Reynolds v. Dept/Transportation, et al

Filing 9394

ORDER: it is ORDERED that the parties' 9366 joint motion is granted to the following extent: 1) The 9358 stipulation of dismissal is corrected to remove Robert Smiley; The clerk of court shall note the correction on the docket text for th e stipulation; 2) The 9359 judgment is amended to remove Robert Smiley for the list of individuals whose claims were dismissed; The clerk of court shall note the correction on the docket text for the judgment and shall correct the docket to reflect that pro se claimant Robert Smiley is an active plaintiff; 3) The clerk of court shall mail a copy of this order to Smiley at his last known address; The court will enter orders on the pending 9293 motion for summary judgment as to Smiley's claim and the related 9349 report and recommendation shortly. Signed by Honorable Judge Myron H. Thompson on 8/9/2021. (amf, )

Case 2:85-cv-00665-MHT-SMD Document 9394 Filed 08/09/21 Page 1 of 3

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHNNY REYNOLDS, et al.,

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)
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)
)
)
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Plaintiffs,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, et al.,
Defendants.

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

ORDER
This case is before the court on the joint motion
to correct the order dismissing the individual contempt
claims

of

Robert

Smiley

and

the

stipulation

of

dismissal upon which said order was based (Doc. 9366).
According to the motion, plaintiff Robert Smiley was
erroneously
dismissal

included

(Doc.

9358)

on

a

listing

joint
many

stipulation
other

of

individual

contempt claimants having their claims dismissed.

The

court then entered a judgment (Doc. 9359) dismissing
the claims of the individuals listed in the parties’
joint stipulation, incorrectly including Smiley.

The

Case 2:85-cv-00665-MHT-SMD Document 9394 Filed 08/09/21 Page 2 of 3

parties have thus requested that the court remove his
name from the stipulation of dismissal and the court’s
judgment.

They cite Federal Rules of Civil Procedure

60(a) and (b)(1) and (6) as authorizing the correction.
Rule

60(a)

authorizes

the

court

to

“correct

a

clerical mistake or a mistake arising from oversight or
omission whenever one is found in a judgment, order, or
other part of the record.”

Fed. R. Civ. P. 60(a).

This rule allows the court to correct the stipulation
of dismissal, which included a clerical mistake.
As

for

the

judgment,

Rule

60(b)

authorizes

the

court to “relieve a party or its legal representative
from a final judgment, order, or proceeding for ... (1)
mistake, inadvertence, surprise, or excusable neglect;
... or (6) any other reason that justifies relief.”
Fed. R. Civ. P. 60(b)(1) & (6).

The court finds that

ICC claimant Robert Smiley should be relieved from the
final judgment against him because it was entered due
to a mistake.
***
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Case 2:85-cv-00665-MHT-SMD Document 9394 Filed 08/09/21 Page 3 of 3

Accordingly, it is ORDERED that the parties’ joint
motion (Doc. 9366) is granted to the following extent:
(1) The

stipulation

of

dismissal

corrected to remove Robert Smiley.

(Doc.

9358)

is

The clerk of court

shall note the correction on the docket text for the
stipulation.
(2) The judgment (Doc. 9359) is amended to remove
Robert Smiley for the list of individuals whose claims
were dismissed.
correction
shall

on

correct

The clerk of court shall note the

the
the

docket

text

docket

to

for

the

reflect

judgment
that

and

pro

se

claimant Robert Smiley is an active plaintiff.
(3) The clerk of court shall mail a copy of this
order to Smiley at his last known address.
The court will enter orders on the pending motion
for summary judgment as to Smiley’s claim (Doc. 9293)
and the related report and recommendation (Doc. 9349)
shortly.
DONE, this the 9th day of August, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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