Cunningham v. Honeywell International, Inc.

Filing 162

Order certifying constitutional question. Should the Attorney General wish to intervene, he is ordered to do so on or before 6/13/2011. ( Intervention deadline set for 6/13/2011.). Signed by Judge Kristi K. DuBose on 4/12/2011. (certified mail to State of Alabama Attorney General) 70092820000109631990 (cmj)

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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 ) ) ) ) CERTIFICATE PURSUANT TO 28 U.S.C. § 2403 On behalf of this Court and pursuant to 28 U.S.C. § 2403(b) and Fed. R. Civ. P. 5.1(b), I certify to the Attorney General of the State of Alabama that in this case there is drawn into question the constitutionality of Alabama’s Wrongful Death Act, Ala. Code § 6-5-410 (1975), a statute affecting the public interest. This constitutional question is raised in Defendant Ford Motor Company’s Answer (Doc. 119). Pursuant to Fed. R. Civ. P. 5.1(c), if the Attorney General of the State of Alabama wishes to intervene in this case, he is ORDERED to do so on or before June 13, 2011. The Clerk of Court is hereby ORDERED to send the Attorney General of the State of Alabama a certified copy of this certificate via certified mail. CERTIFIED and ORDERED this the 12th day of April, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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