Case: Alabama Disabilities Advocacy Program v. Wood

COMPLAINT against J. Walter Wood, Jr (Filing fee $ 350.00 receipt number 183.), filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Index of Exhibits# 2 Exhibit A1# 3 Exhibit A2# 4 Exhibit A3# 5 Exhibit B1# 6 Exhibit B2# 7 Exhibit B3# 8 Exhibit B4# 9 Exhibit B5# 10 Exhibit B6# 11 Exhibit C# 12 Exhibit D# 13 Exhibit E# 14 Exhibit F# 15 Exhibit G# 16 Exhibit H# 17 Exhibit I# 18 Exhibit J# 19 Exhibit K1# 20 Exhibit K2# 21 Exhibit L# 22 Exhibit M# 23 Exhibit N# 24 Exhibit O)(cc, ) Additional attachment(s) added on 11/2/2007 to substitute Exhibit B2 pursuant to 20 Order (wcl, ). (Entered: 05/18/2007)

1 Index of Exhibits

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2 Exhibit A1

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3 Exhibit A2

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4 Exhibit A3

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5 Exhibit B1

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7 Exhibit B3

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8 Exhibit B4

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9 Exhibit B5

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10 Exhibit B6

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11 Exhibit C

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12 Exhibit D

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13 Exhibit E

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14 Exhibit F

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15 Exhibit G

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16 Exhibit H

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17 Exhibit I

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18 Exhibit J

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19 Exhibit K1

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20 Exhibit K2

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21 Exhibit L

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22 Exhibit M

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23 Exhibit N

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24 Exhibit O

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25 Exhibit B2 substituted per [20] Order

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Summons Issued; summons and complaint mailed by CMRRR to J. Walter Wood, Jr. (cc, ) (Entered: 05/18/2007)

Case reassigned to Judge Myron H. Thompson. Judge Mark E. Fuller no longer assigned to the case. (cc, ) (Entered: 05/24/2007)

Return Receipt Card showing service of Summons and complaint signed by Karen Gates for J. Walter Wood, Jr served on 5/29/2007, answer due 6/18/2007. (wcl, ) (Entered: 05/30/2007)

ORDER setting an on-the-record Status Conference for 6/13/2007 10:00 AM in chambers 200FMJ, FMJFCC, Montgomery, Al. before Honorable Myron H. Thompson; further ORDERING that the Hon. Thornton Dudley Perry, Jr., who served as consel for the def in the previous case (MD AL CA# 2:05cv1030-MHT), shall be present; directing the Clerk to notify Mr. Perry of this order by electronic notice, by fax, and by telephone, using his contact information from the docket in CA# 2:05cv1030-MHT. Signed by Judge Myron H. Thompson on 6/6/07. Sent to Mr. Perry via the means specified in order.(djy, ) (Entered: 06/06/2007)

Minute Entry for Status Conference held before Judge Myron H. Thompson on 6/13/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 06/13/2007)

ORDER that defendant is allowed until 9/10/2007 to file a response to the complaint. Signed by Judge Myron H. Thompson on 6/14/2007. (dmn) (Entered: 06/14/2007)

Reset Answer Deadline for J. Walter Wood, Jr. to 9/10/2007. (dmn) (see Doc. 7 for pdf)

MOTION for Extension of Time to File Response/Reply by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 09/10/2007)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to all parties; Corporate Disclosures due by 9/25/2007. (Attachments: # 1 Corporate/Conflict Attachment)(wcl, ) (Entered: 09/11/2007)

Corporate/Conflict Disclosure Statement by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 09/11/2007)

ORDER granting 8 Motion for Extension; Dft is allowed until 9/18/2007, to file a response to the complaint. Signed by Judge Myron H. Thompson on 9/14/2007. (wcl, ) (Entered: 09/14/2007)

Corporate/Conflict Disclosure Statement by Alabama Disabilities Advocacy Program re 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Anderson, Nancy) (Entered: 09/14/2007)

ANSWER to Complaint by J. Walter Wood, Jr. (Attachments: # 1 Exhibit # 2 Exhibit)(Perry, Thornton) (Entered: 09/18/2007)

ORDER directing that this cause is set for an on-the-record Status Conference on 10/10/2007, at 09:00 AM, to discuss setting this case for trial as soon as possible, before Honorable Myron H. Thompson; Counsel for plf are to arrange for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 9/19/2007. (furn: yg, hc, ag)(wcl, ) (Entered: 09/19/2007)

Minute Entry for Status Conference held before Judge Myron H. Thompson on 10/10/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 10/10/2007)

ORDER directing as follows: (1) This lawsuit is set for final Submission, without oral argument, on 12/7/2007; (2) By 10/19/2007, the parties are to file a joint report indicating what issue or issues, if any, remain in this case. If no issues remain unresolved, this case will be considered settled. If there are unresolved issues, the parties are to comply with the remainder of this order, as further set out in order. Signed by Judge Myron H. Thompson on 10/10/2007. (wcl, ) (Entered: 10/10/2007)

Response to Order Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 10/19/2007)

First MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit Email Correspondence# 2 Affidavit Andrea Mixson# 3 Affidavit Christy Johnson)(Tucker, James) (Entered: 10/31/2007)

MOTION to Substitute re 1 Complaint,, by Alabama Disabilities Advocacy Program. (Attachments: # 1 Correctly Redacted Plaintiff's Exhibit B2)(Anderson, Nancy) (Entered: 11/01/2007)

ORDER granting 19 Motion to Substitute. Signed by Judge Myron H. Thompson on 11/2/2007. (wcl, ) (Entered: 11/02/2007)

ORDER directing that plf's 18 MOTION to Amend The Joint Report of the Parties is set for on-the-record Oral Argument on 11/7/2007, at 10:00 AM in by telephone before Honorable Myron H. Thompson; Counsel for plf is to arrange for the argument to be conducted by telephone; further ORDERED that dft is to file a response to the motion by 11/6/2007. Signed by Judge Myron H. Thompson on 11/2/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/02/2007)

Joint MOTION for Extension of Time to File Joint Submission of the Record by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 11/02/2007)

ORDER granting 22 Motion for Extension. Signed by Judge Myron H. Thompson on 11/5/2007. (wcl, ) (Entered: 11/05/2007)

Response to Order Defendant's Proposed Submissions to the Record by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Attachments: # 1 Affidavit Document 146 ghrough 158)(Perry, Thornton) (Entered: 11/06/2007)

Evidentiary Submission re 16 Order,, Set Deadlines, Plaintiff's Submission of Proposed Record filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4# 5 Attachment 5# 6 Attachment 6# 7 Attachment 7# 8 Attachment 8# 9 Attachment 9)(Tucker, James) (Entered: 11/06/2007)

RESPONSE to Motion re 18 First MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the PartiesFirst MOTION to Amend/Correct 17 Response to Order Plaintiff's Motion to Amend The Joint Report of the Parties filed by J. Walter Wood, Jr. (Attachments: # 1 Substituted Exhibit 1)(Perry, Thornton) Additional attachment(s) added on 11/8/2007 to substitue Exhibit 1 pursuant to 29 Order (wcl, ). (Entered: 11/06/2007)

MOTION to Substitute Exhibit 1 of Document 26 by J. Walter Wood, Jr. (Attachments: # 1)(Perry, Thornton) (Entered: 11/07/2007)

Minute Entry for Oral Argument re 18 Motion to Amend the Joint Report of the Parties held before Judge Myron H. Thompson on 11/7/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 11/07/2007)

ORDER granting 27 Motion to Substitute Document. Signed by Judge Myron H. Thompson on 11/8/2007. (wcl, ) (Entered: 11/08/2007)

ORDERED that the 18 MOTION to Amend Joint Report of the Parties is granted as follows: (1) By 11/21/2007, the parties are to file a supplemental joint reportas further set out in order; (2) Another on-the-record Status Conference is set for 11/27/2007, at 01:00 PM before Honorable Myron H. Thompson. Counsel for plf is to arrange for the conference to be conducted by telephone; (3) The remaining deadlines in the final-submission order (Doc. No. 16 ) are suspended. Signed by Judge Myron H. Thompson on 11/8/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/08/2007)

Response to Order re 30 Order,,, Terminate Motions,,, Set Hearings,,, Terminate Deadlines,, Supplemental Joint Report of the Parties by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 11/21/2007)

ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 12/7/2007. Signed by Judge Myron H. Thompson on 11/27/2007. (wcl, ) (Entered: 11/27/2007)

ORDER directing that the Final Pretrial Conference is set for 3/14/2008, at 09:00 AM before Honorable Myron H. Thompson and the Non-Jury Trial is set for 4/16/2008, at 10:00 AM before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 11/27/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/27/2007)

ORDER setting Final Pretrial Conference for 3/14/2008, at 09:00 AM in chambers before Honorable Myron H. Thompson; the parties are DIRECTED to prepare JOINTLY a Proposed Pretrial Order due by 3/18/2008; Non-Jury Trial set for 4/16/2008, at 10:00 AM in Montgomery, AL before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 11/27/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 11/27/2007)

Minute Entry for On-The-Record Status Conference held before Judge Myron H. Thompson on 11/27/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 11/27/2007)

REPORT of Rule 26(f) Planning Meeting. (Tucker, James) (Entered: 12/07/2007)

SCHEDULING ORDER setting Final Pretrial Conference for 3/14/2008 before Honorable Myron H. Thompson; Non-Jury Trial set for 4/16/2008 before Honorable Myron H. Thompson; setting Amended Pleadings due by plf on or before 1/14/2008, and by dft on or before 1/14/2008; setting Discovery due by 2/14/2008; setting Dispositive Motions due by 12/15/2007; setting Mediation Notice due by 1/10/2008, as further set out in order. Signed by Judge Myron H. Thompson on 12/11/2007. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 12/11/2007)

MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 12/17/2007)

BRIEF/MEMORANDUM in Support Memorandum in Support of Plaintiff's Motion for Summary Judgment filed by Alabama Disabilities Advocacy Program. (Tucker, James) Modified on 12/18/2007 to add relationship to 38 Motion (wcl, ). (Entered: 12/17/2007)

ORDER directing that the 38 MOTION for Summary Judgment is set for submission, without oral argument, on 1/11/2008, with any opposing brief and evidentiary materials due by said date; Motion Submission Deadline set for 1/11/2008. Signed by Judge Myron H. Thompson on 12/18/2007. (wcl, ) (Entered: 12/18/2007)

NOTICE of Docket Text Correction re 39 BRIEF/MEMORANDUM in Support to add relationship to 38 Motion. (NO PDF ATTACHTED) (wcl, )

MOTION for Extension of Time to File Response/Reply by Thornton Dudley Perry, Jr. (Perry, Thornton) (Entered: 01/10/2008)

Notice of Mediation and Settlement Conference by Alabama Disabilities Advocacy Program (Tucker, James) (Entered: 01/11/2008)

ORDER granting 41 Motion for Extension. Signed by Judge Myron H. Thompson on 1/11/2008. (wcl, ) (Entered: 01/11/2008)

MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 01/14/2008)

AMENDED COMPLAINT For Injunctive and Declaratory Relief against all defendants, filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Tucker, James) (Entered: 01/14/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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ORDER granting 44 Motion for Leave to Amend Complaint, as further set out in order. Signed by Judge Myron H. Thompson on 1/15/2008. (wcl, ) (Entered: 01/15/2008)

BRIEF/MEMORANDUM in Opposition to Plainitff's 38 Motion for Summary Judgment filed by J. Walter Wood, Jr. (Attachments: # 1 Affidavit of T. Dudley Perry, Jr.)(Perry, Thornton) Modified on 1/22/2008 to add relationship to 38 Motion (wcl, ). (Entered: 01/18/2008)

NOTICE of Docket Text Correction re 47 BRIEF/MEMORANDUM in Opposition, to add relationship to 38 Motion. (NO PDF ATTACHED) (wcl, )

Objection to re 44 MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint, 45 Amended Complaint, filed by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 01/25/2008)

REPLY to Response to Motion re 44 MOTION for Leave to File Plaintiff's Motion for Leave to Amend the Complaint Plaintiff's Response to Defendant's Objection (Doc.#48) to Plaintiff's Motion for Leave to Amend the Complaint filed by Alabama Disabilities Advocacy Program. (Tucker, James) (Entered: 01/29/2008)

ORDER directing that the 48 Objection to Amendment is overruled. Signed by Judge Myron H. Thompson on 1/30/2008. (wcl, ) (Entered: 01/30/2008)

NOTICE of Appearance by Sancha Epiphane Teele on behalf of J. Walter Wood, Jr (Teele, Sancha) (Entered: 02/06/2008)

ORDER directing that this matter be and is hereby set for a Mediation Conference on 4/10/2008 at 02:00 PM in Courtroom 5B before Honorable Susan Russ Walker; further ORDERED that counsel and the parties or a representative with full authority to settle the case shall appear at and attend this conference, as further set out in order; On or before the close of business on 4/7/2008, each party shall provide the undersigned judge with a confidential mediation conference statement, as further set out in order. Signed by Judge Susan Russ Walker on 2/13/2008. (furn: yg, hc, jt) (wcl, ) (Entered: 02/13/2008)

NOTICE of Appearance by James Patrick Hackney on behalf of Alabama Disabilities Advocacy Program (Hackney, James) Additional attachment(s) added on 3/10/2008 to attach a corrected PDF document to include an electronic signature on the certificate of service page (wcl, ). (Entered: 03/07/2008)

MOTION for Leave to File Corrected Amended Complaint by Alabama Disabilities Advocacy Program. (Attachments: # 1 Proposed Corrected Amended Complaint)(Anderson, Nancy) (Entered: 03/07/2008)

Joint MOTION for Extension of Deadline March 7, 2008 Witness & Exhibit List re 37 Scheduling Order, by Alabama Disabilities Advocacy Program. (Anderson, Nancy) (Entered: 03/07/2008)

NOTICE of Correction re 53 Notice of Appearance, to attach a corrected PDF document to include an electronic signature on the certificate of service page. (Attachments: # 1 Corrected Main Document to Docket Entry 53 )(wcl, ) (Entered: 03/10/2008)

Notice of Mediation and Settlement Conference by Alabama Disabilities Advocacy Program (Anderson, Nancy) (Entered: 03/10/2008)

ORDER directing that the 54 MOTION for Leave to File Corrected Amended Complaint is set for submission, without oral argument, on 3/19/2008, with all briefs due by said date; Motion Submission Deadline set for 3/19/2008. Signed by Judge Myron H. Thompson on 3/12/2008. (wcl, ) (Entered: 03/12/2008)

ORDER granting 55 Motion for Extension of Time to File Witness and Exhibit Lists. Signed by Judge Myron H. Thompson on 3/12/2008. (wcl, ) (Entered: 03/12/2008)

Minute Entry for Pretrial Conference before Judge Myron H. Thompson held on 3/14/2008 (PDF available for court use only). (ag, )

ORDER granting 54 Motion for Leave to File Corrected Amended Complaint. Signed by Judge Myron H. Thompson on 3/17/2008. (wcl, ) (Entered: 03/17/2008)

ORDER denying 38 Motion for Summary Judgment. Signed by Judge Myron H. Thompson on 3/17/2008. (wcl, ) (Entered: 03/17/2008)

PRETRIAL ORDER resetting Non-Jury Trial of this cause, which is to last two days, for 5/8/2008, at 10:00 AM in Courtroom 2FMJ before Honorable Myron H. Thompson; The parties are to file a joint statement of stipulated facts by 4/18/2008; Plf's Trial Brief due by 4/23/2008, and dft's Trial Brief due by 5/2/2008; All deadlines not otherwise affected by this order will remain as set forth in the 37 Uniform Scheduling Order entered by the court on 12/11/2007, as further set out in order. Signed by Judge Myron H. Thompson on 3/17/2008. (furn: yg, hc, ag, sc) (wcl, ) (Entered: 03/17/2008)

Exhibit List Plaintiff's Witness and Exhibit List by Alabama Disabilities Advocacy Program.. (Attachments: # 1 Attachment One# 2 Attachment Two# 3 Attachment Three# 4 Attachment Four# 5 Attachment Five# 6 Attachment Six)(Tucker, James) (Entered: 03/17/2008)

AMENDED COMPLAINT Plaintiff's Corrected Amended Complaint against J. Walter Wood, Jr, filed by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Anderson, Nancy) (Entered: 03/17/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Witness List by Alabama Disabilities Advocacy Program. (NO PDF ATTACHED-SEE DOCKET ENTRY 63 )(wcl, )

Defendant's ANSWER to Amended Complaint Corrected Amended Complaint by J. Walter Wood, Jr.(Teele, Sancha) (Entered: 03/21/2008)

Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Mediation Conference held on 4/10/2008 (NO PDF attached). (ws, )

Minute Entry for proceedings held before Judge Honorable Susan Russ Walker: Mediation Conference held on 4/17/2008 (NO PDF Attached). (ws, )

JUDGMENT, it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs, as further set out in order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Honorable Myron H. Thompson on 4/30/2008. (Attachments: # 1 civil appeals checklist)(wcl, )

1 civil appeals checklist

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MOTION for Extension of Time to File stipulate dismissal terms by Thornton Dudley Perry, Jr, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 06/13/2008)

ORDER granting 67 Motion for Extension of Time; The parties are allowed an additional 45 days to comply with the 66 Order entered on 4/30/2008. Signed by Honorable Myron H. Thompson on 6/13/2008. (wcl, ) (Entered: 06/13/2008)

Joint MOTION for Settlement by Alabama Disabilities Advocacy Program. (Attachments: # 1 Access Agreement)(Tucker, James) (Entered: 07/28/2008)

