Case: Edwards v. Cofield

3:17-cv-00321 | U.S. District Court for the Middle District of Alabama

Filed Date: May 18, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 18, 2017, a 29-year old pregnant army veteran filed this class action lawsuit in the United States District Court for the Middle District of Alabama. The plaintiff sued the Sheriff, Court Clerk, Court Magistrate, and District Court Judge of Randolph County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff, represented by Equal Justice Under Law, the ACLU, Civil Rights Corps, and Southern Poverty Law Center, sough declaratory and injunctive relief. She claimed that the county pra…

On May 18, 2017, a 29-year old pregnant army veteran filed this class action lawsuit in the United States District Court for the Middle District of Alabama. The plaintiff sued the Sheriff, Court Clerk, Court Magistrate, and District Court Judge of Randolph County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiff, represented by Equal Justice Under Law, the ACLU, Civil Rights Corps, and Southern Poverty Law Center, sough declaratory and injunctive relief. She claimed that the county practice of setting predetermined bail amounts without considering a person's flight risk, the danger they present to the community or whether the person can afford the bail, violated her Fourteenth Amendment rights. The plaintiff was arrested on May 17, 2017. She was not able to afford the $7,500 bail, and so she was told she would remain in jail until June 6, 2017.

The plaintiff also submitted a motion for a temporary restraining order, preliminary injunction, and class certification. The proposed class was defined as "all arrestees who are or who will be jailed in Randolph County who are unable to pay the secured monetary bail amount required for their release."

The same day that the plaintiff filed her complaints and motions, the court (Magistrate Judge Terry F. Moorer) granted her motion for a temporary restraining order releasing her from jail. Later documents in the case indicate that by the time Judge Moorer had granted the temporary restraining order, Grover Poole Bail Bonding Company had already issued a surety agreement to cover her bond. On May 24th, the defendant judge ordered this bond be converted into a personal recognizance signature bond - meaning the plaintiff would not have to make any payments to the bond company. Based on her release, Judge Watkins held the motion for a preliminary injunction was moot on May 25.

On June 1, 2017, Judge Watkins ordered mediation. As the mediation carried on, the defendants moved to dismiss the case arguing that the defendants had immunity and that the claims were moot because the plaintiff had been released. Judge Watkins denied these motions on July 14th, holding that they did not have immunity and that the controversy was not moot because it met the "capable of repetition, yet evading review" standard. 265 F. Supp. 3d 1344.

On September 8, 2017, defendant Randolph County District Court Judge issued a standing bond order providing that those who cannot afford to pay bonds are entitled to a bond hearing within 72 hours of arrest to "obviate the need for a preliminary injunction."

On December 5, 2017, Judge Grover ordered the parties to show cause as to why the case shouldn't be stayed pending resolution of Walker v. City of Calhoun (CJ-GA-0012), a similar Georgia case, by the 11th Circuit Court of Appeals.

On March 21, 2018, Judge Watkins declined to stay the case pending Walker, rejected plaintiff's motion for a preliminary injunction, and refused defendant's motion to dismiss the case as moot. Judge Watkins found that defendants had corrected many of the wrongs that a preliminary injunction could address in their September 8, 2017, except for the standing bond order. Moreover, Judge Watkins held that the plaintiff failed to established "a substantial likelihood of success" on her remaining claims that the Fourteenth Amendment to the United States Constitution requires procedural safeguards in bond hearings such as an attorney, the opportunity to present evidence, and clear and convincing evidence that pretrial detention is necessary. 301 F.Supp.3d 1136.

Nevertheless, Judge Watkins also found that defendants' new procedures did not render the case moot. The parties continued to dispute whether defendants' standing bond order passed constitutional muster and disagreed in particular over whether 72 hours was a permissible limit on detention without a bond hearing. Even if the new order was constitutionally adequate, it would not moot the case under a three-factor test from Flanigan's Enters., Inc., of Ga. v. City of Sandy Springs, because (1) "there do not appear to be any explanations independent of this litigation" for the order; (2) there is "some concern that Defendants...will revert to those prior practices" after the litigation; and (3) the changes consist only of "unilateral actions and statements" by one defendant. Therefore, Judge Watkins allowed the case to proceed.

On September 10, 2018, Judge Watkins approved plaintiff's class certification request under Fed. R. Civ. P. 23(a) and 23(b)(2):

  1. There are enough class members to make joining all of them in a single lawsuit impractical;
  2. Class members share common questions of law or fact;
  3. Plaintiff's claims are typical of the class;
  4. Plaintiff will adequately represent the class' interests; and
  5. Defendants have acted similarly towards all class members.

Judge Watkins also rejected defendants' proposal to create one class of arrestees who cannot afford bonds despite hearings and another of arrestees who cannot afford bonds and were jailed for at most 72 hours. 2018 WL 4323920.

On September 13, 2018, Judge Moorer was removed from the case, likely due to his elevation from magistrate judge to district judge for the Southern District of Alabama. Judge Gray M. Borden was assigned as the new magistrate judge. The case is ongoing.

The plaintiffs filed an amended complaint on October 28, 2018. This complaint added a fourth claim alleging a violation of the Sixth Amendment right to counsel and sought injunctive relief against the Sheriff and declaratory relief against all other defendants.

