Mccullough et al v. the City of Montgomery, Alabama et al
Court Docket Sheet

Middle District of Alabama

2:2015-cv-00463 (almd)

NA

Case 2:15-cv-00463-RCL-WC Document 103 Filed 08/19/16 Page 1 of 4 THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ANGELA MCCULLOUGH, MARQUITA) JOHNSON, KENNY JONES, ALGI) EDWARDS, LEVON AGEE, ADRIAN) EDDIE FLOYD, HASSAN CALDWELL) DEVRON JAMES, ASHLEY DAWN SCOTT,) AND CHRISTOPHER MOONEY,) ON BEHALF OF THEMSELVES,) INDIVIDUALLY, AND ON BEHALF OF A) CLASS OF ALL OTHERS SIMILARLY) SITUATED,)) Plaintiffs,) CASE NO: 2:15-CV-463-RCL-WC)) VS.)) THE CITY OF MONTGOMERY, ALABAMA;) ERNEST N. FINLEY, JR., CHIEF OF POLICE) OF THE CITY OF MONTGOMERY, IN HIS) INDIVIDUAL CAPACITY;) KEVIN MURPHY, FORMER CHIEF OF) POLICE OF THE CITY OF MONTGOMERY,) IN HIS INDIVIDUAL CAPACITY;) LES HAYES, III, PRESIDING JUDGE OF THE) MUNICIPAL COURT OF THE CITY OF) MONTGOMERY, IN HIS INDIVIDUAL AND) OFFICIAL CAPACITIES; AND JUDICIAL) CORRECTION SERVICES, INC., A) CORPORATION; AND TODD STRANGE,) MAYOR OF THE CITY OF MONTGOMERY,) IN HIS INDIVIDUAL CAPACITY,)) Defendants.) PLAINTIFFS’ NOTICE OF DISMISSAL OF CLAIMS BROUGHT AGAINST DEFENDANTS NAMED IN THEIR INDIVIDUAL CAPACITIES OR, IN THE ALTERNATIVE, MOTION TO DISMISS THOSE CLAIMS WITHOUT PREJUDICE Case 2:15-cv-00463-RCL-WC Document 103 Filed 08/19/16 Page 2 of 4 Pursuant to Fed. R. Civ. P. 41(a)(1), Plaintiffs represented by the undersigned counsel hereby file notice that they voluntarily dismiss, without prejudice to renew, any and all claims brought against any and all Defendants in their individual capacities under 42 U.S.C. § 1983. Proceeding by notice of dismissal is proper where, as here, notice is filed "before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs." Fed. R. Civ. P. 41(a)(1). Defendants have filed motions to dismiss but none of these filings is an answer or a motion for summary judgment. As a result, Defendants’ filings have not terminated Plaintiffs’ unconditional right to a voluntary dismissal without prejudice of the claims enumerated in the first paragraph above. See Carter v. United States, 547 F.2d 258 (5th Cir. 1977)1 (holding that Rule 41(a)(1) applied where the defendant had filed a motion to dismiss but had not filed an answer or a motion for summary judgment); Chambers v. Gesell, 120 F.R.D. 1, 2 n.4 (D.D.C. 1988) ("[A]lthough defendant has presented several grounds for dismissal of this suit, only defendant’s motion to dismiss for failure to state a claim [which was converted into a motion for summary judgment because it relied upon matters outside of the pleadings] defeats plaintiff’s right to voluntary dismissal under Fed. R. Civ. P. 41(a)(1)."); Wright & Miller, Federal Practice & Procedure § 2363 ("A motion to dismiss is neither an answer nor, unless ac-companied by affidavits discussing matters outside the pleadings that are not excluded by the court, a motion for summary judgment; thus, unless formally converted into a motion for sum-mary judgment under Rule 56, a motion to dismiss under Rule 12 does not terminate the right of dismissal by notice."). 1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981. 2 Case 2:15-cv-00463-RCL-WC Document 103 Filed 08/19/16 Page 3 of 4 In the event this Court should deem Rule 41(a) inapplicable in the present circumstances, Plaintiffs in the alternative move under Fed. R. Civ. P. 41(a)(2) for an order dismissing, without prejudice to renew, the claims enumerated in the first paragraph above. Dismissals without prejudice pursuant to Rule 41(a)(2) "are generally granted in the federal courts unless the defendant would suffer prejudice other than the prospect of a second lawsuit or some tactical disadvantage." Conafay v. Wyeth Labs., 793 F.2d 350, 353 (D.C. Cir. 1986). This standard was addressed by the District Court for the District of Columbia in Hisler v. Gallaudet University: A court applying Rule 41(a)(2)... must consider whether the plaintiff seeks the motion for voluntary dismissal in good faith, and whether the dismissal would cause the defendant "legal prejudice" based on factors such as the defendant’s trial preparation efforts, any excessive delay or lack of diligence by the plaintiff in prosecuting the action, an insufficient explanation by the plaintiff for taking nonsuit, and the filing of motions for summary judgment by the defendant. No. 99-2387, 2004 U.S. Dist. LEXIS 20996, at *15 (D.D.C. Oct. 21, 2004) (quoting In re Vitamins Antitrust Litigation, 198 F.R.D. 296, 304 (D.D.C.2000)). Plaintiffs seek dismissal of the above-stated claims in good faith and Defendants will suffer no legal prejudice if dismissal without prejudice is granted. For the reasons stated above, Plaintiffs ask that their notice of dismissal be accepted by the Court or that, in the alternative, the Court grant their motion to dismiss the enumerated claims without prejudice to renew at a later date. Respectfully submitted, s/Martha I. Morgan 3 Case 2:15-cv-00463-RCL-WC Document 103 Filed 08/19/16 Page 4 of 4 Martha I. Morgan (ASB-3038-A46M) 8800 Lodge Lane Cottondale, Alabama 35453 Telephone: 205-799-2692 E-mail: mimorgan@yahoo.com Faya Rose Toure (ASB-5931-R787) Henry Sanders (ASB-6179-A34H) CHESTNUT, SANDERS & SANDERS, LLC One Union Street P.O. Box 1290 Selma, Alabama 36702 Telephone: 334-526-4531 Fax: 334-526-4535 E-mail: fayarose@gmail.com gpompey@csspca.com Of Counsel for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the above has been electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing on all Defendants or their counsel on this 19TH day of August, 2016. s/Martha I. Morgan Of Counsel 4

RESPONSE TO ORDER TO SHOW CAUSE by Judicial Corrections Services, Inc. re {{133}} Order to Show Cause.

Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 1 of 7 IN THE UNITED STATED DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA ANGELA MCCULLOUGH et al.,) on behalf of themselves, individually,) and on behalf of a class of all others) similarly situated,)) Plaintiffs,)) v.) Case No. 2:15-CV-463-RCL-WC) THE CITY OF MONTGOMERY,) ALABAMA; EARNEST N. FINLEY, JR.,) Chief of Police of the City of) Montgomery, in his individual capacity;) KEVIN MURPHY, former Chief of Police) of the City of Montgomery, in his) individual capacity; LES HAYES III,) Presiding Judge of the Municipal Court) of the City of Montgomery, in his) individual and official capacities;) JUDICIAL CORRECTION SERVICES,) INC., a corporation; and TODD) STRANGE, Mayor of the City of) Montgomery, in his individual capacity,)) Defendants.) Defendant Judicial Corrections Services’ Response to the Court’s Order to Show Cause Relating to the Consolidation of the McCullough and Carter Cases (Doc. 133) Defendant Judicial Correction Services ("JCS") responds to the Court’s show-cause orders (Doc. 133 in McCullough, Doc. 99 in Carter) by stating that JCS does not oppose the consolidation of the Carter and McCullough Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 2 of 7 actions and by requesting that the Court consider taking further action regarding the overlapping nature of certain related putative class actions: 1. JCS agrees that Carter and McCullough are appropriate for consolidated treatment due to the overlapping nature of the putative classes. 2. The nature of the overlapping classes in both Carter and McCullough—which is the basis of the Court’s show-cause order—does not, however, stop with these two cases. For that reason, JCS requests that the Court enter an Order providing for further consolidation or transfer of the case to the Northern District of Alabama, for the reasons set forth below. 3. The Carter and McCullough putative classes are themselves a substantial portion of a substantially larger (and longer-pending) putative class, for which certification is being sought in the Northern District of Alabama in Ray v. Judicial Corrections Services, Inc., Case No. 2:12-cv-02819-RDP (N.D. Ala.). The putative class in Ray covers all JCS probationers in Alabama going back to the fall of 2010, and thus encompasses all of the Carter putative class, as well as the portion of the putative class in McCullough which is asserting claims against JCS. See Fourth Amended and Restated Complaint (Doc. 305) in Ray, at ¶¶ 9 & 79 (defining class to include all Alabama probationers who were ordered to probation under JCS and all 2 Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 3 of 7 Alabama JCS probationers who were allegedly jailed). 1 Plaintiff’s counsel in Carter is putative class counsel in Ray, and the Fourth Amended and Restated Complaint in Ray is substantially similar to the First Amended and Restated Complaint in Carter (Doc. 18). 4. Additionally, there is a case pending in the Middle District of Alabama—Thurman v. Judicial Corrections Services, No. 2:12-cv-00724 (M.D. Ala.)—whose putative class has significant enough overlap with the Ray case that it is has been reassigned to The Honorable R. David Proctor, who is presiding over the Ray case in the Northern District of Alabama (and is sitting in Thurman by designation in the Middle District). The plaintiffs in Thurman seek a putative state-wide class of JCS probationers (Thurman, Second Amended Class Action Complaint (Doc. 53)). 5. In circumstances involving multiple competing and overlapping putative classes, some Eleventh Circuit courts have applied the first-filed doctrine, recognized in the Eleventh Circuit, and concluded that the first-filed case (in this case, that would be Ray and perhaps also Thurman) take precedence over competing putative classes which involve transactionally related claims. See, e.g., Klaas v. Allstate Ins. Co., No. 2:15-cv-163-FtM-29DNF (M.D. Fla. June 1, 2015) (Doc. 20) (available on PACER or the Court’s The Fourth Amended and Restated Complaint in Ray can be accessed at Doc. 305 on 1 PACER or the Court’s CM/ECF system at https://ecf.alnd.uscourts.gov/doc1/01914076738. 3 Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 4 of 7 CM/ECF system at https://ecf.flmd.uscourts.gov/doc1/047114765618) (transferring a putative class action from the Middle District of Florida to the Middle District of Alabama based on the first-filed status of a substantially larger and overlapping class case in the transferee court) (relying on Collegiate Licensing Co. v. Am. Cas. Co. of Reading, 713 F.3d 71, 78 (11th Cir. 2013), and cited in Turner v. Allstate Ins. Co., No. 2:13-CV-685-WKW, 2016 WL 5445068, at *2 (M.D. Ala. Sept. 27, 2016)); see also Discover Prop. & Cas. Ins. Co. v. AIM Leasing Co., No. 1:14-CV-03039-WSD, 2015 WL 4599199, at *5 (N.D. Ga. July 31, 2015) (deciding to transfer an overlapping case to a different district because "transfer is the more efficient process and the one that gives effect to the principles upon which the first-filed rule is founded"). 6. JCS believes that further consolidation of these various and overlapping classes needs to take place. That could be accomplished in at least two different ways, among them: (1) this Court could transfer the consolidated Carter and McCullough cases to the Northern District of Alabama for consolidation with Ray, under the first-filed doctrine; or (2) this Court could consolidate both Carter and McCullough with the Thurman case, still pending in the Middle District of Alabama but assigned to Judge Proctor (who also has the Ray case), in order to ensure the proper monitoring of multi-overlapping putative class phenomena in these cases. Either of those procedural mechanisms would ensure that JCS is not forced to defend 4 Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 5 of 7 multiple overlapping cases in multiple forums among multiple competing class counsel. 7. That last point—the potential for multiple competing class counsel— has been underscored by the most recent filing by the plaintiffs’ counsel in McCullough. After this Court’s show-cause order in McCullough (Doc. 133), putative class counsel in McCullough filed a Motion for Appointment as Interim Class Counsel (Doc. 135). In that Motion for Appointment, McCullough putative class counsel is arguing (at p. 4) that the McCullough counsel are in a superior position to represent the overlapping class than the Carter putative class counsel because, among other reasons, "counsel in Carter are currently counsel in class action debtor’s prison suits against several other Alabama cities and a purported statewide class action lawsuit against JCS, which not only may prevent their undivided attention to the pre-certification class issues in this case, but possibly could present conflicts of interest with respect to issues in this case." This kind of competition among counsel vying for lead class counsel appointment begs for there to be one district court—whichever one it is—presiding over all of these overlapping cases. 8. Based on the foregoing, JCS agrees that Carter and McCullough should be consolidated. Further, JCS requests that the Court enter an Order providing further consolidation or transfer, or otherwise enter an Order 5 Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 6 of 7 addressing the problems addressed in this response regarding the multiple overlapping classes involved in these various cases. Respectfully submitted on March 24, 2017. s/Michael L. Jackson Larry S. Logsdon Michael L. Jackson Wesley K. Winborn llogsdon@wallacejordan.com mjackson@wallacejordan.com wwinborn@wallacejordan.com Of Counsel: Wallace, Jordan, Ratliff & Brandt, L.L.C. P.O. Box 530910 Birmingham, Alabama 35253 (205) 870-0555 Wilson F. Green wgreen@fleenorgreen.com Of Counsel: Fleenor & Green LLP 1657 McFarland Blvd. N., Ste. G2A Tuscaloosa, Alabama 35406 (205) 722-1018 Attorneys for Defendant Judicial Corrections Services 6 Case 2:15-cv-00463-RCL-WC Document 137 Filed 03/24/17 Page 7 of 7 Certificate of Service I certify that on March 24, 2017, I served a copy of the foregoing on all counsel by the Court’s CM/ECF electronic-filing system as follows: Henry Sanders, Esq. Kimberly Owen Fehl, Esq. Faya Rose Toure, Esq. Michael D. Brymer, Esq. Chestnut, Sanders & Sanders LLC Montgomery City Attorney's Office PO Box 1290 PO Box 1111 Selma, AL 36702 Montgomery, AL 36101-0111 gpompey@csspca.com kfehl@montgomeryal.gov fayarose@gmail.com mbrymer@montgomeryal.gov Martha Irene Morgan, Esq. Robert D. Segall, Esq. Attorney at Law Shannon Lynn Holliday, Esq. 8800 Lodge Lane Joel Thomas Caldwell, Esq. Cottondale, AL 35453 Copeland Franco Screws & Gill mimorgan@yahoo.com PO Box 347 Montgomery, AL 36101-0347 Edward Hamilton Wilson Jr., Esq. segall@copelandfranco.com Miland Fredrick Simpler III, Esq. holliday@copelandfranco.com Ball Ball Matthews & Novak PA caldwell@copelandfranco.com PO Box 2148 Montgomery, AL 36102-2148 hwilson@ball-ball.com msimpler@ball-ball.com s/Michael L. Jackson Michael L. Jackson mjackson@wallacejordan.com 7

RESPONSE TO {{113}} ORDER TO SHOW CAUSE by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.

Case 2:15-cv-00463-RCL-WC Document 140 Filed 03/24/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ANGELA MCCULLOUGH, ET AL.)) Plaintiffs,) CASE NO: 2:15-CV-463-WKW) VS.)) THE CITY OF MONTGOMERY, ALABAMA,) ET AL.) Defendants. JOINT RESPONSE TO ORDER TO SHOW CAUSE OF CITY OF MONTGOMERY, STRANGE, FINLEY, MURPHY AND HAYES COME NOW Defendants the City of Montgomery, Strange, Finley, Murphy, and Hayes and respond to this Court’s Order to Show Cause (Doc. 133). Defendants do not oppose consolidation with Carter v. City of Montgomery, 2:15-cv-555 (RCL), for purposes of discovery, but the Defendants do oppose consolidation for the class certification hearing and trial in this matter. 1 Although Fed R. Civ. P. 42 permits consolidation of cases that involve common questions of law or fact, at this point, it is difficult to ascertain whether common claims sufficient to justify consolidation will exist between Carter and McCullough after the Court rules on summary judgment motions. Defendants request, therefore, that the Court consider further consolidation with Carter v. City of Montgomery, supra, only after ruling on Defendants’ motion for summary judgment, and this Court may order consolidation for such limited purposes. Magnavox Co. v. APF Electronics, Inc., 496 F.Supp. 29, 32 (N.D. Ill. 1980) ("Rule 42(a), however, also contemplates consolidation for purposes of particular segments of the litigation, such as pretrial proceedings."); see also Firemen’s Ins. Co of Newark, N.J. v. Keating, 753 F.Supp. 1137 (S.D.N.Y. 1 "Although such common issues are a prerequisite to consolidation, the mere existence of these issues does not require a joint trial as a matter of course." Kelly v. Kelly, 911 F.Supp. 66, 69 (N.D.N.Y. 1996). 1 Case 2:15-cv-00463-RCL-WC Document 140 Filed 03/24/17 Page 2 of 5 1990) (allowing consolidation for pretrial purposes only). Similarly, in Yaffa v. Sunsouth Bank, 2013 WL 11522043, *1-2 (N.D. Fla. 2013), the court granted consolidation only for purposes of discovery, but reserved the issue of consolidation for trial until after discovery had been completed when there existed parallel cases "involving the same bank, the same loan documents and substantially same allegations of fraud and breach of fiduciary duty." Defendants would likewise request that this Court allow consolidation for a limited purpose and reserve the right to evaluate consolidation at a later point in the proceedings. Carter, supra, Amend. Comp. (Doc. 18), asserts claims for denial of due process and equal protection as well as violations of the Fourth Amendment, Sixth Amendment and Eighth Amendment that may appear similar to claims alleged in this matter. However, there are distinct claims asserted in McCullough: due process and equal protection violations for use of a fixed bail system and for use of appeal bonds; threat of probation revocation solely to collect fines; violation of the Thirteenth Amendment and Federal Anti-Peonage Laws; and false imprisonment/arrest that conceivably could differ remarkably from the claims in Carter. If there is a possibility of claims or legal theories causing jury confusion, cases should not be consolidated. See Walker v. H. Councill Trenholm State Technical College, 2007 WL 1140423, *2-3 (M.D. Ala. 2007) (ruling against consolidation with Eileen D. Olive v. H. Councill Trenholm State Technical College, et al., Civil Action No. 2:06-cv-48-MEF (M.D. Ala. 2006), although both lawsuits had common facts, overlapping time frames and were brought pursuant to federal employment discrimination statutes the discriminatory animus alleged by each plaintiff was different). It is realistic that the unique counts asserted in this matter could potentially confuse jurors if the cases are consolidated for trial. Similarly, consolidation in a class certification hearing, while not a jury proceeding, could result in confusion due to the different natures of the claims. 2 Case 2:15-cv-00463-RCL-WC Document 140 Filed 03/24/17 Page 3 of 5 In addition, the parties in Carter and this matter are different. In Carter, the plaintiff sues the City of Montgomery, different corporate entities and one of the attorneys appointed by the municipal court to defend indigent individuals. In comparison, Plaintiffs in McCullough allege claims against the City of Montgomery, the mayor of Montgomery, the chief of police of Montgomery and the former chief of police of the City of Montgomery as well as the presiding judge of the Municipal Court which could entail different defenses as well as impediments to recovery that may not be present in Carter. Defendants acknowledge that some parties in both lawsuits are similar, but the different parties may potentially confuse jurors and may impact jurors’ ability to decipher evidence concerning each Defendant. Finally, the theory of liability in Carter and McCullough, at least as stated in their respective Complaints, is different. Carter acknowledges that the municipality, as a legal matter, has no authority to dictate judicial actions or procedures, but contends that the JCS contract is an unlawful exercise of authority in an attempt to dictate judicial behavior. McCullough, on the other hand, contends, it would appear, that there is some agreement between the Mayor, current and former police chiefs and the presiding judge relative to the wrongs alleged in the Complaint. These differing theories will, almost necessarily confuse a jury if presented together. As for class certification, the theories are also apparently different, with Carter being focused on the allegedly streamlined nature of the JCS procedures and McCullough being focused on the allegedly "administrative" actions of the municipal court officers. Challenging these differing theories will likely be difficult to address effectively in a single hearing. In short, Defendants would request that this Court grant consolidation only with respect to discovery at the present time and reconsider consolidation of the trial and class certification rulings after its rulings on Defendants’ motions for summary judgment. 3 Submitted this the 24th day of March, 2017. s/Shannon L. Holliday Shannon Holliday [ASB-5440-Y77S] Robert D. Segall [ASB-7354-E68R] Joel Caldwell [ASB-4625-Z36E] COPELAND, FRANCO, SCREWS & GILL, P.A. P.O. Box 347 Montgomery, AL 36101-0347 Telephone: 334-834-1180 Email: holliday@copelandfranco.com Email: segall@copelandfranco.com Email: caldwell@copelandfranco.com Kimberly O. Fehl Michael D. Brymer City of Montgomery Legal Department Post Office Box 1111 Montgomery, AL 36101-1111 Telephone: 334-625-2050 Email: kfehl@montgomeryal.gov Email: mbrymer@montgomeryal.gov ATTORNEYS FOR DEFENDANT CITY OF MONTGOMERY, STRANGE, FINLEY, MURPHY, AND HAYES 4 Case 2:15-cv-00463-RCL-WC Document 140 Filed 03/24/17 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on the 24th day of March, 2017, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to: Martha I. Morgan 8800 Lodge Lane Cottondale, Alabama 35453 Faya Rose Toure Henry Sanders Chestnut, Sanders & Sanders, LLC One Union Street P.O. Box 1290 Selma, AL 36702 E. Ham Wilson Miland F. Simpler, III Ball, Ball, Matthews & Novak, P.A. Post Office Box 2148 Montgomery, AL 36109-5413 Michael L. Jackson Larry S. Logsdon Wesley K. Winborn Wallace, Jordan, Ratliff & Brandt, L.L.C. P.O. Box 530910 Birmingham, AL 35253 s/Shannon L. Holliday Of Counsel 5

Joint Reply to Other Parties' Responses (ECF No. 102 in Carter, 103 in Carter, {{137}} in McCullough, {{140}} in McCullough) to the Court's Show-Cause Order (ECF No. {{133}} in McCullough; ECF No. 99 in Carter) relating to the Consolidation of the McCullough and Carter (2:15cv555-RCL) cases, filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/14/2017 to include links and clean up text.

Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 1 of 7 THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ANGELA MCCULLOUGH, et al.,)) Plaintiffs,) CASE NO: 2:15-CV-463-RCL)) vs.)) THE CITY OF MONTGOMERY, ALABAMA,) et al.,) Defendants. McCULLOUGH PLAINTIFFS’ JOINT REPLY TO OTHER PARTIES’ RESPONSES TO THE COURT’S ORDER TO SHOW CAUSE RELATING TO THE CONSOLIDATION OF THE McCULLOUGH AND CARTER CASES COME NOW PLAINTIFFS and file this joint reply to the responses of the City of Montgomery, Strange, Finley, Murphy, and Hayes (ECF No. 140 in McCullough); JCS (ECF No. 137 in McCullough); the Carter Plaintiff (ECF No. 102 in Carter; and Kloess (ECF No. 103 in Carter) to the Court’s show-cause order (ECF No. 133 in McCullough; ECF No. 99 in Carter) relating to consolidation of this case and Carter v. City of Montgomery, 2:15-cv-555-RCL. McCullough Plaintiffs’ Position: As stated in their response to the show-cause order (ECF No. 141), McCullough Plaintiffs do not oppose consolidation of these two cases for purposes of discovery but believe any decisions on consolidation for other purposes should await further developments in these related, but in may respects distinct, cases. Waiting to assess consolidation for purposes other than discovery would be an appropriate exercise of the broad discretion afforded the Court under Fed.R.Civ.P. 42, which provides as follows: Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 2 of 7 Rule 42. Consolidation; Separate Trials (a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay. (b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any federal right to a jury trial. Under Rule 42(a), the Court retains complete discretion and may consolidate all or part of any action. See Young v. City of Augusta, Ga., 59 F.3d 1160, 1168 (11th Cir. 1995) (citing 9 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2383, at 439‐40 (1994)(discussing that even when consolidation under Rule 42(a) may be warranted because of a common issue of law or fact, it is not required)). I. Reply to the Joint Response of Defendants the City of Montgomery, Strange, Finley, Murphy, and Hayes (ECF No. 140 in McCullough) The City, Strange, Finley, Murphy, and Hayes do not oppose consolidation of these two cases for the purpose of discovery but do oppose consolidation for a class certification hearing or trial. Accordingly, they request that the Court grant consolidation only with respect to discovery at the present time. Defendants describe numerous differences between the parties, claims, and theories of relief in the two cases and point to the likelihood of confusion in a single class certification hearing and the danger of jury confusion if the cases are tried together. Plaintiffs do not disagree about the potential for such confusion. They believe that any determinations about consolidation for purposes other than discovery can be evaluated better later in these proceedings. 2 Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 3 of 7 II. Reply to the Response of Defendant JCS (ECF No. 137 in McCullough) Defendant JCS does not oppose consolidation of the two cases and further asks the Court to "consider taking further action regarding the overlapping nature of certain related putative class actions." ECF No. 137 at 2. As stated above, Plaintiffs believe it is premature to order consolidation with Carter for any purposes other than discovery. Moreover, Plaintiffs strongly oppose all JCS’s suggestions of "further actions" related to Ray v. JCS, No. 2:12-cv-2819-RDP, Northern District of Alabama, and Thurman v. JCS, No. 2:12-cv-724-RDP, Middle District of Alabama. Indeed, the suggestions appear to be nothing more than classic attempts at forum shopping. It is telling that in the nearly two years this case has been pending, JCS never made any of these suggestions until after this Court’s recent denial of its motion to dismiss with respect to most of Plaintiffs’ claims against it, and after Judge Proctor, to whom the Thurman1 case has been reassigned, recently granted the City of Childerburg’s motion for summary judgement in Ray. Plaintiffs note than no classes, statewide or otherwise, have yet been certified in either of the above-mentioned cases JCS references. Eventual statewide certification of classes against JCS remains a possibility, but is far from a certainty, in either of these 2012 cases. Further, while Carter’s claims pertain only to the City’s joint activity under the JCS system, McCullough Plaintiffs’ claims extend to the City and other Defendants’ practices with 1 The claims in Thurman relate to JCS probationers whose probation orders were not signed by a judge. At this point, the only Defendants in either of these cases are JCS and its related corporate entities. 3 Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 4 of 7 respect to both persons who were placed with JCS on one or more occasions2 and those who never were. There is no basis to deprive Plaintiffs of their choice of forum for this Montgomery-centered case by any transfer or consolidation of the type JCS suggests, especially considering the predominance of McCullough Plaintiffs’ non-JCS claims.3 III. Reply to the Response of the Carter Plaintiff (ECF No. 102 in Carter) Plaintiff Aldaress Carter does not oppose consolidation for "common discovery between the two cases which will pertain to the City of Montgomery, its personnel, and its documents." ECF No. 102 at 4 in Carter. However, describing their view of the minimum overlap between the two cases and detailing the extensive statewide discovery they have already conducted in Ray v. JCS, No. 2:12-cv-2819, Northern District of Alabama, Carter’s counsel do oppose entirely consolidating the cases, or even consolidating them for all discovery. Plaintiff Carter admits the broader nature of many of the McCullough Plaintiffs’ claims. (E.g.,"While there may be jailing unrelated to JCS in McCullough, the Carter case pertains only 2 The purported statewide classes in Ray and Thurman do not cover all of the MCCullough claims against JCS. Unlike Carter which currently contains only Section 1983 claims (with a general two-year statue of limitations in Alabama--though subject to tolling and continuing violations doctrines in this case), McCullough Plaintiffs also have state law claims related to fees and false imprisonment against JCS that have four and six-year statutes of limitations and allow recovery of punitive damages. In particular, their Count XII claims for false imprisonment (for both detentions on warrants and jailing) extend back to July 1, 2009, more than a year earlier than any claims in either Ray or Thurman. 3The possibility of a statewide class settlement in Ray has been under consideration for quite some time and any such settlement might be structured to include McCullough Plaintiffs’ claims against JCS. But the chance that Plaintiffs’ claims against JCS could be settled, whether as part of a Ray settlement or otherwise, provides no reason to transfer or consolidate this much broader case involving not just JCS but the City of Montgomery and other Defendants. 