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

Filing 399

ORDER granting in part, for reasons stated on the record, 363 Motion to Sever; granting 387 Motion to Continue as to pretrial conference and denying as to trial setting as set out; granting in part 389 Motion to Sever. This action is SEVERED FOR TRIAL with the first trial to consist of Plaintiffs Earaton Adams, Myron Barnes, Frederick Carter, Sidney Hedgeman and Carlos Johnson. The Court will determine the manner in which the remaining plaintiffs shall be severed for trial at a later date. The Pretrial conference is set for 8/25/11 at 8:00 a.m. Jury selection is set for 8/30/11 at 8:30. Trial set 9/2611 at 8:30. Signed by Judge Kristi K. DuBose on 7/28/2011. (Attachments: # 1 Standing Pretrial Order) (cmj)

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.

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CIVIL ACTION NO 08-0155-KD-N

ORDER
This matter came before the Court on this date for a hearing on the Defendant’s Motion to
Sever and Supplement thereto (Docs. 363, 389), Plaintiffs’ Opposition (Doc. 371), Defendant’s
Reply (Doc. 372), and the parties’ Joint Motion to Continue (Doc. 387).
Upon consideration and after hearing oral argument, it is ORDERED that Defendant’s
Motion to Sever (Docs. 363, 389) is GRANTED in part pursuant to Rule 42(b) of the Federal Rules
of Civil Procedure for those reasons stated on the record. Thus, this action is SEVERED FOR
TRIAL with the first trial to consist of Plaintiffs Earaton Adams, Myron Barnes, Frederick
Carter, Sidney Hedgeman and Carlos Johnson. The Court will determine the manner in which
the remaining plaintiffs shall be severed for trial at a later date.
It is further ORDERED that the parties’ Joint Motion to Continue (Doc. 387) is GRANTED
as to the Pretrial Conference setting and DENIED as to the trial setting, as follows:
1) The Final Pretrial Conference shall be held on Thursday, August 25, 2011 at
8:00 a.m. in the United States Courthouse in Mobile, Alabama (see Judge DuBose’s
Standing Order attached hereto); and

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2) This Jury action is set for Trial during the months of September and October
2011, in Mobile, Alabama, with Jury Selection commencing at 8:30 a.m. on
Tuesday, August 30, 2011,1 and Trial commencing on Monday, September 26,
2011 at 8:30 a.m.
DONE and ORDERED this the 28th day of July 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1 The parties have consented to jury selection with the Magistrate Judge.

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