Case: Allen v. The City of Evergreen

1:13-cv-00107 | U.S. District Court for the Southern District of Alabama

Filed Date: Aug. 6, 2012

Clearinghouse coding complete

Case Summary

On August 6, 2012, several black voters who were residents of Evergreen, Alabama filed a complaint in the United States District Court for the Southern District of Alabama to protect their rights with regard to what they alleged to be unconstitutional and discriminatory voting districts. Plaintiffs were represented by private counsel. As alleged in the Complaint, despite 56.76 percent of the City of Evergreen’s voting age population (and 62.55 percent of the overall population) being black, the…

On August 6, 2012, several black voters who were residents of Evergreen, Alabama filed a complaint in the United States District Court for the Southern District of Alabama to protect their rights with regard to what they alleged to be unconstitutional and discriminatory voting districts. Plaintiffs were represented by private counsel. As alleged in the Complaint, despite 56.76 percent of the City of Evergreen’s voting age population (and 62.55 percent of the overall population) being black, the Plaintiffs alleged that black residents were intentionally and systematically moved out of two of the five city voting districts so as to create a non-black voting majority in the City of Evergreen. Under a 2001 district plan (the “2001 Plan”), two districts were overpopulated by more than five percent, thus amounting to a violation of the Constitution as addressed by the Supreme Court most recently in Larios v. Cox, 300 F.Supp.2d 1320 (N.D. Ga. 2004), aff’d mem., 542 U.S. 947 (2004). 

When the claimed discriminatory provisions of the 2001 Plan were challenged, the Evergreen City Council adopted a new plan (the “2012 Plan”) in May of 2012. According to the Complaint,  the 2012 Plan was adopted without a public hearing and accordingly in violation of the Alabama Open Meetings Act. Further, the 2012 Plan, in order to create voting lists, cross-referenced voter registration with city utility customer lists. Under this new provision, only those persons registered to vote who appeared on the list of city utility customers were permitted to vote in the upcoming August 28, 2012 election. Voters who did not meet this criteria—referred to as “Problem Voters” by the city—could vote only by proving their residence within the city before or on Election Day, creating additional burdens to cast a vote in city elections. Further, Plaintiffs feared the possibility that non-residents owning rental property would be permitted to cast a vote in the election despite non-eligibility as a result of the new system. According to the Complaint, more than 42 percent of one of the majority-black voting districts was on the “Problem Voter” list. 

Despite these outlined concerns, the City of Evergreen sought to implement the 2012 Plan in City elections held just three months after passage. Of importance, the City had failed to receive preclearance from the United States Attorney General or declaratory judgment from the United States District Court for the District of Columbia, in contravention of Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. Pertinently, Section 5 as enacted at the time, required preclearance for any “voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting” different from that in force or in effect on November 1, 1964. In other words, in order to implement the 2012 Plan for the upcoming election, the City of Evergreen was required to receive preclearance from the United States Attorney General or by declaratory judgment from the United States District Court for the District of Columbia. The City of Evergreen, though it had submitted the 2012 Plan to the Attorney General on June 15, 2012 (and later supplemented with additional information on July 23 and 30, 2012), sought to implement the 2012 Plan despite knowledge that preclearance would not be obtained prior to the August 28, 2012 election. Plaintiffs brought suit as a result. 

In their complaint, the Plaintiffs alleged 1) the 2012 Plan could not be legally administered due to the lack of preclearance as required by Section of the Voting Rights Act; 2) the procedure for identifying “Problem Voters” could not be legally administered for the same reason; 3) the 2012 Plan, if carried out, would deny Plaintiffs equal protection of the laws in violation of the Equal Protection Clause of the 14th Amendment; 4) the 2012 Plan, if carried out, would constitute an abridgement of privileges and immunities guaranteed by the 14th Amendment; and 5) the 2012 Plan violated Section 2 of the Voting Rights Act because it was adopted with a racially discriminatory purpose. As such, Plaintiff sought a declaratory judgment that the City of Evergreen’s actions were legally unenforceable and requested an order enjoining the City from putting the 2012 Plan into effect, declaring the “Problem Voter” method unlawful and enjoining the City from using the same, and ordering the City to reschedule the August 28, 2012 election. Simultaneously, Plaintiffs sought similar determinations that the previous 2001 Plan was unconstitutional for districting malapportionment and asking that the Court enjoin its use as well. 

On August 20, 2012, Plaintiffs filed a Partial Consent Agreement to delay the upcoming municipal election until December of the same year. The Court thereafter appointed a special master pursuant to Rule of Federal Rule of Civil Procedure 53. Pursuant to the Order entered on September 6, 2012, the special master was appointed specifically to supervise conduct of the rescheduled election and train city officials on proper laws and procedures for municipal elections, to be compensated by the City of Evergreen. 

By Motion dated December 12, 2012, the Plaintiffs asked for entry of a court-ordered redistricting plan and submitted their own plan for consideration in the interim. The Court thereafter appointed a three-judge panel within the Eleventh Circuit. Upon consideration of the case and by Order dated February 11, 2013, the three-judge panel vacated the previous partial consent order and enjoined the Defendants from implementing the redistricting plan or the voter eligibility procedures unless and until Section 5 preclearance was obtained, because Section 5 prohibited implementation of the same without preclearance. 

On February 26, 2013 Plaintiffs once again moved for the entry of a new redistricting plan and election schedule, and the Court ordered Defendants to respond by March 11, 2023. By their response, Defendants asserted that a special election could not be timely held and asked the Court to refer the matter back to the Special Master for a determination as to when the election could be held. Finding that the Plaintiff’s plan “satisfies all of the requirement of federal law” and noting that the Defendants had failed to rebut or distinguish the presence of indicia of discrimination set forth by the Plaintiffs, the Court granted Plaintiff’s motion for a court-ordered redistricting plan and election schedule and ordered an election to be held in compliance with the Plaintiff’s offered plan eight weeks from the date of the Court’s March 20, 2013 Order. 2013 WL 1163886. See Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266-68 (1977). 

The Defendants on April 17, 2013 filed a motion to alter or amend, asking that the special election be delayed another four weeks. The Court, however, denied the relief sought by the Defendants and directed that the special election go forward on the scheduled date.  The court also ordered the Defendants to “give all assistance to the Special Master” to ensure that the special election could go forward. The Court subsequently issued a second Order on April 29, 2013 that extended the election date to June 18, 2013 and ordered notice of the election to begin on May 2, 2013. 

With the special election scheduled, Plaintiffs subsequently moved for relief relating to absentee ballot procedures in certain districts, and specifically alleged that two individuals claiming to represent a certain mayoral candidate when they in fact were not had filled in votes on behalf of black voters for mayoral candidates whom they did not wish to vote for. The Court by June 11, 2013 Order denied the motion, determining that it did not have jurisdiction over the alleged election offenses. Specifically, the Court determined that the two individuals against which the allegations were made had no connection to any parties within the pending litigation and were not encouraged by city officials to do so. 

Plaintiffs thereafter moved for partial summary judgment as to alleged constitutional violations. Defendants opposed the motion on the grounds that Plaintiff’s claims were moot and that the Court itself had been divested of jurisdiction and accordingly sought dismissal of the action. While those motions remained pending, the Court on December 2, 2013 ordered the Defendants to pay Plaintiffs’ attorney fees and expenses totaling $138,643. Thereafter on January 13, 2014, the Court awarded Plaintiffs summary judgment, ordering appointment of federal observers from the date of the Order until December 21, 2020 as authorized by Section 3(a) of the Voting Rights Act, and retaining jurisdiction of the matter through that date for the purpose of supervising the enforcement of the Order. 2014 WL 12607819.

Although that date has since run, it does not appear the matter has been closed. 

Summary Authors

Connor Hicks (11/20/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4996681/parties/allen-v-the-city-of-evergreen-alabama/


Judge(s)

Granade, Callie V. (Alabama)

Attorney for Plaintiff
Attorney for Defendant

Anderson, Jesse Kirk (Alabama)

Anderson, James H. (Alabama)

Expert/Monitor/Master/Other

Eppsteiner, George (Alabama)

Estes, Bert (Alabama)

show all people

Documents in the Clearinghouse

Document
1

1:13-cv-00107

Complaint

Allen v. City of Evergreen

Aug. 6, 2012

Aug. 6, 2012

Complaint
8

1:13-cv-00107

Partial Consent Agreement

Allen v. City of Evergreen

Aug. 20, 2012

Aug. 20, 2012

Settlement Agreement
13

1:13-cv-00107

Order Appointing Special Master

Allen, Et Al V. The City Of Evergreen, , Et Al

Sept. 6, 2012

Sept. 6, 2012

Order/Opinion
20

1:13-cv-00107

Motion for Entry of Court-Ordered Redistricting Plan

Allen v. City of Evergreen

Dec. 12, 2012

Dec. 12, 2012

Pleading / Motion / Brief
21

1:13-cv-00107

Brief of Points and Authorities in Support of Motion for Court-Ordered Redistricting Plan

Allen, Et Al V. The City Of Evergreen, , Et Al

Dec. 12, 2012

Dec. 12, 2012

Pleading / Motion / Brief
24

1:13-cv-00107

Partial Consent Agreement to a New Election Date

Allen v. City of Evergreen

Dec. 14, 2012

Dec. 14, 2012

Settlement Agreement
25

1:13-cv-00107

Order

Allen, Et Al V. The City Of Evergreen, , Et Al

Dec. 17, 2012

Dec. 17, 2012

Order/Opinion
31

1:13-cv-00107

Plaintiffs’ Reply to Defendants’ Objection to Amended Motion for a Court-Ordered Redistricting Plan

Allen, Et Al V. The City Of Evergreen, , Et Al

Jan. 26, 2013

Jan. 26, 2013

Pleading / Motion / Brief
32

1:13-cv-00107

Order

Allen v. City of Evergreen

Feb. 1, 2013

Feb. 1, 2013

Order/Opinion
36

1:13-cv-00107

Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule

Allen, Et Al V. The City Of Evergreen, , Et Al

Feb. 26, 2013

Feb. 26, 2013

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4996681/allen-v-the-city-of-evergreen-alabama/

Last updated March 9, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs, filed by Dan Allen. (Pitters, Amardo) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

Clearinghouse
2

NOTICE of Filing Proposed Summons by Dan Allen (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons, # 7 summons) (Pitters, Amardo) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
4

Filing fee: $ 350, receipt number 24789 (adk) (Entered: 08/07/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
3

Summons Issued as to Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, Luther Upton, Pete Wolff, III.. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (Attachments: # 1 Summons Fountain, # 2 Summons Harris, # 3 Summons Wolff, # 4 Summons Skinner, # 5 Summons Skipper, # 6 Summons Upton) (adk) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
5

MOTION for John K. Tanner to Appear Pro Hac Vice by Dan Allen. (Attachments: # 1 Exhibit) (Tanner, John) (Additional attachment(s) added on 8/16/2012: # 2 PHV Fee, Rec # 24912) (sdb). (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
6

ENDORSED ORDER granting 5 MOTION for John K. Tanner to Appear Pro Hac Vice by Dan Allen. Signed by Senior Judge Charles R. Butler, Jr on 8/16/2012. (aen) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
7

Joint MOTION for Consent Decree by Dan Allen, Vivian Fountain, Maxine Harris, Alberta Lee, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Bobby Watkins, Pete Wolff, III. (Anderson, James) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
8

PARTIAL CONSENT AGREEMENT re: 7 Joint MOTION for Consent Decree to resolve the issues under Section 5 of the Voting Rights Act and specifically to prevent the August 28, 2012 municipal election from being held in violation of federal law and to develop procedures for a special city election to be held on December 15, 2012 as further set out; Signed by Senior Judge Charles R. Butler, Jr on 8/20/2012. (mjn) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

