IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

LEROY WILLIAMS, *

*

Plaintiff, *

*

v. * Civil Action No.:

* 2:06-cv-658-ID

STATE OF ALABAMA DEPT. OF *

TRANSPORTATION, et. al. *

*

Defendant. *

PLAINTIFF’S EXHIBIT LIST FOR TRIAL

COMES NOW the plaintiff in the above-styled cause and submits the following list of

exhibits he expects to use at the trial of this matter:

1. Deposition transcript of Don Arkle, taken on May 15, 2007, including all exhibits;

2. Deposition transcript of Thomas Lewis, taken on May 14, 2007, including all

exhibits;

3. Evaluations of Leroy Williams (Exhibit D to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

4. SPD Records of Leroy Williams (Exhibit E to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

5. Certificate of Eligibles Appointing Leroy Williams to Transportation Technologist

Classification (Exhibit F to Plaintiff’s Evidentiary Submission in Response to

Defendant’s Motion for Summary Judgment);

6. Request to Fill Transportation Technologist Position (Exhibit G to Plaintiff’s

Evidentiary Submission in Response to Defendant’s Motion for Summary

Judgment);

7. Transportation Technologist Appointments through December 31, 2005 (Exhibit H

to Plaintiff’s Evidentiary Submission in Response to Defendant’s Motion for

Summary Judgment);

8. SPD Records of African-American Transportation Technologists demoted during

probation period (Exhibit I to Plaintiff’s Evidentiary Submission in Response to

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 1 of 9
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Defendant’s Motion for Summary Judgment);

9. Certificate of Eligibles Appointing Channin Granthem (Caucasian) to Lewis’

TransportationTechnologist Position (ExhibitJto Plaintiff’sEvidentiarySubmission

in Response to Defendant’s Motion for Summary Judgment);

10. Design Bureau Organizational Charts (Exhibit K to Plaintiff’s Evidentiary

Submission in Response to Defendant’s Motion for Summary Judgment);

11. SPD records of Granthem (Exhibit L to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

12. Memorandum from Tommy Lewis showing Williams’ crew thought he was treated

differently (Exhibit M to Plaintiff’s Evidentiary Submission in Response to

Defendant’s Motion for Summary Judgment);

13. SPD Records of Tommy Lewis (Exhibit N to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

14. Tommy Lewis Out of Classification Assignment by William Adams (Exhibit O to

Plaintiff’s EvidentiarySubmission inResponse to Defendant’s Motion for Summary

Judgment);

15. Request to FillTransportationTechnologistTransportation SeniorPosition #2119200

showing vacancy of May 31, 2005 (Exhibit P to Plaintiff’s Evidentiary Submission

in Response to Defendant’s Motion for Summary Judgment);

16. Persons Promoted Report for 2/16/06 to 3/15/06 (Exhibit Q to Plaintiff’s Evidentiary

Submission in Response to Defendant’s Motion for Summary Judgment);

17. Certificate of Eligibles Appointing Tommy Lewis to Transportation Technologist

effective 2/18/06 (Exhibit R to Plaintiff’s Evidentiary Submission in Response to

Defendant’s Motion for Summary Judgment);

18. Transportation Technologist Senior exam scores showing Tommy Lewis scoring

160

th

out of the 161 candidates (Exhibit S to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

19. Selection Form for Tommy Lewis to Transportation Technologist Senior (Exhibit T

to Plaintiff’s Evidentiary Submission in Response to Defendant’s Motion for

Summary Judgment);

20. Tommy Lewis Structural Oral Interview Form (Exhibit U to Plaintiff’s Evidentiary

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 2 of 9
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Submission in Response to Defendant’s Motion for Summary Judgment);

21. Lawrence Naro Brown Structural Oral Interview Form (Exhibit V to Plaintiff’s

Evidentiary Submission in Response to Defendant’s Motion for Summary

Judgment);

22. Lawrence NaroBrown Application (ExhibitWto Plaintiff’sEvidentiarySubmission

in Response to Defendant’s Motion for Summary Judgment);

23. Reynolds Consent Decree (Exhibit X to Plaintiff’s Evidentiary Submission in

Response to Defendant’s Motion for Summary Judgment);

24. Reynolds Contempt Order (Doc No. 4284) (Exhibit Y to Plaintiff’s Evidentiary

Submission in Response to Defendant’s Motion for Summary Judgment);

25. Reynolds Opinion dated April 13, 1998 (4 F.Supp.2d 1068) (Exhibit Z to Plaintiff’s

Evidentiary Submission in Response to Defendant’s Motion for Summary

Judgment);

26. Rules of the State Personnel Board State of Alabama;

27. Form 11-Seasonal Laborer dated 10/08/82 (Exhibit A to Defendants’ Evidentiary

Submission in Support of Motion for Summary Judgment);

28. Application for Examination-Highway Maintenance Technician I (Exhibit B to

Defendants’ Evidentiary Submission in Support of Motion for Summary Judgment);

29. Certificate ofEligibles(ExhibitCto Defendants’ EvidentiarySubmission in Support

of Motion for Summary Judgment);

30. Application for Examination-Highway Maintenance Technician II (Exhibit D to

Defendants’ Evidentiary Submission in Support of Motion for Summary Judgment);

31. Form 4-Provisional Appointment-Engineering Assistant I(Exhibit E to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

32. Employee Performance Appraisal dated 2/14/97 (Exhibit F to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

33. Employee Performance Appraisal dated 2/13/98 (Exhibit G to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

34. Position Classification Questionnaire dated 11/26/01 (Exhibit H to Defendants’

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 3 of 9
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Evidentiary Submission in Support of Motion for Summary Judgment);

35. Complaint Form dated April 1997 (Exhibit Ito Defendants’ Evidentiary Submission

in Support of Motion for Summary Judgment);

36. Employee Performance Appraisal dated 2/19/02 (Exhibit J to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

37. Complaint Form dated 10/05/00 (Exhibit K to Defendants’ Evidentiary Submission

in Support of Motion for Summary Judgment);

38. Letter dated 1/23/03 withdrawing Grievance No. 736 (Exhibit L to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

39. Attendance/Punctuality Guidelines dated 2/22/05 (Exhibit M to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

40. Letter dated 5/12/05 re appointment to Transportation Technologist (Exhibit N to

Defendants’ Evidentiary Submission in Support of Motion for Summary Judgment);

41. Leroy Williams resume (Exhibit O to Defendants’ Evidentiary Submission in

Support of Motion for Summary Judgment);

42. Position Classification Questionnaire dated 5/25/05 (Exhibit P to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

43. Reprimand for Repeated Tardiness dated 7/26/06 (Exhibit Q to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

44. Counseling Session Memorandum dated 7/28/05 (Exhibit R to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

45. Driving Time confirmation Memorandum dated 7/28/05 (Exhibit S to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

46. Reprimand for Insubordination dated 8/11/05 (Exhibit T to Defendants’ Evidentiary

Submission in Support of Motion for Summary Judgment);

47. Recommendation for Discipline dated 8/15/05 (Exhibit U to Defendants’Evidentiary

Submission in Support of Motion for Summary Judgment);

48. Memorandum to Don Arkle dated 8/19/05 (Exhibit V to Defendants’ Evidentiary

Submission in Support of Motion for Summary Judgment);

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 4 of 9
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49. Memorandum to Ron Green dated 8/22/05 (Exhibit W to Defendants’ Evidentiary

Submission in Support of Motion for Summary Judgment);

50. Letter to Williams dated 9/1/50 termination probation (Exhibit X to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

51. E.E.O.C. Charge of Discrimination (Exhibit Y to Defendants’ Evidentiary

Submission in Support of Motion for Summary Judgment);

52. Complaint Form (Exhibit Z to Defendants’ Evidentiary Submission in Support of

Motion for Summary Judgment);

53. State Personnel Announcement - Transportation Technologist;

54. Computer printouts of Training for employees (Exhibit BB to Defendants’

Evidentiary Submission in Support of Motion for Summary Judgment);

55. MapQuest printout;

56. Employee Performance Appraisal for 3/1/04 to 3/1/05;

57. Form 40 dated 9/8/05;

58. Form 11 dated 9/27/05;

59. 2005 Calendar;

60. Design Bureau Organizational Charts;

61. Internal grievances filed by Leroy Williams;

62. Selection packet of Leroy Williams for Transportation Technologist;

63. Selection packet of Tommy Lewis for Transportation Technologist Sr.;

64. Selection packet for Channin Granthem for Transportation Technologist;

65. Any and all pleadings and/or documents responsive documents to Requests for

Production to Defendants;

66. Charts, blowups and/or summaries of evidence;

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 5 of 9
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67. Affidavit of Don Arkle (for impeachment purposes only);

68. Affidavit of William Adams (for impeachment purposes only);

69. Affidavit of Joe Jones (for impeachment purposes only);

70. Affidavit of Thomas Lewis (for impeachment purposes only);

71. Affidavit of Ron Green (for impeachment purposes only);

72. Affidavit of Joe E. Jones dated June 5, 2007 submitted with Defendants’ Reply to

Plaintiff’s Response to Defendants’ Motion for Summary Judgment (for

impeachment purposes only);

73. Mapquest (Exhibit CC to Reply Brief of Defendants’)

74. Certificate of Eligibles dated 1/19/06 (Exhibit AA to Plaintiff’s Motion to Strike);

75. Memorandum to Ronald J. Green from Don T. Arkle dated September 8, 2005

(Exhibit BB to Plaintiff’s Motion to Strike);

76. Position Classification Questionnaire (Form 40) for PCQ # 1736405 dated

9/08/05 (Exhibit CC to Plaintiff’s Motion to Strike);

77. Position Classification Questionnaire (Form 40) for PCQ # 1736405 dated

6/22/04 (Exhibit DD to Plaintiff’s Motion to Strike);

78. Master Activity Log Records for Willie Joe Primus (Exhibit EE to Plaintiff’s

Motion to Strike);

79. Orders and Opinions entered by the Court in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N

80. Order entered in U.S. v. Frazier, 317 F. Supp. 1079 (M. D. Ala.), aff’d, 493 F.2d

614 (5

th Cir. 1974);

81. Order entered in U.S. v. Frazier, 1976 WL 729 (M.D. Ala. 1976);

82. Reynolds Doc. no. 553 (Consent Decree);

83. Reynolds Doc. no. 4147 (Stipulations);

84. Reynolds Doc. no. 4247 (Agreement on Remedies for Contempt);

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 6 of 9
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85. Reynolds Doc. no. 4284 (January 31, 2000 Contempt Order);

86. Reynolds Doc. no. 4700 (Settlement Agreement);

87. Reynolds Doc. no. 5228 (Amendment to Settlement Agreement);

88. Pleadings filed by the Adams Intervenors in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N;

89. Reynolds Doc. no. 5234 (Order Approving Revised Settlement);

90. Reynolds Doc. no. 7587 (Order of December 13, 2004 on Art 16);

91. Reynolds Doc. no. 7592 (Order of December 15, 2004 on Art. 16);

92. Monthly and Quarterly Reports, including any exhibits, attachments or

appendices, submitted by the Alabama Department of Transportation in Reynolds

v. Alabama Department of Transportation CV 85 T-665 N;

93. Monthly and Quarterly Reports, including any exhibits, attachments or

appendices, submitted by the State Personnel Department in Reynolds v.

Alabama Department of Transportation CV 85 T-665 N;

94. Depositions of Don Arkle taken in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N;

95. Depositions of Ron Greeen taken in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N;

96. Testimony of Don Arkle given in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N;

97. Testimony of Ron Green given in Reynolds v. Alabama Department of

Transportation CV 85 T-665 N;

98. Depositions of Ron Greeen taken in Deyampert and Brown v. Alabama

Department of Transportation CV 03-C-3132-W;

99. Judgment entered in Deyampert and Brown v. Alabama Department of

Transportation CV 03-C-3132-W;

100. Deposition of Ron Green taken in Turner v.Alabama Department of

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 7 of 9
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Transportation;

101. Judgment entered in Cabbil v.Alabama Department of Transportation, 2:05-cv513-T;

102. Depositions of Ron Green taken in Deyampert and Brown v. Alabama

Department of Transportation CV 03-C-3132-W;

103. Rosalyn Larkin Memorandum dated March 16, 1984;

104. Rosalyn Larkin Memorandum dated November 3, 1978;

105. Charts and graphs reflecting the racial composition of ALDOT job classifications

for various time periods;

106. Extracts of records from the SPD database provided by defendants to plaintiffs’

counsel;

107. Plaintiff reserves the right to use any exhibits listed on defendant’s exhibit list;

108. Plaintiff reserves the right to supplement this Exhibit List as information becomes

known;

109. Plaintiff reserves the right to use documents necessary for rebuttal and/or

impeachment;

110. Plaintiff reserves the right to use documents not listed herein for the purpose of

impeachment and/or rebuttal.

The listing of any document on this exhibit list does not waive the plaintiff’s right to

object to the admissibility of any document if offered by the defendants.

Respectfully submitted,

Russell W. Adams

Counsel for Plaintiff

OF COUNSEL:

WIGGINS, CHILDS, QUINN & PANTAZIS, LLC

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 8 of 9
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301 19

th Street North

Birmingham, Alabama 35203

(205) 314-0500

CERTIFICATE OF SERVICE

I DO HEREBY CERTIFY, than on the 25

th

day of June, 2007, a copy of the foregoing

was electronically filed with Clerk of Court using the CM/ECF system, which will send

notification to the following:

Jim R. Ippolito

Andrew Redd

Mitchell Alton, III,

Alabama Department of Transportation

1409 Coliseum Boulevard

Montgomery, Alabama 36110

Russell W. Adams

Counsel for the Plaintiff

Case 2:06-cv-00658-TFM Document 40 Filed 06/25/2007 Page 9 of 9