Case: Allen v. Alabama State Bd. of Educ.

2:81-cv-00697 | U.S. District Court for the Middle District of Alabama

Filed Date: Dec. 15, 1981

Closed Date: Jan. 27, 2010

Clearinghouse coding complete

Case Summary

In 1981, African-American applicants to the Alabama Initial Teacher Certification Testing Program filed a lawsuit under 42 U.S.C. § 1981 against the Alabama State Board of Education in the United States District Court for the Middle District of Alabama. They filed the suit on behalf of a putative class of all black persons who had been or will be denied any level of teaching certificate because of their failure to pass the test administered by the Alabama Initial Teacher Certification Testing P…

In 1981, African-American applicants to the Alabama Initial Teacher Certification Testing Program filed a lawsuit under 42 U.S.C. § 1981 against the Alabama State Board of Education in the United States District Court for the Middle District of Alabama. They filed the suit on behalf of a putative class of all black persons who had been or will be denied any level of teaching certificate because of their failure to pass the test administered by the Alabama Initial Teacher Certification Testing Program.

Due to lack of information prior to the start of the PACER docket, the date of class certification is uncertain, but the class was indeed certified and the parties began discussion of a class settlement. On January 5, 2000, the court (Judge Myron H. Thompson) approved an amended consent decree.

On September 25, 2000, the court ordered and set yearly status conferences through the year 2009. Since then, motions for minor adjustments to the consent decree have been adopted, for example a September 30, 2004 motion to redefine the plaintiff class was granted.

On December 14, 2004, the court approved a Second Amended Consent Decree, amending the class definition, adding class representatives, and appointing additional counsel for the class. On February 11, 2005, the court issued an order that further amended the duration and grounds for termination of the decree.

On June 7, 2005, the court issued an order approving a settlement which awarded plaintiffs costs and attorneys' fees up to that date, of which was worth $660,000. On September 9, 2009, defendants were ordered to pay Plaintiffs an additional $350,000 for attorneys' fees and costs incurred for the period of April 22, 2005, through July 31, 2009.

On January 27, 2010, the lawsuit was finally dismissed, and all consent decrees and orders terminated with the exception of attorneys' fees and costs. A March 8, 2010 order awarded the plaintiffs an additional $42,599 in attorneys' fees, expenses, and costs.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5330479/parties/allen-v-al-boardeducation/


Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Acoff, Valerie Lashawn (Alabama)

Blacksher, James U. (Alabama)

Davis, Terry G. (Alabama)

Englehart, John Mark (Alabama)

Gray, Fred David Sr. (Alabama)

Menefee, Larry T. (Alabama)

Pitters, Amardo Wesley (Alabama)

Salaam-Jones, Ramadanah Maryum (Alabama)

Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Acoff, Valerie Lashawn (Alabama)

Blacksher, James U. (Alabama)

Davis, Terry G. (Alabama)

Englehart, John Mark (Alabama)

Gray, Fred David Sr. (Alabama)

Menefee, Larry T. (Alabama)

Pitters, Amardo Wesley (Alabama)

Salaam-Jones, Ramadanah Maryum (Alabama)

Seay, Solomon S. Jr. (Alabama)

Stein, Gregory B. (Alabama)

Thomas, Kenneth L. (Alabama)

Watkins, Donald Varnardo (Alabama)

Attorneys(s) for Defendant

Azar, Denise B. (Alabama)

Biggs, Gregory Marion (Alabama)

Boyd, David R. (Alabama)

Craven, Larry Eugene (Alabama)

Dean, Juliana Faria Teixeira (Alabama)

Dettling, Aaron L. (Alabama)

Hamlett, Ashley (Alabama)

Ippolito, Jim Robert Jr. (Alabama)

McKinney, Susan (Alabama)

Meadows, Richard N. (Alabama)

Park, John J. Jr. (Alabama)

Rebell, Michael A. (New York)

Sorrells, Reginald Lee (Alabama)

Sparrow, James Callen (Alabama)

Walker, Jordan Dorman (Alabama)

White, Michael Ronald (Alabama)

Other Attorney(s)

Edelmann, Lindsey C. (Georgia)

Gardner, Jesse Cecil (Alabama)

Greer, Ernest Lamont (Georgia)

Hopson, Dorsey E. II (Georgia)

Hosp, Edward Andrew (Alabama)

Long-Daniels, David Wayne (Georgia)

McCrary, Michael Vance (Alabama)

Olsen, Mary Elizabeth (Alabama)

Smith, Charles Matthew (Georgia)

Vinik, Sandra Lois (Alabama)

Documents in the Clearinghouse

Document

2:81-cv-00697

Docket

Allen v. Alabama State Board of Education

March 8, 2010

March 8, 2010

Docket
566

2:81-cv-00697

Status Report of Consent Decree

Allen v. Board of Education

Feb. 15, 2002

Feb. 15, 2002

Pleading / Motion / Brief
702

2:81-cv-00697

Order (Granting Preliminary Approval of Revised Decree and Joint Stipulations

Allen v. Alabama State Board of Education

Dec. 2, 2004

Dec. 2, 2004

Order/Opinion
709

2:81-cv-00697

Second Amended Consent Decree

Allen v. Alabama State Board of Education

Dec. 14, 2004

Dec. 14, 2004

Order/Opinion
722

2:81-cv-00697

Order (Amending Second Amended Consent Decree)

Allen v. Alabama State Board of Education

Feb. 11, 2005

Feb. 11, 2005

Order/Opinion
738

2:81-cv-00697

Unopposed Motion to Withdraw Order of July 7, 2005 and to Enter Order Approving Settlement

Allen v. Alabama Board of Education

June 9, 2005

June 9, 2005

Pleading / Motion / Brief
739

2:81-cv-00697

Order (Approving Settlement)

Allen v. Alabama State Board of Education

June 10, 2005

June 10, 2005

Order/Opinion
810

2:81-cv-00697

Order (Granting Payment of Attorney Fees and Costs)

Allen v. Alabama State Board of Education

Sept. 9, 2009

Sept. 9, 2009

Order/Opinion
816

2:81-cv-00697

Order, Judgment, and Decree (Terminating Consent Decree and Order and Dismissing Case With Prejudice)

Allen v. Alabama State Board of Education

Jan. 27, 2010

Jan. 27, 2010

Order/Opinion
818

2:81-cv-00697

Consent Order (Granting Joint Motion for Entry of Order Directing Payment of Attorney Fees and Costs)

Allen v. Alabama State Board of Education

March 8, 2010

March 8, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5330479/allen-v-al-boardeducation/

Last updated Aug. 2, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

SKELETON CASE − LIVE DOCKET ENTRIES BEGIN AS OF 9/13/95. (dkt clerk) (Entered: 09/13/1995)

Aug. 9, 1995

Aug. 9, 1995

737

ORDER denying 723 Motion for attorney fees and expenses and motion for extension of time, denying 724 Motion for Attorney Fees and motion for extension of time, denying 725 Motion for Attorney Fees and motion for extension of time, denying [726 ] Motion for Attorney Fees and motion for extension of time with leave to renew within 45 days should the parties not be able to finalize the settlement;. Signed by Judge Myron H. Thompson on 6/7/05. (Attachments: # 1 civil appeals checklist) (ajr, )

1 civil appeals checklist

View on PACER

June 7, 2005

June 7, 2005

RECAP
344

MOTION by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith for further relief (Exhibits A−C attached), referred to Judge Myron H. Thompson (dkt clerk) Modified on 09/13/1995 (Entered: 09/13/1995)

Aug. 9, 1995

Aug. 9, 1995

347

ORDER, Defendants' Response to Motion set to 8/28/95 for [344−1] motion for further relief and [345−1] motion for preliminary injunction ; set Status Conference 4:00 9/6/95 before Judge Myron H. Thompson ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 09/13/1995)

Aug. 16, 1995

Aug. 16, 1995

352

MOTION by AL Board/Education to Modify 10/25/85 consent decree referred to Judge Myron H. Thompson (dkt clerk) (Entered: 09/13/1995)

Aug. 28, 1995

Aug. 28, 1995

353

RESPONSE by AL Board/Education to [344−1] motion for further relief and [345−1] motion for preliminary injunction, referred to Judge Myron H. Thompson (dkt clerk) (Entered: 09/13/1995)

Aug. 28, 1995

Aug. 28, 1995

354

ORDER, Response to Motion set to 9/5/95 for [352−1] motion to Modify 10/25/85 consent decree ; set Status Conference 4:00 9/6/95 before Judge Myron H. Thompson ; directing the clerk of the court to notify counsel by telephone, ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 09/13/1995)

Sept. 1, 1995

Sept. 1, 1995

355

RESPONSE by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith to [352−1] motion to Modify 10/25/85 consent decree by AL Board/Education referred to Judge Myron H. Thompson (dkt clerk) (Entered: 09/13/1995)

Sept. 5, 1995

Sept. 5, 1995

Status Conference held before Judge Myron H. Thompson (dkt clerk) (Entered: 09/13/1995)

Sept. 7, 1995

Sept. 7, 1995

358

SCHEDULING ORDER setting Pretrial Conference for 8:00 11/13/95 before Judge Myron H. Thompson; Non−jury trial set for 10:00 12/15/95 before Judge Myron H. Thompson ; Proposed Pretrial Order due 11/11/95 ; Discovery cutoff 11/13/95 ; pretrial brief deadline on 12/5/95; that each side shall be allowed to call one "summary expert" who should be fully familiar with the joint record; that by 11/20/95, the parties are jointly to develop and submit to the court a record of the evidence they intend that the court rely upon, ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to MT and TW. (dkt clerk) (Entered: 09/13/1995)

Sept. 7, 1995

Sept. 7, 1995

360

MOTION by AL Board/Education, Wayne Teague to Vacate Consent Decree (Exhibits l−5 attached) referred to Judge Myron H. Thompson (war) (Entered: 09/26/1995)

Sept. 25, 1995

Sept. 25, 1995

361

ORDER setting the motion to vacate consent decree filed by defendants on 9/25/95 for discovery, briefing, submission and trial in accordance with the scheduling order entered on 9/7/95 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to Tim. (war) (Entered: 10/03/1995)

Oct. 3, 1995

Oct. 3, 1995

362

MOTION by Board Trustees/ASU, Eria P. Smith to Shorten Time for defendants to respond to the requests for admissions (w/attachment) referred to Judge Myron H. Thompson (war) (Entered: 10/23/1995)

Oct. 20, 1995

Oct. 20, 1995

363

MOTION by Board Trustees/ASU, Eria P. Smith that matters be admitted , or that amended answers to requests for admissions be served referred to Judge Myron H. Thompson (war) (Entered: 10/24/1995)

Oct. 23, 1995

Oct. 23, 1995

364

ORDER denying as moot [363−1] motion that matters be admitted, denying as moot [363−2] motion that amended answers to requests for admissions be served, denying as moot [362−1] motion to Shorten Time for defendants to respond to the requests for admissions ( signed by Judge Myron H. Thompson ) , copies mailed to counsel. (war) (Entered: 10/31/1995)

Oct. 31, 1995

Oct. 31, 1995

365

Letter MOTION by AL Board/Education, Wayne Teague to continue l2/l5/95 hearing date referred to Judge Myron H. Thompson (war) (Entered: 11/02/1995)

Nov. 2, 1995

Nov. 2, 1995

366

SCHEDULING ORDER granting the letter motion for continuance filed ll/2/95; resetting Pretrial Conference for 8:00 1/23/96 before Judge Myron H. Thompson Discovery cutoff 1/17/96 ; Proposed Pretrial Order due 1/19/96 ; Non−jury trial set for 10:00 2/23/96 before Judge Myron H. Thompson ; pretrial brief deadline on 2/14/96; that the parties jointly develope and submit to the court a record of the evidence they intend that the court rely upon by 2/1/96 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to Tim, Marie. (war) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

367

NOTICE of Attorney Appearance for Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender by Terry G. Davis, Amardo Wesley Pitters (war) (Entered: 11/16/1995)

Nov. 15, 1995

Nov. 15, 1995

368

MOTION by AL Board/Education, Wayne Teague for Protective Order referred to Judge Myron H. Thompson (war) (Entered: 12/05/1995)

Dec. 4, 1995

Dec. 4, 1995

369

ORDER, Response to Motion set to 12/14/95 for [368−1] motion for Protective Order , motion hearing set for 9:00 12/18/95 before Mag. Judge John L. Carroll for [368−1] motion for Protective Order ; directing the clerk's office to provide counsel for the parties with a copy of this order by facsimile ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished to Stan, Marie. (war) (Entered: 12/08/1995)

Dec. 8, 1995

Dec. 8, 1995

370

ORDER, motion hearing set for 9:00 12/18/95 in chambers of U.S. Magistrate Judge John L. Carroll before Mag. Judge John L. Carroll for [368−1] motion for Protective Order ; that Mr. Stein may participate by telephone ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished to Stan, Marie. (war) (Entered: 12/12/1995)

Dec. 12, 1995

Dec. 12, 1995

371

Letter MOTION for James U. Blacksher to Withdraw as Attorney referred to Judge Myron H. Thompson (war) (Entered: 12/12/1995)

Dec. 12, 1995

Dec. 12, 1995

372

MEMORANDUM by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender in opposition to [368−1] motion for Protective Order by Wayne Teague, AL Board/Education referred to Mag. Judge John L. Carroll (war) (Entered: 12/15/1995)

Dec. 15, 1995

Dec. 15, 1995

373

ORDER, motion hearing set for 4:00 12/18/95 before Mag. Judge John L. Carroll for [368−1] motion for Protective Order ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished to Stan, Marie. (war) (Entered: 12/15/1995)

Dec. 15, 1995

Dec. 15, 1995

374

BRIEF by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender in support of [368−1] motion for Protective Order referred to Mag. Judge John L. Carroll (war) (Entered: 12/21/1995)

Dec. 21, 1995

Dec. 21, 1995

375

ORDER that the plaintiff and plaintiff−intervenors file a respons to the brief filed in support of a motion for protective order ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (war) (Entered: 12/27/1995)

Dec. 27, 1995

Dec. 27, 1995

376

REPLY (RESPONSE) by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender to response (brief in support) to [368−1] motion for Protective Order by Wayne Teague, AL Board/Education referred to Mag. Judge John L. Carroll (war) (Entered: 01/03/1996)

Jan. 2, 1996

Jan. 2, 1996

377

ORDER denying [368−1] motion for Protective Order; directing the clerk's office to provide counsel for the parties with a copy of this order by facsimile, ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; faxed to counsel as directed. (dkt clerk) (Entered: 01/18/1996)

Jan. 18, 1996

Jan. 18, 1996

379

ORDER denying [368−1] motion for Protective Order ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (war) (Entered: 01/22/1996)

Jan. 22, 1996

Jan. 22, 1996

Pre−Trial Conference held before Judge Myron H. Thompson on 1/23/96 (war) (Entered: 01/24/1996)

Jan. 23, 1996

Jan. 23, 1996

380

PRETRIAL ORDER set Scheduling Order Deadlines: Non−jury trial set for 10:00 2/23/96 before Judge Myron H. Thompson ; ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to TW, MT. (war) (Entered: 01/24/1996)

Jan. 24, 1996

Jan. 24, 1996

381

ORDER granting [371−1] motion for James U. Blacksher to Withdraw as Attorney (Terminated attorney James U. Blacksher for Beverly K. Jones, attorney James U. Blacksher for Yolanda F. Lamar, attorney James U. Blacksher for Margaret T. Allen ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (war) (Entered: 01/24/1996)

Jan. 24, 1996

Jan. 24, 1996

Court's Order of l/l8/96 returned as to Larry Menefee marked "Not Deliverable as addressed"; remailed (war) (Entered: 01/26/1996)

Jan. 25, 1996

Jan. 25, 1996

382

Letter MOTION for Larry Menefee to Withdraw as Attorney referred to Judge Myron H. Thompson (war) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

383

RECORD OF EVIDENCE by Defendants, Alabama State Board of Education and State Superintendent of Education, and Plaintiffs Margaret T. Allen, Yolanda F. Lamar, and Beverly K. Jones, and Plaintiff−Intervenors Board of Trustees of Alabama State University and Eria P. Smith, and the class of Plaintiff, (Exhibits maintained in 3 seperate binders) referred to Judge Thompson. (war) (Entered: 02/02/1996)

Feb. 1, 1996

Feb. 1, 1996

384

MOTION by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender for Leave to File Additional Items in Record of Evidence Out of Time referred to Judge Myron H. Thompson (war) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

385

ORDER granting [384−1] motion for Leave to File Additional Items in Record of Evidence Out of Time ( signed by Judge Myron H. Thompson ) , copies mailed. (war) (Entered: 02/06/1996)

Feb. 6, 1996

Feb. 6, 1996

386

ORDER granting [382−1] motion for Larry Menefee to Withdraw as Attorney (Terminated attorney Larry T. Menefee for Beverly K. Jones ( signed by Judge Myron H. Thompson ) , copies mailed. (war) (Entered: 02/06/1996)

Feb. 6, 1996

Feb. 6, 1996

387

Plaintiffs and plaintiff−intervenors' Supplement to Record of Evidence (Exhibits E−P maintained in seperate binder), referred to Judge Thompson. (war) (Entered: 02/07/1996)

Feb. 6, 1996

Feb. 6, 1996

388

MOTION for Jim R. Ippolito, Jr. to Withdraw as Attorney referred to Judge Myron H. Thompson (war) (Entered: 02/08/1996)

Feb. 8, 1996

Feb. 8, 1996

389

ORDER granting [388−1] motion for Jim R. Ippolito, Jr. to Withdraw as Attorney (Terminated attorney Jimmie Robert Ippolito for Wayne Teague, attorney Jimmie Robert Ippolito for AL Board/Education ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (war) (Entered: 02/14/1996)

Feb. 14, 1996

Feb. 14, 1996

390

PRETRIAL BRIEF by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender (w/attachments), referred to Judge Thompson. (war) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

391

BRIEF by AL Board/Education, Eria P. Smith in support of [360−1] motion to Vacate Consent Decree referred to Judge Myron H. Thompson (war) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

Motion hearing held re: [344−1] motion for further relief by intervenor−plaints, plaintiff (war) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

392

Courtroom Deputy's MINUTES of proceedings: Non−Jury Trial held on 2/26/96 before Hon. Myron Thompson; Cause taken under submission (Witness List attached). (war) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

Court reporter's TRANSCRIPT filed for dates of 2/23/96; non−jury trial held before Judge Myron H. Thompson (maintained in separate binder); referred to Judge Thompson. (dkt clerk) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

393

MOTION by AL Board/Education, Wayne Teague to allow defendants to consider adoption of revised teacher certification and teacher education regulations ; referred to Judge Myron H. Thompson (dkt clerk) (Entered: 06/28/1996)

June 27, 1996

June 27, 1996

394

ORDER [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations by Wayne Teague, AL Board/Education set for submission on 7/22/96; set Brief and Evidentiary Materials deadline to 7/22/96 ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dkt clerk) (Entered: 07/02/1996)

July 2, 1996

July 2, 1996

395

RESPONSE by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender to [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations by Wayne Teague, AL Board/Education (with attachments); referred to Judge Myron H. Thompson (dkt clerk) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

395

RENEWED MOTION by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones, Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender for Preliminary Injunction (with attachments); referred to Judge Myron H. Thompson (dkt clerk) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

396

MOTION for Richard N. Meadows to Withdraw as Attorney referred to Judge Myron H. Thompson (dkt clerk) (Entered: 07/15/1996)

July 11, 1996

July 11, 1996

397

BRIEF by AL Board/Education, Wayne Teague in support of [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations; referred to Judge Myron H. Thompson (dmk) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

398

ORDER granting [396−1] motion for Richard N. Meadows to Withdraw as Attorney (Terminated attorney Richard N. Meadows for Wayne Teague, attorney Richard N. Meadows for AL Board/Education ( signed by Judge Myron H. Thompson ) , copies mailed to counsel; furnished to TW. (dmk) (Entered: 07/23/1996)

July 23, 1996

July 23, 1996

399

Dept. of Education's submission of decision in Association of Mexican American Educators v. California, 1996 WL 532274 (N.D. California). Referred to Judge Thompson. (dkt clerk) (Entered: 11/06/1996)

Nov. 4, 1996

Nov. 4, 1996

400

MEMORANDUM OPINION ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

401

ORDER, accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court: (1) that defendants' 8−28−95 [352−1] motion to Modify 10/25/85 consent decree is denied without prejudice; and (2) that defendants' 9−25−95 [360−1] motion to Vacate Consent Decree is denied without prejudice ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

402

ORDER motion hearing set for 8:00 a.m. on 9/26/97 before Judge Myron H. Thompson with regard to the following matters: (1) for defendants' 6−27−96 [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations; (2) plaintiffs' 7−10−96 [395−1] renewed motion for Preliminary Injunction; plaintiffs' 8−9−95 [344−1] motion for further relief ; with regard to this last motion, the court desires to discuss whether the motion is moot in light of the memorandum opinion and order entered this date ( signed by Judge Myron H. Thompson ). Copies mailed to counsel; furnished to MT &TW. (djy) (Entered: 09/08/1997)

Sept. 8, 1997

Sept. 8, 1997

403

ORDER directing the parties file written statements of their current positions by 9−23−97, with regard to defendants' motion to allow them to consider adoption of revised teacher certification, etc., filed 6−27−96; plaintiff's renewed motion for preliminary injunction, filed 7−10−96; and plaintiffs' motion for further relief, filed 8−9−95 ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

Attorney J. Callen Sparrow's copy of 9−11−97 order returned in mail with the following notation, "returned to sender−no longer at this address, live out of town". Notified AG's office. (djy) (Entered: 09/15/1997)

Sept. 15, 1997

Sept. 15, 1997

404

NOTICE of Attorney Appearance for AL Board/Education by Michael R. White. (djy) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

405

MOTION by AL Board/Education, Wayne Teague to Withdraw [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations by Wayne Teague, AL Board/Education referred to Judge Myron H. Thompson (djy) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

406

ORDER granting defendants' 9−16−97 [405−1] motion to Withdraw [393−1] motion to allow defendants to consider adoption of revised teacher certification and teacher education regulations by Wayne Teague, AL Board/Education; withdrawing [393−1] said motion filed 6−27−96 ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 09/18/1997)

Sept. 18, 1997

Sept. 18, 1997

Michael Rebell's copies of Memorandum opinion and judgment of 9−8−97 returned in mail with the following notation, "returned to sender−not deliverable as addressed unable to forward". (djy) (Entered: 09/19/1997)

Sept. 19, 1997

Sept. 19, 1997

407

POSITION STATEMENT/RESPONSE by Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender to court's 9−11−97 [403−1] order. Referred to Judge Myron H. Thompson (djy) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

408

POSITION STATEMENT/RESPONSE by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones to court's 9−11−97 [403−1] order. Referred to Judge Myron H. Thompson (djy) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

409

POSITION STATEMENT/RESPONSE by AL Board/Education, Wayne Teague to court's 9−11−97 [403−1] order. Referred to Judge Myron H. Thompson (djy) (Entered: 09/23/1997)

Sept. 23, 1997

Sept. 23, 1997

Motion hearing held re: [344−1] motion for further relief and [395−1] motion for Preliminary Injunction (djy) (Entered: 09/29/1997)

Sept. 26, 1997

Sept. 26, 1997

410

Courtroom Deputy's MINUTES of proceedings (djy) (Entered: 09/29/1997)

Sept. 26, 1997

Sept. 26, 1997

Attorney Rebell's copies of 9−11−97 &9−18−97 orders returned in mail with the following notation "returned to sender−not deliverable as addressed−unable to forward" (djy) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

411

ABRIDGED MOTION by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones for award of Attorney Fees and expenses referred to Judge Myron H. Thompson (djy) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

412

ABRIDGED MOTION by Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender for award of Attorney Fees and expenses referred to Judge Myron H. Thompson (djy) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

413

NOTICE OF APPEAL by AL Board/Education and the State Superintendent of Education of the State of Alabama, et al., Defendants to the U.S. Court of Appeals, Eleventh Circuit, from the judgment and order entered in this action on September 8, 1997. (Copies mailed to Michael R. White, Esq., with appeal information sheet &civil docketing statement; Donald V. Watkins, Esq., Kenneth L. Thomas, Esq., Gregory B. Stein, Esq., Solomon S. Seay, Esq., Terry G. Davis, Esq., Mitchell Reisner, Court Reporter; &certified copy to USCA with copies of orders appealed from and docket entries.) . FILING FEE $ 105.00 RECEIPT # 67545 (dkt clerk)

Oct. 7, 1997

Oct. 7, 1997

Received Appeal Information Sheet from Attorney Michael R. White, with notation, All necessary transcripts are already on file with district court. (dkt clerk) (Entered: 10/16/1997)

Oct. 14, 1997

Oct. 14, 1997

USCA Case Number Re: [413−1] appeal by AL Board/Education USCA NUMBER: 97−6808 (dkt clerk) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

Mailed copies of docket entries to all Counsel for designation of Record on Appeal with a return date of November 7, 1997. (dkt clerk) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

414

MOTION by (plaintiff−intervenors' Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender for Attorney Fees and expenses referred to Judge Myron H. Thompson (djy) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

415

MEMORANDUM (Attachments A thru D attached) by Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender in support of [414−1] motion for Attorney Fees and expenses by Dolly M. Lavender, Judy P. Lockhart, Eria P. Smith, Board Trustees/ASU referred to Judge Myron H. Thompson (djy) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

416

MEMORANDUM by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones in support of [411−1] motion for award of Attorney Fees and expenses by Beverly K. Jones, Yolanda F. Lamar, Margaret T. Allen (Exhibits A thru C attached). Referred to Judge Myron H. Thompson (djy) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

417

ORDER, for the reasons set out in order, denying plaintiffs; [395−1] renewed motion for Preliminary Injunction filed 7−10−96 and denying plaintiffs' 8−9−95 [344−1] motion for further relief ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

418

ORDER (1) directing that the [411−1], [412−1] and [414−1] motion for Attorney Fees and expenses by plaintiffs and plaintiff−intervenors be set for submission on 12/8/97, without oral argument; (2) setting Brief deadline for plaintiffs and plaintiff−intervenors to 11/14/97 , as further set out in order; (3) setting brief deadline for 11/30/97 for defendants , as further set out in order; (4) setting reply brief deadline for 12/8/97 for plaintiffs and plaintiff−intervenors ; directing that if any of the parties wants mediation before a magistrate judge, the party should notify the court; setting Mediation Notice deadline to 12/8/97 ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

Case closed (djy) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

419

MOTION by Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender to Amend [414−1] motion for Attorney Fees and expenses by Dolly M. Lavender, Judy P. Lockhart, Eria P. Smith, Board Trustees/ASU (substitute page 2 &Exhibit C attached) referred to Judge Myron H. Thompson (djy) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

420

MOTION/REQUEST by Board Trustees/ASU, Eria P. Smith, Judy P. Lockhart, Dolly M. Lavender for MEDIATION of the attorneys' fees issues referred to Judge Myron H. Thompson (djy) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

421

DESIGNATION of record on appeal by Plaintiff−Intervenors received from Attorney Gregory B. Stein, of STEIN and BREWSTER. [97−6808] (dkt clerk) (Entered: 11/07/1997)

Nov. 6, 1997

Nov. 6, 1997

422

DESIGNATION of record on appeal by Plaintiffs received from Attorney Mark Englehart, of THOMAS, MEANS &GILLIS, P.C. [97−6808] (dkt clerk) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

423

DESIGNATION of record on appeal by Alabama State BOE, and Dr. Ed Richardson, State Superintendent of Education received from Attorney Michael R. White, General Counsel. [97−6808] (dkt clerk) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

424

MOTION by Margaret T. Allen, Yolanda F. Lamar, Beverly K. Jones to Stay scheduling order deadlines referred to Judge Myron H. Thompson (djy) (Entered: 11/18/1997)

Nov. 7, 1997

Nov. 7, 1997

425

MOTION by AL Board/Education, Fob James for J. Callen Sparrow to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

426

MOTION by AL Board/Education, Wayne Teague for Ashley H. Hamlett to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

427

NOTICE of Attorney Appearance for AL Board/Education, Wayne Teague by Larry E. Craven (djy) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

Request for Certificate of Readiness from USCA, 11th Circuit, Re: [413−1] appeal by AL Board/Education (dkt clerk) (Entered: 12/04/1997)

Nov. 14, 1997

Nov. 14, 1997

428

ORDER granting [419−1] motion to Amend [414−1] motion for Attorney Fees and expenses by Dolly M. Lavender, Judy P. Lockhart, Eria P. Smith, Board Trustees/ASU; granting [425−1] motion for J. Callen Sparrow to Withdraw as Attorney (Terminated attorney J. Callen Sparrow for Fob James, and AL Board/Education; granting [426−1] motion for Ashley H. Hamlett to Withdraw as Attorney (Terminated attorney Ashley H. Hamlett for Wayne Teague, AL Board/Education ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

429

ORDER granting [420−1] request for MEDIATION of the attorneys' fees issues granting [424−1] motion to Stay scheduling order deadlines to the extent that all the deadlines in the scheduling order entered on 10−30−97 are extended by 30 days; extending [411−1] motion for award of Attorney Fees and expenses [412−1] motion for award of Attorney Fees and expenses and [414−1] motion for Attorney Fees and expenses be reset for submission on 1/8/98; extending Brief deadline to 12/14/97 for plaintiffs and plaintiff−intervenors' ; extending Brief deadline to 12/30/97 for defendants' ; extending reply brief deadline for 1/8/98 for plaintiffs and plaintiff−intervenors ; extending Mediation Notice to 1/8/98 ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) Modified on 11/18/1997 (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

Deadline updated; [411−1] motion for award of Attorney Fees and expenses, [412−1] motion for award of Attorney Fees and expenses and [414−1] motion for Attorney Fees and expenses be reset for submission on 1/8/98 per order of 11−18−97. (djy) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

Last volume #14 referred to Mag. Judge Carroll, per request. (djy) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

430

ORDER setting Status Conference 2:00 p.m. on 12/2/97 before Mag. Judge John L. Carroll , in Room 312, FMJFB &USC, Montgomery, Al ( signed by Mag. Judge John L. Carroll ). Copies mailed to counsel. (djy) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

431

MOTION by AL Board/Education, Wayne Teague for Denise B. Azar to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

432

ORDER granting [431−1] motion for Denise B. Azar to Withdraw as Attorney (Terminated attorney Denise Boone Azar for Wayne Teague, attorney Denise Boone Azar for AL Board/Education ( signed by Judge Myron H. Thompson), copies mailed to counsel. (ajr) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

Last volume referred to Mag. Judge Carroll. (djy) (Entered: 12/02/1997)

Dec. 2, 1997

Dec. 2, 1997

Status Conference held before Mag. Judge John L. Carroll (djy) (Entered: 12/04/1997)

Dec. 2, 1997

Dec. 2, 1997

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Dec. 15, 1981

Closing Date: Jan. 27, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African Americans who had been or will be denied any level of teaching certificate because of their failure to pass the test administered by the Alabama Initial Teacher Certification Testing Program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama State Board of Education, State

Case Details

Causes of Action:

42 U.S.C. § 1981

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,052,599

Order Duration: 2000 - 2010

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Monitoring

Other requirements regarding hiring, promotion, retention

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Promotion

Testing

Training

Discrimination-basis:

Race discrimination

Race:

Black