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, ).

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.

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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