West Alabama Women's Center et al v. Miller

Filing 79

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that the 77 joint motion to dismiss is granted and that dft H. Joseph Falgout is dismissed without prejudice from this action, as further set out in judgment; DIRECTING the clerk to termi nate dft Falgout as a party; 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 8/4/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION WEST ALABAMA WOMEN’S CENTER, et al., Plaintiffs, v. THOMAS M. MILLER, M.D., in his official capacity as State Health Officer, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:15cv497-MHT (WO) JUDGMENT Upon agreement of the parties, it is the ORDER, JUDGMENT, and DECREE of the court that the joint motion to dismiss (doc. no. 77) is granted and that defendant H. Joseph Falgout is dismissed without prejudice from this action. Defendant Falgout and his employees, agents, and successors in office shall be bound by the terms of any Temporary Restraining Order and/or Injunction issued against the Attorney General and/or any of the other defendants by any court in this action so long as such relief remains in effect as to any party. However, defendant Falgout and his employees, agents, and successors shall not be liable for any award of attorneys’ fees, costs, or other monetary damages that might be included as part of such relief. Nor shall defendant Falgout and his employees, agents, and successors be bound by any relief that is subsequently reversed, vacated, set aside, or otherwise limited as defendants. agents, and to the Attorney However, successors General defendant may and/or Falgout, take no his any other employees, enforcement action premised on a violation of SB 363 that occurred while such relief was in effect. The clerk of the court is DIRECTED to terminate defendant Falgout as a party. The clerk of 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 4th day of August, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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