United States District Court, M.D. Alabama, Northern Division
MEMORANDUM OPINION AND ORDER
F. MOORER, UNITED STATES MAGISTRATE JUDGE.
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.
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.
Timeline - Summary
October 1, 2014 - McQueen I case filed in the Middle District
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
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
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 ...