FILED

Case 2:65-cv-00396-MHH Document 1011 Filed 03/27/15 Page 1 of 4

2015 Mar-27 AM 11:55

U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LINDA STOUT, et al.,
Plaintiffs,
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,
v.
JEFFERSON COUNTY BOARD OF
EDUCATION, et al.,
Defendants.

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Case No.: 2:65-cv-00396-MHH

JOINT STATUS REPORT IN COMPLIANCE WITH THE COURTS

MARCH 24, 2015 (DOC. 1010)
On March 24, 2015, counsel for the City of Gardendale Board of Education
(Gardendale), the Jefferson County Board of Education (Jefferson County),
the United States Department of Justice, and the Private Plaintiffs held a
conference to discuss the proposed timeline regarding Gardendales efforts to
petition the Court for permission to operate a municipal school system, as ordered
by the Court on March 24, 2015. (See Doc. 1010). As a result of the conference
and the parties subsequent discussions, the parties have agreed as follows:
(1)

On March 30, 2015, Gardendale will circulate, to all of the parties to

this action, its proposal(s) regarding a plan of separation and
constitutional desegregation obligations (which shall include proposed

Case 2:65-cv-00396-MHH Document 1011 Filed 03/27/15 Page 2 of 4

resolutions of the various threshold issues that have been the subject
of its negotiations with Jefferson County to date).
(2)

On April 15, 2015, the Plaintiff Parties will respond to Gardendales

submission. That response may include a request that Gardendale
provide any additional documentation or information relevant to
Gardendales plan of separation and its impact upon the Defendants
compliance with the Courts September 8, 1971 Amended Order
(Doc. 226).

(3)

On April 22, 2015, Gardendale will respond to any requests made in

accordance with Paragraph (2), above.

(4)

On May 4, 2015, the parties to this action will meet and discuss the
documentation and information provided in accordance with
Paragraphs (1) through (3), above, and address any concerns relevant
to the parties compliance with the Courts September 8, 1971
Amended Order (Doc. 226).

(5)

The parties are unable to agree regarding the confidentiality of the

discussions and transfers of information described in the foregoing
Paragraphs. Gardendale proposes the following language:
Any and all documentation or information provided as
described in the foregoing Paragraphs, as well as any
discussions described in the foregoing Paragraphs, shall be held
confidential.
Jefferson County, Private Plaintiffs, and the Department of Justice are
amenable to a limited confidentiality provision for purposes of
mediating a resolution, but not if it compromises their ability to
develop appropriate responses to information requests and the plan to
be proposed by Gardendale. As drafted, it is unclear whether the
proposed confidentiality provision would result in such a compromise
and, accordingly, Jefferson County, Private Plaintiffs and the
Department of Justice do not agree to the provision as drafted.

(6)

The parties hereby jointly request that this Court designate a United
States Magistrate Judge to preside over any discovery issues that arise
in this action.

(7)

Gardendale proposes the following language as well:

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Case 2:65-cv-00396-MHH Document 1011 Filed 03/27/15 Page 3 of 4

At the March 24, 2015 conference, Gardendale and Jefferson

County could not reach a resolution as to the questions of
Alabama law that were discussed on the record at the March 24,
2015 hearing before the Court and that were the subject of the
action filed in the Circuit Court of Jefferson County, Alabama
and styled The Board of Education of the City of Gardendale v.
The Jefferson County Board of Education, et al., Case Number
CV-15-901091 (which was voluntarily dismissed without
prejudice on March 24, 2015).
Jefferson County agrees that there has been no resolution of state law
(or federal law for that matter) at this point but further asserts that the
conference was to establish deadlines and discuss further proceedings,
not to attempt to resolve those issues. Jefferson County further
asserts that state and federal law claims, to the extent they can be
distinguished in this case, are both properly before this Court.
Respectfully submitted on this 27th day of March 2015.

/s/ Russell Rutherford

Giles G. Perkins
Stephen A. Walsh
Russell J. Rutherford
Counsel for The City of Gardendale
Board of Education

/s/ Whit Colvin (with permission)

Whit Colvin
Carl Johnson
Counsel for The Jefferson County Board
of Education

/s/ Veronica Percia (with permission)

Shaheena A. Simons
Natane Singleton
Veronica Percia
United States Department of Justice,
Civil Rights Division, Educational
Opportunities Section

/s/ Monique Lin-Luse (with permission)

Monique Lin-Luse
Deuel Ross
NAACP Legal Defense and Educational
Fund, Inc.

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Case 2:65-cv-00396-MHH Document 1011 Filed 03/27/15 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that I caused the foregoing to be filed using the CM/ECF
system, which will automatically notify all counsel of record.

/s/ Russell Rutherford

OF COUNSEL

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