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85-665 - Reynolds v. Dept/Transportation, et al


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85-665 - Reynolds v. Dept/Transportation, et al
March 4, 2005
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REPORT AND RECOMMENDATIONS Accordingly, it is recommended that the Court grant the defendants' MOTION for Refund of all Fines and Accrued Interest Paid for contempt of Articles II and III (Doc. No. 7405). That portion of the Defendants' motion (Doc. No. 7405) asking the Court to terminate the civil contempt fines for articles II and III should be denied as Moot since the Court had previously order the suspension of said fines; See Docket No. 7667 at 13; The Defendants should certify to the Court the amount they have paid as civil contempt fines for Articles II and III and seek from the Court an order directing the Clerk of Court to return said amonts to the Defendants; Objections to R&R due by 4:00 on 3/28/2005. Signed by C.A. Gonzalez, Special Master on 3/4/05. (vmc, )
April 21, 2005
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ORDER as follows: 1) Pursuant to agreement of the defendants, plaintiffs, and Adams intervenors, the defendants' quarterly supplemental testing schedule, dated 4/8/05 (attached to the notice of filing (Doc. no. 7725), is approved, adopted, and entered by the Court; The schedule supplements the schedule previously adopted and entered by the Court on 12/9/03 (Doc. no. 7074), as subsequently supplemented; 2) The quarterly testing schedule includes SPD's schedule for both non-project and project classifications; With regard to the project schedule, the parties reserve their respective positions as to whether the MQs for those classifications are valid and/or have been approved; 3) The defendants are ENJOINED and RESTRAINED from failing to comply with the supplemental schedule attached to the notice of filing (doc. no. 7725). Signed by Judge Myron H. Thompson on 4/21/05. (vmc, )
June 27, 2005
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ORDER Accordingly, The Defendants' demand that the SPD be paid $250 per hour for Dr. Buster's expert testimony in their pending motion for Article VIII compliance is rejected.. Signed by C.A. Gonzalez on 6/27/05. (vmc, )
June 27, 2005
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REPORT AND RECOMMENDATIONS re 7752 MOTION for Order Requiring Defendants to Pay Funds Related to Grievance Settlement filed by Johnny Reynolds; that the Plaintiff's Motion to Recover Funds 7752 be denied; Objections to R&R due by 7/7/2005; within (10) days. Signed by C.A. Gonzalez on 6/27/05. (vmc, )
June 30, 2005
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ORDER Based upon plaintiffs' response Doc. No. 7799, it is Ordered that defendants' motions for approval of minimum qualifications, etc. Doc. Nos. 7605, 7610, 7611,& 7794 are granted and the minimum qualifications at issue are approved . Signed by Judge Myron H. Thompson on 6/30/05. (vmc, )
August 1, 2005
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REPORT AND RECOMMENDATIONS that the Intervenors' 7732 MOTION for an Interim Award of Attorneys' Fees and Expenses be GRANTED IN PART and DENIED IN PART; further recommending that if the Court adopts this report and recommendation, that the Intervenors and Defendants review the current fee petition consistent with the findings and procedures set forth above in Sections II(C)(2)(i)-(vii), and that fees and expenses be paid to the Intervenors in amounts authorized by this report and recommendation; Objections to R&R due by 4:00 p.m. on 8/22/2005. Signed by Carlos Gonzalez on 8/1/05. (djy, ) Modified on 8/1/2005 to reflect signed by Special Master Gonzalez and not by Judge Thompson (qc/djy, ).
August 30, 2005
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ORDER it is the Order, Judgment, and Decree of the court as follows: 1) The plaintiffs' and the Adams intervenors' objections 7708 and 7706 are sustained; 2) The special master's recommendation 7694 is rejected; 3) The defendants' motion to terminate Article II and III civil contempt fines and for refund of all fines and accrued interest paid pursuant to the order of civil contempt for Articles II and III 7405 is denied; 4) The plaintiffs' and the Adams intervenors' objections 7735 and 7736 are overruled; 5) The defendants' motion for modification of the 2000 contempt order 7728 is granted in part; 6) The defendants are entitled to a refund of 85 % of all fines and accrued interest paid pursuant to the 2000 order of civil contempt for Articles II and III; 7) After conferring with the clerk of the court and, in any event by no later than 9/6/05, the parties are to submit to the court a jointly agreed upon calculation of the amount of this 85% refund. Signed by Judge Myron H. Thompson on 8/30/05. (Attachments: # (1) civil appeals checklist) (vmc, )
September 23, 2005
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ORDER directing that the Special Master's 7798 REPORT AND RECOMMENDATION is NOT ADOPTED at this time and the plf's 7752 MOTION to recover funds is referred back to the Special Master, as further set out in order . Signed by Judge Myron H. Thompson on 9/23/05. (djy, )
September 23, 2005
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ORDER it is Ordered as follows: 1) The defendants' objections 7841 and Adams intervenors' objections 7842 are overruled, with leave to renew the objections when the Special Master enteres a final recommendation for the specific sum, if any, that the Adams intervenors should receive as interim attorneys' fees; 2) The Special Master's 7824 Report and Recommendations is "preliminarily" adopted, and the defendants and the Adams intervenors are to comply forthwith with the Special Master's directives; 3) 7732 MOTION for Interim Award of Attorneys' Fees and Expenses filed by William Adams are granted in part and denied in part as set forth in the Special Master's report and recommendation 7824.. Signed by Judge Myron H. Thompson on 9/23/05. (Attachments: # (1) appeals checklist)(vmc, )
November 2, 2005
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REPORT AND RECOMMENDATIONS re 7732 MOTION for Attorney Fees Interim Award of Attorneys' Fees and Expenses filed by William Adams, Accordingly it is recommended that of the $146,106.18 in fees and expenses sought by the Intervenors in their first interim fee request 7732 that $43,136.25 be deducted from that amount for a total award of $102,969.93; Objections to R&R due by 11/14/2005. Signed by C.A. Gonzalez on 11/2/05. (vma, )
November 2, 2005
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REPORT AND RECOMMENDATIONS re 7849 Second MOTION for Attorney Fees and Expenses (Interim Award) filed by William Adams, Accordingly, it is recommended that the Intervenors' second interim requestfor fees and expenses 7849 be GRANTED IN PART and DENIED INPART consistent with this Recommendation. Specifically, it is recommended that of the$118,133.18 in fees and expenses sought by the Intervenors, $73,447.50 be deducted for atotal award of $44,685.68; Objections to R&R due by 11/14/2005. Signed by C.A. Gonzalez on 11/2/05. (vma, )
December 5, 2005
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REPORT AND RECOMMENDATIONS re 7857 MOTION to Alter Judgment 7845 Order on Report and Recommendations, Order on Motion to Modify,,,,,,,, filed by Department of Personnel, State of Alabama,, Department of Transportation, State of Alabama, it is Recommended that the Defendants' Motion to Alter or Amend be granted in part and denied in part; It is recommended that the defendants be found to have been in compliance with Article II, 2()a) on 9/1/01; It is recommended that the Defendants be found in compliance with Article III, 2(b), (c), and (d) on 10/12/01, and that consistent with the reasoning set forth above, that the defendants be refunded $303,959.33 in remaining Article II and Article III contempt fines; It is further recommended that additional evidence be submitted on the issue of compliance with regard to Article II, 2(b) and Article III, 2(a); Objections to R&R due by 12/22/2005. Signed by C.A. Gonzalez, Special Master on 12/5/05. (vma, )
February 6, 2006
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ORDER it is the Order, Judgment and Decree of the court as follows: 1) The objections filed by the plaintiffs on 12/22/05 7939, are overruled; 2) ADOPTING 7930 Report and Recommendations; 3)The clerk of the court is to refund $303,959.33 to the defendants, consistent with the special master's recommendation; 4) The defendants' motion to alter or amend 7857 is referred back to the Special Master todetermine whether the defendants are entitled to anyrefund of fines attributable to Article II, 2(b) andArticle III, 2(a). Signed by Judge Myron H. Thompson on 2/6/06. (Attachments: # (1) appeals checklist)(furn: Nancy Lett)(vma, )
February 7, 2006
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ORDER With the understanding that the defendants' motion for summary judgment on Article XIV compliance 7777 is not granted as to paragraph 3 of Article XIV and after a de novo review of the record, it is ORDERED as follows 1) The plaintiffs' objection 7935 to Special Master Gonzalez's report and recommendation is overruled; 2) The Special Master's Report and Recommendation 7824, as amended 7906 & 7929, is ADOPTED; 3) Defendants' 7777 Motion for Summary Judgment on Article XIV compliance is granted in part and denied in part; 4) The defendants' 7453 Motion for finding of compliance with Article XIV is granted as 1 & 2 (a); 5) The court reserves judgment on the defendants' motion for a finding of compliance with Article XIV 7453 as to 2(b) & 3, pending further report and recommendation by the Special Master. Signed by Judge Myron H. Thompson on 2/7/06. (Attachments: # (1) civil appeals checklist)(vma, )
February 7, 2006
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ORDER Based on the oral agreement of the parties during the on-the-record status conference held on 2/7/06, it is ORDERED as follows: 2) The Adams intervenors' motion for contempt relief and modification 4691 is referred to Special Master Carlos Gonzalez to the extent it contains requests for make-whole individual contempt relief; 2) Said motion is denied in all other respects as moot. Signed by Judge Myron H. Thompson on 2/7/06. (vma, )
February 21, 2006
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ORDER it is the Order, Judgment and Decree of the court as follows: 1) The objections filed by the defendants on 11/14/05 7919, are overruled, except as to the portion of fees relating to the decree-extension matters; 2) ADOPTING 7908 REPORT AND RECOMMENDATIONS, except the portion of the recommendation relating to the decree-extension matters; 3) The Adams intervenors are awarded only 70 % of the $7,400.00 relating to the decree-extension matters that they requested; 4) Granting in part and denying in part 7732 MOTION for Attorney Fees Interim Award of Attorneys' Fees and Expenses filed by William Adams; 5) The defendants are to pay to the Adams intervenors $101,119.93 in interim fees for the period of January to April, 2005; The court's decision was affected by the following considerations, in light of the parties' oral arguments on 2/7/06 as further set out in order. Signed by Judge Myron H. Thompson on 2/21/06. (Attachments: # (1) appeals checklist)(vma, )
February 21, 2006
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ORDER it is the Order, Judgment and Decree of the court as follows: 1) The objections filed by the defendants on 11/14/05 7920, are overruled; ADOPTING 7909 Report and Recommendations, 3) Granting in part and denying in part 7849 Motion for Attorney Fees, filed by William Adams as further set out in order; 4) The defendants are to pay to the Adams intervenors $44,685.68 in interim fees for the period of May to August 2005. Signed by Judge Myron H. Thompson on 2/21/06. (Attachments: # (1) appeals checklist)(vma, )
February 21, 2006
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REPORT AND RECOMMENDATIONS re 7516 Motion for Finding of Compliance with Article VIII be granted and that as respects each individual paragraph of Article VIII that the Defendants be found in compliance as of the following dates: Paragraph One, 5/24/05; Paragh Tow, 7/31/05; Paragraphs Three, Four and Fice, 9/22/04; It is further Recommended that the Defendants' Motion for Summary Judgment 7811; the Intervenors' Motion for Summary Judgment 7812; and the Plaintiffs' Motion for Summary Judgment 7814 all be denied as moot; Objections to R&R due by 3/10/2006. Signed by C.A. Gonzalez on 2/21/06. (vma, )
February 27, 2006
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REPORT AND RECOMMENDATIONS re 7949 Third MOTION for Attorney Fees and Expenses for the period of September 1, 2005 through December 31, 2005 filed by William Adams, it is recommended that the Intervenors' Third Request for Fees and Expenses 7949 be granted in part and denied in part without prejudice; In particular, it is recommended that the Intervenors be awarded $14,333.33 in fees and expenses as outlined above in section II(H), and that fees in the amount of $11,923.75 be denied (deferred) without prejudice with leave to refile a claim for this amount at a later date; Objections to R&R due by 3/13/2006. Signed by C.A. Gonzalez on 2/27/06. (vma, )
March 14, 2006
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ORDER 1) ADOPTING 7979 Report and Recommendations; 2) granting in part and denying in part 7949 Third MOTION for Attorney Fees and Expenses for the period of September 1, 2005 through December 31, 2005 filed by William Adams, as further set out; 3) The defendants are to pay to the intervenors $14,333.33 in interim fees for the period of September to December 2005. Signed by Judge Myron H. Thompson on 3/14/06. (vma, )
March 16, 2006
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REPORT AND RECOMMENDATIONS re 7857 MOTION to Alter Judgment 7845 Order on Report and Recommendations, it is Recommended that the Defendants' Motion to Alter or Amend 7857 as respects Article II, 2(b) and Article III, 2(a) be denied; Objections to R&R due by 3/27/2006. Signed by C.A. Gonzalez on 3/16/06. (vma, )
March 28, 2006
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ilure to comply with Article II, 2(b) and Article III, 2(a) of Consent Decree I, said motion to alter or amend is denied. Signed by Judge Myron H. Thompson on 3/28/06. (Attachments: # (1) appeals checklist)(vma, )ORDER 1) ADOPTING 7988 Report and Recommendations; 2) To the extent the court's order of 2/6/06 doc. no. 7964, reserved judgment on the dfts' 7857 MOTION to Alter or amend, as it relates to the contempt fines imposed for dfts' fa
April 27, 2006
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ORDER it is the Order, Judgment, and Decree of the court as follows: 1) In light of the notices filed by defendants on 4/5/06 doc. no. 8020 and 4/25/06 doc. no. 8033, the objection filed by the intervenors on 3/10/06 doc. no. 7982 is overruled as moot; 2) ADOPTING REPORT AND RECOMMENDATIONS for 7976 Report and Recommendations; 3) Granting 7439 MOTION For Finding of Compliance With Article VIII of Consent Decree I and Termination of Weekly Contempt Fines on Article VIII filed by Department of Transportation, State of Alabama. Signed by Judge Myron H. Thompson on 4/27/06. (Attachments: # (1) appeals checklist)(vma, )
June 1, 2006
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ORDERING and DECLARING that the defs are in compliance with the following provisions of Consent Decree I: Article III, 3 and 12; Article VI, 1 and 2; Article Vii, 4 and 5; Article IX, 1, 2, 3, and 6; Article XI, 22, and all paragraphs of Article XIII that have not already terminated, that is 1 (a) & (c), 2, 3(d), and 11. Signed by Judge Myron H. Thompson on 6/1/06. (djy, )
June 23, 2006
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ORDERING and DECLARING that the defendants are in compliance with the following provisions of Consent Decree I: Article VI, 3 and 4; and Article XI, 11, as further set out in order. Signed by Judge Myron H. Thompson on 6/23/06. (djy, )
June 26, 2006
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REPORT AND RECOMMENDATIONS that the defs be found in compliance with the requirements of Article XIX, 4, except the erporting provisions required by Sections II (L) and (Q) of the Joint Reporting Appendix; further recommending that the defs take the simple steps necessary to bring them into compliance with L and Q; further recommending that the Court find the defs not in compliance with the Revised Complaint Procedure to the extent the defs do not process grievances against the SPD, as further set out in recommendation; Objections to R&R due by 7/11/2006. Signed by Special Master Carlos Gonzalez on 6/26/06. (djy, )
July 25, 2006
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REPORT AND RECOMMENDATIONS of Special Master that the 8037 Fourth MOTION for Attorney Fees be GRANTED IN PART and DENIED IN PART and that the Adams intervenors be awarded $40,894.25 in fees; Objections to R&R due by 8/10/2006. Signed by Special Master Carlos Gonzalez on 7/25/06. (djy, )
August 2, 2006
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ORDER directing as follows: (1) Special Master Carlos Gonzalez's REPORT AND RECOMMENDATIONS 8093 is adopted; (2) the defs' 7992 MOTION Finding of Compliance with Article I of Consent Decree I is granted; (3) the defs are to carry out the terms of their agreement with the plfs, as set forth in the recommendation at pages 2 and 3. Signed by Judge Myron H. Thompson on 8/2/06. (Attachments: # (1) civil appeals checklist)(djy, )
August 14, 2006
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ORDER directing as follows: (1) ADOPTING 8092 REPORT AND RECOMMENDATIONS of Special Master; (2) the Adams intervenors' 8037 Fourth MOTION for Attorney Fees and expenses is granted in part and denied in part; (3) the intervenors are awarded $40,894.25 in fees. Signed by Judge Myron H. Thompson on 8/14/2006. (Attachments: # (1) civil appeals checklist)(djy, )
September 6, 2006
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ORDER directing as follows: (1) Special Master Carlos Gonzalez's 8099 REPORT AND RECOMMENDATIONS is adopted; (2) the defs' 8065 motion for finding of compliance with Article VII, 1 and 2, of Consent Decree I is granted; (3) it is DECLARED that the defs are in compliance with the following provisions of Consent Decree I: Article VII, 1 and 2. Signed by Judge Myron H. Thompson on 9/6/06. (Attachments: # (1) civil appeals checklist)(djy, )
September 7, 2006
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ORDER directing as follows: (1) ADOPTING REPORT AND RECOMMENDATIONS 8106 of the Special Master; (2) GRANTING 8064 Motion for Finding of Compliance with Article IX, 4 and 5, of Consent Decree I; (3) DECLARING that the defendants are in compliance with the following provisions of Consent Decree I: Article IX, 4 and 5. Signed by Judge Myron H. Thompson on 9/7/06. (Attachments: # (1) civil appeals checklist)(wcl, )
October 27, 2006
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OPINION AND ORDER, after an independent and de novo review of the record, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the defendants' objections 8053 are overruled; (2) Special Master Gonzalez' 8042 REPORT AND RECOMMENDATION is adopted; (3) the plfs' 7752 MOTION to recover funds is granted; (4) it is DECLARED that the appropriate interest rate to apply to the grievance and contempt settlements is 3.5%; therefore, the plfs are entitled to $74,552.95 in interest improperly deducted from the grievance settlement for an alleged overpayment of interest on the contempt settlement; the plfs are also entitled to $55,250.23 in interest under the grievance settlement; finally, the plfs are also entitled to interest from 4/28/2004, at the rate of 3.5% on the unpaid sum of $129,803.18 ($74,552.95 + $55,250.23); (5) the defs' 7932 MOTION for Summary Judgmentis denied as moot; the court adding comments, as further set out in order. Signed by Judge Myron H. Thompson on 10/27/06. (Attachments: # (1) civil appeals checklist)(djy, )
November 1, 2006
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ORDER directing as follows: (1) Special Master Carlos Gonzalez's REPORT AND RECOMMENDATIONS 8124 regarding compliance with Article XIV is approved; (2) defs' 7453 MOTION for Finding of Compliance with Article XIV of Consent Decree is granted as to 2(b) and 3 of Article XIV; (3) the court declares that defs are in compliance with 2(b) and 3 of Article XIV. Signed by Judge Myron H. Thompson on 11/1/06. (Attachments: # (1) civil appeals checklist)(djy, )
December 6, 2006
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OPINION AND ORDER directing as follows: (1) the defs' objections 8087 are overruled; (2) the plfs' objections 8140 are overruled; (3) Special Master Gonzalez's 8072 REPORT AND RECOMMENDATION is adopted and modified; (4) the defs' oral motion to modify is granted; (5) the defs' 7457 Motion for a finding of compliance is granted as to Article XIX 7, as further set out in order; (6) the defs' motion for a finding of compliance 7457 is granted in all other respects as to Article XIX, including 4, and it is declared that the defendants are fully in compliance with Article XIX subject to the additional implementation of 7 as indicated in the preceding paragraph. Signed by Judge Myron H. Thompson on 12/6/06. (Attachments: # (1) civil appeals checklist)(djy, )
January 8, 2007
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REPORT AND RECOMMENDATIONS of Special Master that the Intervenors' 8122 Fifth MOTION for Attorney Fees and Expenses be GRANTED and that the Intervenors receive an additional $9,204 in fees for work performed on the Article XIV compliance motion, the balance having previously been paid by the Dfts; Objections to R&R due by 1/23/2007. Signed by Special Master C.A. Gonzalez on 1/8/2007. (wcl, )
January 25, 2007
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ORDER directing as follows: (1) ADOPTING 8156 REPORT AND RECOMMENDATIONS of Special Master Gonzalez; (2) granting the intervenors' 8122 MOTION for Attorney Fees and Expenses to the extent set forth in that report and recommendation, that is to the extent that the intervenors are entitled to attorney's fees and expenses in the amount of $9,204. Signed by Judge Myron H. Thompson on 1/25/07. (Attachments: # (1) civil appeals checklist)(djy, )
March 26, 2007
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ORDER, JUDGMENT and DECREE of the court as follows: (1) plfs' objections 8142 are overruled; (2) ADOPTING 8139 REPORT AND RECOMMENDATIONS of the Special Master; (3) defs' 8066 motion for finding of compliance with Article III, 2 is granted, as further set out in order. Signed by Judge Myron H. Thompson on 3/26/07. (Attachments: # (1) civil appeals checklist)(djy, )
June 12, 2007
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REPORT AND RECOMMENDATIONS re 8194 Sixth MOTION for Attorney Fees and Expenses filed by William Adams, it is Recommended that the Intervenors' Sixth Motion for An Award of Fees and Expenses, Doc. no. 8194, be granted in part and denied in part; It is specifically recommended that the Intervenors receive $5,122.54 in fees for services provided between January 2007 through April 2007; The $390.00 in requested fees related to the Defendants' effort to recover contempt fines should be held in abeyance, and the $53.75 for time spent reviewing the Defendants' claim for fees related to the Rosalyn Cook-Deyampert issues should be denied; It is further Recommended that the Intervenors receive $353.92 in expenses; In all the Intervenors shold receive $5,476.46 in fees and expenses for January 2007 through April 2007; Objections to R&R due by 7/2/2007. Signed by C.A. Gonzalez, Special Master on 6/12/07. (vma, )
November 30, 2007
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REPORT AND RECOMMENDATIONS It is Ordered that the Motion for Reconsideration (Doc. no. 8241) be granted; It is further Recommended that the 8179 MOTION Defendants' Motion to Recover Contempt Fines filed by Department of Transportation, State of Alabama be granted in part and denied in part; and that the 8178 MOTION Defendants' Motion for Refund of Contempt Fines Related to Article 15 filed by Department of Transportation, State of Alabama be granted in part and denied in part as further set out in order; Objections to R&R due by 12/21/2007. Signed by C.A. Gonzalez, Special Master on 11/30/07. (vma, )
January 2, 2008
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ancial. (dmn)ORDER ADOPTING the Special Master's 8253 REPORT AND RECOMMENDATION to the extent that it calls for the contempt fines to be returned to this court. The defendants' 8178 motion and 8179 motion are granted to the extent that the defendants seek the return of the funds. (3) The court does not, at this time, resolve any of the parties' objections to the special master's recommendation, and the court will retain all funds pending resolution of the objections. The clerk of the court is DIRECTED to take appropriate action to secure the return of the $13,592,890.67 in contempt fines from the United States Treasury to the district court. Signed by Judge Myron H. Thompson on 1/2/2008. Copies furnished to AG, SC, DH, Fin
March 4, 2008
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OPINION AND ORDER directing as follows: (1) def Alabama Dept of Transportation's objections 8208 & 8231 are sustained; (2) the special master's reommendation 8216 is vacated; (3) the Adams intervenors' sixth motion for interim award of attorneys' fee and expenses 8194 is remanded to the special master for further proceedings consistent with this order. Signed by Judge Myron H. Thompson on 3/4/08. (Attachments: # (1) civil appeals checklist)(djy, )
April 10, 2008
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ORDER, JUDGMENT AND DECREE of the court as follows: (1) the plfs' objections 8262, the intervenors' objections 8260, and the defendants' objections 8261 are OVERRULED; (2) ADOPTING 8253 REPORT AND RECOMMENDATION of the Special Master; (3) the defendants' 8178 MOTION for Refund of Contempt Fines Related to Article 15 and 8179 MOTION to Recover Contempt Fines are granted in part; (4) the defendants are entitled to be refunded the sum of $838,500.00 of the Article XV contempt fines previously paid into the court, all parties have agreed to the refunds of this amount; (5) directing the clerk of court to arrange for the disbursement of $838,500.00 to the defendants; (6) the issue of the use of the remaining funds is referred back to the special master so that he may, as he has requested, engage in "a more careful consideration of the use of such funds." recommendation 8253, at 30. Signed by Judge Myron H. Thompson on 4/10/08. (Attachments: # (1) civil appeals checklist)(djy, )
May 23, 2008
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ORDER (1) ADOPTING Special Master's REPORT AND RECOMMENDATION; (2) the Adams intervenors' motion for interim award of attorneys' fees and expenses 8194 is granted to the extent of $2,654.70 and is denied in all other respects; (3) the Adams intervenors shall have and recover from defs the sum of $2,654.70 as attorneys' fees and expenses. Signed by Honorable Myron H. Thompson on 5/23/08. (Attachments: # (1) civil appeals checklist)(djy, )
October 27, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 10/27/08. (Attachments: # (1) appeals checklist)(vma, )
October 27, 2008
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ORDER it is the Order, Judgment, and Decree of the court that the 8255 Motion to Amend special master referral orders (doc. no. 8255) is denied without prejudice. Signed by Honorable Myron H. Thompson on 10/27/08. (Attachments: # (1) appeals checklist) (vma, )
November 10, 2008
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# (1) Civil Appeals Checklist)(cc, )OPINION AND ORDER that 7756 special master's recommendation is adopted in part and rejected in part; that 5277 defendants' motion to certify is granted to the extent that the hiring class will be decertified after the court has had input from the parties as to how decertification should be made; that on or before November 17, 2008, the parties are to file briefs on how the court should decertify the hiring class. Signed by Honorable Myron H. Thompson on 11/10/2008. (Attachments:
February 24, 2009
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OPINION AND ORDER, it is Ordered as follows: 1) The special master's recommendation (doc. no. 8310), as amended (doc. no. 8319), is adopted as to all remaining issues, albeit for slightly different reasons; 2) The defendants' motion for partial summary judgment (doc. no. 8273 is denied, albeit without prejudice, as to all remaining issues as further set out in order. Signed by Honorable Myron H. Thompson on 2/24/09. (Attachments: # (1) appeals checklist)(vma, )
May 1, 2009
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REPORT AND RECOMMENDATIONS it is recommended that the Defendants' 8372 MOTION for Partial Summary Judgment filed by Department of Transportation, State of Alabama, Department of Personnel, State of Alabama be granted in part and denied in part in conformity with this Report and Recommendation; Objections to R&R due by 5/27/2009. Signed by Honorable C.A. Gonzalez, Special Master on 5/1/09. (vma, )
June 18, 2009
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ORDER as follows: 1) The Adams intervenors' objections (doc. no. 8408 are overruled; 2) The plaintiffs' objections (doc. no. 8409 are overruled; 3) ADOPTING 8399 Report and Recommendations; 4) Granting in part and denying in part 8372 defendants' motion for partial summary judgment on intervenors' individual contempt claims as set forth in the recommendation (doc. no. 8399).. Signed by Honorable Myron H. Thompson on 6/18/09. (vma, )
July 2, 2009
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(VACATED PER ORDER OF 7/6/09) ORDER (1) ADOPTING Special Master's REPORT AND RECOMMENDATIONS 8406, to which no objections have been filed; (2) the defendants' 8385 MOTION for Summary Judgment is granted; (3) judgment is entered in favor of the defendants and against the plfs as to Nenea Torbert's individual contempt claim, with the plfs and Torbert taking nothing as to this claim. Signed by Honorable Myron H. Thompson on 7/2/09. (Attachments: # (1) Civil Appeals Checklist)(djy, ) Modified on 7/6/2009 (QC/djy, ).
July 6, 2009
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ORDER directing as follows: (1) the plfs' 8440 MOTION to vacate the court's order and judgment is granted; (2) the order entered on 7/2/09 8437 is VACATED; (3) the special master's 8406 recommendation is set for submission on 7/8/09, with any objections due by that date. Signed by Honorable Myron H. Thompson on 7/6/09. (djy, )
August 5, 2009
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REPORT AND RECOMMENDATIONS that the Intervenors' 8415 MOTION for partial Summary Judgment be granted, and that the defendants came into compliance with Article VI, 1 be conclusively established as May 27, 2003; If the Court adopts the May 27, 2003 date as the date of compliance, it is further RECOMMENDED that the Court direct that the Intervenors' 15 claims for individual contempt of Article XV, 1 be transferred to Judge Gordon for mediation at Judge Gordons convenience; Objections to R&R due by 8/26/2009. Signed by Special Master C.A. Gonzalez on 8/5/09. (djy, )
August 18, 2009
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OPINION. Signed by Honorable Myron H. Thompson on 8/18/09. (djy, )
August 18, 2009
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JUDGMENT, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the Adams intervenors' objections 8392 and 8434 are overruled; (2) the plfs' objections 8393 are overruled; (3) the special master's REPORT AND RECOMMENDATION 8378 is adopted; (4) the defs' motion to recover contempt fines 8179 is denied without prejudice; (5) the Adams intervenors' motion for entry of further orders regarding disposition of contempt fines 8361 is denied without prejudice; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 8/18/09. (Attachments: # (1) civil appeals checklist)(djy, )
August 31, 2009
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REPORT AND RECOMMENDATIONS of Special Master that defendants' 8432 motion for application of judicial estoppel to the individual contempt claim of Leroy Williams be GRANTED and that Mr. Williams not be permitted to pursue his individual contempt claim ; Objections to R&R due by 9/22/2009. Signed by Special Master C.A. Gonzalez on 8/31/09. (djy, )
November 24, 2009
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OPINION. Signed by Honorable Myron H. Thompson on 11/24/2009. (wcl, )
November 24, 2009
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JUDGMENT, it is the ORDER, JUDGMENT, and DECREE of the court: (1) The special master's 8495 Recommendation regarding Leroy Williams's individual contempt claims against dfts is adopted; (2) The dfts' 8432 Motion for Judicial Estoppel concerning Leroy Williams is granted; (3) Williams is estopped from seeking and, thus, cannot pursue his individual contempt claim against the dfts; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 11/24/2009. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 22, 2010
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OPINION. Signed by Honorable Myron H. Thompson on 2/22/10. (djy, )
February 22, 2010
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JUDGMENT, In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the plfs' objections 8446 are overruled; (2) the Special Master's 8406 REPORT AND RECOMMENDATION is adopted; (3) the defs' 8385 motion for summary judgment is granted on the individual-contempt claim of claimant Nenea Torbert regarding "suspension"; (4) judgment is entered in favor of the defs and against the plfs as to claimant Nenea Torbert's individual-contempt claim regarding "suspension," with plfs and claimant Torbert taking nothing as to this claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 2/22/10. (Attachments: # (1) civil appeals checklist)(djy, )
February 22, 2010
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OPINION. Signed by Honorable Myron H. Thompson on 2/22/10. (djy, )
February 22, 2010
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1) the plfs' 8555 objections are sustained; (2) the Adams Intervenors' 8553 objections are overruled without prejudice; (3) the defs' 8554 objections are overruled without prejudice; (4) the special master's 8546 recommendation regarding claimant Garcia Long's individual contempt claim against the defs is adopted in part; (5) the defs' 8403 motion for summary judgment is granted on the individual-contempt claim of claimant Garcia Long regarding "Senior Real Property Valuation Analyst classification"; (6) Judgment is entered in favor of the defs and against the plfs as to claimant Garcia Long's individual-contempt claim regarding "Senior Real Property Valuation Analystclassification," with the plfs and claimant Long taking nothing as to this claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 2/22/10. (Attachments: # (1) civil appeals checklist)(djy, )
April 21, 2010
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OPINION. Signed by Honorable Myron H. Thompson on 4/21/10. (djy, ) Modified on 4/21/2010 to reflect as signed on 4/20/10 (qc/djy, ).
April 21, 2010
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1) the special master's 8617 REPORT AND RECOMMENDATION regarding Jameria Moore's individual contempt claims against defs is adopted; (2) the defs' 8469 motion for summary judgment concerning Jameria Moore is granted; Judgment is entered in favor of the defs and against Jameria Moore, with Moore taking nothing on her individual contempt claims; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 4/20/10. (Attachments: # (1) civil appeals checklist)(djy, )
April 29, 2010
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OPINION AND ORDER directing as follows: (1) the plfs' 8544 objections are overruled; (2) the defs' 8542 objections are overruled; (3) the 8531 special master's recommendation is adopted; (4) the defs' 8410 motion for summary judgment is granted on claimant Jeff Pennington's individual-contempt claim regarding "job rotation"; (5) the defs' 8410 motion for summary judgment is denied on claimant Pennington's individual-contempt claim regarding "promotion"; (6) judgment is entered in favor of the defs and against the plfs as to claimant Pennington's individual-contempt claim regarding "job rotation"; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 4/29/10. (Attachments: # (1) civil appeals checklist)(djy, )
April 29, 2010
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OPINION AND ORDER directing as follows: (1) the plfs' 8578 objections are overruled; (2) the defs' 8565 objections are overruled; (3) the 8559 special master's recommendation is adopted; (4) the defs' 8457 motion for summary judgment is granted on claimant Elred Jones's individual-contempt claims regarding "training" and "instatement"; (5) the defs' 8457 motion for summary judgment is denied on claimant Jones's individual-contempt claim regarding "job-rotation"; (6) judgment is entered in favor of the defs and against the plfs as to claimant Jones's individual-contempt claim regarding "training" and "instatement"; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 4/29/10. (Attachments: # (1) civil appeals checklist)(djy, )
May 3, 2010
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REPORT AND RECOMMENDATION of the Special Master that the defendants' 8471 MOTION for Summary Judgment be GRANTED; Objections to R&R due by 5/28/2010. Signed by Special Master C. A. Gonzalez on 5/3/10. (djy, )
August 2, 2010
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REPORT AND RECOMMENDATION of Special Master that the intervenors' 8618 MOTION for Partial Summary Judgment be DENIED; the defendants' 8621 MOTION to Stay response to intervenors' 8618 MOTION for Partial Summary Judgment is DENIED as moot; Objections to R&R due by 8/27/2010. Signed by Special Master C.A. Gonzalez on 8/2/10. (djy, )
August 30, 2010
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REPORT AND RECOMMENDATIONS of Special Master that the defendants' 8655 MOTION for Summary Judgment Concerning Gary B. Smith be GRANTED IN PART and DENIED IN PART; Objections to R&R due by 9/27/2010. Signed by Special Master C.A. Gonzalez on 8/30/10. (djy, )
December 8, 2010
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REPORT AND RECOMMENDATIONS of Special Master that the re 8441 MOTION for Summary Judgment on Lawrence Kromtit's Individual Contempt Claim be GRANTED in part and DENIED in part in conformity with the report and recommendation; Objections to R&R due by 1/10/2011. Signed by Special Master C.A. Gonzalez on 12/8/10. (djy, )
January 3, 2011
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REPORT AND RECOMMENDATIONS of the Special Master that defendants' 8522 MOTION for Summary Judgment concerning Samuel Poole be DENIED and that Poole be permitted to proceed with his individual contempt claim to the extent he alleges that the defendants' contempt of the Consent Decree precluded his promotion to CEM prior to March 2003; Objections to R&R due by 1/26/2011. Signed by Special Master C.A. Gonzalez on 1/3/11. (djy, ) Modified on 1/3/2011 to reflect as the Special Master's report and recommendation (qc/djy, ).
January 19, 2011
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REPORT AND RECOMMENDATIONS of Special Master that defendants' 8488 MOTION for Summary Judgment concerning Glenn McCovey be GRANTED IN PART and DENIED IN PART, and that McCovey be permitted to proceed with his Individual Contempt Claim to the extent he alleges that the defendants' failure to provide him job rotation or training affected his promotion opportunities; Objections to R&R due by 2/8/2011. Signed by Special Master C.A. Gonzalez on 1/19/11. (djy, )
March 1, 2011
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REPORT AND RECOMMENDATIONS of Special Master that defendants' 8477 MOTION for Summary Judgment concerning Jeffrey Hollingsworth be GRANTED; Objections to R&R due by 3/25/2011. Signed by Special Master C.A. Gonzalez on 3/1/11. (djy, )
June 28, 2011
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/28/11. (djy, )REPORT AND RECOMMENDATIONS of Special Master that the defendants' 8429 MOTION for Summary Judgment on Nathan Gilmore's Individual Contempt Claims be GRANTED; Objections to R&R due by 7/31/2011. Signed by Special Master C.A. Gonzalez on 6
July 6, 2011
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OPINION. Signed by Honorable Judge Myron H. Thompson on 7/6/11. (djy, )
July 6, 2011
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court: (1) ADOPTING 8722 REPORT AND RECOMMENDATION of the special master regarding claimant Eddie Curry's individual-contempt claim against defendants; (2) the defendants' 8466 motion for summary judgment is granted; (3) judgment is entered in favor of the defendants and against claimant Curry, with claimant Curry taking nothing by his individual-contempt claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 7/6/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 2, 2011
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REPORT AND RECOMMENDATIONS of Special Master that the dfts' 8450 MOTION for Summary Judgment be GRANTED IN PART and DENIED IN PART; Objections to R&R due by 12/5/2011. Signed by Special Master C.A. Gonzalez on 11/2/2011. (wcl, )
November 21, 2011
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OPINION AND ORDER directing as follows: ORDER, JUDGMENT and DECREE of the court: (1) the plaintiffs' 8718 objections are overruled; (2) the Special Master's 8713 REPORT AND RECOMMENDATION is adopted; (3) the defendants' 8488 Motion for Summary Judgment is denied on claimant Glenn McCovey's individual-contempt claim regarding "job rotation and training"; (4) the defendants' 8488 motion for summary judgment is granted on all of claimant McCovey's other individual-contempt claims; (5) judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant McCovey's individual-contempt claims except his "job rotation or training" claim; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/21/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 22, 2011
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OPINION AND ORDER; ORDER, JUDGMENT and DECREE of the court as follows: (1) the plf's 8712 & defendants' 8709 objections are overruled; (2) the special master's 8708 REPORT AND RECOMMENDATION is adopted; (3) the defendants' 8441 Motion for Summary Judgment is denied on claimant Lawrence Kromtit's individual-contempt "out-of-classification" claim; (4) the defendants' 8441 motion for summary judgment is granted on all of claimant Kromtit's other individual-contempt claims; (5) judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant Kromtit's individual-contempt claims except his "out-of-classification" claim; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 28, 2011
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OPINION. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (djy, )
November 28, 2011
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the plaintiffs' 8731 Objections are overruled; (2) the special master's 8723 REPORT AND RECOMMENDATION is adopted; (3) the defendants' 8429 MOTION for Summary Judgment is granted on the individual-contempt claims of claimant Nathan Gilmore; (4) judgment is entered in favor of the defendants and against the plaintiffs as to claimant Gilmore's individual-contempt claims, with the plaintiffs and claimant Gilmore taking nothing as to claimant Gilmore's claims; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 28, 2011
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OPINION. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (djy, )
November 28, 2011
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the plaintiff's 8669 Objections are overruled; (2) the special master's Report and Recommendation is adopted; (3) the defendants' 8471 Motion for Summary Judgment is granted on the individual-contempt claims of claimant Eddie Gregory; (4) judgment is entered in favor of the defendants and against the plaintiffs as to claimant Gregory's individual-contempt claims, with the plaintiffs and claimant Gregory taking nothing as to claimant Gregory's claims; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 28, 2011
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OPINION AND ORDER, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the defendants 8714 and 8715 Objections are overruled; (2) the special master's 8710 Report and Recommendation is adopted; (3) the defendants' 8522 Motion for Summary Judgment is denied on claimant Samuel Poole's individual-contempt claims; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (Attachments: # (1) civil appeals checklist)(djy, )
November 28, 2011
