United States Government Publishing Office publisher pbl distributor dst United States United States District Court Middle District of Alabama author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2015-03-24 Administrative Office of the United States Courts 2008-10-30 monographic deposited born digital JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651 P0b002ee18bc1b728 DGPO 2015-03-24 2015-03-24 USCOURTS-almd-2_05-cv-00651 machine generated eng fdlp USCOURTS USCOURTS-almd-2_05-cv-00651 District almd 11th Alabama 2015 2:05-cv-00651 Montgomery civil 446 Americans with Disabilities Act - Other 42:120711 Americans with Disabilities Act 2:05-cv-00651 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651 JU 4.15 2:05-cv-00651;05-651 United States District Court Middle District of Alabama 11th Circuit Montgomery U.S. Courts author aut Ray Dennis Dennis Ray Consol Defendant Ken Green Green Ken Consol Defendant Perry Hopper Hopper Perry Consol Defendant Frank S James III James Frank III Interested Party Joint Chambers Joint Chambers Interested Party Calvin Scott Sr. Scott Calvin Sr. Plaintiff James (Buddy) Swearengin Jr. Swearengin James Jr. Defendant USCOURTS USCOURTS-almd-2_05-cv-00651 District almd 11th Alabama 2015 2:05-cv-00651 Montgomery civil 446 Americans with Disabilities Act - Other 42:120711 Americans with Disabilities Act Alabama ORDER re 5 MOTION to Dismiss filed by James (Buddy) Swearengin, Jr.that the ALabama Department of Rehabilitation Services shall schedule an evidentiary hearing on this matter to be held no later than 10/20/2005, and shall file a report informing this court of the outcome of the hearing no later than five (5) days after completion of the hearing; that the Plaintiff shall attend the hearing; and that all further proceedings in this case be and hereby are STAYED pending further order of this court. Signed by Judge Charles S. Coody on 9/21/2005. (dmn) 0 2005-09-21 D09002ee18bcc56a4 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-0 almd-2_05-cv-00651_0.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-0 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-0.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-0 0 2005-09-21 ORDER re 5 MOTION to Dismiss filed by James (Buddy) Swearengin, Jr.that the ALabama Department of Rehabilitation Services shall schedule an evidentiary hearing on this matter to be held no later than 10/20/2005, and shall file a report informing this court of the outcome of the hearing no later than five (5) days after completion of the hearing; that the Plaintiff shall attend the hearing; and that all further proceedings in this case be and hereby are STAYED pending further order of this court. Signed by Judge Charles S. Coody on 9/21/2005. (dmn) ORDER that on or before 12/13/2005, the parties shall file a report on the status of the matter. On or before 12/20/2005, the parties shall file briefs detailing their positions concerning the effect, if any, of the hearing officer's determination on this matter. Brief due by 12/20/2005. Status Report due by 12/13/2005. Signed by Judge Charles S. Coody on 11/23/2005. (dmn) 1 2005-11-23 D09002ee18bcc56a7 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-1 almd-2_05-cv-00651_1.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-1 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-1.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-1 1 2005-11-23 ORDER that on or before 12/13/2005, the parties shall file a report on the status of the matter. On or before 12/20/2005, the parties shall file briefs detailing their positions concerning the effect, if any, of the hearing officer's determination on this matter. Brief due by 12/20/2005. Status Report due by 12/13/2005. Signed by Judge Charles S. Coody on 11/23/2005. (dmn) REPORT AND RECOMMENDATIONS that this case be dismissed ; Objections to R&R due by 2/21/2006. Signed by Judge Charles S. Coody on 2/7/2006. (ag, ) 2 2006-02-07 D09002ee18bcc56a5 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-2 almd-2_05-cv-00651_2.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-2 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-2.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-2 2 2006-02-07 REPORT AND RECOMMENDATIONS that this case be dismissed ; Objections to R&R due by 2/21/2006. Signed by Judge Charles S. Coody on 2/7/2006. (ag, ) ORDER that 1. Rulings on the 21 Objection to Report and Recommendations and the 20 REPORT AND RECOMMENDATIONS are RESERVED. 2. The plaintiff's actions are STAYED, on the authority of Fillinger v. Cleveland Society for the Blind, 587 F.2d 336 (6th Cir. 1978), pending the exhaustion of administrative and arbitration remedies. 