Plaintiffs' Response to the Court's Order to Show Cause

    IN THE UNITED STATES DISTRICT COURY 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 
  

JOHN DILLARD, FT AL., 

Plaintiffs, 

v. CIVIL ACTION NO. CV 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 
ET ALJ, 

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Defendants. 

PLAINTIFFS' RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE 
  

Plaintiffs John Dillarg, et al., respond to the Court's 

March 23, 1987 order to show cause why the aspect of this lawsuit 

dealing with various defendant counties should not be closed and 

the Clerk and parties should not be relieved of the 

responsibility of serving future pleadings on said defendant 

counties. Plaintiffs respond as follows: 

1. As to Coffee,[1] Crenshaw,[2] Escambia,[3] Etowah,[4] 

Lee, Pickens[5] and Talladega County[6] defendants, plaintiffs 

agree that this case should be closed to those defendants and the 

Order of December 11, 1986. 

No
 

Order of December 12, 1986. 

3 
Order of December 8, 1986. 

4 
Order of December 12, 1986. 

J 
Order of January 13, 1987. 

6 
Order of January. 5, 1887, 

 



Clerk and all parties should be relieved of service of future 

  

pleadings and orders. 

2. As to Calhoun County defendants, plaintiffs believe 

that they should remain actively in this litigation since there 

is currently pending in the United States Court of Appeals for 

the Eleventh Circuit an appeal by Calhoun County from this 

court's order of October 21, 1986. 

3. As to Lawrence County defendants, plaintiffs believe 

that they should also remain in this litigation. Lawrence County 

filed an appeal to the Eleventh Circuit Court of Appeals from 

this court's order of October 21, 1986. They petitioned this 

court for a stay pending appeal. Though Lawrence County has now 

dismissed that appeal, there still remains plaintiffs' claim for 

attorneys' fees and expenses for work performed on these 

appellate issues. The parties have made an effort to negotiate 

this remaining matter and if it is not quickly resolved, 

plaintiffs will file an appropriate motion for an award of fees 

and expenses with this Honorable Court. 

WHEREFORE, plaintiffs would urge this court to close 

this action as to Coffee, Crenshaw,[7] Escambia, Etowah, Lee, 

7 
Plaintiffs note that Crenshaw County has filed a separate 

motion seeking dismissal of this action which would, apparently, 

be rendered moot if the court closes the action as to Crenshaw 

County defendants. This motion is set for oral argument in 

Montgomery on April 24, 1987. Plaintiffs agree with the Crenshaw 

County motion and believe that the setting of the motion is 

unnecessary. 

 



Pickens and Talladega County defendants while retaining Calhoun 

  

and Lawrence County as defendants in the action. 

Respectfully submitted, 

BLACKSHER, MENEFEE 2% STEIN, P.A. 
Fifth Floor Title Building 
300 Twenty-First Street North 
Birmingham, Alabama 35203 
(205) 322-7300 

\Tarry T. Mendfee ( 
James’ U. Blacksh 

  

Terry G. Davis 
SEAY & DAVIS 
732 Carter. Hill Road 
P.D., Box 6125 
Montgomery, A 
(205) 834-200 

abama 36106 
" 

| 
0 

Pamela Karlan 
Julius L. Chambers 
NAACP LEGAL DEFENSE FUND 
99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 

Edward Still 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, JR. 
307 Evergreen Avenue 
P.O. Box 5646 
Brewton, Alabama 36427 
(205) 867-5711 

Attorneys for Plaintiffs 

 



  

CERTIFICATE DF SERVICE 
  

This is to certify that a copy of the foregoing has 

been served upon the following by depositing same in the United 

States Mail, postage prepaid, or by Federal Express, on this the 

  

2% an of Awl , 1987: 
/ 

H. R.. Burnham, sg. 
Herbert D. Jones, Jdr., Esq. 
BURNHAM, KLINEFELTER, HALSEY, 

JONES & CATER 
401 SouthTrust Bank Building 

P.O. BOX 1618 
Anniston, Alabama 36202 
(CALHOUN COUNTY) 

David R. Boyd, Esq. 
BALCH & BINGHAM 
2 Dexter Avenue 
P.O. Box 78 
Montgomery, Alabama 36101 

(LAWRENCE COUNTY, SMITH & LIGON) 

W. 0. Kirk, Jr., Esq. 
CURRY & KIRK 
Phoenix Avenue 
P.0. Box A-B 
Carrollton, Alabama 35447 
(PICKENS COUNTY) 

Rick Harris, Esq. 
MOORE, KENDRICK, GLASSROTH, 

HARRIS, BUSH & WHITE 
410 S. Perry Sireel 
Montgomery, Alabama 36102 
(CRENSHAW COUNTY) 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSIMANO 
816 Chestnut Street 
Gadsden, Alabama 35999 

(ETOWAH COUNTY) 

James W. Webb 
WEBB, CRUMPTON & MCGREGOR 
166 Commerce Street 
P.O. Box “238 
Montgomery, Alabama 36633 

(ESCAMBIA COUNTY) 

Bre Martin, Esq. 
215 South Main Street 
Moulton, Alabama 35650 
(LAWRENCE COUNTY) 

John A. Nichols, «Esq. 
LIGHTFOOT, NICHOLS & SMYTH 
Bricken Building 
P.O. Box 215 
Luverne, Alabama 36049 
(CRENSHAW COUNTY INTERVENORS) 

Warren Rowe, Esq. 
ROWE & SAWYER 
119 E. College Avenue 
P.O. Box 150 
Enterprise, Alabama 36331 
{COFFEE COUNTY) 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 
121 North Norton Avenue 
Sylacauga, Alabama 35150 
(TALLADEGA COUNTY) 

 



  

Rosa H. Davis, Esq. Charles P. Gaines, Esq. 

Susan Ross, Esq. GAINES & CLECKER, P.C. 

Office of the Attorney General 127 W. North Street 

11 .South Union P.O. Box 275 

Montgmery, Alabama 36130 Talladega, Alabama 35160 

(STATE OF ALABAMA (TALLADEGA COUNTY SCHOOL BOARD) 
AND ATTORNEY GENERAL) 

Jeffrey A. Willis, Esq. 
WOOD, HOLLINGSWORTH & WILLIS 
The Sharbutt Building 
126 Seventh Avenue, S.W. 
Childersburg, Alabama 35044 
(CITY OF CHILDERSBURG) 

BLACKSHER, MENEFEE:-& STEIN, P.A. 

  

Farry Tj ensies {