Adams et al v. Austal, U.S.A., L.L.C.

Plaintiff: Earaton Adams, Robert Adams, Myron Barnes, Nelson Bumpers, Frederick A. Carter, Sr., Alvin Cunningham, Sidney Hedgeman, Tesha Hollis, Larry J. Laffiette, Ron Law, Jermel Matthews, Jerome Pettibone, Rahman K. Pratt, Nathaniel L. Reed, Jermaine Roberson, Carolyn Slay, Charles L. Stills, III, Gloria Sullivan, Beverly Thomas, Franklin Thomas, George Wells and Frederick Williams
Defendant: Austal, U.S.A., L.L.C.
Case Number: 1:2008cv00155
Filed: March 20, 2008
Court: Alabama Southern District Court
Office: Mobile Office
County: Mobile
Presiding Judge: Kristi K. DuBose
Referring Judge: Bert W. Milling
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000 Job Discrimination (Race)
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
January 21, 2016 971 Opinion or Order of the Court Order re: 969 Response filed by Earaton Adams. The Court grants Plaintiffs' apportionment request and apportions the costs in the manner proposed by Plaintiffs such that each plaintiff is responsible for payment of the amount apportioned to him or her, as set out. The Clerk is directed to issue an appropriate certificate of judgment. Signed by Judge Kristi K. DuBose on 1/21/2016. (cmj)
November 6, 2015 965 Opinion or Order of the Court ORDER granting in part and denying in part 962 Motion to Retax. The motion is GRANTED in part as to the trial subpoenas as specified herein, GRANTED as to the certified copies of state court records, GRANTED in part as to the deposition transc ript costs and printing costs as detailed supra; and DENIED as to the costs for Pro Hac Vice admission, videotape/video-synching depositions, trial transcripts, email/electronic/digital data, expert witnesses, mediation, attorney travel, and all oth er deposition transcript and printing costs requested. Accordingly, Austal is entitled to a retaxed award of costs in the amount of $32,751.30 (comprised of $28,520.35 for deposition transcripts,15 $1,212.45 for witness fees,16 $230.00 for trial subpoenas, $177.50 for certified copies and $2,611.00 for printing costs).. Signed by Judge Kristi K. DuBose on 11/5/2015. (cmj)
January 13, 2015 858 Opinion or Order of the Court ORDER denying 855 Motion for Reconsideration and/or Objections to the Court's Sua Sponte Order of Bifurcation as set out in order. Signed by Judge Kristi K. DuBose on 1/13/2015. (cmj)
September 4, 2014 834 Opinion or Order of the Court Summary Judgment Order on Remand per 11th Circuit Mandate (docs. 821 and 826), Austal's motion for summary judgment is DENIED as to Williams' hostile work environment claim, as set out. Signed by Judge Kristi K. DuBose on 9/3/2014. (cmj)
March 21, 2012 757 Opinion or Order of the Court ORDER denying 750 Motion for New Trial; denying 751 Motion for New Trial as set out in order. Signed by Judge Kristi K. DuBose on 3/21/2012. (cmj)
March 14, 2012 749 Opinion or Order of the Court ORDER denying Motion for Attorney Fees and request for sanctions as set out in order re: 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 Signed by Judge Kristi K. DuBose on 3/14/2012. (cmj)
March 2, 2012 744 Opinion or Order of the Court ORDER denying 628 Motion for Attorney Fees and Costs Against Gloria Sullivan. Signed by Judge Kristi K. DuBose on 3/2/2012. copies to parties. (sdb)
February 17, 2012 720 Opinion or Order of the Court JUDGMENT in favor of Austal, U.S.A., L.L.C. against Robert Adams; in favor of Austal, U.S.A., L.L.C. against Franklin Thomas; in favor of Austal, U.S.A., L.L.C. against Jerome Pettibone; in favor of Austal, U.S.A., L.L.C. against Ron Law; in favor o f Austal, U.S.A., L.L.C. against Rahman K. Pratt; in favor of Austal, U.S.A., L.L.C. against Frederick Williams; in favor of Austal, U.S.A., L.L.C. against Tesha Hollis; in favor of Austal, U.S.A., L.L.C. against Larry J. Laffiette; in favor of Austa l, U.S.A., L.L.C. against Frederick A. Carter, Sr; in favor of Austal, U.S.A., L.L.C. against Sidney Hedgeman;in favor of Austal, U.S.A., L.L.C. against Beverly Thomas; in favor of Austal, U.S.A., L.L.C. against Carlos Johnson, Earaton Adams, Myron Barnes; in favor of Austal, U.S.A., L.L.C. against Charles L. Stills, III, George Wells, Jermaine Roberson, Jermel Matthews and dismissing claims with prejudice.. Signed by Judge Kristi K. DuBose on 2/16/12. (cmj)
December 21, 2011 656 Opinion or Order of the Court ORDER rescinding 403 Order on Motion for Reconsideration; granting 402 MOTION for Reconsideration as to the punitive damages issue, and Austal's motion, to the extend it seeks to strike the Plaintiffs' request for nominal damages and attorney's fees is denied; denying 592 Motion to Strike as set out in order. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
