Phifer v. Hyundai Power Transformers USA et al
Robert Phifer, Jr. |
Hyundai Power Transformers USA |
2:2019cv00166 |
March 6, 2019 |
US District Court for the Middle District of Alabama |
Stephen Michael Doyle |
Myron H Thompson |
Civil Rights: Other |
42 U.S.C. ยง 2000 |
Plaintiff |
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Filing 167 JUDGMENT: The court having been informed that this cause is now settled, 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 and with leave to the parties, within 49 days, to stipulate to a different basis for dismissal or to stipulate to the entry of judgment instead of dismissal, and with leave to any party to file, within 49 days, a motion to have the dismissal set aside and the case rei nstated or the settlement enforced, should the settlement not be consummated. It is further ORDERED that all outstanding motions are denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/9/2022. (furn: calendar, ag) (term: JS & JT 6/13/2022)(cwl, ) |
Filing 37 OPINION AND ORDER: it is ORDERED as follows: (1) The 25 motion to dismiss by dft Luther Scull is denied without prejudice with leave to renew after 35 days; (2) Plf Robert Phifer, Jr., has 28 days from the issuance of this order to serve dft Scull properly. Signed by Honorable Judge Myron H. Thompson on 6/23/2020. (wcl, ) |
Filing 35 OPINION AND ORDER: Accordingly, it is ORDERED as follows: (1) The motion to dismiss by defendants Ted Arkuszeski, Clayton Payne, and Tony Wojchiehowsk (doc. no. 22 ) will be granted. As a result, counts 1, 3, and 4 will be dismissed as to these d efendants. There will be no claims that remain pending a to these defendants, and these three defendants will be terminated as parties in this litigation. (2) The motion for a more definite statement by defendants Arkuszeski, Payne, and Wojchiehowski (doc. no. 22 ) will be denied. (3) The motion to dismiss by defendant Hyundai Power Transformers (doc. no. 23 ) will be granted. As a result, counts 1 and 2 will be dismissed as to this defendant. Counts 3 and 4 will proceed as to this defendant. (4) The motion for a more definite statement by defendant Hyundai Power Transformers (doc. no. 23 )) will be denied. (5) To the extent that plaintiff Robert Phifer, Jr., believes that granting the motions to dismiss by either defendants Arkuszeski, Payne, and Wojchiehowski (doc. no. 22 ) or by defendant Hyundai Power Transformers (doc. no. 23 ) as set forth above would be in error, plaintiff Phifer should file, within five business days, a full explanation as to why the court is incorrect, in cluding why plaintiff Phifer failed to respond to the motions in a timely manner and, if the lack of response was due to a failure, why the court should entertain a late response and what sanctions would be appropriate in light of the failure. If the court does not hear from plaintiff Phifer within this time, it will make all of the above dismissals and terminations final. Signed by Honorable Judge Myron H. Thompson on 6/11/2020.(kh, ) |
Filing 19 ORDERED that the motions to dismiss (doc. nos. 9 & 10 ) are denied as moot, without prejudice. Signed by Honorable Judge Myron H. Thompson on 5/7/2019. (kh, ) |
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Defendant: Hyundai Power Transformers USA | |
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Plaintiff: Robert Phifer, Jr. | |
Represented By: | Alicia Kay Haynes |
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