Jackson v. Bennett et al

Filing 85

ORDER granting 55 Motion to Certify Class; and granting 75 Joint Motion for Conditional Certification. Sheriff Wayne Bennett is hereby dismissed from this lawsuit and Neal Jump, in his official capacity as Sheriff of Glynn County is hereby su bstituted as the Defendant. Glynn County Sheriff's Department is dismissed from this lawsuit. The Clerk of Court shall amend the caption of this case to read as follows: David L. Jackson, individually and on behalf of all other similarly situa ted individuals, Plaintiff, v. Sheriff Neal Jump, in his official capacity as Sheriff of Glynn County, Defendant, Civil Action No. 2:12cv00135. The parties shall use this caption on all future pleading. Signed by Chief Judge Lisa G. Wood on 3/26/2013. (csr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION
DAVID L. JACKSON, individually and *
on behalf of all other similarly situated *
*
individuals,

*

Plaintiff,

*

*
*

V.

*

Civil Action No. 2:12cv00135

WAYNE V. BENNETT, in his official *
*
capacity as Sheriff of Glynn County,
Georgia; and THE GLYNN COUNTY *
*
SHERIFF'S OFFICE,

*

Defendants. *
CONSENT ORDER
WHEREAS, this matter has come before the Court on the Plaintiff's Motion for
Conditional Certification (Doc. Nos. 55 and 56) and on the Parties' Joint Stipulation for
Conditional Certification, and
WHEREAS, the Court has considered the Plaintiff's Motion for Conditional
Certification and the Stipulation, and exhibits thereto, and, on considering the same, 11
IS HEREBY ORDERED THAT:
1.

Plaintiff's Motion for Conditional Certification is granted under the terms

of, and for the purposes set out in, the Parties' Stipulation. The relevant jobs and time
periods consist of all current and former detention officers who worked at the Glynn
County Detention Center at any time during the three-year period preceding the date of
this Order.

2.

Plaintiff's counsel shall send notice to potential opt-in Plaintiffs as set out

in the Parties' Joint Stipulation for Conditional Certification.
3.

Sheriff Wayne Bennett is hereby dismissed from this lawsuit and "Neal

Jump, in his official capacity as Sheriff of Glynn County" is hereby substituted as the
Defendant. Fed. R. Civ. Pro. 25(d). Since the Glynn County Sheriff's Office is not an
entity capable of being sued, it is hereby dismissed from this lawsuit. See, e.g., Vann v.

Glynn County Sheriffs Dept., CIV.A. CV206-028, 2006 WL 839373 (S.D. Ga. Mar. 29,
2006); Lawal v. Fowler, 196 Fed. Appx. 765, 768 (11th Cir.2006); Nesbitt v. Chatham County

Sheriffs Dept., CV406-167, 2006 WL 3248383*2 (S.D. Ga. Nov. 6, 2006).
4.

It is further ordered that the Clerk of the Court shall amend the caption of

this case to read as follows: David L. Jackson, individually and on behalf of all other similarly

situated individuals, Plaintiff, v. Sheriff Neal Jump, in his official capacity as Sheriff of Glynn
County, Defendant, Civil Action No. 2:12cv00135. The parties shall use this caption on all
I

future pleadings.
SO ORDERED, this

day

41L

1J"

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Lisa G6d15 Wood
Chief Judge, United States District Court
Southern District of Georgia