Case: Say v. Adams

3:07-cv-00377 | U.S. District Court for the Western District of Kentucky

Filed Date: July 18, 2007

Closed Date: May 12, 2009

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Case Summary

On July 18, 2007, attorneys for the ACLU of Kentucky Foundation, Inc. and private counsel filed suit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 on behalf of a lawful permanent resident living in Kentucky, challenging a Kentucky statute, §1 KRS 237.110, which barred resident aliens from obtaining licenses to carry a concealed deadly weapon. Plaintiff alleged that the U.S. citizenship requirement of the concealed carry law violated equal protection. Pl…

Shortly after filing suit, plaintiff moved for a preliminary injunction, which the court granted on March 13, 2008. The following month, the defendant filed a Motion to Dismiss, arguing that the action was moot because the law had been amended to remove the citizenship requirement. On June 16, 2008, the court entered an order converting the preliminary injunction into a permanent injunction. The parties then disagreed about the awarding of attorney fees and costs. In March 2009, the court granted attorneys fees and costs to the plaintiffs, but did reduce the amount requested. This case was closed in May 2009.

Summary Authors

Elizabeth Daligga (7/3/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4268579/parties/say-v-adams/

Judge(s)

Attorney for Plaintiff

Foster, Patricia A. (Ohio)

Friedman, David A. (Kentucky)

Harrison, Jack B. (Ohio)

Attorney for Defendant

Lilly, N. Scott (Kentucky)

Lynn, Stephen D. (Kentucky)

Judge(s)

Russell, Thomas B. (Kentucky)

Attorney for Plaintiff

Foster, Patricia A. (Ohio)

Friedman, David A. (Kentucky)

Harrison, Jack B. (Ohio)

Razzaghi, Ali (Ohio)

Sharp, William E. (Kentucky)

Attorney for Defendant

Lilly, N. Scott (Kentucky)

Lynn, Stephen D. (Kentucky)

Wright, Roger G. (Kentucky)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:07-cv-00377	Docket (PACER) Say v. Adams	May 12, 2009	May 12, 2009 Docket
1 3:07-cv-00377	Verified Complaint	July 18, 2007	July 18, 2007 Complaint
4 3:07-cv-00377	Plaintiff's Motion for Preliminary Injunction	July 20, 2007	July 20, 2007 Pleading / Motion / Brief
21 3:07-cv-00377	Memorandum Opinion	March 13, 2008	March 13, 2008 Order/Opinion 2008 WL 718163
23 3:07-cv-00377	Motion to Dismiss	April 15, 2008	April 15, 2008 Pleading / Motion / Brief
30 3:07-cv-00377	Proposed Order	June 25, 2008	June 25, 2008 Order/Opinion
36 3:07-cv-00377	Memorandum Opinion	March 24, 2009	March 24, 2009 Order/Opinion 2009 WL 804994

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268579/say-v-adams/

Last updated Nov. 10, 2026, 9:57 p.m.

Docket for: Say v. Adams

ECF Number	Date	Description	Link
1	July 18, 2007	COMPLAINT against John Adams, John Aubrey Filing fee $ 350, receipt number 567622, filed by Alexander M. Say. (Attachments: # 1 Cover Sheet # 2 Summons John Adams# 3 Summons John Aubrey)(CSD) Additional attachment(s) added on 7/23/2007 (CSD). (Entered: 07/19/2007) 1 View on PACER 2 Cover Sheet View on PACER 3 Summons John Adams View on PACER 4 Summons John Aubrey View on PACER 5 Cover Sheet View on PACER	RECAP
2	July 18, 2007	Case Assignment (Random Selection): Case Assigned to Judge Thomas B. Russell. Magistrate designation: USMJ Dave Whalin. (CSD) (Entered: 07/19/2007)	RECAP
3	July 18, 2007	Summons Issued as to John Adams, John Aubrey. (Attachments: # 1 Summons Col. John Aubrey)(CSD) (Entered: 07/19/2007) 2 Summons Col. John Aubrey View on PACER	RECAP
4	July 20, 2007	MOTION for Preliminary Injunction by Alexander M. Say. Responses due by 8/7/2007 (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Harrison, Jack) (Entered: 07/20/2007) 1 Memorandum in Support View on PACER 2 Memorandum in Support View on PACER 3 Proposed Order View on PACER	RECAP
5	Aug. 1, 2007	SUMMONS Returned Executed by Alexander M. Say as to John Adams served on 7/23/2007, answer due 8/13/2007. (Attachments: # 1 Receipt)(Harrison, Jack) (Entered: 08/01/2007) 2 Receipt View on PACER	RECAP
6	Aug. 1, 2007	SUMMONS Returned Executed by Alexander M. Say as to John Aubrey served on 7/23/2007, answer due 8/13/2007. (Attachments: # 1 Receipt)(Harrison, Jack) (Entered: 08/01/2007) 2 Receipt View on PACER	RECAP
7	Aug. 6, 2007	ANSWER to Complaint by John Adams.(Wright, Roger) (Entered: 08/06/2007)	RECAP
8	Aug. 7, 2007	RESPONSE to Motion re 4 MOTION for Preliminary Injunction by John Adams. Replies due by 8/21/2007. (Attachments: # 1 Proposed Order)(Wright, Roger) (Entered: 08/07/2007) 1 View on PACER 2 Proposed Order View on PACER	RECAP
9	Aug. 21, 2007	REPLY re 8 Response to Motion in Support of Motion for Preliminary Injunction by Alexander M. Say. (Harrison, Jack) (Entered: 08/21/2007)	RECAP
	Aug. 21, 2007	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction by Alexander M. Say. (CSD) (SEE DN 9 FOR PDF) (Entered: 08/22/2007)	PACER
	Aug. 21, 2007	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction by Alexander M. Say. (CSD) (SEE DN 9 FOR PDF)
10	Sept. 26, 2007	ORDER by Judge Thomas B. Russell (EBOC) on 09/26/2007; Scheduling Conference set for 10/18/2007 09:15 AM EDT in Teleconference before Judge Thomas B. Russell.cc:Counsel (CSD) (Entered: 09/26/2007)	RECAP
11	Sept. 27, 2007	MOTION for Entry of Default as to Defendant Col. John Aubrey in his Official Capacity as Jefferson County Sheriff by Alexander M. Say.Responses due by 10/15/2007 (Attachments: # 1 Affidavit of Jack Harrison in Support of Request for Entry of Default by the Clerk) (Harrison, Jack) Modified on 9/28/2007 to correct motion relief(CSD). Additional attachment(s) added on 9/28/2007 (Debow, Carolyn). (Entered: 09/27/2007) 2 Affidavit of Jack Harrison in Support of Request for Entry of Default by the Cle View on PACER 3 Proposed Order View on PACER	RECAP
12	Sept. 28, 2007	ERROR: DOCUMENT SHOULD HAVE BEEN FILED AS ATTACHMENT; attached to DN 11 by Clerk (CSD). (Entered: 09/28/2007)	RECAP
13	Oct. 8, 2007	NOTICE by Alexander M. Say re 11 MOTION for Entry of Default to Withdraw Reqeust for Entry of Default By The Clerk (Harrison, Jack) (Entered: 10/08/2007)	RECAP
14	Oct. 9, 2007	ANSWER to Complaint by John Aubrey. (Lilly, N.) (Entered: 10/09/2007)	RECAP
15	Oct. 17, 2007	NOTICE of Appearance by William E. Sharp on behalf of Alexander M. Say (Sharp, William) (Entered: 10/17/2007)	RECAP
16	Oct. 17, 2007	REPORT of Rule 26(f) Planning Meeting by Alexander M. Say. (Harrison, Jack) (Entered: 10/17/2007)	RECAP
17	Oct. 18, 2007	NOTICE of Appearance by David A. Friedman on behalf of Alexander M. Say (Friedman, David) (Entered: 10/18/2007)	RECAP
18	Nov. 6, 2007	NOTICE by Alexander M. Say Certifying Compliance with Requirements of FRCP 5.1 Regarding Notice to Commonwealth Attorney General of Constitutional Challenge (Attachments: # 1 Exhibit Proof of Service on Kentucky Attorney General) (Harrison, Jack) (Entered: 11/06/2007) 2 Exhibit Proof of Service on Kentucky Attorney General View on PACER	RECAP
19	Nov. 19, 2007	NOTICE/ORDER by Judge Thomas B. Russell on 11/19/2007 re certification to the Attorney General of Kentucky. cc:Counsel, Attorney General of Kentucky (CSD) (Entered: 11/19/2007)	RECAP
20	Jan. 18, 2008	NOTICE by John Adams of Intent Not to Intervene (Cross, Jeffrey) (Entered: 01/18/2008)	RECAP
21	March 14, 2008	MEMORANDUM AND OPINION by Judge Thomas B. Russell on 03/13/2008;appropriate order shall issue.cc:counsel (CSD) (Entered: 03/14/2008)	RECAP
22	March 14, 2008	ORDER granting 4 Motion for Preliminary Injunction. Signed by Judge Thomas B. Russell on 03/13/2008. cc:counsel (CSD) (Entered: 03/14/2008)	RECAP
23	April 15, 2008	MOTION to Dismiss Action As Moot by Defendant John Adams Responses due by 5/5/2008 (Attachments: # 1 Proposed Order, # 2 Exhibit House Bill 639, # 3 Exhibit House Bill 639 Vote History) (Wright, Roger) (Entered: 04/15/2008) 2 Proposed Order View on PACER 3 Exhibit House Bill 639 View on PACER 4 Exhibit House Bill 639 Vote History View on PACER	RECAP
24	May 5, 2008	Proposed Agreed Order extending time to respond re 23 MOTION to Dismiss Action As Moot by Alexander M. Say, John Adams. (Friedman, David) Modified on 5/6/2008 to add "agreed" to docket text; e-filer advised of correct event (CSD). (Entered: 05/05/2008)	RECAP
25	May 13, 2008	ORDER by Judge Thomas B. Russell on 05/12/2008 extending time for plaintiff to file response re 23 MOTION to Dismiss Action As Moot to 6/4/2008.cc:counsel (CSD) (Entered: 05/13/2008)	RECAP
26	June 2, 2008	NOTICE by John Adams Offer Of Judgment (Attachments: # 1 Proposed Order) (Wright, Roger) (Entered: 06/02/2008) 2 Proposed Order View on PACER	RECAP
27	June 4, 2008	Proposed Agreed Order/Stipulation for supplemental extension by Alexander M. Say, John Adams. (Friedman, David) (Entered: 06/04/2008)	RECAP
28	June 9, 2008	AGREED ORDER by Judge Thomas B. Russell on 06/06/2008 extending deadline for plaintiff to respond re 23 MOTION to Dismiss to 6/16/2008)cc:counsel (CSD) (Entered: 06/09/2008)	RECAP
29	June 16, 2008	Joint MOTION for Permanent Injunction and to set fees briefing schedule by Plaintiff Alexander M. Say, Defendant John Adams Responses due by 7/7/2008 (Attachments: # 1 Proposed Order entering partial judgment and setting briefing schedule on fees) (Friedman, David) (Entered: 06/16/2008) 2 Proposed Order entering partial judgment and setting briefing schedule on fees View on PACER	RECAP
30	June 25, 2008	ORDER granting 29 Motion to convert preliminary injunction into Permanent Injunction; motion for atty fees due within 30 days. Signed by Judge Thomas B. Russell on 06/24/2008. cc:counsel (CSD) (Entered: 06/25/2008)	RECAP
31	July 24, 2008	MOTION for Attorney Fees and costs by Plaintiff Alexander M. Say Responses due by 8/11/2008 (Attachments: # 1 Memorandum in Support of fees and costs motion, # 2 Exhibit Ex. 1: Harrison affidavit and time and cost records, # 3 Exhibit Ex. 2: Foster affidavit and time records, # 4 Exhibit Ex. 3: Razzaghi affidavit and time records, # 5 Exhibit Ex. 4: Friedman declaration and time records, # 6 Exhibit Ex. 5: Sharp declaration and time records, # 7 Exhibit Ex. 6: Tachau declaration, # 8 Proposed Order awarding fees and costs) (Friedman, David) (Entered: 07/24/2008) 1 Memorandum in Support of fees and costs motion View on PACER 2 Memorandum in Support of fees and costs motion View on PACER 3 Exhibit Ex. 1: Harrison affidavit and time and cost records View on PACER 4 Exhibit Ex. 2: Foster affidavit and time records View on PACER 5 Exhibit Ex. 3: Razzaghi affidavit and time records View on PACER 6 Exhibit Ex. 4: Friedman declaration and time records View on PACER 7 Exhibit Ex. 5: Sharp declaration and time records View on PACER 8 Exhibit Ex. 6: Tachau declaration View on PACER 9 Proposed Order awarding fees and costs View on PACER	RECAP
32	Aug. 6, 2008	RESPONSE to Motion re 31 MOTION for Attorney Fees and costs In Partial Opposition filed by John Adams. Replies due by 8/20/2008. (Attachments: # 1 Proposed Order, # 2 Appendix Elliot v. Metropolitan Life Ins. Co., 2007 WL 4192001 (E.D.Ky. 2007), # 3 Appendix In Re Subpoena To Kasten, 2008 WL 1908755 (E.D.Ky. 2008), # 4 Appendix Texler v. County of Summit Bd. of Mental Retardation and Developmental Disabilities, 25 F.3d 1050 (6th Cir. 1994)(1994 WL 252938)) (Wright, Roger) (Entered: 08/06/2008) 2 Proposed Order View on PACER 3 Appendix Elliot v. Metropolitan Life Ins. Co., 2007 WL 4192001 (E.D.Ky. 2007) View on PACER 4 Appendix In Re Subpoena To Kasten, 2008 WL 1908755 (E.D.Ky. 2008) View on PACER 5 Appendix Texler v. County of Summit Bd. of Mental Retardation and Developmental View on PACER	RECAP
33	Aug. 20, 2008	Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Attorney Fees and costs, 32 Response to Motion,, by Plaintiff Alexander M. Say Responses due by 9/2/2008 (Attachments: # 1 Proposed Order) (Friedman, David) (Entered: 08/20/2008) 2 Proposed Order View on PACER	RECAP
34	Aug. 22, 2008	AGREED ORDER by Judge Thomas B. Russell on 8/21/08: Pla is granted an ext of time up to and including 8/25/08 to file reply brief in support of motion for attorneys' fees and costscc:counsel (KJS) (Entered: 08/22/2008)	RECAP
35	Aug. 26, 2008	REPLY to Response to Motion re 31 MOTION for Attorney Fees and costs filed by Alexander M. Say. (Attachments: # 1 Exhibit Declaration of David A. Friedman) (Friedman, David) (Entered: 08/26/2008) 2 Exhibit Declaration of David A. Friedman View on PACER	RECAP
36	March 25, 2009	MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 03/24/2009 re 31 MOTION for Attorney Fees and costs filed by Alexander M. Say; order to issue this date. cc:counsel (CSD) (Entered: 03/25/2009)	RECAP
37	March 25, 2009	ORDER granting in part and denying in part 31 Motion for Attorney Fees in the amount of $44,545.87. Signed by Chief Judge Thomas B. Russell on 03/24/2009. cc:counsel (CSD) (Entered: 03/25/2009)	RECAP
38	May 12, 2009	NOTICE Of Satisfaction Of Judgment by John Adams (Wright, Roger) (Entered: 05/12/2009)	RECAP

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Case Details

State / Territory:

Kentucky

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2007

Closing Date: May 12, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Resident alien challenging Kentucky statutory bar prohibiting resident aliens from obtaining permit to to carry a concealed deadly weapon (CCWD license).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Jefferson County

State