December 20, 2011 633 Opinion or Order of the Court ORDER denying 529 Motion for Judgment as a Matter of Law as set out. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)
November 18, 2011 555 Opinion or Order of the Court ORDER denying 541 Motion for Judgment as a Matter of Law; denying 541 Motion for New Trial. Signed by Judge Kristi K. DuBose on 11/18/2011. (cmj)
November 7, 2011 536 Opinion or Order of the Court ORDER granting in part and denying in part 187 Motion for Summary Judgment. Austals motion for summary judgment is DENIED as to Thomas hostile work environment claims; DENIED in part and GRANTED in part as to Thomas failure to promote claims; GRA NTED as to Thomas training claims; DENIED inpart and GRANTED in part as to Thomas disparate pay claims; and DENIED as to Thomas retaliation claims. Thomas punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 11/7/2011. (cmj)
October 13, 2011 513 Opinion or Order of the Court ORDER granting 180 Defendant's Motion for Summary Judgment as to all claims, as set out. Signed by Judge Kristi K. DuBose on 10/13/2011. (cmj)
September 25, 2011 496 Opinion or Order of the Court ORDER denying 491 Motion to Amend/Correct and denying 495 Motion to Strike, as detailed therein. Signed by Judge Kristi K. DuBose on 9/25/2011. (gcp)
September 23, 2011 494 Opinion or Order of the Court ORDER granting in part and denying in part 194 Motion for Summary Judgment. It is ORDERED that Austal's partial motion for summary judgment is DENIED as to Roberson's hostile work environment claims; GRANTED as to Roberson's dispar ate pay claims; and GRANTED as to Roberson's retaliation claim, constructive discharge, denial of equipment (welding machine), training, and evaluations claims. Roberson's punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/23/2011. copies to parties. (sdb)
September 22, 2011 489 Opinion or Order of the Court ORDER entered re; 178 179 206 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Matthews hostile work environment claim; GRANTED as to Matthews failure to promote claims; GRANTED as to Matthews' pay claims; and GRANTED as to Matthews' retaliation, discipline and training claims. It is further ORDERED that Matthews punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/21/2011. (mca)
September 19, 2011 480 Opinion or Order of the Court ORDER Austal's 192 Motion for Summary Judgment re Slay is GRANTED as to Slay's hostile work environment claim; GRANTED as to Slay's Title VII/Section 1981 pay raise claim; GRANTED in part and DENIED in part as to Slay's Title VII/Section 1981 failure to promote claims and GRANTED as to Slay's retaliation and training claims. Slay's punitive damages request will be CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/19/2011. (srr)
September 16, 2011 469 Opinion or Order of the Court Order striking 445 Objection and 453 Notice (attachment 2). The parties shall, by 9/21/2011 at 12:00 p.m. (noon), file new Objections to the Trial Exhibits in the manner referenced supra. Signed by Judge Kristi K. DuBose on 9/16/2011. copies to parties. (sdb)
September 7, 2011 437 Opinion or Order of the Court ORDER granting in part and denying in part 193 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Stills' hostile work environment claim under Section 1981; GRANTED as to Stills' disparate pay claim; and GRANTED as to Stills' retaliation claim. Stills' punitive damages request is thus CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 9/7/2011. copies to parties. (sdb)
September 6, 2011 435 Opinion or Order of the Court ORDER granting 200 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is GRANTED as to Williams' hostile work environment claim; GRANTED as to Williams' promotion claim; GRANTED as to Williams' discipline claim; and GRANTED as to Williams' retaliation claim. Williams' punitive damages request is thus MOOT. Signed by Judge Kristi K. DuBose on 9/6/2011. copies to parties. (sdb)
August 29, 2011 420 Opinion or Order of the Court ORDER re 185 Motion for Summary Judgment. Austal's 185 motion for summary judgment is GRANTED as to Sullivan's hostile work environment claim; GRANTED as to Sullivan's failure to promote claims; GRANTED as to Sullivan's training claim; and GRANTED as to Sullivan's retaliation claim. Sullivan's punitive damages request is thus MOOT. Signed by Judge Kristi K. DuBose on 8/29/2011. copies to parties. (sdb)
August 4, 2011 403 Opinion or Order of the Court ORDER denying 402 Motion for Reconsideration. Signed by Judge Kristi K. DuBose on 8/4/2011. copies to parties. (sdb)
