Reynolds v. Dept/Transportation, et al

Filing 8646

OPINION AND ORDER directing as follows: (1) the plfs' 8544 objections are overruled; (2) the defs' 8542 objections are overruled; (3) the 8531 special master's recommendation is adopted; (4) the defs' 8410 motion for summa ry judgment is granted on claimant Jeff Pennington's individual-contempt claim regarding "job rotation"; (5) the defs' 8410 motion for summary judgment is denied on claimant Pennington's individual-contempt claim regarding "promotion"; (6) judgment is entered in favor of the defs and against the plfs as to claimant Pennington's individual-contempt claim regarding "job rotation"; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 4/29/10. (Attachments: # 1 civil appeals checklist)(djy, )

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 (WO)

OPINION AND ORDER This long-standing litigation is now before the court on the special master's recommendation that the

defendants' motion for summary judgment on claimant Jeff Pennington's individual-contempt claims should be granted in part and denied in part. The special master

recommends that the defendants' motion should be granted on Pennington's "job-rotation" claim and denied on his "promotion" claim. filed objections The plaintiffs and defendants have to the recommendation. After an

independent and de novo review of the record, the court concludes that the objections should be overruled and the

recommendation adopted. Summary judgment is granted only as to Pennington's "job-rotation" claim. It is best that

the special master be allowed to have a hearing on Pennington's "promotion" claim. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs' objections (Doc. No. 8544) are overruled. (2) The defendants' objections (Doc. No. 8542) are overruled. (3) The special master's recommendation (Doc. No. 8531) is adopted. (4) The defendants' motion for summary judgment

(Doc. No. 8410) is granted on claimant Jeff Pennington's individual-contempt claim regarding "job rotation." (5) The defendants' No. motion is for summary on judgment claimant

(Doc.

8410)

denied

2

Pennington's individual-contempt claim regarding "promotion." (6) Judgment is entered in favor of the defendants and against the plaintiffs as to claimant

Pennington's individual-contempt claim regarding "job rotation." It is further ORDERED that this matter is referred back to the special master for further appropriate

proceedings. DONE, this the 29th day of April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE