Hedgepeth et al v. Robert Bentley, et al.

Filing 38

ORDER, Plaintiffs' motion to dismiss (Doc. 34 ) is GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy Moore are hereby DISMISSED without prejudice. Signed by Judge Callie V. S. Granade on 6/22/2015. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAULA KAY HEDGEPETH, et al.,
Plaintiffs,
vs.
ROY MOORE,
Defendant.

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) CIVIL ACTION NO. 15-0067-C
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ORDER

This matter is before the court on Plaintiffs’ motion to dismiss (Doc. 34),
Judge Roy Moore’s response thereto (Doc. 36), and Moore’s notice of withdrawal of
his request to dismiss with prejudice (Doc. 37).
Defendant Bentley had previously moved to dismiss the claims against him
and after Plaintiffs failed to respond, moved for his motion to dismiss to be
considered unopposed and granted. (Doc. 33). Plaintiff then moved to voluntarily
dismiss their claims against all defendants. (Doc. 34). This court granted Plaintiff’s
motion as to Defendant Bentley but stated that unless the Attorney General and
Chief Justice Roy Moore objected on or before April 2, 2015, Plaintiffs’ motion to
dismiss would be deemed granted and all claims against these remaining
defendants would be deemed dismissed without prejudice. (Doc. 34). The Attorney
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General did not file an objection. On April 2, 2015, Chief Justice Roy Moore filed a
response, requesting that the claims against him be dismissed with prejudice. (Doc.
36). However, on June 16, 2015, Moore filed a notice of withdrawal of his request to
dismiss with prejudice. (Doc. 37). In the notice, Chief Justice Moore states that
Plaintiffs’ motion to dismiss was effective to dismiss all of Plaintiffs’ claims against
him without prejudice.
In light of Moore’s concession, Plaintiffs’ motion to dismiss (Doc. 34) is
GRANTED and all claims asserted by Plaintiffs against Chief Justice Roy
Moore are hereby DISMISSED without prejudice.
There being no further claims pending, the Clerk of Court is directed to close
the file.
DONE and ORDERED this 22nd day of June, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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