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McQueen v. State of Alabama Department of Transportation

United States District Court, M.D. Alabama, Northern Division

July 5, 2018

CLAUDE MCQUEEN, Plaintiff,
v.
STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION, Defendant.

          MEMORANDUM OPINION AND ORDER

          TERRY F. MOORER, UNITED STATES MAGISTRATE JUDGE.

         This action is assigned to the undersigned magistrate judge to conduct all proceedings and order entry of judgment by consent of all the parties pursuant to 28 U.S.C. § 636(c). See Docs. 18-19. Now pending before the Court is Plaintiff's Motion to Set Aside Final Dismissal which the Court construed as a Motion for Reconsideration. See Doc. 38, filed 6/15/18). The basis for the request was that the Eleventh Circuit reinstated his appeal on the first case he filed in this Court. In response to the Court's show cause order, the Defendant opposed the motion for reconsideration. The motion is fully submitted and ripe for review. After a careful review of all the written pleadings, motions, responses, and replies, the Court GRANTS the motion for reconsideration to the extent the Final Judgment is set aside and this case is STAYED pending the Eleventh Circuit appeal in McQueen I.

         I. Procedural Background

         The Court gave a detailed recitation of facts and a timeline which are incorporated here. See Doc. 36. However, based upon new facts, the Court modifies the timeline previously presented in the Memorandum Opinion.

         General Timeline - Summary

         • October 1, 2014 - McQueen I case filed in the Middle District of Alabama.

         • March 2016 - McQueen given a poor evaluation which he then almost immediately files an EEOC charge of race discrimination and retaliation for his prior protected activity.

         • January 9, 2017 - EEOC issued a Notice of Right to Sue letter regarding the allegations of race discrimination and retaliation for the March 2016 poor evaluation.

         • March 20, 2017 -Defendant's Motion for Summary Judgment filed in McQueen I.

         • April 12, 2017 - McQueen II case filed in the Middle District of Alabama.

         • April 20, 2017 - Plaintiff filed response to summary judgment motion in McQueen I. Discussing same issues of retaliation filed in McQueen II.

         • June 30, 2017 - Court grants summary judgment in McQueen I and dismisses case.

         • July 28, 2017 - Notice of Appeal to Eleventh Circuit ...


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