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14-571 - Lamar et al v. State of Alabama Department of Conservation and Natural Resources et al(JOINT ASSIGN)(MAG2)


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14-571 - Lamar et al v. State of Alabama Department of Conservation and Natural Resources et al(JOINT ASSIGN)(MAG2)
February 22, 2016
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JUDGMENT, pursuant to the 71 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) def State of Alabama Personnel Dept is dismissed with prejudice and terminated as a party, with costs taxed as paid; (2) counts VIII, IX, and X of plfs' 29 amended complaint are dismissed with prejudice; (3) all other claims against all other defs remain; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 2/22/16. (Attachments: # (1) civil appeals checklist)(djy, )
July 26, 2016
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REPORT AND RECOMMENDATION: Defendants' motion for summary judgment with regard to Key's claims (Doc. 88) is due to be GRANTED IN PART and DENIED IN PART. Summary judgment is due to be GRANTED as to Key's Title VII and race discrimination claims against Lein and Laraway in their official capacities in Counts I-VII; as to Key's claim in Count II for Retaliatory Hostile Work Environment; as to Key's ADA claims in Counts V and VI; as to Key's FMLA claim in Count VII; and as to Key's claim of Interference under Section 504 of the Rehabilitation Act in Count VI. Summary judgment is due to be DENIED as to a pattern and practice claim which Key did not claim; as to Defendants' argument that Key failed to exhaust his administrative remedies by not filing or amending his EEOC charge after the termination of his employment; as to Key's claim in Count I alleging Retaliation in violation of Title VII in Count V; as to Key's claim of Retaliation under the Rehabilitation Act; as to any implicit claim of Discrimination distinct from Key's Interference claim under the Rehabilitation Act; and as to drug testing or any other unidentified and unpleaded claims. Objections to R&R due by 8/9/2016. Signed by Honorable Judge Paul W. Greene on 7/26/2016. (kh, )
October 4, 2016
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ORDER: THIS MATTER is before the Court sua sponte. Sections 3, 4, 5, 6, and 8(c) of the Scheduling Order (Dkt. 131) are replaced with the following procedures: FINAL PRETRIAL PROCEDURES (a) Counsel for all parties shall meet together no later than three (3) days before the date of the final pretrial conference in a good faith effort to: (I) discuss the possibility of settlement; (2) stipulate to as many facts or issues as possible; (3) examine all exhibits and other items of tangible evidence to be offered by any party at trial; (4) exchange the names and addresses of all witnesses; and (5) prepare a pretrial statement in accordance with subsection (b). (b) The pretrial statement shall be filed with the Court no later than noon on October 11, 2016, and shall contain: (I) the basis of federal jurisdiction; the trial and may not be amended except by order of the Court in the furtherance of justice. If new evidence or witnesses are discovered after filing of the pretrial statement, the party desiring to use the same shall immediately notify opposing counsel and the Court, and such use shall be permitted only by order of the Court in the furtherance of justice. (d) The Pretrial Conference shall be attended by all counsel who will participate in trial. Counsel shall be vested with full authority to make and solicit disclosure and agreements on all matters pertaining to trial. Counsel who do not attend the Pretrial Conference will not be permitted to participate in trial. (e) Following the Pretrial Conference, a trial procedures order will be entered and will include instructions regarding voir dire, proposed jury instructions and verdict forms, and motions in limine. Signed by Honorable Judge James D. Whittemore on 10/4/2016. (kh, )
February 8, 2017
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demotion claims against the DCNR (Counts III and IV). The motion is DENIED on her Title VII claims of Retaliation and Retaliatory Hostile Work Environment against the DCNR (Counts I and II). 3. Defendants' Motion for Summary Judgment with RespecORDER: After consideration of the R&R in conjunction with a de novo review, the recommendations of the Magistrate Judge are adopted and confirmed. 1. Plaintiff Key's Motion for Partial Summary Judgment (Dkt. 79) is DENIED. 2. Defendants' Motion for Summary Judgment with Respect to Claims of Lavonne "Penny" Lamar (Dkt. 86) is GRANTED on her official capacity claims against Greg Lein and Lisa Laraway (Counts I, II, III, and N), and her disparate treatment and constructive t to Claims of William K. Key (Dkt. 88) is GRANTED on his official capacity claims against Greg Lein and Lisa Laraway (Counts I, II, IV, V, VI, and VII), and his claims against the DCNR for retaliatory hostile work environment (Count H), ADA violations (Counts V and VI), and violation of the Rehabilitation Act claim (Count VI). Defendants' motion (Dkt. 88) is DENIED on his Title VII retaliation claim (Count I) and Rehabilitation Act retaliation claim (Count V) against the DCNR. Signed by Honorable Judge James D. Whittemore on 2/8/2017. (kh, )