Case: 2:64-cv-00028-MPM Doc #: 1 Filed: 03/16/10 1 of 14 PageID #: 1 -E K I r CIVIL DC6!±28 DOCKET ill [Hon. Melvyn R. Leventhal, ..J lVU ,JVUU 0• •• TITLE OF CASE '1 "'"'"' r"" r::'lo1 n In _t. T .1. H. -ln'ln'l ·"' Melvyn R. 7!0rP1Jintz7ri. _\I Leventhal 10 1mh1 same aooress Ch::c] e, New York, - .. R i<:Ri<:r.r; A E. HENRY, ET AL N.Y. 10019 Fred L. Banks u Box 290 VS Jackson. MS ___39205 .. MUNICIPAl SEPARATE SCHOOL DISTRICT. -- - ET AL • !rlffi- •:n. nA 'TTn. nro Tff>C\.T nr. 'n-.-. _ii:,'Jl,. For Defendant. 121 Yazoo Ave MiRs. ' c ... /. John H. Cocke ' Merkel & Cocke P ·o Box 1388 MC' A- , 601/624-9641 DATE PLAINTIFF'S ACCOUNT RECEIVED DISBURSED DATE DEFENDANT'S ACCOUNT RECEIVED DISBURSED 4/22/64 Filing Fee $ 15. bo ·. -- ; .. ABSTRACT OF COSTS RECEIPTS, REMARKS, ETC. TO WHOM DUE AMOUNT Action:Civil Ricllts school desee:ree:atiort - i; - - 1597
Transcript
Case: 2:64-cv-00028-MPM Doc #: 1 Filed: 03/16/10 1 of 14 PageID #: 1-E K ~ I l~ r
10/26/64 Court Reporter's Transcript of Hearing at Oxford on 8/lq /64.fi led
11/25/64 Pltf's Interrogatories to Deft., filed.
12/9/64 Pltf's Motion to substitute certain Defts, filed. Photo ::opy Ill< f'.ile :l to L fiw C lerk. . l/7/65 Pltfs' Hotion for further injunctive relief, filed. Phot< copy n fa.il d to law ~lerk.
l/6/65 Order Substituting certain Defts, ent COB 2 p 674. Noti e of ntr mail ~d to coun el.
1/12/65 Copy ef Judge Claiton's letter to counsel reed. advising them t hat Motio1 fora
i further injunctive relief would be heard during March te1 m at C lar tsdale
1/13/65 lnefts' Answers te Pltfs' Interrogateriis. filed. with 2 I laPS as Ex1 ibits 1
2/4/65 Pltfs' Interrogatories (second set) to Defts, filed. I 2/17/65 Notice of setting for court trial,2 days, Apr. 8 & 9, 1q i:>5, ma "led to co ~nse l.
~xjxmixk~xx~MxM~~m~xrxm~xm£x~mxxmrxWiiiixmx~xxWiikixs~ ~ I I
;/9/65 Filed denosition of Dr William T Wilkins ,/Q /nr:. FilP.il iiP.nnc:;if"inn n-f Mrc; PP.arlie Mav RrnwnP.r
~
./9/65 Filed denosition of Marv Ann Williams. ;L!J../_6 5 Filed denosition of Lillie Wilson '-+/7/65 '
Defts' Answers to second set of Interrogatories, filed.
4/8/65 Before Judge Clayton, hearing on motion for further injt ,nctive re ief,
begun, continued 4/9/65 and concluded.
4/9/65 Order permitting Court Reporter to remove Eochibits for 3 ~day:: ' eJ t COB 2 p 712.
4/10/65 Spas. filed with Marshal's Return; served 4/5/65, A. I~ acson, Ab~ May,
Hymen Kantor, J. W~ McKellar, Hudson Bell and W. S. Kin< ade. I
5/ll/65 Court Reporter's Transcript ( 2 Vol.) of hearing on 4/8/ p5 and 4/< /65, f ile<.
5/17/65 Stipulation as to facts concerning boundary changes in C ity of Clc rksda e
during 1964, filed.
7/7/65 Court Reporter's Stehotype Notes of hearing on April 8 & 9, 19 ~5_, filed. (in( losed f'ile
7/7/65 Court Reporter's Stenotl~e notes of hearing on 8/19/64, Filed. in closed fi] es)
7/9/65 Court Reporter's Transcript, 2 Vol(duplicate of those fi ed 5/il/6 !)), fi ed.
8/ll/65 Memorandum Opinion, filed. I 8/ll/65 Order for Permanent Injunction(as to certain issues) Part I anc II ent ( OB ~. '
PP 725-728. Copies of Opinion and Order mailed to all cc unsel by 4 udge'~ Se ~ty.
8/ll/65 Notice of entry of Order mailed to counsel.
8/20/65 Pltfs' Motion to Amend Findings and Judgment, filed. Phc tocop~ of Motio.r: ma led to
Law Clerk. I ~---8/31/65 Memorandum and Order signed 8/30/65, overruling Pltfs' M ption ito J mend ] ind ngs
and Judgment, ent COB 2 p 735. Copy mailed to all couns el by ~Udi e's Se cty
Notice of entry of Order mailed to all counsel by Clerk. l
9/24/65 Pltfs' Motion for Further Relief (to grant transfer appJ icatic no Bett Je ~n
Yarbrough) 1 filed. Copy mailed by counsel to Law Clerk I
CLERK'S FEES AMOUNT DATE FILINGs-PROCEEDINGS REPDRTEO 11'1
[EMOLUMENT PLAINTIFF' DEFENDANT RETURNS
/24/65 9 Defts' Response to Pltf's Motion for further Relief (to .€ trant
transfer application of Betty Jean Yarbrough), filed. Cc PY ma· led to
La.v Clerk by counsel. " 10/1/65 Revised Plan for Elementary Attendance Zones in Subdistr cts
El and E2, Petition for its Approval and Other Relief fi ed. Cppy t-O Law Cle p:k by our 10/2/65 Memorandum Opinion and Order signed 10/l/65, on Motion f pr the
Benefit of Bettye Jean Yarbrough, ent COB 2 pp 741-742.
10/2/65 Cert. copy of Opinion and Order sent by certified mail t p coun ~el
for plaintiffs and defendants.
10/2/65 Order Amending Previous Order of 8/10/65(that transfers ~ust b ma :ie
within 10 days after school opening) ent COB 2 p 743. c DPY of Ord !!r I mailed to counsel by Judge's Secty.
10/7/65 Order Amendinx Order for Permanent Injunction (of 8/10/6 t5) cor rect in_g_ at tenc ance
zone numbers, ent. COB 2 p 743. Copies of Order mailed Ito cou ~se, by Ju dge s Sect tf· l0/9L65 Bltfs' Interrogatories to Deft. filed. ( 1 thru 11) I
10/25/6~ Fltfs' Objections to Defts' Revised Plan, and other ObjE ctionf , f led.
.Notified Law Clerk by telephone of filing of objections andrE que t for hea ring. 10/28/61: Notice of hearing set for 11/15/65 mailed to counsel •
. 10/28/6" Defts' Answer to Interrogatories (1, 2, 6. 7, 9, 10 and 11), ile . lOL28/6" Defts' Objections to other Interrogatories and motion f< r OrdE r t Stri e, ~"iled.
Memo to Law Clerk of Objections to Interrogatories and l etion to trike 11/5/65 Pltfs' Objections to Defts' Motion to Strike Interrogate l--ies, File d.
Memo to Law Clerk of filing of objections to Motion.
11/15/65 Court Hearing on Objections to nevised Plan and Objecti6I s. to .~nte rogat< rie s
begun and cloncluded.
11/24/65 Filed Further Answer To Interrogatory Numbered 2 in Inte rogatc rie Date
October 7, 1965. (Copy of answer furnished Judge Clayto by s mme ~s Luc ett,
Atty. for Clarksdale Schools)
11/26/ S Pi 1 Pil r.nnrt- "RP.nnrter •_s transcri nt of nroceedi li!S h ~ld llll /6i at Clarksdale. Miss.
11/26/ pS Entered Order Sustaining In Part Objections T ) Int ~rrc gato ie~ . C.O.B. 2 ' Pg. 756
_il./26/! os Mailed notices to all counsel of record of en ry o a, ove Order.
12/14/65 Court's Memorandum Opinion, filed.
12/14/65 Order signed Dec. 13, 1965, approving defts' Revised Plc n, (ex< ept denyi g D ~fts. I subdistricts)and cti
-'• authority to change boundaries within etain ng urisd )n, ent. COB 2, pp 766-767. Copies of Opinion and Order rna led b Ju ~ge' s ect • to~ st:
CLERK'S FEES AMOUNT DATE FILING5-PROCEEDINGS REPORTED IN
EMOLUMENT PLAINTIFF DEFENDANT RETURNS
.2/17/65 Plaintiffs' Notice of Anneal. filed. --
L2/2l/65 Bond for CQsts on Appeal, $250 (CASH) filed.
L2/2l/65 Designation'of Record on Appeal. filed •
.2/21/65 Record on anneal mailed to CCA New Orleans .L.a.
12/28/65 Letter from CCA acknowledging_ receipt of record on CW_Ile ~1.
3/25/66 Court Reoorter's stenotvoe ta:~_es of hearing held ll/l5/6D fil led. 10/21/66 Petition of Ca~ol Ann Brocato for leave to transfer to ~larks dale •'
Senior High School, filed.
10/21/66 Order directing Deft. to permit Carol Ann Brocato to tr ~nsfe:r to
Clarksdale Senior High, ent COB 2 p 821. Two cert. cop ·es of Ord er handed to pet;,it:ioner' s· attorney-(Hon. Vincent; Bro_c.a.to) fo s.er'\i ice on De1 t ,"
3/28/6 7 Judge Clayton's letter of March 24, 1967;: copy of letter mailed tC·
Marian E. Wright, Jackson~ Miss.; Derrick A.· Bell,.:N~Y., NY.; Hon. Geo. F. ' ' Maynard, Ron. William H. Maynard and Ron. Senunes Luckett, Cla:r ksd~ le, M' ss •. ..
and Ron. Will Wells, Asst. Atty. General, Jackson, Miss.
4/17/67 Motion of oltf's counsel· Ron Derrick· A. Be11 Jr·. to w thdra w. fli.led·.
4/18/67 Order ·Grant in_g leave to counsel Bell ·to withdraw. ent co ~ '2 "p B44.
Notice of entry of Order mailed to counsel. 7/24/67; Wotice of Appearance, Paul Brest and Iris Br~st_as caunf el-fai Pl fs.
