1
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COMPLAINT (contains request for class certification) Filing Fee $ 120.00 Receipt # 63088 (dkt clerk) (Entered: 01/02/1997)
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Dec. 31, 1996
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Dec. 31, 1996
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2
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SUMMONS issued for L. N. Hagan, Dept. of Public Safety; summons and complaint returned to counsel for service. (dkt clerk) (Entered: 01/02/1997)
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Dec. 31, 1996
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Dec. 31, 1996
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File referred to Judge DeMent. (dkt clerk) (Entered: 01/02/1997)
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Jan. 2, 1997
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Jan. 2, 1997
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3
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SUMMONS Returned Executed as to L. N. Hagan, Dept. of Public Safe 1/2/97 Answer due on 1/22/97 for Dept. of Public Safe, for L. N. Hagan (dkt clerk) (Entered: 01/03/1997)
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Jan. 3, 1997
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Jan. 3, 1997
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4
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ANSWER to Complaint by L. N. Hagan, Dept. of Public Safe (Attorney Robert E. Morrow, John J. Park Jr.), referred to Judge Ira De Ment (dkt clerk) (Entered: 01/22/1997)
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Jan. 21, 1997
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Jan. 21, 1997
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5
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SCHEDULING ORDER setting Pretrial Conference for 12/17/97 before Judge Ira De Ment Motion Filing deadline on 9/18/97 ; Discovery cutoff 12/3/97 ; set amended pleading deadline for 6/4/97 Non-jury trial set for 2/17/98 before Judge Ira De Ment ; Mediation Notice deadline on 6/30/97 ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 03/21/1997)
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March 21, 1997
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March 21, 1997
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6
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MOTION by Martha Sandoval to Certify Class (Exhibits 1 - 7 attached); referred to Judge Ira De Ment; referred to Mag. Judge Walker per Judge DeMent. (dkt clerk) Modified on 07/14/1997 (Entered: 05/07/1997)
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May 6, 1997
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May 6, 1997
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7
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MOTION by Martha Sandoval for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 referred to Judge Ira De Ment (dkt clerk) (Entered: 05/30/1997)
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May 29, 1997
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May 29, 1997
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Stamped ORDER granting [7-1] motion for Edward M. Chen, Christopher Ho to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 65383 ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 06/02/1997)
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June 2, 1997
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June 2, 1997
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8
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RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [6-1] motion to Certify Class by Martha Sandoval referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 06/05/1997)
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June 4, 1997
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June 4, 1997
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9
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MOTION by L. N. Hagan, Dept. of Public Safe to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan (proposed amendment to answer attached); referred to Judge Ira De Ment(dkt clerk) Modified on 07/14/1997 (Entered: 06/06/1997)
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June 5, 1997
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June 5, 1997
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Motion(s) referred to Mag. Judge Susan R. Walker : [6-1] motion to Certify Class referred to Mag. Judge Susan R. Walker per instructions of Judge DeMent. (dkt clerk) (Entered: 06/16/1997)
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June 16, 1997
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June 16, 1997
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File referred to Mag. Judge Walker. (dkt clerk) (Entered: 06/16/1997)
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June 16, 1997
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June 16, 1997
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10
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MOTION by Martha Sandoval to Compel defendants to produce documents , for award of reasonable expenses (Exhibits A and B attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/02/1997)
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July 1, 1997
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July 1, 1997
