Case: Franklin v. Barbour County Board of Education

Franklin v. Barbour Board of Education

Franklin v. Barbour Board of Education

SKELETON CASE − LIVE DOCKET ENTRIES BEGIN AS OF 8/30/95. (dkt clerk) (Entered: 08/30/1995)

MOTION by Barbour Board of Ed. for status conference (w/attachments), referred to Judge W. H. Albritton III (dkt clerk) (Entered: 08/30/1995)

ORDER terminating [125−1] motion for status conference, set Status Conference 3:00 9/8/95 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL and MT. (dkt clerk) (Entered: 08/30/1995)

ORDER, that by 9/25/95, the plaintiffs and the USA shall serve upon the defendants a request for information; that by 12/4/95, the defendants shall file responses to these requests; set Preliminary In Chambers Mediation Conference for 2:00 2/1/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to MT and CA. (dkt clerk) (Entered: 09/12/1995)

ORDER enjoining the Barbour County Board of Education to maintain for the 1995−96 school year only the Board's present policies governing which school each of the Board's students may attend, ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (dkt clerk) (Entered: 09/22/1995)

ORDER, reset In Chambers (Mediation) Conference for 9:00 3/29/96 that by 3/26/96 each party shall provide the undersigned judge with a confidential mediation conference statement ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to Ace, MT. (war) (Entered: 01/31/1996)

ORDER, reset Settlement (Preliminary Mediation) Conference for 9:00 4/23/96 ; that each party shall provide the undersigned judge with a confidential mediation conference statement by 4/l9/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 03/13/1996)

Settlement Conference held before Mag. Judge Charles S. Coody on 4/23/96 (war) (Entered: 04/24/1996)

ORDER that the defendant shall provide to the court and opposing counsel a draft of a suggested interim plan as discussed during the mediation conference held on 4/23/96 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 04/24/1996)

MOTION by Barbour Board of Ed. to renew mediation referred to Mag. Judge Charles S. Coody (dkt clerk) (Entered: 07/05/1996)

ORDER, set (Mediation) Settlement Conference for 9:00 12/19/96 in chambers; that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference; that members of the Barbour County Board of Education personally appear for the mediation conference ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 11/21/1996)

ORDER, reset Settlement (Mediation) Conference for 9:30 1/23/97 in chambers; that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference; that members of the Barbour County Board of Education to personally appear for the mediation conference ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 12/05/1996)

ORDER that by 2/l3/97, the defendants shall submit to counsel for the opposing parties a proposed final consent decree; that by 3/6/97, the opposing parties shall file a response which sets forth in detail their agreement with or opposition to provisions of the proposed final consent decree , set Telephone Conference for 1:45 3/7/97 ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, MT. (war) (Entered: 01/24/1997)

Plaintiffs' Response to Proposed Consent Decree, referred to Magistrate Judge Coody. (war) (Entered: 03/07/1997)

ORDER denying as moot [133−1] motion to renew mediation unless within ten days from the date of this order the movant requests the court to reconsider ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 06/17/1997)

NOTICE of Filing Proposed Consent Decree by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr., Barbour Board of Ed., Thomas M. Snead, Alfred A. Grant, Edward T. Griffin, Alto Laftin Jackson, George Shipman, William A. Edson, USA, referred to Judge Albritton (war) (Entered: 07/29/1997)

MOTION by Barbour Board of Ed. to substitute version of proposed consent decree (w/attachment) referred to Mag. Judge Charles S. Coody (war) (Entered: 08/29/1997)

Stamped ORDER granting [140−1] motion to substitute version of proposed consent decree ( by Mag. Judge Charles S. Coody ) , copies mailed to counsel. (war) (Entered: 08/29/1997)

CONSENT DECREE that furthers the orderly desegration of the District and brings about the creation of a completely unitary school system and to end judicial supervision of the District ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 09/08/1997)

Case closed (war) (Entered: 09/08/1997)

MOTION by Barbour Board of Ed. to continue Reporting Deadline by Sixteen Days referred to Judge W. H. Albritton III (war) (Entered: 10/16/1997)

MOTION by Barbour Board of Ed. to continue deadline for attendance zones referred to Judge W. H. Albritton III (war) (Entered: 10/16/1997)

Stamped ORDER granting [142−1] motion to continue Reporting Deadline by Sixteen Days ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/16/1997)

Stamped ORDER granting [143−1] motion to continue deadline for attendance zones ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/16/1997)

MOTION by Barbour Board of Ed. to Extend Time 2 weeks for filing its annual report referred to Judge W. H. Albritton III (war) (Entered: 10/31/1997)

Stamped ORDER granting [144−1] motion to Extend Time 2 weeks for filing its annual report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/31/1997)

First Annual REPORT by Barbour Board of Ed. (Charts A(l−3), B (l−8), E (l−2), F (l−7), G , H, I, J, K(l−l2), L, N(l−7), O, and Q maintained in seperate binder), referred to Judge Albritton. (war) (Entered: 11/14/1997)

MOTION by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to Extend Time referred to Judge W. H. Albritton III (war) (Entered: 01/23/1998)

Stamped ORDER granting [146−1] motion to Extend Time 30 days to respond to Defendants' First Annual Report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 01/23/1998)

NOTICE of Attorney Appearance for Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. by Fred David Gray Jr. (war) (Entered: 08/07/1998)

NOTICE of Attorney Appearance for Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. by Fred D. Gray and Ernestine S. Sapp (djy) (Entered: 08/11/1998)

MOTION for Solomon S. Seay, Jr. to Withdraw as Attorney referred to Judge W. H. Albritton III (war) (Entered: 08/17/1998)

Stamped ORDER granting [150−1] motion for Solomon S. Seay, Jr. to Withdraw as Attorney (Terminated attorney Solomon S. Seay for Carlton Crawford, attorney Solomon S. Seay for Michael O'Neal Franklin, attorney Solomon S. Seay for Cynthia Marie Franklin, attorney Solomon S. Seay for Benjamin D. Franklin ( by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to USA. (war) (Entered: 08/17/1998)

MOTION by Barbour Board of Ed. to continue Filing of Annual Report referred to Judge W. H. Albritton III (war) (Entered: 10/29/1998)

Stamped ORDER granting [151−1] motion to continue Filing of Annual Report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 10/29/1998)

STATUS (SECOND ANNUAL) REPORT by Barbour Board of Ed. (Report maintained in seperate binder), referred to Judge Albritton. (war) (Entered: 12/28/1998)

ORDER, setting Status Conference 11:00 3/3/00 before Judge Charles S. Coody ; DIRECTING counsel for the school board to bring to the conference the members of the school board and superintendent ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 02/09/2000)

MOTION by Barbour Board of Ed. to continue Status Conference referred to Mag. Judge Charles S. Coody (war) (Entered: 03/06/2000)

THIRD ANNUAL STATUS REPORT by Barbour Board of Ed. (Exhibits A−Q attached), referred to Judge Albritton (war) Modified on 03/06/2000 (Entered: 03/06/2000)

ORDER granting [154−1] motion to continue Status Conference, resetting Status Conference 10:00 4/21/00 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 03/06/2000)

ORDER, resetting Status Conference by telephone for 9:00 4/20/00 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC. (war) (Entered: 04/03/2000)

ORDER setting Status Conference by telephone 1:30 5/30/00 before Mag. Judge Charles S. Coody ; that by 5/22/00, counsel for the defendant shall inform the court whether the defendant has or will make a response to the request for information ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC . (war) (Entered: 04/20/2000)

ORDER resetting Status Conference for 11:00 5/30/00 before Mag. Judge Charles S. Coody ; that the members of the Barbour County Board of Education and the Barbour County Superintendent of Education shall appear in person for this conference; DIRECTING the Clerk to fax order ( signed by Mag. Judge Charles S. Coody ) , copies mailed to counsel; furnished to CA, YG, HC. (war) (Entered: 05/22/2000)

Status Conference held before Mag. Judge Charles S. Coody on 5/30/00 (war) (Entered: 05/31/2000)

MOTION by Barbour Board of Ed. to Substitute the third annual report (Report maintained in separate binder), referred to Judge W. H. Albritton III (war) (Entered: 06/16/2000)

Stamped ORDER granting [161−1] motion to Substitute the third annual report ( by Judge W. H. Albritton III ) , copies mailed to counsel. (war) (Entered: 06/19/2000)

MOTION to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville referred to Judge W. H. Albritton III (war) (Entered: 08/04/2000)

MOTION by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville to Show Cause Why Defendants, Barbour County Board of Education Should not be Held in Contempt , and to Require the Board of Education Not Close Louisville High School Until it has Properly Modified its Consent Order , referred to Judge W. H. Albritton III (war) (Entered: 08/04/2000)

ORDER motion hearing set for 2:00 8/10/00 before Judge W. H. Albritton III for [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville ( signed by Judge W. H. Albritton III ) , copies mailed to counsel; furnished to EL, YG, HC. (war) (Entered: 08/04/2000)

NOTICE of CONSOLIDATION of FACILITIES and CONDITIONAL MOTION by Barbour Board of Ed. for Approval of Collateral Effect on Attendance Zones referred to Judge W. H. Albritton III (war) (Entered: 08/07/2000)

MOTION by Barbour Board of Ed. to continue time for hearing one hour referred to Judge W. H. Albritton III (war) (Entered: 08/07/2000)

ORDER granting [166−1] motion to continue time for hearing one hour motion hearing reset for 3:00 8/10/00 before Judge W. H. Albritton III for [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville ( signed by Judge W. H. Albritton III ) , scan/faxed to counsel; furnished to YG, HC, EL. (war) (Entered: 08/07/2000)

AMENDMENT to MOTION to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville referring to: [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville, referred to Judge W. H. Albritton III (war) (Entered: 08/09/2000)

RESPONSE by USA to [165−1] motion for Approval of Collateral Effect on Attendance Zones by Barbour Board of Ed., referred to Judge W. H. Albritton III (war) (Entered: 08/09/2000)

RESPONSE by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [165−1] motion for Approval of Collateral Effect on Attendance Zones by Barbour Board of Ed., referred to Judge W. H. Albritton III (war) (Entered: 08/10/2000)

RESPONSE by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville, referred to Judge W. H. Albritton III (war) (Entered: 08/10/2000)

MOTION by Barbour Board of Ed. to Deny Intervention (Exhibits A−B attached), referred to Judge W. H. Albritton III (war) (Entered: 08/11/2000)

MOTION by Barbour Board of Ed. to Substitute Affidavit (Original Affidavit of Jerry Glover attached), referred to Judge W. H. Albritton III (war) (Entered: 08/11/2000)

Motion hearing held re: [162−1] motion to Intervene by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville (war) (Entered: 08/14/2000)

ORDER that the parties file briefs and any evidence they may wish to file by 8/3l/00, outlining their positions with regard to the Defendant's Motion for Approval of Collateral Effect on Attendance Zones setting Brief deadline to 8/31/00 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (war) (Entered: 08/14/2000)

Courtroom Deputy's MINUTES of proceedings: Motion Hearing held on Motion to Intervene 8/l4/00 before Judge W. Harold Albritton (war) (Entered: 08/14/2000)

AMICUS CURIAE BRIEF by Sherry Lane Carpenter, Evell Robinson, Ida B. Herring, Kevin Christopher, Town of Louisville in opposition to the proposed closure of Louisville High School. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

BRIEF by USA in response to [175−2] order dated 8−14−2000. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

MEMORANDUM BRIEF by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. in response to [175−2] order entered 8−14−00. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

BRIEF by Barbour Board of Ed. on consolidation of high school facilities and attendance zones in response to [175−2] order entered 8−14−00. Referred to Judge W. H. Albritton III (djy) (Entered: 09/01/2000)

MEMORANDUM OPINION AND ORDER granting [173−1] motion to Substitute Affidavit, granting [165−1] motion for Approval of Collateral Effect on Attendance Zones ( signed by Judge W. H. Albritton III ), copies provided to counsel (war) (Entered: 09/08/2000)

MOTION by Barbour Board of Ed. to Substitute the Board's first, second, and third annual reports (Reports maintained in separate binder), referred to Mag. Judge Charles S. Coody (war) (Entered: 09/29/2000)

Stamped ORDER granting [182−1] motion to Substitute the Board's first, second, and third annual reports ( by Judge W. H. Albritton III ) , copies provided to counsel. (war) (Entered: 09/29/2000)

NOTICE by Barbour Board of Ed. of Filing FOURTH Annual Report AND Report for May−October 2000; referred to Judge Albritton (ajr) (Entered: 12/01/2000)

NOTICE of Filing Fifth Annual Consent Decree Report by Barbour Board of Ed.; [Consent Decree Report with Exhibits A, B, E − M, Q maintained in separate brown binder with file]. Referred to Judge W. H. Albritton III (dkt clerk) (Entered: 10/11/2001)

NOTICE (Annual report−3 volumes−contained in separate binder with file) of filing of sixth annual report by Barbour Board of Ed. Referred to Judge Albritton. (djy) (Entered: 10/16/2002)

NOTICE (Exhibit A attached) of possible student transfers by Barbour Board of Ed. Referred to Judge Albritton. (djy) Modified on 12/18/2002 (Entered: 12/18/2002)

MOTION by Barbour Board of Ed. for Extension of Time for Annual Report ; referred to Judge W. H. Albritton III (dmn) (Entered: 10/31/2003)

MOTION by Barbour Board of Ed. for extension of time for filing Seventh Annual Report referred to Judge W. H. Albritton III (vmc) (Entered: 11/24/2003)

Stamped ORDER granting [190−1] motion for extension of time for filing Seventh Annual Report to and including 11/24/03 ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 11/24/2003)

NOTICE of Filing Seventh Annual Report by Barbour Board of Ed.; (Annual report−3 volumes−contained in separate binder with file); referred to Judge Albritton (vmc) (Entered: 11/26/2003)

MOTION by Barbour Board of Ed. to Amend the Consent Decree ; (w/Exhibit A attached) referred to Judge W. H. Albritton III (vmc) (Entered: 01/07/2004)

ORDER TO SHOW CAUSE as to why dft's motion to amend the consent decree should not be granted: Response to Order to Show Cause due on 1/23/04 for Nt'l Education Assoc, for Carlton Crawford Jr., for Michael O'Neal Franklin, for Cynthia Marie Franklin, for Benjamin D. Franklin set telephone Status Conference 10:00 1/27/04 before Mag. Judge Charles S. Coody ; USA shall set up said conference ( signed by Mag. Judge Charles S. Coody ) , copies provided to counsel; furn: yg hc ws. (vmc) (Entered: 01/08/2004)

Response by Barbour Board of Ed. to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/13/2004)

Response by Benjamin D. Franklin, Cynthia Marie Franklin, Michael O'Neal Franklin, Carlton Crawford Jr. to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/23/2004)

Response by USA to [194−2] Order to Show Cause ; referred to Mag. Judge Charles S. Coody (ag) (Entered: 01/26/2004)

***Attorney Daniel Scott Gordon for United States of America added per response filed 1/26/2004 −NO PDF document attached to this entry See Docket Entry #197. (djy, ) (Entered: 10/28/2004)

Courtroom Deputy's MINUTES of proceedings: Status Conference held before Mag. Judge Coody on 1/27/04 re: Show Cause Order as to Defts Motion to Amend the Consent Decree ineffect to Consolidate the school in the system should not be granted Digital Recorded 10:00 to 10:07 (ag) (Entered: 01/27/2004)

ORDER setting Status Conference (set up by The United States by telephone) at 1:30 p.m. Central Time on 12/2/04 before Mag. Judge Charles S. Coody ( signed by Mag. Judge Charles S. Coody ) , copies provided to counsel, yg, hc, ws. (ag) (Entered: 01/27/2004)

ORDER granting [193−1] motion to Amend the Consent Decree ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (ag) (Entered: 01/27/2004)

Status Conference held before Mag. Judge Charles S. Coody on 1/27/04 (ag) (Entered: 01/27/2004)

MOTION for Extension of Deadline for filing eighth annual report by Barbour County Board of Education. (Walker, Dorman) (Entered: 09/28/2004)

STAMPED ORDER granting 201 Motion for Extension of Deadline . Signed by Judge W. Harold Albritton III on 9/28/04. (ag, ) (Entered: 09/28/2004)

Mail Returned as Undeliverable−copies of 9/28/04 orders. Mail sent to Lisa Evans (djy, ) (Entered: 10/25/2004)

MOTION for Extension of Time to File Eighth Annual Report by Barbour County Board of Education. (Walker, Dorman) (Entered: 11/15/2004)

ORDER granting 203 Motion for Extension of Time until 11/18/04 for the filing of Eighth Annual Report. Signed by Judge W. Harold Albritton III on 11/15/04. (cc, )

ORDER that the status conference be and is hereby Continued from 12/2/04 to 1/4/05 ; that the United States shall set up the conference call (Status Conference set for 1/4/2005 02:00 PM by telephone before Honorable Charles S. Coody). Signed by Judge Charles S. Coody on 12/2/04. (ag, ) (Entered: 12/02/2004)

MOTION for Hearing for Status Conference by Barbour County Board of Education. (Walker, Dorman) (Entered: 01/19/2005)

ORDER granting 207 MOTION for status conference; Telephone Conference set for 2/7/2005 09:30 AM before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 1/19/05. (furn: yg hc ws)(vmc, ) (Entered: 01/19/2005)

Minute Entry for proceedings held before Judge Charles S. Coody : Status Conference held on 2/7/2005. (Recording Time 9:28−9:35.) (djy, ) (Entered: 02/07/2005)

MOTION to Dismiss and To Be Declared Unitary by Barbour County Board of Education. (Walker, Dorman) (Entered: 02/08/2005)

ORDER Status Conference set for 4/28/2005 09:00 AM by telephone before Honorable Charles S. Coody; furnished to WS, Yg, HC Signed by Judge Charles S. Coody on 3/1/05. (ajr, ) (Entered: 03/01/2005)

Minute Entry for proceedings held before Judge Charles S. Coody : Status Conference held on 4/28/2005. (Recording Time 8 minutes.) (vmc, ) Additional attachment(s) added on 12/20/2005 (ws, ). (Entered: 04/28/2005)

Minute Entry for proceedings held before Judge Charles S. Coody : Telephone Status Conference held on 1/6/2006. (Recording Time FTR: 10:30 − 10:43.) (ws ) (Entered: 01/06/2006)

ORDER Setting Status Conference for 4/20/2006 11:30 AM by telephone before Honorable Charles S. Coody as further set out in order. Signed by Judge Charles S. Coody on 3/22/06. (furn: yg hc ws)(vma, ) (Entered: 03/22/2006)