Henderson et al v. Bentley et al

Filing 66

ORDERED that: (1) The dfts' 55 Motion for Extension of Deadline for the Rule 26(f) Report is granted; (2) The Rule 26(f) discovery plan shall be filed as soon as practicable but not later than 10/17/2011; (3) The plfs' 60 Motion for Lea ve to File Second Amended Complaint is granted, as further set out in order; (4) Any response to the 61 Second Amended Complaint is due on 10/17/2011, as further set out in order; (5) Finally, the dfts are allowed until 10/17/2011, to file any stat ement as to how the addition of the three plfs will affect, if at all, class certification. Signed by Honorable Judge Myron H. Thompson on 10/3/2011. (wcl, ) (Main Document 66 replaced on 10/3/2011 to attach the correct PDF document due to a clerical error) (wcl, ). Modified on 10/3/2011 (wcl, ).

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LOUIS HENDERSON, et al., Plaintiffs, v. KIM THOMAS, Commissioner, Alabama Department of Corrections, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:11cv224-MHT (WO) It is ORDERED that: (1) The defendants’ motion for extension of deadline for the Rule 26(f) report (Doc. No. 55) is granted. (2) The Rule 26(f) discovery plan shall be filed as soon as practicable but not later than October 17, 2011. (3) The plaintiffs’ motion for leave to file second amended complaint (Doc. No. 60) is granted. The court assumes that the defendants have no objection to the allowance of the amendment; however, if they do, they must file the objection within seven days from the date of this order. (4) Any response to the second amended complaint (Doc. No. 61) is due on October 17, 2011. As noted at the September 16, 2011, oral argument, the court assumes that all motions opposing the first amended complaint (Doc. No. complaint. 31) are applicable to the second amended Thus, any response should be limited to addressing any issues raised by the naming of three additional plaintiffs. (5) Finally, the defendants are allowed until October 17, 2011, to file any statement as to how the addition of the three plaintiffs will affect, if at all, certification. DONE, this the 3rd day of October, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE class

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