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Alabama - Primary Ballot Challenge - Obama - Defentant's Opposition to Motion for Stay - Orly-Hendershot

Alabama - Primary Ballot Challenge - Obama - Defentant's Opposition to Motion for Stay - Orly-Hendershot

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Published by Jack Ryan

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Published by: Jack Ryan on Jan 06, 2012
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01/12/2012

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ELECTRONICALLY FILED1/6/2012 10:05 AMCV-2011-002321.00CIRCUIT COURT OFJEFFERSON COUNTY, ALABAMAANNE-MARIE ADAMS, CLERK
IN
THE
CIRCUIT COURT OF JEFFERSON
COUNTY, ALABAMA
BIRMINGHAM
DIVISION
ALBERT
E.
HENDERSHOT,JR.
Plaintiff,
v.
MARK
KENNEDY,
CHAIRMAN
OF THE
ALABAMA
DEMOCRATIC
PARTY,Defendant.
§§§
§
§§§
CIVIL ACTION
NO.CV-2011-02321(JUDGE
HELENSHORESLEE)
DEFENDANT'S
OPPOSITION
TO
MOTION
FOR
A STAY
COMES NOW the Defendant Mark Kennedy, in his capacity
as
Chairman
of
theAlabama Democratic Party, and respectfully responds in opposition to the Plaintiffs "Motion foraStay
of
Expedited Status Conference" in this matter.
As
groundsin opposition to this motion,the Defendant states
as
follows:
1.
The presentactionwas filed on December 14, 2011.
1
2.
The presentactionseeks, among other relief, a preliminary injunction againstDefendant Kennedy in hiscapacity
as
ChaiIman
of
theAlabamaDemocratic Party "to preventcertification
of
[President Barack] Obama for 2012Alabamaballot access pending final hearingbased on factual evidentiary findings." (Plaintiffs Motion for PreliminaryInjunction
at
-,r
1).
The
prose
Plaintiffs Motion for Preliminary Injunction also seeks an evidentiary hearing atwhich the President
of
the United States would be required to produce his "original long formbilih celiificate and microfichecopy
of
such original birth ceIiificate," along with the
"[0
]riginal
1
The Defendant has never been served with theComplaintin this matter but has decided towaive service in an effort
to
getthis case resolved asexpeditiouslyas possible.
 
application" for President Obama's Social Security number. In his accompanying affidavit, thePlaintiff asserts that the President's bilih certificate is a "forgery" and that President Obama isusing a "fraudulently obtained Social Security number."
3.
The Defendant is required by law to certify the candidates for the 2012 AlabamaDemocratic Primary no later than January 19,2012.
4.
On January
1,
2012 Defendant Kennedy filed a Motion for Expedited StatusConference. On January
4,
2012 this
COUli
scheduled a hearing on the Defendant's motion forJanuary
9,
2012.
5.
On January
5,
2012 the Plaintiff filed a "Motion for a Stay
of
Expedited StatusConference." In his motion, the Plaintiff asserts that while he filed the present case without thebenefit
of
counsel,
he
has now allegedly retained a California lawyer to represent him.
6.
While Defendant Kennedy believes that this matter would celiainly benefit fromthe involvement
of
qualified and eligible counsel to advise and assist the Plaintiff, the Californialawyer identified by the Plaintiff is not licensed in Alabama and has not complied with therequirements for admission
pro hac vice
provided for in Rule VII
of
the Rules GoverningAdmission to the Alabama State Bar.
See,
e.g., Ex parte Maples,
885
So.2d 845,850 (Ala.Crim.App. 2004) ("To be admitted
pro hac vice,
an out-of-state attorney must associatea local attorney.,,).22 Even
if
Plaintiffs California counsel is somehow able
to
secure local counsel and comply withthe
Bar's
admission rules, the Defendant will likely oppose her
pro
hac
application based on herlong and sordid history
of
sanctions and other unprofessional conduct.
See,
e.g.,
See Rhodes
v.
MacDonald,
670 F.Supp.2d 1363 (M.D. Ga. 2009),
ajJ'd.,
368 Fed.Appx 949 (11th Cir. 2010)($20,000 in sanctions). "The grant
of
admission to a nomesident attorney
to
appear in this court
pro hac vice
is not a right but a privilege, 'the granting
of
which is a matter
of
grace resting inthe sound discretion
of
the presiding judge.'"
Steinbuch
v.
Cutler,
463 F.Supp.2d 4, 7 (D.D.C.2006).2
 
7.
More importantly, the continuance requested by the Plaintiff should be denied onthe grounds that the Plaintiff elected to file this astonishing proceeding and seek theextraordinary remedy
of
a preliminary injunction with full knowledge that the AlabamaDemocratic Primary is looming and that Defendant Kennedy has a statutory deadline
of
January
19,
2012 to certifY candidates for inclusion on the primary ballot. For the Plaintiff to suggestthat he was somehow taken by surprise when the Defendant opposed his requested relief byrelying on established constitutional and legal principles strains credibility. In addition, thePlaintiff has had many months to retain counsel, yet he apparently waited until after this casewas pending and this
COUli
had scheduled a hearing
to
attempt to
do so.
8.
This matter is due
to
be summarily dismissed and the sooner the better.WHEREFORE, the Defendant respectfully asks this Honorable Court to deny thePlaintiffs "Motion for a Stay
of
Expedited Status Conference."
OF
COUNSEL:
SIROTE
&
PERMUTT,
PC
2311
Highland Avenue SouthPost Office Box 55727Birmingham, AL 35255-5727Tel.: 205-930-5100Fax: 205-930-5101bragsdale@sirote.commryan@sirote.com
3
/s/
Barrv
A.
Ragsdale
Barry
A.
Ragsdale (RAG003)MeaghanE. Ryan (RYA020)Attorneys for Defendant

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