Discovery continued on the new complaint. Judge Watkins granted the defendant's motion to stay the case pending the Eleventh Circuit's decision in Hester v. Gentry, a factually similar case that occurred in a different Alabama county jail. Hester v. Gentry has not yet been decided; the case is ongoing.

Summary Authors

Gabriela Hybel (1/14/2018)

Timothy Leake (10/25/2018)

Ellen Aldin (6/7/2020)

Related Cases

Walker v. City of Calhoun, Northern District of Georgia (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6124836/parties/edwards-v-cofield/


Judge(s)

Doyle, Stephen Michael (Alabama)

Moorer, Terry Fitzgerald (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Boone, Brock (Alabama)

Brooke, Samuel (Alabama)

Buskey, Brandon (New York)

Hubbard, Katherine (District of Columbia)

Jordan, Alexandra Marie (Alabama)

Karakatsanis, Alec (District of Columbia)

Marshall, Randall C (Florida)

Judge(s)

Doyle, Stephen Michael (Alabama)

Moorer, Terry Fitzgerald (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Boone, Brock (Alabama)

Brooke, Samuel (Alabama)

Buskey, Brandon (New York)

Hubbard, Katherine (District of Columbia)

Jordan, Alexandra Marie (Alabama)

Karakatsanis, Alec (District of Columbia)

Marshall, Randall C (Florida)

Naramore, John W. (Alabama)

West, Micah (Alabama)

Woods, Andrea (New York)

Attorneys(s) for Defendant

Albritton, Benjamin Howard (Alabama)

Chynoweth, Brad A. (Alabama)

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Jamie Helen (Alabama)

McNeill, J Randall (Alabama)

Walker, Jordan Dorman (Alabama)

Webb, Kendrick E. (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

April 21, 2020 Docket
9

Order

2017 WL 2255775

May 18, 2017 Order/Opinion
1

Class Action Complaint

May 18, 2017 Complaint
49

Memorandum Opinion and Order

265 F.Supp.3d 134

July 14, 2017 Order/Opinion
67-1

Declaration of Judge Clay Tinney

Sept. 8, 2017 Declaration/Affidavit
97

Memorandum Opinion and Order

301 F.Supp.3d 1136

March 21, 2018 Order/Opinion
119

Memorandum Opinion and Order

2018 WL 4323920

Sept. 10, 2018 Order/Opinion
129

Plaintiff's Amended Complaint

Oct. 26, 2018 Complaint

Resources

Title Description External URL

Randolph County, AL: Bail

Civil Rights Corps

In May 2017, Civil Rights Corps filed a federal class action lawsuit challenging the unconstitutional money bail system in Randolph County, Alabama. Our client and named Plaintiff, Kandace Edwards, a… May 18, 2017 http://www.civilrightscorps.org/work/case/randolph-county-al-bail

Edwards v. Cofield

American Civil Liberties Union

The American Civil Liberties Union filed a lawsuit challenging Randolph County, Alabama’s practice of using money bail to detain people arrested for misdemeanors and felonies. The practice perpetuate… May 18, 2017 https://www.aclu.org/cases/edwards-v-cofield

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6124836/edwards-v-cofield/

Last updated May 12, 2022

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT against David Cofield, Christopher May, Jill Puckett, Clay Tinney (Filing fee $ 400.00 receipt number 4602045352.), filed by Kandace Kay Edwards. (Attachments: # 1 Receipt)(wcl, ) (Entered: 05/18/2017)

1 Receipt

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May 18, 2017 RECAP
2

MOTION for Temporary Restraining Order by Kandace Kay Edwards. (Attachments: # 1 Text of Proposed Order)(wcl, ) (Entered: 05/18/2017)

1 Text of Proposed Order

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May 18, 2017 PACER
3

MOTION for Preliminary Injunction by Kandace Kay Edwards. (Attachments: # 1 Text of Proposed Order)(wcl, ) (Entered: 05/18/2017)

1 Text of Proposed Order

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May 18, 2017 PACER
4

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order and 3 MOTION for Preliminary Injunction filed by Kandace Kay Edwards. (Attachments: # 1 Declaration of Edwards, # 2 Declaration of Wood, # 3 Declaration of West, # 4 Table of Exhibits, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II, # 40 Exhibit JJ, # 41 Exhibit KK, # 42 Exhibit LL, # 43 Exhibit MM, # 44 Exhibit NN, # 45 Exhibit OO, # 46 Exhibit PP, # 47 Exhibit QQ, # 48 Exhibit RR, # 49 Exhibit SS) (wcl, ) (Entered: 05/18/2017)

1 Declaration of Edwards

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2 Declaration of Wood

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3 Declaration of West

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4 Table of Exhibits

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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10 Exhibit F

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11 Exhibit G

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12 Exhibit H

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13 Exhibit I

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14 Exhibit J

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15 Exhibit K

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16 Exhibit L

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17 Exhibit M

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18 Exhibit N

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19 Exhibit O

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20 Exhibit P

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21 Exhibit Q

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22 Exhibit R

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23 Exhibit S

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24 Exhibit T

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25 Exhibit U

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26 Exhibit V

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27 Exhibit W

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28 Exhibit X

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29 Exhibit Y

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30 Exhibit Z

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31 Exhibit AA

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32 Exhibit BB

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33 Exhibit CC

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34 Exhibit DD

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35 Exhibit EE

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36 Exhibit FF

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37 Exhibit GG

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38 Exhibit HH

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39 Exhibit II

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40 Exhibit JJ

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41 Exhibit KK

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42 Exhibit LL

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43 Exhibit MM

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44 Exhibit NN

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45 Exhibit OO

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46 Exhibit PP

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47 Exhibit QQ

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48 Exhibit RR

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49 Exhibit SS

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May 18, 2017 RECAP
5

MOTION for Class Certification by Kandace Kay Edwards. (Attachments: # 1 Text of Proposed Order) (wcl, ) (Entered: 05/18/2017)

1 Text of Proposed Order

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May 18, 2017 PACER
6

MEMORANDUM in Support re 5 MOTION for Class Certification filed by Kandace Kay Edwards. (Attachments: # 1 Declaration of Edwards, # 2 Declaration of Wood, # 3 Declaration of West, # 4 Table of Exhibits, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II, # 40 Exhibit JJ, # 41 Exhibit KK, # 42 Exhibit LL, # 43 Exhibit MM, # 44 Exhibit NN, # 45 Exhibit OO, # 46 Exhibit PP, # 47 Exhibit QQ, # 48 Exhibit RR, # 49 Exhibit SS, # 50 Declaration of Brooke, # 51 Declaration of Karakatsanis, # 52 Declaration of Buskey)(wcl, ) (Entered: 05/18/2017)

1 Declaration of Edwards

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2 Declaration of Wood

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3 Declaration of West

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4 Table of Exhibits

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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10 Exhibit F

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11 Exhibit G

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12 Exhibit H

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13 Exhibit I

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14 Exhibit J

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15 Exhibit K

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16 Exhibit L

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17 Exhibit M

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18 Exhibit N

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19 Exhibit O

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20 Exhibit P

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21 Exhibit Q

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22 Exhibit R

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23 Exhibit S

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24 Exhibit T

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25 Exhibit U

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26 Exhibit V

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27 Exhibit W

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28 Exhibit X

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29 Exhibit Y

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30 Exhibit Z

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31 Exhibit AA

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32 Exhibit BB

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33 Exhibit CC

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34 Exhibit DD

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35 Exhibit EE

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36 Exhibit FF

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37 Exhibit GG

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38 Exhibit HH

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39 Exhibit II

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40 Exhibit JJ

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41 Exhibit KK

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42 Exhibit LL

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43 Exhibit MM

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44 Exhibit NN

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45 Exhibit OO

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46 Exhibit PP

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47 Exhibit QQ

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48 Exhibit RR

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49 Exhibit SS

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50 Declaration of Brooke

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51 Declaration of Karakatsanis

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52 Declaration of Buskey

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May 18, 2017 PACER
7

Summons Issued as to David Cofield, Christopher May, Jill Puckett, Clay Tinney and returned to counsel for personal service by process server. (wcl, ) (Entered: 05/18/2017)

May 18, 2017 PACER
8

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kandace Kay Edwards; Corporate Disclosures due by 5/29/2017. (Attachments: # 1 Corporate/Conflict Disclosure Attachment)(wcl, ) (Entered: 05/18/2017)

1 Corporate/Conflict Disclosure Attachment

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May 18, 2017 PACER
9

ORDER: it is ORDERED that: 1) The 2 motion for a temporary restraining order is GRANTED; 2) Dfts are ENJOINED from continuing to jail Plf based solely on her inability to pay a secured monetary amount as a condition of release; 3) A telephonic hearing to determine whether to convert this temporary restraining order into a preliminary injunction, so long as it is still necessary, is SET for 5/26/2017, at 1:00 PM. Plf is DIRECTED to set up the conference call and shall contact chambers by 10:00 AM that morning for further instructions; 4) Dfts are ORDERED to file a response to the arguments contained in Plf's motions on or before 5/25/2017, at 12:00 PM; and 5) Plf is DIRECTED to serve a copy of this order on Dfts instanter. Signed by Chief Judge William Keith Watkins on 5/18/2017. (furn: calendar, ar) (wcl, ) (Entered: 05/18/2017)

May 18, 2017 PACER
10

AFFIDAVIT of Service for Complaint and Summons and other initial filings served on David Cofield on May 18, 2017, filed by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 05/19/2017)

May 19, 2017 PACER
11

AFFIDAVIT of Service for Complaint and Summons and other initial filings served on Christopher May on May 18, 2017, filed by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 05/19/2017)

May 19, 2017 PACER
12

AFFIDAVIT of Service for Complaint and Summons and other initial filings served on Jill Puckett on May 18, 2017, filed by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 05/19/2017)

May 19, 2017 PACER
13

AFFIDAVIT of Service for Complaint and Summons and other initial filings served on Clay Tinney on May 18, 2017, filed by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 05/19/2017)

May 19, 2017 PACER
14

Corporate/Conflict Disclosure Statement by Kandace Kay Edwards re 8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Brooke, Samuel) (Entered: 05/19/2017)

May 19, 2017 PACER
15

Motion for Katherine Hubbard to Appear Pro Hac Vice by Kandace Kay Edwards. (Attachments: # 1 Exhibit - Certificate of Good Standing)(Brooke, Samuel) Modified on 5/25/2017 to add the attorney's name (kh, ). (Entered: 05/19/2017)

