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05-1172 - Martin et al v. City of Dothan et al


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05-1172 - Martin et al v. City of Dothan et al
October 27, 2006
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MEMORANDUM OPINION AND ORDER; ORDERED that the Dft's 36 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Signed by Judge Mark E. Fuller on 10/27/06. (wcl, )
February 25, 2008
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MEMORANDUM OPINION AND ORDER: (1) Defendants' 70 Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. The motion is DENIED with respect to Counts Two, Three, Eight, Nine, Ten and GRANTED with respect to all remaining counts. (2) Plaintiff Brackin's 69 Motion for Partial Summary Judgment is DENIED. (3) 70 Defendants' Motion for Attorney's Fees is DENIED. (4) Defendants' 76 Motion to Seal Evidentiary Submissions in Support of Summary Judgment is GRANTED IN PART AND DENIED IN PART. Specifically, the motion is: (a) GRANTED with respect to Defendants' Exhibits 6, 11-14 to the Martin Deposition, and Defendants' Exhibits 27-29 to the Brackin Deposition. (b) DENIED in all other respects. (c) Defendants shall file redacted exhibits with this Court on or before 3/10/2008. (5) Defendants' 81 Motion to Strike, 94 Motion to Strike, 95 Motion to Strike are DENIED AS MOOT. (6) Plaintiff's 96 First Motion to Strike is DENIED AS MOOT. (7) Defendants' 106 Motion to Sever is DENIED AS MOOT. (8) The following claims are DISMISSED WITH PREJUDICE: (a) Brackin's Claims: Counts One, Four, Five, Six, Seven, Eleven. (b) All of Martin's federal claims. (9) Martin's state law claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Mark E. Fuller on 2/25/2008. (dmn)