West Alabama Women's Center et al v. Miller
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, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
CENTER, et al.,
THOMAS M. MILLER,
M.D., in his official
capacity as State Health
Officer, et al.,
CIVIL ACTION NO.
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.
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
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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