SOUTHERN

CA 70-251-s

CIVIL DOCKET
UNITED STATES DISTRICT COURT
D. C.

Jury demand date:

Adams, III, 729 Brown Marx Tower

Form No. 106A Rev.

Ave. No., B'ham, AL. 35203

ATTORNEYS

TITLE OF CASE

.A :NTHONY T. LEE, et al

Plaintiff

Ul'UTED STATES OF AHERICA

Intervenor

NATIONA L EDUCATION .ASSOCIATLON, INC

Intervenor

T\ _ _ _ ...

4@5'

_~

r.

.M-..-.+~....
1

ag, Julius Charrbers,

Norman Chachkin, Janell Byrd

Wn. Brcdfar:d l}rrilis
N:rt:tmiel Itujl.as ;'PauJ.ire
Jdn M::are/.[J..Mrta Yar:k
I:ept. of Jt.Etice-Civil
Ri.g1ts Divisim
p. 0. PaK 65958
W:Eh:ingtrn, rc 20035-5958
KR: lS.Z\ (ll./23/87)

vs

NAACP, 16th Floor

ACMITIED PRO HAC

9 Hudson St.
New York, NY 10013
(212) 219-1900

VICE 12/3/87

United State s Attorney, Bham

Defendants

:tviACON COUNTY BOAiiD OF EDUCATION,

et al

For defendant:
STATE OFFICIALSt

SHELBY COU1ITY BOARD OF EDUCATION

Ttt./1\es.

E'LNt/LI.'.::.

~+am--J. '6 axley, Attorney Genera l

State of Alabama
61~ North Union Street
rfontgome r y , Alabama 36104

..Smith, Bewman, Thagard, Cook & Culpeppet

..600 Bell :Build!~
Ov-* _~ (~ ;1"3

..Mentsomer:y, Al.

36104-

J/

/a

SHELBY COU!'-.TTY SCHOOL SYSTEH :

(SEE ADDITIONAL

COSTS

STATISTICAL RECORD

J.S. 5 mailed

Clerk

J.S. 6 ma iled

Marshal

Basis of Action :

Docket fee
Witness fees

Action arose at:

Depositions

DATE

NAME OR
RECEIPT NO.

REC.

-EET FOR

DIS B.

70-251

SHELBY COUNTY BOA RD OF EDUCATION

FP I

M I-

1 9 7
DAT E

PROCEEDINGS

Au g 2

20
22

Date Order o:
Judgment Not,

MOTION of Shel by Count y Board of Education to amend dec ree da t ed August 10,
1971, filed. cs
Response of United States to Motion fi l ed on Aug. 2, fi l ed Aug. 19, 1974 - cs

Nov. 6
1975
Jan . 29
Ju l y 9

Oct. 30
Nov . 11

13 72 - I OOM - 7 199

ORDE R, granting motion of defendant to strike Paragraph 1 set forth on page 9

of the Final Order dated August 10, 1971 - f i led and entered - McFadden - em
MOTION o f p l aintiffs f or an orde r requiring de fendant to dis est ablish it s dua l
bus t r ans po rtation system i n J effe rson County - file d - see order date
11/11/75
MOT I ON of defendant , Shelby County Boa rd o f Education , for continuance - fi l ed
cs
GRANTED - to be reset by Order of the Court - McFadden - 1/30/75 - em
ORDER th ~ t th is Court does he reby giv e its permi ss i on and consent for t he Shelb
County Board of Edu cation to move and transfer Grades 7 & 8 f rom the Helena
School in Shelby County, Alabama , to Pelham High School in Shelby County,
Alabama, beginning when the school year commences in September,l975 - filed
and entered - McFadden - em
MOTION of plaintiffs to withdraw their motion filed on November 6, 1974 - filed - cs
ORDER tha t plai nt i f fs moti on for an or der requiring defendant, She lby County Bo rd
of Education t o disestablish its dual bus transpo r tation sys t em be, and he
same hereby i s , withdrawn - filed and entered - McFadden - em

1976
Nov. 4

12
17

17

17

Z QRQ E TO ~ HOH _~~US E that all parties interested show cause at a motion term of

this Court, to be held in Courtroom #1, United States Court House, .

Alabama at ~_jiJll ., on the 17th da ~ of November 12Zfi , or as soon thereafte
as counsel can be heard, why the attached Order in the following cases, all
of which are part of United States and Lee v. Macon County Board of Education
N.D. Ala., CA. No. 70-251-S, should not be entered - Greene_h,Q!.I nt Bo..srp _of
Edu~ ation~__B i_ QP. Coun._! ~ 5:>f - ~du~ ti _g n; Tu?C(ljO
.QS..?....f.OLUJ t ,Y._ Board of. Eg_u_catj Jl ;
to Show Cause, together with the attached proposed Order, upon all parties
interested herein on or before the 8th day of November, 1976, shall be deemed
sufficient, filed and entered (McFadden) - em - gd
Response of plff intervenor United States of America to Order to Show Cause,
filed - gd
On hearing at Birmingham, re: Greene County Board of Education, Bibb County
Board of Education, Tuscaloosa County Board of Education, and Shelby County
Board of Education, before the Han. Frank H. McFadden to Show Cause why pro ~
posed judgment should not be entered - NO OBJECTI ONS MADE - WRitten judgment,
as proposed, to be entered by the Cour t (Wester, Court Reporter) - gd
l Clerk's Court Minutes entering judgment on decision by the court that proposed
judgment re: Greene County Board of Education, Bibb County Board of Education,
Tuscaloosa County Board of Education, and Shelby County Board of Education,
will be entered by the court, filed and entered (Wester, Court Reporter) - gd
l ORDER that the detailed regulatory injunctions issued by this Court and by the
U.S. District Court for the Middle Dist. of Ala. as against the following
school systems, tne individual board members and t he superintendents thereof,
are dissolved re: Greene County Board of Education, Bibb County Board of
Education, Tuscaloosa County Board of Education, Shelby County Board of
Education, and the permanent injunction i n paragraph 2, below, substituted.
2. The above-named school distr icts, the individual board members, and the
superintendents thereof, are permanently enjoinedf from operating a dual
system of racially identifiable schools, and in addition, operation of t he
above-named deft school districts shall be subject to the following provisions
(SEE CONTINUATION SHEET)

CIVIL DOCKET CONTINUATION SHEET

CA 70-0251..:s

(SHELBY COUNTY BOARD OF EDUCATION)

DEFEND A NT

PLAINTIFF

DOCKETNO. __________
PAGE ___ OF _ _ PAGES
DATE

NR.

PROCEEDINGS

as set out in this order, and further that the actions pertaining to the abovenamed districts are placed on the inactive docket of this Court subject to
being re-activated on proper ~pplication by any aprty, or on the Court's motion,
should it appear that further proceedings are necessary, and further that the
provisions of previous orders in this case as they relate to other defts not
named in paragraph 1, above, remain in full force and effect and are in no
way affected by this order, filed and entered (McFadden) - em - gd
1987
Oct. 23

23

ORDER that all parties in school systems assigned to this court show cause by
11/23/87 why this court should not dismiss this action as to each of them in
the manner prescribed by the 11th Circuit as set out in this order; that this
issue is set for hearing on ll/24/87 at 1:30 p.m. and shall thereafter be
taken under submission on all materials submitted in response to this order,
unless submission time is extended, w/exhibit attached, filed {ACKER); entered
10/23/87-cm-sjr
13 Interrogatories of plffs propounded to deft Shelby County Bd. of Education, filedcs-sjr
iY Motion of plffs to shorten time for deft to answer plffs' interrogatories, filedcs-sjr
-SEE ORDER DATED 11/13/87
1S
ORDER that time for deft to answer plffs' interrogatories is shortened to 7 days
from receipt of interrogatories, filed {ACKER); entered ll/13/87-am-sjr
I~
Motion of plffs for continuance of ll/24/87 hearing, filed-cs-sjr
--SEE ORDER DATED ll/24/87
i1 Response of State Supt. of Education to court's order to show cause, filed-cs-sjr
( ~ Answers of deft Shelby County to plffs' interrogatories, w/exhibits attached,
filed-cs-sjr
{del WMA)
t9 Response of USA to court's order to show cause, filed-cs-sjr

24

:2-o

Nov. 13
13

13

23
23
23

Iec.

jl

3
3

17

21

ORDER that plffs' rootion for continuance is granted and the entire matter is reset
for oral hearing on 3/l/88 at 9:00a.m.; that the 10/23/87 order is amended to
include Gadsden State Community College, except for cla~ of plff-intervenor
McMillian which shall not be affected by any final dete:rmination respecting
that institution, filed {ACKER); entered ll/24/87-am-sjr
.2( Motion of Oscar .Adams, III to admit Julius Charmers, Norman Chachkin and Janell
Byrd pro hac vice, w/affidavits of Chambers, Chachkin and Byrd attached, filedcs-sjr
~- SEE ORDER DATED 12/3/87
.:l:L ORDER that .Adams' rootion to admit Chambers, Chachkin and Byrd pro hac vice is
granted, filed {ACKER}; entered 12/03/87- am-sjr
Motion of plffs in this and CA63-574 for clarification of matters set out in this
motion, filed-cs-sjr
-SEE ORDER DATED 12/17/87
ORDER in this and CA63-574 that the parties are to disregard all references to
Gadsden City Schools in all previous orders and filings in CV70-251S; all
matters concerning Gadsden City Schools must be filed in CV63- 574 only and any
filing directed to Gadsden City Schools in CV70-251S will be disregarded and
items filed in CV70-251S which were not duplicated must be refiled in order to
be considered in CV63-574 by 12/28/87; that exhibit A attached reflects attys
of record, filed {ACKER); entered 12/17/87-cm-sjr
Motion of T. W. Thagard, Jr. and David R. Boyd to withdraw as counsel for AL.
State Bd. of Education and AL. State Iept. of Education, filed-cs-sjr {del~
DC1 11A (Rev. l/75)

CIVIL DOCKET CONTINUATION SHEET

DEFE NDA N T

PLAINTIFF

SHELBY COUNI'Y BD. OF EDU.

ANTHONY T. LEE, et al
DATE

1988
Jan. 29
Feb. 23
Mar. 10

PAG E

_4_

(.A~

OF _ _ PAGES

PROCEEDINGS

NR .

MACON COUNI'Y BOARD OF EDUCATION

CA 70-251-S

DO CK ET NO.

r--

Response of plffs and plff-intervenor to court's 10/23/87 order, filed-cs-sjr

~1 Interrogatory (Supplemental) of plffs propounded to defts, filed-cs-sjr
J..3
ORDER that plffs shall file by 4:30 p.m. 4/10/88 a supplementary written response
to court's 10/23/87 order to show cause setting forth objections with factual
support relating to unitary status and dismissal of action against defts as set
out in this order; that each deft shall have until 4:30p.m., 30 days after
service of plffs' response to reply; that defts' which have not answered supple
mental interrogatory are ordered to answer by 3/21/88; that motions to compel
and/or objection, only, will be entertained fran this date forward; that no
fUrther discovery will be allowed, filed (ACKER); entered 03/10/88-cm-sjr
11 29
Response of deft Shelby County to plffs' supplemental interrogatory, w/exhibits
attached, filed-cs-sjr
ORDER that remaining entities which have not submitted past desegration plans are
21 JO
to do so by 4:30p.m. on 3/28/88, filed (ACKER); entered 03/22/88-cm-sjr
29 31
ORDER in this and CV63-574 that the clerk is directed to mail to attys Byrd and
Privett one copy each of desegregation plans furnished by deft, filed (ACKER);
entered 03/29/88-crrrsjr
Apr. 1 52 Motion of plffs to compel defts Attalla, Etowah and Shelby to ansv,;er supplemental
interrogatory, w/exhibits attached, filed-cs-sjr
--- 04/04/88 GRANTED-Answer on or before April 6, 1988 (ACKER); entered 4/4/88-cm-~j
6 3:3 Answer (.Add' 1 Response) of deft Shelby County to plffs' supplemental interrogatory,
w/exhibits attached, filed-cs-sjr
(del WMA)
3'1
11
Response of plffs to 10/23/87 show cause order, filed-cs-sjr
12 3S Response of the United States to court's 3/10/88 order, filed-cs-sjr
29 3).; Transcript of proceedings in this and CA63-574 had before Hon. William M. Acker, J
on 3/l/88 in B'ham, AL, filed-sjr (Rptr: Lee Cook) (placed in 63-574)
4
May
~( Response (.Add'l) of deft Shelby County to plffs' supplemental interrogatory, with
exhibits attached, filed-cs - sjr
(del WMA)
3o
Jul. 8
ORDER that each deft must be prepared to meet its 'burden of showing that it has
'
fully complied with court's orders and that asserted failures or shortcomings
do not derive from past or present discriminatory action; that any deft which
by a writing filed with the clerk by 7/15/88 (1) concedes that it is not
presently entitled to a dissolution of the injunction, (2) concedes that it
is not entitled to a termination of the case as to it, (3) asks for opportunit
to come into full compliance with court's prior orders within 9 months from
this date, and (4) agrees to report to the court on the first of each succeed
ing month for the 9month pericxi each and all actions taken be deft in order
to canply, shall not be required to attend an evidentiary hearing, and its
evidentiary hearing shall be postponed for 9 months; otherwise, hearing set
as follows: Attalla, 7/26/88, 9:00a.m.; B.i bb, 7/26/88,1:30 p.m.; Shelby,
7/27/88, 9:00a.m.; Gadsden City, 7/29/88, 1:30 p.m., filed (.ACKER); entered
07/08/88cmsjr
SEE ORDER DATED 7/18/88
ORDER that the 7/8/88 is amended to correct the date 7/15/87 to read 7/15/88,
18
filed (ACKER); entered 07/18/88-cm- sjr
c.(o
Motion of deft Shelby County for continuation of 7/27/88 setting, filed- cs-sjr (dE
18
--SEE ORDER DATED 7/19/88
4.1
19
ORDER that the 7/27/88 hearing is continued to 8/8/88 at 9:00a.m, filed (ACKER);
entered 07/19/88-crrrsjr
(del WMA)
Motion of plffs for order declaring that deft Shelby County has not achieved unitarp
26
status, filed-cs-sjr
(del w11A)

DC lllA
(Rev . l / 75)
CIVIL DOCKET CON TI NUATION SH E ET
PLAINTIFF

DEFENDANT

l'Nlli::NY T. lEE,

et al

MfG]\J'

aJ..NIY ID. CF ED..rATIQ\1

( SHF.T .RV

DATE

J. IN' 'Y I

CA70-251-S (AR)

DOCKET NO. - - - - - - - -

j PAGE _2_ oF_ _ PAGES

PROCEEDINGS

NR .

1988
Jul. 27

Motion of the United States to compel Shelby County to respond to 3/10/88 order,
filed-cs-sjr
(del WMA)
--SEE ORDER DATED 7/29/88
29
ORDER that unless Shelby County fully complies with the order of 3/10/88, by
8/8/88, there will be no evidentiary hearing, and an order will be entered
extending the obligations under the present injunction, granting plff's motion
of 7/26/88 and imposing sanctions; that the 8/8/88 hearing is rescheduled for
8/31/88 at 1:30 p.m.; that this order moots those request in motion of u.s. no
herein granted, filed (ACKER); entered 07/29/88-cm-sjr
Aug. 2 (ft:" Response of deft Shelby County to plffs' objections pursuant to court's order
entered 3/10/88, filed-cs-sjr
(del WMA)
Response of Shelby County to plffs' objections pursuant to court's order of 3/10/ 8,
8 y~
wjexhibits attached, filed-cs-sjr
(del WMA)
Motion of the United States for further relief, filed-cs-sjr
(del WMA)
26 C(1

Oct.

29

Y'?

<1 '1

11 Sb

ORDER that the 8/31/88 hearing is cancelled and will be reset after 9/30/88 if
not settled, filed (ACKER); entered 08/29/88-cm-sjr
Response (Supplemental) of Shelby County Bd. of Edu. to court's order of 8/29/88,
filed-cs-sjr
(del WMA)
ORDER that on court's own motion, proceedings are stayed in Attalla, Bibb, and
Shelby County school systems pending outcome of appeals in Etowah, Sylacauga,
Talladega City and Talladega County systems, filed (ACKER); entered 10/11/88~sjr

Nov. 15

~{

7/13/99

52

1.6

Motion (Letter Arrendment) of the United States for further relief, filed-cs-sjr ( ~
Notice of .reassigrnent to Jlrlge Buttran, an, jhw

(SHELBY COUNTY)

CIVIL DOCKET CONTINUATION SHEET

PLAINTIFF

DEFENDANT

ANTHONY T. LEE, -et a1 ~ Pl ffs

U.S.A. - Interven. - NEA ~ Interv.
DATE

CA 70-251-S

~1ACON

COUNTY BOARD OF ED. ' ET AL.

DOCKET NO. - - - - PAGE_ OF _ _ PAGES

NR.

PROCEEDINGS

(ADDITIONAL SHEET FOR ATTORNEYS)

~~~'

Superintendent Ellie B. Glasscox (ll/23/87)

SHELBY COUNTY BOARD OF EDUCATION
Columbiana, AL 35051

,r-~-OOWMAN..,-~:tARD-,--GROOK-4-GUL-P~...P.P~-H---

-...3.25...D.e.xter-..J\.lt.e.nue.. __ _
-..Mo.ntgomer-jL,-.-AL-.3.6.l.0.4...-

for:

NEA

,fOut--See Order Dated 12/22/87

DEPARTMENT OF JUSTICE
Civil Rights Division - Education Section
Washington, D. C. 20530

FR.ntJ ,~

E"LLi s -sf(_

-~

(11/23/87)
WALLACE, ELLIS, HEAD & FUVLER
P. 0. Box 587
Colunbiana, AL. 35051
669-6783
FOR: Shelby County Bd. of Edu.

H. L. Conwill
( 11/23/87)
CONWILL & JUSTICE
P. 0. Box 557
Colunbiana, AL. 35051
669-6701
FOR: Shelby County Bd. of Edu.

Jim R. Ippolito, Jr. (ll/23/87)

State Dept. of Education
609 State Office Bldg.
Montganery, AL. 36130
261-5320
FOR: State Supt. of Education

DC-111A (Rev.l/75)

CIVIL DOCKET CONTINUATION SHEET

PLA INTIFF

DEFENDAN T
DOCKET NO .
PAGE _ _ OF _ _ PAGES

DATE

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PROCEEDINGS

DC lllA
(Rev. l / 75)

CIVIL DOCKET CONTINUATION SHEET

PLAINTIFF

DEFENDANT

DOCKET NO.

i PAGE _ _ OF_ _ PAGES

DATE

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PROCEEDINGS