Dunn et al v. Thomas et al

Filing 2856

ORDER FOR REPLACEMENT ARBITRATOR: This court recently terminated Magistrate Judge John Ott as a judge in this case upon his retirement. See Order (doc. no. 2837 ). Judge Ott had previously served in multiple roles, including as arbitrator of disp utes arising out of consent decrees resolving claims brought under the Americans with Disabilities Act, 42 U.S.C. 12131, et seq. and 504 the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq. The parties specifically named Judge Ott as the arbitrato r in the Phase 1 consent decree (doc. no. 728 )and agreed to use the same dispute resolution process in the Phase 2A consent decree (doc. no. 1291 ). Further, the court understands that there is one such arbitration currently pending. See Order (do c. no. 6 ), In re: Patrick Joseph Charest Request for Arbitration in the Braggs Litigation, No. 19-misc-3852, as further set out in order. Accordingly, it is ORDERED as follows: (1) The parties are to meet and confer on whether they can agree upon a replacement arbitrator. (2) The parties are to file, by noon on July 6, 2020, a joint statement updating the court as to whether there is an agreement for a replacement arbitrator and, if so, who that person is. (3) If there is no agreement, the par ties are allowed until noon on July 6, 2020, to petition the court to choose and appoint a replacement arbitrator in accordance with the process set forth in the Phase 1 Consent Decree (doc. no. 728 ). The clerk of the court is to furnish a copy of this order to Magistrate Judge John Ott. Signed by Honorable Judge Myron H. Thompson on 6/26/2020. (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)

ORDER FOR REPLACEMENT ARBITRATOR
This

court

recently

terminated

Magistrate

Judge

John Ott as a judge in this case upon his retirement.
See Order (doc. no. 2837).

Judge Ott had previously

served in multiple roles, including as arbitrator of
disputes

arising

out

of

consent

decrees

resolving

claims brought under the Americans with Disabilities
Act,

42

U.S.C. § 12131,

et

seq.

and § 504

the

Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.
The

parties

specifically

named

Judge

Ott

as

the

arbitrator in the Phase 1 consent decree (doc. no. 728)

and agreed to use the same dispute resolution process
in

the

Phase

2A

consent

decree

(doc.

no.

1291).

Further, the court understands that there is one such
arbitration currently pending.

See Order (doc. no. 6),

In re: Patrick Joseph Charest Request for Arbitration
in the Braggs Litigation, No. 19-misc-3852.
The
Judge

consent
Ott

disputes,

...
the

arbitrator.”
71 n.15.

decrees

contemplate

becomes

Parties

that

unavailable

will

agree

upon

to
a

“[i]f

...

arbitrate
replacement

Phase 1 Consent Decree (doc. no. 728) at

Further, “[i]f the Parties are unable to

agree upon a replacement arbitrator, they will petition
the Court to appoint a replacement arbitrator who will
be a current or former U.S. Magistrate Judge from one
of the U.S. District Courts sitting in Northern, Middle
or Southern Districts of Alabama.”

Id.

***
Accordingly, it is ORDERED as follows:
(1) The parties are to meet and confer on whether
they can agree upon a replacement arbitrator.
2

(2) The parties are to file, by noon on July 6,
2020, a joint statement updating the court as
to

whether

replacement

there

is

arbitrator

an
and,

agreement
if

so,

for

who

a

that

person is.
(3) If

there

is

no

agreement,

the

parties

are

allowed until noon on July 6, 2020, to petition
the court to choose and appoint a replacement
arbitrator in accordance with the process set
forth in the Phase 1 Consent Decree (doc. no.
728).
The clerk of the court is to furnish a copy of
this order to Magistrate Judge John Ott.
DONE, this the 26th day of June, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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