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16-048 - Gray v. City of Montgomery


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16-048 - Gray v. City of Montgomery
April 11, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1. The 14 Motion to Dismiss is GRANTED as to any claims brought under Title VII, the ADEA, and the FMLA against Kimbly Harris, Tracey Stephenson, Todd Strange, Melinda Chandler, Larry Fisher, and J. Christopher Murphy individually and those claims are DISMISSED with prejudice. 2. The Motion to Dismiss is GRANTED as to all remaining claims and those claims are DISMISSED without prejudice to being repled. 3. The Plaintiff is given until April 25, 2016 to file a new Amended Complaint which repleads the claims dismissed without prejudice, should she choose to do so. The Plaintiff should plead facts to remedy the deficiencies discussed above, if she can do so within the requirements of Rule 11 of the Rules of Civil Procedure. 4. Any Amended Complaint filed in accordance with this Memorandum Opinion and Order must be filed consistently with M.D. Ala. Local Rule 15.1 and be complete unto itself, without incorporation by reference to the original Complaint. Any Amended Complaint should also separately identify each alleged adverse employment action and the statutory basis upon which Gray makes a claim as to that adverse employment action. If the Plaintiff files an Amended Complaint, she should consider whether to include Carmen Douglas as a Defendant, in view of the Answer filed by that Defendant to the original Complaint. Signed by Honorable Judge W. Harold Albritton, III on 4/11/2016. (kh, )
August 11, 2016
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MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1) The 27 Motion to Dismiss is GRANTED to the following extent: a) To the extent that the Amended Complaint names these Dfts, they are ORDERED DISMISSED: the Montgomery Department of Public Safety, Kimbly Harris, Tracy Stephenson, Todd Strange, Melinda Chandler, Larry Fisher, and J. Christopher Murphy; b) As to Counts I and II, the Title VII claims based on events occurring before September 2014 are dismissed as time-barred. The Title VII claim in Count II based on denial of an interview for a promotion is also dismissed; c) Count III is DISMISSED; d) The retaliation claims in Counts IV and VI are DISMISSED; 2) The Motion to Dismiss is DENIED as to, and the case will proceed at this stage on the timely claims for race discrimination for denial of an interview for a promotion and Dispatcher of the Year Award in Count I and Count VI, the gender claim based on denial of the Dispatcher of the Year Award in Count II and Count VI, the Count V hostile environment claim, the hostile environment Equal Protection claim in Count VI, and on the FMLA claim in Count VII, against the City of Montgomery. Signed by Honorable Judge W. Harold Albritton, III on 8/11/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
September 28, 2017
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ORDERED that the motion (Doc. # 51) is GRANTED, and that all of Plaintiff's claims against Defendant Carmen Douglas are DISMISSED without prejudice, with each party to bear her own costs. The Clerk of the Court is DIRECTED to terminate Defendant Carmen Douglas as a Defendant to this action. Signed by Chief Judge William Keith Watkins on 9/28/2017. (kh, )
April 11, 2018
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MEMORANDUM OPINION AND ORDER that Defendant's 52 Motion for Summary Judgment is entered in favor of Defendant City of Montgomery and against Plaintiff Gwendolyn Gray on all remaining claims in Plaintiff's Amended Complaint. Final Judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/11/2018. (dmn, )