Case: Talladega County Commission v. City of Lincoln

COMPLAINT against Robert Bentley, City of Lincoln, Julie P Magee, Luther J Strange, III, Thomas L. White, Jr (Filing fee $ 400.00/ ALND receipt#: B4601067732), filed by Lori Angles, Robbie Angles, Talladega County Commission, Angela Boozer, Thomas D Martin.(SAC ) (Entered: 12/29/2015)

Request for service by certified mail filed by Lori Angles, Robbie Angles, Angela Boozer, Thomas D Martin, Talladega County Commission. (SAC ) (Entered: 12/29/2015)

NOTICE of Corporate Disclosure, by Talladega County Commission. (SAC ) (Entered: 12/29/2015)

Summons Issued as to Robert Bentley, City of Lincoln, Julie P Magee, Luther J Strange, III, Thomas L. White, Jr.; sent to Defendants via certified mail. (SAC ) (Entered: 12/29/2015)

SUMMONS Returned Executed City of Lincoln served on 1/4/2016 (Signed, not dated). (SAC ) (Entered: 01/05/2016)

SUMMONS Returned Executed Robert Bentley served on 1/6/2016 (signed, not dated); Julie P Magee served on 1/6/2016 (signed, not dated). (SAC ) (Entered: 01/07/2016)

SUMMONS Returned Executed Thomas L. White, Jr served on 1/4/2016. (SAC ) (Entered: 01/08/2016)

SUMMONS Returned Executed Luther J Strange, III served on 1/4/2016. (SAC ) (Entered: 01/11/2016)

NOTICE of Appearance by Richard Warren Kinney, III on behalf of City of Lincoln (Kinney, Richard) (Entered: 01/25/2016)

MOTION to Dismiss by Robert Bentley, Luther J Strange, III, Thomas L. White, Jr. (Howell, Laura) (Entered: 01/25/2016)

MOTION to Dismiss for Lack of Jurisdiction under Tax Injunction Act and comity by Julie P Magee. (Avery, David) (Entered: 01/25/2016)

MOTION to Dismiss by City of Lincoln. (Attachments: # 1 Supplement Brief in support of Motion to Dismiss filed by Defendant City of Lincoln)(Porter, James) (Entered: 01/25/2016)

1 Supplement Brief in support of Motion to Dismiss filed by Defendant City of Linc

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NOTICE of Appearance by James W Davis on behalf of Robert Bentley, Luther J Strange, III, Thomas L. White, Jr (Davis, James) (Entered: 01/27/2016)

Evidentiary Material re: 9 MOTION to Dismiss filed by City of Lincoln. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Porter, James) (Entered: 01/28/2016)

ORDER TO SHOW CAUSE-re: Motions to Dismiss 9, 11,and 12 . The court Orders the Pltfs to Show Cause in writing by 2/16/2016, why the court does not lack jurisdiction over Count I because of the Tax Injunction Act and the precedent cited by the Dfts; why the individual Dfts are not immune from suit; why the court should not dismiss this case for lack of standing; and why Count II does not fail to state a claim in light of Holt Civic Club v. City of Tuscaloosa and City of Robertsdale v. Baldwin County. Signed by Chief Judge Karon O Bowdre on 1/29/2016. (AVC) (Entered: 01/29/2016)

NOTICE of Voluntary Dismissal by Lori Angles, Robbie Angles, Angela Boozer, Thomas D Martin, Talladega County Commission (Sizemore, James) (Entered: 02/10/2016)

AMENDED COMPLAINT against City of Lincoln, filed by Lori Angles, Robbie Angles, Talladega County Commission, Angela Boozer, Thomas D Martin.(Sizemore, James) (Entered: 02/10/2016)

Brief in Response to Show Cause Order. (Sizemore, James) (Entered: 02/10/2016)

ORDER re 16 Notice of Dismissal of some Defendants: Pursuant to Rule 41(a)(1)(A)(i), the court DISMISSES all of the Plaintiffs' claims against Defendants Luther J. Strange III, Robert Bentley, Julie P. Magee, and Thomas L. White, Jr. WITHOUT PREJUDICE and DISMISSES WITHOUT PREJUDICE Luther J. Strange III, Robert Bentley, Julie P. Magee, and Thomas L. White, Jr. as party Defendants in this case. Because the Plaintiffs have voluntarily dismissed their claims against Defendants Strange, Bentley, Magee, and White in this case, the court finds the motions to dismiss filed by these now dismissed defendants are MOOT (docs. 11 and 12). Signed by Chief Judge Karon O Bowdre on 2/11/16. (SAC ) (Entered: 02/11/2016)

ORDER re 9 Motion to Dismiss: Because the Plaintiffs have filed an Amended Complaint in this case, the court finds the City of Lincoln's motion is MOOT. Signed by Chief Judge Karon O Bowdre on 2/11/16. (SAC ) (Entered: 02/11/2016)

MOTION to Dismiss Amended Complaint by City of Lincoln. (Attachments: # 1 Supplement Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Kinney, Richard) (Entered: 02/24/2016)

1 Supplement Brief

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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ORDER SETTING BRIEFING SCHEDULE re 21 Defendant City of Lincoln's Motion to Dismiss Amended Complaint- Plaintiffs' response will be due on or before March 17, 2016. Any reply brief, if necessary, will be due on or before March 31, 2016. Signed by Chief Judge Karon O Bowdre on 2/26/16. (SAC ) (Entered: 02/26/2016)

MOTION for Extension of Time for Scheduling Conference by Lori Angles, Robbie Angles, Angela Boozer, Thomas D Martin, Talladega County Commission. (Sizemore, James) (Entered: 03/15/2016)

Brief Opposing Summary Judgment filed by Lori Angles, Robbie Angles, Angela Boozer, Thomas D Martin, Talladega County Commission. (Sizemore, James) (Entered: 03/15/2016)

Evidentiary Material Opposing Summary Judgment. (Attachments: # 1 Exhibit Pl. Ex. 1 Resolution, # 2 Exhibit Pl. Ex. 2A Act 91-533(A), # 3 Exhibit Pl. Ex. 2B Act 91-533(B), # 4 Exhibit Pl. Ex. 3 Act 2000-758, # 5 Exhibit Pl. Ex. 4 Police Jurisdiction Report, # 6 Exhibit Pl. Ex. 5 newspaper article, # 7 Affidavit Pl. Ex. 6 R. Angles, # 8 Affidavit Pl. Ex. 7 L. Angles, # 9 Affidavit Pl. Ex. 8 A. Boozer, # 10 Affidavit Pl. Ex. 9 T. Martin, # 11 Affidavit Pl. Ex. 10 P. Lyle)(Sizemore, James) (Entered: 03/15/2016)

TEXT ORDER granting 23 Motion to Postpone Rule 26(f) Meeting. The parties shall confer within 14 days of the court's ruling on Defendant's motion to dismiss. Signed by Chief Judge Karon O Bowdre on 3/15/2016. (JPC) (Entered: 03/15/2016)

First MOTION for Leave to File Excess Pages by City of Lincoln. (Speegle, Jeffrey) (Entered: 03/28/2016)

TEXT ORDER granting 27 Unopposed Motion for Leave to File Excess Pages. Defendant's reply brief may not exceed 15 pages. Signed by Chief Judge Karon O Bowdre on 3/28/2016.(JPC) (Entered: 03/28/2016)

NOTICE of Appearance by Jeffrey Williams Speegle on behalf of City of Lincoln (Speegle, Jeffrey) (Entered: 03/31/2016)

REPLY Brief in Support of Its 21 Motion to Dismiss filed by City of Lincoln. (Speegle, Jeffrey) (Entered: 03/31/2016)

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 9/27/16. (SAC ) (Entered: 09/27/2016)

FINAL ORDER re 21 Motion to Dismiss Amended Complaint- For the reasons stated in the Memorandum Opinion, filed contemporaneously with this Order, the court GRANTS the motion to dismiss both counts of the complaint WITHOUT PREJUDICE. The court directs the Clerk to close the case. Signed by Chief Judge Karon O Bowdre on 9/27/16. (SAC ) (Entered: 09/27/2016)

First MOTION for New Trial and to Alter or Amend Judgment by Lori Angles, Robbie Angles, Angela Boozer, Thomas D Martin, Talladega County Commission. (Attachments: # 1 Supplement Brief Supporting Motion)(Sizemore, James) (Entered: 10/25/2016)

RESPONSE in Opposition re 33 First MOTION for New Trial and to Alter or Amend Judgment filed by City of Lincoln. (Kinney, Richard) (Entered: 10/28/2016)

MEMORANDUM OPINION AND ORDER re 33 Motion for a New Trial and to Alter or Amend Judgment- Because the Plaintiffs have failed to show manifest errors of law or fact or newly discovered evidence, the court DENIES the motion to reconsider its decision. Signed by Chief Judge Karon O Bowdre on 4/11/17. (SAC ) (Entered: 04/11/2017)