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13-663 - Hall et al v. Bennett (JOINT ASSIGN)


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13-663 - Hall et al v. Bennett (JOINT ASSIGN)
March 3, 2014
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MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: 1. Bennett's 41 Motion to Dismiss is DENIED. 2. Plaintiff's 51 Request for Oral Argument, which the Court construes as a motion for hearing, is DENIED AS MOOT. 3. The stay imposed on 1/27/2014 is LIFTED. 4. A Status Conference is set for 3/12/2014 at 10:00 AM by conference call arranged by counsel for the Defendant before Honorable Judge Mark E. Fuller. Signed by Honorable Judge Mark E. Fuller on 3/3/2014. Copies furnished to calendar group, WR.(dmn, )
September 30, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 9/30/16. (djy, )
September 30, 2016
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JUDGMENT, In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) plf N.C. "Clint" Moser, Jr.'s claims are dismissed as moot; (2) def Secretary John Merrill's 23 MOTION for Summary Judgment is (a) denied on plf James Hall's First and Fourteenth Amendment claim and (2) granted in all other remaining respects; (3) plfs Hall and Moser's 63 MOTION for Summary Judgment is (a) granted on plf Hall's First and Fourteenth Amendment claim and (b) denied in all other remaining respects; (4) judgment is entered in favor of plf Hall and against def Merrill on plf Hall's First and Fourteenth Amendment claim; (5) it is declared that the enforcement of the 3 % signature requirement set forth in 1975 Ala. Code ยง 17-9-3-(a)(3) is unconstitutional during any off-season special election for which: (a) the vacancy is announced less than 124 days prior to the petition deadline and (b) the date of the special election is announced less than 57 days prior to the petition deadline; further ORDERING that costs are taxed def Merrill, for which execution may issue; directed the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 9/30/16. (Attachments: # (1) civil appeals checklist)(djy, )