Case: Hedgepeth v. Davis

Hedgepeth v. Bentley

Hedgepeth v. Bentley

Hedgepeth v. Moore

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

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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)

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)

Service Notice issued 2/9/2015. Plaintiffs' Notice of Service Attempts due by 3/26/2015. (mab) (Entered: 02/09/2015)

NOTICE of Appearance by James W. Davis on behalf of Luther Strange, III (Davis, James) (Entered: 02/10/2015)

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Luther Strange, III (Howell, Laura) (Entered: 02/10/2015)

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)

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)

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)

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)

NOTICE of Appearance by Algert S. Agricola, Jr on behalf of Robert Bentley (Agricola, Algert) (Entered: 02/11/2015)

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)

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)

NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/12/2015)

NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/12/2015)

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)

MOTION to Dismiss for Lack of Jurisdiction with Memorandum of Law in support thereof by Robert Bentley. (Agricola, Algert) (Entered: 02/18/2015)

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)

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)

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)

MOTION to Dismiss Claims Against the Attorney General by Luther Strange, III. (Davis, James) (Entered: 02/24/2015)

NOTICE of Appearance by James Douglas McElvy on behalf of Roy Moore (McElvy, James) (Entered: 02/26/2015)

NOTICE of Appearance by Elizabeth C. Wible on behalf of Roy Moore (Wible, Elizabeth) (Entered: 02/26/2015)

Unopposed MOTION for Extension of Time for Responding to Complaint by Roy Moore. (McElvy, James) (Entered: 02/26/2015)

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)

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)

MOTION to Dismiss Complaint by Roy Moore. (McElvy, James) (Entered: 03/17/2015)

Brief filed by Roy Moore re 27 MOTION to Dismiss Complaint . (McElvy, James) (Entered: 03/17/2015)

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)

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)

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)

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)

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)

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)

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)

RESPONSE to 34 MOTION to Dismiss by Plaintiffs & Request to Dismiss With Prejudice filed by Roy Moore. (McElvy, James) (Entered: 04/02/2015)

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)

Document Referred

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)