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07-650 - Owens et al v. State of Alabama Department of Mental Health and Mental Retardation et al


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07-650 - Owens et al v. State of Alabama Department of Mental Health and Mental Retardation et al
July 2, 2008
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ORDER granting defendants' 38 motion to supplement exhibits to brief on motion for summary judgment; denying plf's 33 Motion for Leave of court to amend complaint to conform to the evidence. Signed by Honorable W. Harold Albritton, III on 7/2/08. (djy, )
August 18, 2008
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ORDERED that if the plaintiffs do not concede that summary judgment is due to be granted as to any due process claim asserted under the Fourteenth Amendment in Count III of the Amended Complaint, the plaintiffs shall file their response to the defendants' argument based on Vaughn v. Shannon, 758 F.2d 1535 (11th Cir. 1985), on or before 8/25/08 as further set out in order. Signed by Honorable W. Harold Albritton, III on 8/18/08. (sl, )
August 29, 2008
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MEMORANDUM OPINION AND ORDER as follows: (1) the defendants' 36 Motion for Summary Judgment is denied as to the Title VII claims of each plaintiff against the ADMH (Count I) and the 1983 claims asserted against the individual defendants only in Count II and Count III which merge into a claim under the Fourteenth Amendment for denial of equal protection as against the individual defendants in their individual capacities and in their official capacities for prospective injunctive relief only; (2) the defendants' 36 Motion for Summary Judgment is granted as to, and judgment is entered in favor of the defendants and against the plaintiffs, Joan Faulk Owens and Karen Lynn Hubbard, on the procedural due process claims (Count III); (3) the court declines to exercise supplemental jurisdiction over the state law claims and they are dismissed without prejudice; (4) the 54 Motion to Strike the testimony of Davis Petty is denied; (5) the 55 Motion to Strike which is contained within document 55 is granted as to the plaintiffs' statement in brief that the defendants violated a policy against favoritism and denied in all other aspects as moot; (6) the 60 Motion to Strike the affidavit of Emmett Poundstone is denied as moot; (7) the 62 Motion to Amend/Correct is denied as untimely; (8) the 65 Motion to Strike the affidavit of Judith Johnston is denied as moot; (9) the 66 Motion for Extension of Exhibit filing is granted; (10) this case will proceed to trial on the plaintiffs' race discrimination claims under Title VII against the ADMH and under the equal protection clause against Houston, Dillihay, Ervin, and Benson in their individual capacities, and in their official capacities for prospective injunctive relief only. Signed by Honorable W. Harold Albritton, III on 8/29/08. (sl, )
October 15, 2008
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ORDERED as follows: (1) the defendants' request to be able to file rebuttal designations to plaintiffs' deposition designations, contained within document 98 is granted; (2) the defendants' 111 114 115 116 117 118 objections to plaintiffs' deposition designations are overruled to the extent that they raise objections based on the complete deposition answer not being designated by the plaintiffs; (3) the plaintiffs need only respond to the defendants' objections to deposition designations by the court's deadline of 10/20/08 to the extent the defendants object on grounds other than that the entire answer was not designated. Signed by Honorable W. Harold Albritton, III on 10/15/08. (sl, )
October 16, 2008
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MEMORANDUM OPINION AND ORDER as follows: (1) the plaintiffs' 92 Motion for Leave to File Supplemental Pretrial Contentions is granted in part and denied in part as further set out in order; (2) the defendants' 93 Motion to Amend/Correct to Add Defenses and to Reinstate a Defense to their Pretrial Contentions is granted in part and denied in part as further set out in order. Signed by Honorable W. Harold Albritton, III on 10/16/08. (sl, )
October 22, 2008
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ORDER that defendants' 100 MOTION in Limine Regarding Policies, Procedures, Rules and Regulations is GRANTED only to the extent that the Plaintiffs may not refer to evidence of ADMH policies and procedures in opening statement, and must take up the evidence outside of the presence of the jury before introducing it; that defendants' 101 MOTION in Limine regarding membership in organizations is GRANTED to the extent that the Plaintiffs may not introduce evidence of Dillihay's associations with various groups, unless the Defendants open the door to that evidence; that defendants' 104 MOTION in Limine regarding the EEOC File is DENIED as to Plaintiff's Exhibit 158, and the Motion in Limine is GRANTED in all other respects; that plaintiff's 108 MOTION in Limine regarding testimony of Emmett Poundstone is DENIED to the extent that Poundstone is testifying to things within his own personal knowledge, rather than giving an interpretation of laws or practices, and GRANTED in all other respects; that plaintiffs' 109 MOTION in Limine is GRANTED to the extent that the Defendants are not to refer to exhibits involving the Segal Group study and report, or to Exhibit 104, in any way without first taking it up outside of the presence of the jury; that defendants' 110 MOTION in Limine regarding Dillihay's deposition is DENIED as moot; that the remaining 113 MOTION in Limine of the Defendants will be addressed in a separate Order. Signed by Honorable W. Harold Albritton, III on 10/22/2008. (cc, )
October 23, 2008
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ORDERED as follows: (1) defendants' 113 Motion in Limine is granted in part and denied in part as further set out in order; (2) the defendants' 12 Objections to plaintiffs' Exhibit List are sustained as further set out in order; (3) the remaining objections will be ruled on at trial, in light of the evidence, if and when, the exhibits are offered and an objection is made. The court will rule by separate Order on objections to evidence regarding Dr. Lindsey and Dr. Kumar. Signed by Honorable W. Harold Albritton, III on 10/23/08. (sl, )
October 24, 2008
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ORDERED as follows: (1) the plaintiffs' 105 Objection and Motion to Strike is overruled and denied as moot; (2) the defendants' 102 Objections to the plaintiffs' Witness Lisst is sustained as to listed witnesses Cindy Futral, Nina Browning, Herbert Lindsey, Greg Etheridge, Joe Long, Eleanor Torbert, Sheri Guenster, Murry A. Gosa, Kay Lindsey, Beverly B. Hinston, and Delner Franklin-Thomas, and Gena Watts, Jodi Smith, and Brooke Hogan, except to the extent they may be called in rebuttal; (3) the defendants' 102 Objections to the plaintiffs' Witness List are overruled as to Dr. Kumar, Dr. Kathy Lindsey, and Michael Hubbard, to the extent that those witnesses testify only to personal observation and offer no opinion as to causation of emotion distress; (4) defendants' 121 Objections to Exhibits are sustained as to plaintiffs' Exhibits #99 and 121 and to Exhibits #100 and 122, to the extent that they have not been authenticated. Signed by Honorable W. Harold Albritton, III on 10/24/08. (sl, )
October 24, 2008
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ORDERED as follows: (1) the defendants' 155 Emergency Motion to Stay Proceedings is denied; (2) further Certified that the appeal from the court's 150 Order denying the Motion to Shorten Time for Consideration of defendants' Second Motion for Summary Judgment is frivolous and taken for the purpose of delay. Signed by Honorable W. Harold Albritton, III on 10/24/08. (sl, )
October 24, 2008
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ORDERED that the defendants' Objections in Doc. #'s 111 114 115 116 117 and 118 are SUSTAINED in part and OVERRULED in part as set out in this order. Signed by Honorable W. Harold Albritton, III on 10/24/08. (sl, )