Case: Pennington v. Taylor

COMPLAINT for declaratory and injunctive relief against John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward ( Filing fee $ 400.00 receipt number 4602054975.), filed by Randy Pennington, Oliver Nicholes, Herbert Stevens. (Attachments: # 1 civil cover sheet, # 2 fee receipt)(djy, ) (Entered: 09/24/2019)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Randy Pennington, Herbert Stevens, & Oliver Nicholes; Corporate Disclosures due by 10/4/2019. (Attachments: # 1 standing order & format)(djy, ) (Entered: 09/24/2019)

Summons Issued as to John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward and returned to counsel with copies of complaint for personal service by process server on defendants. (djy, ) (Entered: 09/25/2019)

SUMMONS Returned Executed by Randy Pennington, Oliver Nicholes, Herbert Stevens. All Defendants. (Barry-Blocker, Jonathan) (Entered: 09/30/2019)

Corporate/Conflict Disclosure Statement by Oliver Nicholes, Randy Pennington, Herbert Stevens re 2 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Barry-Blocker, Jonathan) (Entered: 09/30/2019)

Motion for Marsha L. Levick to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055166.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Entered: 10/08/2019)

Motion for Lisa Graybill to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055167.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A-certificate of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Attachment 1 replaced on 10/8/2019) (djy, ). (Entered: 10/08/2019)

ORDER granting 7 Motion for Lisa Graybill Leave to Appear Pro Hac Vice as counsel for plaintiffs. Signed by Honorable Judge Myron H. Thompson on 10/8/19. (djy, ) (Entered: 10/08/2019)

NOTICE of Correction re 7 Motion for Lisa Graybill to Appear Pro Hac Vice to correct the erroneous Exhibit A previously attached to the docket entry (Attachments: # 1 Corrected Exhibit A certificate of good standing to docket entry 7 )(djy, ) (Entered: 10/08/2019)

ORDER granting 6 Motion for Marsha L. Levick Leave to Appear Pro Hac Vice as counsel for the plfs. Signed by Honorable Judge Myron H. Thompson on 10/8/19. (djy, ) (Entered: 10/08/2019)

NOTICE of Appearance by Lynnette Kim Miner on behalf of All Plaintiffs (Miner, Lynnette) (Entered: 10/15/2019)

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Randy Pennington, Oliver Nicholes, Herbert Stevens.(Barry-Blocker, Jonathan) (Entered: 10/15/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Attachments: # 1 Exhibit Pennington Court Records, # 2 Exhibit Pennington Sex Offender Registration, # 3 Exhibit Stevens Court Records, # 4 Exhibit Stevens Alabama SJIS Case Detail, # 5 Exhibit Nicholes Court Records, # 6 Exhibit Nicholes Sex Offender Registration)(Chynoweth, Brad) (Entered: 10/18/2019)

BRIEF/MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 10/18/2019)

Corporate/Conflict Disclosure Statement by Charles Ward. (Chynoweth, Brad) (Entered: 10/18/2019)

Corporate/Conflict Disclosure Statement by Hal Taylor. (Chynoweth, Brad) (Entered: 10/18/2019)

Corporate/Conflict Disclosure Statement by John Q. Hamm. (Chynoweth, Brad) (Entered: 10/18/2019)

Corporate/Conflict Disclosure Statement by Steve Marshall. (Chynoweth, Brad) (Entered: 10/18/2019)

ORDER directing that the 13 MOTION TO DISMISS is set for submission, without oral argument, on 11/21/2019, with any opposition brief due by 11/14/2019, and any reply to the opposition due by 11/21/2019. Signed by Honorable Judge Myron H. Thompson on 10/24/19. (djy, ) (Entered: 10/24/2019)

MOTION for Extension of Time to File Response/Reply as to 19 Order,, Set Deadlines, Unopposed Motion for Extension of Time to Oppose the Defendants' Motion to Dismiss the First Amended Complaint by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Text of Proposed Order Proposed Order)(Barry-Blocker, Jonathan) (Entered: 11/01/2019)

ORDER GRANTING 20 MOTION for Extension of Time; the 13 Motion to dismiss is reset for Submission, without oral argument, on 1/13/2020, with any opposition brief by 12/16/2019, and any reply to the opposition due by 1/13/2020. Signed by Honorable Judge Myron H. Thompson on 11/1/19. (djy, ) (Entered: 11/01/2019)

NOTICE of Appearance by Brenton Merrill Smith on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Smith, Brenton) (Entered: 11/12/2019)

Motion for Riya Saha Shah to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055693.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A, # 2 fee receipt)(djy, ) (Entered: 11/15/2019)

TEXT ORDER granting 23 Motion for Riya Saha Shah Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 11/18/19. (NO PDF document attached to this order). (djy, ) (Entered: 11/18/2019)

Order on Motion for Leave to Appear Pro Hac Vice

Case reassigned to Honorable Judge Jerusha T. Adams. Honorable Judge Stephen Michael Doyle no longer assigned to the case as presiding judge. (No PDF document attached to this notice). (djy, )

Mail Returned as Undeliverable. Copy of 24 order sent to Riya Saha Shah returned in mail with the following notation, "returned to sender-vacant, unable to forward" (NO PDF document attached to this notice). (djy, )

BRIEF in Opposition to defs' 13 Motion to Dismiss the First Amended Complaint filed by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Howard, Ebony) Modified on 12/17/2019 to clarify text to remove erroneous link to 14 brief and create link to 13 motion to dismiss (qc/djy, ). (Entered: 12/16/2019)

REPLY BRIEF in support of defs' 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) Modified on 1/14/2020 to clarify text to reflect as in support of 13 motion (qc/djy, ). (Entered: 01/13/2020)

MOTION to Withdraw as Attorney by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Graybill, Lisa) (Entered: 08/06/2020)

TEXT ORDER granting 27 Motion for Lisa Graybill to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 8/20/2020. (NO PDF document attached to this notice). (djy, ) (Entered: 08/20/2020)

*** Attorney Lisa Shawn Graybill terminated pursuant to 28 text order (NO PDF document attached to this notice). (djy, )

Order on Motion to Withdraw as Attorney

NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Messick, Misty) (Entered: 10/19/2020)

NOTICE of Appearance by Kayla Michelle Wunderlich on behalf of John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Wunderlich, Kayla) (Entered: 10/21/2020)

MOTION to Withdraw as Attorney by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward. (Chynoweth, Brad) (Entered: 10/21/2020)

TEXT ORDER granting 31 Motion for Brad Chynoweth to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 10/21/2020. (NO PDF Document attached to this notice). (djy, ) (Entered: 10/21/2020)

NOTICE by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (State Defendants' Notice of Recent, Relevant Authority) (Attachments: # 1 Exhibit A (McGroarty v Swearingen))(Messick, Misty) (Entered: 10/21/2020)

*** Attorney Brad A. Chynoweth terminated pursuant to 32 text order (NO PDF document attached to this notice). (djy, )

Order on Motion to Withdraw as Attorney

MOTION to Withdraw as Attorney Motion to Withdraw as Counsel by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Miner, Lynnette) (Entered: 02/01/2021)

TEXT ORDER granting 34 Motion for Lynnette Miner to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/2/2021. (NO PDF document attached to this notice).(djy, ) (Entered: 02/02/2021)

*** Attorney Lynnette Kim Miner terminated pursuant to 35 text order (NO PDF document attached to this notice). (djy, )

Order on Motion to Withdraw as Attorney

MOTION to Withdraw as Attorney by Hal Taylor, Charles Ward, John Q. Hamm, Steve Marshall. (Wunderlich, Kayla) Modified on 6/15/2021 to add filers (am, ). (Entered: 06/14/2021)

TEXT ORDER: GRANTING the 36 Motion to Withdraw Kayla M. Wunderlich as Attorney. Signed by Honorable Judge Myron H. Thompson on 6/15/2021. (NO PDF attached to this entry) (am, ) (Entered: 06/15/2021)

*** PURSUANT TO THE 37 ORDER - Attorney Kayla Michelle Wunderlich terminated. (NO PDF attached to this etnry) (am, )

Order on Motion to Withdraw as Attorney

NOTICE of Appearance by Ashley Nicole Austin on behalf of All Plaintiffs (Austin, Ashley) (Entered: 07/29/2021)

MOTION to Withdraw as Attorney for Plaintiffs by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Barry-Blocker, Jonathan) (Entered: 07/30/2021)

TEXT ORDER granting 39 Motion for Jonathan Barry-Blocker to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 7/30/2021. (NO PDF document attached to this notice). (djy, ) (Entered: 07/30/2021)

*** Attorney Jonathan Michael Barry-Blocker terminated pursuant to 40 text order (NO PDF document attached to this notice). (djy, )

Order on Motion to Withdraw as Attorney

Motion to Appear Pro Hac Vice for Attorney Susanne Cordner ( Filing fee $ 75.00 receipt number AALMDC-3135415.) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A - Certificate of Good Standing for Susanne Cordner, Esq.)(Austin, Ashley) Modified on 12/13/2021 to reflect requesting atty (bes, ). (Entered: 12/10/2021)

***PURSUANT TO THE 41 MOTION - Attorney Susanne Emily Cordner for Oliver Nicholes, Randy Pennington, Herbert Stevens added. (No PDF attached to this entry) (bes, )

TEXT ORDER granting 41 Motion to Appear Pro Hac Vice for Attorney Susanne Cordner. Signed by Honorable Judge Myron H. Thompson on 12/13/2021. (No PDF attached to this entry) (bes, ) (Entered: 12/13/2021)

Order on Motion for Leave to Appear Pro Hac Vice

MOTION to Withdraw as Attorney by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Cordner, Susanne) (Main Document 43 replaced on 8/11/2022 to correct main pdf previously attached by e-filer) (am, ). (Entered: 08/11/2022)

TEXT ORDER: GRANTING the 43 Motion to Withdraw Susanne Cordner as Counsel. Signed by Honorable Judge Myron H. Thompson on 8/11/2022. (NO PDF attached to this entry) (am, ) (Entered: 08/11/2022)

NOTICE of Correction re 43 MOTION to Withdraw as Counsel to correct main pdf previously attached by e-filer. (Attachments: # 1 Corrected Main Document 43 )(am, ) (Entered: 08/11/2022)

*** PURSUANT TO THE COURT'S 44 ORDER - Attorney Susanne Emily Cordner terminated. (NO PDF attached to this entry) (am, )

Order on Motion to Withdraw as Attorney

NOTICE of Recent, Relevant Authority by John Q. Hamm, Steve Marshall, Hal Taylor, Charles Ward (Smith, Brenton) Modified on 11/22/2022 to clarify text (am, ). (Entered: 11/22/2022)

MOTION to Withdraw as Attorney Ebony G. Howard by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Light, Ashley) (Entered: 12/08/2022)

TEXT ORDER: GRANTING the 47 Motion to Withdraw Ebony G. Howard, as counsel. Signed by Honorable Judge Myron H. Thompson on 12/8/2022. (NO PDF attached to this entry) (am, ) (Entered: 12/08/2022)

*** Pursuant to the 48 Order - Attorney Ebony Glenn Howard terminated. (NO PDF attached to this entry) (am, )

Order on Motion to Withdraw as Attorney

RESPONSE to 46 Notice of Recent, Relevant Authority filed by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Levick, Marsha) Modified on 12/14/2022 to clarify text (am, ). (Entered: 12/13/2022)

UNOPPOSED MOTION to Dismiss Oliver Nicholes as Plaintiff by Oliver Nicholes. (Attachments: # 1 Text of Proposed Order)(Levick, Marsha) Modified on 12/14/2022 to clarify text (am, ). (Entered: 12/13/2022)

***Pursuant to the 49 Response - Attorney Vic F. Wiener for Oliver Nicholes, Randy Pennington, Herbert Stevens added. (NO PDF attached to this entry) (am, )

MOTION for Vic F. Wiener to Appear Pro Hac Vice (Filing fee $ 75, Receipt # 1040) by Oliver Nicholes, Randy Pennington, Herbert Stevens. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Text of Proposed Order, # 3 Receipt)(amf, ) (Attachment 3 replaced on 12/20/2022 to attach an amended receipt) (amf, ). Modified on 12/20/2022 (amf, ). (Entered: 12/19/2022)

TEXT ORDER granting 51 Motion for Admission Pro Hac Vice of Vic F. Wiener. Signed by Honorable Judge Myron H. Thompson on 12/23/2022. (No pdf attached to this entry) (wcl, ) (Entered: 12/23/2022)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER: it is ORDERED that the 50 motion is granted, plaintiff Nicholes's claims are dismissed without prejudice, and he is terminated as a party to this action; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 12/28/2022. (amf, ) (Entered: 12/28/2022)

Motion for Rebecca R. Ramaswamy to Appear Pro Hac Vice (Filing fee $ 75, receipt number 1445) by Randy Pennington, Herbert Stevens. (Attachments: # 1 Esxhibit A, Certificate of Good Standing, # 2 Proposed Order, # 3 Receipt)(dmn, ) (Entered: 02/09/2023)

1 Esxhibit A, Certificate of Good Standing

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2 Proposed Order

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3 Receipt

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TEXT ORDER: GRANTING the 54 Motion for Rebecca R. Ramaswamy to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 2/10/2023. (NO PDF attached to this entry) (am, ) (Entered: 02/10/2023)

Order on Motion for Leave to Appear Pro Hac Vice

MOTION to Withdraw as Attorney Ms. Ashley N. Light by Randy Pennington, Herbert Stevens. (Light, Ashley) (Entered: 02/06/2024)

TEXT ORDER granting 56 Motion for Ashley N. Light to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 2/6/2024. (no PDF attached to this entry) (BES) (Entered: 02/06/2024)

Add and Terminate Attorneys

Order on Motion to Withdraw as Attorney

***PURSUANT TO THE 57 TEXT ORDER - Attorney Ashley Nicole Light terminated. (no PDF attached to this entry) (BES)

MOTION to Withdraw as Attorney by Randy Pennington, Herbert Stevens. (Wiener, Vic) Modified text on 12/3/2024 (LAB). (Entered: 12/03/2024)

TEXT ORDER granting 58 Motion to Withdraw as Attorney. Attorney Vic Farm Wiener terminated. Entered by Honorable Judge Myron H. Thompson on 12/03/2024. (LAB) (Entered: 12/03/2024)

Order on Motion to Withdraw as Attorney

Case Reassigned to Magistrate Judge Chad W. Bryan as Referral Judge. Magistrate Judge Jerusha T. Adams no longer assigned to the case. (LAB) (Entered: 12/13/2024)

Case Assigned/Reassigned

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/2025. (CWL)

JUDGMENT: In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendants' motion to dismiss (Doc. 13 ) is granted. (2) All of plaintiffs' claims, to the extent the court rejected them (in whole or in part) based on sovereign immunity or lack of standing, are dismissed without prejudice to that extent; the remainder of the litigation is dismissed with prejudice. (3) The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules for Civil Procedure. (4) Costs are taxed against plaintiffs, for which execution may issue. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2025. (CWL)