Cunningham v. Honeywell International, Inc.

Filing 141

Order re: #120 Notice of constitutional challenges filed by Ford Motor Company. The Court will not recognize Ford Motor Companysconstitutional challenges or certify them to the Attorney General of Alabama as set out. Defendant Ford Motor Company to promptly file anamended Notice of Constitutional Challenge which clearly states the constitutional questions it is raising in this action. Ford Motor Company is further ORDERED to serve the Attorney General of Alabama with copies of the amended notice and pleading in which it raises itsconstitutional questions. Signed by Judge Kristi K. DuBose on 4/7/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIAM M. CUNNINGHAM, JR., PERSONAL REPRESENTATIVE AND EXECUTOR OF THE ESTATE OF REBECCA C. CUNNINGHAM, DECEASED, Plaintiff, v. HONEYWELL INTERNATIONAL, INC., et al., Defendants. ) ) ) ) ) ) ) CIVIL ACTION NO. 1:10-00671-KD-C ) ) ) )

ORDER

This matter is before the Court on Defendant Ford Motor Company's Notice of Constitutional Challenge (Doc. 120), which was filed pursuant to Fed. R. Civ. P. 5.1. Fed. R. Civ. P. 5.1(a)(1) states that "[a] party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly . . . file a notice of constitutional question stating the question and identifying the paper that raises it . . ." Ford Motor Company's Notice of Constitutional Challenge fails to state on its face the constitutional questions it is raising. The notice is thus insufficient under the rule in its present form, and the Court will not recognize Ford Motor Company's constitutional challenges or certify them to the Attorney General of Alabama pursuant to it. Accordingly, it is ORDERED that Defendant Ford Motor Company promptly file an amended Notice of Constitutional Challenge which clearly states the constitutional questions it is raising in this action. Ford Motor Company is further ORDERED to serve the Attorney
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General of Alabama with copies of the amended notice and the pleading in which it raises its constitutional questions. DONE and ORDERED this the 7th day of April, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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