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Case 1:15-cv-00104-CG-N Document 14 Filed 03/01/15 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 OBJECTION TO DEFENDANTS MOTION TO CONTINUE THE


PRELIMINARY INJUNCTION HEARING OF MARCH 2, 2015
COMES NOW the Plaintiff, Cari D. Searcy, by and through undersigned counsel, and files this
her Objection to Defendants Motion to Continue the Preliminary Injunction Hearing of March 2,
2015. In support thereof, Plaintiff offers the following:
1.

Plaintiff filed this action on February 24, 2015, alleging certain causes of action arising

from the Defendants refusal to issue a step-parent adoption until after the Supreme Court of the
United States decides cases from the 6th Circuit Court of Appeals.
2.

Despite being enjoined from enforcing the Alabama Sanctity of Marriage Laws, including

the ban on recognizing out-of-state same-sex marriages, Defendant is still acting in such a
manner so as to enforce that out-of-state marriage recognition ban.
3.

Plaintiff served the Defendant the next morning. Following notice of service being filed

with this Court, this Court set this matter for a hearing on the Plaintiffs request for a Preliminary
Injunction for March 2, 2015.

Case 1:15-cv-00104-CG-N Document 14 Filed 03/01/15 Page 2 of 3

4.

Plaintiff can and will offer proof that she meets the four requirements for receiving a

preliminary injunction. In fact, this Court, the 11th Circuit Court of Appeals, and the Supreme
Court of the United States have already ruled that same-sex couples do, as a matter of law, meet
these for criteria.
5.

There is no just reason for delaying the hearing on the preliminary injunction.

6.

Defendant has not offered any legitimate reason for delaying the hearing set for tomorrow

afternoon.
7.

Undersigned counsel submits that the Plaintiff in this matter has waited long enough and

would respectfully suggest that the Court should deny the Defendants baseless request to delay
this hearing.
8.

Plaintiff has arranged for witnesses to be present.

9.

Likewise, Plaintiff has arranged her work schedule to allow her presence tomorrow

afternoon.
10.

The harm caused to the Plaintiff by continuing this matter substantially outweighs any

prejudice to the Defendant. In fact, the Defendant will suffer absolutely not prejudice if this
hearing goes forward as scheduled.
WHEREFORE, the premises considered, Plaintiff respectfully requests that this Court deny the
Defendants Motion and allow the preliminary injunction to proceed tomorrow afternoon as
previously set by the Court.
/s/ David G. Kennedy (KEN049) /s/
David G. Kennedy
ASB 1238-I72K
The Kennedy Law Firm
P.O. Box 556
Mobile, Alabama 36601

Case 1:15-cv-00104-CG-N Document 14 Filed 03/01/15 Page 3 of 3

251-338-9805
david@kennedylawyers.com
CERTIFICATE OF SERVICE
I hereby certify that I, David G. Kennedy, hereby certify that I have 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