Reynolds v. Dept/Transportation, et al

Filing 9213

JUDGMENT, In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) all objections to the proposed settlement agreement are overruled; (2) the 9208 Joint MOTION for entry of final approval order, final certification of settlement class, and approval of plan of allocation is GRANTED; (3) the court approves the settlement embodied in the 9191 -2 settlement agreement, as further set out in order; (4) pursuant to FRCP 23(a) and (b)(2), a mandatory injunctive-relief settlement class, defined as further set out in order, is finallycertified; (5) Honorable Raymond Fitzpatrick, Jr. has been appointed and served as class counsel to represent the ICR Settlement Class under Federal Rule of Civil Procedure 23(g). Within 30 days of the entry of this judgment, the clerk of the court shall release $ 150,000.00 from the court registry fine fund to Attorney Fitzpatrick, as complete and just compensation to him for attorneys fees and exp enses for the ICR Settlement Class; (6) the parties have retained and consulted with Class Action Administration and secured its services to facilitate the payment of the funds under the settlement agreement to the 213 members of the ICR Settlement C lass. Within 90 days of the entry of this judgment, the clerk of the court shall release $ 213,000.00 from the court registry fine fund to Class Action Administration for immediate payment to the members of the ICR Settlement Class; (7) upon the expiration of 100 days from this date, the court will enter a partial final judgment pursuant to Federal Rule of Civil Procedure 54(b) as to all claims of the intervenors in this action, as further set out in order; (8) the 9179 REPORT AND REC OMMENDATION of the Special Master on the intervenors' second motion for partial summary judgment is withdrawn as moot; (9) the intervenors' 9086 Second MOTION for Partial Summary Judgment on the intervenors' remedial-contempt claims relating to Article 15 reclassification issues is denied as moot. Signed by Honorable Judge Myron H. Thompson on 6/7/17. (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)

JUDGMENT
In accordance with the opinion entered today, it is
the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) All

objections

to

the

proposed

settlement

agreement are overruled.
(2) The joint motion for entry of final approval
order,

final

approval

of

certification
plan

of

of

settlement

allocation

(doc.

class,

no.

9208)

and
is

granted.
(3) The court approves the settlement embodied in

the settlement agreement (doc. no. 9191-2) as being a
fair,

reasonable,

compromise

of

and

this

adequate

action;

adopts

settlement
and

approves

and
the

settlement agreement as its judgment; and orders that
the

settlement

agreement

shall

be

immediately

effective, binding, and enforced according to its terms
and conditions.
(4) Pursuant
23(a)

and

settlement

to

(b)(2),
class,

Federal
a

Rule

mandatory

defined

as

of

Civil

Procedure

injunctive-relief

follows,

is

finally

certified:
The remaining 213 non-black members are those
individual intervenors with remaining Article
15 claims identified in document number 9087-4:
that
is,
the
intervenor-contempt-relief
settlement class (ICR Settlement Class). More
specifically,
they
are
the
individual
intervenors who:
(a) Defendants
identified
as
entitled
to
reclassification
based
on
April
1994
duties (see exhibit nos. DX2184 and DX2188
from January 1998 hearing; see also doc
no. 8843, n.3);
(b) were employed by ALDOT after the May 29,
2001, fairness hearing;
2

(c) currently are employed by ALDOT or were
employed by ALDOT before 2007;
(d) have been identified as having potentially
valid
claims
for
individual-contempt
relief for potential lost pay occurring
after
May
29,
2001,
arising
from
defendants’ alleged failure to implement
in a timely manner the reclassifications
required by Article 15 of the 1994 Consent
Decree; and
(e) were not in a higher classification than
their proposed reclassification position
as of May 29, 2001. Individual-intervenor
class members meeting such criteria are
listed on Doc. no. 9087-4.
(5) Honorable

Raymond

Fitzpatrick,

Jr.

has

been

appointed and served as class counsel to represent the
ICR

Settlement

Class

Procedure 23(g).
judgment,

the

$ 150,000.00

under

Federal

Rule

of

Civil

Within 30 days of the entry of this
clerk

from

the

of

the

court

court
registry

shall
fine

release
fund

to

Attorney Fitzpatrick, as complete and just compensation
to him for attorney’s fees and expenses for the ICR
Settlement Class.
(6) The parties have retained and consulted with
3

Class Action Administration and secured its services to
facilitate
settlement

the

payment

agreement

Settlement Class.
judgment,

the

to

of
the

the
213

funds
members

under
of

the

the
ICR

Within 90 days of the entry of this

clerk

of

the

court

shall

release

$ 213,000.00 from the court registry fine fund to Class
Action

Administration

for

immediate

payment

to

the

members of the ICR Settlement Class.
(7) Upon the expiration of 100 days from this date,
the court will enter a partial final judgment pursuant
to Federal Rule of Civil Procedure 54(b) as to all
claims of the intervenors in this action.
partial

final

judgment

is

Entry of a

appropriate

in

the

circumstances of this case, and there is no just reason
for delay. Upon entry of the partial final judgment
pursuant to Federal Rule of Civil Procedure 54(b), the
clerk of the court will terminate all intervenors as
parties

to

this

action

and

will

terminate

Attorney

Fitzpatrick’s appearance as counsel of record for the
4

intervenors.
(8) The recommendation of the special master (doc.
no. 9179) on the intervenors' second motion for partial
summary judgment is withdrawn as moot.
(9)

The

intervenors'

second

motion

for

partial

summary judgment on the intervenors' remedial-contempt
claims relating to Article 15 reclassification issues
(doc. no. 9086) is denied as moot.
DONE, this the 7th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE