Central Alabama Fair Housing Center et al v. Magee et al

Filing 114

ORDER: (1) Defendant Julie Magee's 85 MOTION to Dismiss is reset for submission, without oral argument, on 1/31/2012. Motion Submission Deadline set for 1/31/2012. (2) By 1/17/2012, the defendants are to file a brief on whether the court' s preliminary injunction is still necessary. (3) By 1/24/2012, the plaintiffs are to file a brief on whether this case is moot and, if not, whether the preliminary injunction is still necessary. (4) By 1/31/2012, the defendants may file a reply. In their briefs, the parties should also address whether the court may dissolve a preliminary injunction while the injunction is on appeal. Signed by Honorable Judge Myron H. Thompson on 1/10/2012. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CENTRAL ALABAMA FAIR
HOUSING CENTER, et al.,
Plaintiffs,
v.
JULIE MAGEE, in her
official capacity as
Alabama Revenue
Commissioner, and
JIMMY STUBBS, in his
official capacity as
Elmore County Probate
Judge,
Defendants.

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CIVIL ACTION NO.
2:11cv982-MHT
(WO)

ORDER
Although defendant Julie Magee filed a motion to
dismiss on December 9, 2011, she did not raise the issue
of mootness until December 29, with the filing of an
evidentiary
Concerning

submission
Act

No.

of

2011-535,

“Revised

Instructions

Beason-Hammon

Taxpayer and Citizen Protection Act.”

Alabama

While, with a

brief filed on December 30, the plaintiffs anticipated

that Magee might be contending that this case is moot,
Magee did not formally argue the issue until she filed a
brief on January 9, 2012.

The court is also concerned

that, even if this lawsuit is not moot, the preliminary
injunction may no longer be necessary.
Accordingly, it is ORDERED as follows:
(1) Defendant Julie Magee’s motion to dismiss (Doc.
No. 85) is reset for submission, without oral argument,
on January 31, 2012.
(2) By January 17, 2012, the defendants are to file
a brief on whether the court’s preliminary injunction is
still necessary.
(3) By January 24, 2012, the plaintiffs are to file
a brief on whether this case is moot and, if not, whether
the preliminary injunction is still necessary.
(4) By January 31, 2012, the defendants may file a
reply.

2

In their briefs, the parties should also address
whether the court may dissolve a preliminary injunction
while the injunction is on appeal.
DONE, this the 10th day of January, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE