Carr v. Alabama Department of Youth Services

Filing 84

ORDER that plaintiff's 83 Objections are overruled; that magistrate judge's 80 recommendation is adopted; that defendants' 77 MOTION to Strike is denied; that defendants' 40 MOTION for Summary Judgment is denied as to plai ntiff's breach-of contract claim against defendant Alabama Department of Youth Services and said motion is granted in all other respects; that summary judgment is entered in favor defendants and against plaintiff except as to plaintiff's br each-of-contract claim against defendant Alabama Department of Youth Services; that all defendants except the Alabama Department of Youth Services are dismissed; that plaintiff's breach-of-contract claim against defendant Alabama Department of Youth Services will go to trial. Signed by Honorable Myron H. Thompson on 3/31/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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

RUBY CARR, Plaintiff, v. ALABAMA DEPARTMENT OF YOUTH SERVICES; et al., Defendants.

) ) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:07cv532-MHT

After

an

independent

and

de

novo

review

of

the

record, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's overrulled. (2) The magistrate judge's recommendation (Doc. No. 80) is adopted. (3) Defendants' motion to strike (Doc. No. 77) is denied. (4) Defendants' motion for summary judgment (Doc. No. 40) is denied as to plaintiff's breach-ofobjections (Doc. No. 83) are

contract

claim

against

defendant

Alabama

Department of Youth Services and said motion is granted in all other respect. (5) Summary judgment is entered in favor defendants and against plaintiff except as to plaintiff's breach-of-contract claim against defendant

Alabama Department of Youth Services. (6) All defendants except the Alabama Department of Youth Services are dismissed. (7) Plaintiff's breach-of-contract claim against

defendant Alabama Department of Youth Services will go to trial. DONE, this the 31st day of March, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE