report
Report
Feb. IS
16
22
Narch8
2.3
Sept 9
15
let 8
15
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
arch 2 iStS::'> Rep!I:lrt to tne court by vestaV.La aI s- 1 e
'I
-~-65-P-396-DOCKET NO, _ _ __
LINDA STOUT
----
r.iEFENOANT
PAGE
_4IoF,___ PAGE
-1'g-2;"~=+. ,~R.
S1
April
-h.
PROCEEDINGS====~=====
t 7
Oct l~
',' L
lil
Nov 2
1995
feb 1'5
March 1
Feb 9
Feb 17 .
April IP
Oct 19
23
30
-filed-t~
Ieport by the
Ieport by the Bd
1996
Feb 13
16
22
27
June 10
2
July 8
12
OPP06ITICN ro JllDTICN FUR ~ SHADES VALLEY 9:HXlL ZCNE filed by Elba .. Mar1I:
SchIOiIartz and over 200 signatures of panmts attached envelope incltDed cjv
22
29
(D7ft> ~poo8e
_-1-_
65-P.::96
- - l-OEFENDANT
, DOCKET NO.
Lin:la Stout
NR.
DATE
1996
(CV-96-4513 State Court i)
Motion of plaintiffs-Intervenors, Daniel/Rime I, LLC, Charlie and
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
issues, with Complaint in intervention and exhs att, filed-cs-j~
Ib77
Aug 1
!"7&
rld
Order the motion for court approal of attendance zone modification filed 6/28/9
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
and/or residents of the Meadows apartment complex and the City of Irondale are
Withdrawn-filed (Pointer) -an-tIm
Ill?
,i
OctB'
R::'.?.' ,'t:
21
28
_~epbrt?fo tfie.court by
Nov 4
1997
Feb 10
Feb 18
27
21
April
I
I
10;
28
System-filed-t~
'
I
June 20
Response by the USA to dfts petition for modification of attendance zones and
declaration of unitary status-filed-cs-tlm
fOCder that by petition dated 4/10/97 the Midfiled City Ed of Ed seeks to modify it
26
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
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
1
.... .t:
c+",,,+,,
DA
J'.
DC lllA
...~
(Rev. 1/15)
CIVJL DOCKET CONTINUATION SHEET
PLAINTIFF
DEFENDANT
DATE
1997
OCT.
NR.
);'I{"
10
15
~,
Nry..."'-
26
PROCEEDINGS
Feb 10
Linda Stout
(Pointer) -cm--tlm
f j led t ibll'
.
' f i l ed . t Ill'
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tl':ec 24
reb 17
17
Order the letter by Ms Marjorie Davis for relief attendance zone restrrictions
is Denied w/o prejudice-filed-(Pointer)crr-tlrr
24
f'lJarch 2
,. 03/09/98 Granted(Pointer)ar-tlrr
27
May 1
pIas
-t1rr
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
Notice of appearance by Fred D. Gray and FFFFred D. Gray, ,Ir on behalf of the plas
-filedtlrr
Oct 5
9
Dec 7
7 [3
(Rr-~75)
"
DEFENDANT
PLAINTIFF
DATE
Dec 17
1999
NR.
'/;
Feb 8
26
-J
PAG~OF_~PAGES
PROCEEDINGS
reb 18
March 11
April 1
July 22
29
Aug 5
otion by pIa
~otion
rder (Consent JudgMent) as set out i n the provisions of this order fil
{Pointer)-cm-tlm
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
Nov 30
DEC 27
2000
Feb 10
Report
16
Report
24
Report
24 .733 Report
to
to
to
to
the
the
the
the
court
court
court
court
by
by
by
by
(Rev. 1/75)
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PLAINTIFF
SHEET
DEFENDANT
: DOCKET NOe
15
73Y
'7:';;')
16
Oct
rt to the
Oct 24
((iX;t 30
NOV 13
PAGE&_OF_._PAGES
PROCE:EDINGS
DATE:
2000
Sep .,
Y-.:-'" S-~.-:
Report to the court for the Hanewood City School Systen - filed-de
2001
Feb 8
Feb 22
Feb27
MAR 5
JUL 20
Motion by petitioners MoDena!, Smith & Powers for relief & trodification of
consent decrees to chac~ge zoning lL~es - filed - asl
JUL 27
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
AUG 8
AUG 9
AUG 9
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 ,
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
tion by Lee H. Walker for emergency relief - filed - asl
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
-------rj-----(p5-39(, S
PLAINTIFF
I DOCKET NO, _ , _ , , _
i
DATE
PROCEEDINGS
NR. '
,=-=
2001
Aug 9
PA~~F_~PAGES
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
ug 17
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 ,
Aug 23
'7
"I Motion by TE'Iesa Willcutt for clarification of 8/22/01 order regarding having Bra. on,
Aug 27
Aug 28
Aug 29
Tyler a"1d Hayden Willcutt grandfathered into the Gardendale School System-fil
-1
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
1 Ie 2.
DEFENDANT
PAG530F _____
DATE
PAGE:=
PROCEEDINGS
NR'
i
2001
Sep 5
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