Case: Georgia State Conference of the NAACP v. Fayette County Board of Commissioners

3:11-cv-00123 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 9, 2011

Closed Date: Sept. 20, 2016

Clearinghouse coding complete

Case Summary

This is a case about the whether at-large election methods violated the Voting Rights Act. In an at-large voting system, members of a governing body are elected by majority vote to represent an entire population, rather than a subset of that population as in a district voting system. In Fayette County, Georgia, members of the Board of Commissioners and Board of Education were elected using an at-large method, with the effect of diluting the strength of a subset of the county: Black voters who l…

This is a case about the whether at-large election methods violated the Voting Rights Act.

In an at-large voting system, members of a governing body are elected by majority vote to represent an entire population, rather than a subset of that population as in a district voting system. In Fayette County, Georgia, members of the Board of Commissioners and Board of Education were elected using an at-large method, with the effect of diluting the strength of a subset of the county: Black voters who lived within a geographically compact area. Although those Black voters were generally unified in supporting a particular candidate, their candidate was never elected to governing bodies because other candidates garnered the support of the larger bloc of non-Black voters in the overall population. 

Fayette County's at-large election method was challenged in 2011 by the Georgia State Conference of the NAACP, the Fayette County Branch of the NAACP, and a group of Black Fayette County voters. On August 9, 2011, they brought a lawsuit in the U.S. District Court for the Northern District of Georgia against the Fayette County Board of Commissioners, the Fayette County Board of Education, and individual members of those boards in their official capacities. The plaintiffs, who were represented by private counsel and the NAACP Legal Defense and Educational Fund, claimed that the vote-diluting effects of the at-large method deprived them of their federal statutory rights under Section 2 of the Voting Rights Act. They sought declaratory relief, attorneys' fees, and an injunction that would stop the boards from carrying out at-large elections and require them to implement an election system that complied with the Voting Rights Act. The case was assigned to Judge Timothy Batten. 

Early in the litigation, the Board of Education tried to enter into a settlement agreement with the plaintiffs. On February 20, 2012, that board and the plaintiffs filed a joint motion asking the court to approve their proposed consent decree and enter final judgment in favor of the plaintiffs. Under the consent decree, the Board of Education would adopt a single-member district plan for board member elections. The court approved the consent decree just four days after it was filed. About two weeks later, the Board of Commissioners moved to vacate that decision, arguing that the court had approved the consent decree and entered judgment before they had had time to respond in opposition. The next month, on April 18, the court complied with the Board of Commissioners' request and vacated its initial approval of the consent decree. The court found that the consent decree would impose obligations upon the Board of Commissioners, who were responsible for carrying out all of Fayette County's elections. Given one party's opposition to the consent decree, the court ordered an evidentiary hearing on the decree's remedy (the proposed district-based system). 

After a hearing on May 30, 2012, the court rejected the consent decree because it did not create a majority-minority district as required by Section 2 of the Voting Rights Act. The plaintiffs moved the court to certify the decision for appeal, but their motion was denied on September 18, 2012. The district court held that an interlocutory appeal was unavailable because there was no substantial ground for difference of opinion on the issue. 

The Board of Commissioners filed a motion for summary judgment on September 13, 2012, and the plaintiffs filed their own the next day. The parties proceeded with discovery over the next eight months, until the court granted summary judgment for the plaintiffs on May 21, 2013. The court found that the plaintiffs had demonstrated vote dilution, in contravention of the Voting Rights Act. Based on that holding and the Board of Education's admission of liability, the court ordered the parties to submit remedial plans for both defendant boards' elections. 950 F. Supp. 2d 1294. The plaintiffs, Board of Education, and Board of Commissioners all submitted their proposed remedial plans near the end of June. 

Ten days after summary judgment in the plaintiffs' favor, before the remedial plans had been submitted, the Board of Commissioners moved to appeal and stay the judgment. The court refused to certify their appeal on July 3, 2013, finding again that its decision presented no substantial ground for difference of opinion. 952 F. Supp. 2d 1360.

On August 27, 2013, Judge Batten appointed a redistricting specialist from the Georgia Legislative and Congressional Reapportionment Office to serve as the court's expert advisor in creating a remedial plan. Finally, on February 18, 2014, the court adopted that specialist's interim remedial plan, to remain in force unless and until it was overwritten by applicable state legislation. Judge Batten entered the final judgment on March 13, 2014, and the defendants promptly appealed. 

The U.S. Court of Appeals for the Eleventh Circuit delivered its opinion on January 7, 2015. On procedural grounds and without reaching the merits of the case, the appellate court reversed in part, vacated in part, and remanded the case for a bench trial. The panel found that the district court erred in failing to provide notice to the Board of Education before entering summary judgment against it. It also found that summary judgment against the Board of Commissioners was inappropriate because the case involved fact-specific legal tests, and there were issues of material fact in dispute. 775 F.3d 1336.

Back in district court, Judge Batten set the matter for a bench trial. The parties prepared for trial through most of 2015. On July 7, 2015, the plaintiffs moved for a preliminary injunction that would require the defendants to use the remedial plan for the upcoming election rather than the old at-large voting system. The court granted the injunction on August 3, noting special circumstances including the timing of the election and that the remedial plan had been used in the 2014 election. 118 F. Supp. 3d 1338.

A bench trial had been set for November, but in a conference before Judge Batten on October 14, 2015, the parties discussed other possible avenues for resolution. Judge Batten ordered the parties to mediate or, if mediation failed, to attempt to resolve all issues in a settlement conference before the court. On January 14, 2016, the Board of Education filed a joint motion asking the court to approve a consent order in which the Board of Education agreed to adopt a redistricting plan that the plaintiffs had approved. The consent order also required the Board of Education to pay the plaintiffs' costs and fees in the amount of $100,000. The court adopted this consent order and dismissed the Board of Education defendants on February 11, 2016. 

After extensive discussion and mediation, the plaintiffs and Board of Commissioners were able to reach a settlement agreement. The defendants ultimately submitted an agreed-upon redistricting plan to the Georgia General Assembly, and that plan was enacted into law. The defendants paid the plaintiffs' costs and fees in the amount of $125,000, and the plaintiffs released all claims against them. On September 2, 2016, the plaintiffs filed a consent motion to dismiss their claims with prejudice, in accordance with the settlement agreement. The court signed the consent order on September 20. 

The case is closed. 

Summary Authors

Christina Van Wagenen (3/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6320350/parties/georgia-state-conference-of-the-naacp-v-fayette-county-board-of/


Judge(s)

Batten, Timothy C. (Georgia)

Attorney for Plaintiff

Aden, Leah C. (Georgia)

Anaba, Ariel C. (Georgia)

Bondurant, Emmet J. (Georgia)

Bradley, Neil T. (Georgia)

Attorney for Defendant
Judge(s)

Batten, Timothy C. (Georgia)

Attorney for Plaintiff

Aden, Leah C. (Georgia)

Anaba, Ariel C. (Georgia)

Bondurant, Emmet J. (Georgia)

Bradley, Neil T. (Georgia)

Brannon, Sarah E. (Georgia)

Buckley, Edward D. (Georgia)

Burch, Kathleen M. (Georgia)

Carter, Jason James (Georgia)

Clancy, Thomas P. (Georgia)

Cobb, James William (Georgia)

Cohen, Michelle Kanter (Georgia)

Colfax, Reed N. (Georgia)

Combs, Cathleen M. (Georgia)

Cox, Justin Bryan (Georgia)

Crook, Jamie L. (Georgia)

Custer, William V. (Georgia)

Cutting, Jeremy Dakota (Georgia)

Dempsey, Jennifer Burch (Georgia)

Duckett, Tahir (Georgia)

Edelman, Daniel A. (Georgia)

Edwards, Jeffrey S (Georgia)

Farrell, Gregory (Georgia)

Francois, Aderson B. (Georgia)

Geraghty, Sarah E. (Georgia)

Glugoski, John (Georgia)

Goldfaden, Robin Lisa (Georgia)

Greenbaum, Jon M. (Georgia)

Greggs, Mitchell David (Georgia)

Hardy, Tiffany Nicole (Georgia)

Hayes, Vilia (Georgia)

Haygood, Ryan P. (Georgia)

Hebert, J. Gerald (Georgia)

Herrera, Kevin (Georgia)

Ho, Dale E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Horton, Leslie J (Georgia)

Houk, Julie Marie (Georgia)

Joachin, Mayra B. (Georgia)

Keaney, Melissa S. (Georgia)

