West Alabama Women's Center et al v. Miller

Filing 80

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that the 78 joint motion to dismiss is granted and that dft Dr. James E. West is dismissed without prejudice from this action, as further set out in judgment; DIRECTING the clerk to termi nate dft West 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.,
Plaintiffs,
v.
THOMAS M. MILLER,
M.D., in his official
capacity as State Health
Officer, et al.,
Defendants.

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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. 78) is granted and that defendant
Dr. James E. West is dismissed without prejudice from
this action.

Defendant West 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 West 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 West and his

employees, agents, and successors be bound by any relief
that is subsequently reversed, vacated, set aside, or
otherwise limited as to the Attorney General and/or any
other

defendants.

However,

defendant

West,

his

employees, agents, and successors may take no 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 West 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