Searcy et al v. Bentley et al

Filing 69

ORDER DENYING Plfs' 67 Motion to Lift Stay as set out. Signed by Judge Callie V. S. Granade on 2/3/2015. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CARI D. SEARCY and KIMBERLY
MCKEAND, individually and as
parent and next friend of K.S., a
minor,
vs.

Plaintiffs,

LUTHER STRANGE, in his capacity
as Attorney General for the State of
Alabama,

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) CIVIL ACTION NO. 14-0208-CG-N
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ORDER
This matter is before the court on Plaintiffs’ Motion to Lift Stay (Doc.
67) and The Attorney General’s Response (Doc. 68). On this date, the
Eleventh Circuit Court of Appeals denied the Attorney General’s motion for
stay pending appeal in this case, and in the companion case of Strawser v.
Attorney General, State of Alabama1, which the Court of Appeals
consolidated with the appeal in this case. Plaintiffs then moved to lift the
stay imposed by this court and the Attorney General responded, saying he is
seeking a stay from the U.S. Supreme Court and further seeks to avoid any
confusion by an abrupt termination in the stay entered herein.
Plaintiffs’ motion for an immediate lift of the stay is DENIED. If the
Supreme Court denies a stay or does not rule before February 9, 2015, this
court’s stay will still remain in place until that date to allow the Probate

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Southern District of Alabama Case No. 14-00424.

Courts of this state to be completely prepared for compliance with the rulings
in this case and the Strawser case.
DONE and ORDERED this 3rd day of February, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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