Reynolds v. Dept/Transportation, et al

Filing 8882

ORDER that: (1) The special master's 8841 recommendation on procedures to effect the decertification of the hiring class is adopted; (2) The proposed notice, attached to 8841 recommendation as Exhibit A, is approved; (3) To the extent possi ble, all those who returned 'Participation' or 'Opt-out' forms are to receive personal notice, and class members who returned neither form are also to receive personal notice to the extent their addresses can be reasonably ascert ained; (4) Personal notice by First Class Mail will be utilized; (5) The cost for confirming addresses, printing the notices, and mailing the notices will be paid from the contempt fines on account with the court. At the appropriate time, counsel f or the parties are to get with the clerk of the court to arrange for disbursement of funds for the payment; (6) Within 35 days from the date of this order, the plaintiffs' counsel and the defendants' counsel are to submit to the special m aster for approval or disapproval by recommendation a joint budget and description of services from a third-party vendor who can provide the services required to ensure notice to class members of the decertification; (7) Within 56 days after the com pletion of the attempted notice of decertification, the plaintiffs' counsel and the defendants' counsel are to submit to the special master for approval or disapproval by recommendation a joint report setting forth their position or positions on the adequacy of the decertification notice. Signed by Honorable Judge Myron H. Thompson on 7/30/2012. (cc, )

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)

ORDER
After

an

independent

and

de

novo

review

of

the

record, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The special master’s recommendation on procedures
to effect the decertification of the hiring class (doc.
no. 8841) is adopted.
(2) The

proposed

notice,

attached

to

the

recommendation (doc. no. 8841) as Exhibit A, is approved.
(3) To the extent possible, all those who returned
‘Participation’

or

‘Opt-out’

forms

are

to

receive

personal notice, and class members who returned neither
form are also to receive personal notice to the extent
their addresses can be reasonably ascertained.
(4) Personal notice by First Class Mail will be
utilized.
(5) The cost for confirming addresses, printing the
notices, and mailing the notices will be paid from the
contempt

fines

on

account

with

the

court.

At

the

appropriate time, counsel for the parties are to get with
the clerk of the court to arrange for disbursement of
funds for the payment
(6) Within 35 days from the date of this order, the
plaintiffs’ counsel and the defendants’ counsel are to
submit to the special master for approval or disapproval
by

recommendation

a

joint

budget

and

description

of

services from a third-party vendor who can provide the
services required to ensure notice to class members of
the decertification.

2

(7) Within
attempted

56

notice

days
of

after

the

completion

decertification,

the

of

the

plaintiffs’

counsel and the defendants’ counsel are to submit to the
special

master

recommendation
position

or

for
a

joint

positions

decertification notice.

approval
report
on

or

disapproval

setting

the

forth

adequacy

by

their

of

the

If the notice should prove to

be, in practice, inadequate, the special master and the
court will revisit the issue of adequacy of notice.
DONE, this the 30th day of July, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE