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10-895 - Weekes-Walker et al v. Macon County Greyhound Park, Inc.


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10-895 - Weekes-Walker et al v. Macon County Greyhound Park, Inc.
July 13, 2011
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MEMORANDUM OPINION AND ORDER DENYING 17 MOTION to Dismiss, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 7/13/11q. (Attachments: # (1) civil appeals checklist)(djy, )
July 13, 2011
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MEMORANDUM OPINION AND ORDER GRANTING 19 motion to compel arbitration of the claims asserted by plfs Sides and Cobb; Sides and Cobb are bound by their contractual agreement to arbitrate any employment dispute with Victoryland, and their claims in this lawsuit fall within the scope of that agreement; The claims of Sides and Cobb, as set forth in the Complaint, must be submitted to arbitration in Birmingham in accordance with the procedures of the American Arbitration Association. Signed by Honorable Judge Mark E. Fuller on 7/13/11. (Attachments: # (1) civil appeals checklist)(djy, )
March 15, 2012
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-class", as further set out in order; (5) the sub-classes are certified with respect to the following cause of action: Any claims for damages under the WARN Act, 29 USC 2101 et seq., against Def Macon County Greyhound Park, Inc. (aka VictoryLandMEMORANDUM OPINION AND CERTIFICATION ORDER: (1) plaintiffs' 55 MOTION for class certification is GRANTED; (2) the named plaintiffs Mona Thomas and Ritchie L. Stalnaker are designated as class representatives of the following Rule 23(b)() sub-class, hereinafter referred to as the "January 5, 2010 Sub-class", as further set out in order; (3) the named plaintiff Judy Weekes-Walker is designated as class representative of the following Rule 23(b)(3) sub-class, hereinafter referred to as the "February 4, 2010 Sub-class", as further set out in order; (4) the named plaintiff Keyla Exford is designated as class representative of the following Rule 23(b)(3) sub-class, hereinafter referred to as the "August 9, 2010 Sub); (6) Attorneys Charles A. Hardin, David A. Hughes, David L. Selby, II, Philip Dale Segrest, Sr., and Robert Simms Thompson are designated as class counsel. Signed by Honorable Judge Mark E. Fuller on 3/15/12. (Attachments: # (1) civil appeals checklist)(djy, )
June 11, 2012
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ORDER granting 90 Motion to Quash, as further set out in order. Signed by Honorable Judge Charles S. Coody on 6/11/12. (djy, )
July 6, 2012
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MEMORANDUM OPINION AND ORDER directing: (1) plaintiffs' 44 MOTION for Partial Summary Judgment as to WARN Act liability and as to MCGP's "unforeseeable business circumstances" defense is GRANTED; (2) defendant MCGP's 73 MOTION for Summary Judgment is DENIED; (3) plaintiffs' 43 MOTIONS to Strike are DENIED; (4) the pretrial hearing and trial in this case, scheduled for 7/24/2012, and 8/20/2012, respectively, are CANCELLED; and (5) the case, subject to the above observations on interlocutory appeals, will proceed on WARN Act damages, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 7/6/12. (Attachments: # (1) civil appeals checklist)(djy, )
September 19, 2012
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ORDER denying 115 Motion to appoint a Special Master with leave to refile. Signed by Honorable Judge Mark E. Fuller on 9/19/12. (djy, )
September 19, 2012
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ORDER GRANTING 119 MOTION to Stay and this cause of action is STAYED pending resolution of the present appeal before the Eleventh Circuit. Signed by Honorable Judge Mark E. Fuller on 9/19/12. (djy, )
October 25, 2013
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ORDER directing that the parties submit a joint status report on or before 11/8/2013 on the following issues: (1) whether the parties dispute that the expected length of time of the January layoffs was six months or less, or more than six months; (2) if the parties dispute the expected length of time of the January layoffs, what discovery will the parties need to conduct to address the issue in a hearing before the Court, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 10/25/13. (djy, )
April 3, 2014
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ORDER directing that the Court's 66 Memorandum Opinion and Order is MODIFIED to merge the January 5, 2010 Sub-class into the February 4, 2010 Sub-class, resulting in the following classes, as further set out in order; (1) the named plfs Mona Thomas, Ritchie L. Stalnaker, and Judge Weeks-Walker are designated as class representative of the following Rule 23(b)(3) sub-class,hereinafter referred to as the "February 4, 2010 Sub-class", as further set out in order; (2) The named Plaintiff Keyla Exford is designated as class representative of the following Rule 23(b)(3) sub-class, hereinafter referred to as the "August 9, 2010 Sub-class", as further set out in order; (3) the sub-classes are certified with respect to the following cause of action: Any claims for damages under the WARN Act, 29 U.S.C. ยง 2101 et seq. against Defendant Macon County Greyhound Park,Inc. (a.k.a. VictoryLand); (4) Attorneys Charles A. Hardin, David A. Hughes, David L. Selby, II, Philip Dale Segrest, Sr., Robert Simms Thompson, James B. Perrine, and John Michael Segrest are designated as class counsel.. Signed by Honorable Judge Mark E. Fuller on 4/3/14. (Attachments: # (1) civil appeals checklist)(djy, )
April 3, 2014
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ORDER SETTING A HEARING ON DAMAGES as follows: (1) a Hearing is set for 5/28/2014 @ 10:00 AM before Honorable Judge Mark E. Fuller, in Courtroom 2A, US Courthouse, Montgomery, AL, as further set out in order; (2) Plaintiffs shall file a brief and any evidentiary materials on the issue ofstatutory damages on or before May 7, 2014; (3) Defendant shall file a brief and any evidentiary materials on the issue ofstatutory damages on or before May 21, 2014; (4) Plaintiffs are further ordered to file a separate motion for attorneys fees withsupporting evidentiary materials on or before May 7, 2014; (5) Defendant may file a brief and any evidentiary materials in opposition toPlaintiffs; motion for attorneys' fees on or before May 21, 2014. Signed by Honorable Judge Mark E. Fuller on 4/3/14. Furnished to calendar group & WR.
July 16, 2014
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MEMORANDUM OPINION AND ORDER directing as follows: (1) Plaintiffs shall submit on or before July 24, 2014, a revised spreadsheet of class members' back pay awards that applies a 0.29% prejudgment interest rate to the February 2010 class members' back pay and a 0.25% prejudgment interest rate to the August 2010 class members' back pay; The prejudgment interest award shall be calculated up to and including the date of this Order, as further set out in order; (2) On or before July 24, 2014, Plaintiffs shall file a written notice with the Court designating which law firm shall receive the class members' back pay awards into its trust fund account for distribution to the class members; (3) plaintiffs' 132 renewed motion to appoint a Special Master and the parties' 139 joint motion for extension of time to file joint evidentiary submission are DENIED as moot. Signed by Honorable Judge Mark E. Fuller on 7/16/14. (Attachments: # (1) civil appeals checklist)(djy, )
September 2, 2015
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REPORT AND RECOMMENDATION of the Magistrate Judge as follows: (a) that Def's 177 MOTION to Quash, or in the alternative, to stay writ of garnishment be DENIED; (b) that plfs' 183 Amended MOTION to Join Patricia McGregor as Party Defendant be STAYED pending the state court's adjudication of Mrs. McGregor's declaratory judgment action and plfs' motion to dismiss same; and (c) that def's 186 MOTION to Stay to Join Patricia McGregor as Party Defendant and Motion for Writ of Execution on Fraudulently Conveyed Assets be GRANTED; and (d) plfs' 189 Verified Application for writ of execution be STAYED pending the state court's adjudication of Mrs. McGregor's declaratory judgment action and plfs' motion to dismiss same; Objections to R&R due by 9/15/2015. Signed by Honorable Judge Wallace Capel, Jr on 9/2/15. (djy, )
September 30, 2015
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MEMORANDUM OPINION AND ORDER ADOPTING 241 REPORT AND RECOMMENDATION of the Magistrate Judge; further ORDERING (1) plfs' 174-1 Motion to Join Patricia McGregor is DENIED; (2) plfs' 183 AMENDED MOTION to Join Patricia McGregor as Party Defendant is DENIED; (3) def's 186 MOTION to Stay Motion to Join Patricia McGregor is DENIED as moot; (4) def's 177 motion to quash or, in the alternative, to stay writ of Garnishment is DENIED as to the motion to quash, and GRANTED as to the motion to stay, pending further order of this court; (5) plfs' 174-2 verified application for writ of execution is STAYED pending further order of this court; (6) [253 Objections to the 241 recommendation of the Magistrate Judge not addressed herein are OVERRULED. Signed by Chief Judge William Keith Watkins on 9/30/15. (Attachments: # (1) civil appeals checklist)(djy, )
March 7, 2017
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MEMORANDUM OPINION AND ORDERDENYING 257 MOTION for Reconsideration, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/7/17. (djy, ) (Additional attachment(s) added on 6/8/2017 to add substituted page 13: # (1) Substituted page 13 pursuant to 273 order) (qc/djy, ).