The state court case was filed on February 8, 2012, in the Birmingham Division of Jefferson County, an inappropriate venue, as none of the parties reside in or maintain a principalplace of business in the Birmingham Division of Jefferson County.11.
Cashion then promptly filed a motion to transfer the state court case to the“Commercial Litigation Docket” thereby enabling him to select their preferred judge, RobertVance.12.
The “Commercial Litigation Docket” was created by Jefferson County CircuitCourt (Birmingham Division) Administrative Order No. 2009-23, a copy of which is attachedhereto as “Exhibit 1.”13.
Initially, Cashion’s case was assigned to Circuit Court Judge Houston Brown. TheCase Action Summary Sheet for said action which reflects the appointment of Judge Brown hasbeen provided herewith as “Exhibit 2.”14.
On February 8, 2012, Judge Vance signed a Temporary Restraining Order(“TRO”) in said case despite the fact that said matter was not assigned to his court.15.
Vance had no authority or jurisdiction to rule on Cashion’s case as it had not beenassigned to him. A true and correct copy of said extrajudicial TRO is provided herewith as‘Exhibit 3.”16.
The TRO was signed at 3:30 p.m. on February 8, 2012, by Judge Robert Vance,Jr.(“Vance”).17.
The Case Action Summary Report reflects that Judge Houston Brown wasassigned to this case at 2:02 p.m. on February 8, 2012, about an hour and a half before JudgeVance signed the TRO. Exhibit 2.