Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 1 of 35

FILED

2011 Aug-11 PM 03:26

U.S. DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT

N.D. OF ALABAMA

FOR THE NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION

Rt. Rev. HENRY N. PARSLEY, JR., in his official capacity as Bishop of the Episcopal Church in the Diocese of Alabama; Rev. Dr. WILLIAM H. WILLIMON, in his individual capacity as Bishop of the North Alabama Conference of the United Methodist Church; Most Rev. THOMAS J. RODI, Roman Catholic Archbishop of Mobile, a corporation sole; and Most Rev. ROBERT J. BAKER, Roman Catholic Bishop of Birmingham in Alabama, a corporation sole; the BENDICTINE SISTERS OF CULLMAN, ALABAMA, INC.; and the BENEDICTINE SOCIETY OF ALABAMA;
Plaintiffs,
v.
ROBERT BENTLEY, in his official capacity as Governor of the State of Alabama; LUTHER STRANGE, in his official capacity as Attorney General of the State of Alabama; and ROBERT L. BROUSSARD, in his official capacity as District Attorney of Madison County, Alabama,
Defendants.

Civil Action File No.: ll-cv-2736
Associated Cases: ll-cv-2746 and ll-cv-2484

PLAINTIFFS' SECOND AMENDED COMPLAINT

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PRELIMINARY STATEMENT 1. Motivated by God's mandate that the faithful are humbly bound to welcome and care for all people, the leaders of the Episcopal, Methodist and Roman Catholic churches of Alabama respectfully request this Court to stop the enforcement of Alabama's Anti-Immigration Law. The bishops seek this Court's declaratory and injunctive relief to prevent irreparable hann to the 338,000 members of Alabama's Episcopal, Methodist and Roman Catholic churches as well as other residents, who will directly suffer under Alabama's new law, the nation's most merciless anti-immigration legislation. If enforced, Alabama's AntiImmigration Law will make it a crime to follow God's command to be Good Samaritans. Luke 10:25-37. Without relief from this Court, the Law will prohibit the members of these mainstream congregations from being able to freely practice their faith to minister to all of God's children without regard to immigration status. If enforced, the Law will place Alabama church members in the untenable position of verifying individuals' immigration documentation before being able to follow God's Word to "love thy neighbor as thyself." Matthew 22:39. Alabama's AntiImmigration Law may brand Christians as criminals. 2. The Anti-Immigration Law, No. 2011-535 of the 2011 Regular Session of the Alabama Legislature, violates the First Amendment rights of members of Alabama's faith community to freely exercise their requisite duty to practice the
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Gospel. Biblical teachings to extend hospitality to all people without reservation
are obligatory to members of Alabama's Episcopal, Methodist and Roman Catholic
religions as well as other faiths. These Bible-based instructions to feed the hungry,
shelter the homeless and clothe the naked are in direct conflict with the Law's
restrictions against assisting undocumented Alabama residents. In fact,
Representative Micky Hammon, who sponsored the House Anti-Immigration Bill
("HB 56"), admitted that the intention is to ensure Alabamians are inhospitable to
strangers. "This bill is designed to make it difficult for them to live here so they
will deport themselves," Representative Hammon said. Kim Chandler, "Alabama
House passes Arizona-style immigration law," The Birmingham News, April 5,
2011. In contrast, the Bible is replete with directions on how to selflessly welcome
all people without reservation such as:
• 1 John 3:17 But if anyone has the world's goods and sees his brother in need, yet closes his heart against him, how does God's love abide in him?
• Matthew 25:35-40 For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me, I was naked and you clothed me, I was sick and you visited me, I was in prison and you came to me.' Then the righteous will answer him, saying, 'Lord, when did we see you hungry and feed you, or thirsty and give you drink? And when did we see you a stranger and welcome you, or naked and clothe you? And when did we see you sick or in prison and visit you?' And the King will answer them, 'Truly, I say to you, as you did it to one of the least of these, my brothers, you did it to me. '
• Exodus 22:21
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You shall not wrong or oppress a resident alien, for you were aliens in the land of Egypt. 3. Members of Alabama's Episcopal, Methodist and Roman Catholic churches will perpetrate crimes by knowingly providing food, clothing, shelter and transportation to those in need without first ensuring compliance with the stipulations of the Anti-Immigration Law. Moreover, the ministry of the churches, by providing such services to known undocumented persons, is criminalized under this Law. To forbid members of Alabama's faith communities from providing these services is in violation of their sincere religious belief to help others without reservation. Members of Alabama's Episcopal, Methodist and Roman Catholic churches are so sincerely committed to welcoming strangers that they demonstrate their commitment by engaging in ministries throughout the state to provide meals, housing, transportation and educational services. 4. The Catechism of the Roman Catholic Church well SU11ll11anZeS the doctrine of service that is also embraced by the Episcopal and Methodist denominations in the words of the Epistle of James: He who has two coats, let him share with him who has none; and he who has food must do likewise. But give alms those things which are within; and behold, everything is clean for you. If a brother or sister is ill-clad and in lack of daily food, and one of you says to them, 'Go in peace, be warmed and filled,' without giving them the things needed for the body, what does it profit?
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§ 2447 of the Catechism ofthe Catholic Church available at http://www.vatican.va/archive/ccccss/archive/catechism/p3s2c2a7.htm.; see also James 2:15-16.
5. In addition, the Anti-Immigration Law violates the rights of Alabama residents to freely assemble and welcome all people to the altar. Due to fear of criminal prosecution, many residents will be unable to attend worship services, Bible study and other religious activities, and many Christian citizens of the state will be prohibited from assisting them in doing so.
6. The Anti-Immigration Law also violates the ability of the Episcopal, Methodist and Roman Catholic churches to freely contract in Alabama. The churches enter into contracts daily through the management of denominational thrift stores benefiting those in need as well as through the operation of church day cares. Also, the Episcopal, Methodist and Roman Catholic churches facilitate contracts with individuals as well as between individuals and their congregations by performing marriages, baptisms and providing counseling services. The churches will be in criminal violation of the Law by failing to verify the immigration status of individuals whom they suspect of being undocumented. Further, the Bishops have reason to fear that administering of religious sacraments, which are central to the Christian faith, to known undocumented persons may be criminalized under this Law.
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7. Among other constitutional defects, the Anti-Immigration Law is void for vagueness because the authors fail to ensure an average citizen can understand what constitutes violations, what the penalties are and what are the exemptions and allowable activities. For example, the Law intends "to criminalize certain behavior relating to concealing, harboring, shielding, or attempting to conceal, harbor, or shield unauthorized aliens" but then fails to define what constitutes "concealing, harboring" or "shielding." In addition, the Law fails to delineate what attributes should cause one to suspect an individual may be "unauthorized."
8. The Anti-Immigration Law runs counter to the Christian spirit of compassion. The law is unconstitutional and a direct affront to the recognized and accepted Word of God. Because Alabama citizens are entitled to freely exercise their religion to show mercy to all people regardless of their immigration status, the leaders of the Episcopal, Methodist and Roman Catholic churches of Alabama respectfully request this court to issue declaratory and injunctive relief to stop the enforcement ofthe Law.
JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 because this action arises under the Constitution and laws of the United States, and pursuant to 28 U.S.C. § 1343 because this action seeks to
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redress the deprivation, under color of state law, of the plaintiffs' civil rights and to secure equitable or other relief for the violation of those rights.
10. This Court has jurisdiction to grant declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202, and Federal Rule of Civil Procedure 57.
11. Venue is proper in this District and Division under 28 U.S.C. § 1391(b). The defendants are sued in their official capacities. Each defendant resides within the State of Alabama and at least one defendant resides within this District and Division.
PLANTIFFS 12. The Right Reverend Henry N. Parsley Jr. is the Episcopal Bishop of Alabama and is the spiritual and administrative leader of the Diocese. 13. Established in 1830, the Episcopal Church in the Diocese of Alabama encompasses 33,000 members in 91 parishes and worshipping cOlmnunities and eight college campus ministries. The Diocese includes all of Alabama except the Gulf Coast region. 14. In his role, Bishop Parsley represents all 33,000 members of the Alabama diocese. 15. In general, the Episcopal Church is organized into dioceses led by bishops in consultation with representative bodies of the larger church as a whole.
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16. The Episcopal Church is a fellowship within the one holy catholic and apostolic church, propagating the faith as set fOlih in the Bible and the Book of Common Prayer.
17. "The Episcopal Church strives to live by the message of Christ, in which there are no outcasts and all are welcome. Walking a middle way between Roman Catholicism and Protestant traditions, we are a sacramental and worship-oriented church that promotes thoughtful debate about what God is calling us to do and be, as followers of Christ." Welcome to the Episcopal Church! at http://www.episcopalchurch.org/visitors.htm.
18. Episcopalians are expected to confess and accept Jesus Christ as Savior and follow and obey His commands.
19. The Episcopal Book of Common Prayer includes the Articles of Religion which outline the responsibility of Episcopalians, including those in Alabama, to welcome and help others:
Albeit that Good Works, which are the fruits of Faith, and follow after Justification, cannot put away our sins, and endure the severity of God's judgment; yet are they pleasing and acceptable to God in Christ, and do spring out necessarily of a true and lively Faith; insomuch that by them a lively Faith may be as evidently known as a tree discerned by the fruit. Article 12 of the Articles of Religion available at http://www.anglicansonline.orgibasics/thirty-nine articles.html.
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20. The Baptismal Covenant of the Episcopal Church contained in the
Book of Common Prayer specifically outlines the requirement that church
members respect the dignity of every human being.
21. The Episcopal churches in Alabama engage In the following
activities, among others, to meet the needs of all people:
II Community Kitchens: A program to provide nutritious meals to the hungry, homeless and working poor without regard to situation or condition.
II Literacy Programs: Initiatives in several Alabama Episcopal churches to tutor adults and children in reading and English as a second language.
II Iglesia de la Gracia: A parish in Huffman, Alabama dedicated to ministering to persons of Hispanic descent.
II "55th Place" and other community outreach thrift stores: Not-for-profit organizations that re-sell donated items to raise money of which 100 percent is donated to organizations and people in need in Alabama.
II Housing: Episcopal Place and other programs that provide subsidized housing for elderly and disabled Alabama residents with limited Income.
II Hospitality for the Homeless: Through the Birmingham Hospitality Network and other programs, Episcopalians in Alabama provide' temporary housing and meals to homeless individuals at their churches. Binningham Hospitality Network is an ecumenical program that also includes Methodist and Roman Catholic churches as well as congregations from other faiths.
II Church Day Cares: Day Cares sponsored by the Episcopal Church and housed at churches throughout Alabama provide care on a regular basis to children who are church members and others without requirements of immigration status.
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Greater Binningham Ministries: Dedicated to providing meals, temporary shelter, clothing, job training and education to Binningham's homeless and working poor.
II Health Care Clinics: Free clinics to provide medical services to those in need in Decatur, Gadsden and Anniston, Alabama.
II Beans and Rice Ministries: Churches distribute beans, rice and other food to those in need. At Grace Episcopal Church in Anniston, members give the food "to anyone no questions asked." Get Connected!, Grace Episcopal Church, available at http://www.graceanniston.org/pages/?pageID=30.
• Camp McDowell: The camp and conference center for the Episcopal Church in the Diocese of Alabama provides summer camps and other activities for children and adults. The McDowell Environmental Center also provides outdoor learning experiences for school groups. The camp is open to all persons regardless of their immigration status. 22. The Reverend Dr. William Henry Willimon is Bishop of the
North Alabama Conference of the United Methodist Church. Bishop
Willimon has authored more than 60 books.
23. In his role, Bishop Willimon oversees 744 churches with more
than 152,000 members in Alabama.
24. The United Methodist Church uses an episcopal system of
governance with bishops providing the top leadership.
25. United Methodists have an obligation to bear a faithful Christian
witness to Jesus Christ.
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26. To fulfill this obligation, United Methodists practice what Methodist founder John Wesley refened to as "practical divinity," meaning that Methodists continually strive to reach out to people and welcome them into the church.
27. Based on the "Great Commission" in Matthew 28:19-20, the United Methodist Church's stated purpose is: "To make disciples of Jesus Christ for the transformation of the world."
28. The organization, beliefs and official policies of The United Methodist Church are contained in the Articles of Religion of The Methodist Church, first published in the church's Book of Discipline in 1790.
29. As outlined in the Book of Discipline, the Methodist Church's mission includes engaging in ministry to honor "the memory of Jesus' life of service to others."
30. Ministries of the North Alabama Conference of the United Methodist Church include, among others:
• Carpenter's Hand: A program committed to providing safe, decent, affordable housing to low-income families.
• Counseling Centers: Provides a variety of counseling servIces to communities throughout Alabama.
• Tornado Relief: Provides temporary relief in the form of clothing, food, shelter and monetary gifts to Alabama residents recovering from the April 2011 tornados.
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Housing Services: Methodists in Alabama provide temporary housing and meals to homeless individuals at their churches as well as through the Birmingham Hospitality Network, an ecumenical program that also includes Episcopal churches as well as congregations from other faiths.
II Church Day Cares: Day Cares sponsored by the Methodist Church and housed at churches throughout Alabama provide care on a regular basis to children who are chur~h members and others without requirements of immigration status.
II Community Ministries: A program to provide hands-on services to homeless individuals throughout Alabama. The program includes "Project ID," an initiative to secure photo identification for transient individuals in Alabama.
II Church of the Reconciler: A worship facility primarily focused on serving Birmingham's homeless and transient community.
II Greater Birmingham Ministries: Dedicated to providing meals, temporary shelter, clothing, job training and education to Birmingham's homeless and working poor.
31. The Most Rev. Thomas J. Rodi IS the Roman Catholic
Archbishop of Mobile, a corporation sole, and the Most Rev. Robert J.
Baker is the Roman Catholic Bishop of Birmingham in Alabama, a
corporation sole. Together, Archbishop Rodi and Bishop Baker represent
159 Roman Catholic churches in Alabama with 153,000 parishioners.
32. Pope Benedict XVI appointed Archbishop Rodi the Archbishop of
Mobile in June of 2008.
33. Previously, Archbishop Rodi received a law degree from Tulane
University and a master of divinity from Notre Dame Seminary.
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34. Archbishop Rodi served as a judge for the Metropolitan Tribunal, which handles malTiage cases, and also served as professor of canon law at Notre Dame Seminary from 1986 to 1995.
35. Pope Benedict XVI appointed Bishop Baker the bishop of Birmingham in Alabama in 2007.
36. Previously, Bishop Baker received a doctorate in theology from the Gregorian University in Rome and served on the faculty of St. Vincent de Paul Seminary in Boynton Beach, Florida, before being appointed pastor of the Cathedral of St. Augustine in Florida in 1984.
37. While in St. Augustine, Florida, Bishop Baker helped to establish a soup kitchen, shelter house and a fann for the homeless and addicted.
38. Bishop Baker also co-edited three books including, Welcome the Stranger: Contemporary Ministry in the Church ofFlorida.
39. Individual areas of the Roman Catholic Church, such as Alabama, are known as dioceses and are overseen by a Roman Catholic bishop.
40. The Birmingham and Mobile dioceses are missionary in nature, and share a commitment to share the love of God with all peoples especially the poor and unchurched. Mission Statement, Diocese of Birmingham, Alabama, available at http://www.bhmdiocese.org/content.asp?id=208776.
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41. The dioceses also share the mission to "help heal our sisters and brothers in their brokenness with the compassion and peace of Jesus, regardless of religion, race, gender, age or social status." ld.
42. As a denomination, the Roman Catholic Church is committed to "helping people meet their most basic needs." Catholic Charities, "Meeting People's Basic Needs, JJ www.catholiccharitiesusa.org.
43. Roman Catholics are called "to witness the love of God through compassionate care of all God's children and to work prophetically, as Jesus did in his time, to build a more just and equitable society." Id.
44. The churches that comprise the Birmingham and Mobile dioceses fulfill the Roman Catholic mission by engaging in the following good works, among others:
• Catholic Schools: The dioceses operate 56 schools for children ranging in grades from preschool through high school.
• Campus Ministries: Alabama Catholics provide religious and fellowship opportunities to students at 19 campuses throughout Alabama.
• Catholic Centers of Concern: Provides emergency assistance in the form of food, clothing, furniture, appliances, household articles, personal hygiene items, and financial assistance for medicine, utilities, rent and transportation.
• Catholic Family Services: Provides individual, family and marital counseling, foster care and adoption services.
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Disaster Relief: Provides temporary and long-term relief in the form of food, clothing, shelter and monetary gifts to victims of the April 2011 tornados.
Beacons of Hope: Promotes evangelization by providing tUItIOn assistance to students who seek an opportunity to attend a Catholic school in the Diocese.
III JustFaith: Members of the parishes in the Diocese participate in a variety of social ministries in the community to experience Christ's call to care for the poor and vulnerable.
III Black Ministry: A program that embraces the universality of the Church and works toward collaboration with a mutual respect of all cultures.
III Society of St. Vincent de Paul: Offers tangible assistance to those in need on a person-to-person basis through financial assistance or inkind services.
III Hispanic Ministry: Provides opportumtles for church members of Hispanic decent to worship and gather for spiritual events. Many tilnes this ministry involves transporting participants to and from activities.
45. The Benedictine Sisters of Cullman, Alabama, Inc. consists of 46
Roman Catholic Sisters of the Benedictine Order, which is over 1,500 years old. 46. St. Benedict was a 6th Century Italian monk who wrote a "Rule" that
contains precepts for monks and was based on a wide study of earlier monastic
documents and Benedict's own experience as a monk. The ancient Rule of St.
Benedict, which the Benedictine Sisters follow, directs those to receive the guest
who comes to the monastery as Jesus Christ would have:
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Let all guests who arrive be received like Christ, for He is going to say, "I came as a guest, and you received me" (Matt. 25:35). And to all let due honor be shown, especially to the domestics of the faith and to pilgrims . .. In the reception of the poor and of pilgrims the greatest care and solicitude should be shown, because it is especially in them that Christ is received.
(Emphasis added).
47. Established III 1902 in Cullman, Alabama, the Benedictine Sisters
minister in both the Catholic Diocese of Birmingham and the Catholic Archdiocese
of Mobile in a variety of activities including, among other things, ministering in
and among the Hispanic community, providing spiritual encouragement,
almsgiving, transportation, tutoring, language translation, and other services.
48. The Benedictine Sisters live in a community under one roof, sharing
all things III common. They welcome others to join them in their prayer,
community life and ministry.
49. The Benedictine Sisters participate III a variety of ministries including:
• The Benedictine Sisters Retreat Center in Cullman: A center where people from all faiths come for spiritual nourishment. The mission statement of the Retreat Center includes: "The Benedictine Sisters Retreat Center provides a contemplative environment where all are welcomed as Christ." (emphasis added)
• Benedictine Manor: A retirement residence for independent senior adults, where the Benedictine Sisters meet the needs of retired adults, from a variety of faiths, who desire the independence and comfort of their own home, yet freedom from the burdens of home-ownership.
• Education and Parish Work: Some Benedictine Sisters are involved in education at both Catholic and non-Catholic institutions of learning. They
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are also involved in other ministries such as parish work, social work, medical and legal work as well as ministries intenlal to the monastery where they pray and live.
II Worship: The Benedictine Sisters have a chapel for worship that is open to the public. Indeed, the Rule of St. Benedict implores its followers to receive all visitors, especially the poor and pilgrims. Those who come to their Retreat Center and others passing through the area come to worship with the Sisters without concern for immigration status.
II Work Activities: The Benedictine Sisters are employers and also contract with independent contractors for services.
50. The Benedictine Society of Alabama IS part of the worldwide
Benedictine religious order of the Roman Catholic Church. Like the Benedictine
Sisters, the Benedictine Monks follow the Rule of St. Benedict.
51. The Benedictine Monks are committed to live by the values outlined
in the Rule of St. Benedict.
52. The Rule of St. Benedict includes Chapter 53, "On the Reception of
Guests," which outlines for Benedictine Monks, including those at Saint Bernard
Abbey, the hospitality, reverence and respect with which guests, pilgrims, and the
poor are to be welcomed and received:
All guests who present themselves are to be welcomed as Christ, for He himself will say: I was a stranger and you welcomed me. (Matt. 25:35). Proper honor must be shown to all, especially to those who share our faith (Gal. 6:10) and pilgrims.
Once a guest has been announced, the Superior and the brothers are to meet him with all the courtesy of love. First of all, they are to pray together, and thus be united in peace . .. and after that every kindness is shown to him...
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The abbot shall pour water on the hands of the guests, and the abbot with the entire community shall wash their feet. ..
Great care and concern are to be shown in recelvmg poor people and pilgrims, because in them more particularly Christ is received; our very awe of the rich guarantees them special respect.
53. The Benedictine Society of Alabama engages 111 the following
activities:
• Parish Worship: The monks serve in parish churches in both the Catholic Diocese of Birmingham in Alabama and the Catholic Archdiocese of Mobile. The monks serve, among other parishes, at Sacred Heart Church in Cullman and St. Boniface, a mission church in Hanceville, dedicated to ministering to persons of all nationalities and descent.
• Education: The monks teach at St. Belnard Preparatory School, a co-ed Catholic boarding school for grades 7-12, and Sacred Heart Elementary ,School, for K-6 students. These schools host numerous athletic events, extracurricular activities and camps for all students regardless of immigration status.
• Retreat Center: The monks work at St. Bernard Retreat and Conference Center and welcome people of all ages and faiths to the ministries of St. Bernard Abbey.
• Ave Maria Grotto: Known throughout the world as "Jerusalem in Miniature," the Ave Maria Grotto is a miniature reproduction of the world's most famous buildings, temples and shrines. A destination for religious pilgrims and tourists alike, Ave Maria Grotto was the life work and dedication of Brother Joseph Zoettl, a deceased Benedictine monk of St. Bernard Abbey. The monks work at the Grotto.
• Outreach: The monks support ministry activities including St. Monica Group (for those addicted to alcohol and drugs), St Vincent de Paul Society (for the poor), as well as bereavement, pregnancy counseling, parenting classes and recently, outreach to tornado victims.
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54. Alabama's Episcopal, Methodist and Catholic Church members who provide services, as well as those individuals who receive services from the churches, are subject to criminal prosecution under the Anti-Immigration Law. Churches do not check the immigration status of members or individuals receiving services but know, or have significant reason to suspect, that many of the persons they serve are, or are likely to be, undocumented. As part of their mission, the churches within the Episcopal, Methodist and Roman Catholic communities provide shelter and transportation to individuals in need regardless of their immigration status. The churches also encourage visitors, regardless of their immigration status, to become part of the faith community.
DEFENDANTS 55. Defendant Robert Bentley is the Governor of the State Alabama. Defendant Bentley exercises "[t]he supreme executive power of' Alabama, Ala. Const. art. V., § 113, and is constitutionally required to "take care that the laws be faithfully executed." Ala. Const. art. V, § 120. As such, Defendant Bentley is responsible for the enforcement of the Anti-Immigration Law in the State of Alabama and is an appropriate defendant in this case. Defendant Bentley is sued in his official capacity. 56. Defendant Luther Strange is the Attorney General of Alabama. Defendant Strange is "the chief law enforcement officer of the state and has
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supervisory authority over every district attorney in Alabama." Ala. Code § 36-1514. The Alabama Constitution provides that "[t]he legislature may require the attorney general to defend any or all suits brought against the state," Ala. Const. art. V, § 137, and state statute mandates that the Attorney General "shall appear in the courts . . . of the United States[] in any case in which the state may be interested in the result." Ala. Code § 36-15-1 (2). Defendant Strange is responsible for the enforcement of the Anti-Immigration Law in the State of Alabama and is an appropriate defendant in this case. Defendant Strange is sued in his official capacity.
57. Defendant Robert L. Broussard is the District Attorney for Madison County. In that capacity, Defendant Broussard is charged with the duty of enforcing the criminal provisions of Alabama's Anti-Immigration Law with Madison County. Defendant Broussard is sued in his official capacity.
FACTS 58. On June 2, 2011, the Alabama legislature enacted the nation's most restrictive anti-immigrant legislation. Alabama's Anti-Immigration Law extensively regulates both immigrants and those who associate with, speak to or help them. 59. Governor Bentley signed the Anti-Immigration Law on June 9, 2011. The law is scheduled to be enforced on September 1, 2011, except for Sections 22
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and 23 (related to state law enforcement staffing and coordination), which went into effect immediately, and Sections 9 and 15 (related to employment verification), which will go into effect in 2012.
60. Representative Hammon originally introduced HE 56 in the State House of Representatives. Senator Scott Beason introduced a similar omnibus antiimmigration bill, Senate Bill 256, in the Senate. The Anti-Immigration Law is a combination of these two measures and became law 2011-535 after signature by the governor.
61. Legislators expressly stated that the intent of the law was to deport undocumented immigrants and to deter them from living in Alabama. Representative Hammon explained: "This [bill] attacks evelY aspect of an illegal immigrant's life. They will not stay in Alabama .... [T] his bill is designed to make it difficult for them to live here so they will deport themselves." Kim Chandler, "Alabama House passes Arizona-style immigration law," The Birmingham News, April 5, 201l.
62. In addition, Senator Beason, speaking about immigration policy in February 2011, suggested that individuals "empty the clip, and do what has to be done." Charles J. Dean, "Sen. Scott Beason catching flak over 'empty the clip' comment," The Birmingham News, February 8, 2011
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63. More than 2,500 Alabama residents, including members of Alabama's Episcopal, Methodist and Roman Catholic churches, participated in a candlelight prayer march in Binningham on June 25, 2011 in opposition to the law.
64. In short, the history of the Anti-Immigration Law makes clear that the Alabama legislature intended the bill to prohibit residents from freely living their faith to extend compassion to others without first verifying their immigration status in order to cast out undocumented persons from the state.
KEY PROVISIONS OF THE ANTI-IMMIGRATION LAW 65. The Anti-Immigration Law is designed to impose new punishments for violations of immigration law (as defined by state law and state officers); to detain and ultimately to cause the expUlsion of undocumented residents from the state; and to criminalize everyday interaction with such individuals, including criminalizing the activities of Alabama's faithful to serve all people regardless of their immigration status.
Harboring-Related Immigration Crimes (Section 13) 66. In Section 13, the Anti-Immigration Law creates four new state law immigration crimes punishable by fines and/or imprisonment that directly affect the actions of members of Alabama's Episcopal, Methodist and Catholic churches. 67. Section 13(a)(1) criminalizes those who "[cJonceal, harbor or shield" an alien "from detection in any place in this state" if that alien "has come to, has
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entered, or remains in the United States in violation of federal law." This section criminalizes church ministry activities.
68. Section 13(a)(2) makes it a crime to "[e]ncourage or induce an alien" without legal status "to come to or reside in this state." Church members, who encourage residents to stay and join the church without verifying immigration documents, will be in violation of this section.
69. Section 13(a)(3) makes it illegal to "[t]ransport" an alien if that alien "has come to, has entered, or remains in the United States in violation of federal law." This section applies to a wide swatch of transportation activities of the church from providing rides to and from worship services to church day care bus systems to transporting adults to jobs, medical care, or living facilities.
70. Section 13(a)(4) makes it a crime to "harbor an alien unlawfully present ...by entering into a rental agreement." Churches that provide regular shelter to those in need are in violation of this provision.
71. The new state immigration crimes created by Section 13 criminalize routine behavior undertaken on a daily basis by U.S. citizens, especially those who are members of Alabama's churches. Because of the Anti-Immigration Law, Alabama residents are subject to prosecution, fine, and incarceration if state authorities decide that they knew or recklessly disregarded verifying immigration status, and, for example,
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provided transpOliation to a fellow congregant or someone in need; invited a friend to visit from out of state; or II provided shelter to a person needing help. In the case of religious leaders, those who perfonn a marriage without verifying immigration status may be subject to prosecution.
Contract Provision (Section 27) 72. With limited exceptions, Section 27(a) prohibits Alabama state courts from recognizing or enforcing contracts between an alien unlawfully present in the United States and any other party, provided that the other party had direct or constructive knowledge that the alien was unlawfully present in the United States, and provided that the contract "requires the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or perfonnance could not reasonably be expected to occur without such remaining." This provision will impact a church's ability to sell items through church-sponsored thrift stores, perfonn marriages and baptisms, operate camps, manage day cares and implement other contractual services. 73. Section 27(b) excludes only an extremely narrow range of contracts from its scope: "a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for
24

Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 25 of 35
transportation of the alien that is intended to facilitate the alien's retUl11 to his or her country of origin."
74. Section 27 is not limited to contracts entered into after the effective date of the Anti-Immigration Law. Section 27 also nullifies the enforcement of contracts entered into before the Law's enactment or effective date.
75. The effect of Section 27 will prohibit Alabama's churches from performing marriages and baptisms, operating day cares and housing facilities, transporting residents, and performing other services due to fear of criminal prosecution from conducting any business with individuals assumed or suspected of being undocumented.
General Interpretive Provisions Sections 25 76. Section 25 imposes penalties for solicitation, attempt, or conspiracy to violate any criminal provision of Alabama's Anti-Immigration Law. 77. Under Section 25, individuals who are "harbored," "transported," "induced," or allowed to rent are criminally liable along with the individuals whose conduct is directly prohibited under Section 13, on the theory that they have conspired or solicited such activity. Section 25 specifically relates to the activities of Alabama's Episcopal, Methodist and Catholic churches as herein described.
DECLARATORY AND INJUNCTIVE RELIEF
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Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 26 of 35
78. An actual and substantial controversy exists between the plaintiffs and the defendants as to their respective legal rights and duties that they, their clergy, and members of their congregations face. The plaintiffs further assert that they face an imminent threat of harm if the Anti-Immigration Law is enforced, and that this Law violates the U.S. Constitution and federal Law. The defendants are obligated to enforce this law unless it is found to be illegal.
79. In violating the plaintiffs' rights under the U.S. Constitution and federal law, the defendants have acted and will be acting under color of state law.
80. If enforced, the Anti-Immigration Law will cause irreparable injury to the plaintiffs.
81. The plaintiffs have no plain, speedy, and adequate remedy at law against the Anti-Immigration Law other than the relief requested in this Complaint.
82. If not stayed, the Anti-Immigration Law will violate the rights of the plaintiffs, guaranteed by the First Amendment and the Due Process Clause.
83. If enforced, the Anti-Immigration Law will violate the civil rights of the plaintiffs, guaranteed by 42 U.S.C. §1981.
84. I n addition, the Anti-Immigration will thwart religious freedom by prohibiting the plaintiffs from exercising the missions of their Christian denominations.
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85. In enforcing the Anti-Immigration Law, the defendants will deny the plaintiffs the rights they are secured by the U.S. Constitution and federal law.
86. The defendants' enforcement of the Anti-Immigration Law will constitute an official policy of the state of Alabama.
87. The plaintiffs are entitled to a declaration that the Anti-Immigration Law IS unconstitutional on its face and to an order preliminarily and permanently enjoining its enforcement.
CAUSES OF ACTION COUNT ONE
VIOLATION OF THE RIGHT OF FREE EXERCISE OF RELIGION GUARANTEED BY THE FIRST AND FOURTEENTH AMENDMENTS TO
THE UNITED STATES CONSTITUTION 88. The plaintiffs incorporate the foregoing allegations as if fully set out herein. 89. The Anti-Immigration Law violates the right to free exercise of religion as guaranteed by the First and Fourteenth Amendments to the United States Constitution. 90. The Anti-Immigration Law substantially burdens the ability of the plaintiffs along with their respective congregations to live their faith. Specifically, a core tenet of the religions of all four plaintiffs is to show compassion to all people. The plaintiffs and their churches, clergy, laity and followers demonstrate their sincere commitment to helping others by engaging in hundreds of ministries
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Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 28 of 35
in Alabama to provide meals, housing, transportation and other services to those in need regardless of their immigration status. Under the Law, the plaintiffs cannot help others freely without first verifying the immigration status of those needing help.
91. The defendants have no legitimate or compelling reason for placing a substantial burden on the ability of the plaintiffs to practice their religious beliefs.
92. The Anti-Immigration Law imposes a substantial burden on the plaintiffs' free exercise of religion and violates the First Amendment in such a profound manner that the government should have been aware of its unconstitutionality .
93. As a direct and proximate result of the defendants' actions and custom and practice, the plaintiffs are, out of a fear of being arrested, chilled and deterred from exercising their constitutionally protected freedom of religion rights.
COUNT TWO VIOLATION OF THE RIGHT OF FREE ASSEMBLY GUARANTEED BY
THE FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION
94. The plaintiffs incorporate the foregoing allegations as if fully set out herein.
95. The Anti-Immigration Law violates the right to free assembly as guaranteed by the First and Fourteenth Amendments to the United States Constitution.
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96. The defendants have no compelling interest for restricting the plaintiffs' right to freely assemble in Alabama churches without threat of criminal prosecution.
97. As a direct and proximate result of the defendants' actions and custom and practice, the plaintiffs are, out of a fear of being arrested, chilled and deterred from exercising their constitutionally protected freedom of assembly rights.
98. Indeed, the defendants have no rational basis for restricting the plaintiffs' right to freely assemble in mainstream Alabama churches without threat of criminal prosecution.
COUNT THREE VIOLATION OF THE RIGHT OF FREEDOM OF SPEECH GUARANTEED BY THE FIRST AND FOURTEENTH AMENDMENTS TO
THE UNITED STATES CONSTITUTION 99. The plaintiffs incorporate the foregoing allegations as if fully set out herein. 100. The Anti-Immigration Law is an unconstitutional infringement, on its face, of the plaintiffs' affirmative rights to freedom of speech and expression secured by the First Amendment to the U.S. Constitution. 101. The Anti-Immigration Law bars constitutionally protected speech and manners of expression in church locations and other locations where churches provide service throughout Alabama.
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102. As a direct and proximate result of the defendants' actions, the plaintiffs and the religious denominations they lead will suffer, and will continue to suffer, irreparable hann and will be damaged as a direct result of this conduct.
COUNT FOUR FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE;
42 U.S.C. § 1983 103. The plaintiffs incorporate the foregoing allegations as if fully set out herein. 104. The Fourteenth Amendment to the U.S. Constitution provides that "No State shall ... deny to any person within its jurisdiction the equal protection of the laws." 105. The Anti-Immigration Law impermissibly discriminates against noncitizens on the basis of immigration status and deprives them of the equal protection of the laws within the meaning of the Fourteenth Amendment to the U.S. Constitution. 106. The plaintiffs move for relief on this claim directly under the Constitution and as an action seeking redress of the deprivation of statutory rights under the color of state law, as provided by 42 U.S.C. § 1983.
COUNT FIVE FOURTEENTH AMENDMENT DUE PROCESS CLAUSE;
42 U.S.C. § 1983
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107. The plaintiffs incorporate the foregoing allegations as if fully set out herein.
108. The Due Process Clause of the FOUlieenth Amendment to the United States Constitution provides, in pertinent part, "nor shall any State deprive any person oflife, liberty, or property, without due process of law."
109. The Anti-Immigration Law violates the Due Process Clause because its criminal provisions are impermissibly vague and overbroad.
110. The plaintiffs move for relief on this claim and seek redress of the deprivation of statutory rights under the color of state law, provided by 42 U.S.C. § 1983.
COUNT SIX CONTRACTS CLAUSE; 42 U.S.C. § 1983 111. The plaintiffs incorporate the foregoing allegations as if fully set out herein. 112. The Contracts Clause, Article I, Section 10 of the U.S. Constitution, provides, in pertinent part, that "[n]o State shall ... pass any ... Law impairing the Obligation of Contracts." 113. Section 27 of the Anti-Immigration Law unconstitutionally impairs the obligation of contracts by forbidding courts of the State of Alabama from enforcing "the terms, or otherwise regard as valid, any contract between a party and alien unlawfully present in the United States, within the meaning of the Law, if
31

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the party had direct or constnlctive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining."
114. The plaintiffs move for relief on this claim directly under the Constitution and as an action seeking redress of the deprivation of statutory rights under the color of state law, as provided by 42 U.S.C. § 1983.
PRAYER FOR RELIEF WHEREFORE, III light of the foregoing facts and arguments, Plaintiffs request that the Court:
a. Assume jurisdiction over this matter; b. Declare the Anti-Immigration Law unconstitutional in its
entirety; c. Enjoin the defendants from enforcing the Law; d. Grant the plaintiffs' costs of suit, and reasonable
attorneys' fees and other expenses pursuant to 28 U.S.C. § 1988; and e. Grant such other relief as the Court may deem appropriate.
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Respectfully submitted,
sfAugusta S. Dowd Augusta S. Dowd (ASB-5274-D58A) Attorney for Henry N. Parsley, Jr., Bishop of the Episcopal Church in the Diocese of Alabama, in His official capacity
OF COUNSEL: White Arnold & Dowd P.C. 2025 Third Avenue North, Suite 500 Birmingham, Alabama 35203 (205) 323-1888 adowd@whitearnolddowd.com
sf J Terrell McElheny J. Terrell McElheny (ASB-9967-L68J) Attorney for William H. Willimon, Bishop of the North Alabama Conference ofthe United Methodist Church in his individual capacity
OF COUNSEL: Dominick Feld Hyde P.C. 2121 Highland Avenue South Birmingham, AL 35205 205-939-0033 TMcElheny@dfhlaw.com
sf F. Grey Redditt, Jr. F. Grey Redditt, Jr. (ASB-5142-R64F) Attorney for Thomas J. Rodi, Archbishop of The Mobile Archdiocese of the Roman Catholic Church of Alabama, a corporation sole
33

Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 34 of 35
OF COUNSEL: Vickers Riis P.O. Box 2568 Mobile, AL 36652 251-432-9772 gredditt@vickersriis.com
s/ John F. Whitaker John F. Whitaker (ASB-3054-E6IJ) Attorney for Robert J. Baker, Bishop of Binningham in Alabama, a corporation sole
OF COUNSEL: Whitaker, Mudd, Simms, Luke & Wells, LLC 2001 Park Place North, Suite 400 Binningham, AL 35203 205-639-5300 iwhitaker@wmslawfirm.com
s/ Sister Lynn Marie McKenzie Sister Lynn Marie McKenzie (ASB-8264 -Z61L) Attorney for Benedictine Sisters of Cullman, Alabama, Inc. and the Benedictine Society of Alabama of the Roman Catholic Church
OF COUNSEL: Knight Griffith LLP P.O. Box 930 Cullman, AL 35056 256-734-0456 slm@knight-griffith.com
s/ R. Champ Crocker R. Champ Crocker (ASB-1165-R79C) Attorney for Benedictine Sisters of Cullman, Alabama, Inc. and the Benedictine Society of Alabama of the Roman Catholic Church
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Case 5:11-cv-02736-SLB Document 50 Filed 08/11/11 Page 35 of 35
OF COUNSEL: R. Champ Crocker, LLC 207 2nd Avenue S.E. P.O. Box 2700 Cullman, Alabama 35055 (256) 739-5005 rccrocker@bellsouth.net
RTIFICATE OF SERVICE I hereby certify that on August 11, 2011, I electronically filed the foregoing with the Clerk of Court using the CMlECF system which will send notification of such filing to all counsel of record.
sf Augusta S. Dowd OF COUNSEL
35

 
 Case 5:11-cv-02736-SLB Document 47 Filed 08/10/11 Page 1 of 15

FILED
2011 Aug-10 PM 05:14 U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

HISPANIC INTEREST COALITION )

OF ALABAMA; ET AL.,

)

)

Plaintiffs,

)

)

vs.

)

)

ROBERT BENTLEY, in his official

)

capacity as Governor of the State of

)

Alabama; et al.,

)

)

Defendants.

)

RT. REV. HENRY N. PARSLEY, JR., in )

his official capacity as Bishop of the

)

Episcopal Church in the Diocese of

)

Alabama, et al.,

)

)

Plaintiffs,

)

vs.

)

)

ROBERT BENTLEY, in his official

)

capacity as Governor of the State of

)

Alabama,

)

)

Defendants.

)

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

vs.

)

)

STATE OF ALABAMA; GOVERNOR )

ROBERT J. BENTLEY,

)

)

Defendants.

)

Case Number: 5:11-CV-2484-SLB

Case 5:11-cv-02736-SLB Document 47 Filed 08/10/11 Page 2 of 15
PLAINTIFFS’ AMENDED MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM IN SUPPORT
Pursuant to Federal Rule of Civ il Procedure 65(a), the leader s of the Episcopal, Methodist and Roman Catho lic churches in Alabam a (“Church Leaders”) move this Court for a prel iminary injunction against Defen dants Governor Robert Bentley, Attorney General Luther Strange and Madison County District Attorney Robert Br oussard (hereinafter collectively “Defendants”) enjoining them and all persons acting in active concert with them, including law enforcement offi cers, from enforcing Se ctions 13 and 27 of the Beason-Hamm ond Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535 of the 2011 Regular Session of the Alabama Legislature.
INTRODUCTION In the Episcopal, Methodist and Roman Catholic religions, as well as many other faith traditions, the Word of God as communicat ed through the Bible mandates that followers show hospitality to strangers. The Bible offers a convincing set of arguments, com pelling followers to “love[s] the alien, giving him food and clothing; ” to “love the alien as yourself; ” and to “treat the stranger as a native born.” Deuteronomy 10:18; Leviticus 19:34. Alabama Church Leaders and thei r members follow these biblical commands by providing food, housing, transportation, places to worship as
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well as administering the covenants of marriage, baptism and other religious contracts to anyone in need.
While agreeing on the necessity for comprehensive immigration reform, the Church Leaders and their me mbers ask this Court to allow them to legally continue to practice acts of ministry m andated in Scripture and incumbent on every church, Christian m inister and indi vidual Christian in Alabama. The Church Leaders and thei r members do not want to be forced to choose between following the Law of God or the Law of Alabama.
Targeting Sections 13 and 27 allow Church Leaders and thei r members to unam biguously focus on t he precise areas of the Law that outlaw the Biblical mandate to welc ome and care for all people without regard to immigration status. In resp ect to judicial econo my, the Church Leaders are asking for this distinct enjoinm ent so they can continue to practice their faith without fear of criminal prosecution. Section 13 specifically criminalizes the mission of the Church Leaders and their members to engage in works of mercy to feed, shelter and clothe anyone in need without first having to verify immigration documents. Section 13 also criminalizes the con stitutional right to freedom of assembly because th ose conducting and those attendi ng Sunday worship or ot her services will be deterred for fear of being arrested a nd subject to im prisonment. Section 27
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attacks Church Leaders’ and their m embers’ ability to enter into contracts, including the covenants of m arriage, baptism, confirmation, the Eucharist, reconciliation, and other religious sacraments.1
Absent an immediate court orde r restraining the defendants from enforcing these key sections of the La w, the Church Leaders, their members and other Alabama residents will suffer immediate and irreparable harm for which there is no adequate remedy at la w. The Church Leaders have at least a reasonable chance of success on the ultim ate merits of their case that the Law is unconstitutional under the First and Fourteenth Amendments.
In other states, wh ere similar albeit less prohibitive im migration legislation has been enacted, federal courts have enjoined the enforcement of those laws. Federal courts have grante d temporary injunctions against Utah and Indiana’s anti-immigration laws. In Arizona and Georgia, federal judges have blocked parts of those states' anti-immigration laws.
Finally, the hardship im posed on the defendants by a prelim inary injunction will not unreasonably outweigh the benefit accruing to the Church Leaders and their members, n amely to be able to continue to freely exer cise their requisite duty to practice the Gospel.
1 Indeed, in the Roman Catholic faith attendance at Mass is an obligation that may not be ignored.
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FACTS2 1. On June 2, 2011, the Alabama legislature passed the nation’s most restrictive anti-immigrant legislati on. Alabama’s Anti-Im migration Law extensively regulates both im migrants and those who associate with, speak to or help them. 2. Representative Micky Hammon sponsored the anti-imm igration bill in the State House of Representatives. Senator Scott Beason introduced a similar omnibus anti-immigration bill in the Senate. The Anti-Imm igration Law is a combination of these two measures and became law 2011-535 after signature by Governor Robert Bentley on June 9, 2011. 3. The law is scheduled to take ef fect on September 1, 2011, except for Sections 22 and 23 (related to state law enforcemen t staffing and coordination), which went int o effect immediately, and Sections 9 a nd 15 (related to employment verification), which will go into effect in 2012. 4. Legislators expressly stated that the intent of the law was to deport undocumented immigrants and to deter them from living in Alabama. Representative Hammon explained: “This [bill] attacks every aspect of an illegal immigrant’s life. Th ey will not stay in Alabam a . . . . [T] his bill is
2 The Church Leaders incorporate herein the Complaint for Declaratory and Injunctive Relief filed on August 1, 2011 as if fully and completely set out herein.
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designed to make it difficult for them to live here so they will deport themselves.” Kim Chandler, “Alabama H ouse passes Arizona-style immigration law,” The Birmingham News, April 5, 2011.
5. Senator Beason, speaking about immigration policy in February 2011, suggested that indivi duals “empty the clip, and do what has to be done.” Charles J. Dean, “Sen. Scott B eason catching flak over ‘em pty the clip’ comment,” The Birmingham News, February 8, 2011
6. For decades, Episcopal, Met hodist and Rom an Catholic Church Leaders and their leaders have engage d in m inistry activities that would directly be affected by the Law including, but not limited to:
 Feeding programs including soup kitchens and other activities to provide meals to the hom eless, working poor and anyone who i s hungry without regard to situation or condition.
 Educational programs including church schools, daycares, literacy programs and other activities wher e no validation of imm igration status is required.
 Housing services including temporary and perm anent housing that occur both at church facilities and at other locations.
 Charity re-sale stores where anyone can enter int o contracts t o purchase items.
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 Health care clinics where free medical services are administered to anyone in need.
 Hispanic churches dedicated to ministering to any person of Hispanic descent.
 Camps that are geared to providing Christian education to any child in Alabama regardless of their immigration status.
 Counseling centers where chur ch representatives provi de individual, family and marital counseling to anyone in need.
 Emergency services to help vi ctims of natural disasters and other emergencies including the tornados that devastated some Alabama communities in April 2011.
 Financial assistance to indivi duals in need, reg ardless of their immigration status, on a person-to-person basis.
7. In addition, Church Leader s and their members regularly encourage and welcome anyone in need of church services or assist ance, Bible study and other church gatheri ngs without verifying immigration status.
8. Church Leaders als o engage in religious covenants regardless of immigration status including baptis ms, marriages and other religious sacraments.
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9. In short, the history of the Anti-Immigration Law makes clear that the Alabama legislature intended th e bill to cast out undocum ented persons from the state and consequently proh ibit Alabama residents from freely practicing their faith, worshippi ng or entering into contracts without fear of criminal prosecution.
ARGUMENT Interim injunctive relief is designed to preserve the status quo until a trial on the merits may be h ad. In this m atter, preserving the status quo requires the Court to immediately issue an order directing the defendants to cease and desist from enforcing Sections 13 and 27 of the Law on September 1, 2011. Without such an order, the Ch urch Leaders and their m embers will be subject to crim inal prosecution for continuing t o participate in numerous ministry services throughout the state that provide food, clothing and shelter to all residents. In add ition, the Church Leaders’ and their m embers’ ability to assemble freely in worship a ctivities as well as their ability to adm inister the religious covenants of m arriage, baptism and other religious sacraments is in danger under the Law. A preliminary injunction is appropriat e when the movant es tablishes: (1) a threat of irreparable injury; (2) no adequate remedy at law; (3) a substantial likelihood of success on the merits; and, (4) that the plaintiffs'
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injury outweighs any harm an injunction may cause the defendants; See K.H. Outdoors LLC v. City of Trussville , 458 F.3d 1261, 1268 (11th Cir. 2006); Teper v. Miller, 82 F.3d 989, 992 n. 3 (11th Ci r. 1996). The Church Leaders request for preliminary injunctive relief satisfies each requirement.
A. Without a preliminary injuncti on, the Church Leaders w ill suffer immediate and irreparable harm.
A preliminary injunction is issued to prevent irreparable harm. “An injury is irreparable if it cann ot be undone through m onetary remedies” or “if damages would be difficul t or impossible to calculate.” Scott v. Roberts, 612 F.3d 1279, 1295 (11 th Cir. 2010) (internal quotation marks and citations omitted).
If enforced, Sections 13 and 27 of Alabama’s Anti-Immigration Law will cause irreparable harm to the Church Leaders and their m embers by violating their rights to freely exercise their religion, to speak freely, and to assemble as guaranteed by the First and Fourteenth Amen dments to the United States Constitution. 3 The Church Leaders a nd their mem bers will suffer irreparable harm because they will no longer be able to live their faith by operating soup kitchens, provi ding transportation, and provi ding
3 To the extent that an infringement of First Amendment rights is shown, federal courts have held that irreparable injury justifying preliminary injunctive relief is presumed. Cate v. Oldham, 707 F.2d 1176, 1189 (11th Cir. 1983), citing Community Communications Co., Inc. v. City of Boulder, Colo., 660 F.2d 1370 (10th Cir.1981), cert. dismissed, 456 U.S. 1001, 102 S.Ct. 2287 (1982).
8

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temporary and permanent housing fac ilities to all persons without first verifying their immigration status. In addition, the Church Leaders and their members will suffer irreparable harm because mem bers will be deterred from assembling to worship for fear of being arrested. Finally, the Church Leaders and their members will suffer irreparable harm because they will not be able to freely contract without firs t verifying immigration status. Church Leaders will be unable to perform contracts, including marrying residents and baptizing t hem, as well as being abl e to run day cares, t hrift stores or other enterprises involving contractual relations with residents who may be undocumented.
B. The Church Leaders have no adequate remedy at law. Money cannot compensate the Church Leaders and their members for the irreparable harm they will suffer at the hands of the defendants if Sections 13 and 27 of the Law are en forced. The Church Leaders and their members ask to be able to freely practice their faith to welcome and help any person in Alabama, as mandated by God’s Word in the Bible, without fear of prosecution because they failed to ve rify immigration status. No dollar amount can compensate the Church Le aders and their m embers from being denied their consti tutional rights to practice their faith, speak freely, freely assemble, and freely contract.
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Case 5:11-cv-02736-SLB Document 47 Filed 08/10/11 Page 11 of 15
C. The Church Leaders have a rea sonable chance of succes s on the merits of its case.
The Free Exercise Clause provides that “Congress shall m ake no law respecting an establishm ent of religio n, or prohibiting the free exercise thereof .....” U.S. Const. amen d. I. The First Amendment protects not only against state interference with religio us beliefs, but also against state interference with religious activity. See Employment Div., Dep't of Human Res. of Or. v. Smith, 494 U.S. 872 (1990) ( “[T] he exercise of religion often involves not only belief a nd profession but the perform ance of ... physical acts: assembling with ot hers for a worship service, participating in sacramental use of bread and wine, pr oselytizing....”) (internal quotations omitted); McDaniel v. Paty , 435 U.S. 618, 626 (1978) (“[T]he right to the free exercise of religion unquestionabl y encompasses the right to preach , proselyte, and perform other similar religious functions ....”).
Sections 13 and 27 of Alabama’ s Anti-Immigration Law not only directly violate Church Leaders and their members ability to freely practice their faith, but the sections also infringe on the right to freely assemble and freely contract as guaranteed by the U.S. Constitution.
Section 13 of Alabama’s Anti-Immigration Law violates the ability of the Church Leaders and their memb ers to freely practice thei r faith because the section criminalizes church ministry activities when a Church Leader or
10

Case 5:11-cv-02736-SLB Document 47 Filed 08/10/11 Page 12 of 15
member provides food, shelter, or tran sportation or otherwise encourages an undocumented person to com e to or resi de in this state. Section 13(a)(4) specifically attacks Church Leaders’ freedom to exercise their faith by making it a state crime to “[h]arbor an alien unlawfully present in the United States by entering into a rental agreem ent, as defined by Section 35-9A-141 of the Code of Alabam a 1975, with an undocumented person to provide accommodations, if the person knows or recklessly disregards the fact that the undocumented person is unlawfully present in the United States.”
Section 27 prohibits the ability of Church Leaders to freely contract. Section 27 prevents Alabama state co urts from enforcing the terms or conditions of any contract to whic h an unlawfully present undocum ented person is a party if the other party ha d direct or constructive knowledge that the undocumented person was unlawfully present at the time the parties entered into the contract.
D. The hardship im posed on the defendants by the injunction does not unreasonably outw eigh the benefits accrued by the Church Leaders.
The hardship im posed by a prelim inary injunction does not im pose any undue hardship on th e defendants because it merely preserves the status quo. The law is n ew legislation, so there is nothi ng the defendants woul d “lose” were the Court to grant a pr eliminary injunction. The defendants
11

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merely would incur a delay, whic h does not unreasonably outweigh the benefits accrued by the Church Leader s and their memb ers to be able to continue performing their essential ministry services throughout Alabama.
CONCLUSION As demonstrated, supra, the Church Leader s are entitled to the preliminary injunction of Sections 13 and 27 requested in this m otion. The Church Leaders have met their burden of dem onstrating that, without the preliminary injunction, the Church Le aders and the ministry services in which their church mem bers engage throughout Alabama will suffer immediate and irreparable injury. In addition, the Church Leaders, their members and other Alabama residents have reason to fear that their rights to speak freely and freely assemble will be violated because persons will be prohibited from attending worship servi ce for fear of criminal prosecution. The Church Leaders will also be pr ohibited from freely contracting through their ministry services as well as when they admi nister the sacraments of Baptism and Marriage, which are essentia lly contracts as they are covenants between the church and its m embers. Accordingly, this Court should grant the requested preliminary injunc tion and thereby preserve the status quo to prevent irreparable injury and harm to the Church Leader s, their members, and Alabama residents.
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RELIEF REQUESTED

The Church Leaders seek an immediate preliminary injunction

directed to the defendants enjoining, restraining, and ordering the defendants

and all persons acting in active

concert with them , including law

enforcement officers, from enforcing sections 13 and 27 of the Beas on-

Hammond Alabama Taxpayer and Citiz en Protection Act, Act No. 2011-

535, until this matter may be tried upon the merits.

Respectf

ully Submitted,

s/ Augusta S. Dowd Augusta S. Dowd Attorney for Henry N. Parsley, JR., Bishop of the Episcopal Church in the Diocese of Alabam a, in his official capacity
OF COUNSEL: WHITE ARNOLD & DOWD P.C. 2025 Third Avenue North, Suite 500 Birmingham, Alabama 35203 205 323-1888 adowd@whitearnolddowd.com

J.
OF COUNSEL: Dominick Feld Hyde P.C. 2121 Highland Avenue South Birmingham, AL 35205 205-939-0033 TMcElheny@dfhlaw.com

s/ J. Terrell McElheny Terrell McElheny Attorney for W illiam H. Willimon, Bishop of the North Alabama Conference of the United Methodist Church in his individual capacity

13

Case 5:11-cv-02736-SLB Document 47 Filed 08/10/11 Page 15 of 15

F.
OF COUNSEL: Vickers Riis P.O. Box 2568 Mobile, AL 36652 251-432-9772 gredditt@vickersriis.com

s/ F. Grey Reddit, Jr. Grey Reddit, Jr. Attorney for Most Rev. Thomas J. Rodi, Archbishop of the Mobile, a corporation sole

s/

John F. Witaker

John

F. Whitaker

Attorney for Robert J. Baker, Bishop of

Birmingham, a corporation sole

OF COUNSEL: Whitaker, Mudd, Simms, Luke & Wells, LLC 2001 Park Place North, Suite 400 Birmingham, AL 35203 205-639-5300 jwhitaker@wmslawfirm.com

CERTIFICATE OF SERVICE
I hereby certify that on A ugust 10, 2011, I electronically f iled the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following:

s/

Augusta S. Dowd

OF COUNSEL

14

 
 Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 1 of 13
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

FILED
2011 Sep-28 PM 12:40 U.S. DISTRICT COURT
N.D. OF ALABAMA

RT. REV. HENRY N. PARSLEY, JR., in )

his official capacity as Bishop of the

)

Episcopal Church in the Diocese of

)

Alabama; et al.,

)

)

Plaintiffs,

) Case Number: 5:11-CV-2736-SLB

)

vs.

)

)

ROBERT BENTLEY, in his official

)

capacity as Governor of the State of

)

Alabama, et al.,

)

)

Defendants.

)

MEMORANDUM OPINION This case is presently pending before the court on plaintiffs’ Amended Motion for Preliminary Injunction and Memorandum in Support filed on August 10, 2011. (Doc. 47.)1
I. SUMMARY On June 2, 2011, the Alabama Legislature approved House Bill 56, the “BeasonHammon Alabama Taxpayer and Citizen Protection Act,” Ala. Laws Act 2011-535, (hereinafter “H.B. 56”). On June 9, 2011, Governor Robert Bentley signed the Act into law; the majority of its provisions were to become effective on September 1, 2011. On August 29, 2011, this court temporarily enjoined the Act until September 29, 2011.

1Reference to a document number, [“Doc. ___”], refers to the number assigned to each document as it is filed in the court’s record.

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 2 of 13
On August 1, 2011, plaintiffs Rt. Rev. Henry N. Parsley, Jr., in his official capacity as Bishop of the Episcopal Church in the Diocese of Alabama; Rev. Dr. William H. Willimon, in his individual capacity as Bishop of the North Alabama Conference of the United Methodist Church; Most Rev. Thomas J. Rodi, Roman Catholic Archbishop of Mobile, a corporation sole; and Most Rev. Robert J. Baker, Roman Catholic Bishop of Birmingham in Alabama, a corporation sole, (collectively the plaintiffs) filed a Complaint against Robert Bentley, in his official capacity as Governor of the State of Alabama; Luther Strange, in his official capacity as Attorney General of the State of Alabama; and Robert L. Broussard, in his official capacity as District Attorney of Madison County, Alabama, (collectively defendants) seeking declaratory and injunctive relief contending that H.B. 56 violates a number of rights guaranteed under the United States Constitution. Plaintiffs filed a Motion for Preliminary Injunction on August 5, 2011, (doc. 15), and on August 10, 2011, they filed an Amended Motion for Preliminary Injunction and Memorandum in Support seeking to enjoin only H.B. 56 §§ 13 and 27, (doc. 47), thereafter, plaintiffs filed their First and Second Amended Complaint. (Docs. 48 and 50.)
Upon consideration of the Amended Motion for Preliminary Injunction, the memoranda submitted in support of and in opposition to the Motion and the Amended Motion, the arguments of counsel, and the relevant law, the court is of the opinion that their Amended Motion to enjoin Section 27 of H.B. 56 is due to be denied based on plaintiffs’ lack of standing; and that their Amended Motion to enjoin Section 13 of H.B. 56 is due to be
2

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 3 of 13
denied as moot based on the court’s Order in United States v. State of Alabama, 2:11-CV2746-SLB, which preliminarily enjoins Section 13 on the ground that the United States has established the necessary requirements for a preliminary injunction. Their original Motion, (doc. 15), will be denied as moot.
II. DISCUSSION A. H.B. 56 § 27
The initial question the court must decide is whether plaintiffs have standing to challenge H.B. 56 § 27. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 102 (1998) (noting that whether the plaintiff has standing is the “threshold jurisdictional question”). Plaintiffs contend that this suit is brought “on behalf of themselves as well as the members of their respective faith communities.” (Doc. 64 at 27.)2 However, defendants contend that plaintiffs lack standing because they “assert the rights of numerous other persons without any affirmative showing of a legal right to do so,” (doc. 58 at 11); defendants ask the court to “limit its analysis to the rights and injuries of the four Church Leaders themselves,” (id. at 12). Plaintiffs contend that their status within their religious communities authorizes them to seek “protection for themselves as well as their congregations.” (Doc. 64 at 29.) Accordingly, the court will address whether the plaintiffs have standing to bring claims on
2Paragraph 54 of the Second Amended Complaint states: “Alabama’s Episcopal, Methodist and Catholic Church members who provide services, as well as those individuals who receive services from the churches, are subject to criminal prosecution under the AntiImmigration Law. Churches do not check the immigration status of members or individuals receiving services but know, or have significant reason to suspect, that many of the persons they serve are, or are likely to be, undocumented.” (Doc. 50 ¶ 54.)
3

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behalf of their religious communities. Also, although defendants do not contest plaintiffs’ standing as individuals, the court raises the issue sua sponte because individual standing is a fundamental prerequisite to the court’s subject matter jurisdiction. See, e.g., Bochese v. Town of Ponce Inlet, 405 F.3d 964, 975 (11th Cir. 2005) (“‘Indeed, it is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking’ . . . Accordingly, we are obliged to consider questions of standing regardless of whether the parties have raised them.” (quoting Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999))).
Article III of the Constitution restricts federal jurisdiction to actual “Cases” and “Controversies,” U.S. CONST. art. III, § 2, cl. 1, and standing “‘go[es] to the heart of the Article III case or controversy requirement.’” Florida ex rel. Atty. Gen. v. U.S. Dep't of Health and Human Servs., Nos. 11-11021 and 11-11067, 2011 WL 3519178 *2 (11th Cir. Aug. 12, 2011) (quoting Harrell v. The Fla. Bar, 608 F.3d 1241, 1247 (11th Cir. 2010)). In its simplest form, standing typically “requires careful judicial examination . . . whether the particular plaintiff is entitled to an adjudication of the particular claims asserted.” Allen v. Wright, 468 U.S. 737, 752 (1984). In order to establish constitutional standing, the party invoking federal jurisdiction must show the following:
First, the plaintiff must have suffered an injury in fact - an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of - the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court.
4

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Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (internal citations, quotations, and omissions omitted). “If a plaintiff cannot satisfy these constitutional standing requirements, the case lies outside the authority given to the federal courts by Article III and must be dismissed.” Young Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027, 1038 (11th Cir. 2008) (citing Harris v. Evans, 20 F.3d 1118, 1121 (11th Cir. 1994) (en banc)); see also Bochese, 405 F.3d at 974 (“In the absence of standing, a court is not free to opine in an advisory capacity about the merits of a plaintiff’s claims.”). Plaintiffs carry the burden of clearly establishing the requisite elements of standing. Therefore, they must “allege facts demonstrating that [they are the] proper part[ies] to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers.” Warth v. Seldin, 422 U.S. 490, 518 (1975). “It is not enough that ‘the [plaintiff]’s complaint sets forth facts from which [the court] could imagine an injury sufficient to satisfy Article III’s standing requirements.’” Elend v. Basham, 471 F.3d 1199, 1206 (11th Cir. 2006) (quoting Miccosukee Tribe of Indians of Fla. v. Fla. State Athletic Comm'n, 226 F.3d 1226, 1229 (11th Cir. 2000)) (first alteration in original). Specifically, the court must “‘not speculate concerning the existence of standing, nor should [it] imagine or piece together an injury sufficient to give plaintiff standing when it has demonstrated none . . . . If the plaintiff fails to meet its burden, this court lacks the power to create jurisdiction by embellishing a deficient allegation of injury.’” Id. (quoting Miccosukee, 226 F.3d at 1229-30).
5

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 6 of 13
1. Individual Standing The injury-in-fact requirement, the crux of the standing analysis, requires plaintiffs to “‘show that [they] personally [have] suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant.’” Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 472 (1982)(quoting Gladstone, Realtors v. Vill. of Bellwood, 441 U.S. 91, 99 (1979)(emphasis added)). When seeking pre-enforcement review of an allegedly unconstitutional statute, “‘[o]ne does not have to await the consummation of threatened injury to obtain preventive relief. If the injury is certainly impending, that is enough.’” Babbitt v. United Farm Workers Nat'l Union, 442 U.S. 289, 298 (1979) (quoting Pennsylvania v. West Virginia, 262 U.S. 553, 593 (1923)). A plaintiff establishes injury-in-fact for standing purposes by “demonstrat[ing] a realistic danger of sustaining a direct injury as a result of the statute’s operation or enforcement.” Id. (citing O’Shea v. Littleton, 414 U.S. 488, 494 (1974)). Plaintiffs assert that “Section 27 . . . unconstitutionally impairs the obligation of contracts” pursuant to the Contracts Clause of Article I, Section 10 of the United States Constitution.3 (Doc. 50 ¶ 113.) H.B. 56 § 27(a) provides:
3Although the right to “freely contract” is protected under the Due Process Clause of the Fourteenth Amendment, nothing in the record suggests that plaintiffs seek injunctive relief on this basis. See W. Coast Hotel Co. v. Parrish, 300 U.S. 379, 406 (1937) (“That the clause of the Fourteenth Amendment which forbids a state to deprive any person of life, liberty, or property
6