Kelly, Amy Michaelson (Georgia)

Kemmitt, Christopher (Georgia)

Kendall, Wayne B. (Georgia)

Korgaonkar, Natasha (Georgia)

Lang, Danielle M. (Georgia)

Latturner, James O. (Georgia)

Lennon, Chad (Georgia)

Lopez, Ramon R (Georgia)

Lopez, Matthew Ramon (Georgia)

Lopez, Amorina Patrice (Georgia)

Maples, F. Gerald (Georgia)

McCarthy, Terrence W (Georgia)

Miller, Steven L (Georgia)

Milton, Alexa (Georgia)

Muller, John F. (Georgia)

Orr, Charles G (Georgia)

Ost, Julia Fenwick (Georgia)

Phillips, Bradley S. (Georgia)

Phillips, Gregory D. (Georgia)

Powers, John Michael (Georgia)

Prater, Harlan Irby (Georgia)

Righetti, Matthew (Georgia)

Rosenberg, Ezra David (Georgia)

Ross, April N. (Georgia)

Ross, Deuel (Georgia)

Schulman, Margaret Knox (Georgia)

Schulman, John E (Georgia)

Shah, Niyati (Georgia)

Sterling, Monica Rose (Georgia)

Sutherland, Brian J. (Georgia)

Trujillo-Jamison, Kenneth M. (Georgia)

Tumlin, Karen C. (Georgia)

Waddell, Timothy Brandon (Georgia)

Wardenski, Joseph (Georgia)

Weiss, Samuel David-Kinder (Georgia)

Wiles, Stephen Michael (Georgia)

Wu, Victorien (Georgia)

Yancey, James A (Georgia)

Zatz, Clifford (Georgia)

Zelaya, Carlos Alberto (Georgia)

show all people

Documents in the Clearinghouse

Document
1

3:11-cv-00123

Complaint

Aug. 9, 2011

Aug. 9, 2011

Complaint
50

3:11-cv-00123

Order

April 18, 2012

April 18, 2012

Order/Opinion
125

3:11-cv-00123

Order

Sept. 18, 2012

Sept. 18, 2012

Order/Opinion

2012 WL 2012

152

3:11-cv-00123

Order

May 21, 2013

May 21, 2013

Order/Opinion

950 F.Supp.2d 950

161

3:11-cv-00123

Order

July 3, 2013

July 3, 2013

Order/Opinion

952 F.Supp.2d 952

179

3:11-cv-00123

Order

Feb. 18, 2014

Feb. 18, 2014

Order/Opinion

996 F.Supp.2d 996

14-11202

14-11204

Opinion

U.S. Court of Appeals for the Eleventh Circuit

Jan. 7, 2015

Jan. 7, 2015

Order/Opinion

775 F.3d 775

271

3:11-cv-00123

Order

Aug. 3, 2015

Aug. 3, 2015

Order/Opinion

118 F.Supp.3d 118

289

3:11-cv-00123

Consent Order

Jan. 28, 2016

Jan. 28, 2016

Order/Opinion
305

3:11-cv-00123

Plaintiffs’ Consent Motion to Dismiss Case with Prejudice Against County Defendants

Sept. 2, 2016

Sept. 2, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6320350/georgia-state-conference-of-the-naacp-v-fayette-county-board-of/

Last updated March 8, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by John E. Jones, Emory Wilkerson, Terence Clark, Aisha Abdur-Rahman, Georgia State Conference of the NAACP, Elverta Williams, Dan Lowry, Bonnie Lee Wright, Fayette County Branch NAACP, Alice Jones, Ali Abdur-Rahman, Lelia Richardson, Henry Adams, and summon(s) issued. Filing fee $350, receipt number 767. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(rsh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

Clearinghouse
2

Certificate of Interested Persons and Corporate Disclosure Statement by Plaintiffs (rsh) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
3

Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 8/9/11. (rsh) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
4

WAIVER OF SERVICE Returned Executed by Fayette County Board of Education. Fayette County Board of Commissioners waiver mailed on 8/10/2011, answer due 10/11/2011. (Kendall, Wayne) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
5

WAIVER OF SERVICE Returned Executed by Fayette County Board of Commissioners. (Kendall, Wayne) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
6