3. The plaintiff shall report to the Court on the status of his administrative and arbitration proceedings on 4/1/2006, and on the first of every month thereafter until arbitration is complete. Failure to report may result in dismissal of these actions. 4. The Clerk is DIRECTED to mail a copy of this ORDER to the plaintiff at his address of record. Signed by Judge William Keith Watkins on 3/23/2006. Copy mailed to plaintiff. (dmn) 3 2006-03-23 D09002ee18bcc56a8 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-3 almd-2_05-cv-00651_3.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-3 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-3.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-3 3 2006-03-23 ORDER that 1. Rulings on the 21 Objection to Report and Recommendations and the 20 REPORT AND RECOMMENDATIONS are RESERVED. 2. The plaintiff's actions are STAYED, on the authority of Fillinger v. Cleveland Society for the Blind, 587 F.2d 336 (6th Cir. 1978), pending the exhaustion of administrative and arbitration remedies. 3. The plaintiff shall report to the Court on the status of his administrative and arbitration proceedings on 4/1/2006, and on the first of every month thereafter until arbitration is complete. Failure to report may result in dismissal of these actions. 4. The Clerk is DIRECTED to mail a copy of this ORDER to the plaintiff at his address of record. Signed by Judge William Keith Watkins on 3/23/2006. Copy mailed to plaintiff. (dmn) ORDER SUSTAINING 21 Objection; REJECTING 20 REPORT AND RECOMMENDATIONS; DENYING without prejudice 5 and 8 MOTIONS to Dismiss; that plaintiff's actions continue to be stayed, pending the exhaustion of administrative andarbitration remedies; that plaintiff shall continue to report to the Court on the status of his administrative and arbitration proceedings on the first of every month until arbitration is complete. Signed by Judge William Keith Watkins on 9/20/2006. (Attachments: # (1) Civil Appeals Checklist) Copy mailed to plaintiff at address of record as directed.(cc, ) 4 2006-09-20 D09002ee18bcc56a6 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-4 almd-2_05-cv-00651_4.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-4 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-4.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-4 4 2006-09-20 ORDER SUSTAINING 21 Objection; REJECTING 20 REPORT AND RECOMMENDATIONS; DENYING without prejudice 5 and 8 MOTIONS to Dismiss; that plaintiff's actions continue to be stayed, pending the exhaustion of administrative andarbitration remedies; that plaintiff shall continue to report to the Court on the status of his administrative and arbitration proceedings on the first of every month until arbitration is complete. Signed by Judge William Keith Watkins on 9/20/2006. (Attachments: # (1) Civil Appeals Checklist) Copy mailed to plaintiff at address of record as directed.(cc, ) ORDER directing plaintiff TO SHOW CAUSE why this action should not be dismissed. Show Cause Response due by 11/1/2007. Status Conference set for 11/15/2007 at 02:00 PM in Courtroom 2E in Montgomery, AL before Honorable William Keith Watkins.The clerk of the court is DIRECTED to provide a court reporter at the status conference. The clerk of the court is further DIRECTED to mail a copy of this ORDER to the plaintiff at his address of record. Signed by Judge William Keith Watkins on 10/10/2007. Copies furnished to YG, HC, AR. Copy mailed to plaintiff as directed. (dmn) 5 2007-10-10 D09002ee18bcc56e5 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-5 almd-2_05-cv-00651_5.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-5 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-5.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-5 5 2007-10-10 ORDER directing plaintiff TO SHOW CAUSE why this action should not be dismissed. Show Cause Response due by 11/1/2007. Status Conference set for 11/15/2007 at 02:00 PM in Courtroom 2E in Montgomery, AL before Honorable William Keith Watkins.The clerk of the court is DIRECTED to provide a court reporter at the status conference. The clerk of the court is further DIRECTED to mail a copy of this ORDER to the plaintiff at his address of record. Signed by Judge William Keith Watkins on 10/10/2007. Copies furnished to YG, HC, AR. Copy mailed to plaintiff as directed. (dmn) ORDERED that the STAY entered on 9/20/06 is LIFTED and this case is referred to the Magistrate Judge for all appropriate proceedings. Signed by Honorable William Keith Watkins on 5/9/08. (sl, ) 6 2008-05-09 D09002ee18bcc56ac https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-6 almd-2_05-cv-00651_6.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-6 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-6.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-6 6 2008-05-09 ORDERED that the STAY entered on 9/20/06 is LIFTED and this case is referred to the Magistrate Judge for all appropriate proceedings. Signed by Honorable William Keith Watkins on 5/9/08. (sl, ) ORDERED that on or before 6/16/08, the plaintiff shall file a copy of the arbitration panel's decision. Signed by Honorable Charles S. Coody on 5/30/08. (sl, ) 7 2008-05-30 D09002ee18bcc56aa https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-7 almd-2_05-cv-00651_7.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-7 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-7.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-7 7 2008-05-30 ORDERED that on or before 6/16/08, the plaintiff shall file a copy of the arbitration panel's decision. Signed by Honorable Charles S. Coody on 5/30/08. (sl, ) RECOMMENDATION of the Magistrate Judge that the decision of the Department of Education arbitration panel be AFFIRMED and that this case be dismissed with prejudice. Having determined that the plaintiff's federal claims are due to be dismissed, it is further the Recommendation of the Magistrate Judge that the court DECLINE to exercise supplemental jurisdiction of the plaintiff's state law tort claims pursuant to 28 USC 1367, and that these claims be dismissed without prejudice. Objections to R&R due by 10/30/2008. Signed by Honorable Charles S. Coody on 10/17/08. (sl, ) 8 2008-10-17 D09002ee18bcc56e4 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-8 almd-2_05-cv-00651_8.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-8 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-8.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-8 8 2008-10-17 RECOMMENDATION of the Magistrate Judge that the decision of the Department of Education arbitration panel be AFFIRMED and that this case be dismissed with prejudice. Having determined that the plaintiff's federal claims are due to be dismissed, it is further the Recommendation of the Magistrate Judge that the court DECLINE to exercise supplemental jurisdiction of the plaintiff's state law tort claims pursuant to 28 USC 1367, and that these claims be dismissed without prejudice. Objections to R&R due by 10/30/2008. Signed by Honorable Charles S. Coody on 10/17/08. (sl, ) ORDERED as follows: (1) Mr. Scott's 59 objection is overruled; (2) the 57 Recommendation of the Magistrate Judge is adopted; (3) the decision of the Department of Education arbitration panel is affirmed; (4) Mr. Scott's federal claims are dismissed with prejudice; and (5) the court declines to exercise supplemental jurisdiction over Mr. Scott's state law claims pursuant to 28 USC 1367 and, thus, these claims are dismissed without prejudice. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 10/30/08. (sl, ) 9 2008-10-30 D09002ee18bcc56ab https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-9 almd-2_05-cv-00651_9.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-9 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-9.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-9 9 2008-10-30 ORDERED as follows: (1) Mr. Scott's 59 objection is overruled; (2) the 57 Recommendation of the Magistrate Judge is adopted; (3) the decision of the Department of Education arbitration panel is affirmed; (4) Mr. Scott's federal claims are dismissed with prejudice; and (5) the court declines to exercise supplemental jurisdiction over Mr. Scott's state law claims pursuant to 28 USC 1367 and, thus, these claims are dismissed without prejudice. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 10/30/08. (sl, ) FINAL JUDGMENT entered in favor of defendants and against plaintiff on all federal law claims and plaintiff's state law claims are dismissed without prejudice. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable William Keith Watkins on 10/30/08. (Attachments: # (1) Civil Appeals Checklist)(sl, ) 10 2008-10-30 D09002ee18bcc56a9 https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-10 almd-2_05-cv-00651_10.pdf https://www.govinfo.gov/app/details/USCOURTS-almd-2_05-cv-00651/USCOURTS-almd-2_05-cv-00651-10 https://www.govinfo.gov/content/pkg/USCOURTS-almd-2_05-cv-00651/pdf/USCOURTS-almd-2_05-cv-00651-10.pdf USCOURTS 2:05-cv-00651; Scott v. Swearengin (MAG+)(LEAD CASE); United States District Court Middle District of Alabama Alabama USCOURTS-almd-2_05-cv-00651-10 10 2008-10-30 FINAL JUDGMENT entered in favor of defendants and against plaintiff on all federal law claims and plaintiff's state law claims are dismissed without prejudice. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable William Keith Watkins on 10/30/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )