Dunn et al v. Thomas et al

Filing 2795

PHASE 1 ORDER REGARDING TELECONFERENCE ON PROPOSED ADA MODIFICATIONS: Accordingly, it is ORDERED that the ADA fairness hearing remains as set, to be conducted by teleconference, since the inmate comment forms were processed in a timely manner and the court does not desire to hear oral testimony from class members. Signed by Honorable Judge Myron H. Thompson on 4/1/2020. (furn; ag, calendar)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
v.
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

PHASE 1 ORDER REGARDING TELECONFERENCE ON
PROPOSED ADA MODIFICATIONS
This court recently ordered that the ADA fairness
hearing set for April 13, 2020, will be conducted by
teleconference, but that if the inmate comment forms
cannot be processed in a timely manner or the court
desires to hear from one or more inmates, the court
will revisit the issue of a continuance.

See Phase 1

Order Regarding Proposed ADA Modifications (doc. no.
2785).

The court has now reviewed the approximately 60

comments received on the proposed modifications to the
settlement

agreement,

see

Comments

Mailed

(First

Collection) (doc. no. 2769); Comments Mailed (Second
Collection) (doc. no. 2774); Comments From Facilities
(doc.

no.

2787);

Comments

Mailed

(Third

Collection)

(doc. no. 2794), as well as the parties’ summary by
topic and response to the comments, see Joint Statement
in Support of Proposed Modification (doc. no. 2791) at
12-14

(response

to

comments);

Exhibit

A

to

Joint

Statement (doc. no. 2791-1) (summary of comments).*

In

light of the comments, the parties “do not find that
oral

comments

by

the

Class

are

necessary.”

Statement (doc. no. 2791) at 16-17.

Joint

The court agrees

with the parties.
***
Accordingly, it is ORDERED that the ADA fairness
hearing

remains

teleconference,
*

as

since

set,
the

to

inmate

be

conducted

comment

forms

by
were

The parties did not review the total of two
comments in the third collection of comments received
by mail (doc. no. 2794), because these comments were
docketed on April 1, 2020, after the parties submitted
their joint statement (doc. no. 2791). The parties can
correct the court if they believe their joint statement
should be updated in any material way, although the
court does not think this will be necessary.
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processed in a timely manner and the court does not
desire to hear oral testimony from class members.
DONE, this the 1st day of April, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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