WAIVER OF SERVICE Returned Executed by Fayette County Board of Elections and Voter Registration. Fayette County Board of Elections and Voter Registration waiver mailed on 8/10/2011, answer due 10/11/2011; Tom Sawyer waiver mailed on 8/10/2011, answer due 10/11/2011. (Kendall, Wayne) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
7

WAIVER OF SERVICE Returned Executed by Allen McCarty, Lee Hearn, Robert Horgan, Herb Frady, Steve Brown. Allen McCarty waiver mailed on 8/10/2011, answer due 10/11/2011; Lee Hearn waiver mailed on 8/10/2011, answer due 10/11/2011; Robert Horgan waiver mailed on 8/10/2011, answer due 10/11/2011; Herb Frady waiver mailed on 8/10/2011, answer due 10/11/2011; Steve Brown waiver mailed on 8/10/2011, answer due 10/11/2011. (Kendall, Wayne) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
8

WAIVER OF SERVICE Returned Executed by Marion Key, Janet Smola, Sam Tolbert, Bob Todd, Terri Smith. Marion Key waiver mailed on 8/10/2011, answer due 10/11/2011; Janet Smola waiver mailed on 8/10/2011, answer due 10/11/2011; Sam Tolbert waiver mailed on 8/10/2011, answer due 10/11/2011; Bob Todd waiver mailed on 8/10/2011, answer due 10/11/2011; Terri Smith waiver mailed on 8/10/2011, answer due 10/11/2011. (Kendall, Wayne) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
9

APPLICATION for Admission of Ryan Haygood Pro Hac Vice (Application fee $ 150, receipt number 113E-3499595)by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Steve Brown, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Kendall, Wayne) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
10

APPLICATION for Admission of Dale E. Ho Pro Hac Vice (Application fee $ 150, receipt number 113E-3499682)by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Kendall, Wayne) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
11

APPLICATION for Admission of Natasha Korgaonkar Pro Hac Vice (Application fee $ 150, receipt number 113E-3500140)by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Kendall, Wayne) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Dale E. Ho Pro Hac Vice (Application fee $ 150, receipt number 113E-3499682). Attorney Dale E. Ho added appearing on behalf of Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright (pb)

Sept. 8, 2011

Sept. 8, 2011

PACER

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Natasha Korgaonkar Pro Hac Vice (Application fee $ 150, receipt number 113E-3500140). Attorney Natasha Korgaonkar added appearing on behalf of Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright (pb)

Sept. 8, 2011

Sept. 8, 2011

PACER

APPROVAL by Clerks Office re: 9 APPLICATION for Admission of Ryan Haygood Pro Hac Vice (Application fee $ 150, receipt number 113E-3499595). Attorney Ryan P. Haygood added appearing on behalf of Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright (pb)

Sept. 8, 2011

Sept. 8, 2011

PACER
12

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Fayette County Board of Education, Marion Key, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert. (Attachments: # 1 Text of Proposed Order)(Hartley, Phillip) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

PACER
13

ANSWER to 1 COMPLAINT by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. Discovery ends on 3/9/2012.(Strickland, Frank) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
14

NOTICE of Appearance by Bryan P. Tyson on behalf of Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Tyson, Bryan) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
15

NOTICE of Appearance by Anne Ware Lewis on behalf of Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
16

ORDER GRANTING 12 Consent Motion for Extension of Time to Answer re 1 Complaint,, Marion Key Answer due 11/10/2011; Terri Smith Answer due 11/10/2011; Janet Smola Answer due 11/10/2011; Bob Todd Answer due 11/10/2011; Sam Tolbert Answer due 11/10/2011. Signed by Judge Timothy C. Batten, Sr on 10/12/11. (jlm) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
17

MOTION to Allow Withdrawal of Party Plaintiff by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Kendall, Wayne) Modified on 11/1/2011 to accurately reflect e-filed pleading (rej). (Entered: 10/29/2011)

Oct. 29, 2011

Oct. 29, 2011

PACER
18

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Board of Education, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Marion Key, Dan Lowry, Lelia Richardson, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Hartley, Phillip) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
19

ORDER granting 18 Motion for Extension of Time to Answer. Fayette County Board of Education Answer due 12/9/2011; Marion Key Answer due 12/9/2011; Terri Smith Answer due 12/9/2011; Janet Smola Answer due 12/9/2011; Bob Todd Answer due 12/9/2011; Sam Tolbert Answer due 12/9/2011. Signed by Judge Timothy C. Batten, Sr on 11/9/11. (rsh) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
20