1 Exhibit - Certificate of Good Standing

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May 19, 2017 PACER
16

Motion for Alec Karakatsanis to Appear Pro Hac Vice by Kandace Kay Edwards. (Attachments: # 1 Exhibit - Certificate of Good Standing)(Brooke, Samuel) Modified on 5/25/2017 to add the attorney's name (kh, ). (Entered: 05/19/2017)

1 Exhibit - Certificate of Good Standing

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May 19, 2017 PACER

SUMMONS Returned Executed by Kandace Kay Edwards. David Cofield served on 5/18/2017, answer due 6/8/2017. Attorney used the incorrect event code. (no pdf document attached to this entry - see docket entry 10 for pdf)(kh, )

May 19, 2017 PACER

SUMMONS Returned Executed by Kandace Kay Edwards. Christopher May served on 5/18/2017, answer due 6/8/2017. Attorney used the incorrect event code. (no pdf document attached to this entry - see docket entry 11 for pdf)(kh, )

May 19, 2017 PACER

SUMMONS Returned Executed by Kandace Kay Edwards. Jill Puckett served on 5/18/2017, answer due 6/8/2017. Attorney used the incorrect event code. (no pdf document attached to this entry - see docket entry 12 for pdf)(kh, )

May 19, 2017 PACER

SUMMONS Returned Executed by Kandace Kay Edwards. Clay Tinney served on 5/18/2017, answer due 6/8/2017. Attorney used the incorrect event code. (no pdf document attached to this entry - see docket entry 13 for pdf)(kh, )

May 19, 2017 PACER
17

NOTICE by Kandace Kay Edwards re 9 Temporary Restraining Order, Terminate Motions, Order Setting Hearing on Motion,,,,,,,,, Notice of Service of TRO (Brooke, Samuel) (Entered: 05/22/2017)

May 22, 2017 PACER
18

NOTICE of Appearance by Jamie Helen Kidd on behalf of David Cofield (Kidd, Jamie) (Entered: 05/23/2017)

May 23, 2017 PACER
19

Corporate/Conflict Disclosure Statement by David Cofield. (Kidd, Jamie) (Entered: 05/23/2017)

May 23, 2017 PACER
20

Pro Hac Vice Filing fee received re: 15 Motion for Katherine Hubbard to Appear Pro Hac Vice $ 50.00, receipt number 4602045407 (kh, ) . (Entered: 05/25/2017)

May 24, 2017 PACER
21

Pro Hac Vice Filing fee received re: 16 Motion for Alec Karakatsanis to Appear Pro Hac Vice $ 50.00, receipt number 4602045408 (kh, ) (Entered: 05/25/2017)

May 24, 2017 PACER
22

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by Christopher May, Jill Puckett, Clay Tinney. (Attachments: # 1 Exhibit A - Judge Tinney's 5/24/2017 Order)(Albritton, Benjamin) (Entered: 05/25/2017)

1 Exhibit A - Judge Tinney's 5/24/2017 Order

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May 25, 2017 PACER
23

NOTICE of Appearance by Benjamin Howard Albritton on behalf of Christopher May, Jill Puckett, Clay Tinney (Albritton, Benjamin) (Entered: 05/25/2017)

May 25, 2017 PACER
24

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order filed by David Cofield. (Kidd, Jamie) (Entered: 05/25/2017)

May 25, 2017 PACER
25

REPLY BRIEF re 22 Response to Motion, 24 Response to Motion for Temporary Restraining Order and Preliminary Injunction filed by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 05/25/2017)

May 25, 2017 RECAP
26

ORDER: Upon consideration of Defendants' Responses to Plaintiff's Motion for Preliminary Injunction (Docs. # 22, 24 ) and Plaintiff's Reply (Doc. # 25 ), it is ORDERED that the hearing, set for May 26, 2017, at 1:00 p.m., is CANCELED. Signed by Chief Judge William Keith Watkins on 5/25/2017. (furn: calendar, ar)(kh, ) (Entered: 05/25/2017)

May 25, 2017 PACER
27

TEXT ORDER granting 15 Motion for Katherine Hubbard to Appear Pro Hac Vice; granting 16 Motion for Alec Karakatsanis to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 5/25/2017. (no pdf document attached to this entry) (kh, ) (Entered: 05/25/2017)

May 25, 2017 PACER
28

ORDERED as follows: 1. The parties shall participate in a face-to-face mediation on or before June 30, 2017, and notify the court telephonically on or before July 7, 2017, as to the result of the mediation. 2. The motion will be submitted without oral argument on June 23, 2017. It is further ORDERED that Defendants file a response to Plaintiffs motion, which shall include a brief supporting their position, on or before June 16, 2017. Plaintiff may file a reply brief on or before June 23, 2017, as further set out on order. Signed by Chief Judge William Keith Watkins on 6/1/2017. (kh, ) (Entered: 06/01/2017)

June 1, 2017 PACER
29

ORDER setting a Mediation hearing on 6/26/2017 @ 02:00 PM before Honorable Judge Susan Russ Walker, in Courtroom 5-B, FMJ US Courthouse Complex, Montgomery, AL; further ORDERING that counsel and the parties or a representative with full authority to settle the case, shall appear at and attend the mediation hearing, as further set out in order; On or before the close of business on Monday, 6/19/2017, each party shall provide the undersigned magistrate judge with a confidential mediation statement. The statement should not be filed with the clerk's office and should not be served on the other parties, as further set out in order. Signed by Honorable Judge Susan Russ Walker on 6/8/17. Furnished to calendar group & JT.(djy, ) (Entered: 06/08/2017)

June 8, 2017 PACER
30

MOTION to Dismiss by David Cofield. (Kidd, Jamie) (Entered: 06/08/2017)

June 8, 2017 RECAP
31

ORDER directing that defendants' deadline to file their response to the 3 motion for preliminary injunction is extended from 6/16/2017, to and including 6/30/2017; plfs amy file a Reply Brief on or before 7/7/2017, at which time the motion will be submitted, as further set out in order. Signed by Chief Judge William Keith Watkins on 6/13/17. (djy, ) (Entered: 06/13/2017)

June 13, 2017 RECAP
32

MOTION for Extension of Time to File Confidential Mediation Statements (Unopposed) by Christopher May, Jill Puckett, Clay Tinney. (Albritton, Benjamin) (Entered: 06/16/2017)

June 16, 2017 PACER
33

TEXT ORDER granting 32 Motion for Extension of Time to File Confidential Mediation Statements. Signed by Honorable Judge Susan Russ Walker on 6/19/2017. (no pdf document attached to this entry)(kh, ) (Entered: 06/19/2017)

June 19, 2017 PACER
34

MOTION for Counsel to Appear Telephonically and for Plaintiff to be Excused from Attending Mediation Hearing (UNOPPOSED) by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 06/20/2017)

June 20, 2017 PACER
35

TEXT ORDER: Plaintiff's motion for counsel to appear telephonically and for plaintiff to be excused from attending mediation hearing (Doc. 34 ) is hereby set for a hearing by telephone before the undersigned at 9:30 a.m. on Thursday, June 22, 2017. Plaintiff's counsel is directed to initiate the call and contact chambers at 334.954.3670 once all participating counsel are present on the line. Signed by Honorable Judge Susan Russ Walker on 6/21/2017. (furn: JT, Calendar) (no pdf document attached to this entry)(kh, ) (Entered: 06/21/2017)

June 21, 2017 PACER
36

MOTION for Extension of Deadline Briefing Deadlines and to Contnue Mediation by Christopher May, Jill Puckett, Clay Tinney. (Albritton, Benjamin) (Entered: 06/21/2017)

June 21, 2017 PACER
37

TEXT ORDER: In light of defendants' pending motion to continue the mediation conference (Doc. 36 ), the court's order setting a hearing by telephone on plaintiff's motion to participate in mediation by telephone (Doc. 35 ) is hereby VACATED. The hearing will be reset by separate order. Signed by Honorable Judge Susan Russ Walker on 6/22/2017. (no pdf document attached to this entry)(kh, ) (Entered: 06/22/2017)

June 22, 2017 PACER
38

NOTICE of Appearance by Brock Boone on behalf of Kandace Kay Edwards (Boone, Brock) (Entered: 06/22/2017)

June 22, 2017 PACER
39

MOTION to Expedite Briefing Schedule and, MOTION for Hearing re 3 MOTION for Preliminary Injunction, 5 MOTION to Certify Class, MOTION Response in Opposition to re 36 MOTION for Extension of Deadline Briefing Deadlines and to Contnue Mediation, MOTION for Order Requiring Defendants to Respond to Complaint by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 06/22/2017)

June 22, 2017 PACER
40

ORDER: For good cause, it is ORDERED that the mediation scheduled for Monday, June 26, 2017, and the parties' deadline for filing mediation statements, are continued generally pending resolution of the parties' motions (Doc. 36 and Doc. 39 ). Signed by Honorable Judge Susan Russ Walker on 6/23/2017. (furn: JT, Calendar)(kh, ) (Entered: 06/23/2017)

June 23, 2017 PACER
41

ORDERED as follows: 1. Defendants' Motion to Continue Briefing Deadlines (Doc. # 36 ) is DENIED. The briefing schedule set by the court in its June 13, 2017 Order (Doc. # 31 ) remains in effect; 2. Defendants' Motion to Continue Mediation for 60 days (Doc. # 36 ) is GRANTED in part, and the previously ordered mediation is CONTINUED indefinitely until further order of the court; 3. Plaintiff's Motion to Order Defendants Tinney, May, and Puckett to Respond to the Complaint (Doc. # 39 ) is GRANTED, and Defendants Tinney, May and Puckett are ORDERED to file a responsive pleading on or before July 11, 2017; and 4. Plaintiff's Motion to Set an Expedited Briefing Schedule and Hearing on Plaintiff's pending motions for a preliminary injunction and for class certification (Doc. # 39 ) is DENIED. The court will set the briefing schedule for both motions after the parties have briefed the mootness issue. Signed by Chief Judge William Keith Watkins on 6/28/2017.(kh, ) (Entered: 06/28/2017)

June 28, 2017 PACER
42

RESPONSE in Opposition re 30 MOTION to Dismiss of Defendant David Cofield filed by Kandace Kay Edwards. (West, Micah) (Entered: 06/29/2017)

June 29, 2017 PACER
43

RESPONSE to Motion re 39 MOTION to Expedite Briefing Schedule and MOTION for Hearing re 3 MOTION for Preliminary Injunction, 5 MOTION to Certify Class MOTION Response in Opposition to re 36 MOTION for Extension of Deadline Briefing Deadlines and to Contnue Mediation MOTION for Order Requiring Defendants to Respond to Complaint filed by David Cofield. (Kidd, Jamie) (Entered: 06/29/2017)

