BIRMINGHAM — A federal judge has told all parties in the Gardendale school separation case that the best path toward keeping the separation on schedule will likely go through her courtroom.

U.S. District Judge Madeline Hughes Haikala told attorneys for Gardendale City Schools, Jefferson County Schools, the plaintiffs in the original 1965 Stout and United States v. Jefferson County Board of Education desegregation case and the U.S. Department of Justice that they all need to come together as part of the negotiations between the county and the new city system.

Last week, Haikala issued an injunction against the Gardendale system that put a stay on their lawsuit in Jefferson County District Court, which was filed against JefCoEd in an effort to keep the separation process on schedule for the 2015-16 academic year.

Haikala did not act further on that injunction, but suggested that going through federal court might expedite matters, and attorneys for Gardendale offered to drop the state-level case if that would help.

“There is a timeline here that makes a July 1 kickoff date very unrealistic,” Haikala said, “unless the parties are able to work amongst themselves to come up with some sort of agreement which satisfies both the state requirements, and the requirements of the Stout case.”

The judge said that if Gardendale’s state lawsuit continues, an appeal to the Alabama Supreme Court might follow, and then more action by the federal court after that.

“If the court believes this is the most expeditious path, we’ll dismiss the state case,” Gardendale attorney Giles Perkins told Haikala.

Later on Tuesday, Perkins told The North Jefferson News that they would indeed drop the state case, either later Tuesday or on Wednesday.

Haikala took note of the wide gap in unsettled issues between the two systems, most notably the so-called “exit fee” of more than $33 million which JefCoEd says is necessary to provide facilities to replace Gardendale High School for displaced students. Gardendale contends that it owes nothing, according to state law.

State Supt. Dr. Tommy Bice issued a preliminary ruling in February with an amount of $8.1 million, then handed down a “final order” that erased that amount. That order also put in place Gardendale’s proposed open-door attendance policy for students outside the city limits, but only for the next school year — causing JefCoEd officials to publicly question whether the order can indeed be considered final.

Both JefCoEd Supt. Dr. Craig Pouncey and Gardendale Supt. Dr. Patrick Martin are scheduled to meet with Bice on Tuesday.

The judge suggested that some sort of mediator, either Bice or a special master appointed by her (or both), might be in order move negotiations along. She also said she would like to talk with Bice about the details of the case.

Haikala told all parties to set up negotiations with everyone present, and to report back to the court on Friday. A specific hearing time was not announced.

[Updated at 1:35 p.m. to add that Gardendale Schools attorneys will dismiss their state lawsuit against JefCoEd.]