Case 1:15-cv-00067-CG-C Document 1 Filed 02/09/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

PAULA KAY HEDGEPETH; SARAN SILLS; )

DEANNA LADNIER; ALICE FISHER

)

WENDY SMITH; DEBORAH LYNN

)

PRESLEY; RUSSELL

)

MARTIN WILSON;

)

HILARY JOE BAKER; TIM JAN;KRISTY )

SIMMONS; MARSHAY SAFFORD;

)

DANDRICK COX;

)

BREONA YETT; PRISCILLA COATES

)

FRANCE STEWART, III,

)

KRISTYSIMMONS; and JAZMYN HAYES, )

Case No.: _ _ _ _ __

Plaintiffs,
v.
MOBILE COUNTY PROBATE JUDGE DON DAVIS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JOE MCEARCHEN, JR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THE CLERK OF COURT; MARK ERWIN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF STAFF OF THE PROBATE COURT OF MOBILE COUNTY; GOVERNOR ROBERT BENTLEY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF ALABAMA; LUTHER STRANGE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF ALABAMA; AND ROY MOORE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF JUSTICE
OFTHEALABAMASUPREMECOUR~
Defendants.

Case 1:15-cv-00067-CG-C Document 1 Filed 02/09/15 Page 2 of 3
COMPLAINT AND REOUEST FOR IMMEDIATE IN.JUNCTIYE RELIEF COME NOW the Plaintiffs, by and through undersigned counsel, and files this their Complaint and Request for Immediate Injunctive Reliefas follows: 1. This Court has recently issued two Orders striking down the Alabama Sanctity Laws (Alabama Const. Art. I § 36.03 (2006) and Ala. Code ]975 § 30-1-19) as being unconstitutional pursuant to the Equal Protection and Due Process Clauses of the Fourteenth Amendment. 2. This Court entered a stay that expired today, February 9, 2015. The Eleventh Circuit Court of Appeals and the Supreme Court of the United States upheld this Court's Order relative to the stay. The Supreme Court decided the same on on a 7-2 vote this morning. 3. Today, the Plaintiffs sought a marriage license from the Probate Court of Mobile County, Alabama. 4. After two conversations with Joe Mcearchen (Clerk of Court) and Mark Erwin (Chief of Staff), undersigned counsel was informed that the Probate Court of Mobile County would not open the marriage license office and, therefore, it is evident that they would not issue marriage licenses to same-sex couples. 5. Last evening, Judge Moore issued an Order directing the Probate Courts to disobey this Court's Orders as discussed above. 6. This Court has already held that the Alabama Sanctity Laws infringe on the 14th Amendment Rights of all same-sex couples. 7. Governor Bentley and Attorney General Strange have failed and refused to execute this Court's Orders. 8. Mcearchen and Erwin have directed their staff to not comply with this Court's Order.

Case 1:15-cv-00067-CG-C Document 1 Filed 02/09/15 Page 3 of 3
9. Plaintiffs hereby demand judgment against the Defendants, individually and collectively, for violation of their 14th Amendment Rights. Plaintiffs claim that this is a violation of their civil rights pursuant to 42 U.S.C. § 1983. 10. Plaintiffs hereby respectfully requests that this Court enter an Emergency Injunction commanding the Defendants to issue the marriage licenses guaranteed by the Constitution as interpreted by this Court. 11. Additionally, Plaintiffs respectfully request that this Court enter an award of sanctions against the Defendants, separately and severally, for their willful refusal to comply with this Court's Orders, and any and all further, additional, and/or different relief to which the Plaintiffs may be deemed entitled by this Court.
Respectfully submitted this 9th of February, 2015,
David G. Kennedy Attorney for the Plaintiffs david@kennedylawyers.com
251-338-9805 P.O. Box 556 Ie, Alabama 36601
Christine C. Hem Attorney for the mtiffs christine@hemandczlaw.comcastbiz.net
251-479-1477 P.O. Box 66174 Mobile, Alabama 36660

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

PAULA KAY HEDGEPETH, et al., )

)

Plaintiffs,

)

)

vs.

) CIVIL ACTION NO. 15-0067-C

)

MOBILE COUNTY PROBATE

)

JUDGE DON DAVIS, individually )

and in his official capacity, et al., )

)

Defendants.

)

ORDER This matter is before the court on the request for immediate relief contained in Plaintiffs’ complaint. (Doc. 1). It is not clear whether Plaintiffs seek a temporary restraining order (TRO) or a preliminary injunction. The court may issue a TRO without notice to the adverse party only if: (a) Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will re-sult to the movant before the adverse party can be heard in opposition; and (B) the movant’ attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. FED. R. CIV. P. 65(b). Plaintiffs have not provided any affidavit evidence, did not file a verified complaint, and have not certified their efforts made to give notice and the
1

reasons why it should not be required. Accordingly, to the extent Plaintiffs seek a TRO, the motion is DENIED.
A preliminary injunction can be obtained only after the adverse parties have received notice. FED. R. CIV. P. 65(a)(1). There are numerous defendants named in this action, but at this time, only counsel on behalf of Attorney General Luther Strange have appeared in this matter. There is no proof of service on any other party. The court will not consider a preliminary injunction in this matter until all of the defendants have been notified. However, because Plaintiffs’ claims in this case are almost identical to another case currently set for a preliminary injunction hearing in this court and the result of that hearing may impact Plaintiffs in this case, the court will allow counsel for Plaintiffs to participate in that hearing. A preliminary injunction hearing is set in Case No. 14-0424-CG-C on February 12, 2015, at 1:00 p.m., in Courtroom 2B, United States Courthouse, Mobile, Alabama.
DONE and ORDERED this 10th day of February, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE
2

 
 Case 1:15-cv-00067-CG-C Document 35 Filed 03/26/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

PAULA KAY HEDGEPETH, et al., Plaintiffs,
vs. ROBERT BENTLEY, et al.,
Defendants.

) ) ) ) ) CIVIL ACTION NO. 15-0067-CG-C ) ) ) )

ORDER

This cause is before the court on the Motion to Designate Motion to Dismiss

of Governor Robert Bentley (Doc. 17) as Unopposed and to Grant Motion (Doc. 33),

and Plaintiffs’ Motion to Dismiss (Doc. 34).

Upon due consideration, the Plaintiffs’ motion to dismiss with respect to

Defendant Governor Robert Bentley is GRANTED, Defendant’s request for

dismissal with prejudice is GRANTED, and Plaintiff’s claims against Defendant

Governor Robert Bentley are hereby DISMISSED with prejudice.

Unless Defendants Attorney General Luther Strange, III and Chief Justice

Roy Moore file objections to the Plaintiffs motion to dismiss, on or before April 2,

2015, the Plaintiffs’ motion to dismiss as to Defendants Attorney General Luther

Strange, III and Chief Justice Roy Moore will be deemed to be GRANTED as of

April 2, 2015 pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and

the Plaintiffs’ claims against said defendants will be deemed to be DISMISSED

Case 1:15-cv-00067-CG-C Document 35 Filed 03/26/15 Page 2 of 2 without prejudice as of April 2, 2015, without further order from the court. 1
DONE and ORDERED this 26th day of March, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE
1In the event that no objections are filed as set forth above, all previously filed motions, still pending before the court, will be deemed to be MOOT as of April 2, 2015, without further order from the court.
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

PAULA KAY HEDGEPETH, et al., Plaintiffs,
vs. ROY MOORE,
Defendant.

) ) ) ) ) CIVIL ACTION NO. 15-0067-C ) ) ) )

ORDER

This matter is before the court on Plaintiffs’ motion to dismiss (Doc. 34),

Judge Roy Moore’s response thereto (Doc. 36), and Moore’s notice of withdrawal of

his request to dismiss with prejudice (Doc. 37). Defendant Bentley had previously moved to dismiss the claims against him
and after Plaintiffs failed to respond, moved for his motion to dismiss to be considered unopposed and granted. (Doc. 33). Plaintiff then moved to voluntarily dismiss their claims against all defendants. (Doc. 34). This court granted Plaintiff’s

motion as to Defendant Bentley but stated that unless the Attorney General and

Chief Justice Roy Moore objected on or before April 2, 2015, Plaintiffs’ motion to

dismiss would be deemed granted and all claims against these remaining

defendants would be deemed dismissed without prejudice. (Doc. 34). The Attorney

1

General did not file an objection. On April 2, 2015, Chief Justice Roy Moore filed a response, requesting that the claims against him be dismissed with prejudice. (Doc. 36). However, on June 16, 2015, Moore filed a notice of withdrawal of his request to dismiss with prejudice. (Doc. 37). In the notice, Chief Justice Moore states that Plaintiffs’ motion to dismiss was effective to dismiss all of Plaintiffs’ claims against him without prejudice.
In light of Moore’s concession, Plaintiffs’ motion to dismiss (Doc. 34) is GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy Moore are hereby DISMISSED without prejudice.
There being no further claims pending, the Clerk of Court is directed to close the file.
DONE and ORDERED this 22nd day of June, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE
2

 
 Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 1 of 8

U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:15−cv−00067−CG−C

CLOSED2015

Hedgepeth et al v. Robert Bentley, et al. Assigned to: Senior Judge Callie V. S. Granade Referred to: Magistrate Judge William E. Cassady Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 02/09/2015 Date Terminated: 06/22/2015 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Paula Kay Hedgepeth

represented by Christine Cassie Hernandez P.O. Box 66174 Mobile, AL 36660 251−479−1477 Email: christine@hernandezlaw.comcastbiz.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy P.O. Box 556 Mobile, AL 36601 251−338−9805 Email: david@kennedylawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Saran Sills

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Deanna Ladnier

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Alice Fisher

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 2 of 8

Plaintiff Wendy Smith

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Deborah Lynn Presley

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Russell Martin Wilson

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Hilary Joe Baker

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Tim Jan

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Kristy Simmons

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 3 of 8

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Marshay Safford

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Dandrick Cox

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Breona Yett

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Priscilla Coates

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff France Stewart, III

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 4 of 8

Jazmyn Hayes

represented by Christine Cassie Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Graham Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Don Davis Mobile County Probate Judge, Individually and in his Official Capacity TERMINATED: 02/24/2015
Defendant Joe McEarchern, Jr. Individually and in his Official Capacity as the Clerk of Court TERMINATED: 02/24/2015
Defendant Mark Erwin Individually and in his Official Capacity as Chief of Staff of the Probate Court of Mobile County TERMINATED: 02/24/2015
Defendant Robert Bentley Individually and in his Official Capacity as Governor of the State of Alabama TERMINATED: 03/26/2015

represented by Harry V. Satterwhite Satterwhite & Associates, LLC 1325 Dauphin Street Mobile, AL 36604 (251) 432−8120 Fax: (251) 405−0147 Email: harry@satterwhitelaw.com
Joseph Michael Druhan , Jr. Druhan & Tyler LLC 1106 Dauphin Street P. O. Box 6 Mobile, AL 36601 (251) 202−5529 Email: mike@dt−legal.com
represented by Algert S. Agricola , Jr. 60 Commerce Street, Suite 1400 Montgomery, AL 36104 334−834−5290 Fax: 334−834−5297 Email: aagricola@rdafirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David B. Byrne , Jr. Governer's Legal Office 600 Dexter Room NB05 Montgomery, AL 36130 334−353−2833 Email: david.byrne@governor.alabama.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 5 of 8

Defendant Luther Strange, III Individually and in his Official Capacity as Attorney General of the State of Alabama TERMINATED: 04/02/2015
Defendant Roy Moore Individually and in his Official Capacity as Chief Justice of the Alabama Supreme Court

represented by James W. Davis Office of the Attorney General 501 Washington Ave. Montgomery, AL 36130−0152 334−353−1356 Fax: 334−353−8440 Email: jimdavis@ago.state.al.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura Elizabeth Howell 501 Washington Avenue Montgomery, AL 36104 334−242−7432 Email: lhowell@ago.state.al.us ATTORNEY TO BE NOTICED
represented by Herbert W. Titus 370 Maple Ave. W., Suite 4 Vienna, VA 22180 757−421−4141 Email: wjo@mindspring.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Douglas McElvy McElvy Law Firm 2740 Zelda Road, 4th Floor Aliant Center Montgomery, AL 36106 334−293−0567 Fax: 334−293−0565 Email: dmcelvy@mcelvylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth C. Wible 1545 S Perry St Montgomery, AL 36104 334−834−6238 Fax: 3342613489 Email: bitsiewible@bellsouth.net ATTORNEY TO BE NOTICED
William J. Olson 370 Maple Ave. W., Suite 4 Vienna, VA 22180 703−356−5070 Email: wjo@mindspring.com ATTORNEY TO BE NOTICED

Date Filed 02/09/2015

# Docket Text
1 COMPLAINT and Request For Immediate Injunctive Relief against All Defendants ( Filing fee $400 receipt number 1128−1696364, Online Credit Card Payment), filed by Deanna Ladnier, Tim Jan, Paula K. Hedgepeth, Wendy Smith, Deborah L. Presley, Kristy Simmons, Marshay Safford, France Stewart, III, Saran Sills, Breona Yett, Priscilla Coates, Jazmyn Hayes, Alice Fisher, Russell M. Wilson, Dandrick Cox. (Hernandez, Christine) (Additional attachment(s) added on 2/9/2015: # 1 Civil Cover Sheet) (mab). (Entered: 02/09/2015)

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 6 of 8

02/09/2015 02/09/2015 02/09/2015 02/09/2015 02/10/2015 02/10/2015 02/10/2015
02/10/2015
02/10/2015
02/10/2015
02/11/2015 02/11/2015
02/11/2015
02/12/2015 02/12/2015

2 NOTICE of Filing Proposed Summons by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett (Hernandez, Christine) (Entered: 02/09/2015)
MOTION for Preliminary Injunction by Paula K. Hedgepeth, et al. (See Doc. 1 ); Referred to Judge Callie V. S. Granade. (mab) (Entered: 02/09/2015)
3 Summonses Issued as to Robert Bentley, Don Davis, C. Mark Erwin, Joe McEarchern, Jr, Roy Moore, Probate Court of Mobile County, Luther Strange, III. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) (Entered: 02/09/2015)
4 Service Notice issued 2/9/2015. Plaintiffs' Notice of Service Attempts due by 3/26/2015. (mab) (Entered: 02/09/2015)
5 NOTICE of Appearance by James W. Davis on behalf of Luther Strange, III (Davis, James) (Entered: 02/10/2015)
6 NOTICE of Appearance by Laura Elizabeth Howell on behalf of Luther Strange, III (Howell, Laura) (Entered: 02/10/2015)
7 Order re: request for immediate relief contained in Plfs' 1 Complaint. To the extent Plfs seek a TRO, the motion is DENIED as set out. Court will not consider a preliminary injunction until all of the dts have been notified. Court will allow counsel for Plfs to participate in preliminary injunction hrg set in Case No. 14−0424−CG−C on 2/12/15 at 1:00 p.m., as set out. Signed by Judge Callie V. S. Granade on 2/10/2015. (tot) (Entered: 02/10/2015)
8 AFFIDAVIT of Service for Summons & Complaint served on Don Davis on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)
9 AFFIDAVIT of Service for Summons & Complaint served on Mark Erwin on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)
10 AFFIDAVIT of Service for Summons & Complaint served on Joe McEarchern, Jr. on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)
11 NOTICE of Appearance by Algert S. Agricola, Jr on behalf of Robert Bentley (Agricola, Algert) (Entered: 02/11/2015)
12 AFFIDAVIT of Service for Summons & Complaint served on Roy Moore on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)
13 AFFIDAVIT of Service for Summons & Complaint served on Robert Bentley on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)
14 NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/12/2015)
15 NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/12/2015)

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 7 of 8

02/13/2015
02/18/2015 02/18/2015 02/18/2015 02/18/2015
02/24/2015 02/24/2015
02/24/2015 02/25/2015 02/26/2015 02/26/2015 02/26/2015 02/26/2015 02/26/2015
03/02/2015
03/17/2015 03/17/2015

16 MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Kennedy, David) (Entered: 02/13/2015)
MOTIONS REFERRED: 16 MOTION/Stipulation for Dismissal of Mobile County Probate Judge Don Davis, Joe McEarchern, Jr. and C. Mark Erwin Referred to Judge Callie V. S. Granade. (mab) (Entered: 02/18/2015)
17 MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof by Robert Bentley. (Agricola, Algert) (Entered: 02/18/2015)
MOTIONS REFERRED: 17 MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof Referred to Judge William E. Cassady. (mab) (Entered: 02/18/2015)
18 Order re: 17 MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof filed by Robert Bentley. Plaintiffs' response due by Defendant on 3/11/2015. Any reply due by 3/18/2015. Motion to be taken under submission on 3/19/2015. Signed by Magistrate Judge William E. Cassady on 2/18/2015. (mab) (Entered: 02/19/2015)
19 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/6/2015. Signed by Magistrate Judge William E. Cassady on 2/24/2015. (Attachment: # 1 consent form) (mab) (Entered: 02/24/2015)
20 ORDER, GRANTING 16 Motion for Dismissal, and DISMISSING with prejudice plaintiffs' claims against Defendants Mobile County Probate Judge Don Davis, Joe McEarchern, Jr., and C. Mark Erwin in their individual and official capacities. Signed by Judge Callie V. S. Granade on 2/24/2015. (mab) (Entered: 02/24/2015)
21 MOTION to Dismiss Claims Against the Attorney General by Luther Strange, III. (Davis, James) (Entered: 02/24/2015)
MOTIONS REFERRED: 21 MOTION to Dismiss Claims Against the Attorney General Referred to Judge William E. Cassady. (mab) (Entered: 02/25/2015)
22 NOTICE of Appearance by James Douglas McElvy on behalf of Roy Moore (McElvy, James) (Entered: 02/26/2015)
23 NOTICE of Appearance by Elizabeth C. Wible on behalf of Roy Moore (Wible, Elizabeth) (Entered: 02/26/2015)
24 Unopposed MOTION for Extension of Time for Responding to Complaint by Roy Moore. (McElvy, James) (Entered: 02/26/2015)
MOTIONS REFERRED: 24 MOTION for Extension of Time for Responding to Complaint Referred to Judge Callie V. S. Granade. (mab) (Entered: 02/26/2015)
25 ENDORSED ORDER, GRANTING 24 MOTION by Chief Justice Roy S. Moore to Extend the Time for Responding to the Complaint. Response to complaint due from Chief Justice Roy Moore on 3/17/2015. Signed by Judge Callie V. S. Granade on 2/26/2015. (mab) (Entered: 02/26/2015)
26 Order, re: 17 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Bentley, and 21 MOTION to Dismiss Claims Against the Attorney General filed by Luther Strange, III. Plaintiffs' responses to motions due 3/19/2015. Any replies due from Defendants by 3/26/2015. Motions to be taken under submission on 3/27/2015. Style of case is now changed in that it only includes the names of the current defendants. Parties directed to use the appropriate style: Paula Kay Hedgepeth, et al., v. Robert Bentley, et al. Signed by Magistrate Judge William E. Cassady on 3/2/2015. (mab) (Entered: 03/02/2015)
27 MOTION to Dismiss Complaint by Roy Moore. (McElvy, James) (Entered: 03/17/2015)
28 Brief filed by Roy Moore re 27 MOTION to Dismiss Complaint . (McElvy, James) (Entered: 03/17/2015)

Case: 1:15-cv-67 As of: 11/05/2017 07:27 PM CST 8 of 8

03/18/2015 03/18/2015 03/18/2015 03/18/2015
03/19/2015 03/20/2015 03/20/2015 03/20/2015 03/24/2015
03/26/2015
04/02/2015 06/16/2015 06/16/2015 06/22/2015

29 MOTION for Herbert W. Titus to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128−1714117, Online Credit Card Payment.) by Roy Moore. (Titus, Herbert) (Entered: 03/18/2015)
30 MOTION for William J. Olson to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128−1714123, Online Credit Card Payment.) by Roy Moore. (Olson, William) (Entered: 03/18/2015)
REFERRAL OF 27 MOTION to Dismiss Complaint and 28 Brief in support to Judge William E. Cassady. (mab) (Entered: 03/18/2015)
MOTIONS REFERRED: 29 MOTION of Herbert W. Titus for Admission Pro Hac Vice, with application and Certificate of Good Standing ( Filing fee $ 50, Receipt number 1128−1714117, Online Credit Card Payment.); and 30 MOTION of William J. Olson for Admission Pro Hac Vice, with application and Certificate of Good Standing ( Filing fee $ 50, Receipt number 1128−1714123, Online Credit Card Payment.) Referred to Judge William E. Cassady. (mab) (Entered: 03/18/2015)
32 Order re: 27 MOTION to Dismiss Complaint filed by Roy Moore. Plaintiffs' response due by 4/9/2015. Defendant's reply due by 4/16/2015. Motion to be taken under submission on 4/17/2015. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)
31 ORDER, GRANTING motions for admission pro hac vice of Attorneys 29 Herbert William Titus and 30 William Jeffrey Olson. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)
33 MOTION to Designate 17 Motion to Dismiss of Governor Robert Bentley as Unopposed and to Grant Motion, by Robert Bentley. (Agricola, Algert) (Entered: 03/20/2015)
MOTIONS REFERRED: 33 MOTION to Designate 17 Motion to Dismiss of Governor Bentley as Unopposed and to Grant Motion Referred to Judge William E. Cassady. (mab) (Entered: 03/20/2015)
34 MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Hernandez, Christine) (Entered: 03/24/2015)
35 Order, GRANTING Plaintiffs' 34 Motion to dismiss with respect to Defendant Governor Robert Bentley, GRANTING Defendant's request for dismissal with prejudice, and DISMISSING with prejudice Plaintiffs' claims against Defendant Robert Bentley. Unless Defendants Attorney General Luther Strange, III and Chief Justice Roy Moore file objections to the Plaintiffs' 34 Motion to dismiss, on or before 4/2/2015, Plaintiffs' claims against said defendants will be dismissed without prejudice, and all pending motions will be deemed to be moot without further order from the court. Signed by Judge Callie V. S. Granade on 3/26/2015. (mab) (Entered: 03/27/2015)
36 RESPONSE to 34 MOTION to Dismiss by Plaintiffs & Request to Dismiss With Prejudice filed by Roy Moore. (McElvy, James) (Entered: 04/02/2015)
37 NOTICE of Withdrawal of 36 Request to Dismiss with Prejudice, filed by Roy Moore. (McElvy, James) Modified on 6/16/2015 (mab). (Entered: 06/16/2015)
REFERRAL OF 37 NOTICE of Withdrawal of 36 Request to Dismiss with Prejudice to Judge Granade. (mab) (Entered: 06/16/2015)
38 ORDER, Plaintiffs' motion to dismiss (Doc. 34 ) is GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy Moore are hereby DISMISSED without prejudice. Signed by Judge Callie V. S. Granade on 6/22/2015. (mab) (Entered: 06/22/2015)