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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

_______________________________________

)

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

)

Defendants. )

______________________________________ )

DEFENDANT AMERICAN POSTAL WORKERS UNION, AFL-CIO’S 

MOTION TO WITHDRAW ITS MOTION TO DISMISS, 

OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 

The defendant American Postal Workers Union, AFL-CIO (“APWU”) respectfully moves to

withdraw without prejudice its motion to dismiss, or in the alternative, for summary judgment; the

memorandum in support of the motion; and the evidentiary submission attached thereto. Docket Entry

Nos. 41, 42, 43. In the absence of discovery, the APWU has reconsidered its motion and believes that

it may not fully understand the factual circumstances underlying the plaintiff’s claims. Therefore, the

APWU believes the motion may be premature.

The APWU filed this dispositive motion on February 20, 2007. Id. The plaintiff has not filed

a response to the motion and the court has yet to rule on it. As such, no party will suffer any prejudice

as a result of the withdrawal of the motion.

For these reasons, the APWU respectfully moves this Court to withdraw its motion to dismiss,

or in the alternative, for summary judgment.

Case 2:06-cv-00767-MEF-SRW Document 79 Filed 06/13/2007 Page 1 of 3
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A proposed order is attached.

Dated: June 13, 2007 Respectfully submitted,

O’DONNELL, SCHWARTZ & ANDERSON, P.C.

By:____/s/ Brenda Zwack_______

 Brenda C. Zwack (D.C. No. 482673)

 Admitted Pro Hac Vice

 1300 L Street, NW, Suite 1200

 Washington, DC 20005-4126

 Tel (202) 898-1707/Fax (202) 682-9276

 bzwack@odsalaw.com

Case 2:06-cv-00767-MEF-SRW Document 79 Filed 06/13/2007 Page 2 of 3
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Certificate of Service

I hereby certify that I have this day caused the following people to be served by first class mail

postage pre-paid and through the Court’s electronic filing system with a copy of the foregoing

Defendant American Postal Workers Union, AFL-CIO’s Motion to Withdraw Its Motion to Dismiss,

Or In The Alternative, For Summary Judgment:

Deborah M. Nickson

2820 Fairlane Drive, Suite A-10

Montgomery, AL 36116

William Post Roberts, II

Howell, Sarto & Howell

P.O. Box 681864

147 E. Main Street

Prattville, AL 36067

Dated: June 13, 2007 /s/ Brenda C. Zwack 

Case 2:06-cv-00767-MEF-SRW Document 79 Filed 06/13/2007 Page 3 of 3
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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

_______________________________________

)

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

)

Defendants. )

_______________________________________ )

ORDER

Upon consideration of the Defendant American Postal Workers Union AFL-CIO’s Motion

to Withdraw Its Motion To Dismiss, Or In The Alternative, For Summary Judgment, it is this ____

day of ____ 2007, hereby

ORDERED that the Defendant’s motion is GRANTED.

Dated: _____________________ ______________________________________

United States Magistrate Judge

Case 2:06-cv-00767-MEF-SRW Document 79-2 Filed 06/13/2007 Page 1 of 1