Copy of Notice mailed to Judge Clayton's office.-'·
4/1~/68 Filed Notice of Appearance Reuben V. Anderson, as add it onal oun sel fo r'.p} tfs. I I
.3{2-69 Filed Notice of Appearance, Fred L. Banks, Jr. as a'dditi nal·c ouns el for Plt fs. 3-8-69 Filed copy of Opinion of the United Court of A ppt
. i States als f::>rt 1e
Fifth Circui't (_March 6, .-1969)_ .. ?-£1-0':J r l.J.eu l'lot:;ce OI_ Appea:u:t.u\.:t:: .u.L rlt::J.vyu K • .L_evt::uula_.L a~ aLL ~. l:l~ fru l: ~. . ' 6-27-69 Filed Not1ce of· Appearance of John A. Nich-ols as atty. f pr p s. 6-30-69 Received Original record f.rom Cou,rt of Appeals, .New Orle ~ns.· < ..
Filed Per Curiam. Filed Judgment issued as Mandate. Mailed copy to Judge ~eady, att ys. fc r p tfs. 8 nd
attys. for defts-.
7-3-69 Mailed Notice of assignment of judge to counsel of reco:r ~- /J5o-- . . ;t, 7-7-69 Filed copy of Opinion of u. s. Ct. of Appeals on Petitio p. For ~ehe a ring & p t1t10 For Rehearing En Bane~ BOTH DENIED.
7-9-69 Entered Order signed by Judge -Keady on 7-8~69, 'directing defts. to file tnew plan o-f deseg:r:~gation not later than 7-23'-69·, pltfs. to make obj ~ction s by 7-28- fJ 9 . ~ nd· pla p. to
be considered in C'dale on 7-30-69, in COB.4, pages 157 ~ 158. ·No if:ice o f er try rna iled . - to . counsel of record.
7-11-69 Filed Motion to Vacate Order dated July 8, 1969; Copy m iled oM ~rtin ~ili atrick. -··'
7-14-69 Filed copy of letter written by Law Clerk to counsel ad vi ~ing c fcl: ange c f t me to 7-17-65 --·· D. c. 110 .Lu u- VLL.Lt:: LUL ut::aLLu~ uu qut::<>l.-Lvu v_,_ .... ~ ..... ~,_ p'-v._. ........ ~_._ .. 5 ~ .. ~ ._._. ~ -- .
1-2-70 Filed clefts' Objections to Plan for School Desegregation Filed by US Office of.
HEW; Motion to Strike Desegregation Plan Prepared & Filed by HEW; Motion to Dismiss Because of Lack of Jurisdiction Over Subject Matter. Copies mailed to Judge Keady's Law Clerk.
1-5-70 Filed Pltfs' Objections to Plan of Desegregation. Copy mailed to John Hailman. 1-9-70 Entered Exhibits # 1 through iF 17 .
1-10-70 Filed Response to Directions of Court. 1-U-70 Filed Motion for Modification of Order or in the Alternative, for Additional Find ng
of Facts. Copy mailed to John Hailman. 1-14-70 Entered Order, signed by Judge Keady on 1-10-70, setting out steps to be implemeu ... ed
in obedience to mandate of 5th Circuit with goal toward desegregation, in COB 4, pages 443-449. Notice of entry mailed to counsel of record.
1-14-70 Entered Order of Reference to Special Master, signed by Judge Keady on 1-10-70, in COB 4. pages 450...:452. Notice of entry mailed to counsel of record.
1-l.J-/U Entered Order denying pltfs' motion for modification or add'l finding.of facts signed by Judge Keady on 1-14-70. in COB 4 page 455. Notice of entrv·maih~d "to counsel of record.
1-15-70 Entered Order denying pltfs' motion for injunction placing·HEW plan into effect immediately p.ending aE:eeal, signed by Judge Keady on 1-14-70, has been entered·in COB 4,. page 456. Notice of entry mailed to counsel of record.
1-15-70 Filed Notice of Appeal - $250'.00 cash "bond. Certified copy of Notice mailed to 5th Circuit, Ct. Rpr, Law Clerk & opposing counsel.
1-28-70 Filed Notice of Appeal & Cross-Appeal by Defts., together with $250.00 Cost Bond. 1-28-70 Mailed original record on appeal to Fifth Circuit. 1-29-70 Filed Pltfs Designation of Record on Appeal. Copy mailed to SthCircuit. 2-19-70 ~ailed Exhibits to 5th Circuit as per request from Semmes Luckett. Maps & aerial 'hoto. 3-2-70 Entered Order, signed by Judge Keady on 2-27-70. extending time for filing of repc rt
by special master until 3-10-70 in COB 5, page 102. Notice of entry mailed to counsel of record.
3-11-70 Filed Special Master's Plan dated 3-6-70. Mailed certified copies to all counsel of record and to Supt. of School.
3-12-70 Filed statement of Special Master for professional services & out of pocket expen es. J-HS-/U F1.led Mot1.on for &:tditional T1.me in Which to File Objections to Master s Plan. Cc py
ma1.led to Law Clerk. 3-19-70 Entered Order, signed by Judge Keady on 3-18-70, allowing payment of services &
expenses to Dr. Murphy, in COB 5, page 138. Notice mailed to all counsel of reco d. 3-19-70 Entered Order, signed by Judge Keady on 3-18-70, extending time for filing except ons
to plan until 4~13-70, in COB 5, page 139. Notice of entry mailed to all counsel 4-9-70 Mailed Notice of Hearing on Special Master's Report & Obiections thereto to be h :!ld
in Aberdeen on 4-15-70, to all counsel of record. 4-10-70 MAILED JACKET FILE TO ABERDEEN for hearing on 4-15-70. 4-10-70 Filed Pltfs' Objections to Report & Plan of Special Master & Statement of Positio n. 4-10-70 Filed Interrogatories to Defendant. 4-13-70 Filed Notice of Depositions Upon Oral Examination to be taken by Pltfs. in Atlan a,
Ga. on 4-17-70. 4-U-/U Filed Objections of Defts. to Spec. Master's Plan. Copy mailed to Judge Keady. 4-15-70 Notice mailed (from Aberdeen) to all counsel of record resetting hearing for 4-24 70
in Aberdeen. 4- I7-70 Filed Ct s Opinion received from 5th Circuit, retaining jurisdiction during limit ~d
remand for further proceedings . 4-24-70 Hearing in Aberdeen on Spec. Master's Rpr. & Exceptions. Matter taken under advi ~ement.
Filed Pltf's Exhibit #1. 5-5-70 Filed pltfs 1 Motion for Order Providing for Periodic Reports; together with Notic ~.
F~led Memo. Opinion of Ct. dated 5-8~70, and entered Order, signed by Judge Kead on
5-8-70,. overruling exceptions of pltfs. & clefts. to ~aster's plan.and adopting s id plan in its entirety, with supplements thereto, in COB 5, pages 220-224, inclusi e. Notice of entry mailed to counsel of record.
5-12-70 Filed Ct. Rpr s transcript of proceedings held in Aberdeen, Miss. on 4-24-70. (Ccok) 5-12-70 Mailed record on appeal to 5th Circuit.
S-22-~7~0-~~F~i~l~e-d~M~o--t-~~-o-n--~t-o-W~i~t~h~d-r_a_w~t~h-e~R_e_c_o_r_d~.---C~o-p_y __ m __ a7i~l-e~d--t-o~J~u~d~g-e~K~e-a-d~y-.----------------~-------
5-25-70 Filed clefts' Respopse to Motion to Withdraw the Record. Copy mailed to Judge Keacy. ·
5-27-70 Filed letter from John Hailman, Law Clerk, with Judge~s instructs re: mailing re·ccrd to counsel for both partie~.
5-27-70 Mailed original record tp counsel for pltfs. by Registered Mail, return receipt requestec
6-2-70 Filed Defts' Answers to Interrogatories Dated April 9, 1970. 7-2-70 Filed copy of letter from counsel for pltfs. t_o_ counsel ~or clefts. forwarding rt:\C rd to l
8-13-70 Filed Fifth Cirai.t Court '·s opinion-order - REVERSED and REMANDED as to principal appeal; AFFIRMED as to cross-appeal. Mailed copy of same to Judge Keady, Atty. Leventhal and Luckett. ·
8-17-70 MAILED JACKET FILE TO GREENVILLE 8-18-70 Mailed. no.tice (ffom Greenville) that a pretrial conference. to be followed by~ a ft 11
hearing is set for Fri. Aug. 21, 1970. 10:00 A.M •• at Greenville. Miss. 8-20-70 Filed Motion For Amendment To Order Of May _8, 1970¥x:s:~gKR Mailed Copy to Judge
Keady's Law Clerk. Mailed orig. to Greenville to b~ placed in jacket file.
8-24-70 Entered Supplemental Order Upon Remand, signed by Judge Keady on 8-21--70, in COB 5, pages 340-343. Notice of entry mailed to counsel of record.
8-25-70 Entered Order, signed by Judge Keady on 8-24-70, setting out deadlines for submission of reports mentioned in •• 4 & 6 of above order, in COB 5, page~344. Notice of eptry mailed to counsel of record.
10-14-70 Filed Motion to withdraw $250.00 cash bond.pn appeal by counsel for pltfs. Copy mailed·
12-8-70 Filed copy of letter ·from Advisory Committee to Judge Keady regarding add'l time ~help
-in submitting plan for desegregation of Booker T. Washington School. 12-8-70 Filed copy of letter from Judge Keady to Advisory Committee extending· time for adp'l 30
12-8-70 Filed copy of letter from Judge Keady to counsel for clefts. with regard to progress of c 12-28-7(. Filed Proposed Plan of Pupil Assignment .. Copy mailed to Judge Keady.
1-11-71 Mailed Notice to counsel of record setting Hearing for C'dale on 1-18-71.
1-12-71 Filed letter-received by Judge Keady on 1-8-71 from Advisory Committee with thei recorr
1-12-71 Filed Response by.Defts. to Plaintiffs' Proposed Plan of Pupil Assignment. 1-15-71 Filed Pltfs' Alternativ:~ Plan of Pupil Assignment. Copy handed to Judge Keady.
1-19-71 Entered Order, signed by Judge Keady on·l-19-71, effecting plan for desegregatin Booke
T. Washington School, effecting by Sept., 1971; bi"Facial committee to m9-ke reconn~endati on zone lines for Oliver by 4-1-71, school board by 4-20-71; evidentiary hearing set fo
--------~~M_a~y~_t_e_rm of Ct. & final order to be entered. COB 6, pages 161-163. Certified c py of Order mailed_ to all members of biracial committee, members ot Bd. of Edu., Supt. of Edu
and counsel of record as directed in Order. 1-26-71 Entered Order, signed by Judge Keady on 1-25-,71, ordering school board to file r~port <
3-1-71, & on 12-1 and 4-15 of each school year subsequent to 70-71 setting forth info.
'l.-1.4-/1 r.equired in order .. COB 6, pages 177-179. Notice of entry mailed to counsel of !record. F~lect copy ot letter from JudgeKeaOyto counsel for defts. 1n reply to n1s letter of .
adv1s1ng of standard procecture on rpr~ng. ~~~~~~~-.~~--~--~----=-------~----~~~~~---------------------------------------~------J-l-71 Filed Report called for by order of 1-25-71.
3-18-71 Filed copy of letter from Judge Keady to Chairman of Advisors Committee re: attendance c
meeting on 3-22-7l.by members. Copy mailed to all' members as directed by Frances on te J-Zz-71 Filed Motion for Supplemental Relief with Notice of Motion. Filed- Interrogatori s to
Defendants • Copies mailed to Judge Keady. -3-26-71 Mailed Notice to counsel of record setting hearing on motion for supp'l relief inC dale
~-1-71 Filed letter from Advisory Committee to Judge. '+-1-71 En tere_clu Order, _signed by Judge Keady on 3-31-71 ordering Bd. of Trustees & Supt.
to file proposal for altering zonw lines of Oliver to serve grades 1-6 by 4- 20-71 same to be considered by ct. on 5-19-71. COB 6, pages 285 & 286. Notice of entn mailed to counsel of record.
~-19-71 Filed Answers to Interrogatories Propounded to Defendants. ~-20-71 Filed Response of Defts. to Orders of 1-19-71 & 3-31-71. ·-18-71 Mailed Notice to counsel of record resetting hearing -on motion for supp 1 relief or
5-27-71 in C'dale. -27-71 Filed Amendment to Response of Defendants to Orders of 1-19-71 & 3-31-71. 5-27-71 Order, signed by Judge Keady, setting out faculty ratio, and assignment of pupils for
preceding school year. COB 7, pages 34-36. Notice of entry mailed to counsel. JS6 9-8-71 Filed Detts Mot 1on for Leave to Ass1gn to Booker T. Wash1ngton Elementary Schoo '
Certain Students now Assigned to 011ver Elementary School. Copy ma1lect to FrancE s Gru:t 9-9-71 Entereo Oroer, signeo oy Junge Keaay on 9-7-71, authorizing de:tts. to reass1gn & transfe
4th, 5th &Tin graoe stuaents from Oliver to Boo leer T. tor purpose ot re11ev1ng < ver-rrowded cond1t1ons at Ol1ver. CUB t, page U2. Not1ce of entry ma1Ied to counsE ~ .l •
_2-1-71 Filed Report called for in Order of 1-25-71. -16-72 Filed Petition for Permission to Sell Lands Not Needed for School Purposes and t< Invest
the Proceeds in Similar Prc~erty. Co~y handed to Will Ford. -21-72 Mailed Notice of Hearing in G'ville on 3-31-72, to counsel of record. 3-29-72 Filed Pl tH' Res2onse to Defts' Petition for Permission to Sell.Lands not Needed for
School Purposes. Coov mailed to Frances Griffin & original mailed to Marv for i cket fi ~-3-72 Entered Order, signed by Judge Keady on 3-31-72, directing the Board of Trustees to
submit alternative proposals for acquisition of other school sites in "neutral" neighborhoods. etc. before selling presently owned site in NE sector of Clarksda e, in COB 8, pages 67 & 68. Notice of entry mailed to counsel of record.
-14-72 Filed Report called for by order of Ct. dated 1-25-71. 7-5-72 Filed Petition for Permission to Sell Lands Not Needed for School Purposes and to
Invest the Proceeds in the Purchase or Rental of Portable Classrooms. Copy maile< to Judge Keady by counsel. to Judge by coui:lse 1.
/-Z)-/L Answer to School District's Petition for Permission to Sell Lands filed. Copy mai led I 7-27-72 Response to- Pltfs' Answer to P-etition for Permission to Sell Lands filed. Copy
mailed to Frances Griffin. t5-l-72 Mot1on to· Compel Defendants to-Transport Students filed. Copy mailed to Judge Ke dy
by counsel. at 2 P. 8-2-72 Filed letter from Law Clerk to counsel setting hearing on motions in G'vilie on 8 9-72/ 8-7-72 -Motion to Remove & Replace Board of Trustees & Notice thereat t1led.
Motion to Add Pa-rties Defendant & Notice thereof fil'ed. Copies mailed to Judge Keady by counsel.-
8-8-72 Mailed Notice of Hearing on Motions set for G'ville on 9-25~72 at 9:00a.m., to < ounsel. 8-9-72 Hearing (in G'ville) on defts' petition for permission to sell lands - petition g ranted. 8-14-72 Defts' Exhibits 1-A through 1 G, placed in jacket file. 8-14-72 Order Authorizing Sale of Lands not Needed for School Purposes and for Use of Pre ceeds
of Sale, signed by Judge Keady on 8-9-72, entered in Civil Order Book 8, pages 2~ 1-234. Notice of entry mailed to counsel of record.
'6-LL-IL Deft's Interrogatories to Pltfs. filed. 9-15-72 Deft's Response to Motion to Compel Defendants to Ransport Students filed. Copy
mailed to Ray Mitchell. ~-Z)-/Z Pltfs Motion to compel defts. to transport stuaents susta1nea. 9-25-72 Entered Order, signed by Judge Keady on 9-25-72, d1rect1ng detts. to bus cStudents 1n
grades l through b that lived more than V2 m11es trom school, to commence lU-.lo -1 . COB 8, pages 276 & 277. Notice of entry mailed to counsel of record.
0-2-72 Motion to Amend Order of 9-25-72 filed. Copy mailed to law clerk. OVER
--.l,-,0,_-_,4,....._....,7""'2,....; -=E=-n.....,t=-e_r_e_d....-O-=-r---.d_e_r_,_s-;;i-g_n_e....,d;--<b-y---,J=-u-d'g-e---,K=e-a-d""'""y_o_n-.,.l-;::0---::.3---;;7;-;;2:-,--:dc-:i:-r-e-c-t-i=-n-g-t-;;h:-a-t,--d-,--e-o:f-:-t-s-.-.-n-o-t-u-t--=i:-.::l--::i:--z~' ---------+ --~~~~~~~~~~~-~~~~~~~~~~~~~~~--------------+j_a_n~y~o_f ____ ~he_r.eassig~~nt methods suggested in § 4 of their response so as to minim"ze
number of ~~udents re9.uired to be transported, in COB 8, pages 293 & 294. Notice of ----------+---------~· ________ 1 entry mailed to counsel of_=r_e~c~o~r~d~·~~~--------~----Tr_e_-~----~--~~--~--~----~----
10-6-72! Filed copy of letter from Judge Keady to counsel re,/employment of black science 1 major as proposed by deft. school board.
--10-6-121 -Fiie<r No-tiee_o_fAppeaT;-c08tBond-.-&-=--·D=--e-s---;-i_g_n_a---=-t•i-o_n __ o-;f;--=R:-e-c-o-rd and Statement of Issue to ------~ Presented on the Appeal. Certified copy of Notice mailed to counsel, 5th Circuit,
~Mrs. Hogue & ·ct. Rpr. --~11-1QT:-=-'1H8't--:-=-']T'f!r-- mea:··-cT~ Rpr I s Tr a=n-=s-=c-=r'"'l.-:::p"t~o"t--=p=r::-:o:-cco-:eo-:e:-:a:r-:l..-:n::-.g==-s:::--1fito-e~ra::r--·-:rl.=n-.,.,Crf"'-:la-:::acTl-:;o-e on 9- 25- 72' before
_____ 1 Ju9ge.~K~ea~d~y~ __ (~K~e~l~l~y~)~·~~~----------~------~----~----------~--------------10-20-72 Mailed Record on Appeal, as designated, to 5th Circuit.
11-30-72 Report bj[_Qrde~~i_l_-=2~5--7~l~,~f~1~·l~e~d~·~--------~--=---~-------~~~-..---~-----1 ____ __ 11-22-72 Filed copy of Motion of pltfs. to return appeal bond & copy of Judge's order.
: Filed copy of check 11. 2060 fon•$1,500.00 payable to Anderson, Banks, Nichols & Leventha /as refund of cost bonds on appeal.
4-16-73 Filed Report to the Court 6 - 25 - 7 3 Filed c e-r"'-':'t-=;i--=;;f;_::;i'-e__:;d;-=-c--=o=p~y'----'o::..:;f;.=a'-'n=--o-p-l.-.-. n---.io-n----o-r~--.-e-r--o-,.-f"5o;t-.---h'C.,i.-r_c_u....,J..,t~1.-S.,-s.,-u-e-~d-,---=-a-=-s'--=a::::-n=-d......-c t •o-.:cr.-.:t,..-::ll •e---=m::-ca=-=tr±d:ra::ctc-e=---,
AFFIRMED & REMANDED. Copy mai_led to RPy Mitchell at G'ville. 7-5-73 I Filed Bill of Costs approved by 5th Circuit & taxed in the amount of $59.50. 7-9-73 Received original record on a_ppeal from 5th Circuit. · __
10-29-73 Notice of Withdrawal of pltts mot:J.on 1:o Lt::mvvt:: ec replace Bd. of Trustees filed en or about 8-3-72, filed. Copy mailed to Ray Mitchell at G'ville.
11-30-73 Filed Report to the Court 3-26-74
4-1-74 4-4-74
8-1-74
8-16-74
8-23-74 8-23-74
9-18-74
Y-ltl-74
Entered Order. signed bv Judge Keadv on 3-25-74 sustaining motion filed 10-14-70 &
directing that Clerk refund to oltfs. the sum of S250.00 as anneal bond in COB 1 o. , Certified coov mailed to Clerk for oavment. Report to the Court filed. Received copy ot check & transmittal letter with return receiot showing $250.00 r~fund for cost bond received bv counsel for oltfs.
MOtion for Leave to File Supp'l Complaint & Notice of Motion f1led. Motion for Leave to Intervene as a Party Pltf. & Notice of Motion f1led. Motion to Shorten Time for Filing Answers to Interrogs. & Notice of Motion fJ.led. Interrogatories to Deft. filed. Copy of all motions & notices mailed to Ray, together with copy ol: proposed supp compl Response in Opposition to Motion of Joseph Hardy for Leave to Jntervene as a Parly Plaintiff filed. Copy mailed to Judge Keady at G ville.
Received copy of letter from Judge Keady to counsel with regard to attorney s tee • Entered Order, signed by Judge Keady on 8-22-74, denying motion or Joseph Hardy t intervene as a party pltf. but w/o prejudice to his right to file J.ndependent act on. COB 11, pages 239 & 240. Entered Order, signed by Judge Keady 9-16-74, (1) allowing Pltfs 30 days to file motion for fees enumerating legal services rendered prior to 7-1-72 etc., (2) tha within 15 days after receipt of motion and accompanying affidavits, defts. shall respond, (3) that sworn responses must be made by defts to all statements of fact made under oath by pltfs or their representatives, (4) that the issue of attys fees is set for full hearing at Clarksdale on 12-18-74 at 9:00 A.M. and (5) that the court schedules a pretrial conference on 12-11-74 at 1:30 P.M. in Clarksdale. COB 11, page 264. Notice of entry mailed counsel. Mailed notice of Pretrial Conference to be held in Clarksdale on 12-11-74 at 1:30 P.M. to all concerned.
10-25-74 Entered Order signed bv Judge Keadv allowing oltfs. an add'l 60 days within whi~h to file documents enumerated in Ct's 9-16-74 order. in COB 12, page 17.
11-27-74 Report to the Court called for by order_ of 1-25-71, filed. SEE NEXT PAGE
Case: 2:64-cv-00028-MPM Doc #: 1 Filed: 03/16/10 11 of 14 PageID #: 11Henry v. Clarksdale Schools DC6428-K
0 C 110 Rev Civil Docket Continuation
DATE PROCEEDINGS DateOrd
Judgment
1-10-75 Affidavit in Support of Motion for Award of Attorney's Fees filed. Copy mailed t ~~~--~~~=====-~------
---------4-J~u~d~ge Keady by co~=n~s~e~l~·------------------------------------------------~----------~-----l-22-7') Affidavit in Sunnort of Award of Pltfs' Attorneys' Fees filed by Melvin Leventhal.
2-20-7' Conv mailed to Judoe Keady by counsel. ---Entered Order, signed by Judge Keady on 2-18-75, allowing defts. an add'l 30 day from date in which to file response to pltfs' motion & affidavits as required by Ct's order of 9-16-74, in COB 12, page 220.
~ 1-~?,~4-~71~S-4~R~e~~oo~:r~t_ to the Court called for by order of l-25-71, filed. 9-29-75 Mailed Notice of Hearino on Issue of Attys' Fees set for G'ville on 11-10-75 at l 30. 10-10-75 Motion for an Award of Attorneys' Fees filed. Copy mailed to law clerk. 11-5-75 Objections by Defts. to Award of Attorney's Fees with Affidavit of Gvcelle Tynes,
Former Sunerintendent of Schools and Affidavit of Chester H. Curtis, Former Pres. of Bd. of Trustees filed. Conv mailed to law clerk.
11-11-75 Entered Order, signed by Judge Keady on 11-10-75, directing pltfs. to pay to Hon. Melvyn R. Leventhal, counsel for pltfs., the sum of $1,500.00 as attys. fees for services since 7-1-72. All claims for services rendered prior to said date are denied. COB 14, paqe 64. Notice of entry mailed to counsel of record.
1 · .l- I 'J Report to the Court filed. 12-8-75 Notice of Anneal filed. $250.00 Cash Cost- Rnnil received (R#_2_8_Q]_f,) f'nnu of not-_ir.f
mailed to 5th Circuit, cour.sel of record & Ct Rpr. 12-22-75 1-16-76
Filed Rul ina of t-hP C'onrt-~_!::aJ..Pn_!,nlll_nJ.liU.lNnut___.____:..Lll4-----0-::-'1.__;;z_ qi--L77..L_S __ ---c--::-~--:---:>"----;-------.-------:--~-~.---+----Motion of Defts. for Order of Dismissal filed. Copy mailed t6 .law clerk, togethei with oriq. of the brief.
order in abeyance pending final outcome of appeals, in COB 14, page 211. Received copy of letter from counsel for ap~allant to 5th Circuit with request tlat entrie record be mailed as onnosed to record already mailed.
Mailed balance of record on appeal to 5th Circuit as requested by counsel for appe lant. Copy of indexed docket entries mailed to counsel of record.
4-2-76 RPnnrt- t-'"' t-h<=> r,-...,..-t- called for by order of 1-25-71, filed. 11-30-76 Report to the Court, called for by order of l-25-71, filed. 4-1-77 Report to the Court by order of 1-25-71, filed.
t?/]/77 IRPnnrt to Court by Order of 1/25/71 filed. 4/11/78 Report to the Court by order of 1/25/71 {Clarksdale Mun. Sep. Sch. Dist.)
--~--~------+------
9~--==2-==2~-,-;.7~8:__~F=--=l::..:d:=.:•:___:C=-c0:::_)Pt:..LY_O~f~M::::e~m~o~.----"t'--'=o'--------'c::.Oo,_,u~n~s,_,e::_:l~r~e~. __cP~:::l=:a~c:-::.1.::::. n~lQ_g=r~e=gi::::s~t:=r~y---=f:.:u:::n:::d:::s in interest-bearing ace t • L2-5-78 Report to the Cour_t_·~-----,---- ~·----~------------------------------------------------~----lli--------L2-ll-78 Copy of Ct' s Opinion (5th Circuit). 1
---------~C,.---ertified copy of J'ment issued as & for mandate. -----------·-----------=±----t---------:--12-79 :!~!r~f t~o~~= t~f~~~_by the Ct. ~~:..~ __ ~=--==.::c__:::__::____:_ ______________ =_~------============---+--_-_-~~--4r_-l,....L~,.,---~ 7''l'r"':J-+-;::D:-e~f"7ts 1 Renewed Motion for Order of Dismissal. I 5-1-79 Memo. from law clerk requesting _ _!red Ba~ks 1 response Eo-- def_!-~' renewed motion for j. -------~r---order of d1.sm1.ssal w1th accompany1.ng legal memo. w/in 10 days. 5-24-79 Notice of Hrg. on Motion for Order of Dismissal, set for C'dale on 7-18-79 at 2 p m. ~7~-~1~8~-~7n9-;~M~o=TION TO ADD PARTIES DEFT.
-----r------~-------------------------------------~~------------------------------------+------7-19-79 Defts' Obiections to Motion to Add Parties Pltf. 7-1<}-7<} AT HRG - Defts' renewed.motion for order of dismissal DENIED; Pltfs' motion to
7/23/79
~nn add 1 l parties pltf. DENIED W/0 PRE~J~·----------------~------------4-----Exhibits nlaeed in iacket file. Ct's Order denvin£ defts' Motion for Order of dismissal. Entered in COB 19 pp.
277. Notice of entry mailed to counsel. Defts' Add' 1 Objections to Motion to add Part1.es Pin:.
to admit movants as renresent::~t-ivP nlt-fl'l t-o m!'lint-!'lin r!'l<>"' <><>"' ,..1<~!=:!': ;:~rt-ion
in lieu of Rebecca Henrv et al COB 19, Page 385 & 386.
10-26--79 NOTICE OF APPEAL. Certified COPY with certified copy of docket ent ries mailed to 5th Circuit. Copy of notice mailed to counsel. $70.00 filinq fee paid.
lU-Jl·/'J DESIGNATION OF PARTS OF RECORD APPELLANTS INTEND TO INCLUDE IN RECORD & STATEMEN . 11-14-79 Designated Record mailed to 5th Circuit with copy of index to counsel of record.
f----
11/16/79 Designation of Additional Parts of the Transcript to be included iri ·the record on appeal- copy mailed Ct. of Appeals
-I Mailed AEEeal Information Sheet together with analysis to Fred L. Banks, Jackson
I2720779 I Non-Jury Proceedings held July 19, 1979 before Judge William c. Keady. (Eliiah Wilson on Direct Examination& Cross Examination)
-4/15/80 Report to the Court. l 2/12/80 Report to the court.
'-/ Hi/lH Pltts response to renewea: Motion for ora:er of D1sm1ssal and Mot1on tor Supplemental Orde;r.
2/12/ 81 Supplemental Des1gnat1on of Record on Appeal. 4/14/81 Report to the Court.
5-28-81 Mailed Notice to counsel of record to nick uo anv bulkY exhibits an< mn i'nt-;:dn t-hPm in their oossession.
b/ lb/81 COURT'S ORDER (5th C1rcu1t Court of Appeals} Orderea ana adJudgea by thlS court that the J ment ot .· Dlst. Court lS AFFIRMED. J.t: lS further ordered tna t aetts; appellants pay l:o pTrrs7appe1.1.ees, 1:ne costs on appeal to be taxed by the clerk of th1s court.
CUUH'l' ::; OP l.Nl.UN. . l:HLL U~ CUt;'l't; AJ:>J:>HUV.I:!:lJ HY ::>'l'H ClHCUl.'l'.
12/21/81 Report to the Court 4/14/~'- Reoort to the Court:.
1.::; 1..5/ 15<:: Keport: 1:0 Tile COULl:;.
l 4.L],4183 RPnort- t-o 'T'hP ronrt-2/20/83 REPORT TO THE ·COURT Clarksdale Municipal Separate School Dist. 2/6/84 MOTION To Amend the Previous Order Regarding Elem. School Pup1l Asf: 1gnrn 2-13-84 NOTICE ~Pt-t-ina hra on Clefts' motion to amend
nrevions order in f''t'lrlle on 3-15-84 at 9 a • m.
2/15/84 RF.!=:PnN!=:R t-n Mnt-;1'"\n rl'"\ ZbnoY>rl n...-au;,....,C" r. ~ ·- n,....~~....-..:~;~~ Rlpm !=:t"'hool Pnnil A~~ianmpnt-c hu ~i't-f'c ''::I
2-24-84 CT'S ORDER qrantinq Dltfs. 10 days from date (2-23) w/in which to resoond to defts' motion to am lend nrevious order· n;::o,...,..;,~ ...:~; .... ,....~ -"
rhP l"'t- in C'Clr~le on 1-lS-Hti rlt- ? .... ;::; .;;,'"'"''-,_._ .._ Ll
Rebecca E. Henry Et Al The Clarksdale Municipal Separate School District Et Al
DOCKET NO. 6428 D
DATE
t2/18/96
04/15/97
11/24/03
01/20/0'-t
~H/25/10
02/01/10
NR.
PAGE _OF __ PAGES
PROCEEDINGS
REPORT TO THE COURT
REPORT TO THE COURT
MOTION (D) to amend prior orders related to the desegregation of the Clarksdale
Municipal School District. (Motion given to Judge Davidson by counsel).
ORDER Granting Motion to Amend Prior Orders Related To The Desegregation Of The
Clarksdale Municipal School Disgrict. Signed By: Chief Judge Glen H. Davidson
January 15, 2004
Motion (D)
ORDER
To Amend Prior Orders Related to The Desegregation of the Clarksdale Municpal School District, to allow the Implementation
of "Magnet Schools": (Copy given to Judge Davidson)
Granting Motion to Amend Prior Orders Related to the Desegrat~on of the Clarksdale Municipal School District to Allow the Implementation of "Magnet Schools"
