IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
) CIVIL ACTION NO.
H.R. III, L.L.C., d/b/a
Upon consideration of the opinion of the United States
Court of Appeals for the Eleventh Circuit entered on March
17, 2005, wherein the final judgment of this court made and
entered herein on July 23, 2003 (Doc. no. 44), was reversed;
and the mandate of the United States Court of Appeals for
the Eleventh Circuit issued on April 15, 2005, and received
in the office of the clerk of this court on April 18, 2005
(Doc. no. 49), it is the ORDER, JUDGMENT, and DECREE of the
Case 2:02-cv-00403-MHT-DRB Document 51 Filed 04/19/2005 Page 1 of 2
Burkette v. H.R. III, L.L.C. d/b/a Hardee's
court that the final judgment of this court made and entered
on July 23, 2003 (Doc. no. 44), is vacated.
It is further ORDERED that this cause is set for jury
selection and trial on August 8, 2005, at 10:00 a.m. in
Courtroom 2E of the Frank M. Johnson Jr. United States
Courthouse Complex, One Church Street, Montgomery, Alabama.
The parties are encouraged to attempt, in the meantime,
to settle this case.
Done, this the 19th day of April, 2005.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Case 2:02-cv-00403-MHT-DRB Document 51 Filed 04/19/2005 Page 2 of 2