Clearinghouse
9

NOTICE of Appearance by Jesse Kirk Anderson on behalf of Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III (Anderson, Jesse) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER

Case Reassigned to Judge Callie V. S. Granade. Senior Judge Charles R. Butler, Jr no longer assigned to the case. (adk)

Aug. 21, 2012

Aug. 21, 2012

PACER
10

Joint MOTION for Entry of Order on Election Supervision, by Dan Allen, Vivian Fountain, Maxine Harris, Alberta Lee, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Bobby Watkins, Pete Wolff, III. (Tanner, John) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
11

NOTICE of Endorsement by Dan Allen re: 10 Joint MOTION for Entry of Order on Election Supervision (Tanner, John) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
13

ORDER APPOINTING Bert Estes as Special Master as set out. Signed by Judge Callie V. S. Granade on 9/6/2012. (tot) (Entered: 09/07/2012)

Sept. 6, 2012

Sept. 6, 2012

Clearinghouse
12

NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
14

NOTICE OF FILING Special Master Report for October 2012 filed by Defendant The City of Evergreen, Alabama. (Anderson, James) Modified on 11/5/2012 (tot). (Main Document 14 replaced on 11/6/2012) (tot). (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
15

Document endorsed NOTED by Judge Callie V. S. Granade: 14 Notice of Filing Special Master Report for October 2012. (mab) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
16

Joint Application for Three-Judge Court and Supporting Points and Authorities by Dan Allen. (Pitters, Amardo) Modified on 12/7/2012 (mab). (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
17

Joint MOTION for New Election Schedule & Supporting Points and Authorities by Dan Allen. (Tanner, John) Modified on 12/10/2012 (tot). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
18

NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
19

NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
20

MOTION for Entry of Court-Ordered Redistricting Plan by Dan Allen. (Attachments: # 1 Text of Proposed Order) (Pitters, Amardo) Superseded by Doc. 22 . (Entered: 12/12/2012)

1 Text of Proposed Order

View on RECAP

Dec. 12, 2012

Dec. 12, 2012

Clearinghouse
21

Brief of Points and Authorities in Support of 20 Motion for Court-Ordered Redistricting Plan, filed by Dan Allen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Pitters, Amardo) Modified on 12/12/2012 (mab). (Entered: 12/12/2012)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Exhibit

View on RECAP

4 Exhibit

View on RECAP

5 Exhibit

View on RECAP

Dec. 12, 2012

Dec. 12, 2012

Clearinghouse
22

Amended MOTION for Entry of Court-Ordered Redistricting Plan filed by Dan Allen. (Attachments: # 1 Text of Proposed Order, # 2 Errata) (Pitters, Amardo) Modified on 12/13/2012 (tot). (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
23

Brief of Points & Authorities in Support of Motion for Court-Ordered Redistricting Plan filed by Dan Allen . (Attachments: # 1 Errata) (Pitters, Amardo) Modified on 12/13/2012 (tot). (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
24

PARTIAL CONSENT AGREEMENT TO A NEW ELECTION DATE, that part of the Court's 8 Order dated 8/20/12 setting the City of Evergreen election 12/15/12 is VACATED as to the election date, & the election date only. City of Evergreen is ENJOINED to conduct a new special election on 2/26/13 as set out. Special Master is authorized & directed to file a Final Report upon the completion of his duties as set out. Signed by Judge Callie V. S. Granade on 12/14/2012. (tot) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

Clearinghouse
25

Three Judge Panel Assigned by 11th Circuit Chief Judge Joel F. Dubina. Circuit Judge Ed Carnes, District Judges Callie Granade and Kristi DuBose designated as further set out. (jlr) (Entered: 12/22/2012)

