Lewis v. Governor of Alabama

U. S. Court of Appeals for the Eleventh Circuit

U. S. Court of Appeals for the Eleventh Circuit

U. S. Court of Appeals for the Eleventh Circuit

Harvard Law Review

COMPLAINT against Robert J. Bentley, Luther J Strange, III, filed by Marnika Lewis, National Association for the Advancement of Colored People, Greater Birmingham Ministries, Antoin Adams.(MRR, ) (Entered: 04/28/2016)

Request for service by certified mail filed by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (MRR, ) (Entered: 04/28/2016)

NOTICE REGARDING CONSENT (MRR, ) (Entered: 04/28/2016)

Filing Fee: Filing fee $ 400, receipt_number 1126-2612782 (B4601070790). (Rouco, Richard)

Filing Fee - Pay.gov

Summons Issued as to Robert J. Bentley, Luther J Strange, III, sent via certified mail (MRR, ) (Entered: 05/02/2016)

MOTION for Admission Pro Hac Vice by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit 1 Statement, # 2 Exhibit 2 Certificate of Good Standing)(Rouco, Richard) (Entered: 05/05/2016)

1 Exhibit 1 Statement

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2 Exhibit 2 Certificate of Good Standing

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MOTION for Admission Pro Hac Vice by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People. (Attachments: # 1 Exhibit 1 Statement, # 2 Exhibit 2 Certificate of Good Standing)(Rouco, Richard) (Entered: 05/05/2016)

1 Exhibit 1 Statement

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2 Exhibit 2 Certificate of Good Standing

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SUMMONS Returned Executed Robert J. Bentley served on 5/5/2016 (no date entered on green card, court's file stamp date used), answer due 5/26/2016. (MRR, ) (Entered: 05/05/2016)

PHV Fee paid: $ 50, receipt number 1126-2617249 (B4601071084). (Rouco, Richard) Modified on 6/3/2016 (MRR, ).

PHV Fee paid: $ 50, receipt number 1126-2617246 (B4601071083). (Rouco, Richard) Modified on 6/3/2016 (MRR, ).

PHV Fee Paid

SUMMONS Returned Executed Luther J Strange, III served on 5/5/2016, answer due 5/26/2016. (MRR, ) (Entered: 05/09/2016)

ORDER- The motions for Mary Joyce Carlson and Robert H. Stroup to appear pro hace vice for the pltfs (Docs 5, 6 ) are GRANTED. Signed by Magistrate Judge Staci G Cornelius on 5/11/16. (MRR, ) (Entered: 05/11/2016)

MOTION to Dismiss & Supporting Brief by Robert J. Bentley, Luther J Strange, III. (Attachments: # 1 Exhibit A - Ala. Act No. 2016-18)(Parker, William) (Entered: 05/26/2016)

1 Exhibit A - Ala. Act No. 2016-18

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TEXT ORDER: The defendants have filed a motion to dismiss. (Doc. 10 ). The plaintiffs are ORDERED to respond within fourteen (14) days of the entry of this order. The response SHALL be limited to thirty (30) pages. The defendants' reply, if any, SHALL be filed within seven days of the plaintiffs' response and SHALL be limited to ten (10) pages. Signed by Magistrate Judge Staci G Cornelius on 5/27/16. (MRR, ) (Entered: 05/27/2016)

ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. ยง 636(c) no later than July 12, 2016. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after July 12, 2016. A telephone status conference is hereby SET for 10:30 on June 27, 2016. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 5/27/16. (MRR, ) Modified on 6/1/2016 (MRR, ). (Entered: 05/27/2016)

Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:16-cv-690-RDP on all subsequent pleadings. (MRR, ) (Entered: 06/02/2016)

NOTICE- The status conference set for June 27, 2016 is CANCELLED. (MRR, ) (Entered: 06/02/2016)

Unopposed MOTION for Enlargement of Time to Respond to 10 Motion to Dismiss and/or Amend Plaintiffs' Complaint by Marnika Lewis. (Rouco, Richard) (Entered: 06/03/2016)

TEXT ORDER - This matter is before the court on Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Motion to Dismiss and/or Amend Plaintiffs' Complaint. 15 . The Motion 15 is GRANTED. Plaintiffs SHALL respond to Defendants' Motion to Dismiss or amend the Complaint on or before July 1, 2016. Defendants may reply and/or respond to an amended Complaint on or before July 22, 2016. Signed by Judge R David Proctor on 6/7/2016. (AVC) (Entered: 06/07/2016)

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 6/23/2016. (AVC) (Entered: 06/23/2016)

AMENDED COMPLAINT against Luther J Strange, III, The State of Alabama, The City of Birmingham, William A. Bell, Sr, filed by Marnika Lewis, Greater Birmingham Ministries, National Association for the Advancement of Colored People, Antoin Adams, Marika Coleman, John Rogers, Priscilla Dunn, Juandalynn Givan, Louise Alexander, William Muhammad, Rodger Smitherman, The State of Alabama, Oliver Robinson, Alabama Legislative Black Caucus, Mary Moore.(Rouco, Richard) (Entered: 06/30/2016)

Summons Issued as to William A. Bell, Sr, The City of Birmingham, The State of Alabama; mailed certified mail. (AVC) (Entered: 06/30/2016)

TEXT ORDER -This matter is before the court on Plaintiffs' Amended Complaint. 18 In light of the Amended Complaint, Defendant's Motion to Dismiss 10 is DENIED WITHOUT PREJUDICE because it is directed at what is no longer the operative Complaint. Defendants may renew any applicable arguments in response to the Amended Complaint. Signed by Judge R David Proctor on 7/1/2016. (AVC) (Entered: 07/01/2016)

SUMMONS Returned Executed William A. Bell, Sr; Birmingham, City of, The served on 7/1/2016, answer due 7/22/2016. (AVC) (Entered: 07/05/2016)

NOTICE of Appearance by W Edward Still on behalf of Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Mary Moore, William Muhammad, Oliver Robinson, John Rogers, Rodger Smitherman (Still, W) (Entered: 07/06/2016)

SUMMONS Returned Executed State of Alabama, The served (green card not dated). (AVC) (Entered: 07/07/2016)

Opposed MOTION to Stay or Extend Rule 26(f) Deadlines by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 07/14/2016)

TEXT ORDER - This matter is before the court on Defendants' (Opposed) Motion to Stay and Extend Rule 26(f) Deadlines. 24 . Plaintiffs SHALL respond to the Motion on or before July 22, 2016; Defendants may reply on or before July 27, 2016. Signed by Judge R David Proctor on 7/15/2016. (AVC) (Entered: 07/15/2016)

Partially Opposed MOTION for Modification of Scheduling Order (Doc# 25) by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Still, W) (Entered: 07/18/2016)

ANSWER to 18 Amended Complaint, by Birmingham, City of, The.(Fullerton, Frederic) (Entered: 07/19/2016)

MOTION to Dismiss by William A. Bell, Sr. (Fullerton, Frederic) (Entered: 07/19/2016)

TEXT ORDER - This matter is before the court on Plaintiffs' Partially Opposed Motion for Modification of Scheduling Order. 26 . The Motion 26 is GRANTED IN PART. Plaintiffs SHALL respond to the State Defendants' (Opposed) Motion to Stay and Extend Rule 26(f) Deadlines 24 on or before July 29, 2016; Defendants may reply on or before August 3, 2016. In relation to Mayor Bell's Motion to Dismiss 28 filed July 19, 2016, and the anticipated Motion(s) by the State Defendants, the parties are DIRECTED to confer and, to the extent that they desire a briefing schedule other than that set forth in Exhibit B, they should submit an agreed upon proposed briefing schedule on those motions. Signed by Judge R David Proctor on 7/19/2016. (AVC) (Entered: 07/19/2016)

MOTION to Dismiss the Amended Complaint & Initial Submission in Response to Exhibit B of the Court's Order by State of Alabama, The, Luther J Strange, III. (Attachments: # 1 Exhibit A - News Articles2, # 2 Exhibit B - Ala Act 2016-18 - Alabama Uniform Minimum Wage & Right-to-Work Act, # 3 Exhibit C - City of Birmingham Minimum Wage Ordinance No. 16-28, # 4 Exhibit D - Ala. Democratic Conf. v. Strange)(Parker, William) (Entered: 07/22/2016)

1 Exhibit A - News Articles2

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2 Exhibit B - Ala Act 2016-18 - Alabama Uniform Minimum Wage & Right-to-Work Act

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3 Exhibit C - City of Birmingham Minimum Wage Ordinance No. 16-28

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4 Exhibit D - Ala. Democratic Conf. v. Strange

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Joint MOTION to Modify Briefing Schedule by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 07/26/2016)

TEXT ORDER - This matter is before the court on the parties' Joint Motion to Modify Briefing Schedule. 31 . The Motion 31 is GRANTED. With regard to the two Motions to Dismiss pending before the court, (1) Mayor Bells Motion to Dismiss 28 and (2) the State Defendants Motion to Dismiss 30, on or before Friday, August 19, 2016, Plaintiffs SHALL respond to both motions. On or before Friday, September 2, 2016, Defendants may reply. Signed by Judge R David Proctor on 7/26/2016. (AVC) (Entered: 07/27/2016)

RESPONSE in Opposition to 24 Motion to Stay or Extend Rule 26(f) Deadlines filed by Marnika Lewis. (Rouco, Richard) (Entered: 07/29/2016)

REPLY Brief filed by Defendants State of Alabama, The, Luther J Strange, III re: 24 Opposed MOTION to Stay or Extend Rule 26(f) Deadlines filed by State of Alabama, The, Luther J Strange, III. (Davis, James) (Entered: 08/02/2016)

REPORT of Rule 26(f) Planning Meeting. (Parker, William) (Entered: 08/08/2016)

ORDER -The Opposed Motion to Stay and Extend Rule 26(f) Deadlines 24 is GRANTED. The parties' obligations under Rule 26(f) SHALL run from the date of a decision on Defendants' pending Motions to Dismiss. Signed by Judge R David Proctor on 8/9/2016. (AVC) (Entered: 08/10/2016)

TEXT ORDER - This matter is before the court on an informal request for a modification of the parties' briefing schedule on the pending Motions to Dismiss. The request is GRANTED. On or before August 24, 2016, Plaintiffs SHALL respond to both motions. On or before September 7, 2016, Defendants may reply. Signed by Judge R David Proctor on 8/18/2016. (KAM, ) (Entered: 08/18/2016)

TEXT ORDER -This matter is before the court on an informal request from Plaintiffs' counsel for an extension of the page limit on briefs in response to Defendants' Motions to Dismiss. The court understands that the request is unopposed. The request is GRANTED. By agreement of the parties, Plaintiffs' responsive brief may contain up to forty-five (45) pages. Signed by Judge R David Proctor on 8/23/2016.(AVC) (Entered: 08/23/2016)

TEXT ORDER- This matter is before the court on an informal request from Plaintiffs' counsel for an extension of the page limit on briefs in response to Defendants' Motions to Dismiss. The court understands that the request is unopposed. The request is GRANTED. By agreement of the parties, Plaintiffs' responsive brief may contain up to forty-five (45) pages. Signed by Judge R David Proctor on 8/24/2016. (AVC) (Entered: 08/24/2016)

Opposition 28, 30 Motions to Dismiss the Amended Complaint filed by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Attachments: # 1 Exhibit A Declaration of Lisa R. Handley)(Rouco, Richard) (Entered: 08/24/2016)

1 Exhibit A Declaration of Lisa R. Handley

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Unopposed Motion to Extend Filing Deadline and Page Limit by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 09/02/2016)

TEXT ORDER-This matter is before the court on Defendants' Unopposed Motion to Extend Filing Deadline and Page Limit.. 41 The Motion 41 is GRANTED. Defendants' reply SHALL be filed on or before September 21, 2016, and may contain up to twenty (20) pages. Signed by Judge R David Proctor on 9/2/2016. (AVC) (Entered: 09/02/2016)

REPLY Brief filed by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 09/21/2016)

MOTION for Leave to Respond to Defendants' Citation of Intervening Case Law filed by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Blacksher, James) (Entered: 09/26/2016)

TEXT ORDER -The two Motions to Dismiss pending before the court, (1) Mayor Bell's Motion to Dismiss 28 and (2) the State Defendants' Motion to Dismiss 30 are now fully briefed. The Motions are SET for oral argument at 2:00 p.m. on Wednesday, October 26, 2016. in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 9/28/2016. (AVC) (Entered: 09/28/2016)

Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 10/26/2016 re 28 MOTION to Dismiss filed by William A. Bell, Sr. and 30 MOTION to Dismiss the Amended Complaint & Initial Submission in Response to Exhibit B of the Court's Order filed by Luther J Strange, III, State of Alabama, The. The motions will be taken under submission and a separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) Modified on 4/12/2017 (KLL, ).

Motion Hearing

Unopposed MOTION to File Supplemental Briefs Regarding the Applicable Pleading Standard by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. (Rouco, Richard) (Entered: 10/28/2016)

TEXT ORDER- This matter is before the Court on Plaintiffs' Unopposed Motion to File Supplemental Briefs Regarding the Applicable Pleading Standard. 46 The Motion 46 is GRANTED. Plaintiffs' supplemental brief is due on or before November 9, 2016. The State Defendants may file supplemental briefing on or before November 16, 2016. Supplemental briefs SHALL be limited to five pages. Signed by Judge R David Proctor on 10/28/2016. (AVC) (Entered: 10/28/2016)

TEXT ORDER-This matter is before the court on an informal request for an extension of the deadlines for Supplemental Briefs Regarding the Applicable Pleading Standard. The court understand that the request is unopposed. The request is GRANTED. Plaintiffs' supplemental brief is due on or before November 14, 2016. The State Defendants may file supplemental briefing on or before November 21, 2016. Supplemental briefs SHALL be limited to five pages. Signed by Judge R David Proctor on 11/2/2016. (AVC) (Entered: 11/02/2016)

NOTICE of Change of Firm Affiliation by Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Mary Moore, William Muhammad, Oliver Robinson, John Rogers, Rodger Smitherman. (Clemon, U) (Entered: 11/10/2016)

SUPPLEMENTAL Brief on Application of IQBAl/Twombly. (Rouco, Richard) (Entered: 11/14/2016)

RESPONSE to 50 Plaintiffs' Supplemental Brief on Application of Iqbal/Twombly filed by State of Alabama, The, Luther J Strange, III. (Parker, William) (Entered: 11/21/2016)

MEMORANDUM OPINION. Signed by Judge R David Proctor on 1/31/2017. (AVC) (Entered: 02/01/2017)

ORDER OF DISMISSAL-In accordance with the Memorandum Opinion 52, Dfts' Motions to Dismiss 28 and 30 are GRANTED. Pltfs' claims against all Dfts are DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 1/31/2017. (AVC) (Entered: 02/01/2017)

NOTICE OF APPEAL as to 52 Memorandum Opinion, 53 Order Dismissing Case by Antoin Adams, Alabama Legislative Black Caucus, Louise Alexander, Marika Coleman, Priscilla Dunn, Juandalynn Givan, Greater Birmingham Ministries, Marnika Lewis, Mary Moore, William Muhammad, National Association for the Advancement of Colored People, Oliver Robinson, John Rogers, Rodger Smitherman. Filing fee $ 505, receipt number 1126-2798137. (Attachments: # 1 Exhibit Docket Report, # 2 Exhibit Memorandum Opinion, # 3 Exhibit Order of Dismissal)(Rouco, Richard) (Entered: 03/02/2017)

1 Exhibit Docket Report

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2 Exhibit Memorandum Opinion

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3 Exhibit Order of Dismissal

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USCA Appeal Fees received $505.00 Receipt# B4601078385 re 54 Notice of Appeal. (AVC) (Entered: 03/03/2017)

NOTICE of transmittal letter to the 11th Circuit Court of Appeals (KAM, ) (Entered: 03/03/2017)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 54 Notice of Appeal,, (KAM, ) (Entered: 03/03/2017)

USCA Case Number 17-11009-B and Notification for 54 Notice of Appeal,, filed by John Rogers, Louise Alexander, Marika Coleman, Rodger Smitherman, Alabama Legislative Black Caucus, Mary Moore, Oliver Robinson, National Association for the Advancement of Colored People, Marnika Lewis, Priscilla Dunn, Juandalynn Givan, William Muhammad, Antoin Adams, Greater Birmingham Ministries. (JLC) (Entered: 03/09/2017)

TRANSCRIPT REQUEST by Antoin Adams, Greater Birmingham Ministries, Marnika Lewis, National Association for the Advancement of Colored People (Rouco, Richard) (Entered: 03/13/2017)

TRANSCRIPT REQUEST - Court Reporter Acknowledgment filed by Leah S. Turner (KAM) (Entered: 03/22/2017)

Transcript of Proceedings held on 10/26/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. 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%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/9/2017. (AVC) (Entered: 04/10/2017)

NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN DISTRICT COURT. (AVC) (Entered: 04/10/2017)

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: 54 Notice of Appeal, Appeal No. 17-11009-BB. The entire record on appeal is available electronically.(JLC)

Electronic Availability of ROA

ORDER of USCA The order withholding the mandate in this appeal is VACATED. ENTERED FOR THE COURT - BY DIRECTION (KAM) (Entered: 01/15/2020)

ORDER of USCA before Wilson, Jordan, USCJ and Conway, USDJ sitting by designation, the district court's dismissal of the City of Birmingham from the suit is AFFIRMED; issued as mandate 9/8/2020 w/ per curiam opinion attached (Attachments: # 1 Opinion)(KAM) (Entered: 09/09/2020)