Case: Hedgepeth v. Davis

1:15-cv-00067 | U.S. District Court for the Southern District of Alabama

Filed Date: Feb. 9, 2015

Closed Date: 2015

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Case Summary

On February 9, 2015, the orders in Searcy v. Strange and Strawser v. Strange in this Clearinghouse, took effect: the ban on same-sex marriage was now illegal in Alabama, according to the federal courts. However, the Chief Justice of the Alabama Supreme Court, Roy Moore, strongly disagreed. He had sent an order to probate judges and state employees, threatening them with legal action by the governor, if they issued or recognized same-sex marriage licenses. The chief justice claimed that the fede…

Alabama's probate judges faced competing orders: the federal court's would allow same-sex marriage, but the chief justice's would not. The result was legal chaos. Some probate judges followed the federal court order and issued same-sex marriage licenses but most probate judges refused and many ceased issuing marriage licenses entirely, including the Mobile County Probate Court.

On February 9, 2015, the attorneys in Searcy v. Davis filed this lawsuit, in the U.S. District Court for the Southern District of Alabama, under 42 U.S.C. § 1983, on behalf of same-sex couples who were denied marriage licenses that day in Mobile County. The defendants were the Alabama Governor, Attorney General, Chief Justice, and various Mobile County officials. Plaintiffs claimed that their Fourteenth Amendment rights were being violated and they requested an emergency injunction commanding the defendants to issue marriage licenses.

On February 10, 2015, the District Court (Judge Callie V. S. Granade) denied the plaintiffs' request for immediate relief but invited them to participate in a preliminary injunction hearing, in Strawser, in two days time. On February 24, 2015, Judge Granade dismissed the Mobile County officials from the case, granting the stipulation for dismissal filed by plaintiffs and the county officials.

In response to the Strawser litigation, the plaintiffs eventually received their marriage licenses. As a result, on March 26, 2015, Judge Granade granted their motion to dismiss: the claims against the governor were dismissed with prejudice; but the claims against the attorney general and the chief justice would be dismissed without prejudice unless they filed an objection before April 2, which the chief justice did.

On April 2, 2015, Chief Justice Moore requested that the claims against him be dismissed with prejudice. On June 16, Moore withdrew his request to dismiss with prejudice, stating that the plaintiffs’ motion to dismiss was sufficient. As a result of this concession, Judge Granada dismissed the plaintiffs' complaints against Chief Justice Moore without prejudice on June 22, 2015.


1:15-cv-00067	Docket [PACER] Hedgepeth v. Bentley	June 22, 2015	June 22, 2015 Docket
1 1:15-cv-00067	Complaint And Request For Immediate Injunctive Relief	Feb. 9, 2015	Feb. 9, 2015 Complaint
7 1:15-cv-00067	Order	Feb. 10, 2015	Feb. 10, 2015 Order/Opinion
35 1:15-cv-00067	Order Hedgepeth v. Bentley	March 26, 2015	March 26, 2015 Order/Opinion
38 1:15-cv-00067	Order Hedgepeth v. Moore	June 22, 2015	June 22, 2015 Order/Opinion

ECF Number	Date	Description	Link
1	Feb. 9, 2015	COMPLAINT and Request For Immediate Injunctive Relief against All Defendants ( Filing fee $400 receipt number 1128-1696364, Online Credit Card Payment), filed by Deanna Ladnier, Tim Jan, Paula K. Hedgepeth, Wendy Smith, Deborah L. Presley, Kristy Simmons, Marshay Safford, France Stewart, III, Saran Sills, Breona Yett, Priscilla Coates, Jazmyn Hayes, Alice Fisher, Russell M. Wilson, Dandrick Cox. (Hernandez, Christine) (Additional attachment(s) added on 2/9/2015: # 1 Civil Cover Sheet) (mab). (Entered: 02/09/2015) 1 Civil Cover Sheet View on PACER	RECAP
2	Feb. 9, 2015	NOTICE of Filing Proposed Summons by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett (Hernandez, Christine) (Entered: 02/09/2015)	RECAP
3	Feb. 9, 2015	Summonses Issued as to Robert Bentley, Don Davis, C. Mark Erwin, Joe McEarchern, Jr, Roy Moore, Probate Court of Mobile County, Luther Strange, III. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) (Entered: 02/09/2015)	RECAP
4	Feb. 9, 2015	Service Notice issued 2/9/2015. Plaintiffs' Notice of Service Attempts due by 3/26/2015. (mab) (Entered: 02/09/2015)	RECAP
5	Feb. 10, 2015	NOTICE of Appearance by James W. Davis on behalf of Luther Strange, III (Davis, James) (Entered: 02/10/2015)	RECAP
6	Feb. 10, 2015	NOTICE of Appearance by Laura Elizabeth Howell on behalf of Luther Strange, III (Howell, Laura) (Entered: 02/10/2015)	RECAP
7	Feb. 10, 2015	Order re: request for immediate relief contained in Plfs' 1 Complaint. To the extent Plfs seek a TRO, the motion is DENIED as set out. Court will not consider a preliminary injunction until all of the dts have been notified. Court will allow counsel for Plfs to participate in preliminary injunction hrg set in Case No. 14-0424-CG-C on 2/12/15 at 1:00 p.m., as set out. Signed by Judge Callie V. S. Granade on 2/10/2015. (tot)	RECAP
8	Feb. 10, 2015	AFFIDAVIT of Service for Summons & Complaint served on Don Davis on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)	RECAP
9	Feb. 10, 2015	AFFIDAVIT of Service for Summons & Complaint served on Mark Erwin on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)	RECAP
10	Feb. 10, 2015	AFFIDAVIT of Service for Summons & Complaint served on Joe McEarchern, Jr. on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/10/2015)	RECAP
11	Feb. 11, 2015	NOTICE of Appearance by Algert S. Agricola, Jr on behalf of Robert Bentley (Agricola, Algert) (Entered: 02/11/2015)	RECAP
12	Feb. 11, 2015	AFFIDAVIT of Service for Summons & Complaint served on Roy Moore on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)	RECAP
13	Feb. 11, 2015	AFFIDAVIT of Service for Summons & Complaint served on Robert Bentley on 02/10/2015, filed by Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula K. Hedgepeth, Tim Jan, Deanna Ladnier, Deborah L. Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell M. Wilson, Breona Yett. (Hernandez, Christine) (Entered: 02/11/2015)	RECAP
14	Feb. 12, 2015	NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/12/2015)	RECAP
15	Feb. 12, 2015	NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/12/2015)	RECAP
16	Feb. 13, 2015	MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Kennedy, David) (Entered: 02/13/2015)	RECAP
17	Feb. 18, 2015	MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof by Robert Bentley. (Agricola, Algert) (Entered: 02/18/2015)	RECAP
18	Feb. 18, 2015	Order re: 17 MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof filed by Robert Bentley. Plaintiffs' response due by Defendant on 3/11/2015. Any reply due by 3/18/2015. Motion to be taken under submission on 3/19/2015. Signed by Magistrate Judge William E. Cassady on 2/18/2015. (mab) (Entered: 02/19/2015)	RECAP
19	Feb. 24, 2015	PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/6/2015. Signed by Magistrate Judge William E. Cassady on 2/24/2015. (Attachment: # 1 consent form) (mab) (Entered: 02/24/2015)	RECAP
20	Feb. 24, 2015	ORDER, GRANTING 16 Motion for Dismissal, and DISMISSING with prejudice plaintiffs' claims against Defendants Mobile County Probate Judge Don Davis, Joe McEarchern, Jr., and C. Mark Erwin in their individual and official capacities. Signed by Judge Callie V. S. Granade on 2/24/2015. (mab) (Entered: 02/24/2015)	RECAP
21	Feb. 24, 2015	MOTION to Dismiss Claims Against the Attorney General by Luther Strange, III. (Davis, James) (Entered: 02/24/2015)	RECAP
22	Feb. 26, 2015	NOTICE of Appearance by James Douglas McElvy on behalf of Roy Moore (McElvy, James) (Entered: 02/26/2015)	RECAP
23	Feb. 26, 2015	NOTICE of Appearance by Elizabeth C. Wible on behalf of Roy Moore (Wible, Elizabeth) (Entered: 02/26/2015)	RECAP
24	Feb. 26, 2015	Unopposed MOTION for Extension of Time for Responding to Complaint by Roy Moore. (McElvy, James) (Entered: 02/26/2015)	RECAP
25	Feb. 26, 2015	ENDORSED ORDER, GRANTING 24 MOTION by Chief Justice Roy S. Moore to Extend the Time for Responding to the Complaint. Response to complaint due from Chief Justice Roy Moore on 3/17/2015. Signed by Judge Callie V. S. Granade on 2/26/2015. (mab) (Entered: 02/26/2015)	RECAP
26	March 2, 2015	Order, re: 17 MOTION to Dismiss for Lack of Jurisdiction filed by Robert Bentley, and 21 MOTION to Dismiss Claims Against the Attorney General filed by Luther Strange, III. Plaintiffs' responses to motions due 3/19/2015. Any replies due from Defendants by 3/26/2015. Motions to be taken under submission on 3/27/2015. Style of case is now changed in that it only includes the names of the current defendants. Parties directed to use the appropriate style: Paula Kay Hedgepeth, et al., v. Robert Bentley, et al. Signed by Magistrate Judge William E. Cassady on 3/2/2015. (mab) (Entered: 03/02/2015)	RECAP
27	March 17, 2015	MOTION to Dismiss Complaint by Roy Moore. (McElvy, James) (Entered: 03/17/2015)	RECAP
28	March 17, 2015	Brief filed by Roy Moore re 27 MOTION to Dismiss Complaint . (McElvy, James) (Entered: 03/17/2015)	RECAP
29	March 18, 2015	MOTION for Herbert W. Titus to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1714117, Online Credit Card Payment.) by Roy Moore. (Titus, Herbert) (Entered: 03/18/2015)	RECAP
30	March 18, 2015	MOTION for William J. Olson to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1714123, Online Credit Card Payment.) by Roy Moore. (Olson, William) (Entered: 03/18/2015)	RECAP
32	March 19, 2015	Order re: 27 MOTION to Dismiss Complaint filed by Roy Moore. Plaintiffs' response due by 4/9/2015. Defendant's reply due by 4/16/2015. Motion to be taken under submission on 4/17/2015. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)	RECAP
31	March 20, 2015	ORDER, GRANTING motions for admission pro hac vice of Attorneys 29 Herbert William Titus and 30 William Jeffrey Olson. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (mab) (Entered: 03/20/2015)	RECAP
33	March 20, 2015	MOTION to Designate 17 Motion to Dismiss of Governor Robert Bentley as Unopposed and to Grant Motion, by Robert Bentley. (Agricola, Algert) (Entered: 03/20/2015)	RECAP
34	March 24, 2015	MOTION to Dismiss by Hilary Joe Baker, Priscilla Coates, Dandrick Cox, Alice Fisher, Jazmyn Hayes, Paula Kay Hedgepeth, Tim Jan, Deanna Ladnier, Deborah Lynn Presley, Marshay Safford, Saran Sills, Kristy Simmons, Wendy Smith, France Stewart, III, Russell Martin Wilson, Breona Yett. (Hernandez, Christine) (Entered: 03/24/2015)	RECAP
35	March 26, 2015	Order, GRANTING Plaintiffs' 34 Motion to dismiss with respect to Defendant Governor Robert Bentley, GRANTING Defendant's request for dismissal with prejudice, and DISMISSING with prejudice Plaintiffs' claims against Defendant Robert Bentley. Unless Defendants Attorney General Luther Strange, III and Chief Justice Roy Moore file objections to the Plaintiffs' 34 Motion to dismiss, on or before 4/2/2015, Plaintiffs' claims against said defendants will be dismissed without prejudice, and all pending motions will be deemed to be moot without further order from the court. Signed by Judge Callie V. S. Granade on 3/26/2015. (mab) (Entered: 03/27/2015)	RECAP
36	April 2, 2015	RESPONSE to 34 MOTION to Dismiss by Plaintiffs & Request to Dismiss With Prejudice filed by Roy Moore. (McElvy, James) (Entered: 04/02/2015)	RECAP
37	June 16, 2015	NOTICE of Withdrawal of 36 Request to Dismiss with Prejudice, filed by Roy Moore. (McElvy, James) Modified on 6/16/2015 (mab). (Entered: 06/16/2015)	RECAP
	June 16, 2015	Document Referred
38	June 22, 2015	ORDER, Plaintiffs' motion to dismiss (Doc. 34 ) is GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy Moore are hereby DISMISSED without prejudice. Signed by Judge Callie V. S. Granade on 6/22/2015. (mab)	RECAP

Case: Hedgepeth v. Davis

1:15-cv-00067 | U.S. District Court for the Southern District of Alabama

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Docket for: Hedgepeth v. Robert Bentley

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