Dec. 17, 2012

Dec. 17, 2012

Clearinghouse
26

Order re: Plfs' 22 Amended MOTION for Entry of Court-Ordered Redistricting Plan. Hearing set for 1/28/2013 at 10:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before three-judge panel. Any response to Plfs' motion is to be filed NLT 1/22/2013. Signed by Judge Callie V. S. Granade on 1/14/2013. (tot) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
27

NOTICE of Appearance by Dorman Walker on behalf of Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III (Walker, Dorman) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
28

MOTION for Continuance of Response Deadline by Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
29

ENDORSED ORDER granting 28 Motion for Continuance of response deadline. Defendants' response to plaintiff's 22 amended motion for entry of court-ordered redistricting plan shall be filed no later than January 24, 2013. Signed by Judge Callie V. S. Granade on 1/23/2013. (mab) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
30

Objection to Amended Motion for a Court-Ordered Redistricting Plan filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

RECAP
31

REPLY to 30 Objection filed by Dan Allen. (Tanner, John) (Entered: 01/26/2013)

Jan. 26, 2013

Jan. 26, 2013

Clearinghouse

Minute Entry for proceedings held before Judge Ed Carnes, Judge Kristi K. DuBose and Judge Callie V. S. Granade: Hearing held on 1/28/2013 re 22 Amended MOTION for Entry of Court-Ordered Redistricting Plan filed by Dan Allen, et al. Court Reporter Roy Isbell. (mab)

Jan. 28, 2013

Jan. 28, 2013

PACER
32

Three Judge Panel Order VACATING 24 Partial Consent Agreement and ENJOINING Defendant's as further set out. Signed by Circuit Judge Ed Carnes, District Judge Callie V.S. Granade, and District Judge Kristi K. DuBose on 2/1/2013. (jlr) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

Clearinghouse
33

STATUS REPORT (Joint) by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton. (Walker, Dorman) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
34

Document endorsed NOTED by Judge Callie V. S. Granade: Status Report 33 filed by Diane Skipper, Becky B. Robinson, Maxine Harris, John Skinner, Jr., Vivian Fountain, Pete Wolff, III, Luther Upton, The City of Evergreen, Alabama (Granade, Callie) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
35

STATUS REPORT (Joint) by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton. (Walker, Dorman) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
36

Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Tanner, John) (Entered: 02/26/2013)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Feb. 26, 2013

Feb. 26, 2013

Clearinghouse
37

Order re: Plf's 36 MOTION for Entry of Plan and Election Schedule. Dfts' response due NLT 3/11/2013 as set out. Any reply by Plfs should be filed NLT 3/15/2013. The Clerk of Court is DIRECTED, once this order has been docketed, to copy all docket entries currently existing in this case into a newly-numbered case under the same style. Any future pleadings & orders shall be docketed in the newly-numbered case unless they pertain to the injunction entered by the three-judge panel in this case. Signed by Judge Callie V. S. Granade on 3/1/2013. (tot) (Entered: 03/04/2013)

March 1, 2013

March 1, 2013

Clearinghouse

Remark: 1:13-cv-107 opened in compliance with the Court's 37 order - future pleadings and orders to be docketed in this case unless they pertain to the injunction entered by the three-judge panel in 1:12-cv-496. (mab)

March 4, 2013

March 4, 2013

PACER
38

MOTION to Continue Court Deadlines by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
39

ENDORSED ORDER granting Defendants' 38 MOTION to Continue Court Deadlines. Defendants' response to Plaintiffs' 36 Renewed MOTION for Entry of Court-ordered Redistricting Plan and Special Election Schedule due no later than 3/14/2013. Plaintiffs' reply due no later than 3/20/2013. Signed by Judge Callie V. S. Granade on 3/6/2013. (mab) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
40

NOTICE by Dan Allen (Attachments: # 1 Exhibit Declaration of Jerome Gray) (Tanner, John) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
41

CERTIFICATE OF SERVICE by Dan Allen re 40 Notice (Other) (Tanner, John) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
42

RESPONSE to 36 Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule filed by The City of Evergreen, Alabama, et al; referred to Judge Granade (mab) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

Clearinghouse
43

RESPONSE to 40 Notice (Other) of Supplemental Information filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton. (Attachments: # 1 Affidavit John Skinner, # 2 Affidavit Luther Upton, # 3 Affidavit Pete Wolffe) (Walker, Dorman) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
44

REPLY to Response to Motion 36 filed by Dan Allen. (Tanner, John) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
45

ORDER granting Plaintiffs' 36 renewed motion for entry of court-ordered redistricting plan and election schedule. Signed by Judge Callie V. S. Granade on 3/20/2013. (Attachment: # 1 Exhibit 1) (mab) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

Clearinghouse
46

Joint MOTION for Extension of Time for Filing for Fees and Costs by Dan Allen. (Tanner, John) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
47

ORDER granting 46 Joint Motion for an Order holding in abeyance the filing of any motions for attorneys' fees, expenses and costs pending the completion of the special election ordered by the Court on March 20, 2013. Proposed schedule or proposed schedules with accompanying memorandum as set forth in order due from the parties, within ten days of the date of the special election and any necessary run off. Signed by Judge Callie V. S. Granade on 4/5/2013. (mab) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
48

MOTION to Alter or Amend by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Attachments: # 1 Exhibit 1) (Walker, Dorman) (Entered: 04/17/2013)

1 Exhibit 1

View on PACER

April 17, 2013

April 17, 2013

PACER
49

ENDORSED ORDER re: 48 Defendants' Motion to Alter or Amend. The plaintiff's are ORDERED, no later than Tuesday, April 23, 2013, to specify any objections they have to the adjustments in the election schedule which the Special Master deems necessary to ensure the orderly conduct of the election. Signed by Judge Callie V. S. Granade on 4/17/2013. (mab) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
50

Plaintiffs' Response to Defendants' 48 Motion to Alter or Amend and Cross-Motion for Supplemental Order on Conduct of Election filed by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Tanner, John) Modified on 4/22/2013 (mab). (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
51

RESPONSE to 50 Response in Opposition to Motion to Alter or Amend filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
52

ORDER denying Defendants' 48 Motion to alter or amend; and granting Plaintiffs' 50 cross-motion for supplemental order. The May 21, 2013 special election date for the City of Evergreen is reconfirmed and the election shall go forward on that date. Defendants are ENJOINED to give all assistance to the Special Master who shall ensure the requirements as set forth in order. It is further ORDERED that the parties shall not contact the Special Master, nor shall the Special Master contact any party or party representative without notice to and participation of both parties, unless both participation is specially waived. Signed by Judge Callie V. S. Granade on 4/24/2013. (Attachment: # 1 List of Eligible Voters) (mab) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

Clearinghouse

Set Hearing: Telephone Conference set for 4/25/2013 at 2:15 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab)

April 25, 2013

April 25, 2013

PACER

Minute Entry for proceedings held before Judge Callie V. S. Granade: Telephone Conference held on 4/25/2013 re: election schedule. Court Reporter Roy Isbell. (mab)

April 25, 2013

April 25, 2013

PACER
53

ENDORSED ORDER, Based upon the representations by the parties and the Special Master during today's telephone conference, the Order (Doc. 52 ) dated April 24, 2013, is hereby RESCINDED. A new telephone conference with the parties will be set for Monday afternoon, April 29, 2013, at 3:30 pm. Signed by Judge Callie V. S. Granade on 4/25/2013. (mab) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER

Set Hearing: Telephone Conference set for 4/29/2013 at 3:30 PM, Central Time, in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (Note: to Special Master and counsel: please dial 251-694-4296 and access the conference using Passcode 418000.) (mab)

April 25, 2013

April 25, 2013

PACER

Minute Entry for proceedings held before Judge Callie V. S. Granade: Telephone Conference re: election scheduled held on 4/29/2013. Court Reporter Mary Frances Giattina. (mab)

April 29, 2013

April 29, 2013

PACER
54

ORDER, telephonic hearings held 4/25/2013 & 4/29/2013. Defendants' 48 Motion to alter or amend is GRANTED. The date for the municipal election for the City of Evergreen is hereby scheduled for June 18, 2013. Parties will hereafter abide by all additional dates for the election and any needed run-off election as set out in the Special Master's affidavit attached to motion (Doc. 48-1), with exception that notice of the election will begin on 5/2/2013, rather than 4/25/2013. The qualifying period for candidates ended on 4/8/2013, and will not be re-opened. (copy to Special Master). Signed by Judge Callie V. S. Granade on 4/29/2013. (mab) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

Clearinghouse
55

MOTION Further Relief as to Certain Absentee Ballots by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Tanner, John) (Entered: 06/07/2013)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

June 7, 2013

June 7, 2013

Clearinghouse
56

Order, directing defendants to file a response to plaintiffs' 55 MOTION for Further Relief as to Certain Absentee Ballots on or before 5:00 p.m., Monday, June 10, 2013. Signed by Judge Callie V. S. Granade on 6/7/2013. (mab) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
57

RESPONSE to 55 MOTION Further Relief as to Certain Absentee Ballots filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Attachments: # 1 Affidavit) (Walker, Dorman) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
58

REPLY to Response to Motion 55 for further Relief as to Certain Absentee Ballots filed by Dan Allen. (Attachments: # 1 Exhibit 1) (Tanner, John) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
59

ORDER DENYING Plf's 55 Motion for Further Relief as to Certain Absentee Ballots as set out. Signed by Judge Callie V. S. Granade on 6/11/2013. (tot) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

Clearinghouse
60

MOTION for Summary Judgment & MOTION for Relief Under Section 3 by Dan Allen. (Attachments: # 1 Exhibit 1 2010 population, # 2 Exhibit 2 CDEC objection) (Tanner, John). (Added MOTION on 9/11/2013) (tot). (Entered: 08/01/2013)

1 Exhibit 1 2010 population

View on PACER

2 Exhibit 2 CDEC objection

View on PACER

Aug. 1, 2013

Aug. 1, 2013

Clearinghouse
61

Order re 60 MOTION for Summary Judgment and Section 3 Relief; setting response times as follows: Response to M/SJ and for Section 3 Relief due by 8/22/2013. Reply to Response to S/J and for Section 3 Relief due by 9/5/2013. Motions to be taken under submission on 9/6/2013. Signed by Judge Callie V. S. Granade on 8/5/2013. (mab) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
62

ORDER, directing defendants file their answer to the remaining claims not later than 8/19/2013. Signed by Judge Callie V. S. Granade on 8/5/2013. (mab) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
63

Joint MOTION for Extension of Time; Referred to Judge Callie V. S. Granade. (mab) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
64

ENDORSED ORDER granting 63 Joint Motion for Extension of Time. Defendants' response to 61 motion for summary judgment and for Section 3 relief due by 9/3/2013. Plaintiffs' reply to response is due by 9/10/2013. The parties are to meet and confer with regard to attorneys' fees, expenses and costs related to the special election by October 14, 2013, and are to submit their proposed joint schedule, or separate schedules with accompanying memorandum (not to exceed 5 pages) not later than 10/24/2013. Signed by Judge Callie V. S. Granade on 8/6/2013. (mab) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
65

NOTICE by Dan Allen of Errata in 60 Motion for MSJ and Section 3 Relief (Attachments: # 1 Errata Corrected) (Tanner, John) Modified on 8/7/2013 (tot). (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
66

NOTICE by Bert Estes Final Report of the Special Master (Anderson, James) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
67

MOTION to Dismiss & RESPONSE to 60 MOTION for Summary Judgment and For Relief Under Section 3 Relief filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) Modified on 9/11/2013 (tot). (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

Clearinghouse
68

ORDER, directing the defendants to file an answer to the remaining claims by 9/11/2013, or SHOW CAUSE why they have failed to comply with the court's 62 order. Signed by Judge Callie V. S. Granade on 9/4/2013. (mab) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
69

