Dunn et al v. Thomas et al

Filing 3362

ORDER: Based on the representations made on the record during the status conference on 7/21/2021, it is ORDERED that the plfs' 3354 motion to strike and the dfts' 3356 motion for extension of time are denied as moot, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/2021. (wcl, )

Case 2:14-cv-00601-MHT-JTA Document 3362 Filed 07/21/21 Page 1 of 2

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
Based on the representations made on the record
during the status conference on July 21, 2021, it is
ORDERED that the plaintiffs’ motion to strike (Doc. 3354)
and the defendants’ motion for extension of time (Doc.
3356) are denied as moot, as set forth below.

The

exhibits that are the subject of the plaintiffs’ motion
were

offered

by

the

defendants

in

support

of

their

argument that the court had the legal authority to modify
the existing understaffing remedial order.

See Defs.’

Br. on the Court’s Authority to Grant Relief Regarding

Case 2:14-cv-00601-MHT-JTA Document 3362 Filed 07/21/21 Page 2 of 2

Staffing (Doc. 3349).

The court has already determined

that it has the authority to modify the understaffing
order under Federal Rule of Civil Procedure 54(b).
Order (Doc. 3352).

Accordingly, the plaintiffs’ motion

to strike is moot.
evidence
issues

regarding

presented

remedial

See

The exhibits were not offered as
how

in

the

the

proceedings,

court

recently
including

should

resolve

concluded
what,

if

the

omnibus
any,

modifications to the understaffing remedial order may be
appropriate, and the court will not consider the exhibits
for that purpose.
DONE, this the 21st day of July, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE