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08-155 - Adams et al v. Austal, U.S.A., L.L.C.


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08-155 - Adams et al v. Austal, U.S.A., L.L.C.
October 7, 2009
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ORDER granting in part and denying in part 72 Motion for Attorney Fees stating that plaintiffs' counsel shall pay to defendant on or before October 30, 2009, the sum of $892.94. Signed by Magistrate Judge Katherine P. Nelson on 10/7/09. Copies to parties on 10/8/09. (mpp)
November 24, 2009
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ORDER denying 106 Motion to Stay; denying as moot 101 Motion to Compel; Denial of the Motion to Compel is made without prejudice to defendants right to bring a new motion seeking to compel more complete responses, should such relief prove necessary. Signed by Magistrate Judge Katherine P. Nelson on 11/24/09. (srr)
December 16, 2009
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ORDER entered re 113 Motion to Quash. It is hereby ORDERED that defendant's Motion to Quash be STRICKEN. Signed by Magistrate Judge Katherine P. Nelson on 12/16/09. (mca)
June 16, 2010
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ORDER entered granting in part and denying in part 133 Motion for Award of Fees; and that deft's counsel shall pay to the pltfs, no later than 6/21/2010 the sum of $5,375.00. It is further ORDERED that plaintiffs Motion for Extension of Time is GRANTED and that the deadline for plaintiff to serve defendant with the report of its expert, and to identify said expert, is extended to August 16, 2010. Finally, defendants Motion for Extension of Time is GRANTED and that the deadlines for the filing of dispositive motions and a motion for class certification are extended to September 30, 2010. Signed by Magistrate Judge Katherine P. Nelson on 6/16/2010. (mca)
March 25, 2011
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ORDER on 347 Motion to Strike Certain Evidentiary Submissions filed by Plaintiffs in opposition to Austal's motions for summary judgment. It is ORDERED that a portion of Austal's Rule 56(c)(2) Objections (Doc. 347) are SUSTAINED in part and OVERRULED in part as follows: SUSTAINED as to Docs. 283-53 and 283-54 (Deposition Summaries); and OVERRULED as to Docs. 283-3, 283-4, 283-5, 283-14, 283-15, 283-16, 283-24, 283-49, 283-50 and 283-51 (Certain Photographs) and Docs. 283-6, 283-7, 283-8 and 283-32 (Handwritten Statements). Signed by Judge Kristi K. DuBose on 3/25/2011. copies to parties. (sdb)
April 7, 2011
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Order re: April 14, 2011 evidentiary hearing on the Defendants Motion to Exclude the reports and purported testimony of Edwin L. Bradley, Ph.D. (Doc. 345) and Plaintiffs Response (Doc. 354). Pursuant to Daubert v. Merrell Dow Pharm. Inc., 509 U.S. 579 (1993), the parties are instructed to be prepared to present to the Court, at this April 14, 2011 evidentiary hearing, any witnesses and evidence they deem necessary regarding the motion. Signed by Judge Kristi K. DuBose on 4/7/2011. (cmj)
April 25, 2011
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ORDER granting in part and denying in part 162 Motion for Summary Judgment. Austals motion for summary judgment is hereby DENIED as to Adams hostile work environment claim; GRANTED as to Adams disparate pay claim; DENIED as to Adams disparate promotion claim; GRANTED as to Adams retaliation claim; and DENIED as to Adams' punitive damages request as that issue will be CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 4/25/2011. (cmj)
April 29, 2011
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Roberson and Sidney Hedgeman, against Defendant Austal USA, LLC, are hereby DISMISSED with prejudice. Nothing herein shall be construed as dismissing any of the Plaintiffs remaining claims against Defendant Austal, USA, LLC. Signed by Judge Kristi K. DuBose on 4/29/2011. (mca) ORDER entered that this matter is before the Court on the parties Rule 41(a)(1) joint stipulation (Doc. 365) requesting the dismissal of the 21 Plaintiffs disparate impact claims, Plaintiffs withdrawal of Dr. Bradleys expert reports, and Austals withdrawal of its motion to exclude (Doc. 345). Pursuant to the parties Rule 41(a)(1) joint stipulation, it is ORDERED that the May 2, 2011 Daubert hearing is CANCELLED and Austals Motion to Exclude (Doc. 345) is MOOT. Additionally, the parties joint stipulation, requesting dismissal of the 21 Plaintiffs disparate impact claims against Austal, is GRANTED. Accordingly, it is ORDERED that the disparate impact claims alleged by Plaintiffs Beverly Thomas, Carlos Johnson, Myron Barnes, Nelson Bumpers, Carolyn Slay, Gloria Sullivan, Alvin Cunningham, Frederick Carter, Franklin Thomas, Frederick Williams, Jerome Pettibone, Tesha Hollis, Jeremel Matthews, Larry Laffiette, Jr., Nathaniel Reed, George Wells, Rahman Pratt, Robert Adams, Ron Law, Jermaine
May 24, 2011
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ORDER granting in part and denying in part 277 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Hedgeman's hostile work environment claims; GRANTED in part and DENIED in part as to Hedgeman's disparate promotion claims; GRANTED as to Hedgeman's retaliation claims; GRANTED as to Hedgeman's denial of training claims. Hedgeman's punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 5/24/2011. copies to parties. (sdb)
May 26, 2011
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ORDER re: 166 Motion for Summary Judgment. Austals partial motion for summary judgment ishereby GRANTED as to Bumpers hostile work environment claim; GRANTED as toBumpers denial of training claim; GRANTED as to Bumpers retaliation claim; andGRANTED as to Bumpers termination claim. It is further ORDERED that Bumpers failure topromote claim, for which Austal did not move for summary judgment, and his request for punitive damages, is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 5/26/2011. (cmj)
May 26, 2011
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ORDER re: 189 Motion for Summary Judgment. The motion is granted as to Thomas hostile work environment claims; GRANTED as to Thomas retaliation claim; and GRANTED as to Thomas training claim. As such, Thomas punitivedamages request is MOOT. Signed by Judge Kristi K. DuBose on 5/26/2011. (cmj)
July 27, 2011
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ORDER re 184 205 Motion for Summary Judgment. It is ORDERED that Austals motion for summary judgment is GRANTED as to Pratts hostile work environment claim; GRANTED as to Pratts training claim; and GRANTED as to Pratts retaliation claim. Pratts punitive damages request is thus MOOT, as further set out. Signed by Judge Kristi K. DuBose on 7/27/2011. (clr)
July 27, 2011
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ORDER re 177201 216 Defendant's Motion for Summary Judgment. It is ORDERED that Austals motion for summary judgment is DENIED as to Carters hostile work environment claim; GRANTED as to Carters failure to adequately train claim; GRANTED as to Carters disparate pay claims; GRANTED in part and DENIED in part as to Carters disparate promotion claims, as detailed herein; and GRANTED as to Carters retaliation claim. Carters punitive damages request is CARRIED TO TRIAL, as further set out. Signed by Judge Kristi K. DuBose on 7/27/2011. (clr)
July 29, 2011
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ORDER granting in part, for reasons stated on the record, 363 Motion to Sever; granting 387 Motion to Continue as to pretrial conference and denying as to trial setting as set out; granting in part 389 Motion to Sever. This action is SEVERED FOR TRIAL with the first trial to consist of Plaintiffs Earaton Adams, Myron Barnes, Frederick Carter, Sidney Hedgeman and Carlos Johnson. The Court will determine the manner in which the remaining plaintiffs shall be severed for trial at a later date. The Pretrial conference is set for 8/25/11 at 8:00 a.m. Jury selection is set for 8/30/11 at 8:30. Trial set 9/2611 at 8:30. Signed by Judge Kristi K. DuBose on 7/28/2011. (Attachments: # (1) Standing Pretrial Order) (cmj)
August 1, 2011
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ORDER granting in part and denying in part 171 Motion for Summary Judgment. Austal's partial motion for summary judgment is DENIED as to Johnson's hostile work environment claim; DENIED as to Johnson's failure to promote claim relating to Everett Maylin; GRANTED as to Johnson's Title VII failure to promote claim relating to Benjamin Hoffner's June 1, 2007 promotion; and GRANTED as to Johnson's retaliation, discipline, evaluations and training claims. It is further ORDERED that Johnson's disparate treatment claims for discriminatory pay and failure to promote (concerning Benjamin Hoffner), the merits of which were not placed at issue by Austal on summary judgment, are CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 8/1/2011. copies to parties. (sdb)
August 4, 2011
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(RESCINDED PER ORDER, DOC. 656) ORDER denying 402 Motion for Reconsideration. Signed by Judge Kristi K. DuBose on 8/4/2011. copies to parties. (sdb) Modified on 12/21/2011 (cmj).
August 29, 2011
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ORDER re 185 Motion for Summary Judgment. Austal's 185 motion for summary judgment is GRANTED as to Sullivan's hostile work environment claim; GRANTED as to Sullivan's failure to promote claims; GRANTED as to Sullivan's training claim; and GRANTED as to Sullivan's retaliation claim. Sullivan's punitive damages request is thus MOOT. Signed by Judge Kristi K. DuBose on 8/29/2011. copies to parties. (sdb)
September 6, 2011
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ORDER granting 200 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is GRANTED as to Williams' hostile work environment claim; GRANTED as to Williams' promotion claim; GRANTED as to Williams' discipline claim; and GRANTED as to Williams' retaliation claim. Williams' punitive damages request is thus MOOT. Signed by Judge Kristi K. DuBose on 9/6/2011. copies to parties. (sdb)
September 7, 2011
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ORDER re: 173 Motion for Summary Judgment. Accordingly, it is ORDERED that Austals (partial)motion for summary isGRANTED as to Cunninghams hostile work environment claim; GRANTED as to Cunninghams constructive discharge claim; GRANTED as to Cunninghams disparatetreatment in training, evaluations and discipline claims; GRANTED as to Cunninghams ADAclaim; GRANTED as to Cunninghams disparate pay claims; GRANTED as to Cunninghamsretaliation claim; and DENIED as to Cunninghams punitive damages request as that issue willbe CARRIED TO TRIAL.. Signed by Judge Kristi K. DuBose on 9/7/2011. (cmj)
September 7, 2011
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ORDER granting in part and denying in part 193 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Stills' hostile work environment claim under Section 1981; GRANTED as to Stills' disparate pay claim; and GRANTED as to Stills' retaliation claim. Stills' punitive damages request is thus CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/7/2011. copies to parties. (sdb)
September 16, 2011
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parties. (sdb)Order striking 445 Objection and 453 Notice (attachment 2). The parties shall, by 9/21/2011 at 12:00 p.m. (noon), file new Objections to the Trial Exhibits in the manner referenced supra. Signed by Judge Kristi K. DuBose on 9/16/2011. copies to
September 19, 2011
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ORDER Austal's 192 Motion for Summary Judgment re Slay is GRANTED as to Slay's hostile work environment claim; GRANTED as to Slay's Title VII/Section 1981 pay raise claim; GRANTED in part and DENIED in part as to Slay's Title VII/Section 1981 failure to promote claims and GRANTED as to Slay's retaliation and training claims. Slay's punitive damages request will be CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/19/2011. (srr)
September 22, 2011
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ORDER entered re 168 Motion for Summary Judgment (partial). It is ORDERED that Austal's motion for summary judgment is GRANTED as to Hollis hostile work environment claims; GRANTED as to Hollis' disparate pay claims; GRANTED as to Hollis' retaliation claim; and GRANTED as to Hollis' disparate treatment claims for discriminatory discipline. It is further ORDERED that Hollis punitive damages request is thus MOOT. Signed by Judge Kristi K. DuBose on 9/21/2011. (mca)
September 22, 2011
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ORDER entered re; 178 179 206 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Matthews hostile work environment claim; GRANTED as to Matthews failure to promote claims; GRANTED as to Matthews' pay claims; and GRANTED as to Matthews' retaliation, discipline and training claims. It is further ORDERED that Matthews punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/21/2011. (mca)
September 23, 2011
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ORDER granting in part and denying in part 198 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is GRANTED as to Reed's hostile work environment claim; DENIED as to Reed's discriminatory pay claims as detailed herein; and GRANTED as to Reed's retaliation claim. Reed's punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/23/2011. copies to parties. (sdb)
September 23, 2011
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ORDER granting in part and denying in part 194 Motion for Summary Judgment. It is ORDERED that Austal's partial motion for summary judgment is DENIED as to Roberson's hostile work environment claims; GRANTED as to Roberson's disparate pay claims; and GRANTED as to Roberson's retaliation claim, constructive discharge, denial of equipment (welding machine), training, and evaluations claims. Roberson's punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/23/2011. copies to parties. (sdb)
September 25, 2011
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ORDER denying 491 Motion to Amend/Correct and denying 495 Motion to Strike, as detailed therein. Signed by Judge Kristi K. DuBose on 9/25/2011. (gcp)
October 13, 2011
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ORDER granting 180 Defendant's Motion for Summary Judgment as to all claims, as set out. Signed by Judge Kristi K. DuBose on 10/13/2011. (cmj)
October 18, 2011
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Order on Jury Trial. This action came before the Court for jury selection on August 30, 2011, and trial by jury beginning September 26, 2011 and ending October 5, 2011, with United States District Judge Kristi K. DuBose presiding. On October 5, 2011, the jury having heard the evidence, the arguments of counsel, the charge of the Court and having considered the same upon their oaths, deliberated and returned with the verdicts as stated (attached).. Signed by Judge Kristi K. DuBose on 10/17/2011. (Attachments: # (1) Adams Verdict, # (2) Barnes Verdict, # (3) Carter Verdict, # (4) Hedgeman Verdict, # (5) Johnson Verdict) (mca)
November 7, 2011
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cmj)NTED as to Thomas training claims; DENIED inpart and GRANTED in part as to Thomas disparate pay claims; and DENIED as to Thomas retaliation claims. Thomas punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 11/7/2011. ( ORDER granting in part and denying in part 187 Motion for Summary Judgment. Austals motion for summary judgment is DENIED as to Thomas hostile work environment claims; DENIED in part and GRANTED in part as to Thomas failure to promote claims; GRA
November 18, 2011
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ORDER denying 540 Motion for Judgment as a Matter of Law; denying 540 Motion for New Trial. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)
November 18, 2011
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ORDER denying 541 Motion for Judgment as a Matter of Law; denying 541 Motion for New Trial. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)
December 20, 2011
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ORDER re: 548 Motion to Strike. Austal's motion to strike is denied as to Andrew's proposed testimony regarding what she observed and did in the course of Plaintiff's treatment and granted as to Andrew's proposed testimony that she "diagnosed Plaintiff with PTSD".. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
December 20, 2011
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ORDER denying at this time 547 Motion to Strike. However, Plaintiffs are prohibited from discussing any expected testimony from Dr. Koch on causation in his opening statement. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
December 20, 2011
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ORDER denying 529 Motion for Judgment as a Matter of Law as set out. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
December 21, 2011
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ORDER rescinding 403 Order on Motion for Reconsideration; granting 402 MOTION for Reconsideration as to the punitive damages issue, and Austal's motion, to the extend it seeks to strike the Plaintiffs' request for nominal damages and attorney's fees is denied; denying 592 Motion to Strike as set out in order. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
February 17, 2012
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JUDGMENT in favor of Austal, U.S.A., L.L.C. against Robert Adams; in favor of Austal, U.S.A., L.L.C. against Franklin Thomas; in favor of Austal, U.S.A., L.L.C. against Jerome Pettibone; in favor of Austal, U.S.A., L.L.C. against Ron Law; in favor of Austal, U.S.A., L.L.C. against Rahman K. Pratt; in favor of Austal, U.S.A., L.L.C. against Frederick Williams; in favor of Austal, U.S.A., L.L.C. against Tesha Hollis; in favor of Austal, U.S.A., L.L.C. against Larry J. Laffiette; in favor of Austal, U.S.A., L.L.C. against Frederick A. Carter, Sr; in favor of Austal, U.S.A., L.L.C. against Sidney Hedgeman;in favor of Austal, U.S.A., L.L.C. against Beverly Thomas; in favor of Austal, U.S.A., L.L.C. against Carlos Johnson, Earaton Adams, Myron Barnes; in favor of Austal, U.S.A., L.L.C. against Charles L. Stills, III, George Wells, Jermaine Roberson, Jermel Matthews and dismissing claims with prejudice.. Signed by Judge Kristi K. DuBose on 2/16/12. (cmj)
March 2, 2012
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ORDER denying 628 Motion for Attorney Fees and Costs Against Gloria Sullivan. Signed by Judge Kristi K. DuBose on 3/2/2012. copies to parties. (sdb)
March 14, 2012
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ORDER denying Motion for Attorney Fees and request for sanctions as set out in order re: 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 Signed by Judge Kristi K. DuBose on 3/14/2012. (cmj)
March 21, 2012
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ORDER denying 750 Motion for New Trial; denying 751 Motion for New Trial as set out in order. Signed by Judge Kristi K. DuBose on 3/21/2012. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Bumpers' hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Pettibone's hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Hollis' hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Laffiette's hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Law's hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Reed's hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
September 4, 2014
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Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Williams' hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
January 13, 2015
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ORDER denying 855 Motion for Reconsideration and/or Objections to the Court's Sua Sponte Order of Bifurcation as set out in order. Signed by Judge Kristi K. DuBose on 1/13/2015. (cmj)
November 6, 2015
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ORDER granting in part and denying in part 962 Motion to Retax. The motion is GRANTED in part as to the trial subpoenas as specified herein, GRANTED as to the certified copies of state court records, GRANTED in part as to the deposition transcript costs and printing costs as detailed supra; and DENIED as to the costs for Pro Hac Vice admission, videotape/video-synching depositions, trial transcripts, email/electronic/digital data, expert witnesses, mediation, attorney travel, and all other deposition transcript and printing costs requested. Accordingly, Austal is entitled to a retaxed award of costs in the amount of $32,751.30 (comprised of $28,520.35 for deposition transcripts,15 $1,212.45 for witness fees,16 $230.00 for trial subpoenas, $177.50 for certified copies and $2,611.00 for printing costs).. Signed by Judge Kristi K. DuBose on 11/5/2015. (cmj)
January 21, 2016
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Order re: 969 Response filed by Earaton Adams. The Court grants Plaintiffs' apportionment request and apportions the costs in the manner proposed by Plaintiffs such that each plaintiff is responsible for payment of the amount apportioned to him or her, as set out. The Clerk is directed to issue an appropriate certificate of judgment. Signed by Judge Kristi K. DuBose on 1/21/2016. (cmj)