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CASE SKELETON DOCKETED. COMPLETE DOCKET ENTRIES BEGIN 1998. FOR COMPLETE HISTORY PRIOR TO 1998 REFER TO HARD COPY DOCKET. (djy)
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June 12, 1968
|
June 12, 1968
PACER
|
1
|
COMPLAINT; preliminary and permanent injunctions. (djy) (Entered: 04/25/2001)
|
June 12, 1968
|
June 12, 1968
PACER
|
21
|
ORDER denying defs' motions to dismiss. Copies hand to US Atty and Gordon Madison; mailed to other counsel. (djy) (Entered: 04/25/2001)
|
Aug. 16, 1968
|
Aug. 16, 1968
PACER
|
64
|
MEMORANDUM OPINION. (djy) (Entered: 04/25/2001)
|
July 28, 1970
|
July 28, 1970
Clearinghouse
|
65
|
DECREE. Defendants enjoined from discriminatory employment practices as set out in this decree; ordered to offer named Negro applicants first available position in are of geographical availability in a classification and at a rate of pay which they would now have but for racial discrimination found in opinion and order; defendants also enjoined from racially discriminatory treatment of Negro employees; ordered to make records available for inspection and copying by representatives of US during normal business hours upon reasonable notice. Jurisdiction specifically ratained; costs taxed against defendants. Copies handed to local counse; mailed to out of town counsel. (djy) (Entered: 04/25/2001)
|
July 28, 1970
|
July 28, 1970
PACER
|
75
|
ORDER amending the following sections of the decree entered in this cause on 7-28-70: Section V(1) (Changed so that defendants are to make temporary appointments so that the ratio of black to white temporary apointments each year is substantially the same as such ratio is for the Negro and white population of the State. Defendants to file repor ton same annually on or before Sept. 15); Section VI (1). copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Aug. 21, 1970
|
Aug. 21, 1970
PACER
|
87
|
ORDER denying motion of defendants James A. Simpson, Ralph W. Adams, and D. Kyser Wilson to dissolve the injunction entered 7/28/70m against James A. Simpson, Ralph W. Adams, and Tom J. Ventress. Copies provided to counsel (djy) (Entered: 04/25/2001)
|
Oct. 27, 1971
|
Oct. 27, 1971
PACER
|
88
|
ORDER (also applies to CA 3561-N) (1) denying defs' motion to dismis; (2) enjoining defs Frazer, as Dir ALPD and Allen, as Dir ALDPS, their agents,officers, etc. from engaging in any employment practices, including recruitment, examination, appointment, training, promotion, retention or any other personnel action for the purpose or with the effect of discriminating against any employee, or actual or potential applicant for employment on the ground of race or color; (3) enjoining defs from failing to hir and permanently employ after the probationary period 1 Negro trooper for each white trooper hired until approximately 25 percent of the AL state trooper force is comprised of Negroes; (4) enjoining defs from conducting any training courses for the purpose of training new troopers until the groups to be given said training courses are comprised of approx 25 percent black trooper candidates; (5) enjoining defs from failing to hire supporting personnel for the Dept of Public Safety in the ratio of 1 Negro for each white until approx 25 percent of the supporting personnel are black; (6) abrogating eligible and promotional registers heretofore used for the purpose of hiring troopers to the extent necessary to comply with this decree; (7) requiring defs to assign employees on the basis of their training and ability, without regard to race. Defs shall advise the public in all advertisements and announcements that they will appoint and employ persons on an equal opportunity, merit basis, without discrimination on the ground of race or color. Defs shall adopt and implement a program of recruitment and advertising which will fully advise the Negro citizens of the State of Ala of the employmetn opportunities now available to them with the ALDPS. No commitments of employment given by either of the defs or anyof their agents to any applicant or potential applicant, short of actual hiring prior to 1/13/72, the date the temporary restraining order was entered in the state trooper case, shall be given any priority over the hiring ratio set out in decree. Defs to file within 90 days from this date a written report setting forth in detail the efforts which has been undertaken to recruit and hire black applicants. Costs taxed against defs in CA NO 3561-N. Jurisdiction retained., copies provided. (djy) (Entered: 04/25/2001)
|
Feb. 10, 1972
|
Feb. 10, 1972
PACER
|
112
|
ORDER granting motion of US to add as parties def in this action Henry Gray, III, Administrator, Ala Alcoholic Beverage Control Board, Sulliven, Commissioner ALDOC, Ray Bass, Dir ALDOT, and Chrles BOswell, Commissioner, Dept. of Revenue, both individually as parties def and as representatives of the def class of all State of Ala agencies which employ persons covered by the State Merit System and which are not presently defendants in this case or in NAACP and US v. ALlen, et al. CA NO 3561-N. copies provided to counsel; with opinion and injunction of 7/28/70, amendment of 8/21/70, injunction of 2/10/72 and motion of US filed 1/23/73, delivered to Marshal for service on Henry Gray, III, LB Sullivan, Ray Bass and Charles H. Boswell. (djy) (Entered: 04/25/2001)
|
Feb. 14, 1973
|
Feb. 14, 1973
PACER
|
141
|
MEMORANDUM OPINION Tables 1 thru 16 attached. (djy) (Entered: 04/25/2001)
|
Aug. 20, 1976
|
Aug. 20, 1976
PACER
|
142
|
JUDGMENT (10 enjoining defs, including the class of defs represented by Bass, Boswell, Gray and Locke, their officers, agents, successors in office, employees, and all persons in active concert and participation with them from engaging in any employment practice, including but not limited to any practice relating to recruitment, appointment, training, promotion or retention, which has the purpose or effect of discriminating against any employee or actual or potential applicant for employment on the basis of race; (2) that except as herein specifically modifed by this order, all provisions of the decree entered in this case on 7/28/70, as amended 8/21/70, shall remain in full force and effect; (3) regarding black personnel employed in the "Form 8" category; (4) regarding black employeeds employed in permanent positions as ABC warehouse men, laborers, equipment operators, domestic workers, custodial workers, laundry workers, food service workers, cooks, or psychiatric aides; (5) regarding blacks employed in the positions of psychiatric aide I and II, laudry worker I and II, cook I and II, and ABC warehouseman; (6) directing defs to engage in intensiver recruitment for black applicants for the positions of Accountant I, Accountant's Examiner I, Employment Security Specialist I, Unemployment Field Educational Consultant II, Civil Engineer I, Graduate Civil Engineer, Material Engineer I and Highway Design Engineer I; (7) regarding blacks appointed to those job classifications common to several agencies; (8) regarding appointment of blacks to sit on oral interviewing boards; (9) regarding all defs' recruiting efforts; (10) regarding validation of written tests used as a ranking device; (11) regarding Dept. of Mental Health empoloyment of professional personnel; (12) regarding Dept. of Mental Health recruitment program for blacks. Further, directing defs to offer to appoint Herbert Charles Butler to Housing Coordinator II in the AL Development Office, or to some other position with equivalent salary in which he nmay be interested and for which he is qualified in any of the agencies operated by defs; awarding to Herbert Charles Butler as back pay the difference between what he has earned between 8/28/72, and the date of his appointment pursuant to this order, and what he would have earned had he been employed when he should have been eployed as Housing Coordinator II. Further, directing defs to file with this Court and with plf, each six months following entry of this order, a report including the information set out in order; directing that the first six-months' report describe the actions taken to implement that part of this order relating to "Form 8" employees including the information set out in order; denying all other relief sought by plf in this case that is not herein specifically granted; directing counsel for defs to make available to the head of each of the seventy agencies in AL a copy of this decree; retaining jurisdiction of this matter; taxing against defs all costs of this proceeding. Copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Aug. 20, 1976
|
Aug. 20, 1976
PACER
|
157
|
ORDER amending judgment of 8/20/76 so as to provide that the defs may validate their written tests in accordance with the Fed Excutive Agency Guidelines on Employee Selection Procedures, 41 Fed. Reg. No. 227 (Nov. 23, 1976); the remaining provisions of said judgment to remain in full force and effect. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Dec. 22, 1976
|
Dec. 22, 1976
PACER
|
158
|
REPORT of validation study by defendants. (djy) (Entered: 04/25/2001)
|
Dec. 22, 1976
|
Dec. 22, 1976
PACER
|
257
|
ORDER (rendered by Judge Pointer 11/25/77) in agreement with the parties that the following employments tests can be used by defs for ranking: Capitol Hostess; Radio Operator I and II; Microbiologist I; Public Accountant; Rehabilitation Counselor I; Accounts Examiner II; Unemployment Claims Examiner I; Beverage License Inspector I; ABC Store Cashier; and Parole and Probation Supervisor I. Defs allowed to use those tests which the parties later agree meet the standards set forth in the Joint Stipulation on Standards for Test Validation without further approval of this court; copies provided to counsel & Judge Pointer. (djy) (Entered: 04/25/2001)
|
Nov. 28, 1977
|
Nov. 28, 1977
PACER
|
261
|
MEMORANDUM OPINION (rendered 2/21/78 by Judge Pointer) (djy) (Entered: 04/25/2001)
|
Feb. 22, 1978
|
Feb. 22, 1978
PACER
|
262
|
ORDER (rendered 2/21/78 by Judge Pointer) allowing defs, subject to the conditions and limitations of 5th of the FEA Guidelines, to use those tests for ranking purposes which the parties have heretofore agreed, or may hereafter agree, meet the standards for use as a screening device. copies provided to counse; handed to Judge Pointer w/copies of memorandum opinion. (djy) (Entered: 04/25/2001)
|
Feb. 22, 1978
|
Feb. 22, 1978
PACER
|
296
|
ORDER amending Part III of this Court's Decree of 7/28/70 (1) to provide that a certification of eligibles as to Negro applicants for positions other than custodial, domestic, laborer or laboratory aide be maintained as set out in order; (2) enjoining the personnel dept and each employee thereof for the State of Al as set out in order. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Dec. 27, 1979
|
Dec. 27, 1979
PACER
|
327
|
ORDER granting motion to intervene of Wynn, Prewitt, and the Public Service Employees, Local 1279; allowing the defs 14 days from the date of this order within which to file responses to the complaint in intervention. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Oct. 9, 1981
|
Oct. 9, 1981
PACER
|
368
|
ORDER modifying the 8/20/76 decree in order to facilitate the implementation of employee selection procedures developed by and the AL Dept of Personnel and to ensure the use of such procedures in a manner consistent with the intent of previous orders of this Court and of Title VII of the Civil Rights Act of 1964. Appendices attached. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
June 29, 1982
|
June 29, 1982
PACER
|
374
|
ORDER denying the motion of Anatolij Taranenko's to intervene. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
Aug. 26, 1982
|
Aug. 26, 1982
PACER
|
384
|
MEMORANDUM OPINION, copies furnished US Attorney and mailed to remaining counsel. (djy) (Entered: 04/25/2001)
|
May 25, 1984
|
May 25, 1984
PACER
|
385
|
ORDER (1) that the defs' 10/23/81 motion for summary judgment and the plf-intervenors' 3/5/82 motion to dismiss and to be declared a prevailing party are granted to the extent that the 10/9/81 complaint in intervention is dismissed without prejudice; (2) that said motions are denied to the extent that plf-intervenors and defs seek attorney fees; and (3) that each party bear its own costs. copies provided to US Attorney and mailed to remaining counsel. (djy) (Entered: 04/25/2001)
|
May 25, 1984
|
May 25, 1984
PACER
|
390
|
ORDER denying the 6/21/84 motion for leave to interent, etc., filed by Eugene D. Buggs, et al, and the 7/2/84 motion for leave to intervene, etc.,. filed by Kerry Powell, et al., without prejudice to filing separate and independen lawsuits. copies provided to counsel. (djy) (Entered: 04/25/2001)
|
July 10, 1984
|
July 10, 1984
PACER
|
|
Case closed (djy)
|
Aug. 27, 1984
|
Aug. 27, 1984
PACER
|
420
|
ORDER that the defs are relieved of the responsibility of filing the semiannual reports. Of course, the defs are still required to compile the reports and to serve copies on plf USA ( signed by Judge Myron H. Thompson ), copies provided to USA and mailed to remaining counsel. (djy) (Entered: 04/25/2001)
|
March 24, 1987
|
March 24, 1987
PACER
|
429
|
ORDER that the motion for leave to appear amicus curiae of the Ala NAACP is granted; that within 60 days of the date of this order, plf USA and def Ballard shall file with the court either a joint report or separate reports detailing defs' efforts to comply with the monitoring and substantive requirements of the court's order of 6/29/82 and any changes the parties believe are necessary to remedy any areas identified in the report(s) that might indicate possible non compliance with the 1982 order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished USA. EOD 8-29-91 (djy) (Entered: 04/25/2001)
|
Aug. 29, 1991
|
Aug. 29, 1991
PACER
|
459
|
ORDER granting Barnes's motion to intervene filed 10/8/91 and amended 11/15/91 to the extent that the Clerk of the court shall file Barnes's complaint-in-intervention and amended complaint-in-intervention as a separate lawsuit as further set out ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/25/2001)
|
June 8, 1992
|
June 8, 1992
PACER
|
463
|
ORDER granting defs' motion for clarification and plf Reynolds' renewed motion to intervene to the extent that CA-2709-N and CA 85-T-665-N are consolidated; that parties are to file joint statement of issues at end of trial in CA 85-T-665-N; that counsel in CA 85-T-665-N use single style of case until further notice ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/25/2001)
|
July 31, 1992
|
July 31, 1992
PACER
|
467
|
ORDER adding the Ala State Employees Assoc., Bob Cook, Al Sessions and Ann Geisenheimer as defs; directing the Ala. State Employees Assoc., Cook, Sessions and Geisenheimer to file a written response to the motion for injunctive relief no later than 10/20/92; setting said motion for hearing on 10/23/92 at 8:25 am in Montgomery, Al; directing the USM or his representative to serve a copy of this order on the Ala. Employees Assoc., Cook, Sessions and Geisenheimer and on their attorney Mark J. Williams ( signed by Judge Myron H. Thompson ), copies provided to counse; certified copies of motion & order delivered to USM for service on the ALa. State Employees Assoc., Cook, Sessions and Geisenheimer and their attorney Mark Williams; furnished to TW & MT. EOD 10/13/92. (djy) (Entered: 04/26/2001)
|
Oct. 13, 1992
|
Oct. 13, 1992
PACER
|
472
|
ORDER granting the motion for injunctive relief filed by the ALSPD and Halcyon Vance Ballard; denying the Ala State Employees Assoc, Cook, Sessions, and Geisenheimer's motion to dismiss; enjoining and restraining the Ala State Employees Assoc., Cook, Sessions, and Geisenheimer, their agents, servants, and attorneys, and those persons in active concert or participation with them who receive actual notice of this order from asserting in Cook v. ALSPD, CV 87-1624-TH the claim or contention that the ALSPD is obligated to reallocate white employees wherer to do so would place the white employees in jobs about black employees ranked highter on the same register or on another register; that the Ala State Employees Assoc., Cook, Sessions, and Geisenheimer are parties to this federal litigation only to the extent that they are enjoined by this order; directing the clerk of the court to issue a writ of injunction ( signed by Judge Myron H. Thompson ), copies provided to counsel. EOD 10/26/92. (djy) (Entered: 04/26/2001)
|
Oct. 26, 1992
|
Oct. 26, 1992
PACER
|
488
|
ORDER denying without prejudice the motion to intervene filed by Ellen Tolbert, et al; denying motion for enlargement of time filed by defendant ALDOC on 4/2/93 ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to TW. (djy) (Entered: 04/26/2001)
|
April 7, 1993
|
April 7, 1993
PACER
|
514
|
ORDER (also entered in 85-T-665-N) consolidating USA v. Ballard, CV 2709-N and in re: Employment Discrimination Litigation Aagainst the State of Alabama, Crum v. State of Alabama, CV 94-T-356-N, to the extent that there are issues common to both; counsel in Crum should notify the court when the issues common to both are ready for the court's consideration; until such time, the parties are directed to use the single style for each case when filing pleadings with the court ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/26/2001)
|
Sept. 17, 1997
|
Sept. 17, 1997
PACER
|
551
|
ORDER granting plfs' (85-T-665-N) motion for extension of time filed 12/30/97; amending the court's orders entered 11/18/97, 12/9/97 to reflect that the plfs (85-T-665-N) shall submit their reply briefs with respect to the Adams intervenors' motion for clarification and/or modification and the Adams intervenors' motion to intervene in Frazer/Ballard by 4:00, 1/9/98 ( signed by Judge Myron H. Thompson ), copies provided to counse; furnished to USA & TW. (djy) (Entered: 04/26/2001)
|
Jan. 5, 1998
|
Jan. 5, 1998
PACER
|
552
|
ORDER granting plfs' (85-T-665-N) motion for extension of time filed 12/23/97; amending the court's order entered 11/18/97 to reflect that the plfs shall submit their reply briefs with respect to the Frazer/Ballard violations issues by 4:00, 1/9/98 ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA & TW. (djy) (Entered: 04/26/2001)
|
Jan. 5, 1998
|
Jan. 5, 1998
PACER
|
553
|
ORDER granting defs' (85-T-665-N) motion for extension of time filed 12/30/97; amending the court's orders entered 11/18/97, 12/9/97 to reflect that defs (85-T-665-N) shall submit their reply briefs with respect to the Adams intervenors' motion for clarificaiton and/or modification and the Adams intervenors' motion to intervene in Frazer/Ballard by 4:00, 1/9/98; ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA & TW. (djy) (Entered: 04/26/2001)
|
Jan. 5, 1998
|
Jan. 5, 1998
PACER
|
554
|
BRIEF by defendants' (85-T-665-N) in response to Adams intervenors' (85-T-665-N) motions for intervention and clarification/modification (Appendix mainted in separate binder) referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
Jan. 9, 1998
|
Jan. 9, 1998
PACER
|
555
|
REPLY BRIEF by private plfs' (85-T-665-N) on Frazer violations. Referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
Jan. 9, 1998
|
Jan. 9, 1998
PACER
|
556
|
Plfs' (85-T-665-N) Appendix of authorities relied upon in Reynolds plfs' reply brief on private plfs' reply brief on Frazer violations (entire appendix maintained in separate three-ring binder). Referred to Judge Thompson. (djy) (Entered: 04/26/2001)
|
Jan. 12, 1998
|
Jan. 12, 1998
PACER
|
557
|
Adams intervenors' (85-T-665-N) submission UNDER SEAL of existing registers with regard to tied-score and banded-score issues (Exhibits placed UNDER SEAL per ORAL ORDER by Judge Thompson in open court). Referred to Judge Thompson. (djy) (Entered: 04/26/2001)
|
Jan. 20, 1998
|
Jan. 20, 1998
PACER
|
558
|
ORDER granting Elaine R. Jones' motion for admission pro hac vice filed in 85-T-665-N for NAACP ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
Jan. 28, 1998
|
Jan. 28, 1998
PACER
|
559
|
RESPONSE by USA to Crum defs' motion to dismiss disparate impact claims. Referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
April 16, 1998
|
April 16, 1998
PACER
|
560
|
ORDER denying the motion to intervene by the Reynolds Adams intervenors ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
April 17, 1998
|
April 17, 1998
PACER
|
561
|
ORDER denying as moot Adams intervenor's motion for clarification and/or modification filed 10/30/97 ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
April 24, 1998
|
April 24, 1998
PACER
|
562
|
ORDER directing that paragraphs 2 and 3 in section II of the injunction entered 7/28/70 in US v. Frazer shall be interpreted in the manner as further set out in the order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
April 24, 1998
|
April 24, 1998
PACER
|
563
|
ORDER rejecting the defs' eleventh-amendment challenge to the plfs' disparate-impact claims of discrimination, because, as determined by application of the two-prong test articulated in Seminole Tribe, Congress validly abrogated the States' sovereign immunity as to such claims brought pursuant to Title VII; ORDERING that the defs' motion to dismiss disparate impact claims, filed on 8-27-97 (Doc No 2063), in Reynolds v. ALDOT 85-T-665-N is DENIED ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to TW and all Mag Judges. (djy) (Entered: 04/26/2001)
|
June 1, 1998
|
June 1, 1998
PACER
|
564
|
MOTION by State Personnel Dept to confirm non-consolidation of CRUM w/REYNOLDS, or in the alternative to Sever CRUM from REYNOLDS referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
June 8, 1998
|
June 8, 1998
PACER
|
565
|
BRIEF by State Personnel Dept in support of [564-1] motion to confirm non-consolidation of CRUM w/REYNOLDS, [564-2] motion to Sever CRUM from REYNOLDS referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
June 8, 1998
|
June 8, 1998
PACER
|
566
|
ORDER, upon consideration of the CRUM defs' motion to dismiss disparate claims as barred by the eleventh amendment, filed 10-7-97 (Doc #312), directing that the motion is denied, without prejudice, in light of the court's recently entered order in Reynolds vs. ALDOT, 1998 WL 286010 (M.D. Ala. June 1, 1998), which held that the eleventh amendment does not preclude the assertion of Title VII disparate impact claims of discriminiation against state defendants, as further set out in order ( signed by Judge Myron H. Thompson ), copies provided to counse; furnished to TW. VACATED PER ORDER OF 7/2/98 (djy) (Entered: 04/26/2001)
|
June 12, 1998
|
June 12, 1998
PACER
|
567
|
ORDER directing that the [564-1] motion to confirm non-consolidation of CRUM w/REYNOLDS by State Personnel Dept and [564-2] motion to Sever CRUM from REYNOLDS by State Personnel Dept be set for submission on 6/26/98, with all briefs due by said date ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/26/2001)
|
June 15, 1998
|
June 15, 1998
PACER
|
568
|
Notification to court/MOTION by defendants of desire for final appealable order, or in the alternative for final appealable order referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
June 18, 1998
|
June 18, 1998
PACER
|
569
|
RESPONSE by USA to [564-1] motion to confirm non-consolidation of CRUM w/REYNOLDS by State Personnel Dept, or in the alternative [564-2] motion to Sever CRUM from REYNOLDS by State Personnel Dept. Referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
June 30, 1998
|
June 30, 1998
PACER
|
570
|
RESPONSE by USA and opposition to defs' request (Doc #332) for entry of Rule 54(b) order concerning court's denial of motion to dismiss disparate impact claims on 11th Amendment Grounds. Referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
June 30, 1998
|
June 30, 1998
PACER
|
571
|
ORDER granting [564-1] motion to confirm non-consolidation of CRUM w/REYNOLDS to the extent that it is DECLARED that, although Reynolds is consolidated with Ballard, although Crum is consolidated with Ballard, Crum is not consolidated with Reynolds, as further set out in order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
July 2, 1998
|
July 2, 1998
PACER
|
572
|
ORDER granting [568-1] motion for final appealable order; vacating [566-1] order; denying motion to dismiss disparate impact claims; with the denial of the defs' dismissal motion on the merits and thus the rejection of the defs' eleventh-amendment defense, the defs now have an appealable order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to USA. (djy) (Entered: 04/26/2001)
|
July 2, 1998
|
July 2, 1998
PACER
|
573
|
ORDER directing that the US shall file with the court a written response to the Adams intervenors' (CA #85-T-665-N Doc #2902) motion by 4:00 p.m. on 7/24/98; directing the clerk to provide the US copies of the listed pleadings along with its copy of this order ( signed by Judge Myron H. Thompson ), copies provided to counsel; mailed to US w/copies of pleadings, as directed to Marybeth Martin; furnished to TW & all Mag Judges. (djy) (Entered: 04/26/2001)
|
July 10, 1998
|
July 10, 1998
PACER
|
574
|
NOTICE of Attorney Appearance for Governor Fob James, Jr. by William P Gray, Jr. (djy) (Entered: 04/26/2001)
|
July 13, 1998
|
July 13, 1998
PACER
|
575
|
ORDER TO SHOW CAUSEas to why Flowers should not replace Ballard as a named defendant in this case; further as to why the titles of the named defendants should not precede their names in the style of the case, thus changing the short form of the style to US vs. Director of the ASPD, as further set out in order; Response to Order to Show Cause due on 7/28/98 for USA, for Halycon Ballard, for AL State Conf NAACP, for Ala State Employees, for Bob Cook, for Al Sessions, for Ann Geisenheimer, for State Personnel Dept ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to TW and all Mag Judges. (djy) (Entered: 04/26/2001)
|
July 14, 1998
|
July 14, 1998
PACER
|
576
|
MEMORANDUM by USA in response to Adams intervenors' renewed motion for modification and/or clarification filed in response to [573-1] order entered 7-10-98. Referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
|
July 24, 1998
|
July 24, 1998
PACER
|
577
|
ORDER directing as follows: (1) Thomas G. Flowers, Interim Director of the State Personnel Dept., shall replace Halycon Vance Ballard former Director of the dept., as a named def in this case; (2) the titles of the named defs shall precede their names in the style of this case; for example, the named defs shall be listed in the style as "Director of the ALSPD, Thomas G. Flowers," "Director of ALDOT, Jimmy Butts," and so on; (3) the short form of the style of this case will be, from this point forward, United States v. Director of the Alabama State Personnel Department ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/26/2001)
|
July 29, 1998
|
July 29, 1998
PACER
|
578
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ORDER setting the Adams intervenors renewed motion for modification and clarification (Doc. No. 2902) for a hearing at 10:00 a.m on 8-21-98 in the 2nd floor courtroom of the FMJFB & USC, Montgomery, Al; inviting the US to participate as further set out in order; further ORDERING that the parties shall submit to the court by 4:00 pm on 8-18-98, proposed findings of fact and conclusions of law concerning the issues to be addressed at the hearing ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to MT, TW & all Mag Judges. (djy) (Entered: 04/26/2001)
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July 31, 1998
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July 31, 1998
PACER
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579
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Adams intervenors' (CA 85-T-665-N) NOTICE of filing proposed findings of fact and conclusions of law concerning the issues to be addressed with regard to the Adams intervenors' renewed motion for modification and/or clarification filed 6/29/98 (Doc # 2902 in Reynolds). Referred to Judge Thompson. (djy) (Entered: 04/27/2001)
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Aug. 18, 1998
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Aug. 18, 1998
PACER
|
580
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ORDER directing that the Adams intervenors' (85-T-665-N) renewed motion for modification or clarification, filed 6-29-98 (Doc 2902) and amended on 8-17-98 (Doc 3107), is granted to the extent that neither the express language in the FRAZER injunctions nor that in consent decree I requires or authorizes application of the no-bypass rule to ciurcumstances in which an African-American applicant is ranked highter than a white applicant on a certificate of eligibles due to random ranking of applicants (Doc No 4660 in Reynolds 85-T-665-N) ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/27/2001)
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Dec. 14, 2000
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Dec. 14, 2000
PACER
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581
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ORDER directing that this court's order of 7.28.98, replacing Halycon Vance Ballard with Thomas G. Flowers as the named def in the above-styled cause, is amended to reflect that Thomas G. Flowers is now the permanent Director of the ALSPD ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 04/27/2001)
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Dec. 15, 2000
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Dec. 15, 2000
PACER
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583
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MOTION by USA (ERROR-edit 8/20/01 djy-pleading by private plaintiffs) to show cause why defs should not be held in contempt of court referred to Judge Myron H. Thompson (djy) Modified on 08/20/2001 (Entered: 04/27/2001)
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April 5, 2001
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April 5, 2001
PACER
|
584
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ORDER granting [583-1] motion to show cause to the extent that defs are to show cause as to wy they should not be held in contempt of court, as further set out in order; setting response to Order to Show Cause due on 4:00 4/20/01 for defendants ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 04/27/2001)
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April 6, 2001
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April 6, 2001
PACER
|
585
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Initial Response by defendants to [581-1] Order to Show Cause. Referred to Judge Myron H. Thompson (djy) (Entered: 04/27/2001)
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April 20, 2001
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April 20, 2001
PACER
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586
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MOTION by State Personnel Dept for leave for R. Frank Ussery to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 04/26/2001)
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April 25, 2001
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April 25, 2001
PACER
|
587
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ORDER directing that the Hon. Don Siegelman, Governor of the State of Alabama, shall replace the Hon. Fob James, former Governor Alabama, as a named defendant in this action ( signed by Judge Myron H. Thompson ), copies provided to counsel and defendant Siegelman. (djy) (Entered: 04/26/2001)
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April 26, 2001
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April 26, 2001
PACER
|
588
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ORDER directing that plf USA is allowed until 5/2/01 to file a statement on the issue of whether private plaintiffs can file a contempt motion based on a Frazer violation ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/26/2001)
