Jones et al v. Jefferson County Board of Education et al
Plaintiff: Greater Birmingham Ministries and Traci Jones
Defendant: Jefferson County Board of Education and Alan King
Case Number: 2:2019cv01821
Filed: November 7, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: John H England
Nature of Suit: Civil Rights: Voting
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2019 Opinion or Order Filing 3 ORDER. The Court strikes Doc. 300 from the record. The Court grants in part and denies in part Doc. 299, the Board's Motion for Clarification. In its motion for clarification, the Board argues that recovery should be limited temporally for class members who opted in in 2015 after receiving the opt-in notice that the Court approved in January 2015 (Doc. 72). The Board does not advocate for such a limit as to plaintiffs named in the original or amended complaints. The Board's argument rests on 29 U.S.C. 256. (Doc. 270, p. 4). The plaintiffs filed their motion for certification of an opt-in class and approval of class notice in November 2012. (Doc. 17). Over several months, the parties briefed the motion, and the Court held a hearing on the motion. In April 2013, the parties attempted to dismiss this action so that the named plaintiffs could pursue their claims before another judge on this court. The Court resolved that dismissal issue in December 2013. The Board then moved to dismiss on the basis of Eleventh Amendment immunity. In its motion, the Board stated that in another case that was on appeal to the Eleventh Circuit, another judge on the Court held that the Board was immune from an FLSA action. (Doc. 50, p. 2). The Court held a telephone conference regarding the potential impact of the Eleventh Circuit's decision the day after the Board filed its summary judgment motion. "During the telephone conference with the parties on August 14, 2014, the Court explained to the parties that it was prepared to enter an order on pending motions in the action; however, it wanted to hear the parties thoughts about staying the action pending resolution of the appellate immunity issue." (Doc. 54, p. 2, n. 2). The Board declined the invitation to stay the matter. (Doc. 54, p. 2, n. 2). Therefore, on September 2, 2014, the Court granted the plaintiffs' motion for certification of an opt-in class. (Doc. 54). The parties spent months negotiating the form of the class notice. During those months, the Eleventh Circuit issued a decision in the case concerning immunity in FLSA actions, and the Court denied the Board's summary judgment motion. (Doc. 61). On November 26, 2014, the Court stayed the proceedings in this case pending the Eleventh Circuit's decision regarding an application for rehearing in the FLSA immunity case. (Doc. 70). On January 7, 2015, the Court approved a class notice and ordered potential class members to submit their consent forms by February 23, 2015. (Doc. 72). The Board now asks whether, under the circumstances of this case, individuals who did not opt-in until they received a class notice should have their recovery limited by their opt-in date. The Court will consider the issue and decide whether to request briefing from the parties. Signed by Judge Madeline Hughes Haikala on November 7, 2019. (Haikala, Madeline)
November 7, 2019 Filing 2 NOTICE REGARDING CONSENT to a Magistrate Judge in a civil action. (AKD)
November 7, 2019 Filing 1 COMPLAINT against Alan King, Jefferson County Board of Education, filed by Alan King, Jefferson County Board of Education.(AKD)

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Plaintiff: Greater Birmingham Ministries
Represented By: Sidney Monroe Jackson
Represented By: Deuel Ross
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Plaintiff: Traci Jones
Represented By: Sidney Monroe Jackson
Represented By: Deuel Ross
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Defendant: Jefferson County Board of Education
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Defendant: Alan King
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