Case: United States v. Alabama Department of Transportation

COMPLAINT against Alabama Department of Transportation, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(JLC) (Entered: 07/31/2023)

NOTICE OF ASSIGNMENT OF A CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. (JLC) (Entered: 07/31/2023)

Request for service by certified mail filed by United States of America. (Gardner, David) (Entered: 08/10/2023)

SUMMONS Returned Executed by United States of America. Alabama Department of Transportation served on 8/23/2023, answer due 9/13/2023. (Attachments: # 1 Proof of Service on Alabama Attorney General)(Gardner, David) (Entered: 08/29/2023)

NOTICE of Appearance by David Gardner on behalf of United States of America (Gardner, David) (Entered: 08/31/2023)

NOTICE of Appearance by Stephanie Meta Berger on behalf of United States of America (Berger, Stephanie) (Entered: 08/31/2023)

ANSWER to 1 Complaint by Alabama Department of Transportation.(McClurkin, Anne Laurie) (Entered: 09/13/2023)

NOTICE of Appearance by John C Neiman, Jr on behalf of All Defendants (Neiman, John) (Entered: 09/14/2023)

ORDER REGARDING COMPLIANCE WITH RULE 26, reminding the parties of their obligations under FRCP 26(f). Rule 26 Meeting Report due by 10/19/2023. Signed by Magistrate Judge Nicholas A Danella on 9/14/2023. (JLC) (Entered: 09/14/2023)

ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by Magistrate Judge Nicholas A. Danella pursuant to 28 U.S.C. § 636(c) by no later than October 30, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge without further order after October 30, 2023. A Telephone Status Conference is hereby SET for 1:00 p.m. October 5, 2023. The parties are DIRECTED to call 888-363-4735 to access the telephone conference. The access code is 6785641. The parties should call in five minutes prior to the start time of the conference. Signed by Magistrate Judge Nicholas A Danella on 9/14/2023. (JLC) (Entered: 09/14/2023)

NOTICE of Appearance by Kaasha Benjamin Griffin on behalf of Alabama Department of Transportation (Griffin, Kaasha) (Entered: 09/15/2023)

CONSENT to Jurisdiction by US Magistrate Judge Nicholas A. Danella filed by United States of America, Alabama Department of Transportation. The telephone conference set for 10/5/2023 at 1:00 p.m. is CANCELLED. (KAM) (Entered: 10/05/2023)

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS. Signed by Magistrate Judge Nicholas A. Danella on 10/5/2023. (SRD) (Entered: 10/05/2023)

REPORT of Rule 26(f) Planning Meeting. (Gardner, David) (Entered: 10/16/2023)

SCHEDULING ORDER: certain time limits apply as set out in this order; Status Conference set for 4/18/2024 01:00 PM before Magistrate Judge Nicholas A Danella. Fact Discovery is due by 9/16/2024. All Expert Discovery is due by 10/14/2024. Dispositive Motions due by 11/8/2024. The parties shall conduct an in-person Settlement Conference no later than September 20, 2024. Within 5 days of this settlement conference, counsel shall separately and confidentially send an email to chambers at danella_chambers@alnd.uscourts.gov, stating only whether the parties reached a settlement and, if not, whether the parties are amenable to Mediation. The parties shall be ready for trial by April 14, 2025, to be scheduledby separate order Signed by Magistrate Judge Nicholas A Danella on 10/18/2023. (KAM) (Entered: 10/18/2023)

Joint MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order)(Gardner, David) (Entered: 02/14/2024)

PROTECTIVE ORDER granting 16 Motion for Protective Order; certain discovery information shall remain confidential as set out within. Signed by Magistrate Judge Nicholas A. Danella on 2/15/2024. (SRD) (Entered: 02/15/2024)

Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Telephone Conference held on 4/18/2024; Attorneys Gardner & Berger for plaintiff; Attorney McClurkin for defendant. (Court Reporter None.) (SRD)

MOTION for Leave to File Amended Complaint by United States of America. (Attachments: # 1 Exhibit 1 - Amended Complaint)(Berger, Stephanie) (Entered: 07/31/2024)

RESPONSE in Opposition re 18 MOTION for Leave to File Amended Complaint filed by Alabama Department of Transportation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McClurkin, Anne Laurie) (Entered: 08/14/2024)

REPLY to Response to Motion re 18 MOTION for Leave to File Amended Complaint filed by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gardner, David) (Entered: 08/21/2024)

Joint MOTION for Extension of Time - Joint Motion for Limited Extension of Fact Discovery and to Modify Scheduling Order by Alabama Department of Transportation. (McClurkin, Anne Laurie) (Entered: 09/06/2024)

TEXT ORDER: The parties' "Joint Motion For Limited Extension Of Fact Discovery And To Modify Scheduling Order" (Doc. 21 ) is GRANTED. The deadline to complete Ms. Mercado's deposition is extended until September 25, 2024. Signed by Magistrate Judge Nicholas A Danella on 09/09/2024. (CLD) (Entered: 09/09/2024)

TEXT ORDER: A telephonic motion hearing regarding Plaintiff's motion for leave to file an amended complaint (Doc. 18 ) is SET for Friday, September 13, 2024, at 1:00 PM before Magistrate Judge Danella. The parties should dial 205-931-0422 and enter phone conference ID 750 197 841# to participate in the hearing. Signed by Magistrate Judge Nicholas A Danella on 09/09/2024. (CLD) (Entered: 09/09/2024)

TEXT ORDER: The telephonic motion hearing set for Friday, September 13, 2024, is CANCELLED. Signed by Magistrate Judge Nicholas A Danella on 09/11/2024. (CLD) (Entered: 09/11/2024)

ORDER SETTING HEARING: The court SETS a motion hearing on the Plaintiff United States of America's pending motion for leave to file an amended complaint (Doc. 18 ) for Monday, September 23, 2024, at 1:30 PM before Judge Nicholas A. Danella in Courtroom 3B of the Hugo Black Federal Courthouse, 1729 5th Avenue North, Birmingham, Alabama, 35203. The parties will receive a tentative ruling from the court shortly before the hearing begins and should plan to present focused oral argument based on that tentative ruling. Signed by Magistrate Judge Nicholas A Danella on 09/11/2024. (CLD) (Entered: 09/11/2024)

Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Motion Hearing held on 9/23/2024 re 18 MOTION for Leave to File Amended Complaint filed by United States of America. Atty Gardner & Atty Berger present for pla; Atty McClurkin & Atty Griffin present for dft. Court's opening remarks; arguments heard; order to be entered; adj. (Court Reporter Carrie Robinson.) (SRD)

TEXT ORDER: Consistent with the discussion in the September 23, 2024 motion hearing (see minute entry, entered: 09/23/2024; Doc. 25 ), the government's motion for leave to file an amended complaint (Doc. 18 ) is DENIED. The court intends to enter a reasoned memorandum opinion at a later time but enters this order now in light of the upcoming dispositive motion deadline on November 8, 2024 (see Doc. 15 ). Signed by Magistrate Judge Nicholas A Danella on 10/08/2024. (CLD) (Entered: 10/08/2024)

MEMORANDUM OPINION ON ORDER DENYING PLAINTIFFS MOTION TO AMEND. The government has not shown the good cause and diligence that Rule 16(b) requires in order to amend. See Doc. 26 (text order). Signed by Magistrate Judge Nicholas A Danella on 10/22/2024. (KAM) (Entered: 10/22/2024)

Unopposed MOTION for Extension of Time - Unopposed Motion for Brief Extension of Dispositive Motion Deadlline by Alabama Department of Transportation. (McClurkin, Anne Laurie) (Entered: 10/28/2024)

TEXT ORDER: Defendant ALDOT's "Unopposed Motion For Brief Extension Of Dispositive Motion Deadline" (Doc. 28 ) is GRANTED. The deadline for the parties to file dispositive motions is extended to November 22, 2024. The provisions of the scheduling order entered on October 18, 2023, otherwise remain in effect. See Doc. 15 . Signed by Magistrate Judge Nicholas A Danella on 10/29/2024. (CLD) (Entered: 10/29/2024)

MOTION for Summary Judgment by Alabama Department of Transportation. (McClurkin, Anne Laurie) (Entered: 11/22/2024)

MOTION for Summary Judgment by United States of America. (Gardner, David) (Entered: 11/22/2024)

Brief re 31 MOTION for Summary Judgment . (Gardner, David) (Entered: 11/22/2024)

Brief re 30 MOTION for Summary Judgment - Brief in Support of Defendant's Motion for Summary Judgment filed by Alabama Department of Transportation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(McClurkin, Anne Laurie) (Entered: 11/22/2024)

Evidentiary Material re: 31 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (1 of 5), # 5 Exhibit 4 (2 of 5), # 6 Exhibit 4 (3 of 5), # 7 Exhibit 4 (4 of 5), # 8 Exhibit 4 (5 of 5), # 9 Exhibit 5 (1 of 2), # 10 Exhibit 5 (2 of 2), # 11 Exhibit 6, # 12 Exhibit 7 (1 of 4), # 13 Exhibit 7 (2 of 4), # 14 Exhibit 7 (3 of 4), # 15 Exhibit 7 (4 of 4), # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13 (1 of 3), # 22 Exhibit 13 (2 of 3), # 23 Exhibit 13 (3 of 3))(Gardner, David) (Entered: 11/22/2024)

TEXT ORDER: Defendant Alabama Department of Transportation has filed a motion for summary judgment (Doc. 30 ), and Plaintiff United States of America has also filed a motion for summary judgment (Doc. 31 ). Responses to the motions are due on or before December 20, 2024. Any replies are due on or before January 15, 2025. Signed by Magistrate Judge Nicholas A Danella on 11/25/2024. (CLD) (Entered: 11/25/2024)

Transcript of Proceedings held on September 23, 2024, before Judge Nicholas A. Danella. Court Reporter/Transcriber Carrie M. Robinson. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/24/2024. Redacted Transcript Deadline set for 1/3/2025. Release of Transcript Restriction set for 3/3/2025. (CLD) (Entered: 12/03/2024)

MOTION to Strike 31 MOTION for Summary Judgment, 32 Brief (OPPOSED / TIME SENSITIVE) Objection to and Motion to Strike, In Part, Plaintiff's Motion for Summary Judgment by Alabama Department of Transportation. (Attachments: # 1 Exhibit 1 & 2)(McClurkin, Anne Laurie) (Entered: 12/06/2024)

RESPONSE to Motion re 37 MOTION to Strike 31 MOTION for Summary Judgment, 32 Brief (OPPOSED / TIME SENSITIVE) Objection to and Motion to Strike, In Part, Plaintiff's Motion for Summary Judgment Preliminary Response filed by United States of America. (Gardner, David) (Entered: 12/09/2024)

TEXT ORDER: Defendant ALDOT's motion to strike (Doc. 37 ) is DENIED. ALDOT's motion to strike is construed as a brief both in support of its pending summary judgment motion (Doc. 30 ) and in opposition to the government's pending summary judgment motion (Doc. 31 ). The parties shall address any "regarded as" theory as part of the summary judgment briefing. See, e.g., EEOC v. Allstate Beverage Co., No. 2:19-cv-657-WKW, 2023 WL 158211 (M.D. Ala. Jan. 11, 2023); Doc. 37 at 5 ("[I]n response to Allstate's motion for summary judgment the EEOC argued complainant also met the definition of regarded as disabled."). However, in light of the briefing on the motion to strike, the court adjusts the briefing schedule on the parties' cross-motions for summary judgment as follows: Responses to the motions now are due on or before December 24, 2024. Any replies now are due on or before January 21, 2025. See Doc. 35 . Signed by Magistrate Judge Nicholas A Danella on 12/10/2024. (CLD) (Entered: 12/10/2024)

RESPONSE in Opposition re 31 MOTION for Summary Judgment on Liability filed by Alabama Department of Transportation. (Attachments: # 1 Exhibit A. Deposition of Amanda Mercado, # 2 Exhibit B. Form 40s - Position Classification Questionnaires, # 3 Exhibit B. (PART 2) Form 40s - Position Classification Questionnaires, # 4 Exhibit C. Decl. of John Gary Ray)(McClurkin, Anne Laurie) (Entered: 12/24/2024)

RESPONSE in Opposition re 37 MOTION to Strike 31 MOTION for Summary Judgment, 32 Brief (OPPOSED / TIME SENSITIVE) Objection to and Motion to Strike, In Part, Plaintiff's Motion for Summary Judgment, 30 MOTION for Summary Judgment filed by United States of America. (Gardner, David) (Entered: 12/24/2024)

REPLY to Response to Motion re 31 MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 Exhibit 14: Defendant's Responses to Plaintiff's First Set of Interrogatories)(Gardner, David) (Entered: 01/19/2025)

REPLY Brief filed by Defendant Alabama Department of Transportation re: 41 Response in Opposition to Motion, for Summary Judgment filed by Alabama Department of Transportation. (McClurkin, Anne Laurie) (Entered: 01/21/2025)

ORDER SETTING HEARING: The court SETS a motion hearing on Defendant Alabama Department of Transportations motion for summary judgment (Doc. 30 ) and Plaintiff United States of Americas motion for summary judgment (Doc. 31 ) for Wednesday, April 30, 2025, at 1:00 PM before Judge Nicholas A. Danella in Courtroom 3B of the Hugo Black Federal Courthouse, 1729 5th Avenue North, Birmingham, Alabama, 35203. Signed by Magistrate Judge Nicholas A Danella on 03/06/2025. (CLD) (Entered: 03/06/2025)

ORDER RESETTING HEARING: The motion hearing set for Wednesday, April 30, 2025, at 1:00 PM on Defendant Alabama Department of Transportation's motion for summary judgment (Doc. 30 ) and Plaintiff United States of America's motion for summary judgment (Doc. 31 ) is RESET for Thursday, May 1, 2025, at 1:00 PM before Judge Nicholas A. Danella in Courtroom 3B of the Hugo Black Federal Courthouse, 1729 5th Avenue North, Birmingham, Alabama, 35203. Signed by Magistrate Judge Nicholas A Danella on 03/26/2025. (CLD) (Entered: 03/26/2025)

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: For the reasons within, ALDOT's summary judgment motion (Doc. 30 ) is GRANTED. The government's summary judgment motion (Doc. 31 ) is DENIED. The government's claims are DISMISSED WITH PREJUDICE. Separately, the court will enter final judgment. Signed by Magistrate Judge Nicholas A Danella on 08/15/2025. (CLD)