Stearns v. Inmate Services Corporation et al

Filing 91

ORDER adopting 85 Proposed Findings and Recommended Disposition in all respects. 70 Motion for summary judgment is granted in part and denied in part. Plaintiff's 1983 claims against Defendants ISC and Does dismissed with prejudice; All rema ining state law claims are dismissed without prejudice. 50 Motion for class certification is denied as moot. Consolidation with 3:18-cv-00015 BRW is terminated and the two cases are severed. 80 and 89 Motions should now be pending in case 3:18-cv-00015 BRW. Signed by Judge Billy Roy Wilson on 11/28/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DANZEL STEARNS
VS.

PLAINTIFF
3:16CV00339-BRW-JJV (lead case)

INMATE SERVIES CORPORATION;
and DOES 1 to 100

DEFENDANTS

MICHAEL PETERS
vs.

PLAINTIFF
3:18CV00015-BRW (consolidated case)

INMATE SERVICES CORPORATION

DEFENDANT

NATIONAL CONTINENTAL INSURANCE COMPANY

INTERVENING PLAINTIFF

vs.
DANZEL STEARNS;
INMATE SERVICES CORPORATION;
DOES 1 to 100;
SCOTTSDALE INSURANCE COMPANY

INTERVENING DEFENDANTS

ORDER
I have reviewed the Proposed Findings and Recommended Disposition (Doc. No. 85)
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s objections. After
carefully considering the objections and making a de novo review of the record, I approve and
adopt the Proposed Findings and Recommended Disposition in all respects.
Accordingly, Defendants’ Motion for Summary Judgment (Doc. No. 70) is GRANTED
IN PART and DENIED IN PART as set out below:
1. Plaintiff’s § 1983 claims against Defendants ISC and Does are DISMISSED with
prejudice; and
2. All remaining state law claims brought by Plaintiff and the Intervenors are
DISMISSED without prejudice.

3. Plaintiff’s Motion for Class Certification (Doc. No. 50) is DENIED as MOOT..
This case is CLOSED.
Consolidation of this case with Peters v. Inmate Services Corp., 3:18CV00015 BRW is
TERMINATED and the two cases are SEVERED. The pending motion for Class Certification
(Doc. No. 80) and the Motion for Extension of Time (Doc. No. 89) should now be pending in the
other case -- 3:18CV00015 BRW.
IT IS SO ORDERED this 28th day of November, 2018.

/s/ Billy Roy Wilson ______________
UNITED STATES DISTRICT JUDGE