Case 1:15-cv-00104-CG-N Document 20 Filed 03/06/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CARI D. SEARCY,
Plaintiff,
v.
HON. DON DAVIS,
individually and in his official
capacity as Probate Judge for
Mobile County, Alabama,
Defendant.

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Case No. 15-00104-CG

PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO QUASH SUBPOENA

COMES NOW the Plaintiff, Cari D. Searcy, by and through undersigned, pursuant to this Courts
Order of March 2, 2015, and files this her Response to Defendants Motion to Quash Subpoena
as follows:

1.

Today, Plaintiff has also filed her Response in Opposition to Defendants Motion to

Dismiss. (Doc. 16). Plaintiff hereby adopts and incorporates all arguments and contentions
therein.
2.

As the Court correctly noted in its Order, Plaintiff must present evidence at the

preliminary injunction hearing:

In preparation for the hearing the Plaintiff shall be required to prove that the
following standards necessary for issuance of a preliminary injunction are met:
(1) that there is a substantial likelihood of success on the merits; (2) that
irreparable injury will be suffered if the relief is not granted; (3) that the
threatened injury outweighs the harm the relief would inflict on the non-movant;
and (4) that entry of the relief would serve the public interest.

Case 1:15-cv-00104-CG-N Document 20 Filed 03/06/15 Page 2 of 3

(Doc. 8).
3.

Plaintiff requires the Defendant to offer testimony not as to mental operation in granting

the Qualified Interlocutory Order despite the Defendant assuming that to be the case in his
Motion to Quash.
4.

In accordance with this Courts Order (Doc. 8), Plaintiff requires Defendants testimony

regarding:
(a) That the threatened injury outweighs the harm the relief would inflict on the
non-movant.
(b) That entry of the relief would serve the public interest.

5.

Alternatively, the Defendant could concede that these two factors weigh heavily in

Plaintiffs favor and that a preliminary injunction is due to be granted as requested by the
Plaintiff. In so doing, Defendant will relieve the Plaintiffs counsel of their burden of proving
that the four preliminary injunction factors dictate that a preliminary injunction is due to be
granted thereby alleviating the need for testimony from the Defendant.
WHEREFORE, the premises considered, the Plaintiff respectfully requests that the Court enter
an Order denying the Defendants Motion to Quash.
Respectfully submitted this 6th day of March, 2015,
/s/ David G. Kennedy (KEN049) /s/
David G. Kennedy
ASB 1238-I72K
The Kennedy Law Firm
P.O. Box 556
Mobile, Alabama 36601
251-338-9805
david@kennedylawyers.com

Case 1:15-cv-00104-CG-N Document 20 Filed 03/06/15 Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that I, David G. Kennedy, hereby certify that I have this 6th day of March, 2015,
filed the foregoing using the CM/ECF electronic system which will send notice of the above and
a copy of the same to all counsel of record.
/s/ David G. Kennedy (KEN049) /s/
David G. Kennedy
ASB 1238-I72K
The Kennedy Law Firm
P.O. Box 556
Mobile, Alabama 36601
251-338-9805
david@kennedylawyers.com