JAMES R. BLACKSTON, BRADLEY W. BARBER Plaintiffs, vs. STATE OF ALABAMA, et. al., Defendants.

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Case No.: 99-A-295-N

ORDER

Upon consideration of the plaintiffs' Motion To Amend Scheduling Order and Motion To Set Scheduling Conference, filed on 11 September 2002 (Doc. # 111), it is ORDERED that the motions are GRANTED. On 14 March 2000, the defendants filed a Motion to Dismiss Amendment # 2 to Verified Complaint (Doc. # 43), and on 20 March 2000, the defendants filed a Motion to Stay Discovery pending the court's ruling on their pending Motion to Dismiss Amendment #2 to Verified Complaint (Doc. # 46). The court entered a final ruling on the defendants' motion on 3 July 2000 (Doc. # 64). Plaintiffs next filed an Amendment to their complaint on 13 July 2000 (Doc. # 65; Amendment # 2A). The Magistrate Judge entered a Recommendation on 21 November 2000 that the defendants' motion to dismiss the amended complaint be granted (Doc. # 78), citing pleading deficiencies in the new complaint and the court's inability to discern the plaintiff's claims. The court entered an order on 10 January 2001, adopting the Recommendation and dismissing plaintiff's Amendment #2A (Doc. # 86). By separated order entered on this date, the court has denied the plaintiffs' most recent motion to amend their complaint and re-affirmed the District Judge's earlier admonition that this case shall proceed in compliance with his previous orders. The plaintiffs have on two occasions advised the court that they were in settlement negotiations with the defendants and indeed planned "to continue settlement negotiations". However, the time has come for the plaintiffs' claims to be fully litigated. The court has defined the issues, and a new scheduling order is warranted. Accordingly, by separate order, the court has entered a new scheduling order. DONE this 13th day of March, 2002. VANZETTA PENN McPHERSON UNITED STATES MAGISTRATE JUDGE Back to Lawsuit Page [ Home]---[Search]---[Email]---[Access Page]---[Child Support]