August 1, 2011 401 Opinion or Order of the Court ORDER granting in part and denying in part 171 Motion for Summary Judgment. Austal's partial motion for summary judgment is DENIED as to Johnson's hostile work environment claim; DENIED as to Johnson's failure to promote claim rela ting to Everett Maylin; GRANTED as to Johnson's Title VII failure to promote claim relating to Benjamin Hoffner's June 1, 2007 promotion; and GRANTED as to Johnson's retaliation, discipline, evaluations and training claims. It is furt her ORDERED that Johnson's disparate treatment claims for discriminatory pay and failure to promote (concerning Benjamin Hoffner), the merits of which were not placed at issue by Austal on summary judgment, are CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 8/1/2011. copies to parties. (sdb)
July 27, 2011 398 Opinion or Order of the Court ORDER re 177 201 216 Defendant's Motion for Summary Judgment. It is ORDERED that Austals motion for summary judgment is DENIED as to Carters hostile work environment claim; GRANTED as to Carters failure to adequately train claim; GRANTED a s to Carters disparate pay claims; GRANTED in part and DENIED in part as to Carters disparate promotion claims, as detailed herein; and GRANTED as to Carters retaliation claim. Carters punitive damages request is CARRIED TO TRIAL, as further set out. Signed by Judge Kristi K. DuBose on 7/27/2011. (clr)
May 26, 2011 376 Opinion or Order of the Court ORDER re: 189 Motion for Summary Judgment. The motion is granted as to Thomas hostile work environment claims; GRANTED as to Thomas retaliation claim; and GRANTED as to Thomas training claim. As such, Thomas punitivedamages request is MOOT. Signed by Judge Kristi K. DuBose on 5/26/2011. (cmj)
May 24, 2011 373 Opinion or Order of the Court ORDER granting in part and denying in part 277 Motion for Summary Judgment. It is ORDERED that Austal's motion for summary judgment is DENIED as to Hedgeman's hostile work environment claims; GRANTED in part and DENIED in part as to Hed geman's disparate promotion claims; GRANTED as to Hedgeman's retaliation claims; GRANTED as to Hedgeman's denial of training claims. Hedgeman's punitive damages request is CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 5/24/2011. copies to parties. (sdb)
April 29, 2011 366 Opinion or Order of the Court ORDER entered that this matter is before the Court on the parties Rule 41(a)(1) joint stipulation (Doc. 365) requesting the dismissal of the 21 Plaintiffs disparate impact claims, Plaintiffs withdrawal of Dr. Bradleys expert reports, and Austals wit hdrawal of its motion to exclude (Doc. 345). Pursuant to the parties Rule 41(a)(1) joint stipulation, it is ORDERED that the May 2, 2011 Daubert hearing is CANCELLED and Austals Motion to Exclude (Doc. 345) is MOOT. Additionally, the parties joint st ipulation, requesting dismissal of the 21 Plaintiffs disparate impact claims against Austal, is GRANTED. Accordingly, it is ORDERED that the disparate impact claims alleged by Plaintiffs Beverly Thomas, Carlos Johnson, Myron Barnes, Nelson Bumpers, C arolyn Slay, Gloria Sullivan, Alvin Cunningham, Frederick Carter, Franklin Thomas, Frederick Williams, Jerome Pettibone, Tesha Hollis, Jeremel Matthews, Larry Laffiette, Jr., Nathaniel Reed, George Wells, Rahman Pratt, Robert Adams, Ron Law, Jermaine Roberson and Sidney Hedgeman, against Defendant Austal USA, LLC, are hereby DISMISSED with prejudice. Nothing herein shall be construed as dismissing any of the Plaintiffs remaining claims against Defendant Austal, USA, LLC. Signed by Judge Kristi K. DuBose on 4/29/2011. (mca)
April 25, 2011 364 Opinion or Order of the Court ORDER granting in part and denying in part 162 Motion for Summary Judgment. Austals motion for summary judgment is hereby DENIED as to Adams hostile work environment claim; GRANTED as to Adams disparate pay claim; DENIED as to Adams disparate promotion claim; GRANTED as to Adams retaliation claim; and DENIED as to Adams' punitive damages request as that issue will be CARRIED TO TRIAL. Signed by Judge Kristi K. DuBose on 4/25/2011. (cmj)
April 7, 2011 359 Opinion or Order of the Court Order re: April 14, 2011 evidentiary hearing on the Defendants Motion to Exclude the reports and purported testimony of Edwin L. Bradley, Ph.D. (Doc. 345) and Plaintiffs Response (Doc. 354). Pursuant to Daubert v. Merrell Dow Pharm. Inc., 509 U.S. 579 (1993), the parties are instructed to be prepared to present to the Court, at this April 14, 2011 evidentiary hearing, any witnesses and evidence they deem necessary regarding the motion. Signed by Judge Kristi K. DuBose on 4/7/2011. (cmj)
March 25, 2011 357 Opinion or Order of the Court ORDER on 347 Motion to Strike Certain Evidentiary Submissions filed by Plaintiffs in opposition to Austal's motions for summary judgment. It is ORDERED that a portion of Austal's Rule 56(c)(2) Objections (Doc. 347 ) are SUSTAINED in pa rt and OVERRULED in part as follows: SUSTAINED as to Docs. 283-53 and 283-54 (Deposition Summaries); and OVERRULED as to Docs. 283-3, 283-4, 283-5, 283-14, 283-15, 283-16, 283-24, 283-49, 283-50 and 283-51 (Certain Photographs) and Docs. 283-6, 283-7, 283-8 and 283-32 (Handwritten Statements). Signed by Judge Kristi K. DuBose on 3/25/2011. copies to parties. (sdb)
June 16, 2010 148 Opinion or Order of the Court ORDER entered granting in part and denying in part 133 Motion for Award of Fees; and that deft's counsel shall pay to the pltfs, no later than 6/21/2010 the sum of $5,375.00. It is further ORDERED that plaintiffs Motion for Extension of Time is GRANTED and that the deadline for plaintiff to serve defendant with the report of its expert, and to identify said expert, is extended to August 16, 2010. Finally, defendants Motion for Extension of Time is GRANTED and that the deadlines for the filing of dispositive motions and a motion for class certification are extended to September 30, 2010. Signed by Magistrate Judge Katherine P. Nelson on 6/16/2010. (mca)
December 16, 2009 115 Opinion or Order of the Court ORDER entered re 113 Motion to Quash. It is hereby ORDERED that defendant's Motion to Quash be STRICKEN. Signed by Magistrate Judge Katherine P. Nelson on 12/16/09. (mca)
November 24, 2009 107 Opinion or Order of the Court ORDER denying 106 Motion to Stay; denying as moot 101 Motion to Compel; Denial of the Motion to Compel is made without prejudice to defendants right to bring a new motion seeking to compel more complete responses, should such relief prove necessary. Signed by Magistrate Judge Katherine P. Nelson on 11/24/09. (srr)
October 7, 2009 90 Opinion or Order of the Court ORDER granting in part and denying in part 72 Motion for Attorney Fees stating that plaintiffs' counsel shall pay to defendant on or before October 30, 2009, the sum of $892.94. Signed by Magistrate Judge Katherine P. Nelson on 10/7/09. Copies to parties on 10/8/09. (mpp)

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Search for this case: Adams et al v. Austal, U.S.A., L.L.C.
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Plaintiff: Earaton Adams
Represented By: Candis A. McGowan
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Plaintiff: Robert Adams
Represented By: Candis A. McGowan
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Plaintiff: Myron Barnes
Represented By: Candis A. McGowan
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Plaintiff: Nelson Bumpers
Represented By: Candis A. McGowan
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Plaintiff: Frederick A. Carter, Sr.
Represented By: Candis A. McGowan
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Plaintiff: Alvin Cunningham
Represented By: Candis A. McGowan
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Plaintiff: Sidney Hedgeman
Represented By: Candis A. McGowan
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Plaintiff: Tesha Hollis
Represented By: Candis A. McGowan
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Plaintiff: Larry J. Laffiette
Represented By: Candis A. McGowan
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Plaintiff: Ron Law
Represented By: Candis A. McGowan
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Plaintiff: Jermel Matthews
Represented By: Candis A. McGowan
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Plaintiff: Jerome Pettibone
Represented By: Candis A. McGowan
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Plaintiff: Rahman K. Pratt
Represented By: Candis A. McGowan
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Plaintiff: Nathaniel L. Reed
Represented By: Candis A. McGowan
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Plaintiff: Jermaine Roberson
Represented By: Candis A. McGowan
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Plaintiff: Carolyn Slay
Represented By: Candis A. McGowan
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Plaintiff: Charles L. Stills, III
Represented By: Candis A. McGowan
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Plaintiff: Gloria Sullivan
Represented By: Candis A. McGowan
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Plaintiff: Beverly Thomas
Represented By: Candis A. McGowan
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Plaintiff: Franklin Thomas
Represented By: Candis A. McGowan
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Plaintiff: George Wells
Represented By: Candis A. McGowan
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Plaintiff: Frederick Williams
Represented By: Candis A. McGowan
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Defendant: Austal, U.S.A., L.L.C.
Represented By: Candis A. McGowan
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