June 29, 2017 PACER
44

Response to Order re 31 Order, Set Deadlines,, Judicial Defendants' Response to Court's Order Addressing Issues on Plaintiff's Motion for Preliminary Injunction by Christopher May, Jill Puckett, Clay Tinney. (Albritton, Benjamin) (Entered: 06/30/2017)

June 30, 2017 RECAP
45

REPLY BRIEF re 31 Order, Set Deadlines,, for briefing on motion for preliminary injunction filed by Kandace Kay Edwards. (Attachments: # 1 Affidavit - Declaration of Kandace Edwards, # 2 Affidavit - Declaration of Micah West)(West, Micah) (Entered: 07/07/2017)

1 Affidavit - Declaration of Kandace Edwards

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2 Affidavit - Declaration of Micah West

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July 7, 2017 PACER
46

MOTION to Dismiss ( Motion to Dismiss and Answer) by Christopher May, Jill Puckett, Clay Tinney. (Albritton, Benjamin) (Entered: 07/11/2017)

July 11, 2017 RECAP

ANSWER to 1 Complaint by Christopher May, Jill Puckett, Clay Tinney.(no pdf document attached to this entry - docket entry 46 for pdf)(kh, )

July 11, 2017 PACER
47

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Christopher May, Jill Puckett and Clay Tinney Corporate Disclosures due by 7/24/2017. (Attachments: # 1 Corporate/Conflict Attachment)(kh, ) (Entered: 07/12/2017)

1 Corporate/Conflict Attachment

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July 12, 2017 PACER
48

Corporate/Conflict Disclosure Statement by Christopher May, Jill Puckett, Clay Tinney re 47 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Albritton, Benjamin) Modified on 7/13/2017to correct the docket entry relationship(kh, ). (Entered: 07/12/2017)

July 12, 2017 PACER
49

MEMORANDUM OPINION AND ORDER: Accordingly, it is ORDERED that Defendant Cofield's Motion to Dismiss (Doc. # 30 ) is DENIED, and that Defendant Cofield shall file an answer to the complaint on or before July 28, 2017. It is further ORDERED that the other Defendants Motion to Dismiss (Doc. # 46 ) is also DENIED. Signed by Chief Judge William Keith Watkins on 7/14/2017. (kh, ) (Entered: 07/14/2017)

July 14, 2017 RECAP
50

ORDER: In view of the court's recent resolution of Defendants' motions to dismiss (Docs. # 30, 46 ), which decided that Plaintiffs claims are not moot, it is ORDERED that, on or before July 28, 2017, Defendants shall file a supplemental brief explaining whether their positions have changed as to Plaintiff's motion for a preliminary injunction. Plaintiff may file a reply brief on or before August 4, 2017. Signed by Chief Judge William Keith Watkins on 7/14/2017. (kh, ) (Entered: 07/14/2017)

July 14, 2017 RECAP
51

NOTICE of Appearance by Jordan Dorman Walker, Jr on behalf of Christopher May, Jill Puckett, Clay Tinney (Walker, Jordan) (Entered: 07/19/2017)

July 19, 2017 PACER

Case reassigned to Honorable Judge Terry F. Moorer as referral judge. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge (NO PDF document attached to this notice). (djy, )

July 20, 2017 PACER
52

Motion for Andrea Woods to Appear Pro Hac Vice by Kandace Kay Edwards. (Attachments: # 1 Exhibit Certificate of Good Standing)(Brooke, Samuel) Modified on 7/26/2017 to add the atty's name (kh, ). (Entered: 07/26/2017)

1 Exhibit Certificate of Good Standing

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July 26, 2017 PACER
53

MOTION for Extension of Time to File Response (Unopposed) by Christopher May, Jill Puckett, Clay Tinney. (Walker, Jordan) (Entered: 07/27/2017)

July 27, 2017 PACER

***Attorney Andrea Woods for Kandace Kay Edwards added pursuant to the 52 motion. (kh, )

July 27, 2017 PACER
54

ORDER: Upon consideration of Defendants' 53 Unopposed Motion for a One-Week Extension, it is ORDERED that the motion is GRANTED and that the Defendants shall file their supplemental brief, as detailed in the court's previous 50 Order, on or before 8/4/2017. Plaintiff may file a reply brief on or before 8/11/2017. Signed by Chief Judge William Keith Watkins on 7/28/2017. (dmn, ) (Entered: 07/28/2017)

July 28, 2017 PACER
55

ORDER: Pending before the Court is Plaintiff's Unopposed Motion for Counsel to Appear Telephonically and for Plaintiff to be Excused from Attending Mediation Hearing (Doc. 34, filed 6/20/17). In light of the cancelled mediation hearing and the reassignment of referral magistrate judge, it is ORDERED that the motion is DENIED as moot. Plaintiff may renew the request if needed at a later time. Signed by Honorable Judge Terry F. Moorer on 7/31/2017. (kh, ) . (Entered: 07/31/2017)

July 31, 2017 PACER
56

MOTION for Extension of Time to File Answer re 1 Complaint by David Cofield. (Kidd, Jamie) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
57

Pro Hac Vice Filing fee received re: 52 Motion for Andrea Woods to Appear Pro Hac Vice: $ 50.00, receipt number 4602046215 (kh, ) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
58

TEXT ORDER granting 52 Motion for Andrea Woods to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 8/2/2017. (no pdf document attached to this entry)(kh, ) (Entered: 08/02/2017)

Aug. 2, 2017 PACER
59

RESPONSE to Motion re 56 MOTION for Extension of Time to File Answer re 1 Complaint filed by Christopher May, Jill Puckett, Clay Tinney. (Walker, Jordan) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
60

ORDERED that the motion is GRANTED and that Defendants shall file their supplemental briefs, as detailed in the court's previous Order (Doc. # 50 ), on or before August 11, 2017. Plaintiff may file a reply brief on or before August 18, 2017. Signed by Chief Judge William Keith Watkins on 8/9/2017. (kh, ) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
61

MOTION for Extension of Time to File Response by Christopher May, Jill Puckett, Clay Tinney. (Walker, Jordan) (Entered: 08/11/2017)

Aug. 11, 2017 PACER
62

TEXT ORDER granting 61 Motion for Extension of Time to File a Response. The deadline in the court's August 9 order (Doc. # 60 ) for Defendants to file supplemental briefs is extended to August 18, 2017. The deadline for Plaintiff's reply brief is extended to August 25, 2017. Signed by Chief Judge William Keith Watkins on 8/15/2017. (no pdf document attached to this entry)(kh, ) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
63

MOTION for Extension of Deadline (Unopposed) by Christopher May, Jill Puckett, Clay Tinney. (Walker, Jordan) (Entered: 08/18/2017)

Aug. 18, 2017 PACER

***Attorney James William Davis, Laura Elizabeth Howell, and Brad A. Chynoweth for Christopher May, Jill Puckett, and Clay Tinney added pursuant to the 63 motion. (No pdf attached to this entry) (wcl, )

Aug. 18, 2017 PACER
64

TET ORDER granting 63 Motion for Extension of Deadline. The deadline in the court's August 15 order (Doc. # 62 ) for Defendants to file supplemental briefs is extended to August 25, 2017. The deadline for Plaintiff's reply brief is extended to September 1, 2017. Signed by Chief Judge William Keith Watkins on 8/21/2017. (no pdf document attached to this entry) (kh, ) (Entered: 08/21/2017)

Aug. 21, 2017 PACER
65

MOTION for Extension of Deadline File Response (Unopposed) by Christopher May, Jill Puckett, Clay Tinney. (Walker, Jordan) (Entered: 08/25/2017)

Aug. 25, 2017 PACER
66

TEXT ORDER granting 65 Motion for Extension of Deadline. The deadline in the court's August 21 order (Doc. # 64 ) for Defendants to file supplemental briefs is extended to September 8, 2017. The deadline for Plaintiff's reply brief is extended to September 15, 2017. Signed by Chief Judge William Keith Watkins on 8/28/2017. (no pdf document attached to this entry)(kh, ) (Entered: 08/28/2017)

Aug. 28, 2017 PACER
67

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction (and Motion to Dismiss for Lack of Subject Matter Jurisdiction) filed by Christopher May, Jill Puckett, Clay Tinney. (Attachments: # 1 Exhibit 1 - Tinney Declaration)(Chynoweth, Brad) (Entered: 09/08/2017)

1 Exhibit 1 - Tinney Declaration

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Sept. 8, 2017 PACER
68

ANSWER to 1 Complaint by David Cofield.(Kidd, Jamie) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
69

MOTION to Dismiss by David Cofield. (Kidd, Jamie) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
70

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by David Cofield. (Kidd, Jamie) (Entered: 09/08/2017)

Sept. 8, 2017 PACER

MOTION to Dismiss for Lack of Jurisdiction by Christopher May, Jill Puckett, Clay Tinney. (no pdf document attached to this entry - see docket entry 67 for pdf)(kh, )

Sept. 8, 2017 PACER
71

MOTION to Withdraw 69 MOTION to Dismiss by David Cofield. (Kidd, Jamie) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
72

MOTION for Extension of Time to File Response/Reply as to 70 Response to Motion, 67 Response in Opposition to Motion, (UNOPPOSED) by Kandace Kay Edwards. (Brooke, Samuel) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
73

TEXT ORDER: Upon consideration of Defendant David Cofield's Unopposed Motion to Withdraw (Doc. # 71 ), it is ORDERED that the motion is GRANTED to the extent that Cofield's Motion to Dismiss (Doc. # 69 ) is DENIED as moot. Signed by Chief Judge William Keith Watkins on 9/14/2017. (no pdf document attached to this entry)(kh, ) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
74

TEXT ORDER granting 72 Motion for Extension of Time to File Response/Reply. The deadline in the court's August 28 order (Doc. # 66 ) for Plaintiff to file a reply brief is extended to September 22, 2017. Signed by Chief Judge William Keith Watkins on 9/14/2017. (no pdf document attached to this entry)(kh, ) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
75

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Kandace Kay Edwards. (Attachments: # 1 Affidavit of Micah West, # 2 Exhibit TT, # 3 Exhibit UU, # 4 Exhibit VV)(West, Micah) (Entered: 09/22/2017)

1 Affidavit of Micah West

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2 Exhibit TT

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3 Exhibit UU

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4 Exhibit VV

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Sept. 22, 2017 PACER
76

MOTION to Substitute re 4 BRIEF/MEMORANDUM in Support,,,, (UNOPPOSED) by Kandace Kay Edwards. (Attachments: # 1 Exhibit - Proposed Substitute Brief)(Brooke, Samuel) (Entered: 09/26/2017)

1 Exhibit - Proposed Substitute Brief

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Sept. 26, 2017 PACER
77

MOTION for Leave to File Supplemental Authority (UNOPPOSED) by Kandace Kay Edwards. (Attachments: # 1 Supplement Notice of Supplemental Authority)(West, Micah) (Entered: 09/29/2017)

1 Supplement Notice of Supplemental Authority

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Sept. 29, 2017 PACER
78

TEXT ORDER granting 77 Motion for Leave to File Supplemental Authority. Signed by Chief Judge William Keith Watkins on 10/2/2017. (no pdf document attached to this entry)(kh, ) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
79

TEXT ORDER granting 76 Motion to Substitute 4 Brief. Signed by Chief Judge William Keith Watkins on 10/2/2017. (no pdf document attached to this entry)(kh, ) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
80

BRIEF/MEMORANDUM in Support re 3 MOTION for Preliminary Injunction Notice of Supplemental Authority filed by Kandace Kay Edwards. (West, Micah) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
81

BRIEF/MEMORANDUM in Support re 3 MOTION for Preliminary Injunction, 4 BRIEF/MEMORANDUM in Support,,,, Substitute Memorandum in Support Replacing Docket Entry 4 filed by Kandace Kay Edwards. (West, Micah) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
82

ORDER TO SHOW CAUSE: The parties are ordered to show cause on or before December 15, 2017, why this action should not be stayed pending the U.S. Court of Appeals for the Eleventh Circuit's resolution of Walker v. City of Calhoun, No. 17-13139. Signed by Chief Judge William Keith Watkins on 12/5/2017. (kh, ) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
83

RESPONSE TO ORDER TO SHOW CAUSE by David Cofield re 82 Order to Show Cause,. (Kidd, Jamie) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
84

REPLY BRIEF re 82 Order to Show Cause, filed by Christopher May, Jill Puckett, Clay Tinney. (Chynoweth, Brad) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
85

REPLY BRIEF re 82 Order to Show Cause, filed by Kandace Kay Edwards. (Attachments: # 1 Exhibit A - Declaration of Wood, # 2 Exhibit B - Declaration of Shake, # 3 Exhibit C - Declaration of Smith)(West, Micah) (Entered: 12/15/2017)

1 Exhibit A - Declaration of Wood

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2 Exhibit B - Declaration of Shake

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3 Exhibit C - Declaration of Smith

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Dec. 15, 2017 PACER
86

NOTICE by Kandace Kay Edwards re 3 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Supplement - In re Kenneth Humphrey)(West, Micah) (Entered: 01/30/2018)

1 Supplement - In re Kenneth Humphrey

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Jan. 30, 2018 PACER
87

RESPONSE in Opposition re 86 Notice (Other) of Supplemental Authority by Christopher May, Jill Puckett, Clay Tinney. (Attachments: # 1 Arrest Warrant and Criminal Complaint, # 2 Affidavit of Substantial Hardship and Order, # 3 Order on Initial Appearance, # 4 Bond Hearing Order)(Chynoweth, Brad) (Attachment 1 replaced on 2/7/2018) (kh, ). (Attachment 2 replaced on 2/7/2018) (kh, ). (Attachment 3 replaced on 2/7/2018) (kh, ). (Attachment 4 replaced on 2/7/2018) (kh, ). (Entered: 02/06/2018)

1 Arrest Warrant and Criminal Complaint

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2 Affidavit of Substantial Hardship and Order

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3 Order on Initial Appearance

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4 Bond Hearing Order

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Feb. 6, 2018 PACER
88

REPLY BRIEF re 87 Response in Opposition,, 86 Notice (Other) filed by Kandace Kay Edwards. (West, Micah) (Entered: 02/13/2018)

Feb. 13, 2018 PACER
89

NOTICE by Kandace Kay Edwards re 3 MOTION for Preliminary Injunction Second Notice of Supplemental Authority (Attachments: # 1 Supplement - ODonnell v Harris County)(West, Micah) (Entered: 02/20/2018)

1 Supplement - ODonnell v Harris County

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Feb. 20, 2018 PACER
90

Notice of Supplemental Authority by David Cofield re 70 Response to Motion, 83 Response to Order to Show Cause (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kidd, Jamie) Modified on 2/22/2018 to clarify the docket text(kh, ). (Entered: 02/21/2018)

1 Exhibit A

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2 Exhibit B

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Feb. 21, 2018 PACER
91

RESPONSE in Opposition re 90 Notice (Other) of Supplemental Authority by Defendant Cofield by Kandace Kay Edwards. (West, Micah) (Entered: 02/22/2018)

Feb. 22, 2018 PACER

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: May 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A pregnant army veteran who was arrested and who could not afford to pay bail. She sought to represent a class of “all arrestees who are or who will be jailed in Randolph County who are unable to pay the secured monetary bail amount required for their release.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Civil Rights Corps

Equal Justice Under Law

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Randolph County, Alabama (Randolph), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness