Reynolds v. Dept/Transportation, et al

Filing 9140

JUDGMENT directing that the individual contempt claims ( 1921 , 1922 , 1923 , 1924 , 1925 , 1926 , 1927 , 1928 , 1929 , and 1930 ) of Marvin Adams, Sandy Bell, Willie Coon, Christopher Delaine, Bruce Hicks, Ray Jones, Roy McClain, Lee Ross, Barry Walker, and Milton Williams are dismissed with prejudice, as further set out in judgment. Signed by Honorable Judge Myron H. Thompson on 11/23/15. (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.

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CIVIL ACTION NO.
2:85cv665-MHT
(WO)

JUDGMENT
On August 17, 2015, pursuant to Federal Rule of Civil
Procedure 25(a)(1),

the defendants noted upon the record

the suggestion of death or incapacity for ten individual
contempt

claimants.

Those

ten

claimants

are:

Marvin

Adams, (doc. no. 1921), Sandy Bell, (doc. no. 1922)
Willie Coon, (doc. no. 1923) Christopher Delaine, (doc.
no. 1924) Bruce Hicks, (doc. no. 1925) Ray Jones, (doc.
no. 1926) Roy McClain, (doc. no. 1927) Lee Ross, (doc.
no.

1928)

Barry

Walker,

Williams, (doc. no. 1930).

(doc.

no.

1929)

and

Milton

Once a suggestion of death has been noted on the
record, a decedent’s successor or representative has 90
days to file a motion to substitute or to dispute the
suggestion of death. “If the motion is not made within 90
days after service of the statement noting the death, the
action by or against the decedent must be dismissed.”
Fed. R. Civ. P. 25(a)(1).

The 90th day, not including

the day of service, occurred on November 16, 2015. No
motion to substitute with respect to any of the above
noted individuals has been filed.
***
Accordingly,

it

is

ORDERED

that

the

individual

contempt claims of Marvin Adams, Sandy Bell, Willie Coon,
Christopher Delaine, Bruce Hicks, Ray Jones, Roy McClain,
Lee Ross, Barry Walker, and Milton Williams are dismissed
with prejudice.
DONE, this the 23rd day of November, 2015.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE