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07-234 - McQuirter et al v. City of Montgomery, Alabama


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07-234 - McQuirter et al v. City of Montgomery, Alabama
February 12, 2008
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MEMORANDUM OPINION AND ORDER directing as follows: 1) Plf Gwendolyn McQuirter's 31 Motion for Partial Summary Judgment as to Liability Against Dfts K.C. Bentley and Rob Cook on Counts VII (Violation of Driver(sic) Privacy Protection Act), & VIII (42 USC 1983) is DENIED; 2) The 33 Motion for Summary Judgment of Dfts, City of Montgomery, K.C. Bentley and Ron Cook is GRANTED only with respect to all claims pursuant to the Driver's Privacy Protection Act (Count VII) and 42 USC 1983 (Count VIII); 3) The claims set forth in Count VII and Count VIII of the Second Amended Complaint are DISMISSED WITH PREJUDICE; 4) The Court declines to exercise supplemental jurisdiction over all claims pursuant to state law (Counts I through VI and the Third Party Claims) and such claims are due to be REMANDED to the Circuit Court of Montgomery County Alabama. The Clerk of the Court is DIRECTED to take all steps necessary to effect this remand; 5) Any pending motions not addressed by this Memorandum Opinion and Order, namely: the portions of the 33 Motion for Summary Judgment of Dfts City of Montgomery, K.C. Bentley and Ron Cook directed to the claims pursuant to Alabama law (Counts I through VI) and the Third Party Plfs(sic) 37 Motion for Default Judgment Against Third Party Dfts, Tiffany Michele Riley and Roosevelt Perkins, are left for resolution by the Circuit Court for Montgomery County, Alabama after remand; 6) Due to these rulings, the trial setting in this case is hereby STRICKEN; 7) A separate final judgment will be entered. Signed by Judge Mark E. Fuller on 2/12/2008. (furn: yg, hc, kg)(term: Jury Trial for 03/03/2008) (Attachments: # (1) civil appeals checklist)(wcl, )
February 12, 2008
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FINAL JUDGMENT, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) With respect to the claims set forth in Counts VII and VIII in this action, judgment is ENTERED in favor of Dfts and against Plfs, with Plfs taking nothing by these claims; (2) All claims pursuant to Alabama law (Counts I through VI and the Third Party Claims) are to be REMANDED to the Circuit Court for Montgomery County, Alabama; (3) Costs are TAXED against Plfs, for which execution may issue; (4) The Clerk of the Court is DIRECTED to enter this document on the civil docket as a Final Fudgment pursuant to Rule 58 FRCP and to close this file. Signed by Judge Mark E. Fuller on 2/12/2008. (Attachments: # (1) civil appeals checklist) (wcl, )