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13-742 - Watts v. Combs (JOINT ASSIGN)(MAG2)


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13-742 - Watts v. Combs (JOINT ASSIGN)(MAG2)
August 26, 2015
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ORDER AND REPORT AND RECOMMENDATION: it is the RECOMMENDATION of the Magistrate Judge that (1) the motion for summary judgment filed by Defendant Thomas Mangham (Doc. 22) be GRANTED as it is unopposed and judgment should be entered as to all Plaintiff's claims against Defendant Mangham; and (2) the motion for summary judgment filed by Defendants the City of Opelika and Joshua Combs (Doc. 24) be GRANTED IN PART and DENIED IN PART. Summary judgment is appropriate as to Plaintiffs claims against the City of Opelika. Plaintiff's § 1983 Fourth Amendment excessive force claim and his state law claims for assault and battery against Joshua Combs should proceed to trial. Summary disposition is proper as to all other claims against Joshua Combs. It is ORDERED that the motion to strike (Doc. 31) filed by Defendants the City of Opelika and Joshua Combs is DENIED. Objections to R&R due by 9/9/2015Signed by Honorable Judge Paul W. Greene on 8/26/2015. (kh, )
November 23, 2015
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that all claims against defendants City of Opelika and Thomas Mangham are dismissed with prejudice and that they are terminated as parties. It is further ORDERED that defendant Mangham's motion for summary judgment (doc. no. 22) is denied as moot and that defendants City of Opelika and Joshua Combs's motion for summary judgment (doc. no. 24) is denied as moot with respect only to defendant City of Opelika. It is further ORDERED that the magistrate judges report and recommendation (doc. no. 43) is moot as to all claims against defendants City of Opelika and Mangham. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Fed. R. Civ. P. 58.This case is not closed. Signed by Honorable Judge Myron H. Thompson on 11/23/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )
November 23, 2015
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ORDERED as follows: (1) All claims against defendant Joshua Combs are dismissed except for plaintiff Calvin Watts's § 1983 Fourth Amendment excessive-force claim (Count I) and his state-law assault-and-battery claim (Count X), which remain pending. (2) Plaintiff Combs's motion for summary judgment (doc. no. 24) is denied as moot with respect to the dismissed claims and remains pending with respect to the excessive-force and assault-and-battery claims. (3) The magistrate judge's report and recommendation (doc. no. 43) and plaintiff Combs's objections (doc. no. 44) are moot as to the dismissed claims and remain pending with respect to the excessive-force and assault-and-battery claims. Signed by Honorable Judge Myron H. Thompson on 11/23/2015. (kh, )
November 23, 2015
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ORDERED as follows: (1) Defendant Joshua Combs is to file, by noon on December 1, 2015, a brief addressing whether the purported release-dismissal waiver at issue in this case violates the public-interest, as further set out in order; Plaintiff Calvin Watts is to file a response by noon on December 4, 2015. Signed by Honorable Judge Myron H. Thompson on 11/23/2015. (kh, )
November 24, 2015
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PRETRIAL ORDER: Jury Selection and Jury Trial, which is to last two days, are set for 1/4/2016 10:00 AM in Opelika, Alabama before Honorable Judge Myron H. Thompson, as further set out in order; Trial Brief due by 12/21/2015; All deadlines not otherwise affected by this order will remain as set forth in the uniform scheduling order (doc. no. 16) entered by the court on December 20, 2013 (as modified by subsequent orders), as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/24/2015. (furn: AG, Calendar)(kh, )
December 2, 2015
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs and with leave to the parties, within 49 days, as further set out in order; ORDERED that all outstanding motions are denied as moot and the recommendation of the magistrate judge is moot with regard to defendant Joshua Combs; The clerk of the court 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. This case is closed. Signed by Honorable Judge Myron H. Thompson on 12/2/2015. (Attachments: # (1) Civil Appeals Checklist)(furn: AG, Calendar)(Term: Jury Selection & Jury Trial 1/04/2016) (kh, )
January 15, 2016
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JUDGMENT: re 58 joint stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs. The clerk of the court 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. This case remains closed. Signed by Honorable Judge Myron H. Thompson on 1/15/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )