IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO.: 2:06-CV-767-F

)

JOHN E. POTTER, POSTMASTER )

GENERAL, et al., )

)

Defendants. )

DEFENDANT JOHN E. POTTER’S MOTION 

FOR FINAL JUDGMENT

COMES NOW Defendant, John E. Potter, in his official capacity as Postmaster

General of the United States, by and through Leura G. Canary, United States Attorney for

the Middle District of Alabama, and moves for entry of final judgment pursuant to

Federal Rule of Civil Procedure 54 (b). In support of this motion, the Postal Service

states as follows:

1. Plaintiff filed her complaint alleging a claim against John E. Potter in his

official capacity as Postmaster General on August 26, 2006.

2. On December 19, 2006, the Magistrate Judge issued a recommendation that

plaintiff’s claim against the Postmaster General be dismissed with prejudice.

3. By order dated January 25, 2007, Chief Judge Fuller adopted the

Recommendation and dismissed plaintiff’s claim with prejudice. The Court construed

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plaintiff’s objection to the Recommendation, in part, as potentially being a motion to

amend the complaint and referred the matter back to the Magistrate Judge for further

proceedings.

4. On February 1, 2007, this Court held a scheduling conference at which plaintiff

personally appeared. The Court instructed plaintiff that if she indeed wished to amend

her complaint, she must file a motion for leave to amend and a proposed amended

complaint on or before February 7, 2007. Plaintiff indicated that she understood the

Court’s instruction. In addition, the Rule 16 scheduling order states that any motions to

amend pleadings shall be filed no later than February 28, 2007. 

5. Both deadlines have passed, and Plaintiff has not filed a proposed amended

complaint or motion to amend. Plaintiff’s only claim against the Postmaster General has

been dismissed with prejudice.

6. This is a multi-party case. There is no just reason for delaying entry of final

judgment in favor of the Postmaster General while the claims against other parties are

resolved.

WHEREFORE, for the above reasons, Defendant, the Postmaster General,

requests that the Court direct entry of final judgment in his favor pursuant to Rule 54 (b)

of the Federal Rules of Civil Procedure. 

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Respectfully submitted this 5 day of March, 2007. 

th

LEURA G. CANARY 

United States Attorney

 By: /s/Stephen M. Doyle 

STEPHEN M. DOYLE

Chief, Civil Division

Assistant United States Attorney

Attorney for Defendant

Post Office Box 197

Montgomery, AL 36101-0197

District of Columbia Bar No. 422474 

Telephone No.: (334) 223-7280

Facsimile No.: (334) 223-7418

E-mail: stephen.doyle@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2007, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system which will send notification of such filing

to Anton Hajjar, Esq., Brenda Zwack, Esq., Patricia K. Nakamura, Esq., and William Post

Roberts, II, Esq., and mailed a copy of same, first class, postage prepaid, addressed as

follows:

Alma T. McBroom, Pro se

921 Hugh Street

Montgomery, AL 36108

 /s/Stephen M. Doyle 

Assistant United States Attorney

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