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16-798 - Hunter et al v. Beshear


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16-798 - Hunter et al v. Beshear
January 25, 2018
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FINAL SETTLEMENT APPROVAL OPINION AND ORDER: It is ORDERED as follows. (1) An injunctive-relief settlement class is certified under FRCP 23(a) and (b)(2), as further set out in the opinion and order. (2) The Alabama Disabilities Advocaty Program, Henry (Hank) F. Sherrod, III, P.C., and the ACLU of Alabama Foundation are appointed as class counsel to represent the settlement class under FRCP 23(g). (3) The parties' settlement agreement (doc. No. 60-1), as amended, is approved, subject to the above constructions of Sections VIII, X.2, and X.4. (4) The objections to the settlement agreement (doc. No. 69-1) are overruled. (5) The parties' stipulated modifications (doc. nos. 84 and 89) are adopted. (6) The settlement agreement, as modified by the stipulations, is entered as a separate consent decree. Defendant Lynn T. Beshear, in her official capacity as the Commissioner of the Alabama Department of Mental Health, is to commence compliance with its terms. (7) The settlement agreements provisions regarding attorneys fees are approved. Plaintiffscounsel are instructed to submit a motion for attorneys' fees within 14 days of this order, in accordance with FRCP 54(d)(2). (8) The parties are to meet and confer and submit to the court by no later than 2/15/2018, a plan for providing notice to class members of the entry of this consent decree and for ensuring that class members have access during the pendency of the consent decree to both it and this opinion. In particular, this notice must describe in lay terms, understandable to a person of limited education, the rights set out in the decree. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 1/25/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
January 25, 2018
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CONSENT DECREE as further set out in the decree. Signed by Honorable Judge Myron H. Thompson on 1/25/2018. (Attachments: # (1) Appendix A, # (2) Appendix B, Monitoring Protocol # (3) Appendix C, Form of Annual Notice to Members of Alabama State Bar, # (4) Appendix D, Form of Annual Notice to Alabama Circuit Court Judges)(dmn, )
January 29, 2018
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ORDER: It is ORDERED as follows: (1) On January 25, 2021, the parties are to file a joint report on whether the consent decree (doc. no. 94) should be terminated and this case dismissed pursuant to paragraph X in the consent decree (doc. no. 94). (2) On January 25, 2019, and, again, on January 27, 2020, the parties are to file a joint report on the status of compliance with the consent decree (doc. No. 94). Signed by Honorable Judge Myron H. Thompson on 1/29/2018. (dmn, )
February 12, 2018
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emains pending as to the additional amount of $67,986.00. Signed by Honorable Judge Myron H. Thompson on 2/12/2018. (dmn, )ORDER: Because the court has already approved attorneys' fees in the amount of $275,000, see Hunter v. Beshear, No. 2:16cv798-MHT, 2018 WL 564856 at *2, *20 (M.D. Ala. Jan. 25, 2018) (Thompson, J.), it is ORDERED as follows: (1) The Motion for Attorneys' Fees and Non-Taxable Expenses is granted as to the amount of $275,000. (2) The plaintiffs shall recover from defendant thesum of $ 275,000. (3) The motion for attorneys fees and non-taxableexpenses (doc. no. 96) r