Collier v. Harland Clarke Corp, No. 2:2015cv01006 - Document 17 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION AND ORDER This court stayed this action pending a decision of the Eleventh Circuit in Savage v. Secure First Credit Union. In light of the Eleventh Circuit's opinion the stay is LIFTED, and defendant's motion to dismiss i s DENIED to the extent Federal Rule of Civil Procedure 8 permits alternative pleading. However the parties should take note of this court's opinion in Jones v. Allstate Insurance Co., 2:14-cv-1640-WMA, August 12, 2016. The undersigned to whom this case is assigned does not employ the "Uniform Initial Order" found on the court's website; see within for further instruction. Signed by Judge William M Acker, Jr on 8/12/16. (SAC )(SAC, )
Download PDF
Collier v. Harland Clarke Corp Doc. 17 FILED 2016 Aug-12 PM 02:50 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBERT COLLIER JR., } } } } } } } } } Plaintiff, v. HARLAND CLARKE CORP., Defendant. CIVIL ACTION NO. 2:15-CV-1006-WMA MEMORANDUM OPINION AND ORDER This court stayed the above-entitled decision of the Eleventh Circuit action pending a in Savage v. Secure First Credit Union, Case No. 15-12704 (11th Cir.). On May 25, 2016, the in Eleventh Circuit issued an Opinion Savage and subsequently on August 4, 2016 issued its mandate. In light of the Eleventh Circuit’s opinion plaintiff’s motion to lift stay is GRANTED, the stay is LIFTED, and defendant’s motion to dismiss is DENIED to the extent Federal Rule of Civil Procedure 8 permits alternative pleading. However, the parties should take note of this court’s opinion in Jones v. Allstate Insurance Co., 2:14-cv-1640-WMA, August 12, 2016, and recognize that defendants are permitted to raise at summary judgment their argument that “but-for” causation is incompatible with simultaneous age, disability, and retaliation claims. Dockets.Justia.com The parties are hereby reminded that the case is governed by the Federal Rules of Civil Procedure, including local rule variations. The parties should pay particular attention to Fed. R. Civ. Proc. 26 and 16 and should with their initial report notify the court if the case should be evaluated for proceeding upon any of the tracks provided by this court's Alternative Dispute Resolution Plan. THE UNDERSIGNED TO WHOM THIS CASE IS ASSIGNED DOES NOT EMPLOY THE “UNIFORM INITIAL ORDER” FOUND ON THE COURT’S WEBSITE. DONE this 12th day of August, 2015. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE