Adams et al v. Austal, U.S.A., L.L.C.

Filing 366

ORDER entered that this matter is before the Court on the parties Rule 41(a)(1) joint stipulation (Doc. 365) requesting the dismissal of the 21 Plaintiffs disparate impact claims, Plaintiffs withdrawal of Dr. Bradleys expert reports, and Austals wit hdrawal of its motion to exclude (Doc. 345). Pursuant to the parties Rule 41(a)(1) joint stipulation, it is ORDERED that the May 2, 2011 Daubert hearing is CANCELLED and Austals Motion to Exclude (Doc. 345) is MOOT. Additionally, the parties joint st ipulation, requesting dismissal of the 21 Plaintiffs disparate impact claims against Austal, is GRANTED. Accordingly, it is ORDERED that the disparate impact claims alleged by Plaintiffs Beverly Thomas, Carlos Johnson, Myron Barnes, Nelson Bumpers, C arolyn Slay, Gloria Sullivan, Alvin Cunningham, Frederick Carter, Franklin Thomas, Frederick Williams, Jerome Pettibone, Tesha Hollis, Jeremel Matthews, Larry Laffiette, Jr., Nathaniel Reed, George Wells, Rahman Pratt, Robert Adams, Ron Law, Jermaine Roberson and Sidney Hedgeman, against Defendant Austal USA, LLC, are hereby DISMISSED with prejudice. Nothing herein shall be construed as dismissing any of the Plaintiffs remaining claims against Defendant Austal, USA, LLC. Signed by Judge Kristi K. DuBose on 4/29/2011. (mca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION EARATON ADAMS, et al., Plaintiffs, ) ) ) ) ) ) ) vs. AUSTAL, USA, L.LC., Defendant. CIVIL ACTION NO 08-0155-KD-N ORDER This matter is before the Court on the parties’ Rule 41(a)(1) joint stipulation (Doc. 365) requesting the dismissal of the 21 Plaintiffs’1 disparate impact claims, Plaintiffs’ withdrawal of Dr. Bradley’s expert reports, and Austal’s withdrawal of its motion to exclude (Doc. 345). Pursuant to the parties’ Rule 41(a)(1) joint stipulation, which is signed by counsel for Plaintiffs and counsel for Austal, it is ORDERED that the May 2, 2011 Daubert hearing is CANCELLED and Austal’s Motion to Exclude (Doc. 345) is MOOT. Additionally, the parties’ joint stipulation, requesting dismissal of the 21 Plaintiffs’ disparate impact claims against Austal, is GRANTED. Accordingly, it is ORDERED that the disparate impact claims alleged by Plaintiffs Beverly Thomas, Carlos Johnson, Myron Barnes, Nelson Bumpers, Carolyn Slay, Gloria Sullivan, Alvin Cunningham, Frederick Carter, Franklin Thomas, Frederick Williams, Jerome Pettibone, Tesha Hollis, Jeremel Matthews, Larry Laffiette, Jr., Nathaniel Reed, George Wells, Rahman Pratt, Robert Adams, Ron Law, Jermaine Roberson and Sidney Hedgeman, against Defendant Austal USA, LLC, are hereby DISMISSED with prejudice. 1 Nothing herein shall be construed as dismissing any of the Plaintiffs’ remaining claims against Defendant Austal, USA, LLC. DONE and ORDERED this the 29th day of April, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 Plaintiffs Earaton Adams and Charles Stills did not allege disparate impact against Austal. 2

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