Reynolds v. Dept/Transportation, et al

Filing 8788

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, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOHNNY REYNOLDS, et al.,

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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