Case: Birdie Mae Davis & United States v. Board of School Commissioners of Mobile County

Birdie Mae Davis v. Board of School Commissioners of Mobile County

Davis v. Board of School Commissioners of Mobile County

U.S. Court of Appeals for the Eleventh Circuit

Davis v. Board of School Commissioners of Mobile County

U.S. Court of Appeals for the Eleventh Circuit

Davis v. Board of School Commissioners of Mobile County

THE ENTRIES AND DOCUMENTS IN THIS CIVIL ACTION ARE IN DATE ORDER. THE ERRATIC DOCKET NUMBERS ARE DUE TO THE FACT THAT THE SOUTHERN DISTRICT OF ALABAMA BEGAN NUMBERING DOCKET ENTRIES IN THE EARLY 1980's. YOU WILL FIND DOCUMENT NUMBER 1 ON 9/14/81. MOST ENTRIES BEFORE THAT DATE WILL LIKELY HAVE A DOCKET NUMBER HIGHER THAN THE NUMBER THAT ACTUALLY ENDED THIS CASE IN 1997. KEEP IN MIND, THE DOCKET IS IN DATE ORDER. (jlr)

Original Docket Sheet Scanned on 12/14/01 (sdb). (Entered: 12/13/2001)

Complaint filed (sdb)

Stipulation of counsel as to service of papers in this district filed (sdb)

Motion for preliminary injunction filed, noticed for hearing April 25th (sdb)

Summons issued, with 7 copies of summons, complaint, and motion for preliminary injunction, with notice of hearing attached, (Summons and copies delivered to Marshal on 4/1/63) (sdb)

Summons returned executed (sdb)

Motion to dismiss filed by defendants (sdb)

Affidavits of MRS. OLLIE MAE DAVIS and MR. ALGEA BOLTON with attachments filed in support of plaintiff's Motion for Preliminary Injunction (sdb)

Order entered GRANTING Oral Motion of plf to substitute Charles E. McNeil as President of Board of School Commissioners in place of William B. Crane, who was named Chairman; and GRANTING Oral Motion of plaintiff to amend affidavit of Mrs. Ola Mae Davis within one week. Motion for preliminary injunction submitted on affidavits and taken under submission by the Court and plfs are allowed to and including May 24, 1963 to file its brief in support of motion and dfts allowed to and including June 10, 1963 to file reply brief - see Minute Entry No. 14,972 (sdb)

Affidavit of MR. ALGEA BOLTON filed (sdb)

Points and Authorities in Support of Plaintiff's Motion for preliminary injunction filed by plaintiffs (sdb)

Copy of M/E No. 14,972 mailed to all attorneys of record (sdb)

Notice of Appeal filed by plaintiff's; Designation of Contents of Record of Appeal filed by plfs; Copy of Notice of Appeal mailed to Mr. George F. Wood, and Mr. Joseph F. Johnson, attys for defendants (sdb) Modified on 12/14/2001

$250.00 cash/in lieu of bond on appeal deposited in Registry of Court by appellant; Certificate of Clerk executed as to deposit of $250.00 (sdb)

Copy of appellants' mimeographed record on appeal received from appellants' counsel, and filed (sdb)

Judgment of Fifth Circuit Court of Appeals received showing DENIAL of Appellants Petition on Appeal and DISMISSING the Appeal (sdb)

Defendant's BRIEF filed with certificate of service attached; AFFIDAVIT of Cranford H. Burns filed (sdb)

Findings and Opinion on Motion for Preliminary Injunction filed, ORDER entered DENYING Motion of plf's for Preliminary Injunction and setting case for trial at 9:30 a.m. on November 14, 1963. (Minute Entry No. 15247); copies mailed to attorneys of record (sdb) Modified on 12/17/2001

Notice of Appeal filed by plaintiffs (sdb)

Copies of Notice of Appeal mailed to George F. Wood and Joseph F. Johnson, Attorneys for Plaintiffs (sdb)

Supplemental Record on Appeal forwarded to CCA, Fifth Circuit (sdb)

JUDGMENT and ORDER under Mandate of Fifth Circuit Court of Appeals dated July 9, 1963 entered by Judge Thomas restraining and enjoining the Defendant, Board of School Commissioners of Mobile County and its members from requiring and permitting segregation of the races in any school under their supervision, from and after such time as may be necessary to make arrangements for admission of children to such schools on a racially non-discriminatory basis with all deliberate speed; and further ORDERED that the dfts are required to make an immediate start in desegregation of schools of Mobile County and that a plan be submitted not later than August 1, 1963, etc. See Minute Entry No. 15,289 (sdb)

Six copies of Judgment and Order delivered to U.S. Marshal for service on each member of Board of School Commissioners of Mobile County, and Cranford H. Burns, its Superintendent (sdb)

Copies of M/E No. 15,289 mailed to all attorneys of record (sdb)

ORDER entered on Oral Motion of Defendants, GRANTING extension of time of thirty days, or to and including the 12th day of August 1963, within which to file an answer; Minute Entry No. 15,293 (sdb)

Copies of Order mailed to attorneys (5) (sdb)

Returns of Marshal filed showing service of Order on EACH defendnat (sdb)

Copy of OPINION-ORDER on Petition for Rehearing received and filed as Mandate from CCA, which amends judgment and Order of July 9, 1963 so that the "plan shall be submitted to the District Court not later than August 18, 1963 ... to provide for carrying into effect not later than beginning of school year September 1963 and thereafter of the Alabama Pupil Placement Law as to all school grades without racial discrimination ..." (sdb)

ORDER entered AMENDING Judgment and Order entered July 11, 1963 according to Opinion-Order of CCA filed 7-19-63 (Minute Entry No. 15391) (sdb)

Copies of Order mailed to Attorneys of record (5 firms) (sdb)

Motion filed by defendants to defer desegregation of rural schools in Mobile County until September, 1964, noticed for hearing on August 12, 1963, at 9:30 a.m. (sdb)

ANSWER of defendants filed, with certificate attached (sdb)

ORDER entered GRANTING defendants Motion to defer desegregation of rural schools in Mobile County until September, 1964 and designating ALL schools outside the City Limits of the City of Mobile as rural schools for the purposes of this Order, see Minute Entry No. 15,473 (sdb)

Affidavit of Cranford H. Burns and Affidavit of C.L. Scarborough filed (sdb)

Copy of M/E No. 15,473 mailed to all attorneys (sdb)

Motion for Hearing immediately after the Defendant submits a plan for desegregation of schools of Mobile County, Alabama, filed by Plaintiffs (sdb)

Plan submitted by the Board of School Commissioners of Mobile County pursuant to Order dated July 11, 1963, as amended July 26, 1963, filed (sdb)

Plaintiff's objections to defendants' Plan of Desegregation filed (sdb)

Transcript of proceedings had before Hon. Daniel H. Thomas at hearing on Aug. 21, 1963, filed (sdb)

Order of Submission on Plaintiff's objections to Plan of Desegregation as filed on Aug. 19, 1963; See Minute Entry No. 15,492 (sdb)

Order entered Approving Plan of Desegregation as filed on August 19, 1963 with exceptions of two amendments as set out in this Order, see Minute Entry No 15,506 (sdb)

Copies of Minute Entry No.'s 15,492 and 15,506 mailed to attorneys (sdb)

Notice of Appeal filed by plaintiff's; Copies mailed to George F. Wood and Joseph F. Johnson, Attys for defts (sdb)

Plaintiff's Designation of Contents of Record on Appeal filed (sdb)

Motion for Issuance of Order to Show Cause filed by plfs with Affidavit of Clarence E. Moses, Affidavit of Vernon Z. Crawford, Executive Order #12 of Governor of Alabama, attached; Order to Show Cause issued by Judge Daniel H. Thomas, set for hearing at 3:00 p.m. on September 16, 1963, directed to Governor George C. Wallace, (Minute Entry No. 15,555) - Motion for Temporary Restraining Order filed by the plaintiff's; Temporary Restraining Order issued, restraining Governor Wallace from interfering with desegregation of Murphy High School, etc. (Minute Entry No. 15,555) - Bond on issuance of temporary restraining order filed in sum of $1,000.00 - 9 copies of motions, affidavits, and orders issued to Marshal for service on Governor Wallace, et al (sdb)

Marshal's return of service of Motions and Order to Show Cause and restraining Order on Governor Wallace by service on his executive secretary and on Governor Wallace personally, filed (sdb)

ORDER entered CONTINUING and RE-SETTING hearing on Motion for Order to Show Cause to September 26, 1963 at 9:30 a.m. and continuing temporary restraining order entered 9/9/63; (Minute Entry No. 15,590) (sdb)

Copies mailed to attorneys of record (sdb)

ORDER entered, on Oral Motion of Mr. D. R. Coley, extending time within which George C. Wallace may file responsive pleadings to Order to Show Cause etc. to and including September 26, 1963. (Minute Entry No. 15621) (sdb)

Copies mailed to attorneys of record (sdb)

Responsive pleading on Hon. George C. Wallace, Governor of Alabama filed this date (sdb)

Return of U.S. Marshal filed, showing service of Motion for Restraining Order, Restraining Order, Motion for Order to Show Cause, and Order to Show Cause on Charles E. McNeil, Jack C. Gallalee, Arthur Smith, William B. Crane, Kenneth Reed, Dr. Cranford Burns, and Joe Smelley, member of Alabama Highway Patrol. (sdb)

ORDER entered CONTINUING hearing on Motion for Order to Show Cause pending further Orders of the Court, (Minute Entry No. 15,674) (sdb)

Copies of Order of Continuance mailed to attorneys (sdb)

Certified Supplemental Record on Appeal mailed to U.S. Court of Appeals, Fifth Circuit (sdb)

Motion for Leave to Amend Answer filed by defendants and Order entered GRANTING same. Minute Entry No. 15,870. (sdb)

AMENDMENT TO ANSWER filed by defendants; Copy of Minute Entry No. 15,870 & Amendment to Answer mailed to attys for plf (sdb)

Motion for Discovery filed by dfts and set down for hearing on Nov. 14, 1963 at 9:30 a.m., by Judge Daniel H. Thomas; Copy of Motion for Discovery and Notice of Setting mailed to attys of record (sdb)

Motion for Order of this Court authorizing and permitting the introduction into evidence in trial of this case certain testimony taken in the trial of Ralph Stell, et al., vs. The Savannah-Chatom County Board of Education, et al. in the Southern District of Georgia, filed with Affidavit of George F. Wood attached (sdb)

ORDER entered GRANTING Motion for Order of Court authorizing and permitting the introduction into evidence in trial of this case certian testimony taken in the trial of Ralph Stell, et al, vs. The Savannah-Chatom County Board of Education, et al. in the Southern District of Georgia, filed with affidavit of George F. Wood, attached - See Minute Entry No. 15,886-A (sdb)

Plaintiff's Plan of Desegregation filed with certificate attached (sdb)

Motion to Strike Defendants' Amendment to Paragraphs 9, 10 and 11 of Answer filed by plaintiff's with Memorandum Brief in Support thereof attached; certificate of service attached (sdb)

Trial of Merits begun; Motion to Dismiss complaint filed by Dfts on 4/23/63 taken under submission and the trial of this case not being completed said trial is recessed until Nov. 15, 1963 at 9:30 a.m., Minute Entry No. 15,890-A (sdb)

Trial resumed, witnesses further examined, and plfs Motion to Strike Dfts Amendment to Para. 9, 10, and 11 filed on 11/14/63 is DENIED; and this case is TAKEN UNDER SUBMISSION by the Court, Min. Entry No. 15,897 (sdb)

Transcript of proceedings had before Judge Thomas, U.S. District Judge at Mobile, AL, on November 14 and 15, 1963. (sdb)

JUDGMENT and ORDER under Mandate of Fifth Circuit Court of Appeals dated June 18, 1964 received and filed showing following ruling to-wit; "It is now Ordered and Adjudged by this Court that this cause be remanded to the said District Court with instructions to require the Board of School Commissioners of Mobile County, AL to present to the District Court forthwith for its consideration a plan of desegregation which will meet the minimum standards set forth and outlined in the Birmingham case, being Cause No. 20595 on the docket of this Court. The Order of the District Court heretofore entered on June 24, 1963, denying injunctive relief, is VACATED; the Orders of the said District Court entered on July 11 and 26, 1963, pursuant to the mandate of this Court in this case, are continued until modified by the District Court, all in accordance with the Opinion of this Court;" "It is further Ordered and Adjudged that the appellees, Board of School Commissioners of Mobile County, and others be condemed, in solido, to pay the costs of this cause in this Court, for which let execution issued out of the said District Court." (sdb)

ORDER entered by Thomas, Judge, requiring submission of plan for desegregation in accordance with opinion and mandate of CCA rendered and issued June 18, 1986, requiring Board of School Commissioners to submit on or before July 17, 1964 a plan for desegregation in accordance with the opinion and mandate of CCA, hearing on any objections filed to said plan to be heard on July 29, 1964. (Minute Entry No. 16,900) (sdb)

Copies of Order mailed to all attorneys of record (sdb)

Defendants' Motion to Extend Time for the dfts to submit a Plan for Desegregation, from July 17th, 1964, in order for the U.S. Court of Appeals to rule on the Defendants' Petition for a Re-hearing, etc., filed (sdb)

ORDER entered AMENDING Court's Order of June 29, 1964 to extend the time for filing of a desegregation plan from "on or before July 17, 1964" to "on or before the 21st day of July 1964." (Minute Entry No. 16,941) (sdb)

Copies mailed to attorneys of record (sdb) Modified on 12/18/2001

Plaintiffs' Response to Defendants' Motion for an Extension of Time in which to present a plan of desegregation filed (sdb)

Amendment to Plan Submitted by the Board of School Commissioners of Mobile County, Pursuant to Order Dated June 29, 1964, with Certificate of Service (sdb)

Plaintiffs' Objections to Desegregation Plan submitted by the Defendant Board of School Commssioners of Mobile County and Motion for a Revised Plan, with Certificate of Service. (sdb)

ORDER Approving Plan as modified; Minute Entry No. 17,016. Copy of M.E. 17,016 mailed to George F. Wood and Vernon Z. Crawford on July 31, 1964. (sdb)

Motion filed by plaintiffs for further relief (sdb)

Interrogatories propounded to defendants filed by plaintiffs (sdb)

Motion for Additional Time to Answer Interrogatories filed by defendants, noticed for hearing at 9:30 a.m. January 5, 1965. (sdb)

Plaintiff's response to Defendants' Motion for Additional Time to Answer Interrogatories, SHOWING NO OBJECTION to the granting of Motion and Extension filed (sdb)

ORDER entered GRANTING dfts Motion for Extension of Time to January 25, 1965 within which to answer plfs interrogatories (Minute Entry 17,752) (sdb)

Copies mailed to attorneys (sdb)

Notice to withdraw his name as counsel for dfts filed by Mr. Joseph F. Johnston, Attorney (sdb)

Answers to Interrogatories filed by defendants (sdb)

Defendants answer to motion for further relief filed (sdb)

Hearing on Plaintiffs Motion for further relief, witnesses examined, exhibits offered in evidence and Order entered continuing hearing to Friday Morning, March 5, 1965 at 9:30 a.m. (Minute Entry No. 17975) (sdb)

Copy of M.E. No. 17975 mailed to all attorneys (sdb)

Hearing on Plaintiff's Motion for further relief resumed, witnesses further examined, exhibits offered in evidence and case taken under submission (Minute Entry No. 17994) (sdb)

Copy of M.E. No. 17994 mailed to all attorneys (sdb)

BRIEF of defendants, Opposing Motion, filed, and delivered to Judge (sdb)

MAP of City of Mobile showing the re-drawn attendance areas for elementary schools filed by defendants (sdb)

Transcript of proceedings had before Judge Daniel H. Thomas at Mobile, Alabama on Feburary 26 and March 5, 1965 filed by Court Reporter (sdb)

Findings of Fact and Conclusions of Law filed by Thomas, Judge; DECREE entered by Court, on plaintiffs Motion for further relief and on defendants answer thereto, etc. STRIKING provision in Plan that requires return of completed form in person, and STRIKING criteria for transfer in the plan designated (i), (1)(m) and (n), directing Board to give reasonable notice to school patrons of terms and time limitations of the Plan, and approving desegregation Plan of the Board in all other respects as constitutional and non-discriminatory, and except as Ordered Motion of plfs DENIED. (Minute Entry No. 18,144) (sdb)

Copies of Findings, Conclusions and Order mailed to attorneys of record. mpcox. (sdb)

NOTICE OF APPEAL filed by Birdie Mae Davis, et al (sdb)

Copy of Notice of Appeal mailed to George F. Wood and D.R. Coley, Jr. (sdb)

Appellant's Designation of Contents of Record on Appeal filed (sdb)

ORDER entered extending time for filing and docketing Transcript of Record in the U.S. Court of Appeals, New Orleans, Louisiana, to, and including the 13th day of July, 1965 (Minute Entry No. 18445) (sdb)

Certified Copy of Notice of Appeal and Order Extending Time, etc., mailed to Clerk, U.S. Court of Appeals, Fifth Circuit, New Orleans, Louisiana (sdb)

Copy of Minute Entry No. 18445 mailed to Derrick A. Bell, Jr., Vernon Z. Crawford, Clarence E. Moses, George F. Wood, and D.R. Coley, Jr. (sdb)