REPLY to Response to Motion 60 for Summary Judgment and Section 3 Relief and Response to Motion to Dismiss filed by Dan Allen. (Tanner, John) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

Clearinghouse
70

ANSWER to 1 Complaint by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

Clearinghouse
71

Joint Report to the Court and MOTION for an additional two weeks, by 11/7/2013, to settle claims for fees, expenses, and costs, filed by Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) Modified on 10/24/2013 (mab). (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

Clearinghouse
72

ENDORSED ORDER, the parties' 71 Joint Report to the Court is NOTED, and the Motion for Extension of Time is GRANTED. The parties' are to submit their proposed joint schedule, or separate schedules with accompanying memorandum (not to exceed 5 pages) regarding attorneys' fees, expenses and costs related to the special election not later than November 7, 2013. Signed by Judge Callie V. S. Granade on 10/25/2013. (mab) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
73

Joint Report to Court, and Motion for extension of time until 11/15/2013, to submit proposed order resolving matter, filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
74

ENDORSED ORDER granting the parties' 73 request to submit a proposed order regarding attorneys' fees, expenses, and costs related to he special election by November 15, 2013. Signed by Judge Callie V. S. Granade on 11/8/2013. (mab) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
75

MOTION to Continue by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
76

ENDORSED ORDER, GRANTING 75 MOTION to Continue. The parties' proposed order regarding attorneys' fees, expenses, and costs related to he special election is to be submitted no later than 11/20/2013. Signed by Judge Callie V. S. Granade on 11/15/2013. (mab) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
77

MOTION to Continue by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
78

ENDORSED ORDER granting 77 Motion to Continue. The parties' proposed order regarding attorneys' fees, expenses, and costs related to he special election is to be submitted no later than 11/27/2013. Signed by Judge Callie V. S. Granade on 11/20/2013. (mab) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
79

Order, directing the City of Evergreen to pay fees and expenses of counsel for plaintiffs in the amounts as set forth in the order. Signed by Judge Callie V. S. Granade on 12/2/2013. (mab) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

Clearinghouse
80

ORDER, directing the parties to file a written pleading advising the court of the status of case by 1/16/2014. Signed by Judge Callie V. S. Granade on 1/9/2014. (mab) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
81

Joint MOTION to Enter Order by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
82

ORDER, granting 60 Motion for Summary Judgment and Motion for Relief under Section 3 of the Voting Rights Act. Signed by Judge Callie V. S. Granade on 1/13/2014. (mab) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

Clearinghouse
83

JUDGMENT entered in favor of Alberta Lee, Dan Allen, Vivian Fountain against The City of Evergreen, Alabama, Becky B. Robinson, Diane Skipper, John Skinner, Jr., Luther Upton, Maxine Harris, Pete Wolff, III, Vivian Fountain as to Claims III and IV of the Complaint and as to the Section 3 of the Voting Rights Act claim. There being no further issues pending before the court, this action is closed. The court retains jurisdiction for the purposes stated in order (Doc. 82 ). Signed by Judge Callie V. S. Granade on 1/13/2014. (mab) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

Clearinghouse
84

NOTICE by United States of America Filing Federal Observer Reports (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Eppsteiner, George) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER

Document Referred

Feb. 3, 2017

Feb. 3, 2017

PACER

Order - Document NOTED

Feb. 3, 2017

Feb. 3, 2017

PACER

REFERRAL OF 84 Notice of Filing Federal Observer Report for the August 23, 2016, Election to Judge Granade. (tot)

Feb. 3, 2017

Feb. 3, 2017

PACER
85

Document endorsed NOTED by Senior Judge Callie V. S. Granade: 184 United States' Notice of Filing of Federal Observer Reports for the August 23, 2016 Election (mab) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 6, 2012

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Three private individuals in Evergreen, Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Evergreen, Alabama (Evergreen, Conecuh), City

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)

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $119,893.00

Order Duration: 2014 - 2020

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution

Voting: General & Misc.