Reynolds v. Dept/Transportation, et al, No. 2:1985cv00665 - Document 8788 (M.D. Ala. 2012)
Court Description: OPINION AND ORDER that plaintiffs' 8755 and defendants' 8744 objections are overruled; that the special master's 8734 recommendation is adopted; that defendants' 8450 motion for summary judgment is denied on claimant Kenne th Larkin's individual-contempt "out-of-classification" and "rotation" claims; that defendants' 8450 motion for summary judgment is granted on all of claimant Larkin's other individual-contempt claims; that judgme nt is entered in favor of the defendants and against the plaintiffs as to all of claimant Larkin's individual-contempt claims except his "out-of-classification" and "rotation" claims; that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 2/13/2012. (Attachments: # 1 Civil Appeals Checklist)(cc, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOHNNY REYNOLDS, et al., ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendants. CIVIL ACTION NO. 2:85cv665-MHT OPINION AND ORDER This long-standing litigation is now before the court on the special defendants master s motion for recommendation summary judgment that on the claimant Kenneth Larkin s individual-contempt claims should be denied in part and granted in part. The special master recommends that the defendants motion should be denied on Larkin s out-of-classification and rotation claims and granted on all his other claims. the defendants recommendation. have filed The plaintiffs and objections to the After an independent and de novo review of the record, the court concludes that the objections should be overruled and the recommendation adopted. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs objections (doc. no. 8755) and the defendants objections (doc. no. 8744) are overruled. (2) The special master s recommendation (doc. no. 8734) is adopted. (3) The defendants motion for summary judgment (doc. no. 8450) is denied on claimant Kenneth Larkin s individual-contempt out-of- classification and rotation claims. (4) The defendants motion for summary judgment (doc. no. 8450) is granted on all of claimant Larkin s other individual-contempt claims. (5) Judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant 2 Larkin s individual-contempt claims except his out-of-classification and rotation claims. It is further ORDERED that this matter is referred back to the special master for further appropriate proceedings. DONE, this the 13th day of February, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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