SOUTHERN DIVISION

CA 70-251
CIVIL DOCKET
UNITED STATES DISTRICT COURT
D. C.

Jury demand date:

Form No. 106A Rev.

ATTORNEYS

TITLE OF CASE

ANTHONY T. LEE, et al

Plaintiffs

UNITED STATES OF AMERICA

Intervenor

NATIONAL EDUCATION ASSOC.

Intervenor

For plaintiff: Gray, Seay & Langford 352 Dexter Ave., J:.1ontgomery 26104
Demetrius C. Newton, Suite 1722 - 2121 Bldg.
Bham 35203
J ack Greenberg - NAACP, 10 Columbus Circle
N.Y., N.Y. 10019
U. W. Clemon - Adams, BAker & Clemon -Suite
2121 -8th Ave., No., Bham 35203
1600
J. Stanley Pottinger , Asst. Atty Gen
Civil Rights Div., U.S. Dept of Justice
Wash., D. C. 20530

vs.

Brian K. Landsberg, Atty., Education Sec.

Civil Rights Div., US Dept of Justice
Wash., D. C. 20530

MACON COUNTY BOARD OF EDUCATION,

et al
Defendants

FORT PAYNE CITY SCHOOL SYSTEM

W. A. Israel, Superintendent
Fort Payne City Board of Education
Post Office Box 61
Fort Payne, Alabama 35967

COSTS

STATISTICAL RECORD

Wayman G. Sherrer, U. S. Atty.,

Federal Bldg., Bham 35203
For defendant: state officials William J. Baxley, Atty Gen., St of Ala.
64 No. Union St ., Montgomery, 36104

J.S. 5 mailed

Clerk

J.S. 6 mailed

Marshal

Basis of Action :

Docket fee

DATE

NAME OR
RECEIPT NO.

REC.

DIS B.

Witness fees
Action arose at:

Depositions

,.mno s __lL---+-----PR~~R

AL -ll----+--- - .. ---

TRIAL --......+1-----1-- - - - -JS 6 ~ILI P

--+-- - - - -

CA 70- 251

SOUTHERN DIVISION

FPI MI -1-3 -7 2-IOOM 7 199

1974
DATE
Jun

17
J u ly 25

6/25/12
7/23/12

PROCEEDINGS
Order that all parties interested show cause at a motion term of this Court
to be held in Courtroom #5, United States Court House, Birmingham, Alabama,
at 9:00a.m., July 25, 1974, why attached proposed order involing school
disbicts listed in this Order should not be entered - filed and entered
(Pointer) em
Response of United S.tates to order to show cause, filed - cs (filed in Attalla
City file)
Ordermtm.e<intBg:\Jed tr~A1.~ory a~tUW}ftt\~~v5.rMx~'dJ>~r~ltt~~Cf..o~~t lfiW t~ the
superintin~l~fs tnereot: O~~tn1s ana~otner d1stricts"ffste! in this order,
are dissolved; the actions pertaining to the above-named districts are
hereby placed on the inactive docket of this Court, subject to being
re-activated; the provisions of previous orders in this action as they
relate to other defendants not named in paragraph 1, above, remain in
full force and effect and are in no way affected by this order, filed and
entered. (Pointer) em
MOTION (JOINT) to Approve Consent Order. filed, eva
MOTION for Leave to Appear Pro Hac Vice for Damon Hewitt, NAACP, NDAL Receipt
No. B460135558, $50.00, filed, eva

7/25/12

PRDER: Damon Hewitt's Motion for Admission Pro Hac Vice is GRANTED. (KALLON~igned 7/24/12, EOD 7/25/12) em-eva

7/26/12

ORDER: The parties are ORDERED to submit to the Court a jointly proposed Notice
of Fairness Hearing for the Court's approval and for dissemination to the public
by 8/15/12. All interested parties desiring an opportunity to comment on the
motion are ORDERED to attend a fairness hearing on 10/18/12 at 9:30 am in
Gadsden, AL. (KALLON-signed 7/26/12, EOD 7/26/12) em-eva

8/17/12
8/28/12
10/5/12

JOINT MOTION TO Approve Notice of Fairness Hearing (with exhibits and proposed
order). filed, eva
ORDER:
Joint Motion to Approve Notice of Fairness HearingisGRANTED.
(KALLON-signed 8/28/12, EOD 8/28/12) em-eva
MOTION (Unopposed): to Approve Revised Notice of Fairness Hearing (with attached
proposed notice) by Defendant Ft. Payne City Board of Education, filed, eva.

10/10/12 ORDER GRANTING Defendant Fort Payne City Board of Education's Unopposed Motion to
Approve Revised Notice of Fairness Hearing (KALLON-signed 10/10/12, EOD 10/10/12,
em 10/11/12-cva) . .1*<Addit1onally,
,
.

t h e Fa1rness
Hear1ng
is reset
12/5/12
12/5/12

for Wednesday, 12/5/12 at 9:00 am in Gadsden, AL***

~~*Minute Entry: Motion hearing held on December 5, 2012, written order to be
~ntered by the court (KSS)
~ONSENT ORDER: Having found that the District has satisfied its desegregation
pbligations in the areas of transportation, extracurricular activities, and
~acilities, the Court hereby withdraws its jurisdiction over those areas of the
~ase. Continued judicial supervision of this case will be limited to ensuring that
he District takes all actions identified in this Consent Order and refrains from
aking any actions that reverse its progress in desegregating the school system.
All Orders not inconsistent herewith remain in full force and effect. (KALLON~igned 12/5/12, EOD-12/5/12) em-eva
(continued on next page)

Date Order o
Judgment Not

CA 70- 251

SOUTHERN DIVISION

FPI

MI-1-3 - 72 - I OO M -7 199

197
DATE

Jun

Date Order o

I Judgment Not

PROCEEDINGS

Order that al l parties interested show cause at a motion term of this Court
to be held in Courtroom #5, Uni ted States Court House, Birmingham, Alabama,
at 9:00a.m., July 25, 1974, why attached proposed order involing school
dis bictslisted in this Order should no t be entered- filed and entered
(Pointer) em
Response of United States to order to show cause, filed - cs (filed in Attalla
City file)
Order Mi~~dnl_~\-\.i_i tr~k1~o ry a~'C}j'fi!J;'i:t \<fil]A JJ~'!tEld J>WartJ"lln~~ff..%%t
t~ t he
super1ntenoents thereot: O~~tn1s ana ~otner d1st r icts "!1 stel 1n this order,
are dissolved; the actions pertaining to the above-named districts are
hereby pl aced on the inactive docket of this Court, subject to being
r e-act ivated; the provisions of previous orders in this action as they
relate to other defendants not named in paragraph 1, above, remain i n
full force and effect and are in no way affected by this order, filed and
entered. (Pointer) em

17

rfiW

July 25

,/25/12

MOTION (JOINT) to Approve Consent Order. filed, eva

' 23/12

MOTION for Leave to Appear Pro Hac Vice for Damon Hewitt, NAACP, NDAL Receipt
No. B460135558, $50.00, filed, eva

125/12

RDER: Damon Hewitt's Motion for Admission Pro Hac Vice is GRANTED. (KALLONigned 7/24/12, EOD 7/25/12) em-eva

/26/12

ORDER: The parties are ORDERED to submit to the Court a jointly proposed Notice
of Fairness Hearing for the Court's approval and for dissemination to the public
by 8/15/12. All interested parties desiring an opportunity to comment on the
motion are ORDERED to attend a fairness hearing on 10/18/12 at 9:30 am in
Gadsden, AL. (KALLON-signed 7/26/12, EOD 7/26/12) em-eva

8/17/12
8/28/12
10/5/12

JOINT MOTION TO Approve Notice of Fairness Hearing (with exhibits and proposed
order). filed, eva
ORDER:
Joint Motion to Approve Notice of Fairness HearingisGRANTED.
(KALLON-signed 8/28/12, EOD 8/28/12) em-eva
MOTION (Unopposed): to Approve Revised Notice of Fairness Hearing (with attached
proposed notice) by Defendant Ft. Payne City Board of Education, filed, eva.

10/10/12 ORDER GRANTING Defendant Fort Payne City Board of Education's Unopposed Motion to
Approve Revised Notice of Fairness Hearing (KALLON-signed 10/10/12, EOD 10/10/12,
em 10/11/12-cva).
"
-1:-*,cAddi tionally, the Fairness Hearing is reset
for Wednesday, 12/5/12 at 9:00am in Gadsden, AL-l:--lH<
12/5/12
-lH~Minute Entry: Motion hearing held on December 5, 2012, written order to be
ntered by the court (KSS)
12/5/12
ONSENT ORDER: Having found that the District has satisfied its desegregation
bligations in the areas of transportation, extracurricular activities, and
acilities, the Court hereby withdraws its jurisdiction over those areas of the
ase. Continued judicial supervision of this case will be limited to ensuring that
he District takes all actions identified in this Consent Order and refrains from
aking any acti~ns th~t reverse i~s progress in desegregating the school system.
11 Orders not 1ncons1stent herew1th remain in full force and effect. (KALLONigned 12/5/12, EOD-12/5/12) em-eva
(continued on next page)

DC lllA
(Rev. 1/75)

CIVIL DOCKET CONTINUATION

DEFENDANT

PLAINTIFF
Lee, et al.
DATE

12/5/12

NR.

SHEET

70-251

Macon County Board of Education, et al~OCKET NO.

Ft. Payne City School System
PAGE _oF __ PAGES
PROCEEDINGS
(continued) The District retains the burden of eliminating the vestiges of de
jure segregation in the areas still under this Court's superv1s1on, and may move
for a declaration of complete unitary status no sooner than 45 days after receipt
of the 7/1/15 progress report.