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14-350 - Burns v. City of Alexander City, et al. (JOINT ASSIGN)(MAG2)


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14-350 - Burns v. City of Alexander City, et al. (JOINT ASSIGN)(MAG2)
May 30, 2014
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ORDER denying 8 Ex Parte Rule 26(d)(1) Motion, as further set out. Signed by Honorable Judge Mark E. Fuller on 5/30/14. (scn, )
June 5, 2015
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MEMORANDUM OPINION AND ORDER: (1) Plaintiffs' 65 motion for discovery is TERMED AS MOOT; (2) The motions to strike filed by the Huddle House Defendants (Doc. 60) and the Alexander City Defendants (Doc. 63) are GRANTED; (3) The 49 motion to dismiss filed by the Huddle House Defendants is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in that (a) Plaintiff G.C. lacks standing to bring the claims asserted in the Second Amended Complaint and all claims brought by G.C. are DISMISSED WITH PREJUDICE, and (b) all state law claims are DISMISSED WITH PREJUDICE with the exception that Plaintiff Kolea Burns, as the personal representative of the Estate of Emerson Crayton, Jr., deceased, maintains a state law claim for wrongful death against the Huddle House Defendants. The motion to dismiss is otherwise DENIED; (4) The 52 motion to dismiss filed by the Alexander City Defendants is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in that (a) Plaintiff G.C. lacks standing to bring the claims asserted in the Second Amended Complaint and all claims brought by G.C. are DISMISSED WITH PREJUDICE, (b) all state law claims are DISMISSED WITH PREJUDICE with the exception that Plaintiff Kolea Burns, as the personal representative of the Estate of Emerson Crayton, Jr., deceased, maintains a state law claim for wrongful death against the Alexander City Defendants, (c) the Fourteenth Amendment claims are DISMISSED WITH PREJUDICE, and (d) the official capacity claims against Defendant Maness are DISMISSED WITH PREJUDICE as redundant of the claims asserted against the City of Alexander City. The balance of the motion is DENIED; (5) Plaintiff Kolea Burns, as the personal administrator of the Estate of Emerson Crayton, Jr., deceased, is the sole named plaintiff in this lawsuit; and, (6) The parties shall proceed to discovery on Plaintiff Burns's remaining claims consistent with the Scheduling Order. (Doc. 76). Signed by Honorable Judge Paul W. Greene on 6/5/2015. (kh, ) Modified on 6/5/2015 to correct the docket title (kh, ).
October 26, 2015
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[VACATED PURSUANT TO COURT 102 ORDER.] JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plf Burns's 88 motion to dismiss is granted; (2) Dfts D&L Foods, Inc., Daniel Yates, Lynn Patterson, LeGina Watson, and Huddle House, Inc. are dismissed with prejudice and terminated as parties, with all parties to bear their own costs; All claims against all other dfts remain; The court assumes that the dfts have no objection to the allowance of the dismissal; however, if there is any objection, it must be filed within seven days from the date of this order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 10/26/2015. (Attachments: # (1) Civil Appeals Checklist) (wcl, ) Modified on 6/2/2016 (dmn, ).
June 2, 2016
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OPINION AND ORDER: It is ORDERED, ADJUDGED, and DECREED as follows: (1) The 89 Judgment dismissing the Huddle House defendants is vacated. The Huddle House defendants--D&L Foods, Inc., Daniel Yates, Lynn Patterson, LeGina Watson, and Huddle House, Inc.--are reinstated. (2) The 95 Motion to approve the settlement agreement is granted as further set out in the opinion and order. (3) The Settlement Agreement and Release of All Claims with Alexander City defendants (doc. no. 95-1) is approved. (4) The Pro Tanto Release and Settlement with the Huddle House defendants (doc. no. 101) is approved. (5) The guardian ad litem, Honorable Linda Benson, is entitled to a fee of $4,000.00 to $5,000.00. The guardian ad litem fee is to be paid out of the plaintiffs' counsel fee recovery. Signed by Honorable Judge Myron H. Thompson on 6/2/2016. (dmn, )
June 2, 2016
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JUDGMENT: In accordance with the 101 "Pro Tanto Release and Settlement" with the Huddle House defendants, which the court construes as a Motion to Dismiss, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The 101 Motion to dismiss is granted. (2) Defendants D&L Foods, Inc., Daniel Yates, LynnPatterson, LeGina Watson, and Huddle House, Inc. are dismissed with prejudice and terminated as parties. No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgmentpursuant to FRCP 58. Signed by Honorable Judge Myron H. Thompson on 6/2/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
June 2, 2016
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JUDGMENT: In accordance with the Settlement Agreement and Release of All Claims with Alexander City defendants (doc. no. 95-1), which the court construes as a motion to dismiss, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The motion to dismiss (doc. no. 95-1) is granted. (2) Defendants City of Alexander City and Tommy Maness are dismissed with prejudice and terminated as parties. No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgmentpursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/2/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )