Smith et al v. City of Montgomery et al

Filing 98

JUDGMENT re 93 stipulation of the parties: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The claim brought by plf Kaneshia Haigler, as guardian and next friend of S.M., a minor, is dismissed with prejudice as to plf Haigler 9;s own ability to bring future litigation on S.M.'s behalf; (2) The claim brought by plf Kaneshia Haigler, as guardian and next friend of S.M., a minor, is dismissed without prejudice as to S.M.'s ability to bring future litigation on her own behalf, as further set out in judgment; further ORDERED that the parties are to bear their own costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/22/2014. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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

CAROLYN SMITH; ISAIAH
SMITH; ANTONIO HAIGLER;
and KANESHIA HAIGLER, as
guardian and next friend
of the minor, S.M.,
Plaintiffs,
v.
CORPORAL FERDERDAR
FANNIN, et al.,
Defendants.

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CIVIL ACTION NO.
2:12cv1037-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date and
pursuant to the stipulation of the parties (doc. no.
93), it is the ORDER, JUDGMENT, and DECREE of the court
as follows:
(1) The claim brought by plaintiff Kaneshia Haigler,
as

guardian

and

next

friend

of

S.M.,

a

minor,

is

dismissed with prejudice as to plaintiff Haigler’s own
ability to bring future litigation on S.M.’s behalf.

(2) The claim brought by plaintiff Kaneshia Haigler,
as

guardian

and

next

friend

of

S.M.,

a

minor,

is

dismissed without prejudice as to S.M.’s ability to bring
future litigation on her own behalf.

If either plaintiff

Haigler or defendant Ferderdar Fannin seeks a dismissal
that

binds

S.M.,

he

or

she

must

file

a

motion

for

reconsideration within seven days from the date of this
judgment, asking that the court set aside this judgment
and hold a fairness hearing.
It is further ORDERED that the parties are to bear
their own costs.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 22nd day of July, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE