J.s.r., et al. v. Dale County Board of Education
Court Docket Sheet

1:2013-cv-00582 (almd)

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Description
1
08/14/2013
COMPLAINT against Dale County Board of Education (Filing fee $ 400.00 receipt number 4602028090), filed by Susan Tater Childs.
1
Filing Fee Receipt
1 Attachment
08/14/2013
DEMAND for Trial by Jury by Susan Tater Childs. (This document has no pdf attached, see Doc. 1 for pdf.) (Text entry; no document attached.)
2
10/30/2013
AMENDED COMPLAINT against Dale County Board of Education, filed by Susan Tater Childs.
3
11/06/2013
Summons Issued as to Dale County Board of Education and mailed CMRRR with copy of complaint and amended complaint.
4
11/12/2013
Return Receipt Card showing service of summons, complaint and amended complaint signed by Lisa Harde for Dale County Board of Education served on 11/7/2013, answer due 11/29/2013.
5
12/09/2013
Defendant's ANSWER to 2 Amended Complaint, 1 Complaint, ANSWER to 2 Amended Complaint, 1 Complaint by Dale County Board of Education.
12/10/2013
NOTICE of Assignment to Magistrate Judge mailed to counsel for (all parties) Dale County Board of Education, J.S.R., Susan Childs Tarter (NO PDF document attached to this notice). (Text entry; no document attached.)
6
12/10/2013
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Dale County Board of Education; Corporate Disclosures due by 12/20/2013.
1
standing order & format
1 Attachment
7
12/10/2013
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to J.S.R.; Corporate Disclosures due by 12/20/2013.
1
standing order & format
1 Attachment
8
12/10/2013
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Susan Childs Tarter Corporate Disclosures due by 12/20/2013.
1
standing order & format
1 Attachment
9
12/11/2013
Corporate/Conflict Disclosure Statement by Dale County Board of Education. Modified on 12/12/2013 to clarify text to reflect as satisfying 6 notice of deficiency (qc/djy,).
10
12/13/2013
Corporate/Conflict Disclosure Statement by J.S.R., Susan Childs Tarter.
11
01/08/2014
Case reassigned to Chief Judge William Keith Watkins and Honorable Judge Wallace Capel, Jr. Honorable Judge Wallace Capel, Jr no longer assigned to the case as presiding judge.
12
01/09/2014
ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 1/30/2014. Signed by Chief Judge William Keith Watkins on 1/9/14.
13
01/09/2014
GENERAL BRIEFING ORDER for any motions to remand, motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, and Daubert motions setting briefing schedule, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/9/2014.
14
01/15/2014
REPORT of Rule 26(f) Planning Meeting.
15
01/16/2014
SCHEDULING ORDER setting Pretrial Conference for 1/6/2015 before Chief Judge William Keith Watkins, in Dothan, AL; Jury Trial set for 2/2/2015 before Chief Judge William Keith Watkins, in Dothan, AL; Amended Pleadings due by 2/14/2014; Discovery completed by 11/14/2014; dispositive and daubert Motions due by 10/8/2014; Mediation Notice due by 11/3/2014, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/16/2014. Furnished to calendar group & AR.
16
02/18/2014
NOTICE of Appearance by Erika Perrone Tatum on behalf of Dale County Board of Education
17
08/14/2014
MOTION to Continue by Susan Tater Childs.
18
08/18/2014
ORDER GRANTING 17 JOINT MOTION to Continue ; further ORDERING that the Jury Trial is continued from 2/2/2015 to 6/8/2015 before Chief Judge William Keith Watkins; the Pretrial Conference is continued from 1/6/2015 to 5/6/2015 before Chief Judge William Keith Watkins; and the deadline for filing witness lists, deposition designations, and exhibit lists is EXTENDED to 5/8/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 8/18/14. Furnished to calendar group & AR.
19
09/03/2014
MOTION for Extension of Deadline Dispositive Motions by Dale County Board of Education.
20
09/05/2014
ORDER GRANTING 19 MOTION to continue; Continuing the dispositive motions deadline to 12/1/2014. Signed by Chief Judge William Keith Watkins on 9/5/14.
21
11/04/2014
ORDER directing that the parties' deadline for engaging in face-to-face settlement negotiations is EXTENDED from 10/29/2014 to 1/5/2015. Signed by Chief Judge William Keith Watkins on 11/4/14.
