Case: United States v. Director Alabama Personnel Department

2:68-cv-02709 | U.S. District Court for the Middle District of Alabama

Filed Date: June 12, 1968

Closed Date: Dec. 31, 2014

Clearinghouse coding complete

Case Summary

On June 12, 1968 the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Middle District of Alabama against the State of Alabama under Title VII, 42 U.S.C. § 2000e. et seq. (Title VII). The DOJ asked the court for injunctive relief, alleging that the defendant had violated Title VII by discriminating against applicants for employment on the basis of race by bypassing higher ranked African-American applicants in favor of lower ranked white applicants.The …

On June 12, 1968 the United States Department of Justice (DOJ) filed a lawsuit in the U.S. District Court for the Middle District of Alabama against the State of Alabama under Title VII, 42 U.S.C. § 2000e. et seq. (Title VII). The DOJ asked the court for injunctive relief, alleging that the defendant had violated Title VII by discriminating against applicants for employment on the basis of race by bypassing higher ranked African-American applicants in favor of lower ranked white applicants.

The complaint alleged that the Alabama Personnel Department discriminated on the basis of race by hiring lower ranked white applicants over higher ranked African-American applicants. A no-bypass rule was instituted by the Alabama Personnel Department. On July 28, 1970, United States brought this action to enforce the federal requirement that state personnel engaged in administration of federally financed grant-in-aid programs be recruited, hired and promoted or demoted on merit basis, without discrimination on the grounds of race or color (317 F.Supp 1079, D.C.Ala. 1970). The District Court (Judge Frank M. Johnson, Jr.) ordered: that the affected African-American applicants be offered the first available position with the rate of pay he would have and seniority rights; that African-American applicants be appointed to positions other than custodial, domestic, laborer or laboratory aide, unless another position is filled; that the defendants not appoint or offer a position to a lower-ranking white applicant over a higher-ranking available African-American applicant.

In May of 2002, in order to determine whether the no-bypass rule was still necessary, the state defendants hired statistical experts to examine the racial composition of the Alabama workforce as well as the racial patterns of recent selections in the workforce.

On February 11, 2003, a white employee of the Alabama Department of Corrections (ADC) who had claimed that he had been denied a promotion because of the no-bypass rule, moved to intervene. He alleged, among other things, that the no-bypass rule was unconstitutional and must be modified or ended.

On February 11, 2003, the United States and the state defendants began discussions on the results of the statistical analysis and proposed to terminate the no-bypass rule, as the problems, aimed at by the no-bypass rule, were remedied. On March 20, 2003, the United States and the state defendants entered a joint motion to terminate the no-bypass rule.

On May 22, 2003, representatives of African-American employees of the State of Alabama moved to intervene to oppose termination or modification of the no-bypass rule and to otherwise enforce it. On January 20, 2004, the Court (Judge Myron Thompson) granted both the white employee of ADC and the African-American employees the right to intervene under the permissive intervention rule. On February 28, 2004, the ADC employee filed a motion to terminate the no-bypass rule.

On April 21, 2004, the white employee of the ADC filed a motion to certify class. On the same day, non-black employees filed a motion to intervene. On March 28, 2005, the Court (Judge Myron Thompson) denied both motions conditionally until after the court determined the scope of discovery and the scope of its inquiry into the joint motion to terminate the no-bypass rule.

On May 9, 2005, the white employee moved for preliminary injunction. On May 20, 2005, the Court (Judge Myron Thompson) issued an order, treating the joint motion to terminate the no-bypass rule as a motion for preliminary injunction, and granted both the motion as well as ADC employee's preliminary injunction motion. The court suspended the no-bypass rule effective no later than June 20, 2005, pending final resolution of the challenges to the rule. The court reasoned that the special change in circumstances warranted the suspension of the rule.

On June 1, 2005 the ADC employee filed a motion for interim award of attorneys' fees. On September 09, 2005 the white employee filed a motion for summary judgment. On the same day, the state defendants filed a motion for summary judgment on the joint motion to terminate no-bypass rule.

On June 30, 2006, the Court (Judge Myron Thompson) issued a judgment, permanently terminating the no-bypass rule. The court reasoned that the no-bypass rule was no longer an appropriate tool, and that there was no longer a fit between the practices and the rule. United States v. Director Alabama Personnel Department, 444 F.Supp.2d 1192 (M.D. Ala. 2006).

On September 17, 2007, the Court granted the plaintiff-intervenor's motion for attorney's fees to the extent that plaintiff-intervenor recovered $61,499.70 for fees and expenses. The state defendants filed an appeal against the order granting attorney's fees to the Eleventh Circuit Court of Appeals.

On July 1, 2008, the plaintiff-intervenor filed a motion for attorney's fees on appeal, which was denied without prejudice on the same day.

On August 19, 2008, the Eleventh Circuit issued a judgment per curiam, affirming the District Court's grant of attorney's fees to the plaintiff-intervenor. United States v. Director Alabama Personnel Department, 281 Fed.Appx. 960 (11th Cir. 2008).

On November 30, 2012, the Court (Judge Myron Thompson) issued an order terminating and dissolving all outstanding injunctions and orders issued in this case, with the last of them terminating on December 31, 2014.

Summary Authors

Katie Campos (11/27/2007)

Zhandos Kuderin (7/10/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5324254/parties/united-states-v-dir-al-personnel-dpt/


Judge(s)
Attorney for Plaintiff

Acosta, R. Alexander (District of Columbia)

Attorney for Defendant

Abbot, Richard Taylor (Alabama)

Acton, E. Ray (Alabama)

Expert/Monitor/Master/Other

Abbott, Taylor (Alabama)

Adams, Russell Wayne (Alabama)

Judge(s)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Coody, Charles S. (Alabama)

Edmondson, James Larry (Georgia)

Johnson, Frank Minis Jr. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorney for Defendant

Abbot, Richard Taylor (Alabama)

Acton, E. Ray (Alabama)

Allen, Edward Smith (Alabama)

Anderson, Susan B. (Alabama)

Avery, Abigail Hood (Alabama)

Baker, Beverly P. (Alabama)

Barker, Constance S. (Alabama)

Barnett, Henry Clay Jr. (Alabama)

Bates, Roger Lee (Alabama)

Baxley, William J. (Alabama)

Bell, Theodore Patrick (Alabama)

Biggs, Gregory Marion (Alabama)

Borden, Lisa Wright (Alabama)

Bowden, Ronald James (Alabama)

Breckenridge, John J. (Alabama)

Brown, Mary-Frank (Alabama)

Butler, William Osborne (Alabama)

Byrne, Alice Ann (Alabama)

Campbell, Andrew P (Alabama)

Clemon, A. Michelle (Alabama)

Coleman, John James (Alabama)

Corrections, Alabama Department (Alabama)

Corscadden, Scott William (Alabama)

Craven, Larry Eugene (Alabama)

Culberson, Mary Elizabeth (Alabama)

Culverhouse, Renee (Alabama)

Davis, Edward Earl (Alabama)

Davis, Philip C. (Alabama)

Dean, Juliana Faria (Alabama)

Dean, David Johnson (Alabama)

Dettling, Aaron Linden (Alabama)

Dowdy, Kenneth Alden (Alabama)

Evans, James Harold (Alabama)

Ficquette, Sharon E. (Alabama)

Fillingim, Gary W. (Alabama)

Fleming, Margaret L. (Alabama)

Foster, J. Eugene (Alabama)

Fuller, Ben A. (Alabama)

Gallion, MacDonald (Alabama)

Garner, Gwendolyn Bulger (Alabama)

Garrett, Billington Malone (Alabama)

Gerard, Carol Robin (Alabama)

Gillis, Henry Lewis (Alabama)

Givhan, Robert Marcus (Alabama)

Gottlieb, Carl Robert (Alabama)

Hamlett, Ashley H. (Alabama)

Heidt, Frances (Alabama)

Hetzel, Tara S. (Alabama)

Higgins, Pamela Robinson (Alabama)

Hoaglund, Eric Daniel (Alabama)

Holmes, John Barksdale (Alabama)

Hosp, Edward Andrew (Alabama)

Hudson-Adams, Tammy Renee (Alabama)

Huntley, Willie J. Jr. (Alabama)

Hyde, Robbie (Alabama)

Ippolito, Jimmie Robert (Alabama)

Isler, Mai lan (Alabama)

Isler, Mai Lan Fogal (Alabama)

Jackson, Christina Harris (Alabama)

Jernigan, Adero Sovini (Alabama)

Jones, George Edward (Alabama)