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11
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RESPONSE by Martha Sandoval to defendants' opposition to [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) Modified on 07/14/1997 (Entered: 07/14/1997)
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July 11, 1997
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July 11, 1997
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12
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RESPONSE by L. N. Hagan, Dept. of Public Safe in opposition to [10-1] motion to Compel defendants to produce documents by Martha Sandoval (Affidavit of Lt. F. A. Bingham attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 07/14/1997)
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July 14, 1997
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July 14, 1997
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13
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ORDER, motion hearing set for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; furnished to MT, JT. (dkt clerk) (Entered: 07/14/1997)
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July 14, 1997
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July 14, 1997
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15
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NOTICE of Attorney Appearance for Martha Sandoval by Shannon L. Holliday (dkt clerk) (Entered: 07/25/1997)
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July 24, 1997
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July 24, 1997
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16
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ORDER granting in part motion regarding class certification hearing; motion hearing reset for 10:00 8/21/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class ; setting Telephone Conference for 4:00 8/19/97 ; that counsel for plaintiff will set up the telephone conference call; that the telephone conference call will address plaintiff's motion to compel filed 7/1/97, the response filed 7/14/97, and the plaintiff's motion for class certification; (signed by Mag. Judge Susan R. Walker), copies mailed to counsel; furnished to JT, and MT. (ydw) (Entered: 07/29/1997)
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July 29, 1997
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July 29, 1997
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17
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Stipulation of parties regarding hearing on plaintiff's motion for class certification re: cross-examination of affiants; referred to Mag. Judge Walker. (dkt clerk) (Entered: 08/19/1997)
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Aug. 18, 1997
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Aug. 18, 1997
|
|
Tele-conference held before Mag. Judge Susan R. Walker on 8/19/97 (dkt clerk) (Entered: 08/20/1997)
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Aug. 19, 1997
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Aug. 19, 1997
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18
|
ORDER cancelling the class certification hearing set for8/21/97; plaintiff shall submit her amended class defination by 8/26/97; terminated deadlines ; denying as moot [10-1] motion to Compel defendants to produce documents; plaintiff has leave to renew her motion if necessary after defendants inform her of their additional efforts to locate the documents in question ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel. (dkt clerk) (Entered: 08/20/1997)
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Aug. 20, 1997
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Aug. 20, 1997
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19
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AMENDED MOTION by Martha Sandoval to Certify Class referring to: [6-1] motion to Certify Class by Martha Sandoval; referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 08/27/1997)
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Aug. 26, 1997
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Aug. 26, 1997
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20
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REPORT AND RECOMMENDATIONS of Mag. Judge Susan R. Walker Re: [6-1] motion to Certify Class; that the motion to certify the class be GRANTED and that the named plaintiff be CERTIFIED as the representative of the class of all legal residents of the State of Alabama who are otherwise qualified to obtain a class D private vehicle driver's license but cannot do so because they are not sufficiently fluent in English; Motion no longer referred; Objections to R and R due by 9/16/97. Copies mailed to counsel (dkt clerk) (Entered: 09/03/1997)
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Sept. 3, 1997
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Sept. 3, 1997
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21
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MOTION by L. N. Hagan, Dept. of Public Safe to Extend Time to file dispositive motions ; referred to Judge Ira De Ment (dkt clerk) (Entered: 09/17/1997)
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Sept. 17, 1997
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Sept. 17, 1997
|
|
Stamped ORDER granting [21-1] motion to Extend Time to file dispositive motions, reset Scheduling Order Deadlines: Motion Filing to 10/24/97 ; ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 09/23/1997)
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Sept. 23, 1997
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Sept. 23, 1997
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22
|
JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe to Amend [5-1] Scheduling order referred to Judge Ira De Ment (dkt clerk) (Entered: 10/02/1997)
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Oct. 1, 1997
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Oct. 1, 1997
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23
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MOTION by L. N. Hagan to Quash subpoena , and for Protective Order (Exhibits l and 2 attached); referred to Mag. Judge Susan R. Walker (ajr) (Entered: 10/09/1997)
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Oct. 8, 1997
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Oct. 8, 1997
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24
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ORDER that the plaintiff's deadline for naming experts and providing expert reports and for responding to the defendants' motion for summary judgment is 11/7/97; the defendants' deadline for naming experts and providing expert reports and for replying to the plaintiff's response is 11/14/97; the deadline for the face-to-face settlment conference is 11/13/97 ( signed by Judge Ira De Ment ); copies mailed to counsel. (dkt clerk) (Entered: 10/10/1997)
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Oct. 9, 1997
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Oct. 9, 1997
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25
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ORDER, motion hearing set for 10:30 10/15/97, by telephone, before Mag. Judge Susan R. Walker for [23-1] motion to Quash subpoena, and [23-2] motion for Protective Order ; directing counsel for L. N. Hagan to set up the conference call; directing clerk of the court to notify all counsel of record via facsimile ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; furnished to MT, JT; faxed to counsel as directed. (dkt clerk) (Entered: 10/10/1997)
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Oct. 10, 1997
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Oct. 10, 1997
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26
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OPPOSITION by Martha Sandoval to [23-1] motion to Quash subpoena by L. N. Hagan, [23-2] motion for Protective Order by L. N. Hagan (Exhibits A - F attached); referred to Mag. Judge Susan R. Walker (dkt clerk) (Entered: 10/15/1997)
|
Oct. 14, 1997
|
Oct. 14, 1997
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27
|
ORDER adopting [20-1] report and recommendation; granting motion to certify class; that named plaintiff is CERTIFIED as representative of the class; ( signed by Judge Ira De Ment ) , copies mailed to counsel. (ajr) (Entered: 10/17/1997)
|
Oct. 17, 1997
|
Oct. 17, 1997
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28
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MOTION by L. N. Hagan, Dept. of Public Safe for Summary Judgment referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)
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Oct. 24, 1997
|
Oct. 24, 1997
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29
|
MEMORANDUM by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits A - I attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 10/27/1997)
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Oct. 24, 1997
|
Oct. 24, 1997
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30
|
MOTION by Martha Sandoval to alter the briefing schedule regarding the motion for summary judgment ; referred to Judge Ira De Ment (dkt clerk) (Entered: 10/30/1997)
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Oct. 29, 1997
|
Oct. 29, 1997
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31
|
ORDER granting in part [30-1] motion to alter the briefing schedule regarding the motion for summary judgment, Response to Motion set to 11/25/97 for [28- 1] motion for Summary Judgment for Martha Sandoval , set reply brief deadline for 12/5/97 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to RL. (dkt clerk) (Entered: 11/06/1997)
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Nov. 6, 1997
|
Nov. 6, 1997
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32
|
Notice Concerning Settlement Conference and Mediation filed by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 11/17/1997)
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Nov. 14, 1997
|
Nov. 14, 1997
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33
|
ORDER, set Scheduling Order Deadlines: Pretrial Conference for 1:00 12/17/97 before Judge Ira De Ment ; Proposed Pretrial Order due 12/10/97 ; Non-jury trial set for 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 11/17/1997)
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Nov. 17, 1997
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Nov. 17, 1997
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34
|
MOTION by Martha Sandoval for Mary Beth Schultz to Appear Pro Hac Vice FILING FEE $ 10.00 RECEIPT # 68447 referred to Judge Ira De Ment (dkt clerk) (Entered: 11/21/1997)
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Nov. 19, 1997
|
Nov. 19, 1997
|
|
Remailed Order entered 11/17/97 (doc. no. 33) per Judge DeMent's instructions. (dkt clerk) (Entered: 11/20/1997)
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Nov. 20, 1997
|
Nov. 20, 1997
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35
|
ORDER denying [23-1] motion to Quash subpoena, denying [23-2] motion for Protective Order; directing the clerk of the court to notify all counsel by facsimile; ( signed by Mag. Judge Susan R. Walker ) , copies mailed to counsel; copy faxed. (ydw) (Entered: 11/24/1997)
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Nov. 24, 1997
|
Nov. 24, 1997
|
|
Stamped ORDER granting [34-1] motion for Mary Beth Schultz to Appear Pro Hac Vice as counsel of record for the plaintiff (signed by District Judge Ira De Ment ) , copies mailed to counsel. (cc) (Entered: 11/25/1997)
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Nov. 25, 1997
|
Nov. 25, 1997
|
36
|
RESPONSE (w/table of contents) by Martha Sandoval in opposition to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 1-29 maintained in separate binder); referred to Judge Ira De Ment (dkt clerk) Modified on 11/26/1997 (Entered: 11/26/1997)
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Nov. 25, 1997
|
Nov. 25, 1997
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37
|
Witness list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 12/01/1997)
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Nov. 26, 1997
|
Nov. 26, 1997
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38
|
REPLY BRIEF by L. N. Hagan, Dept. of Public Safe in support of [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/08/1997)
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Dec. 5, 1997
|
Dec. 5, 1997
|
39
|
SUPPLEMENT TO OPPOSITION by Martha Sandoval to [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (Exhibits 30 - 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 12/29/1997)
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Dec. 24, 1997
|
Dec. 24, 1997
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40
|
Response by defendants to supplement to plaintiffs' opposition to defendants' motion for summary judgment (with attachments); referred to Judge DeMent. (dkt clerk) Modified on 01/07/1998 (Entered: 01/07/1998)
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Jan. 6, 1998
|
Jan. 6, 1998
|
41
|
MOTION by Martha Sandoval to allow Spanish language interpreter at trial (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/16/1998)
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Jan. 15, 1998
|
Jan. 15, 1998
|
42
|
MOTION by Martha Sandoval to exclude Ronald Johnson as trial witness (with attachment); referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)
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Jan. 22, 1998
|
Jan. 22, 1998
|
43
|
MOTION by Martha Sandoval for special trial setting ; referred to Judge Ira De Ment (dkt clerk) (Entered: 01/23/1998)
|
Jan. 22, 1998
|
Jan. 22, 1998
|
|
Stamped ORDER denying as moot [42-1] motion to exclude Ronald Johnson as trial witness ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/03/1998)
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Feb. 3, 1998
|
Feb. 3, 1998
|
|
Stamped ORDER granting [41-1] motion to allow Spanish language interpreter at trial ( by Judge Ira De Ment ) , copies mailed to counsel; furnished to TCC. (dkt clerk) (Entered: 02/03/1998)
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Feb. 3, 1998
|
Feb. 3, 1998
|
44
|
Exhibit list by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 02/05/1998)
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Feb. 4, 1998
|
Feb. 4, 1998
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45
|
SUPPLEMENTAL AUTHORITY by Martha Sandoval concerning [28-1] motion for Summary Judgment by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/09/1998)
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Feb. 9, 1998
|
Feb. 9, 1998
|
46
|
NOTICE by Martha Sandoval regarding defendants' proposed trial exhibits; referred to Judge DeMent. (dkt clerk) (Entered: 02/11/1998)
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Feb. 10, 1998
|
Feb. 10, 1998
|
47
|
Pretrial Stipulations by parties (received in Judge's chambers 12/11/97); referred to Judge DeMent. (dkt clerk) (Entered: 02/12/1998)
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Feb. 11, 1998
|
Feb. 11, 1998
|
48
|
OBJECTION by L. N. Hagan, Dept. of Public Safe to [46-1] notice regarding trial exhibits by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 02/12/1998)
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Feb. 11, 1998
|
Feb. 11, 1998
|
|
Pre-Trial Conference held before Judge Ira De Ment on 12/17/97 (dkt clerk) (Entered: 02/12/1998)
|
Feb. 12, 1998
|
Feb. 12, 1998
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49
|
PRETRIAL ORDER set Scheduling Order Deadlines: Non-jury trial set for 10:00 2/17/98 before Judge Ira De Ment ; ( signed by Judge Ira De Ment ), copies mailed to counsel; furnished to MT, RL. (dkt clerk) (Entered: 02/12/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
|
Stamped ORDER denying as moot [22-1] joint motion to Amend [5-1] Scheduling order ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
|
Stamped ORDER denying as moot [14-1] motion for Reconsideration of [13-1] order setting a motion hearing for 10:00 8/15/97 before Mag. Judge Susan R. Walker for [6-1] motion to Certify Class, denying as moot [14-2] motion to continue the hearing on the motion to certify class ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
|
Stamped ORDER granting [9-1] motion to Amend [4-1] answer by Dept. of Public Safe, L. N. Hagan ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
50
|
ORDER denying [28-1] motion for Summary Judgment ( signed by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 02/12/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
51
|
MOTION by Martha Sandoval to Strike [48-1] objection to trial exhibits by Dept. of Public Safe, L. N. Hagan (with attachments); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/13/1998)
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Feb. 12, 1998
|
Feb. 12, 1998
|
52
|
Plaintiffs' memorandum regarding 42 U.S.C. Section 1981 claim; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)
|
Feb. 17, 1998
|
Feb. 17, 1998
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53
|
Defendants' position regarding plaintiffs' claims under 42 USC Section 1981; referred to Judge DeMent. (dkt clerk) (Entered: 02/17/1998)
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Feb. 17, 1998
|
Feb. 17, 1998
|
|
Non-jury trial held before Judge Ira De Ment on 2/17/98 through 2/18/98 (dkt clerk) (Entered: 02/19/1998)
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Feb. 18, 1998
|
Feb. 18, 1998
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54
|
Courtroom Deputy's MINUTES of proceedings: non-jury trial held 2/17/98 through 2/18/98 before Judge Ira DeMent; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to intentional discrimination - GRANTED; 2/18/98 - defendants' ORAL MOTION for entry of judgment in favor of defendant as to disparit impact theory - DENIED; granting defendants' motion for summary judgment on 1981 claim; 2/18/98 - defendants' ORAL MOTION for judgment as a matter of law - RESERVING RULING (Witness and Exhibit Lists attached) (dkt clerk) (Entered: 02/19/1998)
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Feb. 18, 1998
|
Feb. 18, 1998
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55
|
MOTION by Martha Sandoval to supplement the record with data regarding illiteracy (Exhibits 33, 34, 35 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 02/25/1998)
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Feb. 24, 1998
|
Feb. 24, 1998
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56
|
POST-TRIAL BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 02/25/1998)
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Feb. 24, 1998
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Feb. 24, 1998
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57
|
POST-TRIAL BRIEF by L. N. Hagan, Dept. of Public Safe; referred to Judge DeMent. (dkt clerk) (Entered: 03/02/1998)
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Feb. 27, 1998
|
Feb. 27, 1998
|
58
|
MOTION by L. N. Hagan, Dept. of Public Safe to supplement record (Exhibit 5 and 7 attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/02/1998)
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Feb. 27, 1998
|
Feb. 27, 1998
|
|
Stamped ORDER granting [55-1] motion to supplement the record with data regarding illiteracy ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)
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March 2, 1998
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March 2, 1998
|
|
Stamped ORDER granting [58-1] motion to supplement record ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1998)
|
March 2, 1998
|
March 2, 1998
|
59
|
ORDER that by 10:00 a.m., 3/5/98, plaintiffs file a memorandum or brief responding to the Eleventh Amendment issues raised by the defendants ( signed by Judge Ira De Ment ) , copies mailed to counsel; furnished to RL; faxed to counsel as directed. (dkt clerk) (Entered: 03/02/1998)
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March 2, 1998
|
March 2, 1998
|
60
|
MOTION by Martha Sandoval to Amend [1-1] complaint (proposed amendment to complaint attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/05/1998)
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March 5, 1998
|
March 5, 1998
|
61
|
SUPPLEMENTAL TRIAL-BRIEF by Martha Sandoval; referred to Judge DeMent. (dkt clerk) (Entered: 03/05/1998)
|
March 5, 1998
|
March 5, 1998
|
62
|
REPLY by L. N. Hagan, Dept. of Public Safe to [61-1] supplemental trial brief by Martha Sandoval, and RESPONSE to [60-1] motion to Amend [1-1] complaint by Martha Sandoval; referred to Judge Ira De Ment (dkt clerk) (Entered: 03/09/1998)
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March 6, 1998
|
March 6, 1998
|
63
|
MOTION by L. N. Hagan, Dept. of Public Safe to submit additional authority and brief argument relating to plaintiffs' Title VI claim (with attachments); referred to Judge Ira De Ment (dkt clerk) Modified on 09/18/1998 (Entered: 03/16/1998)
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March 13, 1998
|
March 13, 1998
|
|
Stamped ORDER (rendered 3/16/98) granting [63-1] motion to submit additional authority and brief argument relating to plaintiffs' Title VI claim ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) Modified on 03/17/1998 (Entered: 03/17/1998)
|
March 17, 1998
|
March 17, 1998
|
64
|
MOTION by Martha Sandoval for Leave to File response to defendants 3/13 submission (proposed response to defendantas' March 13 submission attached); referred to Judge Ira De Ment (dkt clerk) (Entered: 03/20/1998)
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March 19, 1998
|
March 19, 1998
|
|
Stamped ORDER granting [64-1] motion for Leave to File response to defendants 3/13 submission ( by Judge Ira De Ment ) , copies mailed to counsel. (dkt clerk) (Entered: 03/23/1998)
|
March 23, 1998
|
March 23, 1998
|
65
|
Plaintiffs' response to defendants' March 13 submission re: plaintiffs' Title VI claim; referred to Judge DeMent. (dkt clerk) (Entered: 03/23/1998)
|
March 23, 1998
|
March 23, 1998
|
66
|
MEMORANDUM OPINION, JUDGMENT, DECLARATION, ORDER AND PERMANENT INJUNCTION, rather than mandate specific relief at this time, it is CONSIDERED and ORDERED as follows: (1) Defendants' motion for judgment as a Matter of Law on Plaintiff's Title VI claims be and the same is hereby DENIED; (2) plaintiffs' [60-1] motion for leave to Amend [1-1] complaint be and the same is hereby GRANTED; (3) the Alabama Dept. of Public Safety, its officers, agents, servants, employees, attorneys, and all those in active concert or participation with them, be and the same are hereby PERMANENTLY RESTRAINED AND ENJOINED from enforcing or aiding, abetting, commanding, counseling or procuring the enforcement of the Department's English-Only policy; (4) The Director of the Dept. of Public Safety, in his official capacity, all those in active concert or participation with him; his agents, servants, employees, attorneys, and all those in active concert or participation with them, be and the same are hereby PERMANENTLY RESTRAINED AND ENJOINED from enforcing or aiding, abetting, commanding, counseling or procuring the enforcement of the Department's English-Only Policy; (5) on or before 7-20-98, the Defendants shall, in conjunction with the Plaintiffs, fashion proposed policies and practices for the accommodation of Alabama's non-English speaking residents who seek Alabama driver's licenses, (6) the parties shall submit their joint proposals to the court for its review and approval, as appropriate, on or before 7-20-98; (7) should the Parties fail to agree on specific issues, those issues should be cataloged by each party in a separate pleading, apart from the joint proposals. These separate pleadings shall be filed no later than 7-24-98, as further set out in order; Should a party intend to file a separate pleading outlining areas of disagreement, that Party shall file a pleading concurrent with the joint proposals filed 7-20-98, notifying the court of that Party's intention to file a pleading within five days therefrom; (8) on or before 6-26-98, the Parties shall provide the court with a status report outlining the Parties' progress in formulating proposed policies and practices consistent with this Memorandum Opinion; setting Status Report deadline to 6/26/98 ; (9) Should the Parties fail to reach agreement as to proposed policies and practices consistent with this Memorandum Opinion, or should the Parties fail to formulate adequate proposals, the court will then mandate specific relief, and will employ court-appointed experts to aid the court in fashioning appropriate releif, with costs taxed as appropriate; (10) The court retains jurisdiction over this action, and all of its aspects, pending further order of the court ( signed by Judge Ira De Ment ). Copies mailed and distributed to counsel. (djy) (Entered: 06/03/1998)
|
June 3, 1998
|
June 3, 1998
|
66
|
JUDGMENT see details in MEMORANDUM OPINION above ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 10/08/1998)
|
June 3, 1998
|
June 3, 1998
|
67
|
AMENDMENT TO COMPLAINT by Martha Sandoval amending [1-1] complaint (djy) (Entered: 10/08/1998)
|
June 3, 1998
|
June 3, 1998
|
68
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ORDER and ERRATA: re: [Doc 66-1] (1) On page 182, line 20, "Deparment of Transportation's" is hereby amended to read "Department of Public Safety's."; (2) all other aspects of the court's 6-3-98 order shall remain in full force and effect ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/05/1998)
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June 5, 1998
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June 5, 1998
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69
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MOTION by Martha Sandoval to Alter or Amend Judment RE: [66-1] memorandum opinion and order referred to Judge Ira De Ment (djy) (Entered: 06/18/1998)
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June 17, 1998
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June 17, 1998
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70
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ORDER TO SHOW CAUSE, if any there be, why the motion to alter or amend judgment filed 6-17-98 should not be granted; and that plaintiff file a reply thereto, if desired, not later than 7-6-98; Response to Order to Show Cause due on 6/30/98 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/22/1998)
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June 22, 1998
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June 22, 1998
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71
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MOTION by L. N. Hagan, Dept. of Public Safe for Stay pending appeal referred to Judge Ira De Ment (djy) (Entered: 06/24/1998)
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June 23, 1998
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June 23, 1998
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72
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ORDER directing that the 6-26-98 deadline for filing a status report be and the same is hereby VACATED pending resolution of defendants' motion to stay ( signed by Judge Ira De Ment ). Copies mailed to counsel. (djy) (Entered: 06/25/1998)
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June 25, 1998
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June 25, 1998
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73
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ORDER TO SHOW CAUSE, if any there be, why the motion for stay pending appeal filed by defendants on 6-23-98 should not be granted; Response to Order to Show Cause due on 6/30/98 for Martha Sandoval; setting reply brief deadline for 7/3/98 for Dept. of Public Safe, for L. N. Hagan ( signed by Judge Ira De Ment ). Copies mailed and faxed, as directed, to counsel. (djy) (Entered: 06/25/1998)
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June 25, 1998
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June 25, 1998
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74
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RESPONSE by Dept. of Public Safe to [69-2] motion alter or Amend [66-1] memorandum opinion and order by Martha Sandoval. Referred to Judge Ira De Ment (djy) (Entered: 06/26/1998)
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June 25, 1998
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June 25, 1998
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75
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JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe to continue deadlines referred to Judge Ira De Ment (ajr) (Entered: 07/01/1998)
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June 30, 1998
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June 30, 1998
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76
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AMENDED ORDER TO SHOW CAUSE Response to Motion reset to 7/6/98 for [71-1] motion for Stay pending appeal , resetting reply brief deadline for 7/9/98 for Dept. of Public Safe, for L. N. Hagan , resetting reply brief deadline for 7/9/98 for Martha Sandoval ( signed by Judge Ira De Ment ) , copies mailed. (ajr) (Entered: 07/01/1998)
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July 1, 1998
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July 1, 1998
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77
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RESPONSE by Martha Sandoval to [71-1] motion for Stay pending appeal by Dept. of Public Safe, L. N. Hagan. Referred to Judge Ira De Ment (djy) (Entered: 07/07/1998)
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July 6, 1998
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July 6, 1998
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78
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JOINT MOTION by Martha Sandoval, L. N. Hagan, Dept. of Public Safe for entry of Stay w/attachment. Referred to Judge Ira De Ment (djy) (Entered: 07/10/1998)
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July 9, 1998
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July 9, 1998
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79
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REPLY BRIEF by Martha Sandoval to [74-1] response in opposition to motion to alter judgment by Dept. of Public Safety. Referred to Judge Ira De Ment (djy) (Entered: 07/13/1998)
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July 10, 1998
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July 10, 1998
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80
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ORDER (1) plaintiffs' [69-1] motion to Alter or [69-2] Amend Judgment be and the same is hereby GRANTED; reserving ruling on plaintiffs' claim that the defendants violate the Equal Portection Clause by discriminating on the basis of language; (2) defendants' [71-1] motion for Stay pending appeal be and the same is hereby DENIED AS MOOT; (3) the parties' [78-1] joint motion for entry of Stay be and the same is hereby GRANTED; staying the injunctive terms of the court's 6-3-98 Memorandum Opinion pending appellate review; directing the parteis to abide by the terms of their agreement as set forth in their 7-9-98 joint motion (signed by Judge Ira De Ment). Copies mailed to counsel. (djy) (Entered: 07/13/1998)
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July 13, 1998
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July 13, 1998
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81
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NOTICE OF APPEAL by L. N. Hagan and the Alabama Department of Public Safety to the United States Court of Appeals, Eleventh Circuit from the Memorandum Opinion, Judgment and Declaration Order and Permanent Injunction entered on June 3, 1998. (Copies mailed to John J. Park, Jr. and Robert E. Morrow with appeal information sheet, Rhonda Brownstein, J. Richard Cohen, Ellen M. Bowden, Marcia Bull Stadeker, Mary Beth Schultz, Edward M. Chen, Christopher Ho and Shannon L. Holliday and copies to the USCA with copies of orders appealed from and docket entries.) FILING FEE $ 105.00 RECEIPT # 72326 (kcg) Modified on 08/03/1998 (Entered: 08/03/1998)
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July 28, 1998
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July 28, 1998
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