22
11/04/2014
MOTION for Extension of Time to File by Dale County Board of Education.
23
11/04/2014
NOTICE by J.S.R. Face-to-Face
11/04/2014
Notice of Mediation and Settlement Conference by J.S.R., Susan Childs Tarter (NO PDF document attached to this notice-See Docket Entry 23). (Text entry; no document attached.)
24
11/05/2014
TEXT ORDER GRANTING 22 MOTION for Extension of Time; extending dispositive motion deadline to 12/3/2014. Signed by Chief Judge William Keith Watkins on 11/4/14. (NO PDF Document attached to this notice).
25
12/03/2014
First MOTION for Partial Summary Judgment by Susan Tater Childs, J.S.R., Susan Childs Tarter.
26
12/03/2014
BRIEF/MEMORANDUM in Support re 25 First MOTION for Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
27
12/03/2014
MOTION for Summary Judgment by Dale County Board of Education.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Exhibit N
15
Exhibit O
16
Exhibit P
17
Exhibit Q
18
Exhibit R
19
Exhibit S
20
Exhibit T
21
Exhibit U
22
Exhibit V
23
Exhibit W
24
Exhibit X
25
Exhibit Y
26
Exhibit Z
27
https://ecf.almd.uscourts.gov/doc1/01712401995" onClick="goDLS{{'/doc1/01712401995','51279','95','','2','1','',''}};">27</a> Exhibit AA) Added Alternative MOTION for Judgment on the Pleadings on 12/4/2014 as shown in main PDF document (qc/djy,)
27 Attachments
28
12/03/2014
BRIEF/MEMORANDUM in Support re 27 MOTION for Summary Judgment filed by Dale County Board of Education.
29
12/03/2014
Evidentiary Submission (Exhibit 1 is main PDF) in support of 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
1
Exhibit 2
2
Exhibit 3
3
Exhibit 4
4
Exhibit 5
5
Exhibit 6) Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 1 to
26
https://ecf.almd.uscourts.gov/doc1/01712401965" onClick="goDLS{{'/doc1/01712401965','51279','92','','2','1','',''}};">26</a> brief (qc/djy,)
6 Attachments
30
12/03/2014
Evidentiary Submission (EXHIBIT 7) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter. Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 7 to 26 brief (qc/djy,).
31
12/03/2014
Evidentiary Submission (EXHIBIT 8) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
1
Exhibit 9
2
Exhibit 10
3
Exhibit 11
4
Exhibit 12
5
Exhibit 13
6
Exhibit 14
7
Exhibit 15
8
Exhibit 16
9
Exhibit 17
10
Exhibit 18
11
Exhibit 19
12
Exhibit 20) Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 8 to
26
https://ecf.almd.uscourts.gov/doc1/01712401965" onClick="goDLS{{'/doc1/01712401965','51279','92','','2','1','',''}};">26</a> brief (qc/djy,)
13 Attachments
32
12/03/2014
Evidentiary Submission (EXHIBIT 21) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
1
Exhibit 22
2
Exhibit 23
3
Exhibit 24
4
Exhibit 25
5
Exhibit 26
6
Exhibit 27
7
Exhibit 28
8
Exhibit 29) Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 21 to
26
https://ecf.almd.uscourts.gov/doc1/01712401965" onClick="goDLS{{'/doc1/01712401965','51279','92','','2','1','',''}};">26</a> brief (qc/djy,)
9 Attachments
33
12/03/2014
Evidentiary Submission (EXHIBIT 30) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter. Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 30 to 26 brief (qc/djy,).