Jordan, Nikaa B (Alabama)

Kauffman, Douglas Brian (Alabama)

Kelley, William Franklin (Alabama)

Kelly, Anita L. (Alabama)

King, Troy Robin (Alabama)

Laurie, Robin Garrett (Alabama)

Lee, Brandy Murphy (Alabama)

Leitman, Eddie (Alabama)

Lightfoot, Warren B Jr (Alabama)

Long-Daniels, David Wayne (Alabama)

Loper, David M. (Alabama)

Madison, Gordon (Alabama)

Marsh, Frank DeCalve (Alabama)

McGowin, Dana Wright (Alabama)

McKinney, Ricky Joe (Alabama)

McQueen, William N. (Alabama)

Meadows, Richard N. (Alabama)

Miller, Keith Stewart (Alabama)

Morrow, Roger Stephen (Alabama)

Musso, Joseph Vincent (Alabama)

O'Neal, Lynne Stephens (Alabama)

Osborn, Jason Michael (Alabama)

Park, John J. Jr. (Alabama)

Pettigrew, Jaime L. (Alabama)

Prendergast, William Francis (Alabama)

Price, J. Victor Jr. (Alabama)

Proctor, Laura Ellison (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Redd, Andrew Weldon (Alabama)

Redmond, Wesley Clyde (Alabama)

Reed, Charles Wallace (Alabama)

Rigsby, Nefertari Sudetta (Alabama)

Robinson, Gregory J. (Alabama)

Romine, John Wesley (Alabama)

Russell, Robert Jackson (Alabama)

Schmitz, Peggy Latham (Alabama)

Sheffield, Erica Lynn (Alabama)

Simpson, Stephen K. (Alabama)

Simpson, James A. (Alabama)

Sims, Louie Lee (Alabama)

Sims, Patrick H. (Alabama)

Sinclair, Thomas O'Neal (Alabama)

Sloan, Thomas Dwight (Alabama)

Smith, Jacquelyn Demetrius (Alabama)

Smith, David Michael (Alabama)

Smith, Brenda Flowers (Alabama)

Smith, Claudia Kennedy (Alabama)

Sorrells, Reginald Lee (Alabama)

Stapp, Mary Lee (Alabama)

Stephens, William Taft (Alabama)

Stuedeman, Amy L. (Alabama)

Sykes, Bernard F. (Alabama)

Tambling, Robert Douglas (Alabama)

Tarver, Courtney Wayne (Alabama)

Terrell, Christopher Trolson (Alabama)

Thagard, Thomas W. Jr. (Alabama)

Thomas, Kim Tobias (Alabama)

Thomas, Kenneth Lamar (Alabama)

Thomas, William Kenneth (Alabama)

Trawick, Gary Rick (Alabama)

Tunstill, Wendy Tyler (Alabama)

Turner, Angela C. (Alabama)

Ussery, R. Frank (Alabama)

Vega, Mathew A. (Alabama)

Waggoner, Mark Thomas (Alabama)

Walker, Jordan Dorman (Alabama)

Wallis, Jenifer Champ (Alabama)

Watson, Kenneth Alan (Alabama)

Weinberg, Robert M. (Alabama)

Weller, Christopher W. (Alabama)

Weller, Julia J. (Alabama)

Wells, Barbara Jean (Alabama)

Westry, Milton James (Alabama)

White, Michael Ronald (Alabama)

Wible, John Richard (Alabama)

Williams, Mark Jefferson (Alabama)

York, Cinda Ruth (Alabama)

show all people

Documents in the Clearinghouse

Document

0:07-14854

Docket (USCA)

USA v. Flowers

U. S. Court of Appeals for the Eleventh Circuit

Feb. 4, 2008

Feb. 4, 2008

Docket

2:68-cv-02709

0:07-14854

Docket [PACER]

Nov. 30, 2012

Nov. 30, 2012

Docket
64

2:68-cv-02709

Memorandum Opinion

United States v. Frazer

July 28, 1970

July 28, 1970

Order/Opinion

2:68-cv-02709

District Court Opinion

NAACP v. Allen

March 24, 1972

March 24, 1972

Order/Opinion
659

2:68-cv-02709

Complaint and Motion to Modify Injunction of Plaintiff-Intervenor Timothy D. Pope

United States of America v. Flowers

Jan. 28, 2004

Jan. 28, 2004

Complaint
662

2:68-cv-02709

2:94-cv-00356

Order

United States v. Flowers

Feb. 26, 2004

Feb. 26, 2004

Order/Opinion
666

2:68-cv-02709

Complaint-In-Intervention of Eugene Crum, et al

United States of America v. Flowers

March 12, 2004

March 12, 2004

Complaint
667

2:68-cv-02709

Complaint-In-Intervention of Johnny Reynolds, et al

United States of America v. Flowers

March 12, 2004

March 12, 2004

Complaint
717

2:68-cv-02709

Order

United States of America v. Flowers

March 28, 2005

March 28, 2005

Order/Opinion
735

2:68-cv-02709

Order [Granting Preliminary Relief]

United States of America v. Flowers

May 20, 2005

May 20, 2005

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5324254/united-states-v-dir-al-personnel-dpt/

Last updated Feb. 22, 2024, 3:24 a.m.

ECF Number Description Date Link Date / Link

CASE SKELETON DOCKETED. COMPLETE DOCKET ENTRIES BEGIN 1998. FOR COMPLETE HISTORY PRIOR TO 1998 REFER TO HARD COPY DOCKET. (djy)

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

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)

July 31, 1998

July 31, 1998

PACER
579

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)

Aug. 18, 1998

Aug. 18, 1998

PACER
580

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)

Dec. 14, 2000

Dec. 14, 2000

PACER
581

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)

Dec. 15, 2000

Dec. 15, 2000

PACER
583

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)

April 5, 2001

April 5, 2001

PACER
584

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)

April 6, 2001

April 6, 2001

PACER
585

Initial Response by defendants to [581-1] Order to Show Cause. Referred to Judge Myron H. Thompson (djy) (Entered: 04/27/2001)

April 20, 2001

April 20, 2001

PACER
586

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)

April 25, 2001

April 25, 2001

PACER
587

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)

April 26, 2001

April 26, 2001

PACER
588

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)

April 26, 2001

April 26, 2001

PACER
589

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)

April 27, 2001

April 27, 2001

PACER
590

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)

April 30, 2001

April 30, 2001

PACER
591

NOTICE of Attorney Appearance for Don Siegelman by Edward A. Hosp (sl) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

PACER
592

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)

May 9, 2001

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)

June 19, 2001

June 19, 2001

PACER
594

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)

June 26, 2001

June 26, 2001

PACER
595

Submission of Defendants identifying issues pending disposition before the court. Referred to Judge Thompson. (djy) (Entered: 07/03/2001)

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)

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)

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)

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)

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)

July 26, 2001

July 26, 2001

PACER
602

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)

Aug. 20, 2001

Aug. 20, 2001

PACER
603

(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)

Feb. 20, 2003

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)

Feb. 24, 2003

Feb. 24, 2003

PACER
605

MOTION to Intervene of Timothy D. Pope referred to Judge Myron H. Thompson (vmc) (Entered: 02/26/2003)

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)

Feb. 27, 2003

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)

Feb. 27, 2003

Feb. 27, 2003

PACER
608

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)

March 19, 2003

March 19, 2003

PACER

Deadline updated; set Telephone Conference for 8:45 3/20/03 before Judge Myron H. Thompson (vmc)

March 20, 2003

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

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)

March 20, 2003

March 20, 2003

PACER
610

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)

March 21, 2003

March 21, 2003

PACER
614

NOTICE of Attorney Appearance for USA by Marybeth Martin and Jay D. Adelstein (vmc) (Entered: 03/26/2003)

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)

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)

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)

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

Case Details

State / Territory: Alabama

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 1968

Closing Date: Dec. 31, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States Department of Justice filing on behalf of African American applicants/employees, with a white employee and several black employees later intervening

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Director Alabama Personnel Department (Montgomery, Montgomery), State

Alabama State Employees, State

Alabama Department of Corrections, State

Defendant Type(s):

Sanitation/Public Works

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $61,499.70

Order Duration: 1968 - 2014

Content of Injunction:

Preliminary relief granted

Hire

Promotion

Retroactive Seniority

Discrimination Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Issues

General:

Pattern or Practice

Discrimination-area:

Disparate Treatment

Hiring

Promotion

Seniority

Testing

Discrimination-basis:

Race discrimination

Race:

Black

White