Missildine et al v. Community Action Committee, Inc. et al, No. 2:2009cv00419 - Document 122 (M.D. Ala. 2011)

Court Description: JUDGMENT as follows: (1) Defendants Community Action Committee, Inc., Community Action Agency of Chambers-Tallapoosa Coosa, Inc., David Boleware, Geneva Pearson, Mack Bradley, Virginia Robinson, and Gerry Ann Tolbert's 68 69 motions for summ ary judgment are granted as to the federal claim brought by plaintiffs Shiloh Missildine and Ashley Barlett Missildine against defendants Community Action Committee, Inc., and Community Action Agency of Chambers-Tallapoosa-Coosa, Inc. The motions are denied in all other respects. (2) Judgment is entered in favor of defendants Community Action Committee, Inc., and Community Action Agency of Chambers-Tallapoosa-Coosa, Inc. and against the Missildine plaintiffs on their federal claim, with the Miss ildine plaintiffs taking nothing as to their federal claim. It is further ORDERED that the Missildine plaintiffs' state claims are dismissed without prejudice and with leave to refile in state court. It is further ORDERED that all other outstand ing motions are denied and all outstanding objections are overruled. It is further ORDERED that costs are assessed against the Missildine plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civi l docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Myron H. Thompson on 2/2/2011. (Attachments: # 1 Civil Appeals Checklist)(br, ) term: Jury Selection and Jury Trial set for 02/28/2011

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Missildine et al v. Community Action Committee, Inc. et al Doc. 122 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION SHILOH MISSILDINE and ASHLEY BARLETT MISSILDINE, Individually and as the Next Friends and Natural Parents of M.M., a Minor, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) COMMUNITY ACTION COMMITTEE, ) INC.; COMMUNITY ACTION ) AGENCY OF CHAMBERS) TALLAPOOSA-COOSA, d/b/a ) V. ROBINSON HEAD START; ) DAVID BOLEWARE; GENEVA ) PEARSON; MACK BRADLEY; ) VIRGINIA ROBINSON; GERRY ) ANN TOLBERT; and TIMOTHY ) REESE, ) ) Defendants. ) CIVIL ACTION NO. 2:09cv419-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of this court as follows: (1) Defendants Community Action Committee, Inc., Community Action Agency of Chambers-Tallapoosa- Dockets.Justia.com Coosa, Inc., David Boleware, Geneva Pearson, Mack Bradley, Virginia Robinson, and Gerry Ann Tolbert’s motions for summary judgment (doc. nos. 68 and 69) are granted as to the federal claim brought by plaintiffs Shiloh Missildine and Ashley Barlett Missildine against defendants Community Action Committee, Inc., and Community Action Agency of Chambers-Tallapoosa-Coosa, Inc. The motions are denied in all other respects. (2) Judgment is entered in favor of defendants Community Action Committee, Inc., and Community Action Agency of Chambers-Tallapoosa-Coosa, Inc. and against the Missildine plaintiffs on their federal claim, with the Missildine plaintiffs taking nothing as to their federal claim. It is further ORDERED that the Missildine plaintiffs’ state claims are dismissed without prejudice and with leave to refile in state court. 2 It is further ORDERED that all other outstanding motions are denied and all outstanding objections are overruled. It is further ORDERED that costs are assessed against the Missildine plaintiffs, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. case is closed. DONE, this the 2nd day of February, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE This

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