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 7 of 13
No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.
Plaintiffs specifically allege that H.B. 56 § 27 “will prohibit Alabama’s churches from
performing marriages and baptisms, operating day cares and housing facilities, transporting
residents, and performing other services due to fear of criminal prosecution from conducting
any business with individuals assumed or suspected of being undocumented.”4 (Doc. 50 ¶
75 [emphasis added].) These allegations do not give rise to a concrete and imminent
injury-in-fact required for plaintiffs in their individual capacities.
without due process of law includes freedom of contract is so well settled as to be no longer open to question.”). Under the Due Process Clause, the Second Amended Complaint only alleges that the “Anti-Immigration Law” is unconstitutionally “vague and overbroad,” (doc. 50 ¶ 109), and plaintiffs’ later submissions reveal that this challenge is based upon the future operation and enforcement of H.B. 56 § 13 and 27. The Second Amended Complaint indicates that H.B. 56 § 27 is the statutory basis for their Contracts Clause claim, (id. at ¶¶ 112, 113), and the court finds this as the only constitutional ground upon which plaintiffs challenge H.B. 56 § 27. Nonetheless, even if plaintiffs did assert a “freedom of contract” claim under the Due Process Clause, they would not have standing because they have not alleged any intent to enter into contracts unenforceable under H.B. 56 § 27.
4Plaintiffs assert that entering into contracts within the scope of H.B. 56 § 27 subjects individuals to criminal punishment. (Doc. 50 ¶¶ 6, 75.) However, the court notes that H.B. 56 § 27 prevents Alabama courts from enforcing or validating certain contracts with unlawfullypresent aliens, but it does not criminalize the act of entering into a contract with an unlawfullypresent alien. Thus, plaintiffs’ fear of criminal prosecution under H.B. 56 § 27 for contracting with unlawfully-present aliens is unfounded.
7

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 8 of 13
When analyzing a Contracts Clause claim, the court considers three factors: “(1) whether the law substantially impairs a contractual relationship; (2) whether there is a significant and legitimate public purpose for the law; and (3) whether the adjustments of rights and responsibilities of the contracting parties are based upon reasonable conditions and are of an appropriate nature.” Vesta Fire Ins. Corp. v. Florida, 141 F.3d 1427, 1433 (11th Cir. 1998) (citing Energy Reserves Grp., Inc. v. Kan. Power & Light Co., 459 U.S. 400, 410-13 (1983)). The threshold question for the court is whether a contractual relationship exists at the time of the challenged statute’s enactment. See General Motors Corp. v. Romein, 503 U.S. 181, 186 (1992) (noting that the first-prong of a Contracts Clause inquiry has three subcomponents: “whether there is a contractual relationship, whether a change in law impairs that contractual relationship, and whether the impairment is substantial”). This element is uncontroverted in most cases, but when a plaintiff does not allege a contractual relationship that is impaired under the challenged statute, some courts have framed the issue as one of standing. See, e.g., Williams v. Eggleston, 170 U.S. 304, 309 (1898) (holding that a party cannot challenge a state statute’s constitutionality pursuant to Article I, Section 10 unless he is a party to the impaired contract); Mercado-Boneta v. Administracion del Fondo de Compensacion al Paciente, 125 F.3d 9, 12 n.5 (1st Cir. 1997) (noting that one plaintiff “lack[ed] standing to assert a Contract[s] Clause claim, as he ha[d] no contractual relationship with [the defendant]”). Without alleging a personal contractual relationship
8

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 9 of 13
impaired under the statute, plaintiffs have not alleged a personal actual or threatened injury-in-fact arising from the statute’s operation or enforcement.
Here, plaintiffs lack individual standing to challenge H.B. 56 § 27 under the Contracts Clause because their allegations focus solely on the statute’s interference with the ability of plaintiffs’ “churches” to freely contract with unlawfully-present aliens. (Doc. 50 ¶¶ 6, 72, 75.) Nothing before the court indicates that plaintiffs, as individuals, have contractual relationships with or intend to contract with unlawfully-present aliens. Without such allegations, the court can only speculate whether plaintiffs, in their individual capacities, have existing contracts with unlawfully-present aliens that could be affected by H.B. 56 § 27.
Standing “‘must affirmatively appear in the record.’” CAMP Legal Defense Fund, Inc. v. City of Atlanta, 451 F.3d 1257, 1276 (11th Cir. 2006) (quoting FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231 (1990)). The record in this case does not reveal the required proof of an injury-in-fact as required for constitutional standing. The court finds that plaintiffs have not shown “a realistic danger of sustaining a direct injury as a result of [H.B. 56 § 27]’s operation or enforcement.” See Babbitt, 442 U.S. at 298.
2. Associational Standing Plaintiffs’ argument for speaking on behalf of their members, without labeling it as such, is one of “associational standing.” (See doc. 50 ¶ 78 [“An actual and substantial controversy exists between the plaintiffs and the defendants as to their respective legal rights and duties that they, their clergy, and members of their congregations face.”].) The Supreme
9

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 10 of 13
Court recognizes that “an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” Warth, 422 U.S. at 511. An association obtains standing over its members’ claims when: “‘[1] its members would otherwise have standing to sue in their own right, [2] the interests at stake are germane to the organization’s purpose, and [3] neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.’” Sierra Club v. Tenn. Valley Auth., 430 F.3d 1337, 1344 (11th Cir. 2005) (quoting Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181 (2000)). Thus, an association may assert the claims of its members in the absence of injury-in-fact to itself. See, e.g., Warth, 422 U.S. at 511 (“Even in the absence of injury to itself, an association may have standing solely as the representative of its members.”); Doe v. Stincer, 175 F.3d 879, 882 (11th Cir. 1999) (“It has long been settled that an organization has standing to sue to redress injuries suffered by its members without a showing of injury to the association itself and without a statute explicitly permitting associational standing.”).
To the extent plaintiffs assert claims on behalf of their churches and members, their allegations are insufficient to support their standing to challenge H.B. 56 § 27. As set forth above, to have standing to assert a claim under the Contracts Clause, a plaintiff must allege a contract that will be impaired under H.B. 56 § 27. Plaintiffs allege that H.B. 56 § 27 impacts their churches’ ability to “sell items through church-sponsored thrift stores, perform marriages and baptisms, operate camps, manage day cares and implement other contractual
10

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 11 of 13
services.” (Doc. 50 ¶ 72.) Plaintiffs also allege that Section 27 affects their ability to “transport[] residents,” (id. ¶ 75), and “provid[e] counseling services,” (id. ¶ 6). The court notes that H.B. 56 § 27 will not impact the churches’ ability to sell items as such transactions are not contracts that require an unlawfully-present alien to stay in the United States for more than twenty-four hours. The court agrees with defendants’ argument that Section 27 does not reach the covenants of baptism or marriage or other religious sacraments. (Doc. 58 at 24.) As defendants also correctly note, “the fact that Act 2011-535 does not purport to interfere with the fundamental right to marriage is evident in Section 30 [of the Act],” which excludes marriage licenses from the definition of a “business transaction” under the Act. (Doc. 58 at 25.) Moreover, marriage and baptism ceremonies do not require unlawfullypresent aliens to stay in the United States for more than twenty-four hours. See H.B. 56 § 27(a). The Second Amended Complaint also does not allege that operating camps and managing day cares, which are open to unlawfully-present aliens, require contracts for their operation or management. Similarly, there is no allegation indicating that providing transportation or counseling services requires a contractual relationship. In short, the Second Amended Complaint does not allege facts sufficient to support a finding that the churches and/or their members have contracts with unlawfully-present aliens or that they intend to contract with unlawfully-present aliens. Without such allegations, the churches and church
11

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 12 of 13
members would not have standing to challenge H.B. 56 § 27 on their own behalf, and therefore, plaintiffs do not meet the requisite elements of associational standing.5
Because the court finds plaintiffs, individually and on behalf of their churches, clergy, and members have not alleged an injury-in-fact based upon the operation or enforcement of H.B. 56 § 27, their Amended Motion for Preliminary Injunction, (doc. 47), is due to be denied. B. H.B. 56 § 13
Plaintiffs ask this court to enjoin Section 13 of H.B. 56. In United States v. State of Alabama, 2:11-CV-2746-SLB, the court preliminarily enjoined Section 13 on the ground that the United States has met all the necessary requirements for a preliminary injunction. Therefore, because Section 13 is enjoined pending further proceedings, the plaintiffs’ Motion for Preliminary Injunction enjoining Section 13 of H.B. 56 is moot.
5The plaintiffs have also not alleged that any consideration is exchanged for the charitable services they provide to unlawfully-present aliens. Given the nature of these charitable services, it is reasonable to infer that the church does not require unlawfully-present aliens to give consideration. “The courts have established many distinctions between gifts and other transactions. Owing to the absence of consideration, a gift inter vivos does not come within the legal definition of a contract.” Thomas v. Omega Men of N. Ala., Inc., 714 So. 2d 982, 984 (Ala. Civ. App. 1997) (quoting 38 AM. JUR. 2D Gifts § 2 (1968)). Thus, without a showing of consideration exchanged, these “contracts” are simply gifts and outside the purview of H.B. 56 § 27.
12

Case 5:11-cv-02736-SLB Document 83 Filed 09/28/11 Page 13 of 13 CONCLUSION
For the foregoing reasons, the court is of the opinion that plaintiffs do not have standing to challenge Section 27 of H.B. 56, and their request that the court enjoin Section 13 of H.B. 56 is moot. An Order denying plaintiffs’ Amended Motion for Preliminary Injunction, (doc. 47), will be entered contemporaneously with this Memorandum Opinion.
DONE this 28th day of September, 2011. SHARON LOVELACE BLACKBURN CHIEF UNITED STATES DISTRICT JUDGE
13

 
 Case 5:11-cv-02736-SLB Document 96 Filed 10/30/13 Page 1 of 4

FILED
2013 Oct-30 AM 10:31 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

RT. REV. HENRY N. PARSLEY, JR., in his official capacity as Bishop of the Episcopal Church in the Diocese of Alabama; et al.
Plaintiffs,
vs.
ROBERT BENTLEY, in his official capacity as Governor of the State of Alabama; et al.,
Defendants.

) ) ) ) ) ) ) Case Number: ) 5:11-cv-02736-SLB ) ) ) ) )

JOINT MOTION TO DISMISS AS MOOT

The parties respectfully ask the Court to dismiss this case without prejudice,

if it enters the recently proposed order in United States v. Alabama, Case No. 2:11-

cv-02746-SLB, enjoining Sections 13 and 27 of H.B. 56. In support of this motion,

the parties state as follows:

1. In United States, the United States and Alabama recently asked the Court to

enter a proposed order that, among other things, would enter a final

injunction against Sections 13 and 27 of H.B. 56 (Doc #119 in Case No.

2:11-cv-02746-SLB).

2. Plaintiffs believe that if this Court enjoins Sections 13 and 27 in United

States v. Alabama, then Plaintiffs will have received the relief they requested

in this case. 1

Case 5:11-cv-02736-SLB Document 96 Filed 10/30/13 Page 2 of 4

3. Plaintiffs and Defendants agree that Plaintiffs’ request for relief in this case will be moot once the proposed order in United States is entered.
4. By jointly moving this Court to dismiss this case without prejudice as moot, neither Plaintiffs nor Defendants make any representations, admissions, concessions, or stipulations about any other aspect of this case, including but not limited to the underlying merits of Plaintiffs’ claims.
The parties therefore respectfully ask this Court to dismiss this action without prejudice as moot if the proposed order is entered in United States.

Respectfully submitted,

LUTHER STRANGE (ASB-0036-G42L) Attorney General

BY:

s/ John C. Neiman, Jr. John C. Neiman, Jr., Solicitor General (ASB-8093-O68N)

Of Counsel:
OFFICE OF THE ATTORNEY GENERAL 501 Washington Avenue Montgomery, Alabama 36130-0152 Telephone: 334.242.7300 Facsimile: 334.242-4891 jneiman@ago.state.al.us

Counsel for Governor Bentley, Attorney General Strange and District Attorney Broussard

2

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 10/24/2017

CM/ECF - U.S. District Court Northern District of Alabama
U.S. District Court Northern District of Alabama (Northeastern) CIVIL DOCKET FOR CASE #: 5:11-cv-02736-SLB

CLOSED

Parsley et al v. Bentley et al Assigned to: Judge Sharon Lovelace Blackburn Cause: 42:1983 Civil Rights Act Plaintiff Rt. Rev. Henry N. Parsley, Jr. in his ofﬁcial capacity as Bishop of the Episcopal Church in the Diocese of Alabama
https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

Date Filed: 08/01/2011 Date Terminated: 11/25/2013 Jury Demand: None Nature of Suit: 950 Constitutional - State Statute Jurisdiction: Federal Question
represented by Andrew C Allen Burke Harvey, LLC 3535 Grandview Parkway, Ste. 100 Birmingham, AL 35243 205-747-1903 Fax: 205-930-9054 Email: aallen@burkeharvey.com ATTORNEY TO BE NOTICED
Augusta S Dowd WHITE ARNOLD & DOWD PC 2025 3rd Avenue North Suite 500 Birmingham, AL 35203 205-323-1888 Fax: 205-323-8907 Email: adowd@whitearnolddowd.com ATTORNEY TO BE NOTICED
J Mark White WHITE ARNOLD & DOWD PC 2025 3rd Avenue North Suite 500 Birmingham, AL 35203 205-323-1888 Fax: 205-323-8907 Email: mwhite@whitearnolddowd.com ATTORNEY TO BE NOTICED
Katherine R Brown WHITE ARNOLD ANDREWS & DOWD PC 2025 3rd Avenue North, Suite 500 Birmingham, AL 35203 205-323-1888 Fax: 205-323-8907 Email: kbrown@whitearnolddowd.com ATTORNEY TO BE NOTICED
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CM/ECF - U.S. District Court Northern District of Alabama

Plaintiff
Rev. Dr. William H. Willimon in his individual capacity as Bishop of the North Alabama Conference of the United Methodist Church

represented by Augusta S Dowd (See above for address) ATTORNEY TO BE NOTICED
Terry McElheny DOMINICK FELD HYDE PC PO Box 1387 Birmingham, AL 35201 939-0033 Fax: 939-2914 Email: tmcelheny@dfhlaw.com ATTORNEY TO BE NOTICED

Plaintiff
Most Rev. Thomas J. Rodi Roman Catholic Archbishop of Mobile, a corporation sole

represented by Augusta S Dowd (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Most Rev. Robert J. Baker Roman Catholic Bishop of Birmingham in Alabama, a corporation sole

F Grey Redditt , Jr Maynard, Cooper & Gale, P.C. P O Drawer 2568 Mobile, AL 36652-2568 251-405-8645 Fax: 251-432-9781 Email: gredditt@vickersriis.com ATTORNEY TO BE NOTICED
represented by Augusta S Dowd (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Benedictine Sisters of Cullman, Alabama, Inc

John F Whitaker WHITAKER MUDD SIMMS LUKE & WELLS LLC 2011 4th Avenue North Birmingham, AL 35203 205-639-5300 Fax: 205-639-5350 Email: jwhitaker@wmslawﬁrm.com ATTORNEY TO BE NOTICED
represented by Robert Champ Crocker R. CHAMP CROCKER LLC P O Box 2700 Cullman, AL 35056-2130 256-739-5005 Fax: 256-739-5007 Email: champ@champcrocker.com ATTORNEY TO BE NOTICED

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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Plaintiff Benedictine Society of Alabama

CM/ECF - U.S. District Court Northern District of Alabama
S Lynn Marie McKenzie 409 1st Avenue SW Cullman, AL 35055 256-775-9257 Fax: 256-775-9258 Email: lynnmckenzieosb@gmail.com ATTORNEY TO BE NOTICED
represented by Robert Champ Crocker (See above for address) ATTORNEY TO BE NOTICED
S Lynn Marie McKenzie (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Robert Bentley in his ofﬁcial capacity as Governor of the State of Alabama
https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

represented by James W Davis OFFICE OF THE ATTORNEY GENERAL 501 Washington Avenue P O Box 300152 Montgomery, AL 36130-0152 334-242-7300 Fax: 334-353-8440 Email: jimdavis@ago.state.al.us ATTORNEY TO BE NOTICED
John C Neiman , Jr MAYNARD COOPER & GALE PC 1901 Sixth Avenue North 2400 Regions Harbert Plaza Birmingham, AL 35203 205-254-1228 Fax: 205-254-9999 Email: jneiman@maynardcooper.com ATTORNEY TO BE NOTICED
Joshua K Payne SPOTSWOOD SANSOM & SANSBURY LLC 1819 5th Avenue North Suite 1050 Birmingham, AL 35203 205-986-3620 Fax: 205-986-3639 Email: jpayne@spotswoodllc.com ATTORNEY TO BE NOTICED
Margaret L Fleming OFFICE OF THE ATTORNEY GENERAL 501 Washington Avenue
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CM/ECF - U.S. District Court Northern District of Alabama
P O Box 300152 Montgomery, AL 36130-0152 334-242-7300 Fax: 334-353-8440 Email: mﬂeming@ago.state.al.us ATTORNEY TO BE NOTICED

Misty Shawn Fairbanks Messick OFFICE OF THE ATTORNEY GENERAL 501 Washington Avenue P O Box 300152 Montgomery, AL 36130-0152 334-242-7300 Fax: 334-353-8440 Email: mmessick@ago.state.al.us ATTORNEY TO BE NOTICED

Prim Formby Escalona MAYNARD COOPER & GALE PC 1901 Sixth Avenue North, Suite 2400 Birmingham, AL 35203 205-254-1000 Fax: 205-254-1999 Email: pescalona@maynardcooper.com TERMINATED: 06/01/2012 ATTORNEY TO BE NOTICED

R Cooper Shattuck The University of Alabama System 500 University Boulevard East Tuscaloosa, AL 35401 205-348-7380 Fax: 205-348-8377 Email: cooper@coopershattuck.com TERMINATED: 08/22/2013 ATTORNEY TO BE NOTICED

William G Parker , Jr OFFICE OF THE GOVERNOR Alabama State Capitol 600 Dexter Avenue, Room N-203 Montgomery, AL 36130 334-242-7120 Fax: 334-242-2335 Email: wparker@ago.state.al.us ATTORNEY TO BE NOTICED

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

Winﬁeld J Sinclair OFFICE OF THE ATTORNEY GENERAL 501 Washington Avenue PO Box 300152 Montgomery, AL 36130-0152 334-353-9110 Fax: 334-353-8440
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CM/ECF - U.S. District Court Northern District of Alabama
Email: wsinclair@ago.state.al.us ATTORNEY TO BE NOTICED

Defendant
Luther Strange in his ofﬁcial capacity as Attorney General of the State of Alabama

represented by James W Davis (See above for address) ATTORNEY TO BE NOTICED

John C Neiman , Jr (See above for address) ATTORNEY TO BE NOTICED

Joshua K Payne (See above for address) TERMINATED: 08/13/2012 ATTORNEY TO BE NOTICED

Margaret L Fleming (See above for address) ATTORNEY TO BE NOTICED

Misty Shawn Fairbanks Messick (See above for address) ATTORNEY TO BE NOTICED

Prim Formby Escalona (See above for address) TERMINATED: 06/01/2012 ATTORNEY TO BE NOTICED

William G Parker , Jr (See above for address) ATTORNEY TO BE NOTICED

Defendant
Robert L. Broussard in his ofﬁcial capacity as District Attorney of Madison County, Alabama

Winﬁeld J Sinclair (See above for address) ATTORNEY TO BE NOTICED
represented by James W Davis (See above for address) ATTORNEY TO BE NOTICED

John C Neiman , Jr (See above for address) ATTORNEY TO BE NOTICED

Joshua K Payne (See above for address) TERMINATED: 08/13/2012 ATTORNEY TO BE NOTICED

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

Margaret L Fleming (See above for address)
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CM/ECF - U.S. District Court Northern D(isStriecet oaf Abloabvaemafor address) ATTORNEY TO BE NOTICED

Misty Shawn Fairbanks Messick (See above for address) ATTORNEY TO BE NOTICED

Amicus United Mexican States United Mexican States (Mexico)
Amicus Argentina Argentina
Amicus Bolivia Bolivia
Amicus Brazil Brazil
Amicus Chile Chile
Amicus Colombia Columbia
Amicus Costa Rica
Amicus Dominican Republic
https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

Prim Formby Escalona (See above for address) TERMINATED: 06/01/2012 ATTORNEY TO BE NOTICED
represented by W Edward Still EDWARD STILL LAW FIRM LLC 429 Green Springs Hwy STE 161-304 Birmingham, AL 35209 205-320-2882 Fax: 205-320-2882 Email: Still@votelaw.com ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
W Edward Still
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10D/24o/2m01i7nican Republic Dominican Republic
Amicus Ecuador Ecuador

CM/ECF - U.S. District Court Northern DWistricEt odf Awlaabramda Still represented by (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED

Amicus El Salvador El Salvador
Amicus Guatemala Guatemala

represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED

Amicus Honduras Honduras
Amicus Nicaragua Nicaragua

represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED

Amicus Paraguay Paraguay
Amicus Peru Peru
Amicus Uruguay Uruguay
Amicus Hispanic Association of Colleges and Universities (HACU)

represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by W Edward Still (See above for address) ATTORNEY TO BE NOTICED
represented by Miguel A Perez-Vargas MULTICULTURAL EDUCATION AND TRAINING INC, META INC 240 A Elm Street Suite 22A Somerville, MA 02144 617-628-2226 Fax: 617-628-0322

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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CM/ECF - U.S. District Court Northern District of Alabama
Email: perezvargasmiguel@gmail.com ATTORNEY TO BE NOTICED

Amicus National Education Association

represented by Jesse Cecil Gardner THE GARDNER FIRM PC P.O. Drawer 3103 Mobile, AL 36652 251-433-8100 Fax: 251-433-8181 Email: jcg@thegardnerﬁrm.com ATTORNEY TO BE NOTICED

Amicus Alabama Education Association

represented by Jesse Cecil Gardner (See above for address) ATTORNEY TO BE NOTICED

Amicus
National Association of Criminal Defense Lawyers

Amicus
AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Amicus Central Alabama Fair Housing Center

represented by James Uriah Blacksher JAMES U. BLACKSHER, ATTORNEY P O Box 636 Birmingham, AL 35201 205-591-7238 Fax: 866-845-4395 Email: jblacksher@ns.sympatico.ca ATTORNEY TO BE NOTICED

Amicus
Fair Housing Center of Northern Alabama

represented by James Uriah Blacksher (See above for address) ATTORNEY TO BE NOTICED

Amicus South Alabama Center for Fair Housing

represented by James Uriah Blacksher (See above for address) ATTORNEY TO BE NOTICED

Amicus National Fair Housing Alliance, Inc.

represented by James Uriah Blacksher (See above for address) ATTORNEY TO BE NOTICED

Amicus

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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Anti-Defamation League

CM/ECF - U.S. District Court Northern District of Alabama
represented by David I Schoen 2800 Zelda Road, Suite 100-6 Montgomery, AL 36106 334-395-6611 Fax: 917-591-7586 Email: DSchoen593@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amicus
Alabama Coalition Against Domestic Violence

represented by Klari B Tedrow KLARI B. TEDROW, ATTORNEY AT LAW 4 Ofﬁce Park Circle, Suite 214 Birmingham, AL 35209 205-871-8084 Fax: 205-871-8014 Email: ktedrow@usimmigrant.net ATTORNEY TO BE NOTICED

Amicus NAACP Alabama Conference

represented by Bonard I. Molina Garcia WINDROSE LLP 3726 Connecticut Ave NW, Ste. 305 Washington, DC 20008 202-595-4110 ATTORNEY TO BE NOTICED

David Gespass GESPASS & JOHNSON P O Box 550242 Birmingham, AL 35222 205-323-5966 Fax: 205-323-5990 Email: pass.gandjlaw@gmail.com ATTORNEY TO BE NOTICED

Gaela K. Gehring Flores ARNOLD & PORTER LLP 555 Twelfth Street NW Washington, DC 20004 202-942-6505 ATTORNEY TO BE NOTICED

Amicus ACHR

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Alabama NOW

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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Amicus AALDEF

CM/ECF - U.S. District Court Northern District of Alabama
represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Birmingham Peace Project

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
Dominican American National Roundtable

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Equality Alabama

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
Federation of Southern Cooperatives/Land Assistance Fund

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Hispanic Federation

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Immigration Equality

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
Lawyers Committee for Civil Rights Under Law

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Montgomery Improvement Association

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus National Asian-Paciﬁc Bar Association

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus

National Association of Latino Elected

represented by David Gespass

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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and Appointed Ofﬁcials

CM/ECF - U.S. District Court Northern District of Alabama
(See above for address) ATTORNEY TO BE NOTICED

Amicus National Council of La Raza

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus National Employment Law Project

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus National Guestworker Alliance

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
National Immigration Law Project of the National Lawyers Guild

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
New Orleans Workers Center for Racial Justice

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
Sikh American Legal Defense and Education Fund

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Society of American Law Teachers

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
Southern Christian Leadership Conference

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus Southern Coalition for Social Justice

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus
United States Hispanic Leadership Institute

represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

https://ecf.alnd.uscourts.gov/cgi-bin/DktRpt.pl?3243922327111-L_1_0-1

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Amicus National Lawyers Guild

CM/ECF - U.S. District Court Northern District of Alabama
represented by David Gespass (See above for address) ATTORNEY TO BE NOTICED

Amicus American Unity Legal Defense Fund

represented by Barnaby White Zall WEINBERG JACOBS & TOLANI LLP 11300 Rockville Pike Suite 1200 Rockville, MD 20852 301-231-6943 Fax: 301-984-1200 Email: bzall@aol.com ATTORNEY TO BE NOTICED

Amicus Alabama Legislators

John J Park , Jr STRICKLAND BROCKINGTON LEWIS LLP 1170 Peachtree Street NE, Suite. 2200 Atlanta, GA 30309 678-347-2208 Fax: 678-347-2210 Email: jjp@sbllaw.net ATTORNEY TO BE NOTICED
represented by Stephen W Williams FOXTROT LFC 1321 Gunter Avenue Guntersville, AL 35976 256-582-2905 Email: stephen@thinkfoxtrot.com ATTORNEY TO BE NOTICED

Date Filed 08/01/2011
08/01/2011 08/03/2011 08/03/2011

# Docket Text
1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Robert Bentley, Robert L. Broussard, Luther Strange (Filing fee $ 350, receipt number: B4601025312) ﬁled by Henry N. Parsley, Jr, William H. Willimon, Robert J. Baker, Thomas J. Rodi.(AHI) (Entered: 08/02/2011)
2 Summons Issued by the clerk and hand dleivered to plaintiff as to Robert Bentley, Robert L. Broussard, Luther Strange. (AHI) (Entered: 08/02/2011)
3 MOTION to Consolidate Cases and for Additional Time by Robert Bentley, Robert L. Broussard, Luther Strange. (Davis, James) (Entered: 08/03/2011)
4 ORDER granting motions to consolidate; motions for additional time are denied; PARTIES SHALL FILE ALL PLEADINGS IN LEAD CASE 5:11CV2484 SLB; Oral argument on the pending motions for preliminary injunction is set for 8/24/2011 09:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Sharon Lovelace Blackburn. Dfts shall ﬁle their opposition to USA's motion for preliminary injunction by 8/15/2011;

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08/03/2011 08/03/2011 08/03/2011 08/03/2011 08/03/2011 08/03/2011 08/04/2011 08/04/2011
08/04/2011

CM/ECF - U.S. District Court Northern District of Alabama
USA shall reply by 8/22/2011. Signed by Chief Judge Sharon Lovelace Blackburn on 8/3/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-LSC, 5:11-cv-02736CLS(KAM, ) (Entered: 08/03/2011)
5 Case Reassigned to Judge Chief Judge Sharon Lovelace Blackburn and consolidated with 2:11cv2484 SLB. Judge Judge C Lynwood Smith, Jr no longer assigned to the case. (KAM, ) (Entered: 08/03/2011)
6 MOTION for Leave to File Brief of Amici Curiae by Hispanic College Fund, LULAC, META, Inc.. (Attachments: # Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Rice, Roger) (Additional attachment(s) added on 8/4/2011: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (KAM, ). (Entered: 08/03/2011)
7 MOTION for Leave to Appear PRO HAC VICE by Hispanic College Fund, LULAC, META, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Perez-Vargas, Miguel) (Additional attachment(s) added on 8/4/2011: # 1 Exhibit) (KAM, ). (Entered: 08/03/2011)
8 MOTION for leave to ﬁle Amicus Curiae APPEARANCE entered by Edward Still on behalf of United Mexican States. (Attachments: # 1 Appendix brief, # 2 Exhibit A, # 3 Exhibit B)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Still, Edward) Modiﬁed on 8/4/2011 (KAM, ). (Entered: 08/03/2011)
PHV Fee paid: $ 50, receipt number 1126-1452513. Associated Cases: 5:11-cv-02484SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Perez-Vargas, Miguel) NDAL rec# B4601025475 Modiﬁed on 8/4/2011 (KAM, ). (Entered: 08/03/2011)
9 MOTION for leave to ﬁle Amicus Curiae APPEARANCE entered by Edward Still on behalf of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, Uruguay. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Still, Edward) Modiﬁed on 8/4/2011 (KAM, ). (Entered: 08/03/2011)
10 MOTION for Leave to File to Join Brief of Amici Curiae by Hispanic College Fund, LULAC, META, Inc., Hispanic Association of Colleges and Universities (HACU). Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(PerezVargas, Miguel) (Entered: 08/04/2011)
ORDER granting (57) Motion for Leave to Appear PHV by Roger Rice; granting (61) Motion for Leave to Appear PHV by Miguel Perez-Vargas in case 5:11-cv-02484-SLB; granting (14) Motion for Leave to Appear PHV in case 2:11-cv-02746-SLB; granting (7) Motion for Leave to Appear PHV in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/4/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv02746-SLB, 5:11-cv-02736-SLB(KAM) (Entered: 08/04/2011)
ORDER granting (60) Motion for Leave to File Amici Curiae brief by Hispanic College Fund, LULAC, META, Inc; granting (62) Motion for Leave to File Amicus Curiae by United Mexican States; granting (63) Motion for Leave to join Amicus Curiae by Argentina, Bolivia, Brazil, Chile, Comombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, Uraguay; granting (64) Motion for Leave to join brief of Amici Curiae by HACU in case 5:11-cv-02484-SLB; granting (19) Motion for Leave to File Amici Curiae brief; granting (13) Motion for Leave to File Amicus Curiae in case 2:11-cv-02746-SLB; granting (6) Motion for Leave to File Amicus Curiae; granting (10) Motion for Leave to File Amici Curiae in case 5:11-cv02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/4/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(KAM, ) (Entered: 08/04/2011)

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08/04/2011 08/04/2011 08/05/2011 08/05/2011 08/05/2011 08/05/2011 08/05/2011
08/05/2011
08/05/2011 08/05/2011
08/05/2011
08/05/2011 08/05/2011 08/05/2011

CM/ECF - U.S. District Court Northern District of Alabama
11 MOTION for Leave to Appear Pro Hac Vice by - Jessica Karp obo all pltfs in 5:11-2484SLB (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Brooke, Samuel) (Entered: 08/04/2011)
PHV Fee paid: $ 50, receipt number 1126-1453466. Associated Cases: 5:11-cv-02484SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Brooke, Samuel) (Entered: 08/04/2011)
12 Amicus Curiae APPEARANCE entered by Miguel A Perez-Vargas on behalf of Hispanic Association of Colleges and Universities (HACU), Hispanic College Fund, LULAC, META, Inc.. SEE DOCUMENT 17 FOR COMPLETE BRIEF (Entered: 08/05/2011)
13 MOTION for Leave to File As Amici Curiae by National Education Association, Alabama Education Association. (Attachments: # 1 Brief)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Gardner, J) (Entered: 08/05/2011)
14 Corporate Disclosure Statement by Alabama Education Association, National Education Association. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Gardner, J) (Entered: 08/05/2011)
15 MOTION for Preliminary Injunction by Henry N. Parsley, Jr. Associated Cases: 5:11-cv02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Dowd, Augusta) (Entered: 08/05/2011)
16 MOTION for Leave to File Amicus Brief in Support of Preliminary Injunction by National Association of Criminal Defense Lawyers. (Attachments: # 1 Exhibit Brief)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Spina, Thomas) (Entered: 08/05/2011)
17 Amicus Curiae brief on behalf of Hispanic Association of Colleges and Universities (HACU), Hispanic College Fund, LULAC, META, Inc.. (Attachments: # 1 Exhibit A Dear Colleage Letter 1997, # 2 Exhibit B-Delaration MPV, # 3 Exhibit C-Declaration M. Fix, # 4 Exhibit D-Declaration Dr. Castro)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv02746-SLB, 5:11-cv-02736-SLB(Perez-Vargas, Miguel) (Entered: 08/05/2011)
18 Brief of Amicus Curiae Anti-Defamation League in Support of Plaintiffs' Motion for Preliminary Injunction. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11cv-02736-SLB(Schoen, David) (Entered: 08/05/2011)
19 MOTION for Leave to Appear Pro Hac Vice by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Exhibit Certiﬁcate of Good Standing)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Badrinath, Vikram) (Entered: 08/05/2011)
20 MOTION for Leave to Appear As Amicus Curiae by AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (Attachments: # 1 Text of Proposed Order Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Badrinath, Vikram) (Entered: 08/05/2011)
21 Brief of Amicus Curiae (AILA). Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746SLB, 5:11-cv-02736-SLB(Badrinath, Vikram) (Entered: 08/05/2011)
PHV Fee paid: $ 50, receipt number 1126-1454047. Associated Cases: 5:11-cv-02484SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Badrinath, Vikram) (Entered: 08/05/2011)
22 MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction by Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, South Alabama Center for Fair Housing, National Fair Housing Alliance, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Amicus Brief, # 3 Disclosure

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08/05/2011 08/05/2011 08/05/2011 08/06/2011

CM/ECF - U.S. District Court Northern District of Alabama
Statement)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Blacksher, James) (Entered: 08/05/2011)
23 ORDER Setting Hearing on Motion (15 in 5:11-cv-02736-SLB) MOTION for Preliminary Injunction : Oral argument set for 8/24/2011 09:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Chief Judge Sharon Lovelace Blackburn; dfts shall ﬁle their opposition by 8/15/2011; plas' reply is due by 8/22/2011. Signed by Chief Judge Sharon Lovelace Blackburn on 8/5/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746SLB, 5:11-cv-02736-SLB(KAM, ) (Entered: 08/05/2011)
24 NOTICE of Appearance by David I Schoen on behalf of Anti-Defamation League Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Schoen, David) (Entered: 08/05/2011)
25 MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs' Motion for Preliminary Injunction by Alabama Coalition Against Domestic Violence. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Text of Proposed Order)Associated Cases: 5:11-cv02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Tedrow, Klari) (Entered: 08/05/2011)
26 MOTION for Leave to File Amicus Curiae Brief by NAACP Alabama Conference, ACHR, Alabama NOW, AALDEF, Birmingham Peace Project, Dominican American National Roundtable, Equality Alabama, Federation of Southern Cooperatives/Land Assistance Fund, Hispanic Federation, Immigration Equality, Lawyers Committee for Civil Rights Under Law, Montgomery Improvement Association, National Asian-Paciﬁc Bar Association, National Association of Latino Elected and Appointed Ofﬁcials, National Council of La Raza, National Employment Law Project, National Guestworker Alliance, National Immigration Law Project of the National Lawyers Guild, New Orleans Workers Center for Racial Justice, Sikh American Legal Defense and Education Fund, Society of American Law Teachers, Southern Christian Leadership Conference, Southern Coalition for Social Justice, United States Hispanic Leadership Institute, National Lawyers Guild. (Attachments: # 1 Exhibit Brief of Amici Curiae & Appendix)Associated Cases: 5:11-cv02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Gespass, David) (Entered: 08/05/2011)
27 MOTION for Leave to Appear Pro Hac Vice - Steven P. Rice by Alabama Coalition Against Domestic Violence. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Tedrow, Klari) (Entered: 08/05/2011)
28 MOTION for Leave to Appear Pro Hac Vice - Thy B. Bui by Alabama Coalition Against Domestic Violence. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Tedrow, Klari) (Entered: 08/05/2011)
29 RESPONSE in Opposition re (37 in 5:11-cv-02484-SLB) MOTION for Preliminary Injunction and Memorandum in Support ﬁled by Robert Bentley, Robert L. Broussard, Freida Hill, Joseph B. Morton, Luther Strange. (Attachments: # 1 Exhibit 1 (Declaration of Haran Lowe), # 2 Exhibit 2 (Declaration of Jerry Bassett), # 3 Exhibit 3 (Letter from Superintendent Morton), # 4 Exhibit 4 (Letter from Chancellor Hill))Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Davis, James) (Entered: 08/05/2011)
30 Amicus Curiae APPEARANCE entered by David Gespass on behalf of NAACP Alabama Conference. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Gespass, David) (Entered: 08/06/2011)

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CM/ECF - U.S. District Court Northern District of Alabama
31 MOTION for Leave to Appear Pro Hac Vice by Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, National Fair Housing Alliance, Inc., South Alabama Center for Fair Housing. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Blacksher, James) (Entered: 08/08/2011)

08/08/2011

32 MOTION for Leave to Appear Pro Hac Vice by Central Alabama Fair Housing Center, National Fair Housing Alliance, Inc., South Alabama Center for Fair Housing, Fair Housing Center of Northern Alabama. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(Blacksher, James) (Entered: 08/08/2011)

08/08/2011

33 MOTION for Leave to Appear Pro Hac Vice by Central Alabama Fair Housing Center, Fair Housing Center of Northern Alabama, National Fair Housing Alliance, Inc., South Alabama Center for Fair Housing. (Attachments: # 1 Text of Proposed Order)Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Blacksher, James) (Entered: 08/08/2011)

08/08/2011

PHV Fee paid: for Jamie L. Crook $ 50, receipt number 1126-1454701. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Blacksher, James) ALND rec # B4601025582 Modiﬁed on 8/9/2011 (KAM, ). (Entered: 08/08/2011)

08/08/2011

PHV Fee paid: for Katherine Gillaspie $ 50, receipt number 1126-1454704. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Blacksher, James)ALND rec # B4601025584 Modiﬁed on 8/9/2011 (KAM, ). (Entered: 08/08/2011)

08/08/2011

PHV Fee paid: for Stephen Dane $ 50, receipt number 1126-1454707. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Blacksher, James) ALND rec# B4601025583 Modiﬁed on 8/9/2011 (KAM, ). (Entered: 08/08/2011)

08/08/2011

34 MOTION for Leave to Appear as Amicus Curiae by Anti-Defamation League. (Attachments: # 1 Exhibit Exhibit "A" - ADL Amicus Brief [DE 71])Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Schoen, David) (Entered: 08/08/2011)

08/08/2011

35 MOTION for Leave to Appear PHV by Bonard I. Molina Garcia by NAACP Alabama Conference. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(KAM, ) (Entered: 08/08/2011)

08/08/2011

36 MOTION for Leave to Appear PHV for Gaela K. Gehring Flores by NAACP Alabama Conference. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736SLB(KAM, ) (Entered: 08/08/2011)

08/09/2011

PHV Fee paid: for Stephen P. Rice and Thy B. Bui $100, receipt number B4601025575 Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(KAM, ) (Entered: 08/09/2011)

08/09/2011

ORDER granting (65) Motion for Leave to Appear PHV; granting (72) Motion for Leave to Appear PHV; granting (80) Motion Appear PHV; granting (81) Motion Appear PHV; granting (84) Motion for Leave to Appear PHV; granting (85) Motion for Leave to Appear PHV; granting (86) Motion for Leave to Appear PHV in case 5:11-cv-02484-SLB; granting (20) Motion for Leave to Appear PHV; granting (28) Motion for Leave to Appear PHV; granting (36) Motion Appear PHV; granting (37) Motion Appear PHV; granting (40) Motion for Leave to Appear PHV; granting (41) Motion for Leave to Appear PHV; granting (42) Motion for Leave to Appear PHV in case 2:11-cv-02746-SLB; granting (19) Motion for Leave to Appear PHV; granting (27) Motion Appear PHV; granting (28) Motion Appear PHV; granting (31) Motion for Leave to Appear PHV; granting (32) Motion for Leave to Appear PHV; granting (33) Motion for Leave to Appear PHV;

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08/09/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011 08/09/2011

CM/ECF - U.S. District Court Northern District of Alabama
granting (11) Motion for Leave to Appear PHV in case 5:11-cv-02736-SLB ; Counsel are reminded that they must register for electronic ﬁling through this court's website www.alnd.uscourts.gov. Signed by Chief Judge Sharon Lovelace Blackburn on 8/9/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(KAM, ) (Entered: 08/09/2011)
ORDER granting (66) Motion for Leave to File Amicus Curiae brief; granting (69) Motion for Leave to File Amicus Curiae brief; granting (73) Motion for Leave to Appear Amicus Curiae; granting (75) Motion for Leave to File Amicus Curiae brief; granting (78) Motion for Leave to File Amicus Curiae brief; granting (79) Motion for Leave to File Amicus Curiae; granting (87) Motion for Leave to Appear Amicus Curiae in case 5:11-cv-02484SLB; granting (22) Motion for Leave to File Amicus Curiae brief; granting (25) Motion for Leave to File Amicus Curiae brief; granting (29) Motion for Leave to Appear Amicus Curiae; granting (31) Motion for Leave to File Amicus Curiae brief; granting (34) Motion for Leave to File Amicus Curiae brief; granting (35) Motion for Leave to File Amicus Curiae brief; granting (43) Motion for Leave to Appear Amicus Curiae in case 2:11-cv02746-SLB; granting (13) Motion for Leave to File Amicus Curiae brief; granting (16) Motion for Leave to File Amicus Curiae brief; granting (20) Motion for Leave to Appear Amicus Curiae; granting (22) Motion for Leave to File Amicus Curiae brief; granting (25) Motion for Leave to File Amicus Curiae brief; granting (26) Motion for Leave to File Amicus Curiae brief; granting (34) Motion for Leave to Appear Amicus Curiaein case 5:11-cv-02736-SLB ; Amici are DIRECTED to electronically ﬁle their briefs FORTHWITH. Signed by Chief Judge Sharon Lovelace Blackburn on 8/9/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(KAM) (Entered: 08/09/2011)
37 ORDER the court will not hear oral argument on motion for more deﬁnite statement and to strike - hearing set for 8/24/2011 is cancelled; any opposition to the motion remains due by 8/12/2011. Signed by Chief Judge Sharon Lovelace Blackburn on 8/9/2011. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(KAM, ) (Entered: 08/09/2011)
38 NOTICE of Appearance by Prim Formby Escalona on behalf of Robert Bentley, Robert L. Broussard, Luther Strange, Alabama, State of, Robert J Bentley, Robert L. Broussard, Freida Hill, Joseph B. Morton Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Escalona, Prim) (Entered: 08/09/2011)
39 NOTICE of Appearance by John C Neiman, Jr on behalf of Robert Bentley, Robert L. Broussard, Luther Strange, Alabama, State of, Robert J Bentley, Robert L. Broussard, Freida Hill, Joseph B. Morton Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Neiman, John) (Entered: 08/09/2011)
40 Amicus Curiae Brief re(37 in 5:11-cv-02484-SLB) by Alabama Coalition Against Domestic Violence in Support Of Plaintiffs' Motion For Preliminary Injunction. Associated Cases: 5:11-cv-02484-SLB, 2:11-cv-02746-SLB, 5:11-cv-02736-SLB(Tedrow, Klari) (Entered: 08/09/2011)
41 MOTION Certify Question to the Supreme Court of Alabama re (15 in 5:11-cv-02736SLB) MOTION for Preliminary Injunction, (1 in 5:11-cv-02736-SLB) Complaint by Robert Bentley, Robert L. Broussard, Luther Strange. Associated Cases: 5:11-cv-02736SLB, 2:11-cv-02746-SLB(Fairbanks, Misty) (Entered: 08/09/2011)
42 MOTION to certify question to the Supreme Court of Alabama by Robert Bentley, Robert L. Broussard, Luther Strange. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 2:11cv2746 50 (KAM, ) (Entered: 08/10/2011)
PHV Fee paid: $50, receipt number 4601025631 re: Garcia (doc 88 in lead, doc 35 in 2736

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08/09/2011 08/10/2011
08/10/2011 08/10/2011 08/10/2011 08/10/2011 08/11/2011 08/11/2011 08/11/2011 08/11/2011 08/12/2011 08/12/2011 08/12/2011

CM/ECF - U.S. District Court Northern District of Alabama
and doc 44 in 2746) Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv02746-SLB(FNC) (Entered: 08/10/2011)
PHV Fee paid: $50, receipt number 4601025632 re: Flores. (doc 89 in lead; doc 36 in 2736 and doc 45 in 2746). Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv02746-SLB(FNC) (Entered: 08/10/2011)
43 AMICI CURIAE BRIEF by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, United Mexican States, Uruguay. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Still, Edward) (Entered: 08/10/2011)
44 Brief re(66 in 5:11-cv-02484-SLB, 22 in 5:11-cv-02746-SLB, 13 in 5:11-cv-02736-SLB) MOTION for Leave to File As Amici Curiae. Associated Cases: 5:11-cv-02484-SLB, 5:11cv-02736-SLB, 5:11-cv-02746-SLB(Gardner, J) (Entered: 08/10/2011)
45 NOTICE by Alabama Education Association, National Education Association Certiﬁcation of Service of Motion for Leave, Brief and Corporate Disclosure Statement Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Gardner, J) (Entered: 08/10/2011)
46 MOTION to Amend/Correct (95 in 5:11-cv-02484-SLB) Trial Brief, (amicus) by United Mexican States. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv02746-SLB(Still, Edward) (Entered: 08/10/2011)
47 Amended MOTION for Preliminary Injunction by Robert J. Baker, Henry N. Parsley, Jr, Thomas J. Rodi, William H. Willimon. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(Dowd, Augusta) (Entered: 08/10/2011)
48 AMENDED COMPLAINT against Robert Bentley, Robert L. Broussard, Luther Strange, ﬁled by Robert J. Baker, Henry N. Parsley, Jr, William H. Willimon, Thomas J. Rodi. (Dowd, Augusta) (Entered: 08/11/2011)
49 MOTION to Amend/Correct First Amended Complaint by Robert J. Baker, Henry N. Parsley, Jr, Thomas J. Rodi, William H. Willimon. Associated Cases: 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Dowd, Augusta) (Entered: 08/11/2011)
ORDER granting 49 Motion to Amend/Correct First Amended Complaint. Signed by Chief Judge Sharon Lovelace Blackburn on 8/11/11. (SMH) (Entered: 08/11/2011)
50 AMENDED COMPLAINT Second against Robert Bentley, Robert L. Broussard, Luther Strange, ﬁled by Robert J. Baker, Henry N. Parsley, Jr, William H. Willimon, Thomas J. Rodi.(Dowd, Augusta) (Entered: 08/11/2011)
PHV Fee paid: $ 50, receipt number 1126-1458556. Associated Cases: 5:11-cv-02484SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Schoen, David) ALND rec# B4601025745 Modiﬁed on 8/12/2011 (KAM, ). (Entered: 08/12/2011)
51 MOTION for Leave to Appear Pro Hac Vice on behalf of Dale M. Schwartz, Esquire by Anti-Defamation League. (Attachments: # 1 Exhibit Certiﬁcate of Good Standing)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Schoen, David) (Entered: 08/12/2011)
52 MOTION for Leave to Appear PHV by United Mexican States for Carla Gorniak, Henry Solano and Christopher Clark. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736SLB, 5:11-cv-02746-SLB(Still, Edward) Modiﬁed on 8/15/2011 (CVA). (Entered: 08/12/2011)

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08/15/2011 08/15/2011

CM/ECF - U.S. District Court Northern District of Alabama
53 MOTION for Leave to File Pro Hac Vice by Alabama Education Association, National Education Association. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11cv-02746-SLB(Gardner, J) (Entered: 08/12/2011)
54 ORDER granting (2) Motion for leave to proceed under pseudonyms in case 5:11-cv02484-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/12/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/12/2011)
ORDER granting (88) Motion for Leave to Appear PHV; granting (89) Motion for Leave to Appear PHV; granting (100) Motion for Leave to Appear PHV in case 5:11-cv-02484SLB; granting (44) Motion for Leave to Appear PHV; granting (45) Motion for Leave to Appear PHV; granting (59) Motion for Leave to Appear PHVin case 5:11-cv-02746-SLB; granting (35) Motion for Leave to Appear PHV; granting (36) Motion for Leave to Appear PHV; granting (51) Motion for Leave to Appear PHV in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/12/2011. Associated Cases: 5:11-cv02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/12/2011)
55 Opposition to re (36 in 5:11-cv-02484-SLB, 36 in 5:11-cv-02484-SLB) Plaintiffs' Opposition To Defendants' Motion for More Deﬁnite Statement and To Strike ﬁled by Aids Action Coalition, Alabama Appleseed Center for Law & Justice, Inc., Robert Barber, Jeffrey Allen Beck, Boat People SOS, Michelle Cummings, Dreamactivist.org, Greater Birmingham Ministries, Esayas Haile, Hispanic College Fund, Hispanic Interest Coalition of Alabama, Huntsville International Help Center, Interpreters and Translators Assocation of Alabama, Ellin Jimmerson, Pamela Long, Juan Pablo Black Romero, Service Employees International Union, Southern Regional Joint Board of Workers United, Fiseha Tesfamariam, Christopher Barton Thau, United Food and Commercial Workers International Union, Local 1657 United Food and Commercial Workers International Union, Daniel Upton, Matt Webster, Maria D. Ceja Zamora. (Attachments: # 1 Declaration with Exhibits)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Viramontes, Victor) (Entered: 08/12/2011)
56 MOTION for Leave to Appear Pro Hac Vice for Barnaby Zall by American Unity Legal Defense Fund. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv02746-SLB(Park, John) Modiﬁed on 8/15/2011 (CVA). (Entered: 08/15/2011)
57 MOTION for Leave to File Brief Amicus Curiae by American Unity Legal Defense Fund. (Attachments: # 1 Exhibit A)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Park, John) (Entered: 08/15/2011)
PHV Fee paid for Carla Gorniak, Henry Solano and Christopher Clark, receipt number B4601025753, $150 (for Motion 101 in lead case). Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(CVA) (Entered: 08/15/2011)
58 RESPONSE in Opposition re (57 in 5:11-cv-02746-SLB, 47 in 5:11-cv-02736-SLB, 99 in 5:11-cv-02484-SLB) Amended MOTION for Preliminary Injunction (State Defendants' Response to Church Leaders' Amended Motion for Preliminary Injunction and Memorandum in Support) ﬁled by Robert Bentley, Robert L. Broussard, Luther Strange. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Fairbanks, Misty) (Entered: 08/15/2011)
59 MOTION for Leave to Appear by Alabama Legislators. (Attachments: # 1 Exhibit proposed amicus brief, # 2 Exhibit list of individual amici, # 3 Exhibit 1996 OLC opinion, # 4 Exhibit 2002 Bybee memo)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736SLB, 5:11-cv-02746-SLB(Williams, Stephen) (Entered: 08/15/2011)
60 REPLY to Response to Motion re (37 in 5:11-cv-02484-SLB) MOTION for Preliminary

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08/20/2011

CM/ECF - U.S. District Court Northern District of Alabama
Injunction and Memorandum in Support ﬁled by Aids Action Coalition, Alabama Appleseed Center for Law & Justice, Inc., Robert Barber, Jeffrey Allen Beck, Boat People SOS, Michelle Cummings, Dreamactivist.org, Greater Birmingham Ministries, Esayas Haile, Hispanic Interest Coalition of Alabama, Huntsville International Help Center, Interpreters and Translators Assocation of Alabama, Ellin Jimmerson, Pamela Long, Juan Pablo Black Romero, Service Employees International Union, Southern Regional Joint Board of Workers United, Fiseha Tesfamariam, Christopher Barton Thau, United Food and Commercial Workers International Union, Local 1657 United Food and Commercial Workers International Union, Daniel Upton, Matt Webster, Maria D. Ceja Zamora. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Wang, Cecillia) (Entered: 08/15/2011)
61 RESPONSE in Opposition re (2 in 5:11-cv-02746-SLB) MOTION for Preliminary Injunction ﬁled by Alabama, State of, Robert J Bentley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(Neiman, John) (Entered: 08/15/2011)
62 Evidentiary Material re:(47 in 5:11-cv-02736-SLB) Amended MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Dowd, Augusta) (Entered: 08/17/2011)
63 NOTICE of Appearance by Allison E Neal on behalf of All Plaintiffs Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Neal, Allison) (Entered: 08/18/2011)
64 REPLY to Response to Motion re (47 in 5:11-cv-02736-SLB) Amended MOTION for Preliminary Injunction ﬁled by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Henry N. Parsley, Jr, Thomas J. Rodi, William H. Willimon. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Associated Cases: 5:11-cv-02484SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Dowd, Augusta) (Entered: 08/19/2011)
65 NOTICE by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Henry N. Parsley, Jr, Thomas J. Rodi, William H. Willimon, United States of America, Aids Action Coalition, Alabama Appleseed Center for Law & Justice, Inc., Robert Barber, Jeffrey Allen Beck, Boat People SOS, Michelle Cummings, Dreamactivist.org, Greater Birmingham Ministries, Esayas Haile, Hispanic Interest Coalition of Alabama, Huntsville International Help Center, Interpreters and Translators Assocation of Alabama, Ellin Jimmerson, Pamela Long, Juan Pablo Black Romero, Service Employees International Union, Southern Regional Joint Board of Workers United, Fiseha Tesfamariam, Christopher Barton Thau, United Food and Commercial Workers International Union, Local 1657 United Food and Commercial Workers International Union, Daniel Upton, Matt Webster, Maria D. Ceja Zamora re (37 in 5:11-cv-02484-SLB) MOTION for Preliminary Injunction and Memorandum in Support NOTICE OF SUPPLEMENTAL EVIDENCE (Attachments: # 1 Exhibit A-Napolitano Memo)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Tumlin, Karen) (Entered: 08/19/2011)
66 NOTICE by Alabama, State of, Robert J Bentley, Robert Bentley, Robert L. Broussard, Freida Hill, Joseph B. Morton, Luther Strange re (82 in 5:11-cv-02484-SLB) Response in Opposition to Motion,, (110 in 5:11-cv-02484-SLB) Response in Opposition to Motion,

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Correction Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Neiman, John) (Entered: 08/20/2011)

08/20/2011

67 Brief (State Defendants' Supplemental Brieﬁng Addressing Equal Protection Challenge) ﬁled by Robert Bentley, Robert L. Broussard, Freida Hill, Joseph B. Morton, Luther Strange. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(Fleming, Margaret) (Entered: 08/20/2011)

08/21/2011

68 Brief HICA Plaintiffs' Supplemental Brieﬁng on Section 28 Equal Protection Challenge. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Brooke, Samuel) (Entered: 08/21/2011)

08/22/2011

69 Opposition to (Surreply to) Church Leaders' Motion for Preliminary Injunction (Doc. 99) ﬁled by Robert Bentley, Robert L. Broussard, Luther Strange. Associated Cases: 5:11-cv02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Parker, William) (Entered: 08/22/2011)

08/22/2011

70 NOTICE by Hispanic Interest Coalition of Alabama Notice of Supplemental Evidence (Attachments: # 1 Exhibit)Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Turner, Andrew) (Entered: 08/22/2011)

08/23/2011

71 MOTION Leave to File Corrected Cover Page of Reply Brief by United States of America. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Reeves, C) (Entered: 08/23/2011)

08/23/2011

ORDER granting (101) Motion for Leave to Appear PHV in case 5:11-cv-02484-SLB; granting (60) Motion for Leave to Appear PHV in case 5:11-cv-02746-SLB; granting (52) Motion for Leave to Appear PHV in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/23/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/23/2011)

08/23/2011

ORDER granting (119) Motion to correct cover page in case 5:11-cv-02484-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/23/11. Associated Cases: 5:11-cv-02484SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(SMH) (Entered: 08/23/2011)

08/23/2011

ORDER in case 5:11-cv-02484-SLB; granting (71) Motion to correct cover page reﬂecting consolidated case numbers in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/23/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/23/2011)

08/23/2011

72 UNITED STATES OF AMERICAS REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION ﬁled by United States of America. (Deemed ﬁled 8/22/2011 in 5:11cv2746) Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/23/2011)

08/23/2011

ORDER granting (105) Motion for Leave to Appear PHV in case 5:11-cv-02484-SLB; granting (64) Motion for Leave to Appear PHV in case 5:11-cv-02746-SLB; granting (56) Motion for Leave to Appear PHV in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/23/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/23/2011)

08/23/2011

PHV Fee paid: $ 50, receipt number 1126-1465176. Associated Cases: 5:11-cv-02484SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Gardner, J) (Entered: 08/23/2011)

08/23/2011

ORDER granting (102) Motion for Leave Appear PHV by Michael D. Simpson in case 5:11-cv-02484-SLB; granting (61) Motion for Leave to File in case 5:11-cv-02746-SLB; granting (53) Motion for Leave to File in case 5:11-cv-02736-SLB. Signed by Chief Judge Sharon Lovelace Blackburn on 8/23/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/23/2011)

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08/23/2011

73 MOTION to Dismiss the Second Amended Complaint of Plaintiffs Parsley, et al. (Doc. 50 in Case No. 11-cv-2736) by Robert Bentley, Robert L. Broussard, Luther Strange. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Davis, James) (Entered: 08/23/2011)

08/23/2011

74 MOTION to Dismiss the United States' Complaint (Doc. 1 in Case No. 11-cv-2746) by Alabama, State of, Robert J Bentley. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(Davis, James) (Entered: 08/23/2011)

08/24/2011

Minute Entry for proceedings held before Chief Judge Sharon Lovelace Blackburn: Motion Hearing held on 8/24/2011 re Pltfs' MOTIONS for Preliminary Injunction. (Court Reporter Julie Martin.) Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746SLB(SMH) (Entered: 08/24/2011)

08/25/2011

75 NOTICE of Appearance by J Mark White on behalf of Henry N. Parsley, Jr Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(White, J) (Entered: 08/25/2011)

08/25/2011

76 NOTICE of Appearance by Andrew C Allen on behalf of Henry N. Parsley, Jr Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Allen, Andrew) (Entered: 08/25/2011)

08/25/2011

77 NOTICE of Appearance by Katherine R Brown on behalf of Henry N. Parsley, Jr Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(Brown, Katherine) (Entered: 08/25/2011)

08/29/2011

78 ORDER that Act 2011-535 [H.B. 56] is TEMPORARILY ENJOINED, and may not be executed or enforced. In entering this order the court speciﬁcally notes that it is in no way addressing the merits of the motions. The court will issue detailed Memorandum Opinions and Orders ruling on the merits of the pending Motions for Preliminary Injunction no later than September 28, 2011. This temporary injunction shall remain in effect until September 29, 2011, or until the court enters its rulings, whichever comes ﬁrst. Signed by Chief Judge Sharon Lovelace Blackburn on 8/29/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/29/2011)

08/30/2011

79 Transcript of Proceedings held on 8/24/2011, before Judge Sharon Lovelace Blackburn. Court Reporter/Transcriber Julie Martin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to ﬁle with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is ﬁled, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/20/2011. Redacted Transcript Deadline set for 9/30/2011. Release of Transcript Restriction set for 11/28/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11cv-02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 08/30/2011)

09/01/2011

80 ORDER for case management purposes and ease of appellate review; the 8/3/2011 order of consolidation is vacated; the parties shall ﬁle all future pleadings in the individual cases as appropriate. Signed by Chief Judge Sharon Lovelace Blackburn on 9/1/2011. Associated Cases: 5:11-cv-02484-SLB, 5:11-cv-02736-SLB, 5:11-cv-02746-SLB(KAM, ) (Entered: 09/01/2011)

09/08/2011

81 Evidentiary Material re:(70 in 5:11-cv-02746-SLB) Evidentiary Material,, Supplemental Submission. (Attachments: # 1 Exhibit A)Associated Cases: 5:11-cv-02736-SLB, 5:11-cv02746-SLB(Dowd, Augusta) (Entered: 09/08/2011)

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82 NOTICE of Appearance by Joshua Kerry Payne on behalf of Robert Bentley, Robert L. Broussard, Luther Strange (Payne, Joshua) (Entered: 09/20/2011)
83 MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 9/28/2011. (KAM, ) (Entered: 09/28/2011)
84 ORDER in accordance with the memo opn entered contemporaneously, denying 47 amended Motion for Preliminary Injunction requesting the court to enjoin H.B. 56 § 27 is DENIED. Plaintiffs Amended Motion forPreliminary Injunction as to H.B. 56 § 13 is rendered MOOT by the courts decision in 2:11-CV-2746-SLB which preliminarily enjoined H.B. 56 § 13 on the basis of preemption.. Signed by Chief Judge Sharon Lovelace Blackburn on 8/28/2011. (KAM, ) (Entered: 09/28/2011)
85 Joint MOTION to Stay (Joint Motion to Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint) by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. (Fairbanks, Misty) (Entered: 11/04/2011)
ORDER granting 85 Joint Motion to Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint. The parties are Directed to inform the court by January 12, 2012 of the status of the cross appeals in the related cases and update their respective positions regarding a brieﬁng schedule on the pending Motion to Dismiss. Signed by Chief Judge Sharon Lovelace Blackburn on 11-12-11. (Blackburn, Sharon) (Entered: 11/12/2011)
86 NOTICE of Appearance by R Cooper Shattuck on behalf of Robert Bentley (Shattuck, R) (Entered: 12/30/2011)
87 Joint MOTION to Stay (Joint Motion to Further Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint) by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. (Fairbanks, Misty) (Entered: 01/12/2012)
ORDER denying 42 State Defendants' Motion to Certify Question to the Supreme Court of Alabama. This denial is made with leave to reﬁle if appropriate following a ruling by the Eleventh Circuit Court of Appeals in the companion cases (5:11-cv-2484 and 5:11-cv2746). Signed by Chief Judge Sharon Lovelace Blackburn on 1/17/12. (Blackburn, Sharon) (Entered: 01/17/2012)
ORDER granting 87 Joint Motion to Stay the Fed. R. Civ. P 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint until after the Eleventh Circuit rules on the appeals and cross-appeals in the companion cases (5:11-cv-2484 and 5:11-cv-2746). Within 14 days of a ruling by the Eleventh Circuit on either of the above-referenced cases, the parties are directed to ﬁle a report with the court recommending further action in the case. Signed by Chief Judge Sharon Lovelace Blackburn on 1/17/12. (Blackburn, Sharon) (Entered: 01/17/2012)
88 MOTION to Withdraw as Attorney Prim F. Escalona by Robert Bentley, Robert L. Broussard, Luther Strange. (Escalona, Prim) (Entered: 06/01/2012)
ORDER granting 88 Motion to Withdraw as Attorney. Attorney Prim Formby Escalona terminated. Signed by Chief Judge Sharon Lovelace Blackburn on 06/01/2012. (SDB, ) (Entered: 06/01/2012)

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89 MOTION to Withdraw as Attorney by Robert Bentley, Robert L. Broussard, Luther Strange. (Payne, Joshua) (Entered: 08/13/2012)

08/13/2012

ORDER granting 89 Motion to Withdraw as Attorney. Attorney Joshua Kerry Payne terminated. Signed by Chief Judge Sharon Lovelace Blackburn on 08/13/2012. (SDB, ) (Entered: 08/13/2012)

08/29/2012

90 STATUS REPORT (Joint Report Requesting that the Court Further Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint) by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. ﬁled by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon (Messick, Misty) (Entered: 08/29/2012)

09/26/2012 91 MOTION to Withdraw as Attorney and Notice of Appearance by Robert Bentley. (Shattuck, R) (Entered: 09/26/2012)

11/27/2012

92 STATUS REPORT (Joint Report Requesting that the Court Further Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint) by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. ﬁled by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon (Messick, Misty) (Entered: 11/27/2012)

12/10/2012

93 ORDER granting 92 Status Report, ﬁled by Luther Strange, Robert Bentley, Henry N. Parsley, Jr., Benedictine Sisters of Cullman, Alabama, Inc, William H. Willimon, Benedictine Society of Alabama, Robert J. Baker, Robert L. Broussard, Thomas J. Rodi ; the parties shall inform the court of the recommendations for further proceedings in this case by 1/29/2013. Signed by Chief Judge Sharon Lovelace Blackburn on 12/10/2012. (KAM, ) (Entered: 12/10/2012)

01/25/2013

94 STATUS REPORT (Joint Report Requesting that the Court Further Stay the Fed. R. Civ. P. 26(f) Conference Requirements and Brieﬁng on the State Defendants' Motion to Dismiss the Second Amended Complaint) by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. ﬁled by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon (Messick, Misty) (Entered: 01/25/2013)

05/13/2013 95 STATUS REPORT Joint Status Report by Henry N. Parsley, Jr. ﬁled by Henry N. Parsley, Jr (Dowd, Augusta) (Entered: 05/13/2013)

08/22/2013

ORDER granting 91 Motion to Withdraw as Attorney. Attorney R Cooper Shattuck terminated. Signed by Chief Judge Sharon Lovelace Blackburn on 08-22-2013. (SDB) (Entered: 08/22/2013)

10/30/2013

96 Joint MOTION to Dismiss as Moot by Robert J. Baker, Benedictine Sisters of Cullman, Alabama, Inc, Benedictine Society of Alabama, Robert Bentley, Robert L. Broussard, Henry N. Parsley, Jr, Thomas J. Rodi, Luther Strange, William H. Willimon. (Neiman, John) (Entered: 10/30/2013)

11/25/2013

97 ORDER pursuant to the parties' motion to dismiss as moot; DISMISSING CASE without prejudice. Signed by Judge Sharon Lovelace Blackburn on 11/25/2013. (KAM, ) (Entered:

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