Thomas v. Byrd et al

Plaintiff: Dontel Thomas
Defendant: Neal Byrd and Helena-West Helena Arkansas, City of
Case Number: 2:2015cv00095
Filed: June 19, 2015
Court: Arkansas Eastern District Court
Office: Helena Office
County: Phillips
Presiding Judge: Brian S. Miller
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 29, 2017 82 Opinion or Order of the Court JUDGMENT: The Court retains jurisdiction to enforce and administer the class settlement. The Court also retains jurisdiction to enforce the injunction against the City of Helena-West Helena and Phillips County. Pursuant to the approved class settlement, the amended complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 6/29/2017. (jak)
May 12, 2017 78 Opinion or Order of the Court ORDER: The Court notes Magistrate Judge Volpe's 73 recommendation, 74 Motion for attorney's fees, and 77 plaintiffs' status report. The Court appreciates all these filings, as well as the parties' cooperation at the recent c laims-exclusion hearing. But the Court needs more information as it considers giving final approval to the deal. Class counsel should take the lead on these new papers. Joint renewed motion for final settlement approval, with updated charts and explanations about each new person, and with more information about (and copies of) the side agreements, due by 5/31/2017. Signed by Judge D. P. Marshall Jr. on 5/12/2017. (jak)
April 28, 2017 76 Opinion or Order of the Court ORDER: The Court needed a transcript in this case. The Court directs the Clerk of Court to issue a $68.85 check to Robin Warbritton for the transcript submitted on 4/21/2017. Signed by Judge D. P. Marshall Jr. on 4/28/2017. (jak)
March 10, 2017 61 Opinion or Order of the Court ORDER directing the parties by 3/17/2017 to mail a copy of this Order to all potential class members who made claims (approved or rejected) or whose mailing address is otherwise known. The Court adopts the following schedule contained within this Ord er. Joint final claims report and Joint report on side agreements due 3/31/2017. Claims-exclusion hearing in Helena, federal courthouse, Courtroom #314 at 9:00 a.m. on 4/11/2017 before Magistrate Judge Volpe. Renewed joint motion for final settlement approval due 4/19/2017. Signed by Judge D. P. Marshall Jr. on 3/10/2017. (jak)
November 10, 2016 54 Opinion or Order of the Court ORDER: The Court appreciates the parties' 52 Joint status report. The Court certifies the class contained within this Order pursuant to Federal Rule of Civil Procedure 23(2)(1). The Court appoints Dontel Thomas and Dalton Jackson as class re presentatives. The Court preliminarily approves the parties' 52 Proposed settlement agreement. The Court schedules a fairness hearing for 3/6/2017 at 9:00 a.m. in Helena Courtroom 314. The Court directs the Clerk to reassign the case from Magi strate Judge Ray to Magistrate Judge Volpe. And the Court refers all issues that may arise during the claims period, and the administration of the proposed settlement between now and the fairness hearing, to Magistrate Judge Volpe. Signed by Judge D. P. Marshall Jr. on 11/10/2016. (jak)
October 6, 2016 48 Opinion or Order of the Court ORDER denying without prejudice 46 Motion. The parties need to get together, agree on a final draft of the settlement documents, and provide those documents to the Court. The Court would appreciate a joint report on all these issues, and on anything else on the parties' minds, by 10/14/2016. We'll have a status conference thereafter if need be. Signed by Judge D. P. Marshall Jr. on 10/6/2016. (jak)
July 27, 2016 40 Opinion or Order of the Court ORDER granting as modified 35 Motion. The Final Scheduling Order 19 is suspended, but the case is not stayed. Joint report due by 8/19/2016. The Court needs a copy of the tentative settlement and would appreciate a proposed framework (and timetab le) for considering the deal's fairness and adequacy, as well as for implementing it. Please also provide an update on the Sentencing Options Solutions issues: Is there a deal on non-class claims? Are any class claims against SOS covered by the parties' proposed settlement? Signed by Judge D. P. Marshall Jr. on 7/27/2016. (jak)
April 4, 2016 34 Opinion or Order of the Court ORDER denying 24 Motion to Dismiss. Thomas and Jackson have pleaded enough facts in the amended complaint to make it plausible that Thomas acted as SOS's agent and that this private entity was so intertwined with the City of Helena-West Helena that SOS is susceptible to federal civil rights claims. Signed by Judge D. P. Marshall Jr. on 4/4/2016. (jak)
December 17, 2015 22 Opinion or Order of the Court ORDER: Thomas and Jackson's motion 20 is partly granted and partly denied without prejudice. The default is denied. The alternative request for an extension is granted. Thomas and Jackson may have until 29 January 2016 to serve or re-serve the amended complaint and summons on Sentencing Options Specialists Inc. Signed by Judge D. P. Marshall Jr. on 12/17/2015. (jak)

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Plaintiff: Dontel Thomas
Represented By: Luther Oneal Sutter
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Defendant: Neal Byrd
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Defendant: Helena-West Helena Arkansas, City of
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