Order Approving Etowah County Settlement on Interim Basis

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IN THE UNITED STATES-DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION OCT 141986 
  

BY   
DEPUTY CLERK 

JOHN DILLARD, ET AL., 

Plaintiffs, 

vs CIVIL ACTION NO. CV 85-T-1332-M 

CRENSHAW COUNTY, ALABAMA 
ET- AL ., 

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Defendants. 

ORDER APPROVING ETOWAH COUNTY 
SETTLEMENT ON INTERIM BASIS 
  

Pursuant to the Order of this Court, a hearing was held 

on October 9, 1986 to determine the fairness and adequacy of the 

proposed settlement submitted by the parties pursuant to the 

requirements of Rule 23, Federal Rules of Civil Procedure. At the 

hearing the attorneys for both plaintiffs and the Etowah County 

defendants urged the Court to approve the settlement and 

presented evidence that the publication and notice requirements 

of this Court's prior order had been complied with and presented 

supporting demographic data describing the districting plan. One 

class member filed written objections with the Clerk of the Court 

but did not appear in person to express his objections to the 

proposed settlement. That objector did not express opposition to 

 



  

the relief afforded the class but dished that the district dines 

be changed to include his home in a.-different commission 

district. The objector does not contend the proposed settlement 

is not fair for the class. There is no basis in law or fact for 

making a change to accomodate such an objection. 

The Court finds that the requirements of Rule 23, 

Fed.R.Civ.P., concerning notice to the class have been met and 

that the proposed settlement is fair, Just and equitable. Cotton 

Vv... Ainion, 55% F.2d 1326 (5th Cir. 19772): Holmes v,.  Lontinental 
  

  

Can Co., 706 F.2d 4144 {1%th Civ, 1983): Lurns v. Russell Lorp., 
  

607. F. Supp. 9338 (N.B. Ala. 1884). However, the Court will not, 

at this time, give final approval to the proposed settlement 

since it has not yet been precleared by the Department of 

Justice, pursuant to ‘the. provisions of Section sb of the Yotling 

Rights Act of 1965, 42 U.S.L. section. .1973¢c. McDaniel v.   

Sanchez, 452 Y4.S. 130 (1981. The defendant Etowah County has 
  

submitted the settlement for preclearance to the Department of 

Justice but has not yet received a response. The defendant 

Etowah County is cairected to request expedited consideration from 

the Department of Justice and the Court expresses its desire that 

the Department of Justice reach a determination on this matter at 

the earliest practicable date. 

The defendant Etowah County shall promptly notify this 

Court of the determination of the Department of Jutice. If this 

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plan is precleared by the Department of Justice, the Court will 

  

Issue an order finally approving the settlement. In the event 

that the Department of Justice objects to the proposed plan, the 

Court will allow the parties an opportunity to make a further 

submission to the Department of Justice in an attempt to cure the 

objections. 

Party primary elections are scheduled for November 4, 

1986, with any necessary runoffs to be held on November 25, 10986. 

A special general election will be held December 16, 1986. 

Election officials are in the process of arranging for the 

conduct of party primary elections. The Court determines that 

even though this plan should not be approved as a final plan 

until the Department of Justice has precleared the plan, the 

Court determines that the plan should be implemented as the 

Court's own interim plan for the conduct of the imminent primary 

glections. Unham v. Seanon, 456 U.S. 37 (1882): Burton v,. 
    

Hobbie, "543s fF, Supp. 235 (M.D. Ala, 1882), aff'd 4.8.7" 

103 S.0t., 286 (Nov. 1, 19827}, 

Therefore, the Court hereby enjoins Etowah County, 

Alabama, Lee Wofford, in his official capacity as Probate Judge 

of Etowah County, Billy Yates, in his official capacity as 

Circuit Clerk of Etowah County and Roy McDowell, in his official 

capacity as Sheriff of Etowah County, their agents, servants, 

attorneys and those acting in concert with them from failing or 

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refusing to conduct primary and general elections for the Etowah 

County Commission in accordance with the plan submitted by the 

parties to this Court. 

DONE this MH day of Oc lher 
  

  
UNIJED STATES DISTRTCT~UPOE