34
12/03/2014
Evidentiary Submission (EXHIBIT 31) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
1
Exhibit 32
2
Exhibit 33
3
Exhibit 34) Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 31 to
26
https://ecf.almd.uscourts.gov/doc1/01712401965" onClick="goDLS{{'/doc1/01712401965','51279','92','','2','1','',''}};">26</a> brief (qc/djy,)
4 Attachments
35
12/03/2014
Evidentiary Submission (EXHIBIT 35) re 26 BRIEF/MEMORANDUM in Support Partial Summary Judgment filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
1
Exhibit 36
2
Exhibit 37
3
Exhibit 38
4
Exhibit 39) Modified on 12/4/2014 to clarify text to reflect that the main PDF document is Exhibit 35 to
26
https://ecf.almd.uscourts.gov/doc1/01712401965" onClick="goDLS{{'/doc1/01712401965','51279','92','','2','1','',''}};">26</a> brief (qc/djy,)
5 Attachments
36
12/11/2014
MOTION to Strike Exhibits 30, 31, 38, and 39 of Plaintiffs' Evidentiary Submission of Plaintiffs' Brief in Support of Partial Summary Judgment (Docs. 33, 34, and 35) by Dale County Board of Education. Modified on 12/12/2014 to reflect actual title.
37
12/12/2014
Objection to Dale County Board of Education's 28 Brief in Support of 27 Motion for Summary Judgment, or in the alternative, MOTION for Judgment on the Pleadings and MOTION to Strike filed by Susan Childs Tarter. Modified on 12/15/2014 to reflect actual title and to create links to Doc. 27 and 28.
12/12/2014
ALTERNATIVE MOTION for Judgment on the Pleadings, and MOTION to Strike 28 BRIEF/MEMORANDUM in Support by J.S.R., Susan Childs Tarter. (This document has no pdf attached, see Doc. 37 for pdf.) Modified on 12/17/2014 to terminate erroneous Alternative Motion as the document does not contain said motion (qc/djy,). (Text entry; no document attached.)
38
12/15/2014
MOTION to Substitute re 37 Objection to, by Dale County Board of Education.
39
12/17/2014
ORDER GRANTING 38 MOTION to Substitute; plaintiff's 37 objection to defendant's brief in support of motion for summary judgment is OVERRULED; defendant shall file its replacement brief on or before 12/18/2014. Signed by Chief Judge William Keith Watkins on 12/17/14.
40
12/17/2014
BRIEF/MEMORANDUM in Support re 27 MOTION for Summary Judgment MOTION for Judgment on the Pleadings filed by Dale County Board of Education.
41
12/24/2014
BRIEF/MEMORANDUM in Opposition re 26 BRIEF/MEMORANDUM in Support, 25 First MOTION for Partial Summary Judgment filed by Dale County Board of Education.
42
12/24/2014
Evidentiary Submission re 41 BRIEF/MEMORANDUM in Opposition filed by Dale County Board of Education.
1
Exhibit BB
2
Exhibit CC
2 Attachments
43
12/24/2014
RESPONSE in Opposition re 27 MOTION for Summary Judgment MOTION for Judgment on the Pleadings, 36 MOTION to Strike 35 Evidentiary Submission, 33 Evidentiary Submission, 34 Evidentiary Submission, Plaintiffs' Response To Dale County Board of Education's Memorandum Brief in Support of Motion For Summary Judgment, or In The Alternative Motion For Judgment on The Pleadings and Motion To Strike filed by Susan Tater Childs, J.S.R., Susan Childs Tarter.
44
12/31/2014
REPLY BRIEF to Defendant's Response to Plaintiffs' Motion for Partial Summary Judgment filed by J.S.R., Susan Childs Tarter. Modified on 1/5/2015 to clarify text to reflect as a REPLY to 41 Response to motion for partial summary judgment (qc/djy,).
45
12/31/2014
REPLY BRIEF re 43 Response in Opposition to Motion, filed by Dale County Board of Education.
46
04/15/2015
ORDER SETTING PRETRIAL HEARING: Final Pretrial Conference set for 5/6/2015 is RESCHEDULED for 5/15/2015, at 10:15 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Proposed Pretrial Order due by 5/8/2015; Jury Trial set for 6/8/2015, in Dothan, AL, before Chief Judge William Keith Watkins. Signed by Chief Judge William Keith Watkins on 4/15/2015. (furn: calendar, ar)
47
05/08/2015
Witness List by Dale County Board of Education.
48
05/08/2015
Exhibit List by Dale County Board of Education.
49
05/08/2015
Deposition Designations by Dale County Board of Education.
50
05/08/2015
Witness List by J.S.R., Susan Childs Tarter. (Additional attachment(s) added on 5/11/2015 to redact personal information contained in original filing pursuant to the E-government rules: # 1 Main Document (Redacted)). Modified on 5/11/2015.
05/08/2015
Exhibit List by J.S.R., Susan Childs Tarter. (No pdf attached to this entry - See doc 50 for pdf) (Text entry; no document attached.)
05/08/2015
Deposition Designations by J.S.R., Susan Childs Tarter. (No pdf attached to this entry - See doc 50 for pdf) (Text entry; no document attached.)
51
05/11/2015
Amended Witness List by Dale County Board of Education. Modified on 5/11/2015 to clarify the docket text.
52
05/11/2015
Amended Exhibit List by Dale County Board of Education.
53
05/11/2015
Amended Deposition Designations by Dale County Board of Education.
54
05/15/2015
Minute Entry for proceedings held before Chief Judge William Keith Watkins: Pretrial Conference held on 5/15/2015 (PDF available for court use only). (Court Reporter Risa Entrekin.)
55
05/19/2015
ORDERED that the Clerk of the Court is DIRECTED to correct the docket to reflect that Susan Tarter Childs is the name of the Plaintiff, suing on behalf of J.S.R., a minor, and on her own behalf. Signed by Chief Judge William Keith Watkins on 5/19/2015.
56
05/19/2015
ORDERED that the trial of this matter, which is set for the term of court beginning June 8, 2015, is CONTINUED generally, and that the parties are RELIEVED of any further trial or pretrial deadlines until further order of the court. Signed by Chief Judge William Keith Watkins on 5/19/2015.
57
05/19/2015
ORDERED that the parties shall file jointly, on or before May 22, 2015, a report indicating their plans to mediate some or all of the issues in this case. Signed by Chief Judge William Keith Watkins on 5/19/2015.
58
05/22/2015
NOTICE by Dale County Board of Education and PLAINTIFFS of JOINT MEDIATION REPORT Modified on 5/26/2015 to add as filed on behalf of the plaintiffs.
59
06/18/2015
Joint Notice of Mediation and Settlement Conference by Dale County Board of Education, Susan Tarter Childs, J.S.R. Modified on 6/18/2015 to add as also filed on behalf of the plfs.
1
Exhibit 1-Memorandum of Mediated Settlement Agreement for Non-Monetary Claims) (Additional attachment(s) added on 6/18/2015 to redact personal information contained in original filing pursuant to the E-government rules: #
2
Exhibit 1 (Redacted)
2 Attachments
60
06/22/2015
ORDERED that this case is set for the jury trial term beginning 10/26/2015, in Dothan, Alabama; A pretrial conference is set for 9/24/2015, at 10:00 AM, in courtroom 2-B of the Frank M. Johnson, Jr. U. S. Courthouse, One Church Street, Montgomery, Alabama. Signed by Chief Judge William Keith Watkins on 6/22/2015. (furn: calendar, ar)
61
09/09/2015
ORDER setting Pretrial Conference for 9/24/2015 @ 10:00 AM before Chief Judge William Keith Watkins, in Courtroom 2B of the FMJ US Courthouse, Montgomery, AL; directing the parties prepare a joint Proposed Pretrial Order due by 9/19/2015; Jury Trial set for 10/26/2015 before Chief Judge William Keith Watkins, in Dothan, AL. Signed by Chief Judge William Keith Watkins on 9/9/15. Furnished to calendar group & AR.
62
09/24/2015
Minute Entry for proceedings held before Chief Judge William Keith Watkins: Pretrial Conference held on 9/24/2015 (PDF available for court use only). (Court Reporter Risa Entrekin.)
63
09/28/2015
MEMORANDUM OPINION AND ORDER: it is ORDERED that Defendant's 36 motion to strike is DENIED. The objections to Plaintiffs' Summary Judgment Brief and Evidentiary Submissions are OVERRULED IN PART and SUSTAINED IN PART, as set out herein. Signed by Chief Judge William Keith Watkins on 9/28/2015.
