Case: Varden v. City of Clanton

Jones v. The City of Clanton

Varden v. The City of Clanton

Varden v. The City of Clanton

Jones v. The City of Clanton

Jones v. The City of Clanton

U.S. Department of Justice

Inmate 1983 COMPLAINT against The City of Clanton ( Filing fee $ 400.00 receipt number 4602035196.), filed by Christy Dawn Varden. (Attachments: # 1 Exhibit 1, # 2 fee receipt)(djy, ) (Entered: 01/15/2015)

1 Exhibit 1

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2 fee receipt

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MOTION for Temporary Restraining Order or in the alternative MOTION for Preliminary Injunction by Christy Dawn Varden. (Attachments: # 1 Text of Proposed Order)(djy, ) (Main Document replaced on 1/15/2015 to correct typographical error in case number only) (qc/djy, ). (Entered: 01/15/2015)

1 Text of Proposed Order

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Motion for Alec Karakatsanis to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602035196.) by Christy Dawn Varden. (Attachments: # 1 certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) Modified on 1/16/2015 to correct typographical error in attorney name (qc/djy, ). (Entered: 01/15/2015)

1 certificate of good standing

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2 Text of Proposed Order

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3 fee receipt

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MOTION to Certify Class by Christy Dawn Varden. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(djy, ) (Entered: 01/15/2015)

1 Exhibit 1

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2 Text of Proposed Order

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Summons Issued as to The City of Clanton and returned to counsel for personal service on defendant. (djy, ) (Entered: 01/15/2015)

SUMMONS Returned Executed by Christy Dawn Varden. The City of Clanton served on 1/16/2015, answer due 2/6/2015. (Karakatsanis, Alec) (Main Document 6 replaced on 1/16/2015) (scn, ). (Entered: 01/16/2015)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Christy Dawn Varden. Corporate Disclosures due by 1/26/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 01/16/2015)

1 Standing ORDER and sample format

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ORDER granting 3 Motion for Leave for Alec Karakatsanis to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 01/16/2015. (scn, ) (Entered: 01/16/2015)

NOTICE by Christy Dawn Varden Notice of Release from Custody (Karakatsanis, Alec) (Entered: 01/16/2015)

ORDER directing that, pursuant to the notice of release from custody (doc. no. 9 ), it is ORDERED that the motion for temporary restraining order (doc. no. 2 ) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 1/20/15. (scn, ) (Entered: 01/20/2015)

NOTICE of Appearance by Richard Warren Kinney on behalf of The City of Clanton (Kinney, Richard) (Entered: 01/22/2015)

NOTICE of Appearance by James Wallace Porter, II on behalf of The City of Clanton (Porter, James) (Entered: 01/22/2015)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to The City of Clanton. Corporate Disclosures due by 2/2/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 01/22/2015)

1 Standing ORDER and sample format

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Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/22/2015 (PDF available for court use only). (Recording Time 1:17 - 1:31.) (ag, ) (Entered: 01/22/2015)

Corporate/Conflict Disclosure Statement by The City of Clanton. (Kinney, Richard) (Main Document 15 replaced with a published version on 1/23/2015) (scn, ). (Entered: 01/22/2015)

ORDER directing as follows: (1) Plaintiff's motion for preliminary injunction (doc. no. 2 ) is set for an evidentiary hearing on February 24, 2015 at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (2) By February 6, 2015, the defendant is to file a brief summarizing the law and the proposed facts; (3) By February 13, 2015, the plaintiff is to file a reply brief. Signed by Honorable Judge Myron H. Thompson on 01/23/2015. (Furnished to Calendar/AG) (scn, ) (Entered: 01/23/2015)

ORDER directing as follows: (1) The motion to withdraw (doc. no. 9 ) is granted; (2) The motion for expedited hearing on motion for temporary-restraining order (doc. no. 2 ) is withdrawn; (3) The motion for hearing on motion for preliminary injunction (doc. no. 2 ) is granted. Signed by Honorable Judge Myron H. Thompson on 1/26/15. (scn, ) (Entered: 01/26/2015)

Corporate/Conflict Disclosure Statement by Christy Dawn Varden re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (McGuire, Joseph) (Additional attachment(s) added on 1/26/2015: # 1 Corrected certificate of service) (scn, ). (Entered: 01/26/2015)

1 Corrected certificate of service

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STATUS REPORT Regarding Mediation by The City of Clanton. (Kinney, Richard) (Entered: 01/26/2015)

NOTICE of Non-Compliance re Attorney William M Dawson, Jr.. (Attachments: # 1 Standing ORDER, # 2 Renewal Form)(scn, ) (Entered: 01/28/2015)

1 Standing ORDER

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2 Renewal Form

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MOTION for Extension of Time to File Answer/Response to 1 Inmate 1983 Complaint, by The City of Clanton. (Kinney, Richard) Modified on 2/3/2015 to terminate erroneous duplicate MOTION (scn, ). (Entered: 02/03/2015)

ORDER directing as follows: (1) Plaintiff's motion for class certification (doc. no. 4 ) is set for an evidentiary hearing at the same time as the hearing on the motion for preliminary injunction, on February 24, 2015 at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (2) By February 17, 2015 at 5 p.m., the defendant is to file a brief in response to the motion for class certification; (3) By February 23, 2015 at 5 p.m., the plaintiff may file a reply brief. Signed by Honorable Judge Myron H. Thompson on February 3, 2015. (scn, ) (Entered: 02/03/2015)

TEXT ORDER granting 21 Motion for Extension of Time to and including 03/03/2015. Signed by Honorable Judge Myron H. Thompson on February 4, 2015. (No PDF document attached to this entry.) (scn, ) Modified on 2/4/2015 to reset deadline pursuant to TEXT ORDER (scn, ). (Entered: 02/04/2015)

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The City of Clanton. (Attachments: # 1 Affidavit Tinsley Affidavit with Attachments, # 2 Affidavit Ann Davis Affidavit with Attachments)(Kinney, Richard) (Entered: 02/06/2015)

1 Affidavit Tinsley Affidavit with Attachments

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2 Affidavit Ann Davis Affidavit with Attachments

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SECOND NOTICE of Non-Compliance re Attorney William M Dawson, Jr.. (Attachments: # 1 Standing ORDER, # 2 Attorney Renewal Form)(scn, ) (Entered: 02/10/2015)

1 Standing ORDER

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2 Attorney Renewal Form

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NOTICE by United States of America (Statement of Interest of the United States (Anderson, Robert) (Entered: 02/13/2015)

Corporate/Conflict Disclosure Statement by United States of America. (Anderson, Robert) (Entered: 02/13/2015)

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 02/13/2015)

ORDER directing that, because of a scheduling conflict, it is ORDERED that plaintiff's motion for preliminary injunction (doc. no. 2 ) and motion for class certification (doc. no. 4 ) are reset for an evidentiary hearing on March 16, 2015, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on February 13, 2015. (Furnished to Calendar/AG)(Term'd: Hearing 02/24/2015)(scn, ) (Entered: 02/13/2015)

NOTICE of Appearance by Lee Hall Copeland on behalf of The City of Clanton (Copeland, Lee) (Entered: 02/13/2015)

NOTICE of Appearance by Shannon Lynn Holliday on behalf of The City of Clanton (Holliday, Shannon) (Entered: 02/13/2015)

BRIEF/MEMORANDUM in Opposition re 4 MOTION to Certify Class filed by The City of Clanton. (Attachments: # 1 Affidavit)(Holliday, Shannon) (Entered: 02/17/2015)

1 Affidavit

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Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 2/20/2015 (PDF available for court use only). (Recording Time 9:08 - 9:18.) (ag, ) (Entered: 02/20/2015)

TEXT ORDER RESETTING Evidentiary Hearing re: 2 MOTION for Preliminary Injunction and 4 MOTION to Certify Class from 3/16/2015 @ 10:00 am to 3/13/2015 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Courtroom 2FMJ, Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 2/20/15. Furnished to calendar group & AG. (NO PDF document attached to this notice).(djy, ). (Entered: 02/20/2015)

REPLY to Response to Motion re 4 MOTION to Certify Class filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 02/23/2015)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The City of Clanton. (Kinney, Richard) (Entered: 03/03/2015)

(VACATED PURSUANT TO THE COURT'S 48 ORDER) ORDER directing that the motion to dismiss (doc. no. 36 ) is set for submission, without oral argument, on, April 9, 2015, with any opposition brief due by March 26, 2015, and any reply to the opposition due by April 9, 2015. Signed by Honorable Judge Myron H. Thompson on March 5, 2015. (scn, ) Modified on 3/27/2015 (kh, ). (Entered: 03/05/2015)

SUGGESTION OF DEATH Upon the Record as to Christy Dawn Varden by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/09/2015)

MOTION to Continue by The City of Clanton. (Kinney, Richard) (Entered: 03/09/2015)

Supplement to the 39 MOTION to Continue Hearing, by The City of Clanton. (Attachments: # 1 Exhibit)(Kinney, Richard) Modified on 3/10/2015 to terminate erroneous motion, create relationship to 39 motion, and correct docket text pursuant to PDF document (scn, ). (Entered: 03/09/2015)

1 Exhibit

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RESPONSE in Opposition re 39 MOTION to Continue filed by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/10/2015)

MOTION for Discovery [Expedited] by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/10/2015)

RESPONSE to Motion re 42 MOTION for Discovery [Expedited] filed by The City of Clanton. (Kinney, Richard) (Entered: 03/10/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/10/2015 (PDF available for court use only). (Recording Time 2:50 - 3:16.) (ag, ) (Entered: 03/10/2015)

ORDER directing that: (1) The motion to continue (doc. no. 39 ) is granted; (2) The hearing on the motions for preliminary injunction (doc. no. 2 ) and for class certification (doc. no. 4 ) previously set for March 13, 2015, is reset for April 17, 2015, at 10 a.m. in Courtroom 2FMJ of the Frank M. Johnson, Jr. U.S. Courthouse Complex, One Church Street, Montgomery, Alabama; (3) Should there be any changed circumstances before the hearing, each party shall, no later than five days before the hearing, file a brief with the court explaining those changes and the legal implications of said changes. Signed by Honorable Judge Myron H. Thompson on 03/11/2015. (Furnished to Calendar/AG) (scn, ) (Entered: 03/11/2015)

SUGGESTION OF DEATH Upon the Record by The City of Clanton. (Holliday, Shannon) (Entered: 03/11/2015)

Consent MOTION for Extension of Time to File Response/Reply by Christy Dawn Varden. (Karakatsanis, Alec) (Entered: 03/25/2015)

ORDERED that: (1) The unopposed 47 motion for extension of time is granted. (2) The 37 submission order is vacated. (3) The 36 motion to dismiss is reset for submission, without oral argument, on May 11, 2015, with any opposition brief due by April 27, 2015, and any reply to the opposition due by May 11, 2015. Signed by Honorable Judge Myron H. Thompson on 3/27/2015. (kh, ) (Entered: 03/27/2015)

MOTION to Substitute Party by Peggy Jones. (Attachments: # 1 Exhibit Exhibit 1: Letters of Administration)(Karakatsanis, Alec) (Entered: 03/27/2015)

1 Exhibit Exhibit 1: Letters of Administration

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(STRICKEN AS ERRONEOUS DOCKET ENTRY ON 03/31/2015) MOTION for Protective Order by The City of Clanton. (Kinney, Richard) Modified on 3/31/2015 (scn, ). (Entered: 03/31/2015)

MOTION for Protective Order unopposed by The City of Clanton. (Attachments: # 1 Exhibit)(Kinney, Richard) (Entered: 03/31/2015)

1 Exhibit

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NOTICE of FILING ERROR re 50 MOTION for Protective Order to reflect striking as erroneous docket entry. (scn, ) (Entered: 03/31/2015)

PROTECTIVE ORDER granting 51 Motion for Protective Order, as further set out. Signed by Honorable Judge Wallace Capel, Jr on March 31, 2015. (scn, ) (Entered: 03/31/2015)

ORDER directing that the motion to substitute plaintiff (doc. no. 49 ) is granted, and the plaintiff is given leave to file an amended complaint substituting the new plaintiff within seven days of this order, as further set out. Signed by Honorable Judge Myron H. Thompson on April 1, 2015. (scn, ) (Entered: 04/01/2015)

AMENDED COMPLAINT against The City of Clanton, filed by Peggy Jones. (Attachments: # 1 Exhibit Exhibit 1)(Karakatsanis, Alec) (Entered: 04/03/2015)

1 Exhibit Exhibit 1

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Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Peggy Jones. Corporate Disclosures due by 4/16/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 04/06/2015)

1 Standing ORDER and sample format

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Corporate/Conflict Disclosure Statement by Peggy Jones re 56 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (McGuire, Joseph) (Entered: 04/06/2015)

Joint MOTION to Continue Deadlines for Briefing and to Continue Preliminary Injunction and Class Certification Hearing by The City of Clanton, Peggy Jones, and Christy Dawn Varden. (Holliday, Shannon) Modified on 4/9/2015 to add joint filers pursuant to PDF document (scn, ). (Entered: 04/08/2015)

RESPONSE in Opposition re 49 MOTION to Substitute Party filed by The City of Clanton. (Kinney, Richard) (Entered: 04/08/2015)

REPLY to Response to Motion re 49 MOTION to Substitute Party filed by Peggy Jones. (Karakatsanis, Alec) (Entered: 04/08/2015)

ORDER that: (1) The 58 Joint Motion to Continue is granted. (2) The hearing on the motions for preliminary injunction (doc. no. 2 ) and for class certification (doc. no. 4 ), previously set for 4/17/2015, is RESET for 5/18/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson, with the previously ordered briefing (see doc. no. 45 ) due five days before the new date. Signed by Honorable Judge Myron H. Thompson on 4/8/2015. Copies furnished to calendar group, AG. (dmn, ) (Entered: 04/08/2015)