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April 26, 2001
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April 26, 2001
PACER
|
589
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ORDER granting [586-1] motion for leave for R. Frank Ussery to Withdraw as Attorney ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/27/2001)
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April 27, 2001
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April 27, 2001
PACER
|
590
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ORDER amending [588-1] order; allowing plaintiff USA until 5/11/01 to file its statement ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 04/30/2001)
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April 30, 2001
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April 30, 2001
PACER
|
591
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NOTICE of Attorney Appearance for Don Siegelman by Edward A. Hosp (sl) (Entered: 05/02/2001)
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May 1, 2001
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May 1, 2001
PACER
|
592
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USA's statement regarding private plaintiffs' motion to show cause in response to court's 4/26/01 order. Referred to Judge Thompson. (djy) (Entered: 05/10/2001)
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May 9, 2001
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May 9, 2001
PACER
|
593
|
ORDER denying [583-1] motion for civil contempt filed by the private plaintiffs on 4/5/01, as further set out in order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 06/19/2001)
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June 19, 2001
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June 19, 2001
PACER
|
594
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ORDER TO SHOW CAUSE why the defendants' motion to rescind consolidation of Crum with Frazer, filed 11/1/00 (Crum Doc No 408) should not be granted, as further set out; Response to Order to Show Cause due on 7/13/01 for Don Siegelman, for Abigail P. van Alstyne, for Russell W. Adams, for Rocco J. Calamusa, for Ann K. Wiggins, for Robert F. Childs Jr., for Robert L. Wiggins Jr., for Harry A. Lyles, for William F. Gardner, for John R. Wible, for Andrew Redd, for Thomas T. Gallion III, for State Personnel Dept, for Ann Geisenheimer, for Al Sessions, for Bob Cook, for Ala State Employees, for AL State Conf NAACP, for Thomas G. Flowers, for USA ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 06/26/2001)
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June 26, 2001
|
June 26, 2001
PACER
|
595
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Submission of Defendants identifying issues pending disposition before the court. Referred to Judge Thompson. (djy) (Entered: 07/03/2001)
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July 2, 2001
|
July 2, 2001
PACER
|
597
|
ORDER directing that the [596-1] motion to Alter, etc., filed by the private plaintiffs be set for submission on 7/26/01, without oral argument, with all briefs due by said date, as further set out ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 07/05/2001)
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July 5, 2001
|
July 5, 2001
PACER
|
598
|
Response by USA to [594-1] Order to Show Cause. Referred to Judge Myron H. Thompson (djy) (Entered: 07/13/2001)
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July 12, 2001
|
July 12, 2001
PACER
|
599
|
RESPONSE by defendants' to motions to intervene (Crum 94-T-356-N Doc nos 451 & 452) referred to Judge Myron H. Thompson (djy) (Entered: 07/16/2001)
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July 13, 2001
|
July 13, 2001
PACER
|
600
|
Response by plaintiffs to [594-1] Order to Show Cause entered 6/26/01 (Crum Doc. No 456 and Frazer Doc No 594). Referred to Judge Myron H. Thompson (djy) (Entered: 07/16/2001)
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July 13, 2001
|
July 13, 2001
PACER
|
601
|
RESPONSE by USA to [596-1] motion to Alter, [596-2] motion to Amend [593-1] order, [596-3] motion Reconsider denial of contempt proceedings in [593-1] order. Referred to Judge Myron H. Thompson (djy) (Entered: 07/27/2001)
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July 26, 2001
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July 26, 2001
PACER
|
602
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REPLY by Private Plaintiffs to response to [596-1] motion to Alter, [596-2] motion to Amend [593-1] order, [596-3] motion Reconsider denial of contempt proceedings in [593-1] order. Referred to Judge Myron H. Thompson (djy) (Entered: 08/20/2001)
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Aug. 20, 2001
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Aug. 20, 2001
PACER
|
603
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(Notice of Withddrawal) MOTION by Don Siegelman for Edward A. Hosp to Withdraw as Attorney for the Governor of Alabama referred to Judge Myron H. Thompson (vmc) (Entered: 02/21/2003)
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Feb. 20, 2003
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Feb. 20, 2003
PACER
|
604
|
ORDER granting [603-1] motion for Edward A. Hosp to Withdraw as Attorney for the Governor of Alabama (Terminated Edward A. Hosp) ( signed by Judge Myron H. Thompson ), copies provided to counsel; furn: sc. (vmc) (Entered: 02/24/2003)
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Feb. 24, 2003
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Feb. 24, 2003
PACER
|
605
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MOTION to Intervene of Timothy D. Pope referred to Judge Myron H. Thompson (vmc) (Entered: 02/26/2003)
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Feb. 25, 2003
|
Feb. 25, 2003
PACER
|
606
|
ORDER that on or before 3/21/03 plaintiff shall file a motion to name the current state officials as defendants in this case; setting Motion Filing deadline to 3/21/03 ( signed by Judge Myron H. Thompson), copies provided to counsel. (ajr) (Entered: 02/27/2003)
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Feb. 27, 2003
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Feb. 27, 2003
PACER
|
607
|
ORDER [605-1] motion to Intervene of Timothy D. Pope set for submission on 3/21/03 setting Brief deadline to 3/21/03 (signed by Judge Myron H. Thompson), copies provided to counsel, SC. (ajr) (Entered: 02/27/2003)
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Feb. 27, 2003
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Feb. 27, 2003
PACER
|
608
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MOTION by State Personnel Dept for Extension of Time to respond to the motion of Timothy D. Pope to intervene in this action referred to Judge Myron H. Thompson (vmc) (Entered: 03/20/2003)
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March 19, 2003
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March 19, 2003
PACER
|
|
Deadline updated; set Telephone Conference for 8:45 3/20/03 before Judge Myron H. Thompson (vmc)
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March 20, 2003
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March 20, 2003
PACER
|
|
Tele-conference held before Judge Myron H. Thompson on 3/20/03 (vmc)
|
March 20, 2003
|
March 20, 2003
PACER
|
609
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Courtroom Deputy's MINUTES of proceedings: Telephone Conference held on 3/20/03 before the Hon. Myron H. Thompson; Telephone conf. Re: motion to intervene filed on 3/19/03 (vmc) (Entered: 03/21/2003)
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March 20, 2003
|
March 20, 2003
PACER
|
610
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MOTION by USA to hold intervention motion in abeyance for 45 days to permit the parties to continue their discussions referred to Judge Myron H. Thompson (vmc) (Entered: 03/21/2003)
|
March 20, 2003
|
March 20, 2003
PACER
|
611
|
MOTION by USA to name current state officials as defendants referred to Judge Myron H. Thompson (vmc) (Entered: 03/21/2003)
|
March 20, 2003
|
March 20, 2003
PACER
|
612
|
NOTICE of substitution of original pleading by State Personnel Dept; referred to Judge Thompson (vmc) (Entered: 03/21/2003)
|
March 20, 2003
|
March 20, 2003
PACER
|
613
|
ORDER granting [611-1] motion to name current state officials as defendants and the current state officials are substituted as defendants as requested ( signed by Judge Myron H. Thompson ), copies provided to counsel; furn: sc. (vmc) (Entered: 03/21/2003)
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March 21, 2003
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March 21, 2003
PACER
|
614
|
NOTICE of Attorney Appearance for USA by Marybeth Martin and Jay D. Adelstein (vmc) (Entered: 03/26/2003)
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March 25, 2003
|
March 25, 2003
PACER
|
615
|
ORDER granting (610) motion to hold intervention motion in abeyance for 45 days to permit the parties to continue their discussions; granting 608 motion for extension of time; [605-1] motion to Intervene of Timothy D. Pope set for submission on 5/16/03 set parties Brief deadline to 5/6/03 ; set movant Pope's deadline to 5/16/03 ( signed by Judge Myron H. Thompson ), copies provided to counsel; furn: sc. [edited to show motion granted 1/20/04 & 1/21/04 - vmc] (vmc) Modified on 01/22/2004 (Entered: 03/27/2003)
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March 27, 2003
|
March 27, 2003
PACER
|
616
|
ORDER denying [596-1] motion to Alter, denying [596-2] motion to Amend [593-1] order, denying [596-3] motion Reconsider denial of contempt proceedings in [593-1] order ( signed by Judge Myron H. Thompson ), copies provided to counsel; furn: sc. (AMENDED PER ORDER #662 FILED 2/26/04) (vmc) Modified on 02/26/2004 (Entered: 03/28/2003)
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March 28, 2003
|
March 28, 2003
PACER
|
617
|
ORDER denying [582-1] motion to Alter, [582-2] motion Amend [580-1] order, [582-3] motion for Reconsider [580-1] order, as the court has tried to make clear the Frazer no-bypass rule applies to true, merit-based rankings ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (djy) (Entered: 03/31/2003)
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March 31, 2003
|
March 31, 2003
PACER
|
618
|
MOTION by USA for Sharon A. Seeley, Stephen J. Curran to Withdraw as Attorney for plaintiff referred to Judge Myron H. Thompson (vmc) (Entered: 04/15/2003)
|
April 14, 2003
|
April 14, 2003
PACER
|