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OPINION AND ORDER directing as follows: (1) the special master's 8688 Report and Recommendation is rejected without prejudice; (2) the plaintiff's and the defendants' 8694 and 8696 Objections are overruled without prejudice; (3) the defendants' 8655 motion for summary judgment with regard to claimant Gary B. Smith's individual-contempt claims is referred back to the special master for further proceedings in light of claimant Smith's retirement. Signed by Honorable Judge Myron H. Thompson on 11/28/11. (Attachments: # (1) civil appeals checklist)(djy, )
December 5, 2011
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OPINION. Signed by Honorable Judge Myron H. Thompson on 12/5/11. (djy, )
December 5, 2011
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JUDGMENT, in accordance with the 8747 memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the plf's 8721 Objections are overruled; (2) the special master's 8719 REPORT AND RECOMMENDATION is adopted; (3) the defendants' 8477 Motion for Summary Judgment is granted on the individual-contempt claims of claimant Jeffrey Hollingsworth; (4) judgment is entered in favor of the defendants and against the plaintiffs as to claimant Hollingsworth's individual-contempt claims, with the plaintiffs and claimant Hollingsworth's claims; directing the clerk to enter the document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 12/5/11. (Attachments: # (1) civil appeals checklist)(djy, )
December 5, 2011
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ORDER directing that on or before 12/22/2011, the special master shall file a report, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/5/11. (djy, )
February 13, 2012
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OPINION AND ORDER that plaintiffs' 8755 and defendants' 8744 objections are overruled; that the special master's 8734 recommendation is adopted; that defendants' 8450 motion for summary judgment is denied on claimant Kenneth Larkin's individual-contempt "out-of-classification" and "rotation" claims; that defendants' 8450 motion for summary judgment is granted on all of claimant Larkin's other individual-contempt claims; that judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant Larkin's individual-contempt claims except his "out-of-classification" and "rotation" claims; that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 2/13/2012. (Attachments: # (1) Civil Appeals Checklist)(cc, )
March 8, 2012
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REPORT AND RECOMMENDATIONS of Special Master that the defendants' 8655 MOTION for Summary Judgment on Gary B. Smith's individual contempt claim be GRANTED; to the extent consistent herewith, the special master readopts his prior R&R on Gary Smith's ICC, Docket No. 8688; Objections to R&R due by 3/30/2012. Signed by Special Master C.A. Gonzalez on 3/8/12. (djy, ) Modified on 3/8/2012 to correct typographical error in text (qc/djy, ).
March 19, 2012
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OPINION AND ORDER that defendants' 8521 objections are overruled; that the special master's 8465 recommendation is adopted; that the Adams intervenors' 8415 motion for partial summary judgment is granted as set forth in said recommendation; that the court agrees with the special master that it is time to end the relitigation and relitigation of the issue of whether Article XV compliance was achieved in December 1996 or in May 2003 or sometime in between; that this order does not mean that any particular claimant is entitled to relief; that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/19/2012. (Attachments: # (1) Civil Appeals Checklist)(cc, )
March 21, 2012
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ORDER, JUDGMENT and DECREE of the court as follows: (1) the Adam intervenors' 8686 Objections are overruled; (2) the Special Master's Report and Recommendation 8683 is adopted; (3) the Adams intervenors' 8618 Motion for Partial Summary Judgment is denied; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/21/12. (Attachments: # (1) civil appeals checklist)(djy, )
April 3, 2012
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OPINION. Signed by Honorable Judge Myron H. Thompson on 4/3/12. (djy, )
April 3, 2012
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JUDGMENT, in accordance with the Memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the Special Master's 8801 Report and Recommendation is adopted; (2) the defendants' 8655 Motion for Summary Judgment is granted on the individual-contempt claims of claimant Gary Smith; (3) judgment is entered in favor of the defendants and against the plaintiffs as to claimant Smith's individual-contempt claims, with the plaintiffs and claimant Smith taking nothing as to claimant Smith's claims; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 4/3/12. (Attachments: # (1) civil appeals checklist)(djy, )
May 1, 2012
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REPORT AND RECOMMENDATION of Special Master that (1) the proposed notice attached hereto as Exhibit A be approved; (2) that to the extent possible, all those who returned participation or Opt-out Forms receive personal notice, and that class members who returned neither form also receive personal notice to the extent their addresses can be reasonably ascertained; (3) that personal notice by First Class Mail be utilized, and; (4) that costs for confirming addresses, printing the notices and mailing the notices be paid from the contempt fines on account with the Court; if the court approves this R&R, then within 30 days thereafter, plaintiffs' counsel should submit for approval a budget and description of services from a third-party vendor who can provide the services required to ensure notice to class members of the decertification; Objections to R&R due by 5/25/2012. Signed by Special Master C.A. Gonzalez on 5/1/12. (Attachments: # (1) Exhibit A)(djy, )
June 15, 2012
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JUDGMENT that in accordance with 8861 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Jeff Pennington, Jr.'s 6492 individual contempt claims are dismissed with prejudice, with the parties to bear their own costs; that the clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 6/15/2012. (cc, )
June 15, 2012
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JUDGMENT that in accordance with 8862 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Samuel Poole's 6492 individual contempt claims are dismissed with prejudice, with the parties to bear their own costs; that the clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 6/15/2012. (cc, )
July 16, 2012
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JUDGMENT, in accordance with the 8870 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Lawrence Kromtits individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk of the court to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 7/16/12. (Attachments: # (1) civil appeals checklist)(djy, )
July 16, 2012
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JUDGMENT, in accordance with the 8871 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Glenn McCoveys individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; direcintg the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 7/16/12. (Attachments: # (1) civil appeals checklist)(djy, )
July 30, 2012
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ORDER that: (1) The special master's 8841 recommendation on procedures to effect the decertification of the hiring class is adopted; (2) The proposed notice, attached to 8841 recommendation as Exhibit A, is approved; (3) To the extent possible, all those who returned 'Participation' or 'Opt-out' forms are to receive personal notice, and class members who returned neither form are also to receive personal notice to the extent their addresses can be reasonably ascertained; (4) Personal notice by First Class Mail will be utilized; (5) The cost for confirming addresses, printing the notices, and mailing the notices will be paid from the contempt fines on account with the court. At the appropriate time, counsel for the parties are to get with the clerk of the court to arrange for disbursement of funds for the payment; (6) Within 35 days from the date of this order, the plaintiffs' counsel and the defendants' counsel are to submit to the special master for approval or disapproval by recommendation a joint budget and description of services from a third-party vendor who can provide the services required to ensure notice to class members of the decertification; (7) Within 56 days after the completion of the attempted notice of decertification, the plaintiffs' counsel and the defendants' counsel are to submit to the special master for approval or disapproval by recommendation a joint report setting forth their position or positions on the adequacy of the decertification notice. Signed by Honorable Judge Myron H. Thompson on 7/30/2012. (cc, )
July 30, 2012
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ORDER that the defendants' 8829 motion to certify for appeal and stay and alternative motion for reconsideration are denied, for reasons as set out in order. Signed by Honorable Judge Myron H. Thompson on 7/30/2012. (cc, )
July 30, 2012
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ORDER that 8751 and 8830 motions for refund and use of contempt fines are set for on-the-record oral argument on August 7, 2012, at 10:00 a.m.; that counsel for defendants are to arrange for the argument to be conducted by telephone. Signed by Honorable Judge Myron H. Thompson on 7/30/2012. (cc, )
August 3, 2012
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JUDGMENT, in accordance with the 8890 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Kenneth Larkins individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk of the court to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 8/3/12. (Attachments: # (1) civil appeals checklist)(djy, )
August 3, 2012
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JUDGMENT, in accordance with the 8889 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Eldred Leon Joness individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk of the court to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 8/3/12. (Attachments: # (1) civil appeals checklist)(djy, )
August 8, 2012
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ORDER, with regards to the re 8751 and 8830 MOTIONS re Refund and use of Contempt Fines, directing as follows: (1) the defendants are allowed until 8/15/2012 to submit a more concrete proposal for use of the contempt fines; (2) the parties are allowed a reasonable period of time to attempt to resolve the issues raised by the motions; the special master is to inform the court when the motions are ready to be addressed by the court, should the parties be unable to resolve them. Signed by Honorable Judge Myron H. Thompson on 8/8/12. (djy, )
September 14, 2012
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REPORT AND RECOMMENDATIONS of Special Master that the proposed budget submitted by the defendants and attached to Docket 8906 as Exhibit A be APPROVED; further recommending that the court AUTHORIZE the clerk to pay the $81,000.00 set forth in the proposed budget from the contempt fines collected in this case and on account in the court's registry; Objections to R&R due by 10/1/2012. Signed by Special Master C.A. Gonzalez on 9/14/12. (djy, )
October 29, 2012
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REPORT AND RECOMMENDATION of Special Master that defendant's 8353 MOTION for Summary Judgment be GRANTED; Objections to R&R due by 11/26/2012. Signed by Special Master C. A. Gonzalez on 10/29/12. (djy, )
May 30, 2013
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JUDGMENT, in accordance with the 8957 stipulation of dismissal, it is the ORDER, JUDGMENT and DECREE of the court that claimant Henry Deloney's individual-contempt claims are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 5/30/13. (Attachments: # (1) civil appeals checklist)(djy, )
May 30, 2013
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JUDGMENT, in accordance with the 8956 stipulation of dismissal, it is the ORDER, JUDGMENT and DECREE of the court that claimant George Bell's individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 5/30/13. (Attachments: # (1) civil appeals checklist)(djy, ).
May 30, 2013
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JUDGMENT, in accordance with the 8958 stipulation of dismissal, it is the ORDER, JUDGMENT and DECREE of the court that claimant Joyce Lee's individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 5/30/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 3, 2013
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ORDER, in accordance with the 8962 Stipulation of Dismissal, it is the ORDER, JUDGMENT and DECREE of the court that claimant Howard McGhee's 6492 individual-contempt claims are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 7/3/13. (Attachments: # (1) civil appeals checklist)(djy, )
August 9, 2013
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/9/13. (djy, )
August 9, 2013
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) claimant Jerry Pogue's 8939 Objections are overruled; (2) the special master's 8924 REPORT AND RECOMMENDATION regarding claimant Pogue's individual-contempt claim against defendants is ADOPTED; (3) the defendants' 8353 Motion for Summary Judgment is granted; (4) judgment is entered in favor of defendants and against claimant Pogue, with claimant Pogue taking nothing by his individual-contempt claim; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 8/9/13. (Attachments: # (1) civil appeals checklist)(djy, )
September 3, 2013
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REPORT AND RECOMMENDATION ON DFTS' 8963 MOTION FOR SUMMARY JUDGMENT ON CHRISTOPHER AZUBUIKE'S INDIVIDUAL CONTEMPT CLAIM; it is Recommended that the dfts 8963 Motion For Summary Judgment be GRANTED; Objections to R&R due by 10/1/2013. Signed by Special Master C.A. Gonzalez on 9/3/2013. (wcl, )
October 1, 2013
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REPORT AND RECOMMENDATIONS of Special Master that Cecil Parker's pro se 8943 MOTION for an accounting be DISMISSED on standing; Objections to R&R due by 10/21/2013. Signed by Special Master C.A. Gonzalez on 10/1/13. Mailed to Cecil Parker, as directed.(djy, )
October 4, 2013
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JUDGMENT re 8998 Stipulation of Dismissal: it is the ORDER, JUDGMENT, and DECREE of the court that claimant Hymon Daniels's individual-contempt claims (doc. no. 6492) are dismissed with prejudice, with the parties to bear their own costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 10/4/2013. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
November 21, 2013
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JUDGMENT, in accordance with the 9015 stipulation of dismissal, it is the ORDER, JUDGMENT and DECREE of the court that claimant Sandra Jower's individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 11/21/13. (Attachments: # (1) civil appeals checklist)(djy, )
December 2, 2013
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ORDER directing as follows: (1) Cecil Parker's 9008 Objections are overruled; (2) the Special Master's 9000 Report and Recommendation is adopted; (3) denying Parker's 8943 motion for accounting. Signed by Honorable Judge Myron H. Thompson on 12/2/13. (Attachments: # (1) civil appeals checklist)(djy, )
December 2, 2013
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OPINION. Signed by Honorable Judge Myron H. Thompson on 12/2/13. (djy, )
December 2, 2013
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) claimant Christopher Azubuike's 9001 Objections are overruled;; (2) the Special master's 8989 Report and Recommendation regarding claimant Azubuike's individual-contempt claim against defendants is adopted; (3) the defendants' 8963 Motion for Summary Judgment is granted; (4) Judgment is entered in favor of defendants and against claimant Azubuike, with claimant Azubuike taking nothing by his individual-contempt claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 12/2/13. (Attachments: # (1) civil appeals checklist)(djy, )
December 2, 2013
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REPORT AND RECOMMENDATION of Special Master that Defendants' 8985 MOTION for Summary Judgment on Gloria Fitzpatrick's Individual Contempt Claims be GRANTED. Objections to R&R due by 1/10/2014. Signed by Special Master C. A. Gonzalez on 12/2/2013. (dmn, )
January 21, 2014
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JUDGMENT, in accordance with the 9034 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Harlin McWillie's individual-contempt claims 6492 are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 1/21/14. (Attachments: # (1) civil appeals checklist)(djy, )
February 4, 2014
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REPORT AND RECOMMENDATIONS of Special Master that the defendants' 9011 MOTION for Summary Judgment on Willie Franklin's Individual Contempt Claim be GRANTED; Objections to R&R due by 2/28/2014. Signed by Special Master C.A. Gonzalez on 2/4/14. (djy, )
February 26, 2014
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REPORT AND RECOMMENDATION of Special Master re: Calvin Lamar's 8955 Pro SE MOTION for an interim award of expenses and costs be DENIED WITHOUT PREJUDICE with leave to refile; directing the clerk to send a copy of this report and recommendation by first class mail to Calvin Lamar at his last known address; Objections to R&R due by 3/24/2014. Signed by Special Master C.A. Gonzalez on 2/26/14. Mailed to Calvin Lamar, as directed.(djy, )
March 31, 2014
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ORDER directing as follows: (1) the special master's 9039 REPORT AND RECOMMENDATION, to which no objection has been filed, is adopted; (2) Calvin Lamar's 8955 pro se Motion for an interim award of expenses and costs is denied without prejudice. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (djy, )
March 31, 2014
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (djy, )
March 31, 2014
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JUDGMENT, In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the special master's 9036 REPORT AND RECOMMENDATION regarding claimant Willie Franklin's individual-contempt claim against defendants is adopted; (2) the defendants' 9011 Motion for Summary Judgment is granted; (3) judgment is entered in favor of defendants and against claimant Willie Franklin, with claimant Franklin taking nothing by his individual-contempt claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (Attachments: # (1) civil appeals checklist)(djy, )
July 16, 2014
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MEMORANDUM OPINION AND ORDER DENYING the defendants' 8791 request that the district court take further action on the 1927 sanctions issue, as further set out in order. Signed by Chief Judge William Keith Watkins on 7/16/14. (Attachments: # (1) civil appeals checklist)(djy, ).
August 18, 2014
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OPINION. Signed by Honorable Judge Myron H. Thompson on 8/18/14. (djy, )
August 18, 2014
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) claimant Gloria Fitzpatricks' 9033 objections are overruled; (2) the special master's 9021 REPORT AND RECOMMENDATION regarding claimant Fitzpatricks' individual-contempt claim against defendants is ADOPTED; (3) the defendants' 8985 Motion for Summary Judgment is GRANTED; (4) judgment is entered in favor of defendants and against claimant Fitzpatrick, with claimant Fitzpatrick taking nothing by her individual-contempt claim; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 8/18/14. (Attachments: # (1) civil appeals checklist)(djy, )
November 20, 2014
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ORDER directing as follows: (1) the plaintiffs' 8914 objections are overruled; (2) the Special Master's 8909 REPORT AND RECOMMENDATION on notice to be provided regarding decertification of the hiring class is adopted, as updated by the March 2014 CAA proposal; (3) the clerk is authorized to pay from the contempt-fines fund in the registry of the court the needed funds for the notice. Signed by Honorable Judge Myron H. Thompson on 11/20/14. (Attachments: # (1) civil appeals checklist). Furnished to clerk & finance.(djy, )
November 20, 2014
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ORDER directing as follows: (1) the defendants; 8973 Motion for Order on the pending motion for refund of contempt fines is granted; (2) the defendants' 8751 Motion for Refund of Contempt Fines and the intervenors' 8830 Cross-Motion for Order Confirming That Fine Funds shall Be Used For Compensating Victims of Defendants' Contempt are denied without prejudice subject to being refiled. Signed by Honorable Judge Myron H. Thompson on 11/20/14. (djy, )
November 23, 2015
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JUDGMENT directing that the individual contempt claims (1921, 1922, 1923, 1924, 1925, 1926, 1927, 1928, 1929, and 1930) of Marvin Adams, Sandy Bell, Willie Coon, Christopher Delaine, Bruce Hicks, Ray Jones, Roy McClain, Lee Ross, Barry Walker, and Milton Williams are dismissed with prejudice, as further set out in judgment. Signed by Honorable Judge Myron H. Thompson on 11/23/15. (djy, )
September 19, 2016
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urther set out; Objections to R&R due by 10/4/2016. Signed by Special Master C.A. Gonzalez on 9/19/16. (djy, ) Modified on 6/7/2017 (djy, ).(WITHDRAWN as moot pursuant to 9213 JUDGMENT) REPORT AND RECOMMENDATIONS of Special Master that the intervenors' 9086 Second MOTION for Partial Summary Judgment be GRANTED in part, DENIED in part, and DENIED in part without prejudice, as f
March 15, 2017
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MEMORANDUM OPINION AND ORDER GRANTING the joint 9191 MOTION For Preliminary Approval of Settlement Agreement as follows: (1) The proposed settlement agreement (9191-2) is preliminarily approved; final approval will be subject to a hearing and review by this court of any objections to or comments about the agreement's terms submitted by class members; (2) An injunctive-relief settlement class, defined as "the remaining 213 non-black members of the Intervenor Contempt Relief Settlement Class, that is, those individual intervenors with remaining Article 15 claims identified in doc. no. 9087-4," is provisionally certified under Federal Rule of Civil Procedure 23(a) and (b)(2); (3) Hon. Raymond P. Fitzpatrick is appointed as class counsel to represent the settlement class until FRCP 23(g); (4) The parties have retained and consulted with Class Action Administrators, an experienced class action notice company, regarding the most reasonable and appropriate means to provide notice to the Rule 23(b)(2) intervenor settlement class, as further set out in order; (a) The court approves the use of the Notice of Proposed Settlement and Right to Object, as modified by the court, which notice is attached as Exhibit B to this memorandum opinion and order, as further set out; (b) Copies of the proposed settlement agreement are to be made available to members of the Intervenor Contempt Relief Settlement Class on a website described in the Notice of Proposed Settlement and Right to Object; (c) A copy of the proposed settlement agreement is to be provided promptly upon request to any member of the Intervenor Contempt Relief Settlement Class; (d) By no later than April 28, 2017, Mr. Fitzpatrick will provide to the court any objections or comments received in response to the notice. The clerk of the court, or her delegate, is to docket the objections or comments Mr. Fitzpatrick submits. The clerk of the court is to retain the original copes of all comments; (e) By May 8, 2017, the parties shall jointly submit a brief summarizing and responding to the objections that have been filed with the court ; (f) a Fairness Hearing is set for 5/12/2017 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Courtroom 2 FMJ of the FMJ US Courthouse Complex, Montgomery, AL, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/15/17. (Attachments: # (1) Exhibit A, # (2) Exhibit B). Furnished to calendar group & AG.(djy, )
June 7, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 6/7/17. (djy, )
June 7, 2017
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JUDGMENT, In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) all objections to the proposed settlement agreement are overruled; (2) the 9208 Joint MOTION for entry of final approval order, final certification of settlement class, and approval of plan of allocation is GRANTED; (3) the court approves the settlement embodied in the 9191-2 settlement agreement, as further set out in order; (4) pursuant to FRCP 23(a) and (b)(2), a mandatory injunctive-relief settlement class, defined as further set out in order, is finallycertified; (5) Honorable Raymond Fitzpatrick, Jr. has been appointed and served as class counsel to represent the ICR Settlement Class under Federal Rule of Civil Procedure 23(g). Within 30 days of the entry of this judgment, the clerk of the court shall release $ 150,000.00 from the court registry fine fund to Attorney Fitzpatrick, as complete and just compensation to him for attorneys fees and expenses for the ICR Settlement Class; (6) the parties have retained and consulted with Class Action Administration and secured its services to facilitate the payment of the funds under the settlement agreement to the 213 members of the ICR Settlement Class. Within 90 days of the entry of this judgment, the clerk of the court shall release $ 213,000.00 from the court registry fine fund to Class Action Administration for immediate payment to the members of the ICR Settlement Class; (7) upon the expiration of 100 days from this date, the court will enter a partial final judgment pursuant to Federal Rule of Civil Procedure 54(b) as to all claims of the intervenors in this action, as further set out in order; (8) the 9179 REPORT AND RECOMMENDATION of the Special Master on the intervenors' second motion for partial summary judgment is withdrawn as moot; (9) the intervenors' 9086 Second MOTION for Partial Summary Judgment on the intervenors' remedial-contempt claims relating to Article 15 reclassification issues is denied as moot. Signed by Honorable Judge Myron H. Thompson on 6/7/17. (Attachments: # (1) civil appeals checklist)(djy, )
April 18, 2018
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JUDGMENT, in accordance with the stipulations of dismissal (9252, 9253, 9254,9255, 9256, 9257 9258, & 9259), it is the ORDER, JUDGMENT, and DECREE of the court that the individual-contempt claims (doc no. 6492) of the following claimants: Jeffrey Brown, Craig Jackson, Fletcher Degraffenried, Chester Jennings, Herman Moore, Timothy Carey, Charles Norwood, and Reginald C. Knox are dismissed with prejudice, with the parties to bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 4/18/18. (djy, )
April 30, 2018
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JUDGMENT, in accordance with the 9261 stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that claimant Adam Thrash's 6492 individual-contempt claim is dismissed with prejudice, with the parties to bear their own costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 4/30/18. (djy, ) Modified on 5/1/2018 to add text from judgment ("DIRECTING clerk to enter...") previously missed by docket clerk (wcl, ).