Pritchard et al v. Alabama Power Company (MAG+)

Filing 21

JUDGMENT overruling the 19 Plaintiffs' objections; adopting the 18 Recommendation; granting the 14 motion to dismiss and dismissing the case in its entirety without prejudice; denying as moot the 9 motion to dismiss and alternative motio n to stay; taxing costs against plaintiffs for which execution may issue; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 8/17/2011. (Attachments: # 1 Civil Appeals Checklist)(br, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

JAMES CARL PRITCHARD, JR.,
individually, and
GAYNELLE P. WILLOUGHBY,
individually,
Plaintiffs,
v.
ALABAMA POWER COMPANY,
Defendant.

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CIVIL ACTION NO.
3:11cv228-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiffs

James

Carl

Pritchard,

Jr.

and

Gaynelle P. Willoughby’s objections (doc. no.
19) are overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 18) is adopted.
(3) Defendant

Alabama

Power

Company’s

motion

to

dismiss (doc. no. 14) is granted and this case

is dismissed in its entirety without prejudice.
(4) Defendant

Alabama

Power

Company’s

motion

to

dismiss and alternative motion to stay (doc. no.
9) are denied as moot.
It is further ORDERED that costs are taxed against
plaintiffs Pritchard and Willoughby, for which execution
may issue.
The clerk of the 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 closed.
DONE, this the 17th day of August, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE