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15-182 - Callwood v. Phenix City, Alabama et al


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15-182 - Callwood v. Phenix City, Alabama et al
September 8, 2015
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MEMORANDUM OPINION AND ORDER GRANTING the 23 PARTIAL MOTION TO DISMISS as further set out in order; allowing the plf until 9/22/2015 to file a new Amended Complaint in accordance with this Memorandum Opinion, which is complete unto itself in accordance with the Local Rules (M.D. Ala. L. Rule 15.1), and which more specifically states a claim for supervisory liability against Jay Jones, and which more specifically states a claim for excessive force against Charles Jenkins, Jr., should the Plaintiff choose to pursue those claims. Signed by Honorable Judge W. Harold Albritton, III on 9/8/15. (Attachments: # (1) civil appeals checklist)(djy, )
November 23, 2015
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ORDERED as follows: 1. The Motion to Transfer (Doc. #44) is DENIED. 2. The Motion to Dismiss (Doc. #44) is GRANTED as to the claim against Charles W. Jenkins, Jr. in Count I of the Second Amended Complaint and Count I is DISMISSED as against Charles W. Jenkins, Jr. with prejudice. 3. The Motion to Dismiss (Doc. #44) is DENIED as to the claim against Charles W. Jenkins, Jr. in Count III of the Second Amended Complaint. Signed by Honorable Judge W. Harold Albritton, III on 11/23/2015. (kh, ).
March 22, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the 58 Motion to Transfer is DENIED. Signed by Honorable Judge W. Harold Albritton, III on 3/22/2014. (kh, )
August 22, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1) The 104 Motion to Voluntarily Dismiss Raymond J. Smith as a Dft is GRANTED and Raymond J. Smith, individually, is DISMISSED as a Dft; 2) The 105 Motion for Leave to Amend Complaint is DENIED. Signed by Honorable Judge W. Harold Albritton, III on 8/22/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
November 10, 2016
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MEMORANDUM OPINION AND ORDER directing as follows: (1) the 111 MOTION to Strike Paragraphs 3, 4, and 5 of the Declaration of Gloria Warr and the 114 MOTION to Strike portions of paragraphs of the Affidavit of the Woddhams are GRANTED; (2) the 112 MOTION to Amend/Correct is GRANTED; (3) the 132 MOTION to Strike is DENIED; (4) the 76 MOTION for Summary Judgment filed by Defendants David Butler, Phenix City, Shawn Sheely, Raymond J. Smith, and Joey Williams is GRANTED as to the plf's federal claims and judgment is due to be entered in favor of those defs and against the plf on the federal claims; (5) the79 MOTION for Summary Judgment filed by Charles W. Jenkins Jr., Jay Jones, Steven M. Mills, and Ray Smith is GRANTED as to the plf's federal claims and judgment is due to be entered in favor of those defs and against the plf on the federal claims; (6) Pursuant to 28 U.S.C. 1367(c)(3), the court declines to exercise supplemental jurisdiction over the state law claims, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 11/10/16. (djy, )
November 10, 2016
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JUDGMENT, in accordance with the Memorandum Opinion and Order entered on this date, and Orders previously entered in this case (Doc. 36, ]123]), Final Judgment is entered as to Defendants David Butler, Phenix City, Shawn Sheely, Raymond J. Smith, Joey Williams, Charles W. Jenkins Jr., Jay Jones, Steven M. Mills, and Ray Smith, and against the Plaintiff on the Plaintiff's federal claims; Pursuant to 28 U.S.C. 1367(c), the court declines to exercise supplemental jurisdiction over the Plaintiff's state law claims. Signed by Honorable Judge W. Harold Albritton, III on 11/10/16. (Attachments: # (1) civil appeals checklist). Furnished to calendar group & JT (terminates Pretrial Conference 02/02/2017; Jury Trial 03/06/2017).(djy, )