Reynolds v. Dept/Transportation, et al

Filing 8647

OPINION AND ORDER directing as follows: (1) the plfs' 8578 objections are overruled; (2) the defs' 8565 objections are overruled; (3) the 8559 special master's recommendation is adopted; (4) the defs' 8457 motion for summa ry judgment is granted on claimant Elred Jones's individual-contempt claims regarding "training" and "instatement"; (5) the defs' 8457 motion for summary judgment is denied on claimant Jones's individual-contempt claim regarding "job-rotation"; (6) judgment is entered in favor of the defs and against the plfs as to claimant Jones's individual-contempt claim regarding "training" and "instatement"; 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 Elred Jones'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 Jones's "training" and "instatement" claims and denied on his "job rotation" claim. filed objections to The plaintiffs and defendants have 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 Jones's "training" and "instatement" claims. It is

best that the special master be allowed to have a hearing on Jones's "job rotation" claim.

*** It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs' objections (Doc. No. 8578) are overruled. (2) The defendants' objections (Doc. No. 8565) are overruled. (3) The special master's recommendation (Doc. No. 8559) is adopted. (4) The defendants' motion for summary judgment

(Doc. No. 8457) is granted on claimant Elred Jones's individual-contempt claims regarding

"training" and "instatement."

2

(5) The

defendants'

motion

for

summary

judgment

(Doc. No. 8457) is denied on claimant Jones's individual-contempt rotation." (6) Judgment is entered in favor of the defendants and against the plaintiffs as to claimant regarding claim regarding "job-

Jones's

individual-contempt

claim

"training" and "instatement." 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