Case: In re. Birmingham Reverse Discrimination Employment Litigation (Martin v. Wilks)

Birmingham Reverse v. Jeff City Personnel

In re Birmingham Reverse Discrimination Employment Litigation

U.S. Court of Appeals for the Eleventh Circuit

Martin v. Wilks

Supreme Court of the United States

Martin v. Wilks

Supreme Court of the United States

Bennett v. Arrington

In re Birmingham Reverse Discrimination Employment Litigation

U.S. Court of Appeals for the Eleventh Circuit

CERTIFICATE of readiness issued cm (TLM) (Entered: 11/20/1992)

CERTIFIED copy of Appellate Court order: this action is Affirmed in part, Reversed in part, and Remanded in part filed (TLM) (Entered: 05/22/1995)

ORDER that after conference on 9/18/96, pla class member Reginald E Anderson's and pla class representative Carl V Cook's motion for order permitting them to sit for supplemental fire battalion chief examination is denied for reasons set out filed (by Chief Judge Sam C. Pointer Jr) cm (Former Employee) (Entered: 09/25/1996)

ORDER that pla Hatton's motion for order directing Personnel Board to place him on register and certify him as eligible for position of Fire Battalion Chief is granted; this order is only for purposes of putting Mr Hatton's name on register from which candidates may be selected; order does not guarantee nor secure selection; order is not to be construed as finding of any illegal past discrimination against Hatton and does not address any of merits of pending lawsuit filed (by Chief Judge Sam C. Pointer Jr) cm (Former Employee) (Entered: 09/25/1996)

DOCKET modification (utility event) finding the motion for attorney fees [7 − 1] moot (TLM) (Entered: 10/20/1997)

ORDER setting scheduling conference for 1/7/97 in chambers filed ( by Chief Judge Sam C. Pointer Jr ) cm (SNH) (Entered: 01/15/1998)

MOTION by pla, Sanford D. Hatton, to amend complaint as set out within this motion filed cs (SNH) (Entered: 01/15/1998)

ORDER denying motion of Sanford Hatton to amend complaint [0 − 1] w/o prejudice filed ( by Chief Judge Sam C. Pointer Jr ) cm (SNH) (Entered: 01/15/1998)

NOTICE of appearance for In re Bham Reverse Discrim by James P Alexander, Matthew Kaplan, Barbara E Thawley filed (TLM) (Entered: 03/25/1997)

MOTION by movants Arvel Crumpton, Elmer Hill, David Lawrence, Neil Loggins, James Robinette, Johnny Santoro, William Thomas, Thomas S. Brown, and Charles Hill to intervene and complaints in intervention filed cs (CJV) (Entered: 05/20/1997)

MOTION by pla Kenneth O Ware to enforce settlement of backpay claim of pla Kenneth Ware filed cs (Former Employee) (Entered: 06/09/1997)

MOTION by Wilks plas to enforce settlement agreement on attorneys fees filed cs (Former Employee) (Entered: 06/09/1997)

ORDER ; hearing to be held on 9:00 7/30/97 on motion to intervene by Crumpton Elmer, Hill , Lawrence Loggins Robinette, Santoro, Thomas Brown, Charles Hll will be held 7/30/97 at 9:00 a.m. − filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 01/14/1998)

MOTION by plaintiff Wilks Class to amend discovery schedule filed cs (TLM) (Entered: 06/26/1997)

MOTION by Garner &dfts City of Bham and Richard Arrington to amend discovery schedule filed cs (TLM) (Entered: 07/02/1997)

STIPULATION of parties to dismiss claims of Kenneth O Ware filed cs (TLM) (Entered: 07/02/1997)

11 − ORDER granting motion to amend [11 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/22/1997)

8 − ORDER denying motion to intervene [8 − 1] as untimely ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

9 − ORDER finding the motion to enforce settlement of backpay claim of pla Kenneth Ware [9 − 1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

10 − ORDER finding the motion to enforce settlement agreement on attorneys fees [10 − 1] moot ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 07/31/1997)

12 − ORDER granting motion to amend discovery schedule [12 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 08/01/1997)

ORDER granting stipulation [13 − 1] to dismiss claims of Kenneth Ware against City of Bham and Richard Arrington filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 07/31/1997)

DOCKET modification (utility event) terminating party Kenneth O Ware (TLM) (Entered: 07/31/1997)

ORDER due to a clerical error the scheduling order entered on 2/10/97 was entered in 75 − P − 666; the order should have been entereded in this action; the order in 75 − P − 666 − S is Vacated and Transferred to 84 − P − 903 − S; purusant to the joint motion to amend the scheduling order which was entered on 2/10/97 the previous order is amended to the following exent &in reference to the sTreet and Saniatation ; 12/1/97 parties to complete discover; 1/1/98 parties are to be trial ready filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 08/01/1997)

MOTION by proposed intervenors, Crumpton, Hill, Lawrence, Loggins, Robinette, Santoro, Thomas, Brown, Hill for rehearing filed cs (TLM) (Entered: 08/11/1997)

ORDER denying motion for rehearing [21 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 08/19/1997)

STIPULATION of parties of dismissal of the claims of plas William Sorrell filed cs (TLM) (Entered: 08/27/1997)

ORDER granting stipulation dismissing William Sorrells claims are dismissed w/prejudice [23 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 09/05/1997)

ANSWER of dfts City of Birmingham and Mayor Richard Arrington, Jr to amended and restated complaint in intervention of Douglas McBee et al, filed cs (Former Employee) (Entered: 09/10/1997)

ANSWER of dfts City of Birmingham and Mayor Richard Arrington Jr to complaints in intervention of Michael T Daniel, Randy C Drinkard, and Johnny Puccio filed cs (Former Employee) (Entered: 09/10/1997)

NOTICE of appeal by movant Arvel Crumpton, movant Elmer B Hill, movant David E Lawrence, movant Neil Loggins, movant James Robinette, movant Johnny Santoro, movant William Thomas, movant Thomas S Brown Jr, movant Charles Hill from District Court decision, [0 − 0] ; notice of appeal, order appealed from and court copy of docket entries w/transmittal letter mailed cm (TLM) (Entered: 09/16/1997)

NOTIFICATION by Circuit Court of Appellate docket number 97 − 6764 (TLM) (Entered: 10/02/1997)

DESIGINATION bo A ppellant intervenors of record on appeal filed cs (TLM) (Entered: 12/29/1997)

CERTIFICATE of readiness issued cm (Former Employee) (Entered: 01/15/1998)

MOTION by the appellant to supplement [29 − 1] the record filed cs (TLM) (Entered: 02/17/1998)

MOTION by Terry McElheny to withdraw as attorney for Mel Bailey filed cs (TLM) (Entered: 02/18/1998)

NOTICE of appearance by Mark T. Waggoner &Jeffrey D. Dyess for Sheriff Mel Bailey filed cs (TLM) (Entered: 02/20/1998)

− ORDER granting motion to withdraw Terry Mc Elhenyas attorney [30 − 1] by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 02/20/1998)

DOCKET modification (utility event) withdrawing attorney attorney Terry McElheny for Bham Reverse (TLM) (Entered: 02/20/1998)

− ORDER granting motion to supplement [29 − 1] [29 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 03/03/1998)

CERTIFICATE of readiness (1st supplemental) issued cm (Former Employee) (Entered: 03/03/1998)

MOTION by appellees City of Birmingham and Richard Arrington Jr to supplement record on appeal with exhs att filed cs (Former Employee) (Entered: 04/09/1998)

STIPULATION of parties plas, Day, Henson, Millsap and Pope; dfts City o Bham and Richard Arrington, Jr to dismiss filed cs (TLM) (Entered: 04/17/1998)

− ORDER granting motion to supplement record on appeal [34 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 04/22/1998)

STIPULATION of of pla Ronnie Chambers and dfts City of Bham &Richard Arrington to dimsiss claims of pla filed cs (TLM) (Entered: 05/04/1998)

CERTIFICATE of readiness (2nd supplemental) issued cm (Former Employee) (Entered: 05/06/1998)

ORDER granting stipulation the claims of pla Ronnie Chambers are hereby dismissed w/prejudice ech pty to bear its own costs [38 − 1] filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 05/11/1998)

CERTIFIED record on appeal with certified copy of docket entries and transmittal mailed USCA cm (Former Employee) (Entered: 07/14/1998)

STIPULATION of parties for dismissal of claims for Mr Paynes filed cs (TLM) (Entered: 08/25/1998)

ORDER granting stipulation [40 − 1] all claims by Carlice Payne against the dfts in this consolidated action are dismissed w/prejudice with each pty to bear its own costs terminating filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 09/02/1998)

CERTIFIED copy of Appellate Court order: affirming the decision of the District Court issued as mandate 11/4/98 [27 − 1] filed (TLM) (Entered: 11/27/1998)

STIPULATION of parties Floyd Click and dft City of Bham and Richard Arrington, Jr to claims of pla Floyd Click filed (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

STIPULATION of pla John Garvich andf ts City of Bham and Richard Arrington to dismiss cliams of pla James Garvich filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

STIPULATION of parties pla Lane Denard and dfts , City of Bham and Richard Arrington, Jr to dismiss cliams of Lane Denard filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

STIPULATION of parties pla James D Morgan and dfts City of Bham and Richard Arrington, Jr to dismiss claims of James D. Morgan filed cs (TLM) (Entered: 01/05/1999)

STIPULATION of parties pla Vincnet J. Vella and dfts City of Bham and Richard Arrington, Jr to dismiss claims of Vincent Vella filed cs (TLM) Modified on 01/07/1999 (Entered: 01/05/1999)

ORDER granting stipulation [47 − 1], [46 − 1], [45 − 1], [44 − 1], [43 − 1] the claims of the following plas; Floyd Click, John Garvich, Lane Denard, James D. Morgan, Vincnet J. Vella against dft Richard Arrington Jr and the City of Bham are dismissed w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) Modified on 01/07/1999 (Entered: 01/07/1999)

ORDER all pending motions in the styled causes are deemed moot and w/o prejudice to representation in appropriate as indicated in this order; each of the actions is severed from any other cases with which it may have been previously consolidated; each of the action is administratively closed w/o prejudice and w/ o taxation of costs; nay relief granted or injunctions previouslyl entered and still effective in thse action remain in effect as the judgment of this court and the court retains jurisdiction to consider and act upon any pending or subsequently filed motions or other request for enforcemnt of or relief from or modifcation of such orders or injunction this order does not vacate any previously lentered or der in any of these action or in 84 − 903 determing that claims or defenses should be maintained on behalf of a class of plas dft o intervenors; nay unresolved previously pending claims for individual relief in these caes based on claims of reverse discrimination may be preserved by filing within 60 days an appropriate claim as an intervenor in 84 − 903; recoginizing the possiblity taht the administrative closing of these action might unintenionally adversely affect of the r ights of some pla or class memeber the court reserves the power on motion filed within 60 days to set aside and vacatein whole or in part the closing of these cases w/o any requirement to show good cause ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 01/18/1999)

MOTION by intervenor − plaintiff William L Garner etal to intervene filed cs (TLM) (Entered: 01/29/1999)

STIPULATION of parties for dismissal of claims of Gene Northington filed cs (TLM) (Entered: 03/02/1999)

ORDER granting stipulation [51 − 1]; the claims of pla Gene Northington against the City of Birmingham and Richard Arrington, Jr are dismissed with prejudice; each party to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (KAM) (Entered: 03/04/1999)

MOTION by plaintiff Wilks Class for attorney fees filed cs (TLM) (Entered: 03/05/1999)

53 − ORDER granting motion for attorney fees [53 − 1] to the extent that C ity of Bham is directed to pay no − deposited fees/costs of Wilks class attys or same time table as paying fees/costs of own counsel ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 03/11/1999)

ORDER granting motion to intervene [50 − 1] William L Garner, Barry Dale Bartlett, John E Courington, Michael C Thomas, David Hamilton, Rex Keeling, James Pharris, Stanley Rodgers, Kenneth Wayne Smith, William Sulser, Donald Vaughn, Ronald Vaughn, Randy. Woods filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/11/1999)

STIPULATION of parties for the dismissal of the claims of Robert K. Wilks filed cs (TLM) (Entered: 03/22/1999)

STIPULATION of parties of for dismissal of the claims of pla Charles Carlin filed cs (TLM) (Entered: 03/22/1999)

ORDER granting stipulation [57 − 1] dismissing claims against dfts Richard Arrington, &City of Bham dismissed w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/24/1999)

ORDER granting stipulation [56 − 1] dismissing claims by Wilks against dfts, Richard Arrington &City of Bham, w/prejudice each pty to bear its own costs filed ( by Chief Judge Sam C. Pointer Jr ) cm (TLM) (Entered: 03/24/1999)

MOTION by defendant Jeff Cty Personnel to withdraw attorney LaVeeda Morgan Battle filed cs (TLM) (Entered: 03/30/1999)

NOTICE of appearance for defendant Jeff Cty Personnel by filed cs (TLM) (Entered: 03/26/1999)

61 − ORDER granting motion to withdraw attorney LaVeeda Morgan Battle [61 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (BST) (Entered: 04/01/1999)

UTILITY event: terminates attorney LaVeeda Morgan Battle for Bham Reverse (BST) (Entered: 04/01/1999)

MOTION by plas' Peter J V Zannis to compel documents from City of Bham filed cs (TLM) (Entered: 05/05/1999)

63 − ORDER granting motion to compel w/o taxation of costs or sanctions [63 − 1] ( by Chief Judge Sam C. Pointer Jr ) entered cm (TLM) (Entered: 06/02/1999)

STIPULATION of parties of Swindall &Wesson &dft City of Bham &Richard Arrington to dismiss claims of Swindall &Wesson filed cs (TLM) (Entered: 06/17/1999)

ORDER that the Court has determined that all claims are ripe for disposition, and DIRECTS both parties to advise the Court by no later than 12/7/99, whether the matter could be resolved pursuant to a mediation filed ( by Magistrate − Judge T M. Putnam ) cm (DWC) (Entered: 11/19/1999)

MOTION by remaining (22) pla(s) for mediation filed cs (DWC) (Entered: 12/06/1999)

68 − ORDER granting motion for mediation [68 − 1] to the extent that Judge T Michael Putnam is designated to conduct mediation the times to be set by Judge Putnam ( by Senior Judge Sam C. Pointer Jr ) entered cm (DWC) (Entered: 12/08/1999)

NOTICE of reassignment Case reassigned to Judge C L. Smith Jr cm (DWC) (Entered: 04/04/2000)

REMARK envelope addressed to James Turner w/ notice of reassignment letter returned w/ notation "return to sender" (SHB) (Entered: 05/05/2000)

NOTICE of appearance for intervenor − plaintiff by Marion F Walker filed cs (SHB) (Entered: 05/19/2000)

NOTICE of withdrawal of counsel James K Baker filed by appellee Birmingham, City of, appellee Richard Arrington Jr cs (SHB) (Entered: 05/19/2000)

ORDER Status hearing to be held at 9:00am in chambers of the undersigned on 5/31/00 at which the attys for all parties shall schedule mediation and discuss other preliminary matters of the claims of the remaining 22 plas filed ( by Magistrate − Judge T M. Putnam ) cm (SHB) (Entered: 05/22/2000)

REMARK envelope addressed to James S Angus w/ doc# 70 returned w/ notation "return to sender attempted not known" (SHB) (Entered: 05/30/2000)

REMARK envelope addressed to James Angus w/ doc# 73 returned w/ notation" returned to sender attempted not known" (SHB) (Entered: 06/06/2000)

ORDER setting deadlines for completion of settlement as follows: by not later than 9/8/00, the City of Birmingham shall issue appropriate settlement checks to the 7 pla's who have signed and returned settlement agreements to the City; by not later than 9/18/00, the City will deliver to counsel for the pla complete and final settlement agreements w/respect to the remaining 15 pla's as set out in this order; by not later than 7 days after plas return signed and executed settlement agreements to counsel for the dfts, the City of Birmingham shall issue such appropriate checks as reflected and required in the settlement agreement for each of the respective plas; it is the expectation of the Court that all of these claims will be fully settled, settlement compensation paid, and appropriate pension adjustments made by not later than 9/30/00 filed ( by Magistrate − Judge T M. Putnam ) cm (Former Employee) (Entered: 09/07/2000)

JOINT STIPULATION of parties of dismissal of claims of plas Armstrong, Colvin, Daniel Hatton, Puccio, Shores and Zannis w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

JOINT STIPULATION of parties of dismissal of claims of plas Benson, Freeman, Owens, Perkins and Wilson w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

JOINT STIPULATION of parties of dismissal of claims of plas Drinkard, Early, Hicks, Jackson, McAdams, McBee, Stapp and Stevens w/ prej and each party to bear its own costs filed cs (SHB) (Entered: 10/12/2000)

ORDER DISMISSING FEWER THAN ALL CLAIM granting stipulation [77 − 1], granting stipulation [76 − 1], granting stipulation [75 − 1] claims of the plas set out in order against dfts Richard Arrington Jr and the City of Birmingham are DISMISSED w/ prej and each party to bear its own costs filed ( by Judge C L.

ORDER DISMISSING FEWER THAN ALL DFTS on joint stipulation of dismissal of the claims of pla Hoyt Barnett that claims of pla Barnett against dfts Richard Arrington and the City of Birmingham are DISMISSED w/ prej and each party to bear its own costs filed ( by Judge C L. Smith Jr ) cm (SHB) (Entered: 02/28/2001)

MOTION by appellee Birmingham, City of to withdraw attorney Marion F Walker filed cs (DWC) (Entered: 03/30/2001)

81 − ORDER granting motion to withdraw attorney Marion F Walker [81 − 1] ( by Judge C L. Smith Jr ) entered cm (SHB) (Entered: 04/02/2001)

UTILITY event: terminates attorney Marion F Walker for Randy Woods, attorney Marion F Walker for Ronald Vaughn, attorney Marion F Walker for Donald Vaughn, attorney Marion F Walker for William Sulser, attorney Marion F Walker for Kenneth Wayne Smith, attorney Marion F Walker for Stanley Rodgers, attorney Marion F Walker for James Pharris, attorney Marion F Walker for Rex Keeling pursuant to doc# 82 (SHB) (Entered: 04/02/2001)

UTILITY event: terminates attorney Marion F Walker for David Hamilton, attorney Marion F Walker for Michael C Thomas, attorney Marion F Walker for John E Courington, attorney Marion F Walker for Barry Dale Bartlett, Marion F Walker for William L Garner, attorney Marion F Walker for William L Garner pursuant to doc# 82 (SHB) (Entered: 04/02/2001)

MOTION by plaintiff to continue mediation filed cs (SHB) (Entered: 04/09/2001)

83 − ORDER granting motion to continue mediation [83 − 1] to be reset by separate order ( by Magistrate − Judge T M. Putnam ) entered cm (SHB) (Entered: 04/16/2001)

CLAIM (Attorney Lien) by atty Marion F Walker for fees &costs w/ attachment filed cs (DWC) (Entered: 06/04/2001)

ORDER settlement conference scheduled 7/11/01 at 9:00am in chambers in Birmingham filed ( by Magistrate − Judge T M. Putnam ) cm (SHB) (Entered: 06/07/2001)

MOTION by plaintiff to compel dft City of Birmingham to provide certain calculations w/ respect to retirement benefits of remaining plas filed cs (SHB) (Entered: 06/11/2001)