Case: Allen v. The City of Evergreen

1:13-cv-00107 | U.S. District Court for the Southern District of Alabama

Filed Date: Aug. 6, 2012

Clearinghouse coding complete

Case Summary

On August 6, 2012, several black voters who were residents of Evergreen, Alabama filed a complaint in the United States District Court for the Southern District of Alabama to protect their rights with regard to what they alleged to be unconstitutional and discriminatory voting districts. Plaintiffs were represented by private counsel. As alleged in the Complaint, despite 56.76 percent of the City of Evergreen’s voting age population (and 62.55 percent of the overall population) being black, the Plaintiffs alleged that black residents were intentionally and systematically moved out of two of the five city voting districts so as to create a non-black voting majority in the City of Evergreen. Under a 2001 district plan (the “2001 Plan”), two districts were overpopulated by more than five percent, thus amounting to a violation of the Constitution as addressed by the Supreme Court most recently in Larios v. Cox, 300 F.Supp.2d 1320 (N.D. Ga. 2004), aff’d mem., 542 U.S. 947 (2004).

When the claimed discriminatory provisions of the 2001 Plan were challenged, the Evergreen City Council adopted a new plan (the “2012 Plan”) in May of 2012. According to the Complaint, the 2012 Plan was adopted without a public hearing and accordingly in violation of the Alabama Open Meetings Act. Further, the 2012 Plan, in order to create voting lists, cross-referenced voter registration with city utility customer lists. Under this new provision, only those persons registered to vote who appeared on the list of city utility customers were permitted to vote in the upcoming August 28, 2012 election. Voters who did not meet this criteria—referred to as “Problem Voters” by the city—could vote only by proving their residence within the city before or on Election Day, creating additional burdens to cast a vote in city elections. Further, Plaintiffs feared the possibility that non-residents owning rental property would be permitted to cast a vote in the election despite non-eligibility as a result of the new system. According to the Complaint, more than 42 percent of one of the majority-black voting districts was on the “Problem Voter” list.

Despite these outlined concerns, the City of Evergreen sought to implement the 2012 Plan in City elections held just three months after passage. Of importance, the City had failed to receive preclearance from the United States Attorney General or declaratory judgment from the United States District Court for the District of Columbia, in contravention of Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. Pertinently, Section 5 as enacted at the time, required preclearance for any “voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting” different from that in force or in effect on November 1, 1964. In other words, in order to implement the 2012 Plan for the upcoming election, the City of Evergreen was required to receive preclearance from the United States Attorney General or by declaratory judgment from the United States District Court for the District of Columbia. The City of Evergreen, though it had submitted the 2012 Plan to the Attorney General on June 15, 2012 (and later supplemented with additional information on July 23 and 30, 2012), sought to implement the 2012 Plan despite knowledge that preclearance would not be obtained prior to the August 28, 2012 election. Plaintiffs brought suit as a result.

In their complaint, the Plaintiffs alleged 1) the 2012 Plan could not be legally administered due to the lack of preclearance as required by Section of the Voting Rights Act; 2) the procedure for identifying “Problem Voters” could not be legally administered for the same reason; 3) the 2012 Plan, if carried out, would deny Plaintiffs equal protection of the laws in violation of the Equal Protection Clause of the 14th Amendment; 4) the 2012 Plan, if carried out, would constitute an abridgement of privileges and immunities guaranteed by the 14th Amendment; and 5) the 2012 Plan violated Section 2 of the Voting Rights Act because it was adopted with a racially discriminatory purpose. As such, Plaintiff sought a declaratory judgment that the City of Evergreen’s actions were legally unenforceable and requested an order enjoining the City from putting the 2012 Plan into effect, declaring the “Problem Voter” method unlawful and enjoining the City from using the same, and ordering the City to reschedule the August 28, 2012 election. Simultaneously, Plaintiffs sought similar determinations that the previous 2001 Plan was unconstitutional for districting malapportionment and asking that the Court enjoin its use as well.

On August 20, 2012, Plaintiffs filed a Partial Consent Agreement to delay the upcoming municipal election until December of the same year. The Court thereafter appointed a special master pursuant to Rule of Federal Rule of Civil Procedure 53. Pursuant to the Order entered on September 6, 2012, the special master was appointed specifically to supervise conduct of the rescheduled election and train city officials on proper laws and procedures for municipal elections, to be compensated by the City of Evergreen.

By Motion dated December 12, 2012, the Plaintiffs asked for entry of a court-ordered redistricting plan and submitted their own plan for consideration in the interim. The Court thereafter appointed a three-judge panel within the Eleventh Circuit. Upon consideration of the case and by Order dated February 11, 2013, the three-judge panel vacated the previous partial consent order and enjoined the Defendants from implementing the redistricting plan or the voter eligibility procedures unless and until Section 5 preclearance was obtained, because Section 5 prohibited implementation of the same without preclearance.

On February 26, 2013 Plaintiffs once again moved for the entry of a new redistricting plan and election schedule, and the Court ordered Defendants to respond by March 11, 2023. By their response, Defendants asserted that a special election could not be timely held and asked the Court to refer the matter back to the Special Master for a determination as to when the election could be held. Finding that the Plaintiff’s plan “satisfies all of the requirement of federal law” and noting that the Defendants had failed to rebut or distinguish the presence of indicia of discrimination set forth by the Plaintiffs, the Court granted Plaintiff’s motion for a court-ordered redistricting plan and election schedule and ordered an election to be held in compliance with the Plaintiff’s offered plan eight weeks from the date of the Court’s March 20, 2013 Order. 2013 WL 1163886. See Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266-68 (1977).

The Defendants on April 17, 2013 filed a motion to alter or amend, asking that the special election be delayed another four weeks. The Court, however, denied the relief sought by the Defendants and directed that the special election go forward on the scheduled date. The court also ordered the Defendants to “give all assistance to the Special Master” to ensure that the special election could go forward. The Court subsequently issued a second Order on April 29, 2013 that extended the election date to June 18, 2013 and ordered notice of the election to begin on May 2, 2013.

With the special election scheduled, Plaintiffs subsequently moved for relief relating to absentee ballot procedures in certain districts, and specifically alleged that two individuals claiming to represent a certain mayoral candidate when they in fact were not had filled in votes on behalf of black voters for mayoral candidates whom they did not wish to vote for. The Court by June 11, 2013 Order denied the motion, determining that it did not have jurisdiction over the alleged election offenses. Specifically, the Court determined that the two individuals against which the allegations were made had no connection to any parties within the pending litigation and were not encouraged by city officials to do so.

Plaintiffs thereafter moved for partial summary judgment as to alleged constitutional violations. Defendants opposed the motion on the grounds that Plaintiff’s claims were moot and that the Court itself had been divested of jurisdiction and accordingly sought dismissal of the action. While those motions remained pending, the Court on December 2, 2013 ordered the Defendants to pay Plaintiffs’ attorney fees and expenses totaling $138,643. Thereafter on January 13, 2014, the Court awarded Plaintiffs summary judgment, ordering appointment of federal observers from the date of the Order until December 21, 2020 as authorized by Section 3(a) of the Voting Rights Act, and retaining jurisdiction of the matter through that date for the purpose of supervising the enforcement of the Order. 2014 WL 12607819.

Although that date has since run, it does not appear the matter has been closed.

Summary Authors

Connor Hicks (11/20/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4996681/parties/allen-v-the-city-of-evergreen-alabama/

Judge(s)

Granade, Callie V. (Alabama)

Attorney for Plaintiff

Attorney for Defendant

Anderson, Jesse Kirk (Alabama)

Anderson, James H. (Alabama)

Expert/Monitor/Master/Other

Eppsteiner, George (Alabama)

Estes, Bert (Alabama)

Judge(s)

Granade, Callie V. (Alabama)

Attorney for Plaintiff

Pitters, Amardo Wesley (Alabama)

Tanner, John K. (Alabama)

Attorney for Defendant

Anderson, Jesse Kirk (Alabama)

Anderson, James H. (Alabama)

Walker, Dorman (Alabama)

Other

Eppsteiner, George (Alabama)

Estes, Bert (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:13-cv-00107	Complaint Allen v. City of Evergreen	Aug. 6, 2012	Aug. 6, 2012 Complaint
8 1:13-cv-00107	Partial Consent Agreement Allen v. City of Evergreen	Aug. 20, 2012	Aug. 20, 2012 Settlement Agreement
13 1:13-cv-00107	Order Appointing Special Master Allen, Et Al V. The City Of Evergreen, , Et Al	Sept. 6, 2012	Sept. 6, 2012 Order/Opinion
20 1:13-cv-00107	Motion for Entry of Court-Ordered Redistricting Plan Allen v. City of Evergreen	Dec. 12, 2012	Dec. 12, 2012 Pleading / Motion / Brief
21 1:13-cv-00107	Brief of Points and Authorities in Support of Motion for Court-Ordered Redistricting Plan Allen, Et Al V. The City Of Evergreen, , Et Al	Dec. 12, 2012	Dec. 12, 2012 Pleading / Motion / Brief
24 1:13-cv-00107	Partial Consent Agreement to a New Election Date Allen v. City of Evergreen	Dec. 14, 2012	Dec. 14, 2012 Settlement Agreement
25 1:13-cv-00107	Order Allen, Et Al V. The City Of Evergreen, , Et Al	Dec. 17, 2012	Dec. 17, 2012 Order/Opinion
31 1:13-cv-00107	Plaintiffs’ Reply to Defendants’ Objection to Amended Motion for a Court-Ordered Redistricting Plan Allen, Et Al V. The City Of Evergreen, , Et Al	Jan. 26, 2013	Jan. 26, 2013 Pleading / Motion / Brief
32 1:13-cv-00107	Order Allen v. City of Evergreen	Feb. 1, 2013	Feb. 1, 2013 Order/Opinion
36 1:13-cv-00107	Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule Allen, Et Al V. The City Of Evergreen, , Et Al	Feb. 26, 2013	Feb. 26, 2013 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4996681/allen-v-the-city-of-evergreen-alabama/

Last updated April 15, 2026, 5:23 a.m.

ECF Number	Date	Description	Link
1	Aug. 6, 2012	COMPLAINT against All Plaintiffs, filed by Dan Allen. (Pitters, Amardo) (Entered: 08/06/2012)	RECAP
2	Aug. 6, 2012	NOTICE of Filing Proposed Summons by Dan Allen (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons, # 7 summons) (Pitters, Amardo) (Entered: 08/06/2012)	RECAP
4	Aug. 6, 2012	Filing fee: $ 350, receipt number 24789 (adk) (Entered: 08/07/2012)	RECAP
3	Aug. 7, 2012	Summons Issued as to Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, Luther Upton, Pete Wolff, III.. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (Attachments: # 1 Summons Fountain, # 2 Summons Harris, # 3 Summons Wolff, # 4 Summons Skinner, # 5 Summons Skipper, # 6 Summons Upton) (adk) (Entered: 08/07/2012)	RECAP
5	Aug. 15, 2012	MOTION for John K. Tanner to Appear Pro Hac Vice by Dan Allen. (Attachments: # 1 Exhibit) (Tanner, John) (Additional attachment(s) added on 8/16/2012: # 2 PHV Fee, Rec # 24912) (sdb). (Entered: 08/15/2012)	RECAP
6	Aug. 16, 2012	ENDORSED ORDER granting 5 MOTION for John K. Tanner to Appear Pro Hac Vice by Dan Allen. Signed by Senior Judge Charles R. Butler, Jr on 8/16/2012. (aen) (Entered: 08/16/2012)	RECAP
7	Aug. 16, 2012	Joint MOTION for Consent Decree by Dan Allen, Vivian Fountain, Maxine Harris, Alberta Lee, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Bobby Watkins, Pete Wolff, III. (Anderson, James) (Entered: 08/16/2012)	RECAP
8	Aug. 20, 2012	PARTIAL CONSENT AGREEMENT re: 7 Joint MOTION for Consent Decree to resolve the issues under Section 5 of the Voting Rights Act and specifically to prevent the August 28, 2012 municipal election from being held in violation of federal law and to develop procedures for a special city election to be held on December 15, 2012 as further set out; Signed by Senior Judge Charles R. Butler, Jr on 8/20/2012. (mjn)	RECAP
9	Aug. 20, 2012	NOTICE of Appearance by Jesse Kirk Anderson on behalf of Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III (Anderson, Jesse) (Entered: 08/20/2012)	RECAP
	Aug. 21, 2012	Case Reassigned to Judge Callie V. S. Granade. Senior Judge Charles R. Butler, Jr no longer assigned to the case. (adk)
10	Sept. 4, 2012	Joint MOTION for Entry of Order on Election Supervision, by Dan Allen, Vivian Fountain, Maxine Harris, Alberta Lee, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Bobby Watkins, Pete Wolff, III. (Tanner, John) (Entered: 09/04/2012)	RECAP
11	Sept. 5, 2012	NOTICE of Endorsement by Dan Allen re: 10 Joint MOTION for Entry of Order on Election Supervision (Tanner, John) (Entered: 09/05/2012)	RECAP
13	Sept. 6, 2012	ORDER APPOINTING Bert Estes as Special Master as set out. Signed by Judge Callie V. S. Granade on 9/6/2012. (tot) (Entered: 09/07/2012)	RECAP
12	Sept. 7, 2012	NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 09/07/2012)	RECAP
14	Nov. 2, 2012	NOTICE OF FILING Special Master Report for October 2012 filed by Defendant The City of Evergreen, Alabama. (Anderson, James) Modified on 11/5/2012 (tot). (Main Document 14 replaced on 11/6/2012) (tot). (Entered: 11/02/2012)	RECAP
15	Nov. 6, 2012	Document endorsed NOTED by Judge Callie V. S. Granade: 14 Notice of Filing Special Master Report for October 2012. (mab) (Entered: 11/06/2012)	RECAP
16	Dec. 7, 2012	Joint Application for Three-Judge Court and Supporting Points and Authorities by Dan Allen. (Pitters, Amardo) Modified on 12/7/2012 (mab). (Entered: 12/07/2012)	RECAP
17	Dec. 10, 2012	Joint MOTION for New Election Schedule & Supporting Points and Authorities by Dan Allen. (Tanner, John) Modified on 12/10/2012 (tot). (Entered: 12/10/2012)	RECAP
18	Dec. 10, 2012	NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 12/10/2012)	RECAP
19	Dec. 11, 2012	NOTICE of Endorsement by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton (Anderson, James) (Entered: 12/11/2012)	RECAP
20	Dec. 12, 2012	MOTION for Entry of Court-Ordered Redistricting Plan by Dan Allen. (Attachments: # 1 Text of Proposed Order) (Pitters, Amardo) Superseded by Doc. 22 . (Entered: 12/12/2012) 1 Text of Proposed Order View on RECAP	RECAP
21	Dec. 12, 2012	Brief of Points and Authorities in Support of 20 Motion for Court-Ordered Redistricting Plan, filed by Dan Allen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Pitters, Amardo) Modified on 12/12/2012 (mab). (Entered: 12/12/2012) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP	RECAP
22	Dec. 12, 2012	Amended MOTION for Entry of Court-Ordered Redistricting Plan filed by Dan Allen. (Attachments: # 1 Text of Proposed Order, # 2 Errata) (Pitters, Amardo) Modified on 12/13/2012 (tot). (Entered: 12/12/2012)	RECAP
23	Dec. 12, 2012	Brief of Points & Authorities in Support of Motion for Court-Ordered Redistricting Plan filed by Dan Allen . (Attachments: # 1 Errata) (Pitters, Amardo) Modified on 12/13/2012 (tot). (Entered: 12/12/2012)	RECAP
24	Dec. 14, 2012	PARTIAL CONSENT AGREEMENT TO A NEW ELECTION DATE, that part of the Court's 8 Order dated 8/20/12 setting the City of Evergreen election 12/15/12 is VACATED as to the election date, & the election date only. City of Evergreen is ENJOINED to conduct a new special election on 2/26/13 as set out. Special Master is authorized & directed to file a Final Report upon the completion of his duties as set out. Signed by Judge Callie V. S. Granade on 12/14/2012. (tot)	RECAP
25	Dec. 17, 2012	Three Judge Panel Assigned by 11th Circuit Chief Judge Joel F. Dubina. Circuit Judge Ed Carnes, District Judges Callie Granade and Kristi DuBose designated as further set out. (jlr) (Entered: 12/22/2012)	RECAP
26	Jan. 14, 2013	Order re: Plfs' 22 Amended MOTION for Entry of Court-Ordered Redistricting Plan. Hearing set for 1/28/2013 at 10:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before three-judge panel. Any response to Plfs' motion is to be filed NLT 1/22/2013. Signed by Judge Callie V. S. Granade on 1/14/2013. (tot) (Entered: 01/14/2013)	RECAP
27	Jan. 15, 2013	NOTICE of Appearance by Dorman Walker on behalf of Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III (Walker, Dorman) (Entered: 01/15/2013)	RECAP
28	Jan. 22, 2013	MOTION for Continuance of Response Deadline by Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/22/2013)	RECAP
29	Jan. 23, 2013	ENDORSED ORDER granting 28 Motion for Continuance of response deadline. Defendants' response to plaintiff's 22 amended motion for entry of court-ordered redistricting plan shall be filed no later than January 24, 2013. Signed by Judge Callie V. S. Granade on 1/23/2013. (mab) (Entered: 01/23/2013)	RECAP
30	Jan. 24, 2013	Objection to Amended Motion for a Court-Ordered Redistricting Plan filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/24/2013)	RECAP
31	Jan. 26, 2013	REPLY to 30 Objection filed by Dan Allen. (Tanner, John) (Entered: 01/26/2013)	RECAP
	Jan. 28, 2013	Minute Entry for proceedings held before Judge Ed Carnes, Judge Kristi K. DuBose and Judge Callie V. S. Granade: Hearing held on 1/28/2013 re 22 Amended MOTION for Entry of Court-Ordered Redistricting Plan filed by Dan Allen, et al. Court Reporter Roy Isbell. (mab)
32	Feb. 1, 2013	Three Judge Panel Order VACATING 24 Partial Consent Agreement and ENJOINING Defendant's as further set out. Signed by Circuit Judge Ed Carnes, District Judge Callie V.S. Granade, and District Judge Kristi K. DuBose on 2/1/2013. (jlr)	RECAP
33	Feb. 11, 2013	STATUS REPORT (Joint) by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton. (Walker, Dorman) (Entered: 02/11/2013)	RECAP
34	Feb. 11, 2013	Document endorsed NOTED by Judge Callie V. S. Granade: Status Report 33 filed by Diane Skipper, Becky B. Robinson, Maxine Harris, John Skinner, Jr., Vivian Fountain, Pete Wolff, III, Luther Upton, The City of Evergreen, Alabama (Granade, Callie) (Entered: 02/11/2013)	RECAP
35	Feb. 22, 2013	STATUS REPORT (Joint) by Diane Skipper, Pete Wolff, III, John Skinner, Jr, Becky B. Robinson, Maxine Harris, The City of Evergreen, Alabama, Vivian Fountain, Luther Upton. (Walker, Dorman) (Entered: 02/22/2013)	RECAP
36	Feb. 26, 2013	Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Tanner, John) (Entered: 02/26/2013) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP	RECAP
37	March 1, 2013	Order re: Plf's 36 MOTION for Entry of Plan and Election Schedule. Dfts' response due NLT 3/11/2013 as set out. Any reply by Plfs should be filed NLT 3/15/2013. The Clerk of Court is DIRECTED, once this order has been docketed, to copy all docket entries currently existing in this case into a newly-numbered case under the same style. Any future pleadings & orders shall be docketed in the newly-numbered case unless they pertain to the injunction entered by the three-judge panel in this case. Signed by Judge Callie V. S. Granade on 3/1/2013. (tot) (Entered: 03/04/2013)	RECAP
	March 4, 2013	Remark: 1:13-cv-107 opened in compliance with the Court's 37 order - future pleadings and orders to be docketed in this case unless they pertain to the injunction entered by the three-judge panel in 1:12-cv-496. (mab)
38	March 6, 2013	MOTION to Continue Court Deadlines by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 03/06/2013)	RECAP
39	March 6, 2013	ENDORSED ORDER granting Defendants' 38 MOTION to Continue Court Deadlines. Defendants' response to Plaintiffs' 36 Renewed MOTION for Entry of Court-ordered Redistricting Plan and Special Election Schedule due no later than 3/14/2013. Plaintiffs' reply due no later than 3/20/2013. Signed by Judge Callie V. S. Granade on 3/6/2013. (mab) (Entered: 03/06/2013)	RECAP
40	March 8, 2013	NOTICE by Dan Allen (Attachments: # 1 Exhibit Declaration of Jerome Gray) (Tanner, John) (Entered: 03/08/2013)	RECAP
41	March 8, 2013	CERTIFICATE OF SERVICE by Dan Allen re 40 Notice (Other) (Tanner, John) (Entered: 03/08/2013)	RECAP
42	March 13, 2013	RESPONSE to 36 Renewed Motion for Entry of Court-Ordered Redistricting Plan and Special Election Schedule filed by The City of Evergreen, Alabama, et al; referred to Judge Granade (mab) (Entered: 03/13/2013)	RECAP
43	March 13, 2013	RESPONSE to 40 Notice (Other) of Supplemental Information filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton. (Attachments: # 1 Affidavit John Skinner, # 2 Affidavit Luther Upton, # 3 Affidavit Pete Wolffe) (Walker, Dorman) (Entered: 03/13/2013)	RECAP
44	March 15, 2013	REPLY to Response to Motion 36 filed by Dan Allen. (Tanner, John) (Entered: 03/15/2013)	RECAP
45	March 20, 2013	ORDER granting Plaintiffs' 36 renewed motion for entry of court-ordered redistricting plan and election schedule. Signed by Judge Callie V. S. Granade on 3/20/2013. (Attachment: # 1 Exhibit 1) (mab)	RECAP
46	April 5, 2013	Joint MOTION for Extension of Time for Filing for Fees and Costs by Dan Allen. (Tanner, John) (Entered: 04/05/2013)	RECAP
47	April 5, 2013	ORDER granting 46 Joint Motion for an Order holding in abeyance the filing of any motions for attorneys' fees, expenses and costs pending the completion of the special election ordered by the Court on March 20, 2013. Proposed schedule or proposed schedules with accompanying memorandum as set forth in order due from the parties, within ten days of the date of the special election and any necessary run off. Signed by Judge Callie V. S. Granade on 4/5/2013. (mab) (Entered: 04/05/2013)	RECAP
48	April 17, 2013	MOTION to Alter or Amend by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Attachments: # 1 Exhibit 1) (Walker, Dorman) (Entered: 04/17/2013) 1 Exhibit 1 View on PACER	RECAP
49	April 17, 2013	ENDORSED ORDER re: 48 Defendants' Motion to Alter or Amend. The plaintiff's are ORDERED, no later than Tuesday, April 23, 2013, to specify any objections they have to the adjustments in the election schedule which the Special Master deems necessary to ensure the orderly conduct of the election. Signed by Judge Callie V. S. Granade on 4/17/2013. (mab) (Entered: 04/17/2013)	RECAP
50	April 22, 2013	Plaintiffs' Response to Defendants' 48 Motion to Alter or Amend and Cross-Motion for Supplemental Order on Conduct of Election filed by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Tanner, John) Modified on 4/22/2013 (mab). (Entered: 04/22/2013)	RECAP
51	April 22, 2013	RESPONSE to 50 Response in Opposition to Motion to Alter or Amend filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 04/22/2013)	RECAP
52	April 24, 2013	ORDER denying Defendants' 48 Motion to alter or amend; and granting Plaintiffs' 50 cross-motion for supplemental order. The May 21, 2013 special election date for the City of Evergreen is reconfirmed and the election shall go forward on that date. Defendants are ENJOINED to give all assistance to the Special Master who shall ensure the requirements as set forth in order. It is further ORDERED that the parties shall not contact the Special Master, nor shall the Special Master contact any party or party representative without notice to and participation of both parties, unless both participation is specially waived. Signed by Judge Callie V. S. Granade on 4/24/2013. (Attachment: # 1 List of Eligible Voters) (mab)	RECAP
53	April 25, 2013	ENDORSED ORDER, Based upon the representations by the parties and the Special Master during today's telephone conference, the Order (Doc. 52 ) dated April 24, 2013, is hereby RESCINDED. A new telephone conference with the parties will be set for Monday afternoon, April 29, 2013, at 3:30 pm. Signed by Judge Callie V. S. Granade on 4/25/2013. (mab) (Entered: 04/25/2013)	RECAP
	April 25, 2013	Set Hearing: Telephone Conference set for 4/25/2013 at 2:15 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (mab)
	April 25, 2013	Minute Entry for proceedings held before Judge Callie V. S. Granade: Telephone Conference held on 4/25/2013 re: election schedule. Court Reporter Roy Isbell. (mab)
	April 25, 2013	Set Hearing: Telephone Conference set for 4/29/2013 at 3:30 PM, Central Time, in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. (Note: to Special Master and counsel: please dial 251-694-4296 and access the conference using Passcode 418000.) (mab)
54	April 29, 2013	ORDER, telephonic hearings held 4/25/2013 & 4/29/2013. Defendants' 48 Motion to alter or amend is GRANTED. The date for the municipal election for the City of Evergreen is hereby scheduled for June 18, 2013. Parties will hereafter abide by all additional dates for the election and any needed run-off election as set out in the Special Master's affidavit attached to motion (Doc. 48-1), with exception that notice of the election will begin on 5/2/2013, rather than 4/25/2013. The qualifying period for candidates ended on 4/8/2013, and will not be re-opened. (copy to Special Master). Signed by Judge Callie V. S. Granade on 4/29/2013. (mab)	RECAP
	April 29, 2013	Minute Entry for proceedings held before Judge Callie V. S. Granade: Telephone Conference re: election scheduled held on 4/29/2013. Court Reporter Mary Frances Giattina. (mab)
55	June 7, 2013	MOTION Further Relief as to Certain Absentee Ballots by Dan Allen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Tanner, John) (Entered: 06/07/2013) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	RECAP
56	June 7, 2013	Order, directing defendants to file a response to plaintiffs' 55 MOTION for Further Relief as to Certain Absentee Ballots on or before 5:00 p.m., Monday, June 10, 2013. Signed by Judge Callie V. S. Granade on 6/7/2013. (mab) (Entered: 06/07/2013)	RECAP
57	June 10, 2013	RESPONSE to 55 MOTION Further Relief as to Certain Absentee Ballots filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Attachments: # 1 Affidavit) (Walker, Dorman) (Entered: 06/10/2013)	RECAP
58	June 10, 2013	REPLY to Response to Motion 55 for further Relief as to Certain Absentee Ballots filed by Dan Allen. (Attachments: # 1 Exhibit 1) (Tanner, John) (Entered: 06/10/2013)	RECAP
59	June 11, 2013	ORDER DENYING Plf's 55 Motion for Further Relief as to Certain Absentee Ballots as set out. Signed by Judge Callie V. S. Granade on 6/11/2013. (tot)	RECAP
60	Aug. 1, 2013	MOTION for Summary Judgment & MOTION for Relief Under Section 3 by Dan Allen. (Attachments: # 1 Exhibit 1 2010 population, # 2 Exhibit 2 CDEC objection) (Tanner, John). (Added MOTION on 9/11/2013) (tot). (Entered: 08/01/2013) 1 Exhibit 1 2010 population View on PACER 2 Exhibit 2 CDEC objection View on PACER	RECAP
61	Aug. 5, 2013	Order re 60 MOTION for Summary Judgment and Section 3 Relief; setting response times as follows: Response to M/SJ and for Section 3 Relief due by 8/22/2013. Reply to Response to S/J and for Section 3 Relief due by 9/5/2013. Motions to be taken under submission on 9/6/2013. Signed by Judge Callie V. S. Granade on 8/5/2013. (mab) (Entered: 08/05/2013)	RECAP
62	Aug. 5, 2013	ORDER, directing defendants file their answer to the remaining claims not later than 8/19/2013. Signed by Judge Callie V. S. Granade on 8/5/2013. (mab) (Entered: 08/05/2013)	RECAP
63	Aug. 5, 2013	Joint MOTION for Extension of Time; Referred to Judge Callie V. S. Granade. (mab) (Entered: 08/05/2013)	RECAP
64	Aug. 6, 2013	ENDORSED ORDER granting 63 Joint Motion for Extension of Time. Defendants' response to 61 motion for summary judgment and for Section 3 relief due by 9/3/2013. Plaintiffs' reply to response is due by 9/10/2013. The parties are to meet and confer with regard to attorneys' fees, expenses and costs related to the special election by October 14, 2013, and are to submit their proposed joint schedule, or separate schedules with accompanying memorandum (not to exceed 5 pages) not later than 10/24/2013. Signed by Judge Callie V. S. Granade on 8/6/2013. (mab) (Entered: 08/06/2013)	RECAP
65	Aug. 6, 2013	NOTICE by Dan Allen of Errata in 60 Motion for MSJ and Section 3 Relief (Attachments: # 1 Errata Corrected) (Tanner, John) Modified on 8/7/2013 (tot). (Entered: 08/06/2013)	RECAP
66	Aug. 6, 2013	NOTICE by Bert Estes Final Report of the Special Master (Anderson, James) (Entered: 08/06/2013)	RECAP
67	Sept. 3, 2013	MOTION to Dismiss & RESPONSE to 60 MOTION for Summary Judgment and For Relief Under Section 3 Relief filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) Modified on 9/11/2013 (tot). (Entered: 09/03/2013)	RECAP
68	Sept. 4, 2013	ORDER, directing the defendants to file an answer to the remaining claims by 9/11/2013, or SHOW CAUSE why they have failed to comply with the court's 62 order. Signed by Judge Callie V. S. Granade on 9/4/2013. (mab) (Entered: 09/04/2013)	RECAP
69	Sept. 10, 2013	REPLY to Response to Motion 60 for Summary Judgment and Section 3 Relief and Response to Motion to Dismiss filed by Dan Allen. (Tanner, John) (Entered: 09/10/2013)	RECAP
70	Sept. 11, 2013	ANSWER to 1 Complaint by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 09/11/2013)	RECAP
71	Oct. 24, 2013	Joint Report to the Court and MOTION for an additional two weeks, by 11/7/2013, to settle claims for fees, expenses, and costs, filed by Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) Modified on 10/24/2013 (mab). (Entered: 10/24/2013)	RECAP
72	Oct. 25, 2013	ENDORSED ORDER, the parties' 71 Joint Report to the Court is NOTED, and the Motion for Extension of Time is GRANTED. The parties' are to submit their proposed joint schedule, or separate schedules with accompanying memorandum (not to exceed 5 pages) regarding attorneys' fees, expenses and costs related to the special election not later than November 7, 2013. Signed by Judge Callie V. S. Granade on 10/25/2013. (mab) (Entered: 10/25/2013)	RECAP
73	Nov. 7, 2013	Joint Report to Court, and Motion for extension of time until 11/15/2013, to submit proposed order resolving matter, filed by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/07/2013)	RECAP
74	Nov. 8, 2013	ENDORSED ORDER granting the parties' 73 request to submit a proposed order regarding attorneys' fees, expenses, and costs related to he special election by November 15, 2013. Signed by Judge Callie V. S. Granade on 11/8/2013. (mab) (Entered: 11/08/2013)	RECAP
75	Nov. 15, 2013	MOTION to Continue by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/15/2013)	RECAP
76	Nov. 15, 2013	ENDORSED ORDER, GRANTING 75 MOTION to Continue. The parties' proposed order regarding attorneys' fees, expenses, and costs related to he special election is to be submitted no later than 11/20/2013. Signed by Judge Callie V. S. Granade on 11/15/2013. (mab) (Entered: 11/15/2013)	RECAP
77	Nov. 20, 2013	MOTION to Continue by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 11/20/2013)	RECAP
78	Nov. 20, 2013	ENDORSED ORDER granting 77 Motion to Continue. The parties' proposed order regarding attorneys' fees, expenses, and costs related to he special election is to be submitted no later than 11/27/2013. Signed by Judge Callie V. S. Granade on 11/20/2013. (mab) (Entered: 11/20/2013)	RECAP
79	Dec. 2, 2013	Order, directing the City of Evergreen to pay fees and expenses of counsel for plaintiffs in the amounts as set forth in the order. Signed by Judge Callie V. S. Granade on 12/2/2013. (mab) (Entered: 12/02/2013)	RECAP
80	Jan. 9, 2014	ORDER, directing the parties to file a written pleading advising the court of the status of case by 1/16/2014. Signed by Judge Callie V. S. Granade on 1/9/2014. (mab) (Entered: 01/09/2014)	RECAP
81	Jan. 10, 2014	Joint MOTION to Enter Order by Vivian Fountain, Maxine Harris, Becky B. Robinson, John Skinner, Jr, Diane Skipper, The City of Evergreen, Alabama, Luther Upton, Pete Wolff, III. (Walker, Dorman) (Entered: 01/10/2014)	RECAP
82	Jan. 13, 2014	ORDER, granting 60 Motion for Summary Judgment and Motion for Relief under Section 3 of the Voting Rights Act. Signed by Judge Callie V. S. Granade on 1/13/2014. (mab) (Entered: 01/13/2014)	RECAP
83	Jan. 13, 2014	JUDGMENT entered in favor of Alberta Lee, Dan Allen, Vivian Fountain against The City of Evergreen, Alabama, Becky B. Robinson, Diane Skipper, John Skinner, Jr., Luther Upton, Maxine Harris, Pete Wolff, III, Vivian Fountain as to Claims III and IV of the Complaint and as to the Section 3 of the Voting Rights Act claim. There being no further issues pending before the court, this action is closed. The court retains jurisdiction for the purposes stated in order (Doc. 82 ). Signed by Judge Callie V. S. Granade on 1/13/2014. (mab) (Entered: 01/13/2014)	RECAP
84	Feb. 3, 2017	NOTICE by United States of America Filing Federal Observer Reports (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Eppsteiner, George) (Entered: 02/03/2017)	RECAP
85	Feb. 3, 2017	Document endorsed NOTED by Senior Judge Callie V. S. Granade: 184 United States' Notice of Filing of Federal Observer Reports for the August 23, 2016 Election (mab) (Entered: 02/03/2017)	RECAP
	Feb. 3, 2017	Document Referred
	Feb. 3, 2017	Order - Document NOTED
	Feb. 3, 2017	REFERRAL OF 84 Notice of Filing Federal Observer Report for the August 23, 2016, Election to Judge Granade. (tot)

show / hide docket entries

Case Details

State / Territory:

Alabama

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 6, 2012

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Three private individuals in Evergreen, Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Evergreen, Alabama

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Voting Rights Act, section 5, 52 U.S.C. § 10304 (previously 42 U.S.C. § 1973c)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Alabama 1:13-cv-00107

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $119,893.00

Order Duration: 2014 - 2020

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Challenges to at-large/multimember district/election

Redistricting/district composition

Vote dilution

Voting: General & Misc.

Recommended Citation

Case Summary of Allen v. The City of Evergreen, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43715/ (last updated 11/20/2023).