Initial Disclosures by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright.(Kendall, Wayne) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
21

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Steve Brown, Terence Clark, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Fayette County Branch NAACP, Herb Frady, Georgia State Conference of the NAACP, Lee Hearn, Robert Horgan, Alice Jones, John E. Jones, Dan Lowry, Allen McCarty, Lelia Richardson, Tom Sawyer, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Kendall, Wayne) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
22

First Initial Disclosures by Fayette County Board of Commissioners.(Lewis, Anne) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
23

Certificate of Interested Persons by Fayette County Board of Commissioners. (Lewis, Anne) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER

Clerks Notation re 23 Certificate of Interested Persons reviewed by TCB. (jgs)

Nov. 15, 2011

Nov. 15, 2011

PACER

MINUTE ORDER granting [9, 10 & 11] Application for Admission Pro Hac Vice for Dale E. Ho, Natasha Korgonkar and Ryan Haygood by CRD by direction of the Court. Approved by Judge Timothy C. Batten, Sr on 11/15/11. (jgs)

Nov. 15, 2011

Nov. 15, 2011

PACER
24

ORDER granting 17 Motion to withdraw Plaintiff Emory Wilkerson from case. Emory Wilkerson terminated as a party. Signed by Judge Timothy C. Batten, Sr on 11/16/11. (rsh) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
25

DOCUMENT FILED IN ERRORSCHEDULING ORDER: approving 21 Joint Preliminary Report and Discovery Plan. Signed by Judge Timothy C. Batten, Sr on 11/16/11. (rsh) Modified on 11/17/2011 as document filed in wrong case (rsh). (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
26

ANSWER to 1 COMPLAINT by Fayette County Board of Education, Marion Key, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert.(Hartley, Phillip) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
27

CERTIFICATE OF SERVICE by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright.(Kendall, Wayne) (Entered: 12/24/2011)

Dec. 24, 2011

Dec. 24, 2011

PACER
28

CERTIFICATE OF SERVICE by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Fayette County Branch NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright.(Kendall, Wayne) (Entered: 12/24/2011)

Dec. 24, 2011

Dec. 24, 2011

PACER
29

CERTIFICATE OF SERVICE of Discovery Materials by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer.(Lewis, Anne) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
30

CERTIFICATE OF SERVICE of Discovery Materials by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer.(Tyson, Bryan) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
31

NOTICE by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright NOTICE OF SERVICE OF PLAINTIFFS' EXPERT DISCLOSURES (Haygood, Ryan) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
32

CERTIFICATE OF SERVICE of PLAINTIFFS' RESPONSES TO DEFENDANTS' REQUEST FOR FIRST INTERROGATORIES, FIRST PRODUCTION OF DOCUMENTS AND FIRST ADMISSIONS by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright.(Haygood, Ryan) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
33

Joint MOTION to Approve Consent Judgment and Entry of Final Judgment by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Board of Education, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Marion Key, Dan Lowry, Lelia Richardson, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A and B)(Hartley, Phillip) (Entered: 02/20/2012)

1 Text of Proposed Order

View on PACER

2 Exhibit A and B

View on PACER

Feb. 20, 2012

Feb. 20, 2012

PACER
34

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright CERTIFICATE OF SERVICE OF PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS TO DEFENDANTS FAYETTE COUNTY BOARD OF COMMISSIONERS AND FAYETTE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION (Haygood, Ryan) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
35

VACATED PER 50 ORDER CONSENT DECREE entered as to the Fayette County Board of Education Defendants. Plaintiff is AWARDED $5,000.00 in attorney fees, costs and expenses. Signed by Judge Timothy C. Batten, Sr on 2/24/12. (jlm) Modified on 4/19/2012 (rsh). (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

RECAP
36

CERTIFICATE OF SERVICE of PLAINTIFFS' EXPERT REPORTS by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright.(Haygood, Ryan) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
37

APPLICATION for Admission of Leah C. Aden Pro Hac Vice (Application fee $ 150, receipt number 113E-3802347)by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Kendall, Wayne) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
38

MOTION to Vacate 35 Consent Judgment with Brief In Support by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Attachments: # 1 Brief in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Lewis, Anne) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
39

BRIEF IN SUPPORT of 38 Motion to Vacate and RESPONSE in Opposition re 33 Joint MOTION to Approve Consent Judgment and Entry of Final Judgment filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Lewis, Anne) Modified on 3/6/2012 (jlm). (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
40

MOTION to Stay Enforcement of Judgment with Brief In Support by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Attachments: # 1 Brief in Support)(Lewis, Anne) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER

APPROVAL by Clerks Office re: 37 APPLICATION for Admission of Leah C. Aden Pro Hac Vice (Application fee $ 150, receipt number 113E-3802347). Attorney Leah C. Aden added appearing on behalf of Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright (pb)

March 7, 2012

March 7, 2012

PACER

MINUTE ORDER granting 37 Application for Admission Pro Hac Vice of Leah C. Aden by CRD by direction of the Corut. Approved by Judge Timothy C. Batten, Sr on 3/9/12. (jgs)

March 9, 2012

March 9, 2012

PACER
41

CERTIFICATE OF SERVICE of Discovery Materials by Fayette County Board of Commissioners.(Lewis, Anne) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
42

RESPONSE in Opposition re 38 MOTION to Vacate 35 Consent Judgment MOTION to Vacate 35 Consent Judgment, 40 MOTION to Stay Enforcement of Judgment filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Emory Wilkerson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Haygood, Ryan) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
43

RESPONSE re 38 MOTION to Vacate 35 Consent Judgment MOTION to Vacate 35 Consent Judgment, 40 MOTION to Stay Enforcement of Judgment filed by Fayette County Board of Education, Marion Key, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert. (Attachments: # 1 Exhibit 1)(Hartley, Phillip) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
44

SCHEDULING ORDER: approving 21 Joint Preliminary Report and Discovery Plan, except as herein modified: Plaintiffs will disclose their experts to Defendants by February 1, 2012; Plaintiffs will provide their expert reports to Defendants by March 2, 2012; Defendants will disclose their experts to Plaintiffs by April 2, 2012; Defendants will provide their expert reports to Plaintiffs by May 1, 2012. Discovery ends on 7/13/2012. Summary Judgment Motions due by 8/13/2012. Proposed Pretrial Order due by 8/13/2012, or, if a motion for summary judgment is filed, within thirty (30) days after the entry of an order ruling on that motion. Signed by Judge Timothy C. Batten, Sr on 3/26/12. (rsh) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
45

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Aden, Leah) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
46

CERTIFICATE OF SERVICE of Discovery Materials by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer.(Lewis, Anne) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
47

NOTICE Of Filing Expert Witness Disclosures by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
48

REPLY BRIEF re 38 MOTION to Vacate 35 Consent Judgment MOTION to Vacate 35 Consent Judgment, 40 MOTION to Stay Enforcement of Judgment filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Lewis, Anne) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER

Submission of 38 MOTION to Vacate 35 Consent Judgment and 40 MOTION to Stay Enforcement of Judgment, submitted to District Judge Timothy C. Batten. (jlm)

April 6, 2012

April 6, 2012

PACER
49

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Aden, Leah) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
50

ORDER VACATING 35 Order Approving Consent Judgment. Evidentiary Hearing set for 5/3/2012 at 02:00 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. See Order for specific directives as to arguments to be heard. The parties shall file their briefs, with accompanying evidence, on or before Wednesday, April 25, 2012. The parties shall file response briefs on or before Tuesday, May 1, 2012. Signed by Judge Timothy C. Batten, Sr on 4/18/12. (rsh) (Entered: 04/19/2012)

April 18, 2012

April 18, 2012

Clearinghouse

NOTICE of Hearing: Evidentiary Hearing RESET for 5/10/2012 at 02:30 PM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (jgs)

April 25, 2012

April 25, 2012

PACER
51

CONSENT ORDER extending the deadlines set in this Court's 50 Order. The time for submitting briefs with accompanying evidence is extended until 5/2/12 and the due date for filing responsive briefs is extended until 5/8/12. It is further ORDERED that the Evidentiary Hearing set for 5/3/12 at 2:00 pm will be RESCHEDULED approximately one week after the parties' responses are due. Signed by Judge Timothy C. Batten, Sr on 4/25/12. (jlm) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER
52

ORDER DENYING AS MOOT dft's 40 Motion to Stay. Signed by Judge Timothy C. Batten, Sr on 4/26/12. (jlm) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
53

CERTIFICATE OF SERVICE of Discovery Materials by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer.(Lewis, Anne) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
54

Joint MOTION to Approve Consent Judgment OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT with Brief In Support by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Board of Education, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Marion Key, Dan Lowry, Lelia Richardson, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Brief, # 2 Exhibit 1 (Part 1), # 3 Exhibit 1 (Part 2), # 4 Exhibit 1 (Part 3), # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Text of Proposed Order)(Haygood, Ryan) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
55

RESPONSE re 33 Joint MOTION to Approve Consent Judgment and Entry of Final Judgment CONSOLIDATED MEMORANDUM OF LAW IN RESPONSE TO THE COURTS APRIL 18 ORDER AND IN SUPPORT OF THIS COURTS APPROVAL OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Board of Education, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Marion Key, Dan Lowry, Lelia Richardson, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 1 (Part 3), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Haygood, Ryan) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
56

ORDER GRANTING the County Defendants' request to extend the deadlines for filing briefs and the date of the hearing. The County Defendants shall file their brief addressing the issues outlined in the Court's April 18 order on or before Wednesday, May 16. The parties shall file response briefs on or before Wednesday, May 23. (See order for specifics re response briefs). The matter will come before the Court for hearing on Wednesday, May 30, 2012, at 1:30 p.m. in Courtroom 2106 in Atlanta. Signed by Judge Timothy C. Batten, Sr on 5/2/2012. (tcc) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
57

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright CERTIFICATE OF SERVICE OF PLAINTIFFS' SUPPLEMENTAL EXPERT REPORTS (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
58

NOTICE to Take Deposition of STEVE BROWN filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
59

NOTICE to Take Deposition of TOM SAWYER filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
60

NOTICE to Take Deposition of HERB FRADY filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
61

NOTICE to Take Deposition of ROBERT HORGAN filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
62

NOTICE to Take Deposition of ALLEN MCCARTY filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
63

NOTICE to Take Deposition of LEE HEARN filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
64

CERTIFICATE OF SERVICE of Discovery Materials by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer.(Lewis, Anne) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
65

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright PLAINTIFFS' SUPPLEMENTAL RESPONSES TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST INTERROGATORIES (Aden, Leah) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
66

MOTION for Leave to File Excess Pages with Brief In Support by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Lewis, Anne) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
67

RESPONSE in Opposition re 54 Joint MOTION to Approve Consent Judgment OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT and Response to Court's Orders filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Attachments: # 1 Exhibit A - Dec. of Sawyer, # 2 Exhibit B - Dec. of Morgan, Part 1, # 3 Exhibit B - Dec. of Morgan, Part 2, # 4 Exhibit B - Dec. of Morgan, Part 3, # 5 Exhibit C - Supp. Dec. of Morgan)(Lewis, Anne) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
68

RESPONSE in Support re 54 Joint MOTION to Approve Consent Judgment OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT filed by Fayette County Board of Education, Marion Key, Terri Smith, Janet Smola, Bob Todd, Sam Tolbert. (Hartley, Phillip) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
69

REPLY BRIEF re 54 Joint MOTION to Approve Consent Judgment OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT PLAINTIFFS' REPLY BRIEF IN SUPPORT OF THIS COURT'S APPROVAL OF PLAINTIFFS AND BOARD OF EDUCATION DEFENDANTS' JOINTLY FILED AMENDED CONSENT DECREE AND ITS ENTRY OF FINAL JUDGMENT; IN RESPONSE TO THE COURT'S APRIL 18 AND MAY 2 ORDERS; AND IN RESPONSE TO COUNTY DEFENDANTS' MAY 16 BRIEF filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit C, # 6 Exhibit C-1, # 7 Exhibit D, # 8 Exhibit D-1, # 9 Exhibit 2)(Haygood, Ryan) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
70

Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 5/30/12.Court DENIED 54 Motion to Approve Consent Judgment and GRANTED 66 Motion for Leave to File Excess Pages. (Court Reporter Lori Burgess)(jlm) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
71

NOTICE to Take Deposition of Alice Jones filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
72

NOTICE to Take Deposition of Terence Clark filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
73

NOTICE to Take Deposition of Dan Lowry filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
74

NOTICE to Take Deposition of Ali Abdur-Rahman filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
75

NOTICE to Take Deposition of Aisha Abdur-Rahman filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
76

NOTICE to Take Deposition of Bonnie Lee Wright filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
77

NOTICE to Take Deposition of Henry Adams filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
78

NOTICE to Take Deposition of William Cooper filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
79

NOTICE to Take Deposition of Lelia Richardson filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
80

NOTICE to Take Deposition of Elverta Williams filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
81

NOTICE to Take Deposition of John E. Jones filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
82

CERTIFICATE OF SERVICE filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright CERTIFICATE OF SERVICE OF PLAINTIFFS' SECOND SUPPLEMENTAL EXPERT REPORT, THE SECOND SUPPLEMENTAL DECLARATION OF WILLIAM S. COOPER (Haygood, Ryan) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
83

NOTICE to Take Deposition of JOHN B. MORGAN filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright (Haygood, Ryan) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
84

MOTION to Amend, MOTION for Appeal under 1292(b) PLAINTIFFS' MOTION TO AMEND THE COURT'S MAY 30, 2012 ORDER AND CERTIFY INTERLOCUTORY APPEAL with Brief In Support by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Haygood, Ryan) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
85

TRANSCRIPT of MOTION Proceedings held on 5/30/2012, before Judge Timothy C. Batten, Sr. Court Reporter Lori Burgess, Telephone number 404-215-1528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/12/2012. (Attachments: # 1 Notice of Filing Transcript) (llb) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
86

Amended NOTICE to Take Deposition of John E. Jones filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
87

NOTICE to Take Deposition of Plaintiff Georgia State Conference of the NAACP filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer (Lewis, Anne) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
88

RESPONSE in Opposition re 84 MOTION to Amend MOTION for Appeal under 1292(b) PLAINTIFFS' MOTION TO AMEND THE COURT'S MAY 30, 2012 ORDER AND CERTIFY INTERLOCUTORY APPEAL filed by Steve Brown, Fayette County Board of Commissioners, Fayette County Board of Elections and Voter Registration, Herb Frady, Lee Hearn, Robert Horgan, Allen McCarty, Tom Sawyer. (Lewis, Anne) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
89

Joint MOTION for Extension of Time to Complete Discovery PLAINTIFFS AND COUNTY DEFENDANTS' MOTION TO EXTEND DISCOVERY SCHEDULE by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright. (Attachments: # 1 Text of Proposed Order)(Aden, Leah) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
90

ORDER GRANTING 89 Joint Motion for Extension of Time to Complete Discovery. Discovery ends on 8/13/2012. Any motions for summary judgment shall be filed by 9/13/12. PTO shall be filed by 9/13/12 or, if a motion for summary judgment is filed, 30 days after the entry of an order ruling on that motion. Signed by Judge Timothy C. Batten, Sr on 7/5/12. (jlm) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
91

REPLY to Response to Motion re 84 MOTION to Amend MOTION for Appeal under 1292(b) PLAINTIFFS' MOTION TO AMEND THE COURT'S MAY 30, 2012 ORDER AND CERTIFY INTERLOCUTORY APPEAL PLAINTIFFS' REPLY BRIEF IN SUPPORT OF THEIR MOTION TO AMEND THE COURT'S MAY 30, 2012 ORDER AND CERTIFY INTERLOCUTORY APPEAL AND IN RESPONSE TO COUNTY DEFENDANTS' OPPOSITION BRIEF filed by Aisha Abdur-Rahman, Ali Abdur-Rahman, Henry Adams, Terence Clark, Fayette County Branch NAACP, Georgia State Conference of the NAACP, Alice Jones, John E. Jones, Dan Lowry, Lelia Richardson, Elverta Williams, Bonnie Lee Wright. (Aden, Leah) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Aug. 9, 2011

Closing Date: Sept. 20, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Georgia State Conference of the NAACP, the Fayette County Branch of the NAACP, and a group of Black Fayette County voters.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fayette County Board of Commissioners (Fayette), County

Fayette County Board of Education (Fayette), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $225,000

Content of Injunction:

Preliminary relief granted

Redistricting

Issues

Voting:

Voting: General & Misc.

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution

Race:

Black