ORDER: As the original complaint has been superseded by an amended complaint, it is ORDERED that the 36 Motion to Dismiss is denied with leave to renew within 21 days of the date of this order. Signed by Honorable Judge Myron H. Thompson on 4/8/2015. (dmn, ) (Entered: 04/08/2015)

ORDER directing that the objection to motion for substitution (doc. no. 59 ) is overruled. Signed by Honorable Judge Myron H. Thompson on April 9, 2015. (scn, ) (Entered: 04/09/2015)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by The City of Clanton. (Attachments: # 1 Affidavit Exhibit 1)(Kinney, Richard) (Entered: 04/29/2015)

1 Affidavit Exhibit 1

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ORDER directing that the motion to dismiss (doc. no. 64 ) is set for oral argument on May 18, 2015, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, as further set out. Signed by Honorable Judge Myron H. Thompson on May 6, 2015. (Furnished to Calendar/AG) (scn, ) (Entered: 05/06/2015)

BRIEF/MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 4 MOTION to Certify Class SHOWING CHANGED CIRCUMSTANCES filed by The City of Clanton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Holliday, Shannon) (Entered: 05/11/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 5/13/2015 (PDF available for court use only). (Recording Time 3:37 - 3:41.) (ag, ) (Entered: 05/13/2015)

ORDER directing as follows: (1) All pending motions are denied without prejudice; (2) All deadlines are suspended and all hearings are cancelled; (3) An on-the-record status conference is set for June 3, 2015, at 10:00 a.m. Counsel for the parties are to arrange for the conference to be conducted by telephone. Signed by Honorable Judge Myron H. Thompson on May 14, 2015. (Furnished to Calendar/AG) (Term'd: Motion hearing 05/18/2015) (scn, ) (Entered: 05/14/2015)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/3/2015 (PDF available for court use only). (Recording Time 10:13 - 10:23.) (ag, ) (Entered: 06/03/2015)

ORDER directing as follows: (1) Another on-the-record status conference is set for July 1, 2015, at 10:00 a.m., as further set out; (2) On or before June 29, 2015, the parties are to file their settlement papers, as further set out. Signed by Honorable Judge Myron H. Thompson on June 4, 2015. (Furnished to Calendar/AG)(scn, ) (Entered: 06/04/2015)

NOTICE of Settlement, by Peggy Jones and The City of Clanton re 70 Order. (Attachments: # 1 Exhibit 1 to Ex A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit A to Ex 3, # 6 Exhibit 1 to Ex A)(McGuire, Joseph) Modified on 6/30/2015 to clarify text and add joint filer pursuant to PDF document (scn, ). (Entered: 06/29/2015)

1 Exhibit 1 to Ex A

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit A to Ex 3

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6 Exhibit 1 to Ex A

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Joint MOTION for Entry of Final Judgment as to All Matters Excluding Attorney's Fees by Peggy Jones and The City of Clanton. (Attachments: # 1 Exhibit A, # 2 Exhibit 1 to Ex. A)(McGuire, Joseph) Modified on 7/1/2015 to add joint filer and clarify text pursuant to PDF document (scn, ). (Entered: 07/01/2015)

1 Exhibit A

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2 Exhibit 1 to Ex. A

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Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/1/2015 (PDF available for court use only). (Recording Time 10:10 - 10:23.) (ag, ) (Entered: 07/01/2015)

NOTICE by Peggy Jones of New Authority (Attachments: # 1 Exhibit Exhibit 1: Dothan TRO, # 2 Exhibit Exhibit 2: Velda City Judgment)(Karakatsanis, Alec) (Entered: 07/20/2015)

1 Exhibit Exhibit 1: Dothan TRO

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2 Exhibit Exhibit 2: Velda City Judgment

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NOTICE OF ONLINE CITATIONS. (wcl, ) (Entered: 09/14/2015)

OPINION. Signed by Honorable Judge Myron H. Thompson on 9/14/2015. (wcl, ) (Entered: 09/14/2015)

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follow: (1) The parties' 72 joint motion for entry of final judgment is granted; (2) The parties' 72 settlement agreement is adopted as the order of the court; (3) As expressly requested by the parties in their 72 joint motion for entry of final judgment at 2, the following facial declaration is adopted and entered by the court, as further set out in the judgment; (4) The parties are to comply with all terms of the 72 settlement agreement for the period set out in the agreement; (5) Plf's claims are dismissed with prejudice but with two exceptions: the court retains jurisdiction (a) to enforce the 72 settlement agreement for the period set out in the agreement and (b) to resolve the matter of attorney's fees; (6) Plf Peggy Jones is allowed 42 days from today's date to file a motion for attorney's fees, costs, and expenses. The court will enter a briefing schedule after the motion is filed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/14/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 09/14/2015)

1 Civil Appeals Checklist

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