1 Access Agreement

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ORDER directing that the 69 Joint MOTION for Judicial Approval of Dismissal Terms is set for an on-the-record hearing; Motion Hearing set for 8/5/2008, at 10:00 AM by telephone before Honorable Myron H. Thompson; Counsel for dft is to arrange for the hearing to be conducted by telephone. Signed by Honorable Myron H. Thompson on 7/29/2008. (furn: yg, hc, ag, sc) (wcl, ) (Entered: 07/29/2008)

MOTION for Extension of Deadline re 69 Joint MOTION for Settlement, 70 Order Setting Hearing on Motion, to set hearing by J. Walter Wood, Jr. (Perry, Thornton) (Entered: 07/31/2008)

ORDER directing as follows: (1) granting 71 MOTION for Extension; (2) the on-the-record Hearing set for 8/5/08 is reset for 8/12/2008 10:00 AM before Honorable Myron H. Thompson; directing counsel for the defendant to arrange for the hearing to be conducted by telephone. Signed by Honorable Myron H. Thompson on 8/1/08. Furnished to YG, HC & AG.(djy, ) (Entered: 08/01/2008)

Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Motion Hearing held on 8/12/2008 re 69 Joint MOTION for Settlement filed by Alabama Disabilities Advocacy Program (PDF available for court use only). (Court Reporter Dee Coker.) (ag, ) (Entered: 08/12/2008)

ORDER directing as follows: (1) By 8/22/2008, the parties are to file a joint report on the issues raised by the court; (2) Another on-the-record hearing is set for 8/26/2008, at 10:00 a.m. Counsel for dft is to arrange for the hearing to be conducted by telephone; Motion Hearing set for 8/26/2008 at 10:00 AM by telephone before Honorable Myron H. Thompson. Signed by Honorable Myron H. Thompson on 8/12/2008. (furn: yg, hc, ag, sc)(wcl, ) (Entered: 08/12/2008)

STATUS REPORT Joint Report of the Parties by Thornton Dudley Perry, Jr, Alabama Disabilities Advocacy Program, J. Walter Wood, Jr. (Perry, Thornton) (Entered: 08/22/2008)

TRANSCRIPT of Telephonic Hearing Proceedings for Joint Motion for Judicial Approval of Dismissal of Terms (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 8/12/2008, before Judge Thompson. Court Reporter/Transcriber Dee Coker, Telephone number 334-263-0261. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 9/12/2008. Redacted Transcript Deadline set for 9/22/2008. Release of Transcript Restriction set for 11/20/2008. (wcl, ) (Entered: 08/22/2008)

Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 8/26/2008 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 08/26/2008)

ORDER directing as follows: (1) The parties are allowed until 9/5/2008, to file another joint motion for approval of settlement, with the proposed settlement attached; (2) The pending 69 Joint Motion for Approval of Dismissal Terms is denied without prejudice; (3) The court retains jurisdiction of this case pending action on the parties' anticipated proposed settlement. Signed by Honorable Myron H. Thompson on 8/27/2008. (wcl, ) (Entered: 08/27/2008)

Joint MOTION for Settlement by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit 1 Settlement Agreement & Protocol)(Tucker, James) (Entered: 09/05/2008)

OPINION. Signed by Honorable Myron H. Thompson on 9/10/08. (djy, )

JUDGMENT AND INJUNCTION, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the joint motion to adopt the settlement agreement and retain jurisdiction 79 is granted; (2) the settlement agree ment, attached as an appendix to this judgment, is incorporated as the order of this Court; (3) In accordance with the terms of the settlement agreement, the court retains jurisdiction to enforce the agreement for a period of one year from the date o f this judgment; and (4) Defendant J. Walter Wood, in his official capacity, and his officers, agents, servants, and employees, and those persons in active concert or participation with him who receive actual notice of this judgment and injunction by personal service or otherwise, is ENJOINED and RESTRAINED from failing to comply immediately with the terms of the settlement agreement; directing the clerk of the court to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Myron H. Thompson on 9/10/08. (Attachments: # 1 Settlement agreement, # 2 civil appeals checklist)(djy, )

1 Settlement agreement

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2 civil appeals checklist

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ORDER, pursuant to the Settlement agreement, it is ORDERED that def J. Walter Wood, in his official capacity as the Executive Director of the Alabama Dept of Youth Services, shall pay to plf Alabama Disabilities Advocacy Program the sum of $20,500.00 for attorneys fees and costs. Signed by Honorable Myron H. Thompson on 9/10/08. (djy, )