UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ALABAMANORTHEASTERN DIVISIONALABAMA EDUCATION )ASSOCIATION, an Alabama)non-profit corporation;
.,))Plaintiffs,))vs.) Civil Action No. CV-11-S-761-NE)ROBERT BENTLEY, in his official)capacity as Governor of the State)of Alabama and President of the)State School Board;
This case is before the court on plaintiffs’ “Motion for Preliminary Injunctionor Restraining Order.” Upon consideration of the motion, pleadings, testimony,
Doc. no. 7. Motions to dismiss were filed by four of the defendants on March 14, 2011.
doc. no. 28 (“Motion to Dismiss, for Judgment on the Pleadings, or for Summary Judgment byDefendants Joseph B. Morton, Superintendent, Freida Hill, Chancellor, and Robert T. Treese, III,Lee County District Attorney”) and doc. no. 33 (“Motion to Dismiss for Lack of Jurisdiction” filed by defendant Governor Robert Bentley). By separate order entered contemporaneously herewith,the court is ordering plaintiffs to file responses to those motions by April 8, 2011. Because theAlabama Act that is the subject of this litigation will go into effect at 12:01 o’clock a.m. on Sunday,March 20, 2011, however, it is necessary for the court to rule on plaintiffs’ request for injunctiverelief before the motions to dismiss are fully briefed and ripe for argument and decision.Even so, Governor Bentley raises some potentially valid arguments that this court does nothave subject matter jurisdiction over the claims that plaintiffs assert against him. It would beinappropriate to enter an injunction requiring Governor Bentley to act, or to refrain from acting,when subject matter jurisdiction over plaintiffs’ claims against the Governor is uncertain.Accordingly, the preliminary injunction that will be entered contemporaneously herewith willrestrain the conduct of all defendants
Governor Bentley. If the court later determines that itdoes have subject matter jurisdiction over the claims against Governor Bentley, the injunction will
2011 Mar-18 PM 04:50U.S. DISTRICT COURTN.D. OF ALABAMA
Case 5:11-cv-00761-CLS Document 36 Filed 03/18/11 Page 1 of 87