64
09/28/2015
MEMORANDUM OPINION AND ORDER: it is ORDERED that: (1) Plaintiffs' motion for summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiffs' motion is GRANTED with respect to Count I. It is DENIED with respect to Counts II, III, and IV. (2) Defendant's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Defendant's motion is GRANTED with respect to the equal protection claim asserted in Count IV. Defendant's motion is GRANTED with respect to any ADA or § 504 discrimination or retaliation claim arising from J.S.R.'s exclusion from playing baseball. Defendant's motion is DENIED with respect to Counts I, II, III, and the remainder of Count IV. (3) Defendant's alternative motion for judgment on the pleadings is DENIED. On or before October 26, 2015, Plaintiffs shall submit their request for attorney's fees owed for the administrative due process hearing. Defendant may file any objections to Plaintiffs' fee request on or before November 9, 2015. The parties shall consider the IDEAs statutory standards for fee awards and related costs. See 20 U.S.C. § 1415(i)(3)(C)(G). Signed by Chief Judge William Keith Watkins on 9/28/2015. (Main Document 64 replaced on 9/28/2015). Modified on 9/28/2015 to replace main pdf document and correct typographical errors.
65
09/28/2015
NOTICE of Correction re 64 Memorandum Opinion and Order to replace the main pdf document which contained typographical errors pertaining to the dates in order.
1
Main Document for docket entry
64
Order
2 Attachments
66
09/29/2015
TEXT ORDER denying 37 Motion to Strike. Signed by Chief Judge William Keith Watkins on 9/29/2015. (no pdf document attached to this order)
67
09/30/2015
ORDERED as follows: 1. The trial of this cause, presently set on October 26, 2015, is CONTINUED to the term of court commencing on February 8, 2016, in Dothan, Alabama. A status conference is set on January 7, 2016, in Montgomery, Alabama. 2. The parties are DIRECTED to file, on or before October 13, 2015, a joint status report notifying the court of the status of settlement efforts as to the remaining discrimination claims. 3. The parties are further DIRECTED to file, on or before October 19, 2015, a modified proposed pretrial order, taking into account the resolution of certain issues resolved by the Memorandum Opinion and Order on the Motion to Strike (Doc. # 63) and the Memorandum Opinion and Order on the Motions for Summary Judgment (Doc. # 64). Signed by Chief Judge William Keith Watkins on 9/30/2015.
68
10/13/2015
STATUS REPORT by Dale County Board of Education.
69
10/26/2015
First MOTION for Attorney Fees by Susan Tater Childs, Susan Tarter Childs, J.S.R.
1
Exhibit Itemization of Time
2
Affidavit Deborah Mattison Affidavit
3
Affidavit James Sears Affidavit
3 Attachments
70
11/09/2015
RESPONSE to Motion re 69 First MOTION for Attorney Fees filed by Dale County Board of Education.
1
Appendix For Exhibits A-O
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
16
Exhibit O
16 Attachments
71
11/10/2015
MOTION for Permission to File a Response to Defendant's Response to Petition and Declaration of Bobbie S. Crook and Objections to Plaintiffs' Attorneys' Fees Itemization by Susan Tarter Childs. Added MOTION for Leave to File Response on 11/12/2015 as reflected in main PDF document (qc/djy,).
72
11/16/2015
TEXT ORDER granting 71 MOTION for Permission to File a Response. Plaintiffs shall file their response on or before November 23, 2015. Signed by Chief Judge William Keith Watkins on 11/16/2015. (no pdf document attached this entry)
73
11/23/2015
(STRICKEN PURSUANT TO THE COURT'S 74 ORDER) REPLY to Response to Motion re 71 MOTION for Leave to File Response To Defendant's Response To Attorney Fees filed by Susan Tater Childs, Susan Tarter Childs, J.S.R. Modified on 11/25/2015.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
7 Attachments
74
11/25/2015
ORDERED that Plaintiffs' 73 Reply is STRICKEN. Plaintiffs shall have until December 4, 2015, to file another reply, the quality of which is commensurate with that of the 69 Motion. Signed by Chief Judge William Keith Watkins on 11/25/2015.
75
12/04/2015
RESPONSE in Support re 71 MOTION for Leave to File Plaintiffs' Reply To Defendant's Response To Petition and Declaration of Bobbie S. Crook and Objections to Plaintiffs' Attorney's Fee Itemization filed by Susan Tater Childs, Susan Tarter Childs, J.S.R.
1
Exhibit Exhibit A
2
Exhibit Exhibit B
3
Exhibit Exhibit C
4
Exhibit Exhibit D
5
Exhibit Exhibit E
6
Exhibit Exhibit F
7
Exhibit Exhibit G
7 Attachments
76
12/07/2015
MOTION for Leave to File Response to Plaintiffs Reply to Defendant's Response to Petition and Declaration of Bobbie S. Crook and Objections to Plaintiffs' Attorneys Fee Itemization by Dale County Board of Education.
77
12/14/2015
ORDER SETTING PRETRIAL HEARING: Final Pretrial Conference set for 1/7/2016, at 10:45 AM, in Courtroom 2B, before Chief Judge William Keith Watkins; Proposed Pretrial Order due by 12/31/2015; Jury Trial set for 2/8/2016, in Dothan, Alabama, before Chief Judge William Keith Watkins. Signed by Chief Judge William Keith Watkins on 12/14/2015. (furn: AR, Calendar)
78
12/31/2015
MOTION to Strike 75 Response in Support of Motion, by Dale County Board of Education.
79
01/05/2016
ORDER directing that the status conference referred to in the 9/30/2015 order and the pretrial conference referred to in the 12/30/2015 order are one and the same; this Pretrial Conference shall commence 1/7/2016 @ 10:45 AM before Chief Judge William Keith Watkins, in Courtroom 2B, FMJ US Courthouse, Montgomery, AL. Signed by Chief Judge William Keith Watkins on 1/5/16. Furnished to calendar group & AR.
80
01/06/2016
ORDER denying 78 Motion to Strike as further set out in order. Signed by Chief Judge William Keith Watkins on 1/6/2016.
81
01/06/2016
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1. Plaintiffs' motion for attorneys' fees (Doc. # 69) is GRANTED. 2. Plaintiffs are awarded $103,965 in attorneys' fees and $874.69 in costs. 3. Defendant's Motion for Leave to File a Surreply (Doc. # 76) is DENIED. Signed by Chief Judge William Keith Watkins on 1/6/2016.
82
01/07/2016
Minute Entry for proceedings held before Chief Judge William Keith Watkins: Pretrial Conference held on 1/7/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.)
83
01/12/2016
ORDER ON PRETRIAL HEARING: The jury selection and trial of this case, which is to last 3 days, is set for February 8, 2016, at the Federal Building & U.S. Courthouse, 100 West Troy Street, Dothan, Alabama; Trial Brief due by 1/25/2016; All deadlines not otherwise affected by this order will remain as set forth in the Uniform Scheduling Order, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/12/2016. (furn: calendar, AR)
84
01/12/2016
MOTION for Reconsideration by Dale County Board of Education.
1
Exhibit Exhibit &quot;A&quot;
2
Exhibit Exhibit &quot;B&quot;
3
Exhibit Exhibit &quot;C&quot;
4
Exhibit Exhibit &quot;D&quot;
5
Exhibit Exhibit &quot;E&quot;
6
Exhibit Exhibit &quot;F&quot;
7
Exhibit Exhibit &quot;G&quot;
7 Attachments
85
01/14/2016
ORDER denying 84 Motion for Reconsideration. Signed by Chief Judge William Keith Watkins on 1/14/2016.
86
01/18/2016
Objection to re Exhibit List [doc 50-1] filed by Dale County Board of Education.
87
01/18/2016
Objection to re Deposition Designations [doc 50-1] filed by Dale County Board of Education.
88
01/18/2016
Proposed Voir Dire by J.S.R.
89
01/18/2016
Proposed Jury Verdict Form by J.S.R.
90
01/18/2016
Proposed Jury Instructions by J.S.R.
91
01/19/2016
Proposed Voir Dire by Dale County Board of Education.
92
01/19/2016
First MOTION in Limine by Dale County Board of Education.
93
01/19/2016
Second MOTION in Limine by Dale County Board of Education.
94
01/19/2016
Third MOTION in Limine by Dale County Board of Education.
95
01/19/2016
Fourth MOTION in Limine by Dale County Board of Education.
96
01/19/2016
Proposed Jury Verdict Form by Dale County Board of Education.
97
01/19/2016
Proposed Jury Instructions by Dale County Board of Education.
98
01/22/2016
ORDERED that on or before February 6, 2016, the parties shall file a joint stipulation of dismissal in accordance with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Signed by Chief Judge William Keith Watkins on 1/22/2016.
99
02/03/2016
Joint MOTION for Extension of Time to File Joint Stipulation of Dismissal by Dale County Board of Education, J.S.R. Modified on 2/4/2016 to add as filed on behalf of plaintiffs.
100
02/05/2016
ORDERED that the 99 motion is GRANTED and the deadline by which the parties must file a joint stipulation of dismissal is CONTINUED GENERALLY pending the approval of settlement. The parties further represent that the settlement in this case will involve the distribution of funds to a minor, necessitating a pro ami hearing. Upon consideration of the foregoing, it is ORDERED as follows: 1. The parties are DIRECTED to appear on March 16, 2016, at 10:00 AM, in Courtroom 2B, Frank M. Johnson Jr. United States Courthouse, One Church Street, Montgomery, Alabama for a pro ami fairness hearing. 2. Sean Vanden Heuvel of the Slocumb Law Firm of Auburn, Alabama, is APPOINTED guardian ad litem to represent and defend the interests of the minor plaintiff in these proceedings; and 3. Mr. Heuvel is DIRECTED to appear at 9:30 AM on the date of the hearing in the chambers of the undersigned, Frank M. Johnson Jr. United States Courthouse, One Church Street, B-300, Montgomery, Alabama. Within ten days of the date of this Order, Mr. Heuvel shall file an entry of appearance as guardian ad litem and shall contemporaneously file an initial report detailing generally his understanding of the settlement agreement as it relates to the minor, as further set out order. Signed by Chief Judge William Keith Watkins on 2/5/2016. (furn: calendar, AR)
101
02/05/2016
ORDERED that the trial of this cause, presently set for February 8, 2016 (see Doc. # 83), is CANCELLED. Signed by Chief Judge William Keith Watkins on 2/5/2016. (furn: Calendar, AR).
102
02/12/2016
NOTICE of Appearance by Sean C. Vanden Heuvel on behalf of J.S.R. (Vanden Heuvel, Sean)
103
03/15/2016
ORDERED that the pro ami fairness hearing, which is currently set for March 16, 2016, is CONTINUED to March 28, 2016, at 2:00 PM, in Courtroom 2B, Frank M. Johnson Jr. United States Courthouse, One Church Street, Montgomery, Alabama. Mr. Heuvel is DIRECTED to appear at 1:30 PM on the date of the hearing in the chambers of the undersigned. The parties are DIRECTED to submit all documents relating to the hearing (see Doc. # 100, at 23) no later than March 21, 2016. Signed by Chief Judge William Keith Watkins on 3/15/2016. (furn: calendar. AR)
104
03/28/2016
Minute Entry for proceedings held before Chief Judge William Keith Watkins: Pro Ami Hearing held on 3/28/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.)
105
03/28/2016
ORDER and JUDGMENT: it is ORDERED, ADJUDGED and DECREED as follows: (1) the proposed Pro Ami Settlement Agreement is hereby approved; (2) the DCBOE shall pay to JSR the total sum of $10,000 as full and final compromise for damages of any kind or character; the DCBOE agrees to pay the costs associates with the pro ami proceeding, including the filing and the fee awarded to the guardian ad litem for JSR; (3) in a good faith effort to provide remediation services to JSR the DCBOE agrees to provide the following described supplemental individualized one on one services to JSR, as further set out in order; (4) the DCBOE agrees to pay plfs' attorneys' fees in the amount of 33,000 to resolve all remaining claims, for legal fees and costs in the above referenced matter; (5) the parties agree the Pro Ami Settlement Agreement does not affect the Court's 1/6/2016 award to plf's counsel of attorneys' fees in the amount of $103,965 and costs in the amount of R874.69; (6) the DCBOE expressly does not admit, and specifically denies, any wrongdoing by DCBOE or liablity to plfs for the relief and services negotiated in the Pro Ami Settlement Agreement; the DCBOE has compromised these claims in a good faith effort to settle all remaining claims in this case. Signed by Chief Judge William Keith Watkins on 3/28/2016.
106
03/29/2016
Joint STIPULATION of Dismissal by Dale County Board of Education. Modified on 3/30/2016 to add as filed on behalf of the plaintiffs.
107
03/31/2016
ORDER re 106 Joint Stipulation for Dismissal, which comports with Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, this case has been dismissed with prejudice by operation of Rule 41 on the terms agreed to and set out by the parties. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 3/31/2016.
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