27-0 - Joint Motion To Continue and Enforce
27-0 - Joint Motion To Continue and Enforce
27-0 - Joint Motion To Continue and Enforce
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) Case No. 3:15-CV-647-WKW-SRW
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1.
This putative class action lawsuit was just filed on September 8, 2015.
(Doc. 1). The lawsuit includes challenges to the constitutionality of certain alleged
practices / procedures at the Alexander City Municipal Court and seeks equitable
relief as well as damages. A motion for temporary and preliminary injunctive
relief was filed on the same day the complaint was filed, as was a motion for
certification of a class of plaintiffs on the request for equitable relief. (See Docs. 2,
4). The Court has set a hearing on the motion for injunctive relief for September
25, 2015, and has ordered briefing on certain matters in advance of that hearing.
(See Doc. 20.) An answer is presently due on behalf of the City on September 29,
2015.
2.
issues presented by the lawsuit and determined that all parties would like to
explore, in detail, the possibility of settlement. Accordingly, the parties have
agreed to jointly petition the Court to continue generally all matters identified in
the opening paragraph of this motion in order to facilitate consideration of a
settlement without prejudice to any partys position and without the unnecessary
accrual of attorneys fees.
3.
Alexander City hereby stipulates that it will not act to incarcerate any municipal
court defendant on the sole basis of nonpayment of fines or costs imposed during
nonpayment of payment plans. The City also stipulates that it will provide to
plaintiffs counsel a copy of jail logs for the Alexander City Jail showing persons
processed into the Jail on the date Municipal Court proceedings were held, for
verification purposes. A copy of the jail logs will be delivered by facsimile or
electronic mail to plaintiffs counsel by no later than close of business the day after
Municipal Court proceedings are held.
Other than as expressly set out above, the City retains full rights to
enforce the law, to arrest offenders, to prosecute offenses, to reach plea agreements
with municipal court defendants, to jail those defendants who are arrested or
sentenced on grounds other than the nonpayment of fines or costs, and to otherwise
carry on the efficient administration of justice within the City. Furthermore, this
stipulation is not to be understood to prevent Alexander Citys independent
municipal judge from ordering payment plans or community service, where
appropriate; from continuing court dates or appearances to times beyond December
31, 2015; or from otherwise presiding over municipal court dockets during this or
any other time.
5.
Finally, all parties to this lawsuit agree and hereby stipulate that
The parties stipulate that the Court shall have the authority to enforce
parties request that the Court also set a hearing on the motions for preliminary
injunction and class certification as soon thereafter as is practicable.
s/Samuel Brooke
Samuel Brooke
Sara Zampierin
Valentina Restrepo
Southern Poverty Law Center
400 Washington Avenue
Montgomery, AL 36104
E-mail: [email protected]
E-mail: [email protected]
E-mail: [email protected]
Attorneys for Plaintiffs
s/ David J. Canupp
David J. Canupp
(asb-3731-d46c)
LANIER FORD SHAVER & PAYNE, P.C.
P. O. Box 2087
2101 West Clinton Avenue, Suite 102 (35805)
Huntsville, AL 35804
Phone: 256-535-1100 / Fax: 256-533-9322
E-mail: [email protected]
s/ William Larkin Radney, III
William Larkin Radney, III
(asb-1474-r81w)
BARNES & RADNEY, P.C.
P.O. Drawer 877
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CERTIFICATE OF SERVICE
I certify that I have filed the foregoing with the Clerk of the Court using the
ECF System, which will send notification of such filing to the following parties of
record who are registered for electronic filing:
David J. Canupp
Brad A. Chynoweth
LANIER FORD SHAVER & PAYNE, P.C.
P. O. Box 2087
2101 West Clinton Avenue, Suite 102 (35805)
Huntsville, AL 35804
William Larkin Radney, III
BARNES & RADNEY, P.C.
P.O. Drawer 877
Alexander City, AL 35011-0877
on this the 17th day of September, 2015.
s/ Samuel Brooke
Samuel Brooke