Case 1:15-cv-00104-CG-N Document 31 Filed 03/13/15 Page 1 of 2

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 MOTION TO FILE SURREPLY TO DEFENDANTS MOTION TO

DISMISS
COMES NOW the Plaintiff, Cari D. Searcy, by and through undersigned counsel and files this
her Motion to File Surreply to Defendants Motion to Dismiss as follows:
1.
As the Court is aware, Defendant took additional action relative to Plaintiffs Petition for
Adoption.
2.
Defendant also raised new arguments in his Reply Brief, namely his plan to recuse from
the adoption and transfer the case to Chief Justice Roy Moore.
3.
In turn, Plaintiff has filed a Motion to Set Aside or in the alternative Motion to Amend in
the Probate Court.
4.
Plaintiff has requested that instead of transferring this matter to Chief Justice Moore, who
is a party Defendant in the Hedgepeth case and has recused himself from the recent same-sex
marriage mandamus Order from the Alabama Supreme Court, the proper course of action is to
transfer this matter to the Hon. Charles Graddick. Judge Graddick is the presiding judge over our
local judicial circuit.
5.

Ala. Code 12-1-14.1 states:

(a) At the request of the affected judge in a particular circuit, the presiding circuit
court judge of the circuit may appoint and commission a special circuit court
judge, special district court judge, or special judge of probate for temporary

Case 1:15-cv-00104-CG-N Document 31 Filed 03/13/15 Page 2 of 2

service. The person so appointed shall possess the qualifications of the judgeship
to which he or she is appointed. The special judge shall qualify by taking the oath
of office prescribed in the Constitution of Alabama of 1901. The appointment
shall confer on the special judge all powers, authority, and jurisdiction of the
judgeship to which he or she is appointed. The special judge shall not receive
compensation for his or her services.
6.
As such, Judge Graddick is the proper judge to refer the adoption to. Chief Justice Moore
is not authorized by statute to receive such referral.
7.
Should Judge Graddick appoint a special, local judge to hear this matter in lieu of Judge
Davis, Defendant will not be prejudiced in any manner.
WHEREFORE, the premises considered, Plaintiff respectfully requests that the Court accept this
Surreply Brief.
Respectfully submitted this 13th 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
CERTIFICATE OF SERVICE
I hereby certify that I, David G. Kennedy, hereby certify that I have this 13th 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