Wilson v. Doss et al

Filing 154

ORDER that Plaintiff's 150 Motion for Entry of Final Judgment and Plaintiff's 151 Emergency MOTION to Stay are due to be and hereby are GRANTED. A partial final judgment will be entered separately. It is further ORDERED that the 12/10/ 2012 trial setting and all pending deadlines in this case are STAYED in accordance with the provisions of this Order. Plaintiff Judson Wilson's claims against Defendant Billy Gene Doss remain pending. Signed by Honorable Judge Mark E. Fuller on 11/27/2012. (Deadlines terminated: Jury Selection set for 12/10/2012, Jury Trial set for 12/17/2012.) Copies furnished to calendar group, WR. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JUDSON WILSON,
Plaintiff,
v.
BILLY GENE DOSS, et al.,
Defendants.

)
)
)
)
)
)
)
)

CASE NO. 2:09-cv-21-MEF
(WO – Do Not Publish)

ORDER
Before the Court are Plaintiff’s Motion for Entry of Final Judgment (Doc. #150) and
Plaintiff’s Emergency Motion to Stay (Doc. #151). Pursuant to Rules 54(b) and 58 of the
Federal Rules of Civil Procedure and the reasons set forth below, both motions are due to be
GRANTED.
I. PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT
Plaintiff’s Motion for Entry of Final Judgment requests that the Court enter final
judgment pursuant to Rule 54(b) as to Defendants City of Montgomery, Art Baylor, Terry
Reid, Jerry McQueen, William E. Herman, and John Carnell (collectively, the “City
Defendants”). Plaintiff Judson Wilson (“Plaintiff”) seeks an entry of final judgment so that
he may immediately appeal the Court’s Memorandum Opinion and Order (Doc. #149), which
granted summary judgment in favor of the City Defendants and against Wilson on all claims
asserted by Plaintiff against the City Defendants.
Following the issuance of the Court’s Memorandum Opinion and Order (Doc. #149),
the only claims pending in this case are against Defendant Billy Gene Doss, who is

incarcerated and not participating in the defense of this case. Furthermore, the claims for
which Doss is potentially liable would not be decisively influenced by any outcome for or
against the City Defendants—the liability of each Defendant is specific to that Defendant’s
allegedly wrongful conduct and the causal relation of that conduct to Plaintiff’s alleged
injuries. Considering the foregoing, the Court finds that there is no reason to delay the entry
of a partial final judgment, and therefore, the Court shall enter a final judgment as to the City
Defendants only.
II. PLAINTIFF’S EMERGENCY MOTION TO STAY
Plaintiff’s Emergency Motion to Stay requests that the trial setting, currently set for
December 10, 2012, and all pending deadlines for the case against Defendant Billy Gene
Doss be stayed pending Plaintiff’s anticipated appeal to the Eleventh Circuit Court of
Appeals of the Court’s Memorandum Opinion and Order granting summary judgment in
favor of the City Defendants on all of Plaintiff’s claims against them. In support of this
motion, Plaintiff argues that the stay of the trial will serve the interest of judicial economy
because if the Court’s summary judgment order is reversed, in whole or in part, the claims
against the City Defendants could be remanded for further proceedings, which could result
in repeated litigation of potentially identical issues. Further, Plaintiff argues that Doss is
incarcerated and has not yet participated in the defense of this case; thus, no party will be
prejudiced by the stay of these proceedings pending the resolution of Plaintiff’s anticipated
appeal.
Given Plaintiff’s representation to the Court that he will immediately appeal the
2

Court’s Memorandum Opinion and Order granting summary judgment in favor of the City
Defendants on all of Plaintiff’s claims against them, the Court finds that it is in the interest
of judicial economy and efficiency and that no party will be prejudiced by a stay of these
proceedings pending resolution of Plaintiff’s appeal. If Plaintiff fails to timely file a notice
of appeal in accordance with the Federal Rules of Appellate Procedure, this stay will be lifted
and the trial date immediately reset on the Court’s next available trial term.
III. CONCLUSION
For the reasons set forth above, Plaintiff’s Motion for Entry of Final Judgment (Doc.
#150) and Plaintiff’s Emergency Motion to Stay (Doc. #151) are due to be and hereby are
GRANTED. A partial final judgment will be entered separately. It is further ORDERED
that the December 10, 2012 trial setting and all pending deadlines in this case are STAYED
in accordance with the provisions of this Order. Plaintiff Judson Wilson’s claims against
Defendant Billy Gene Doss remain pending.
DONE this the 27th day of November, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

3