Case: May v. City of Montgomery, Alabama

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

May, et al. v. City of Montgomery, Alabama, et al.

Legal Defense Fund

COMPLAINT against all defendants ( Filing fee $ 350.00 receipt number 4602000158.), filed by William Boyd, Janet May, John Dow. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 RECEIPT)(vma, ) (Entered: 08/16/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 RECEIPT

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MOTION for Preliminary Injunction by William Boyd, Janet May, John Dow. (vma, )(No PDF attached; contained within doc. 1 )

Summons Issued as to City of Montgomery, Alabama, summons and complaint returned to counsel for personal service. (vma, ) (Entered: 08/16/2007)

Summons Issued as to Bobby N. Bright, summons and complaint returned to counsel for personal service. (vma, ) (Entered: 08/16/2007)

Order DESIGNATION OF THREE-JUDGE COURT (42 U.S.C. 1973c and 28 U.S.C. 2284) The Requesting Judge, Hon. Myron H. Thompson, to whom an application for relief has been presented in the above cause, having notified me that the action is one required by Act of Congress to be heard and determined by a District Court of three judges, I, J.L. Edmondson, Chief Judge of the Eleventh Circuit, hereby designate Circuit Judge William H. Pryor Jr., and District Chief Judge Mark E. Fuller to serve with the Requesting Judge, Myron H. Thompson, as members of the said Court to hear and determine the action; The designation and composition of the three-judge court is not a prejudgment, express or implied, on whether this case is properly one for a three-judge, rather than a one-judge, court; This matter is best determined by a three-judge court as this approach enables a simultaneous appeal to the Court of Appeals and to the Supreme Court without the delay, awkwardness, and administrative insufficiency of proceeding by way of mandamus from either the Court of Appeals, the Supreme Court, or both, directed against the Chief Judge of the Circuit, the presiding district judge, or both; The parties will be afforded the opportunity to brief and to argue all questions before the three-judge court, either preliminarily or on the trial of the merits, or otherwise, as the Court thinks appropriate.(Dated this 16th day of August, 2007; J.L. Edmondson, Chief of the Eleventh Circuit) (vma, ) (Entered: 08/16/2007)

NOTICE by City of Montgomery, Alabama, Bobby N. Bright Notice of Filing (Attachments: # 1 letter)(Menefee, Larry) (Entered: 08/17/2007)

MOTION for Temporary Restraining Order by William Boyd, Janet May, John Dow. (Attachments: # 1 Affidavit Declaration of Edward Still)(Still, Edward) (Entered: 08/17/2007)

1 Affidavit Declaration of Edward Still

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***Attorney Larry T. Menefee for City of Montgomery, Alabama and Bobby N. Bright, J. Gerald Hebert for City of Montgomery, Alabama, Bobby N. Bright added - per order of 8/17/07 - doc. 5 . (No PDF attached)(vma, )

BRIEF/MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order filed by William Boyd, Janet May, John Dow. (Still, Edward) (Entered: 08/17/2007)

ORDER Setting an on-the-record Scheduling Conference for 8/20/2007 09:00 AM by telephone before Honorable Myron H. Thompson; The clerk of the court is directed to notify attorneys Menefee and Hebert (doc. no. 5 ) of this order; Done, on behalf, and with the approval, of the three-judge court, this the 17th day of August, 2007. Signed by Judge Myron H. Thompson on 8/17/07. (furn: yg hc sc ag)(vma, ) (Entered: 08/17/2007)

SUMMONS Returned Executed by William Boyd, Janet May, John Dow as to Bobby N. Bright served on 8/16/2007, answer due 9/5/2007. (vma, ) (Entered: 08/17/2007)

SUMMONS Returned Executed by William Boyd, Janet May, John Dow as to City of Montgomery, Alabama served on 8/17/2007, answer due 9/6/2007. (vma, ) (Entered: 08/17/2007)

Minute Entry for SCHEDULING CONFERENCE held, with the approval of the three-judge court, before Judge Myron H Thompson and Judge Mark E Fuller on 8/20/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (snc) (Entered: 08/20/2007)

AMENDED COMPLAINT against all defendants, filed by Kenyada S. Adams, Duncan Kirkwood, William Boyd, Janet May, John Dow.(Still, Edward) (Entered: 08/20/2007)

ORDER as follows: 1) The plaintiffs' 5 claim is set for final submission on 8/21/07, at 12:00 noon, with all evidence and briefs due by said date and time; Submission Deadline set for 8/21/2007; with all evidence and briefs due by said date and time; 2) Setting Oral Argument for 8/21/2007 02:00 PM Central Daylight Time by telephone before Honorable Myron H. Thompson; The US Attorney General, or his delegate, is invited to participate as further set out in order; Done, on behalf, and with the approval, of the three-judge court, this the 20th day of August, 2007. Signed by Judge Myron H. Thompson on 8/20/07. (furn: yg hc sc ag)(vma, ) (Entered: 08/20/2007)

***Attorney Jesse Cecil Gardner for Kenyada S. Adams and Duncan Kirkwood, Samuel H. Heldman for Kenyada S. Adams,Duncan Kirkwood added - per doc. 12 . (No PDF attached)(vma, )

MOTION for Preliminary Injunction by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (No PDF attached; contained within doc. 12 )(vma, )

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to all parties; Corporate Disclosures due by 9/5/2007. (Attachments: # 1 standing order and format)(djy, ) (Entered: 08/21/2007)

NOTICE of Appearance by Thomas Christian Herren, Jr., Yvette Rivera, and Jared M. Slade on behalf of United States of America (Herren, Thomas) Modified on 8/22/2007 - to add Attorneys Yvette Rivera and Jared M. Slade to text. (vma, ). (Entered: 08/21/2007)

Submission of Evidence for Preliminary Injunction by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow.. (Attachments: # 1 Exhibit I# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M# 6 Exhibit N# 7 Exhibit O# 8 Exhibit P# 9 Exhibit Q# 10 Exhibit R# 11 Exhibit S)(Still, Edward) Modified on 8/22/2007 - to make text read - Submission of Evidence for Preliminary Injunction (vma, ). Modified on 8/22/2007 - to create relationship to doc. 12 m/preliminary injunction (vma, ). (Entered: 08/21/2007)

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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4 Exhibit L

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5 Exhibit M

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6 Exhibit N

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7 Exhibit O

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8 Exhibit P

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9 Exhibit Q

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10 Exhibit R

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11 Exhibit S

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BRIEF/MEMORANDUM in Support of Preliminary Injunction filed by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Edward) Modified on 8/22/2007 - to create relationship to doc. 12 M/Preliminary Injunction(vma, ). (Entered: 08/21/2007)

BRIEF/MEMORANDUM in Opposition to Injunctive Relief filed by City of Montgomery, Alabama, Bobby N. Bright. (Attachments: # 1 Exhibit Ala Code# 2 Exhibit Report# 3 Exhibit Letter DOJ to Worley# 4 Exhibit Complaint# 5 Exhibit Ala Code# 6 Exhibit City Council Minutes# 7 Exhibit DOJ Submission June 13# 8 Exhibit DOJ Preclearance June 14# 9 Exhibit Affidavit City Clerk# 10 Exhibit UOCAVA Voter list# 11 Exhibit Declaration LMenefee# 12 Exhibit DOJ Objection to King and Park# 13 Exhibit DOJ objection Kilmichel Ms# 14 Exhibit DOJ Objection McComb# 15 Exhibit DOJ Three objection letters# 16 Exhibit DOJ Provisional Objection)(Menefee, Larry) Additional attachment(s) added on 8/21/2007 to add Exhibit 9 PDF document previously omitted by E-Filer (qc/djy, ). Modified on 8/22/2007 - to create relationship to doc. 12 m/preliminary injunction(vma, ). (Entered: 08/21/2007)

1 Exhibit 1 Ala Code

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2 Exhibit 2 Report

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3 Exhibit 3 Letter DOJ to Worley

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4 Exhibit 4 Complaint

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5 Exhibit 5 Ala Code

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6 Exhibit 6 City Council Minutes

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7 Exhibit 7 DOJ Submission June 13

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8 Exhibit 8 DOJ Preclearance June 14

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9 Exhibit 10 Affidavit City Clerk

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10 Exhibit 11 UOCAVA Voter list

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11 Exhibit 12 Declaration LMenefee

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12 Exhibit 13 DOJ Objection to King and Park

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13 Exhibit 14 DOJ objection Kilmichel Ms

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14 Exhibit 15 DOJ Objection McComb

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15 Exhibit 16 DOJ Three objection letters

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16 Exhibit 17 DOJ Provisional Objection

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17 Exhibit 9 DOJ preclearance letter June 2007

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NOTICE of Correction re 18 BRIEF/MEMORANDUM in Opposition to add Exhibit 9 PDF docum ent previously omitted by E-Filer, a copy of which is attached hereto (Attachments: # 1 Exhibit 9 DOJ preclearance letter June 2007 to Docket Entry 18 )(djy, ) (Entered: 08/21/2007)

NOTICE by Janet May CONFLICT DISCLOSURE STATEMENT (Gardner, Jesse) (Entered: 08/21/2007)

Corporate/Conflict Disclosure Statement by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Edward) (Entered: 08/21/2007)

Minute Entry for Oral Argument on Plaintiffs' Section 5 Voting Rights Act claim held before Circuit Judge William H. Pryor, Jr., Judge Mark E. Fuller and Judge Myron H. Thompson on 8/22/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) Modified on 9/11/2007 to correct date held (snc). (Entered: 08/22/2007)

***Attorney Yvette Rivera for United States of America, Jared M. Slade for United States of America added - per doc. 15 . (No PDF attached)(vma, )

NOTICE of Docket Text Correction re 15 Notice of Appearance - Modified on 8/22/2007 - to add Attorneys Yvette Rivera and Jared M. Slade to text. (No PDF attached to this notice)(vma, )

NOTICE of Docket Text Correction re 16 Exhibit List - Modified on 8/22/2007 - to make text read - Submission of Evidence for Preliminary Injunction.(No PDF attached to this notice)(vma, )

NOTICE of Docket Text Correction re 18 BRIEF/MEMORANDUM in Opposition,,, 16 Submission,, 17 BRIEF/MEMORANDUM in Support - Modified on 8/22/2007 - to create relationship to doc. 12 m/preliminary injunction. (No PDF attached to this notice)(vma, )

NOTICE of Docket Text Correction re 16 Exhibit List (The wrong code Exhibit List was used; The correct code evidentiary submission should have been used for this docket entry; This noticed is being sent for future references. (No attachnment to this notice)(vma, )

TRANSCRIPT of Proceedings of In-Chambers Telephone Conference Oral Argument (PDF available for court use only) held on 8/21/07 before Judge Myron H. Thompson. Court Reporter: Reisner. (vma, ) (Entered: 08/23/2007)

NOTICE by United States of America (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2)(Herren, Thomas) (Entered: 08/23/2007)

1 Exhibit Attachment 1

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2 Exhibit Attachment 2

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Second MOTION for Preliminary Injunction on state law claim by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Edward) (Entered: 08/23/2007)

Set/Reset Hearings: Telephone Conference set for 8/23/2007 04:30 PM in by telephone before Honorable Myron H. Thompson. (ag, )

Minute Entry for Telephone Conference re 25 Second Motion for Preliminary Injunction on state law claim held before Judge Myron H. Thompson on 8/23/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 08/23/2007)

OPINION. Signed by Judge William H Pryor Jr., Mark E. Fuller, Myron H. Thompson on 8/24/07. (Attachments: # 1 appeals checklist)(vma, ) (Entered: 08/24/2007)

JUDGMENT it is the Order, Judgment, and Decree of the court as follows: 1) Plaintiffs Janet May, John Dow, William Boyd, Kanyada S. Adams, and Duncan Kirkwood's claim brought under 5 of the Voting Rights Act of 1965, as amended, 42 USC 1973c, is dismissed; 2) Denying as moot The plaintiffs' motions for preliminary injunctions (doc. nos. 1 & 12 and 6 MOTION for Temporary Restraining Order filed by William Boyd, Janet May, John Dow; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge William H Pryor Jr., Mark E. Fuller, Myron H. Thompson on 8/24/07. (Attachments: # 1 appeals checklist)(vma, ) (Entered: 08/24/2007)

OPINION AND ORDER Accordingly, it is Ordered that the plaintiffs' motion for preliminary injunction on their state-law claim (doc. 25 ) is denied without prejudice. Signed by Judge Myron H. Thompson on 8/24/07. (Attachments: # 1 appeals checklist)(vma, ) Modified on 8/24/2007 to show Judge's signature date is 8/24/07; not 8/23/07(vma, ). (Entered: 08/24/2007)

Mail Returned as Undeliverable. Mail sent to J. Gerald Hebert at address: 800 Parkway Terrace, Alexandria, VA 22302; Order of 8/17/07 returned with notation: return to sender; not deliverable as addressed; unable to forward (vma, )

Mail Returned as Undeliverable. Mail sent to J. Gerald Hebert; order of 8/20/07 returned w/notation: return to sender; not deliverable as addressed; unable to forward (vma, )

ANSWER to Amended Complaint by City of Montgomery, Alabama, Bobby N. Bright.(Menefee, Larry) (Entered: 09/05/2007)

Corporate/Conflict Disclosure Statement by City of Montgomery, Alabama, Bobby N. Bright. (Menefee, Larry) (Entered: 09/05/2007)

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 9/28/07; Rule 26 Meeting Report due by 9/28/2007. Signed by Judge Myron H. Thompson on 9/12/07. (vma, ) (Entered: 09/12/2007)

Case reopened (No PDF attached)(vma, )

REPORT of Rule 26(f) Planning Meeting. (Still, Edward) (Entered: 09/20/2007)

First MOTION to Dismiss State Law Claim by City of Montgomery, Alabama, Bobby N. Bright. (Menefee, Larry) (Entered: 09/24/2007)

BRIEF in Support re 34 First MOTION to Dismiss State Law Claim filed by City of Montgomery, Alabama, Bobby N. Bright. (No PDF attached; contained within doc. 34 (vma, )

Mail Returned as Undeliverable. Mail sent to Samuel H. Heldman; order of 8/20/07 returned w/notation: return for carrier endorsement RTS - not at this address; return to sender; not deliverable as addressed; unable to forward. (vma, )

SCHEDULING ORDER: Final Pretrial Conference set for 2/20/2008 before Honorable Myron H. Thompson. Non-Jury Trial set for 3/31/2008 before Honorable Myron H. Thompson. Amended Pleadings due by 10/15/2007. Discovery due by 11/20/2007. Motions due by 11/22/2007. Mediation Notice due by 12/18/2007. Signed by Judge Myron H. Thompson on 9/25/07. (furn: yg hc sc ag)(vma, ) (Entered: 09/25/2007)

ORDER re 34 First MOTION to Dismiss State Law Claim filed by City of Montgomery, Alabama, Bobby N. Bright; Motion Submission Deadline set for 10/18/2007, with all briefs due said date. Signed by Judge Myron H. Thompson on 9/26/07. (vma, ) (Entered: 09/26/2007)

Mail Returned as Undeliverable. Mail sent to Yvette Rivera; mail (order of 8/24/07) returned w/notation: return to sender; not deliverable as addressed; unable to forward (vma, ) Modified on 9/27/2007 -to show order of 8/24/07 returned (vma, ).

Mail Returned as Undeliverable. Mail sent to Yvette Rivera; Order of 9/25/07 returned w/notation: returned to sender; box closed - no order (vma, )

Mail Returned as Undeliverable. 36 Order sent to Yvette Rivera returned with the following USPS notation, "Returned To Sender, Box Closed-No Order." (NO PDF ATTACHED) (wcl, )

BRIEF/MEMORANDUM in Opposition re 34 First MOTION to Dismiss State Law Claim filed by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Edward) (Entered: 10/18/2007)

ORDER denying without prejudice 34 Motion to Dismiss, as further set out in order. Signed by Judge Myron H. Thompson on 10/26/2007. (Attachments: # 1 civil appeals checklist) (wcl, ) (Entered: 10/26/2007)

1 civil appeals checklist

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MOTION to Dismiss or Summary Judgment by City of Montgomery, Alabama, Bobby N. Bright. (Menefee, Larry) (Entered: 11/16/2007)

BRIEF/MEMORANDUM in Support re 39 MOTION to Dismiss or Summary Judgment filed by City of Montgomery, Alabama, Bobby N. Bright. (Menefee, Larry) (Entered: 11/16/2007)

Evidentiary Submission re 39 MOTION to Dismiss or Summary Judgment filed by City of Montgomery, Alabama, Bobby N. Bright. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15)(Menefee, Larry) (Entered: 11/16/2007)

ORDER directing that the 39 MOTION to Dismiss and Alternative Motion for Summary Judgment are set for submission, without oral argument, on 12/14/2007, with any opposing briefs and evidentiary materials due by said date. Signed by Judge Myron H. Thompson on 11/19/2007. (wcl, ) (Entered: 11/19/2007)

MOTION for Partial Summary Judgment by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Attachments: # 1 Exhibit Exhibit T -- Act 2006-354)(Still, Edward) Modified on 11/26/2007 - to make text read " Motion for Partial Summary Judgment) (vma, ). (Entered: 11/23/2007)

1 Exhibit Exhibit T -- Act 2006-354

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BRIEF/MEMORANDUM in Support re 43 MOTION for Partial Summary Judgment filed by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Edward) Modified on 11/26/2007 - to make text read" - BRIEF/MEMORANDUM in Support re 43 MOTION for Partial Summary Judgment (vma, ). (Entered: 11/23/2007)

NOTICE of Docket Text Correction re 43 MOTION for Summary Judgment - Modified on 11/26/2007 - to make text read " Motion for Partial Summary Judgment" (No PDF attached to this notice)(vma, )

NOTICE of Docket Text Correction re 44 BRIEF/MEMORANDUM in Support - Modified on 11/26/2007 - to make text read" - BRIEF/MEMORANDUM in Support re 43 MOTION for Partial Summary Judgment (vma, ). (No PDF attached to this notice)(vma, )

ORDER re 43 MOTION for Summary Judgment filed by Kenyada S. Adams, Duncan Kirkwood, William Boyd, Janet May, John Dow Motion Submission Deadline set for 12/14/2007, with any opposing briefs and evidentiary materials due by said date. Signed by Judge Myron H. Thompson on 11/27/07. (vma, ) (Entered: 11/27/2007)

NOTICE by William Boyd, City of Montgomery, Alabama, Bobby N. Bright, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow re settement meeting of parties (Still, Edward) (Entered: 12/12/2007)

Notice of Mediation and Settlement Conference by William Boyd, City of Montgomery, Alabama, Bobby N. Bright, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow (NO PDF document attached-See Docket Entry 46 ). (djy, )

BRIEF/MEMORANDUM in Opposition re 43 MOTION for Summary Judgment, 44 BRIEF/MEMORANDUM in Support, Partial Summary Judgement filed by City of Montgomery, Alabama, Bobby N. Bright. (Menefee, Larry) (Entered: 12/14/2007)

Evidentiary Submission re 47 BRIEF/MEMORANDUM in Opposition to Partial Summary Judgment filed by City of Montgomery, Alabama, Bobby N. Bright. (Attachments: # 1 Exhibit Exhibit 16# 2 Exhibit Exhibit 17# 3 Exhibit Exhibit 18# 4 Exhibit Exhibit 19# 5 Exhibit Exhibit 20# 6 Exhibit Exhibit 21# 7 Exhibit Exhibit 22)(Menefee, Larry) (Entered: 12/14/2007)

ORDER directing that if the parties desire to participate in mediation, they are to contact the undersigned's chambers no later than 12/21/07. Signed by Judge Wallace Capel Jr. on 12/14/07. (djy, ) (Entered: 12/14/2007)

BRIEF/MEMORANDUM in Opposition re 39 MOTION to Dismiss or Summary Judgment filed by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Still, Wilson) (Entered: 12/14/2007)

Evidentiary Submission filed by William Boyd, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Attachments: # 1 Exhibit U- Byars depo# 2 Exhibit 1 to Byars depo# 3 Exhibit 2 to Byars depo# 4 Exhibit 3 to Byars depo# 5 Exhibit 4 to Byars depo# 6 Exhibit V - Reed depo# 7 Exhibit W - Ala Statewide Student Database# 8 Exhibit X - Colleges' responses to subpoenas)(Still, Wilson) (Entered: 12/14/2007)

ORDER Final Pretrial Conference set for 2/20/2008 10:40 AM in chambers before Honorable Myron H. Thompson. Proposed Pretrial Order due by 2/15/2008. Non-Jury Trial set for 3/31/2008 before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 1/18/08. (furn: yg hc ag sc)(vma, ) . (Entered: 01/18/2008)

Joint MOTION to Stay Pretrial Conference and Scheduling Order by William Boyd, City of Montgomery, Alabama, Bobby N. Bright, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Menefee, Larry) (Entered: 01/29/2008)

ORDER Resetting Non-Jury Trial from 3/31/08 to 4/14/2008 before Honorable Myron H. Thompson, with all deadlines expressly tied to this date adjusted accordingly. Signed by Judge Myron H. Thompson on 1/29/08. (furn: yg hc sc ag)(vma, ) (Entered: 01/29/2008)

Minute Entry for Pretrial Conference held before Judge Myron H. Thompson on 2/20/2008 (No PDF attached). (ag, )

Joint MOTION for Settlement by William Boyd, City of Montgomery, Alabama, Bobby N. Bright, Janet May, Kenyada S. Adams, Duncan Kirkwood, John Dow. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal)(Menefee, Larry) (Entered: 02/26/2008)

1 Text of Proposed Order Proposed Order of Dismissal

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JUDGMENT it is the Order, Judgment, and Decree of the court that the 55 Joint MOTION for Settlement filed by Kenyada S. Adams, City of Montgomery, Alabama, Duncan Kirkwood, Bobby N. Bright, William Boyd, Janet May, John Dow is granted and that this cause is dismissed in its entirety as follows: 1) The plaintiffs' claim under 2 of the Voting Rights of 1965, as amended, 42 USCA 1973, is dismissed with prejudice; 1) The plaintiffs' claim under state law is dismissed without prejudice; It is further Ordered that the parties will attempt to negotiate a resolution of plaintiffs' request for attorney fees and costs, and that, unless plaintiffs file a motion with a court, on or before 3/26/08, for attorneys fees and costs, said request will be denied without prejudice; It is further Ordered that all outstanding motions are denied as moot; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge Myron H. Thompson on 2/28/08. (Attachments: # 1 appeals checklist)(furn: yg hc sc ag) (Term: Non-Jury Trial 04/14/2008)(vma, ) (Entered: 02/28/2008)

ORDER Pursuant to the judgment entered on 2/28/08 doc. 56, it is ORDERED that plaintiff's request for attorneys fees and costs is denied without prejudice. Signed by Judge Myron H. Thompson on 4/7/08. (vma, ) (Entered: 04/07/2008)