4 Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 5 of 7 to the City’s joint activity under the JCS system." ECF No. 102 at 3 in Carter). But Carter’s attempt to minimize the claims that the McCullough Plaintiffs do have against JCS fails, in part due to counsel’s apparent misreading of their own attached exhibits of JCS files for seven of the named McCullough Plaintiffs.4 Plaintiffs feel compelled to respond briefly to this attempted minimization of their claims against JCS. According to counsel for Carter, "it appears that the named plaintiffs in McCullough will be unable to make any claims against JCS for claims related to jail time and only limited claims for fees," and "the potential for the McCullough stated class to be represented by any of the named plaintiffs seems to be very small." ECF No. 102 at 4 in Carter. Counsel purport to have undertaken an overlap analysis based on their investigation of the individual named plaintiffs in McCullough using their read-only access to JCS records. But the attached exhibits do not seem to support the conclusions Carter counsel draw. For example, according to counsel for Mr. Carter (the only named plaintiff in his case), these records indicate that, "only one of the McCullough Plaintiffs (Caldwell) has been placed on "warrant" status after having been placed on JCS, so he is the only McCullough plaintiff that (sic) could potentially pursue any possible Fourth Amendment or false imprisonment claims that would relate to JCS." ECF No. 102 at 3 in Carter. To the contrary, as counsel for McCullough Plaintiffs read the exhibits, every one of the seven attached case records contains entries showing that the named Plaintiff had been placed on warrant status. The "Status" listing for each case includes a date indicating when the case was placed on warrant status and the detailed visit notes 4The attached exhibits contain a wealth of other information supporting McCullough Plaintiffs’ claims against JCS, the City, and other Defendants, including detailed case notes explicitly confirming many of Plaintiffs’ factual allegations in their Amended Complaint. 5 Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 6 of 7 confirm that the individuals were placed on warrant status related to their JCS probations. Carter counsel’s overlap analysis on jailing and fees also disregards the applicability of tolling or continuous violations doctrines in computing the statutes of limitations for Plaintiffs’ section 1983 claim, and ignores the much longer statutes of limitations and punitive damage claims applicable to McCullough Plaintiffs’ state law claims against JCS. Indeed, Mr. Carter himself might have trouble representing his stated class under his counsel’s approach to calculating the statutes of limitations for McCullough plaintiffs, i.e., based on the last date they paid fees to JCS. And Carter counsel concede that in our case Mr. Caldwell meets the Section 1983 statute of limitations for fees, warrants, and detentions. IV. Reply to Response of Carter Defendant Kloess (ECF No. 103 in Carter) Defendant Kloess opposes any consolidation of these two cases because he is not a named party in McCullough. He also makes arguments closely tracking those of the City, Strange, Finley, Murphy, and Strange about other differences between the two cases. Although Kloess is not a named defendant in McCullough, consolidation of these two cases for purposes of discovery concerning his acts and omissions may be appropriate. In Count VI of the amended complaint, McCullough Plaintiffs allege Sixth and Fourteenth Amendment violations related to denial of adequate access to counsel. Their allegations are based in part on the inadequacy of representation provided by the Public Defender. See Plaintiffs’ Amended Complaint, ECF No. 32, para. 216 at 6: (" The one Public Defender that was on duty at any time was often speaking briefly with defendants awaiting hearings in the nearby jail and not even present in the courtroom during hearings."). 6 Case 2:15-cv-00463-RCL-WC Document 142 Filed 03/31/17 Page 7 of 7 Conclusion: In short, Plaintiffs request that at present the Court grant consolidation only with respect to discovery. Additionally, given the history of Defendants’ attempts to delay discovery in these cases, Plaintiffs further request that the Court direct all parties to confer and to file forthwith a Rule 26(f) report containing a discovery plan Respectfully submitted, s/Martha I. Morgan Martha I. Morgan (ASB-3038-A46M) 8800 Lodge Lane Cottondale, Alabama 35453 Telephone: 205-799-2692 E-mail: mimorgan@yahoo.com Faya Rose Toure (ASB-5931-R787) Henry Sanders (ASB-6179-A34H) CHESTNUT, SANDERS & SANDERS, LLC One Union Street P.O. Box 1290 Selma, Alabama 36702 Telephone: 334-526-4531 Fax: 334-526-4535 E-mail: fayarose@gmail.com gpompey@csspca.com Of Counsel for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that a copy of the above has been electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing on all Defendants or their counsel on this 31st day of March, 2017. s/Martha I. Morgan Of Counsel 7

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1
07/01/2015
COMPLAINT against Ernest N. Finley, Jr, Les Hayes, III, Judicial Corrections Services, Inc., Kevin Murphy, The City of Montgomery, Alabama (Filing fee $ 400.00 receipt number 4602037418.), filed by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd.
1
Filing Fee Receipt
1 Attachment
2
07/01/2015
Corporate/Conflict Disclosure Statement by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
07/07/2015
NOTICE of Assignment to Magistrate Judge mailed to counsel for Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott (no pdf document attached to this entry) (Text entry; no document attached.)
3
07/07/2015
Summons Issued as to Ernest N. Finley, Jr, Judicial Corrections Services, Inc., Kevin Murphy, The City of Montgomery, Alabama; mailed CMRRR with copy of 1 complaint.
4
07/10/2015
Return Receipt Card showing service of summons and complaint signed by Margaret S. Pasley for Kevin Murphy served on 7/9/2015, answer due 7/30/2015.
5
07/10/2015
Return Receipt Card showing service of summons and complaint signed by Margaret S. Pasley for The City of Montgomery, Alabama served on 7/9/2015, answer due 7/30/2015.
6
07/10/2015
Return Receipt Card showing service of complaint and summons signed by Margaret S. Pasley for Ernest N. Finley, Jr served on 7/9/2015, answer due 7/30/2015.
7
07/10/2015
Return Receipt Card showing service of complaint and summons signed by Laura Payne for Judicial Corrections Services, Inc. served on 7/8/2015, answer due 7/29/2015.
8
07/16/2015
Summons Issued as to Les Hayes, III; mailed CMRRR with copy of 1 complaint.
9
07/17/2015
Case reassigned to Chief Judge William Keith Watkins. Honorable Judge Wallace Capel, Jr. no longer assigned to the case as presiding judge.
10
07/20/2015
Return Receipt Card showing service of summons & complaint signed by Police Dept. for Les Hayes, III served on 7/17/2015, answer due 8/7/2015.
11
07/23/2015
NOTICE of Appearance by Martha Irene Morgan on behalf of All Plaintiffs
12
07/30/2015
MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama.
13
07/30/2015
MOTION for a Briefing Schedule on Defendants' 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Motion for Briefing Schedule on Defendants' Motion to Dismiss by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama. Modified on 7/31/2015 to reflect actual title.
14
07/30/2015
NOTICE of Appearance by Joel Thomas Caldwell on behalf of Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama
15
07/30/2015
NOTICE of Appearance by Robert David Segall on behalf of Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama
16
07/31/2015
NOTICE of Appearance by Miland Fredrick Simpler, III on behalf of Les Hayes, III
07/31/2015
[PLEASE DISREGARD THIS DOCKET ENTRY, DOCKETED IN ERROR.] NOTICE of Assignment to Magistrate Judge mailed to counsel for Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama. (NO PDF) Modified on 7/31/2015. (Text entry; no document attached.)
17
07/31/2015
RESPONSE to Motion re 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (Additional attachment(s) added on 8/3/2015: # 1 Certificate of Service).
18
07/31/2015
RESPONSE to Motion re 13 MOTION for Order re 12 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Motion for Briefing Schedule on Defendants' Motion to Dismiss filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 8/3/2015 to add as also filed on behalf of, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, & Ashely Dawn Scott. (Additional attachment(s) added on 8/3/2015: # 1 Certificate of Service).
19
07/31/2015
ORDER that Defendants' 13 Motion for a Briefing Schedule on Defendants' Motion to Dismiss is GRANTED. Defendants shall file an initial brief in support of their 12 Motion to Dismiss on or before 8/28/2015. Plaintiffs response brief shall be due no later than twenty-one days after the filing of Defendants initial brief. Defendants reply brief shall be due no later than fourteen days after the last response brief is filed. Federal Rule of Civil Procedure 6(a), but not Federal Rule of Civil Procedure 6(d), applies in computing the time periods above. The motion shall be under submission on the due date of the reply brief. Signed by Chief Judge William Keith Watkins on 7/31/2015.
20
07/31/2015
NOTICE of Appearance by Kimberly Owen Fehl on behalf of The City of Montgomery, Alabama
07/31/2015
Objection to 12 Motion to Dismiss and 13 Motion for a Briefing Order filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (NO PDF, see Doc. 17, 18, and 29) (Text entry; no document attached.)
21
08/03/2015
NOTICE of Appearance by Michael D. Brymer on behalf of The City of Montgomery, Alabama
22
08/04/2015
Corporate/Conflict Disclosure Statement by Ernest N. Finley, Jr. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
23
08/04/2015
Corporate/Conflict Disclosure Statement by Les Hayes, III. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
24
08/04/2015
Corporate/Conflict Disclosure Statement by Kevin Murphy. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
25
08/04/2015
Corporate/Conflict Disclosure Statement by The City of Montgomery, Alabama. (Additional attachment(s) added on 8/5/2015: # 1 Corrected Certificate of Service).
26
08/05/2015
Received letter from CT Corporation System with copy of 19 Order mailed to Judicial Corrections Services, Inc. stating that after checking their records and the records of the State of AL, it has been determined that C T Corporation System is not the registered agent for an entity by the name of Judicial Corrections Services, Inc.
27
08/05/2015
Alias Summons issued; summons and complaint mailed CMRRR to Judicial Corrections Services, Inc., CSC Lawyers Inc. Services, Inc.
28
08/11/2015
Return Receipt Card showing service of 27 Alias Summons and Complaint signed by Avery Harris for Judicial Corrections Services, Inc. served on 8/6/2015, answer due 8/27/2015.
29
08/12/2015
ORDER: On 7/31/2015, an 19 Order entered setting a briefing schedule on Defendants' motion to dismiss. On the same date, Plaintiffs filed responses to Defendants' motion to dismiss and motion for a briefing order. (Docs. 17, 18.) Plaintiffs' responses are construed as objections, and, after careful consideration, it is ORDERED that the objections (Docs. 17, 18) are OVERRULED. Signed by Chief Judge William Keith Watkins on 8/12/2015.
30
08/17/2015
Alias Summons issued; alias summons and complaint mailed CMRRR to Judicial Corrections Services, Inc.
31
08/18/2015
LETTER from CSC (Corporation Services Company) rejecting service of process for Judicial Corrections Services, Inc. stating their office is not the registered agent for the company.
32
08/20/2015
AMENDED COMPLAINT against All Defendants, filed by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, adding Todd Strange as a new defendant. Modified on 8/21/2015 to include newly named party. (Main Document 32 replaced on 8/21/2015 due to original pdf did not contain proper signature.).
33
08/21/2015
Return Receipt Card showing service of alias summons and complaint signed by D. Wood for Judicial Corrections Services, Inc. served on 8/19/2015, answer due 9/9/2015.
34
08/21/2015
NOTICE of Correction re 32 Amended Complaint. The original pdf did not contain a proper electronic signature. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
32
Amended Complaint
2 Attachments
35
08/24/2015
Summons Issued; summons and 32 Amended Complaint mailed CMRRR to Todd Strange.
36
09/02/2015
NOTICE of Appearance by Edward Hamilton Wilson, Jr on behalf of Les Hayes, III
37
09/03/2015
NOTICE of Appearance by Larry Stephen Logsdon on behalf of Judicial Corrections Services, Inc.
38
09/03/2015
NOTICE of Appearance by Michael Leon Jackson on behalf of Judicial Corrections Services, Inc.
39
09/03/2015
NOTICE of Appearance by Wesley Kyle Winborn on behalf of Judicial Corrections Services, Inc.
40
09/03/2015
Joint MOTION for Extension of Time to File Answer by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, The City of Montgomery, Alabama, Todd Strange, Judicial Corrections Services, Inc. Modified on 9/3/2015 to add as also filed on behalf of Todd Strange and Judicial Corrections Services, Inc.
41
09/03/2015
Corporate/Conflict Disclosure Statement by Judicial Corrections Services, Inc.
42
09/03/2015
TEXT ORDER granting 40 Joint Motion for Extension of Time to Answer; The deadline for Dfts to respond to the First Amended Complaint is EXTENDED to and including 9/23/2015; Plf shall file a combined response to any motions to dismiss on or before 10/19/2015, and Dfts may file a reply on or before 10/30/2015. Signed by Chief Judge William Keith Watkins on 9/3/2015. (No pdf attached to this entry)
43
09/04/2015
ORDER: Based on the filing of the 32 Amended Complaint, it is ORDERED that Defendants' 12 Motion to Dismiss specified claims in the original Complaint is DENIED as moot. Signed by Chief Judge William Keith Watkins on 9/4/2015.
44
09/08/2015
Corporate/Conflict Disclosure Statement by Todd Strange.
45
09/23/2015
BRIEF/MEMORANDUM in Support of 47 Motion to Dismiss Plaintiffs' Amended Complaint, 48 Motion to Dismiss Plaintiffs' Amended Complaint and, in the alternative, BRIEF IN SUPPORT of Motion for Summary Judgment filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 9/24/2015 to reflect actual title, remove link to Doc. 12, and create link to Doc. 47 and 48.
1
Exhibit 1
1 Attachment
46
09/23/2015
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction by Judicial Corrections Services, Inc.
47
09/24/2015
MOTION to Dismiss 32 Amended Complaint by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 9/25/2015 to create link to Doc. 32.
48
09/24/2015
MOTION to Dismiss 32 Amended Complaint by Les Hayes, III. Modified on 9/25/2015 to create link to Doc. 32.
49
10/06/2015
BRIEFING ORDER: it is ORDERED that the 46 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
50
10/06/2015
BRIEFING ORDER: it is ORDERED that the 47 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
51
10/06/2015
BRIEFING ORDER: it is ORDERED that the 48 Motion to Dismiss be submitted without oral argument on 11/3/2015; further ORDERED that plfs file a response, which shall include a brief, on or before 10/27/2015; Defendants may file a reply brief on or before 11/3/2015, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/6/2015.
52
10/15/2015
Joint MOTION for Extension of Time to File Response/Reply (Amend Briefing Schedule) as to 48 MOTION to Dismiss Amended Complaint, 47 MOTION to Dismiss Amended Complaint, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction and for Leave for Defendants to File Corrected Briefs by Judicial Corrections Services, Inc., Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama, Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd. Modified on 10/16/2015 to add as filed on behalf of all parties.
53
10/20/2015
CORRECTED BRIEF/MEMORANDUM in Support re 48 MOTION to Dismiss Amended Complaint, 47 MOTION to Dismiss Amended Complaint filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
1
Exhibit 1
1 Attachment
54
10/20/2015
CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Judicial Corrections Services, Inc.
55
10/21/2015
ORDER denying as moot 46 Motion to Dismiss for Plfs' First Amended Complaint. Signed by Chief Judge William Keith Watkins on 10/21/2015.
56
10/21/2015
ORDER granting 52 Joint Motion to Amend Briefing Schedule on Dfts' Motions to Dismiss and for Leave for Dfts to File Corrected Briefs; the deadline for Plfs to file responses to the pending motions to dismiss is EXTENDED to and including 11/12/2015, and the deadline for Dfts to file reply briefs is EXTENDED to and including 11/27/2015. Signed by Chief Judge William Keith Watkins on 10/21/2015.
57
11/12/2015
BRIEF/MEMORANDUM in Opposition re 46, 47, & 48 MOTIONS to Dismiss First Amended Complaint filed by Levon Agee, Hassan Caldwell, Algi Edwards. Modified on 11/12/2015 to add the links to the 46, 47, & 48 motions.
58
11/12/2015
MOTION to Consolidate Cases by Ashely Dawn Scott, Christopher Mooney, Kenny Jones, Devron James, Marquita Johnson, Angela McCullough, Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd. Modified on 11/13/2015 to add as filed on behalf of all plaintiffs.
59
11/13/2015
ORDERED that Dfts shall file a response to the 58 MOTION to Consolidate Cases Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and/or to Reassign this Case on or before 11/23/2015. Signed by Chief Judge William Keith Watkins on 11/13/2015.
60
11/23/2015
MOTION to Continue Unopposed Motion to Continue Deadline for Filing Motion to Dismiss Reply Brief by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Additional attachment(s) added on 11/24/2015: # 1 Corrected Certificate of Service).
61
11/23/2015
BRIEF/MEMORANDUM in Opposition re 58 MOTION to Consolidate Cases or Reassign filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Additional attachment(s) added on 11/24/2015: # 1 Corrected Certificate of Service).
62
11/23/2015
REPLY re 58 MOTION to Consolidate Cases filed by Judicial Corrections Services, Inc. Modified on 11/24/2015 to clarify the docket text.
1
Exhibit A
1 Attachment
63
11/24/2015
MOTION to Certify Class by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
64
11/24/2015
BRIEF/MEMORANDUM in Support re 63 MOTION to Certify Class filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
65
11/25/2015
TEXT ORDER granting 60 Unopposed Motion to Continue Deadline for Filing Motion to Dismiss Reply Brief; Dfts shall file their reply briefs on or before 12/4/2015. Signed by Chief Judge William Keith Watkins on 11/25/2015. (No pdf attached to this entry)
66
11/25/2015
REPLY BRIEF re 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 57 BRIEF/MEMORANDUM in Opposition, filed by Judicial Corrections Services, Inc.
1
Exhibit 1
1 Attachment
67
12/01/2015
ORDER denying 58 Motion to Consolidate this Action with Mitchell, et al v. City of Montgomery, et al, 2:14-CV-186-MHT. Signed by Chief Judge William Keith Watkins on 12/1/2015.
68
12/02/2015
RESPONSE to Motion re 63 MOTION to Certify Class filed by Judicial Corrections Services, Inc.
69
12/04/2015
REPLY BRIEF re 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss, filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/7/2015 to add the links to the 46, 47 & 48 motions.
1
Exhibit 1
2
Exhibit 2
2 Attachments
70
12/04/2015
REPLY BRIEF re 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss, TO PLAINTIFFS' COMBINED RESPONSE TO DEFENDANTS' MOTION TO DISMISS filed by Les Hayes, III. Modified on 12/7/2015 to add the links to the 46, 47 & 48 motions.
71
12/07/2015
MOTION to Continue by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
72
12/08/2015
MOTION to Amend/Correct 69 Reply Brief, by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
73
12/08/2015
JOINDER re 68 Response to Motion FOR CLASS CERTIFICATION by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
74
12/09/2015
REPLY to Response to Motion re 63 MOTION to Certify Class, 71 MOTION to Continue filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
75
12/10/2015
TEXT ORDER granting 71 Unopposed Motion to Continue the Deadline for Filing Reply Briefs; granting Plfs an extension to reply to all Dfts' responses on or before 12/22/2015. Signed by Chief Judge William Keith Watkins on 12/10/2015. (No pdf attached to this entry)
76
12/10/2015
TEXT ORDER granting 72 Motion to Amend 69 Reply Brief. Signed by Chief Judge William Keith Watkins on 12/10/2015. (No pdf attached to this entry)
77
12/10/2015
AMENDED REPLY BRIEF re 70 Reply Brief to 57 BRIEF/MEMORANDUM in Opposition to 46, 47 & 48 MOTIONS to Dismiss filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/11/2015 to remove Dft Hayes as a filer. Modified on 12/11/2015 to add the links to the 57 Brief and 46, 47 & 48 motions.
1
Exhibit 1
2
Exhibit 2
2 Attachments
78
01/30/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott Notice of New Supplemental Authority for Docs. ## 57 & 73
1
Exhibit Order (Doc. # 40) in Case No. 4:15-cv-170-HLM
2
Exhibit Order (Doc. #41) in Case No. 4:15-cv-170-HLM
2 Attachments
79
02/11/2016
(Response to Notice) NOTICE by The City of Montgomery, Alabama re 78 Notice (Other), DEFENDANT CITY OF MONTGOMERY'S RESPONSE TO NOTICE Modified on 2/12/2016 to correct the docket text to reflect as a response to notice and to remove Ernest N. Finley, Jr, Kevin Murphy, and Todd Strange as filers as the response only references the City of Montgomery as the filer.
02/11/2016
RESPONSE to 78 Notice of New Authority by The City of Montgomery, Alabama. (No pdf attached to this entry - See doc 79 for pdf; erroneously e-filed using "Notice" event code) (Text entry; no document attached.)
80
02/15/2016
REPLY BRIEF re 79 Notice (Other), Plaintiffs' Reply to Defendant City of Montgomery's Response 79 to Plaintiffs' Notice of New Authority 78 filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
81
03/09/2016
(Response to Plaintiffs' Notice of New Authority) NOTICE by Judicial Corrections Services, Inc. re 78 Notice (Other), in response to Plaintiffs' Notice of New Authority Modified on 3/10/2016 to correct the docket text to reflect as a response and not a notice.
03/09/2016
RESPONSE in Opposition re 78 Notice of New Supplemental Authority by Judicial Corrections Services, Inc. (No pdf attached to this entry - See doc 81 for pdf) (Text entry; no document attached.)
82
03/11/2016
MOTION to Amend/Correct re 80 Reply Brief by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/11/2016 to add the link to the 80 reply brief.
1
Appendix Corrected Copy
1 Attachment
83
03/11/2016
TEXT ORDER granting 82 Motion to Amend/Correct. Signed by Chief Judge William Keith Watkins on 3/11/2016. (No pdf attached to this entry)
84
03/11/2016
REPLY BRIEF re 78 Notice (Other), 79 Notice (Other), 80 Reply Brief, Response in Opposition CORRECTED COPY OF DOC. # 80 filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
85
03/15/2016
REPLY BRIEF re 81 RESPONSE in Opposition re 78 Notice of New Supplemental Authority, Plaintiffs' Reply to JCS' Response to Plaintiffs' Notice of New Authority filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/16/2016 to add the link to the 81 response and to clarify the docket text.
86
03/21/2016
NOTICE by The City of Montgomery, Alabama OF FILING OF SUPPLEMENTAL AUTHORITY
1
Exhibit 1
1 Attachment
87
03/26/2016
MOTION for Rule 26(f) Scheduling Order by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Added MOTION for Order on 3/28/2016 as E-Filer used incorrect event code for docketing (c/djy,).
88
03/28/2016
BRIEF/MEMORANDUM in Opposition re 86 Notice (Other) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
89
03/28/2016
MOTION to Stay Discovery by Judicial Corrections Services, Inc.
1
Exhibit A
2
Exhibit B
2 Attachments
90
03/28/2016
RESPONSE in Opposition re 87 MOTION for Order filed by Judicial Corrections Services, Inc.
91
03/29/2016
MOTION to Stay re 89 MOTION to Stay Discovery by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
92
03/29/2016
BRIEF/MEMORANDUM in Opposition re 87 MOTION for Order, 90 Response in Opposition to Motion TO PLAINTIFFS' MOTION FOR RULE 26(f) SCHEDULING ORDER filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
93
04/04/2016
COMBINED REPLY to all Defendants' Briefs in Oppositions (Docs. 90 and 92) to Plaintiffs' 87 Motion for Rule 26(f) Scheduling Order filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/4/2016 to create links to Doc. 90 and 92 and to reflect this is a "Combined" reply.
94
04/08/2016
RESPONSE in Opposition to All Defendants' Motions to Stay Discovery (Doc. No. 89, 91) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/8/2016 to reflect actual title and clean up text.
1
Exhibit U.S. Department of Justice Letter
1 Attachment
95
05/02/2016
ORDER: Before the court are the following motions: 63 motion for classcertification; 87 motion for scheduling order; 89 motion to stay discovery; and the 91 motion to stay. Further, currently pending in this court is a similar case against some of the same defendants in which similar or identical claims are raised on behalf of similar, identical, or overlapping proposed classes. Carter v. The City of Montgomery et al., Case No. 2:15-cv-00555-WKW-WC. The court concludes that the necessities of case management require thatissues of consolidation, class certification, and scheduling of discovery beconsidered after the motions to dismiss are resolved in both cases. Therefore, it is ORDERED: 1. This case, including all discovery, is STAYED until further order. 2. Plaintiffs 63 motion for class certification is DENIED withoutprejudice to refile the motion after the stay is lifted. 3. Plaintiffs 87 motion for entry of a scheduling order is DENIED. 4. The 89 motion to stay discovery filed by Defendant Judicial Corrections Services, Inc. is GRANTED. 5. The 91 motion to stay filed by Defendants City of Montgomery, Ernest N. Finlay, Les Hayes, III, Kevin Murphy, and Todd Strange is GRANTED. Signed by Chief Judge William Keith Watkins on 5/2/2016.
96
06/15/2016
Case reassigned to Honorable Judge Royce C. Lamberth. Chief Judge William Keith Watkins no longer assigned to the case as presiding judge.
97
07/20/2016
ORDER Setting Motion Hearing re: 47, 48, and 54 MOTIONS TO DISMISS on 8/18/2016 @ 10:00 AM before Honorable Judge Royce C. Lamberth, in Courtroom 2F; counsel are advised that the Court shall also be hearing similar motions in cases, as further set out in order; the cases shall be heard in the order in which they were filed; counsel should be present for all hearings. Signed by Honorable Judge Royce C. Lamberth on 7/20/16. Furnished to calendar group & AR.
98
07/22/2016
MOTION to Continue Hearing by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (Main Document 98 replaced on 7/26/2016 due to typographical errors in the caption and case number.) Modified on 7/26/2016.
99
07/26/2016
NOTICE of Correction re 98 Motion to Continue Hearing. The original pdf contained typographical errors in the caption and case number. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
98
None
2 Attachments
100
08/11/2016
ORDER: The 98 Motion to Continue Hearing is hereby GRANTED, and the hearing (Motion hearing) is re-scheduled for 1:00 PM on 8/18/2016 in Courtroom 2-F before Honorable Judge Royce C. Lamberth. Signed by Honorable Judge Royce C. Lamberth on 8/11/2016. Copies furnished to calendar group, AR. (Deadline terminated: Motion Hearing set for 8/18/2016 at 10:00 AM in Courtroom 2-F.)
101
08/17/2016
NOTICE of Appearance by Wilson F. Green on behalf of Judicial Corrections Services, Inc.
102
08/18/2016
Minute Entry for proceedings held before Honorable Judge Royce C. Lamberth: Motion Hearing held on 8/18/2016 re 48 MOTION to Dismiss Amended Complaint filed by Les Hayes, III, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Judicial Corrections Services, Inc., 47 MOTION to Dismiss Amended Complaint filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
103
08/19/2016
NOTICE of Voluntary Dismissal of Claims Brought Against Defendants Named in Their Individual Capacities or, in the alternative, MOTION to Dismiss Those Claims Without Prejudice by All Plaintiffs (Main Document 103 replaced on 8/22/2016 due to original pdf contained an inadvertent error/omission of citation to statute per counsel.). Modified on 8/22/2016 to include actual title.
08/19/2016
Alternative MOTION to Dismiss Without Prejudice by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. (NO PDF, see Doc. 103 for pdf) (Text entry; no document attached.)
104
08/22/2016
NOTICE of Correction re 103 Notice of Voluntary Dismissal. The original pdf contained an inadvertent error/omission of citation to statute per counsel. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
103
NA
2 Attachments
105
08/22/2016
NOTICE by Les Hayes, III, The City of Montgomery, Alabama re 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint OF FILING SUPPLEMENTAL SUPPORT FOR THE CITY OF MONTGOMERY'S MOTION TO DISMISS Modified on 2/1/2017 to reflect that Exhibits 4, 6, 10 are SEALED pursuant to 111 Order. Modified on 4/26/2017 to reflect that Attachments 4,6,10 are SEALED in their entirety pursuant to Court 155 Order.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4 (SEALED)
5
Exhibit 5
6
Exhibit 6 (SEALED)
7
Exhibit 7
8
Exhibit 8
9
Exhibit 9
10
Exhibit 10 (SEALED)
11
Exhibit 11
12
Exhibit 12
13
Exhibit 13
14
Exhibit 14
15
Exhibit 15
15 Attachments
106
08/26/2016
MOTION for Protective Order and Preliminary Response to Doc. 105 Notice of Filing Supplemental Support for City of Montgomery's Motion to Dismiss by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 11/30/2016 to create link to Doc. 105.
08/26/2016
INITIAL RESPONSE to defs' 105 Notice of filing supplemental support for City of Montgomery's 47 motion to dismiss by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott (NO PDF document attached to this notice-see Docket entry 106 MOTION for protective order). (Text entry; no document attached.)
107
09/01/2016
RESPONSE to Motion re 106 MOTION for Protective Order and Preliminary Response to Doc. 105 Notice of Filing Supplemental Support for City of Montgomery's Motion to Dismiss filed by Les Hayes, III.
108
10/26/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on August 18, 2016, before Judge Royce C. Lamberth. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/24/2017.
109
11/18/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott re 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 47 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority
1
JIC Complaint No. 49
1 Attachment
110
11/23/2016
RESPONSE to the Plaintiffs' Filing of Supplemental Support (Doc. 109 & 109 -1) filed by The City of Montgomery, Alabama. Modified on 11/28/2016 to reflect actual title and clean up text.
111
11/30/2016
ORDER: Before the Court is defendants' filing of a supplemental support for the City's 105 Motion to Dismiss, plaintiff's 106 Motion for a Protective Order, and defendants' 107 Response to the motion for a protective order. Plaintiffs' motion is both a motion for a protective order and a response to the substantive material provided by defendants. At this point, the Court only addresses the protective order. Plaintiffs claim that exhibits filed by defendants should be subject to additional protective measures. See Pls.' Mot. 2, ECF No. 106. Defendants claim they do not see the need for such measures but do not oppose placing certain documents under seal. Defs. Resp. 2, ECF No. 107. Plaintiffs and Defendants shall, within 14 days, jointly file indicating what documents shall be sealed or providing documents deemed by both parties to be properly redacted. If the parties cannot agree on what documents should be sealed or what redactions should be made, the parties shall separately file proposed redactions or documents to be sealed. The filing(s) shall include a proposed order that has the effect of ensuring any documents currently on the open docket that should not be are either sealed or removed. If a document is to be redacted, the proposed order should ensure the properly redacted document is the version available on the public docket. Signed by Honorable Judge Royce C. Lamberth on 11/30/2016.
112
12/01/2016
[VACATED PURSUANT TO COURT 119 ORDER.] ORDER: Before the Court is plaintiffs' 104 Notice of Voluntary Dismissal of any and all claims brought against defendants in their individual capacities. In the alternative, plaintiffs file a motion to dismiss those claims without prejudice. Defendants have not objected to this notice or motion. For the reasons stated in the notice, the Court accepts plaintiffs' notice of voluntary dismissal of claims against defendants in their individual capacities. The dismissal is without prejudice. Signed by Honorable Judge Royce C. Lamberth on 11/30/2016. Modified on 2/17/2017.
113
12/05/2016
MOTION for Clarification of 112 Order Accepting Plaintiffs' 104 Notice of Voluntary Dismissal of Specified Claims by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/5/2016 to create relationship to Doc. 112.
114
12/07/2016
RESPONSE to Motion re 113 MOTION to Clarify Order filed by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange.
115
12/07/2016
RESPONSE to Plaintiffs' 113 Motion for Clarification and Hayes' MOTION to Clarify 53 Motion to Dismiss Briefing filed by Les Hayes, III. Modified on 12/8/2016 to reflect actual title and create link to Doc. 53.
12/07/2016
MOTION to Clarify 53 Motion to Dismiss Briefing by Les Hayes, III. (NO PDF, see Doc. 115 for pdf.) (Text entry; no document attached.)
116
12/08/2016
RESPONSE in Opposition re MOTION to Clarify re 53 BRIEF/MEMORANDUM in Support, and Reply to Accompanying Response to Plaintiffs' Motion (113) to Clarify Order (112) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/9/2016 to clarify text to reflect as also in RESPONSE to 115 Response (qc/djy,).
117
12/08/2016
REPLY to Response to Motion re 113 MOTION to Clarify Order by Strange, Murphy and Finley (Doc. 114) filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 12/9/2016 to clarify text to reflect as REPLY to 114 Response (qc/djy,).
118
12/14/2016
JOINT FILING related to the Sealing of Specified Pages of the Exhibits to Doc. 105 filed in response to 111 Order, by Plaintiffs, Les Hayes, III, The City of Montgomery, Alabama. Modified on 12/14/2016 to clean up text and add Plaintiffs as additional filers.
1
Text of Proposed Order
1 Attachment
119
12/20/2016
ORDER: Plaintiffs moved for clarification of this Court's 112 Order accepting plaintiffs' prior notice of voluntary dismissal. That notice [ 103, 104 ] was limited to "any and all claims brought against any and all Defendants in their individual capacities under 42 U.S.C. 1983" and plaintiffs wish the Court to clarify that is the scope of the voluntary dismissal accepted by the Court. Plaintiffs shall promptly file a notice identifying each defendant who has counts against him or her being voluntarily dismissed. Plaintiffs shall specify each count being dismissed. If a count enumerated in the complaint is being dismissed in its entirety, plaintiffs shall also identify the enumerated count as being dismissed in its entirety. The Court's 112 order is VACATED. The 113 Motion to Clarify the Court's order is DENIED AS MOOT. The in-the-alternative 103 Motion to Dismiss is also DENIED AS MOOT. It is plaintiff's responsibility to specify what claims, defendants, and counts are being voluntarily dismissed pursuant to FRCP 41(a)(1). No answer or motion for summary judgment having been filed, the Court's approval of such dismissal is not required. Signed by Honorable Judge Royce C. Lamberth on 12/19/2016.
120
12/21/2016
NOTICE by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott filed in response to 119 Order, 103 Notice of Voluntary Dismissal, 104 Notice of Correction, Notice Specifying Defendants, Claims and Counts Included in Voluntary Dismissal of All Individual Capacity Claims Under Section 1983 Modified on 12/22/2016 to clean up text.
121
12/28/2016
Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT as the City of Montgomery, Defendants Finley, Murphy, Strange, and Hayes and BRIEF in Support Thereof by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 12/29/2016 to reflect actual title.
122
12/28/2016
MOTION to Reconsider this Court's Ruling 119 Order regarding Plaintiffs' Rule 41(a)(1)(A)(i) Dismissal by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange. Modified on 12/29/2016 to clean up text.
12/28/2016
BRIEF/MEMORANDUM in Support of 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. (NO PDF, see Doc. 121 for pdf.) (Text entry; no document attached.)
123
01/03/2017
RESPONSE to 122 Motion of Defendants Murphy, Finley and Strange to Reconsider this Court's 119 Order, Ruling Regarding Plaintiffs' Rule 41(a)(1)(A)(i) 103 Notice of Dismissal filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 1/5/2017 to clean up text and create link to Doc. 103.
124
01/04/2017
INITIAL RESPONSE in Opposition to the Filing of the 121 Supplemental MOTION to Dismiss COUNT VII in its entirety OF PLAINTIFFS' 32 AMENDED COMPLAINT filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 1/5/2017 to reflect actual title and create link to Doc. 32.
125
01/30/2017
MOTION Partial Lifting of Stay by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott.
1
Exhibit Alabama Court of Judiciary Final Judgment
2
Exhibit JIC Alabama Court of Judiciary Complaint
3
Exhibit Agreement and Stipulation of Partes Alabama Court of Judiciary
3 Attachments
126
02/02/2017
RESPONSE to Motion re 125 MOTION Partial Lifting of Stay For the Propose of Allowing Plaintiffs to Depose Mayor Todd Strange and Judge Les Hayes, III filed by Les Hayes, III, Todd Strange, The City of Montgomery, Alabama.
127
02/07/2017
REPLY to 126 Response to 125 MOTION Partial Lifting of Stay filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 2/9/2017 to create link to Doc. 126.
02/16/2017
Motion No Longer Referred to Judge Wallace Capel, Jr. per instruction received from chambers: 106 MOTION for Protective Order under FRCP 5.2. (NO PDF) (Text entry; no document attached.)
128
02/23/2017
Supplemental Conflict Disclosure Statement by Judicial Corrections Services, Inc. Modified on 2/24/2017 to reflect this is a supplemental statement.
129
03/06/2017
NOTICE OF FILING SUPPLEMENTAL AUTHORITY by The City of Montgomery, Alabama re 47 MOTION to Dismiss Amended Complaint Attachments: # 1 Exhibit 1, # 2 Exhibit 2) Modified on 3/10/2017 to clean up text.
130
03/09/2017
RESPONSE to Defendant The City of Montgomery's 129 Notice of Filing Supplemental Authority by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/10/2017 to reflect actual title and clean up text.
131
03/10/2017
MEMORANDUM OPINION, as further set out. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
132
03/10/2017
ORDER granting in part and denying in part 47, 48, 54, and 121 Motions to Dismiss, as further set out in order. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
1
civil appeals checklist
1 Attachment
133
03/10/2017
ORDER TO SHOW CAUSE by the parties as to why this case should not be consolidated with Carter v. City of Montgomery, 2:15cv555-RCL, as further set out in order; directing the parties to refer to the order to show cause issued on this date in Carter, which articulates the apparent overlap in the proposed classes and common factual underpinning; the parties are hereby ordered to file within 14 days a memorandum stating any reasons the court should not order the cases consolidated. Signed by Honorable Judge Royce C. Lamberth on 3/10/17.
