DOCUMENT 79

ELECTRONICALLY FILED
1/29/2019 12:23 PM
55-CV-2019-000002.00
CIRCUIT COURT OF
PIKE COUNTY, ALABAMA
JAMIE NEELEY SCARBROUGH, CLERK
IN THE CIRCUIT COURT OF PIKE COUNTY, ALABAMA

DAVENPORT, TARA, as Mother and next friend,

on behalf of her minor daughter, MAORI DAVENPORT;

PLAINTIFF,
CV: 2019-000002
vs.

SAVARESE, STEVE, individually and as Director of the

Alabama High School Athletic Association; and
ALABAMA HIGH SCHOOL ATHLETIC ASSOCIATION;
CHARLES HENDERSON HIGH SCHOOL

DEFENDANTS.

MOTION TO SET SCHEDULING CONFERENCE, CONTINUE CURRENT SETTING

AND EXTEND EXISTING ORDER

COMES NOW the plaintiff, by and through undersigned counsel and moves this Court
to continue the February 1, 2019 hearing on the permanent injunction and instead set this matter
for Scheduling Conference and in support of said Motion states:

1. The Defendants have filed a motion to dismiss, a motion to change venue, and a motion to join
necessary parties. The Plaintiff has filed an amended complaint and intend on opposing the
change of venue motion and dismissal motion.

2. The venue and dismissal motions are premised on a flawed assumption that the AHSAA is a
private, volunteer organization that is able to promulgate its own rules without any oversight or
accountability from this Court. The Plaintiff intends on challenging the AHSAA standing as a
volunteer, private organization afforded heightened judicial deference to its decisions.

3. The venue motion is premised on the fact that in order to be able to play basketball, Tara and
Mario Davenport were forced to sign a player participation agreement that ostensibly binds them
to, among other things, only being able to have claims heard in Montgomery County. The
Plaintiff intends to challenge the AHSAA participation from and arguments related to venue
premised on that form due to the form being a contract of adhesion that is compulsory for any
athlete to be allowed to play sports, therefore, depriving the Plaintiff of any bargaining power or
consideration typically necessary for a binding contract.
 DOCUMENT 79

4. Additionally, running through all issues is the standard of judicial scrutiny to be used by the
Court. This threshold issue must be considered and decided in advance of the hearing on the
merits.

5. Finally, approximately twenty witnesses are expected to testify. Given the issues involved and
the number of witnesses, it seems unlikely that the matter can be concluded in one day as
currently scheduled. A scheduling conference with the Court would allow a discussion that
could possibly streamline the proceedings and promote judicial economy.

6. It may be advisable to conduct discovery, including depositions of some of these individuals to

limit the amount of Court time necessary and to promote judicial economy.

7. Because of these issues that will require a decision of this Court and because that decision will
impact subsequent strategic decisions of the parties, Plaintiff believes it is in the best interest of
the parties to have a scheduling conference with the Court to fully address theses issues.

8. Prior orders of this Court state that TRO is extended until such time that the Court rules on the
preliminary injunction. If the Court grants this Motion to Continue, it does not appear that a new
Order extending the TRO is necessary, but to the extent that such and Order is necessary, the
Plaintiff so moves.

Wherefore, the Plaintiff requests the Court continue the hearing on the merits currently set for
February 1, 2019 and instead conduct a scheduling conference related to these matters and
pending motions.

Respectfully submitted this 29th day of January, 2019.

/s/CARL A. COLE, III (COL 118)

Carl A. Cole, III

/s/GRADY A. REEVES
Grady A. Reeves (REE 042)

OF COUNSEL:

THE COLE LAW FIRM

PO BOX 2064
DECATUR, AL 35602
256-353-0550
CARL@CARLCOLELAW.COM
 DOCUMENT 79

CERVERA, RALPH, REEVES, BAKER & HASTINGS, LLC

914 S. BRUNDIDGE STREET
PO BOX 325
TROY, AL 36801
334-566-0116

CERTIFICATE OF SERVICE

I hereby certify the foregoing was filed with the Pike County Circuit Court on January 29th and
that the filing will be served on the defendants at 7325 Halcyon Summit Dr., Montgomery, AL
36124 or by AlaCourt electronic filing.