Case 1:15-cv-00067-CG-C Document 33 Filed 03/20/15 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAULA KAY HEDGEPETH, et al.
Plaintiffs,
vs.
ROBERT BENTLEY, etc., et al.,
Defendants.

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Civil Action No. 15-cv-0067-CG-C

MOTION TO DESIGNATE MOTION TO DISMISS OF

GOVERNOR ROBERT BENTLEY [DOC. 17]
AS UNOPPOSED AND TO GRANT MOTION
Comes Now Governor Robert Bentley, by and through counsel and, pursuant
to this Courts Order [Doc. 26], moves to designate his previously-filed Motion to
Dismiss the complaint against him [Doc. 17] as unopposed and to grant the same on
the following grounds:
1.

The Court entered its Order [Doc. 26] on March 2, 2015, requiring

Plaintiffs to respond to Governor Bentleys Motion to Dismiss by March 19, 2015;

2.

According to this Courts online docket sheet for this case, Plaintiffs did

not file any response to Governor Bentleys Motion to Dismiss as they were ordered
to do;

Case 1:15-cv-00067-CG-C Document 33 Filed 03/20/15 Page 2 of 5

3.

Governor Bentleys Motion to Dismiss is unopposed in fact and

therefore, due to be granted.

WHEREFORE PREMISES CONSIDERED, Governor Robert Bentley
respectfully requests this Court to designate his previously-filed Motion to Dismiss
as unopposed and to enter an Order dismissing him as a defendant in this case, with
prejudice.
Respectfully submitted this 20th day of March, 2015.

/s David B. Byrne, Jr.

Legal Advisor to Governor Robert Bentley
OFFICE OF THE GOVERNOR
Alabama State Capitol
600 Dexter Avenue, Suite NB-05
Montgomery, AL 36130
(334) 242-7120 P
(334) 242-2335 F
david.byrne@governor.alabama.gov
pam.chesnutt@governor.alabama.gov

Case 1:15-cv-00067-CG-C Document 33 Filed 03/20/15 Page 3 of 5

/s Algert S. Agricola, Jr.

Algert S. Agricola, Jr.
OF COUNSEL:
RYALS, DONALDSON & AGRICOLA, P.C.
60 Commerce Street, Suite 1400
Montgomery, AL 36104
(334) 834-5290 P
(334) 834-5297 F
aagricola@rdafirm.com
Attorneys for Governor Robert Bentley

Case 1:15-cv-00067-CG-C Document 33 Filed 03/20/15 Page 4 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAULA KAY HEDGEPETH, et al.
Plaintiffs,
vs.
ROBERT BENTLEY, etc., et al.,
Defendants.

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Civil Action No. 15-cv-0067-CG-C

CERTIFICATE OF SERVICE
I hereby certify that on March 20, 2015, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, which will serve electronic
notice upon the following participants:
David G. Kennedy david@kennedylawyers.com
Christine C. Hernandez christine@hernandezlaw.comcastbiz.net
James W. Davis jimdavis@ago.state.al.us
Laura E. Howell lhowell@ago.state.al.us
J. Douglas McElvy dmcelvy@mcelvylaw.com
Elizabeth C. Wible ewible@mcelvylaw.com
Herbert W. Titus wjo@mindspring.com
William J. Olson wjo@mindspring.com

Case 1:15-cv-00067-CG-C Document 33 Filed 03/20/15 Page 5 of 5

Respectfully submitted,

s/ Algert S. Agricola, Jr.

OF COUNSEL
M:\General Litigation\Governor Robert Bentley\Hedgepeth v. Davis\Pleadings\Motion to Designate.wpd