134
03/10/2017
Notice: ORDER TO SHOW CAUSE entered in 2:15cv555-RCL on 3/10/2017 posted on the docket of this case as directed by ORDER of District Judge Royce C. Lamberth on 3/10/2017.
135
03/12/2017
MOTION to Appoint Interim Class Counsel for Putative Classes Pursuant to FRCP 23(g)(2)(A) by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/15/2017 to reflect actual title and clean up text.
136
03/24/2017
ANSWER to 32 Amended Complaint, 34 Notice of Correction re First Amended Complaint, by Judicial Corrections Services, Inc. Modified on 3/27/2017 to create link to Doc. 34.
137
03/24/2017
RESPONSE TO ORDER TO SHOW CAUSE by Judicial Corrections Services, Inc. re 133 Order to Show Cause.
138
03/24/2017
ANSWER to 32 Amended Complaint, by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
139
03/24/2017
ANSWER to 32 Amended Complaint, by Les Hayes, III.
140
03/24/2017
RESPONSE TO 113 ORDER TO SHOW CAUSE by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
141
03/24/2017
RESPONSE TO 133 ORDER TO SHOW CAUSE relating to the Consolidation of McCullough and Carter Cases by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 3/27/2017 to create link to Doc. 133.
142
03/31/2017
Joint Reply to Other Parties' Responses (ECF No. 102 in Carter, 103 in Carter, 137 in McCullough, 140 in McCullough) to the Court's Show-Cause Order (ECF No. 133 in McCullough; ECF No. 99 in Carter) relating to the Consolidation of the McCullough and Carter (2:15cv555-RCL) cases, filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 4/14/2017 to include links and clean up text.
143
04/06/2017
NOTICE OF APPEAL as to 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, 131 Memorandum Opinion and Order by Ernest N. Finley, Jr, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama
144
04/06/2017
NOTICE OF APPEAL by Les Hayes, III Modified on 4/7/2017, to Create relationship to document # 131 MEMORANDUM OPINION and 132 ORDER entered on 03/10/2017.
145
04/07/2017
Appeal Instructions sent to Attorney Shannon L. Holliday counsel for Ernest N. Finley, Jr., individually; Kevin Murphy, individually; Todd Strange, individually; and the City of Montgomery, Alabama re 143 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript.
146
04/07/2017
Transmission of Notice of Appeal, 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT, 131 Memorandum Opinion and Order, 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, and Docket Sheet to US Court of Appeals re 143 Notice of Appeal.
1
APPEAL PACKAGE
1 Attachment
147
04/07/2017
Appeal Instructions sent to Attorney Shannon L. Holliday counsel for Les Hayes, III, individually and in his official capacity, re 144 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript.
148
04/07/2017
Transmission of Notice of Appeal, 47 MOTION to Dismiss Amended Complaint, 48 MOTION to Dismiss Amended Complaint, 54 CORRECTED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 121 Supplemental MOTION to Dismiss COUNT VII OF PLAINTIFFS' AMENDED COMPLAINT, 131 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals, 132 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, re 144 Notice of Appeal.
1
APPEAL PACKAGE
1 Attachment
149
04/11/2017
USCA Case Number 17-11554-J for 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama.
150
04/11/2017
USCA Case Number 17-11554-J for 144 Notice of Appeal filed by Les Hayes, III.
151
04/11/2017
USCA Appeal Fees received $ 505.00 receipt number 4602044901 re 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama 11th Circuit Appeal No. 17-11554-J.
152
04/11/2017
USCA Appeal Fees received $ 505.00 receipt number 4602044902 re 144 Notice of Appeal filed by Les Hayes, III
153
04/25/2017
ORDER: Following this Court's Order to Show Cause 133, plaintiffs in this case filed a motion for appointment of interim class counsel 135. The motion appears predicated on the consolidation of this case with Carter, 2:15-555. As the Court reads the motion, the Court's separate order issued on this date determining that there will be no consolidation at this time obviates the need for interim class counsel. Accordingly, the motion to appoint interim class counsel 135 is DENIED AS MOOT. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
154
04/25/2017
ORDER: The Court hereby ORDERS that the parties shall meet and confer within ten (ten) days of this date. The parties' discussion shall include the effect of the notice of appeal on this case and this Court's powers while the appeal is pending. It is further ORDERED that, within ten (10) days thereafter, a report shall be filed with the Court articulating the positions of the parties, along with a proposed scheduling order. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
155
04/26/2017
ORDER: Before the Court is the Joint Filing Related to the Sealing of Specified Pages of the Exhibits to Doc. 105 filed by the Plaintiffs and the City of Montgomery and Defendant Hayes pursuant to this Court's Order of 11/30/2016 (Doc. 111) indicating these parties agreement to the sealing of the following pages of Exhibits 4, 6 and 10 to Doc. 105 : 1. Doc. 105 -4, page 2; 2. Doc. 105 -6, page 3; 3. Doc. 105 -10, pages 3 and 4. The Clerk of the Court is ordered to place these specified pages of Exhibits 4, 6, and 10 to Doc. 105 under seal. In light of this Joint Filing (Doc. 118), plaintiffs' motion for a protective order 106 is DENIED AS MOOT. Signed by Honorable Judge Royce C. Lamberth on 4/25/2017.
156
04/26/2017
TEXT ORDER: Due to technical limitations it is not possible to seal individual pages per the Court 155 Order signed April 25, 2017. Due to this limitation and the joint filing of the parties requesting parts of Documents 105 -4, 105 -6, and 105 -10 be sealed, the Court orders that documents 105 -4, 105 -6, 105 -10 be sealed in their entirety until such technical issues are obviated or any person moves for unsealing of such documents. Signed by Honorable Judge Royce C. Lamberth on 4/26/2017. (NO PDF)
157
05/08/2017
Joint MOTION for Protective Order by Angela McCullough, Marquita Johnson, Kenny Jones, Algi Edwards, Levon Agee, Adrian Eddie Floyd, Hassan Caldwell, Devron James, Ashley Dawn Scott, and Christopher Mooney, and Defendants The City of Montgomery, Earnest N. Finley Jr., Kevin Murphy, Les Hayes III, Judicial Correction Services, and Todd Strange. Modified on 5/12/2017 to include additional filers.
1
Exhibit A - Proposed Protective Order
1 Attachment
158
05/10/2017
MOTION to Stay Case by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
159
05/15/2017
REPORT of Rule 26(f) Planning Meeting.
160
05/17/2017
COMBINED RESPONSE in Opposition to the 158 MOTION to Stay Case and MOTION to Declare Appeals Frivolous filed by Levon Agee, Hassan Caldwell, Algi Edwards, Adrian Eddie Floyd, Devron James, Marquita Johnson, Kenny Jones, Angela McCullough, Christopher Mooney, Ashely Dawn Scott. Modified on 5/18/2017 to clean up text.
161
05/24/2017
REPLY BRIEF re 160 Response to Motion, IN SUPPORT OF MOTION TO DISMISS filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama.
162
05/24/2017
CORRECTED REPLY BRIEF re 160 Response to Motion, IN SUPPORT OF MOTION TO STAY filed by Ernest N. Finley, Jr, Les Hayes, III, Kevin Murphy, Todd Strange, The City of Montgomery, Alabama. Modified on 5/26/2017 to include "corrected."
06/07/2017
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: 143 Notice of Appeal, 144 Notice of Appeal, Appeal No. 17-11554-JJ. The entire record on appeal is available electronically. (Text entry; no document attached.)
163
06/26/2017
ORDER of USCA as to 143 Notice of Appeal, 11th Circuit Appeal No. 17-11554-JJ; The "Motion for Leave to File Brief of Amici Curiae the Alabama League of Municipalities; the Alabama Municipal Insurance Corporation; and the Georgia Municipal Association, Inc. in Support of Defendants-Appellants and for Reversal" is GRANTED. Frank M Hull, UNITED STATES CIRCUIT JUDGES.
164
08/09/2017
ORDER GRANTING 158 MOTION to Stay further proceedings in this case pending action by the Eleventh Circuit to resolve the issues before it in The City of Montgomery, Alabama, et al. v. Angela McCullough, et al., Case No. 17-11554 (11th Cir.), and Les Hayes, III v. Angela McCullough, et al., Case No. 17-11555 (11th Cir.). Signed by Honorable Judge Royce C. Lamberth on 8/9/17.
165
08/15/2017
Appeal Remark re 143 Notice of Appeal, 144 Notice of Appeal : 11th Circuit Appeal No. 17-11554-JJ: USCA Letter addressed to Mary Mangan stating: Attorney Mangan's motion to withdraw is GRANTED.
166
08/17/2017
ORDER of USCA as to 143 Notice of Appeal, filed by Todd Strange, Kevin Murphy, Ernest N. Finley, Jr., The City of Montgomery, Alabama, and 144 Notice of Appeal filed by Les Hayes, III 11th Circuit Appeal No. 17-11554-JJ: The motion to amend our order of 7/18/2017 is GRANTED. The 7/18/2017 order is VACATED. The order is hereby reissued as follows. The motion of Plaintiffs-Appellees to dismiss this appeal is GRANTED IN PART and DENIED IN PART as further set out in the order. The appeal may proceed to the extent any individual defendant is appealing from the denial of judicial, qualified, or discretionary function immunity. The appeal is dismissed in all other respects. Before HULL, MARCUS and ROSENBAUM, Circuit Judges. BY THE COURT.
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