Inniss et al v. Aderhold et al

Filing 47

NOTICE Of Filing Supplemental Authority by Deborah Aderhold, Monica P. Fenton (Attachments: # 1 Exhibit A Opinion, # 2 Exhibit B Supreme Court Docket Page)(Orland, Devon)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Christopher Inniss and Shelton Stroman; Rayshawn Chandler and Avery Chandler; Michael Bishop And Johnny Shane Thomas; and Jennifer Sisson, on behalf of Themselves and all others similarly situated, Plaintiffs, v. Deborah Aderhold et al, Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil Action Number 1:14-CV-01180-WSD NOTICE OF FILING SUPPLEMENTAL AUTHORITY COME NOW Defendant Aderhold and Defendant Fenton (hereinafter Defendants), by and through counsel, and hereby submit supplemental authority in support of their motion to dismiss Plaintiffs’ complaint: 1. Defendants’ Motion to Dismiss is fully briefed and pending before this Court. 2. Subsequent to Defendants’ filing of their reply brief the Sixth Circuit Court of Appeals issued an opinion on the exact issue pending before this Court. A copy of this opinion is attached as exhibit A to this filing. 3. After the Sixth Circuit decision, the Plaintiffs immediately filed a petition for Certiorari which is pending in front of the United States Supreme Court. A copy of the Supreme Court docket is attached as exhibit B to this filing. 4. The Sixth Circuit’s decision mirrors the arguments presented by the Defendants in the instant case and thus represents persuasive authority. Respectfully submitted, SAMUEL S. OLENS Attorney General 551540 KATHLEEN M. PACIOUS Deputy Attorney General 558555 /s/ Nels Peterson 101074 Solicitor General Counsel for Defendant Aderhold and Fenton /s/ Devon Orland 554301 Senior Asst. Attorney General Counsel for Defendant Aderhold and Fenton 2 CERTIFICATE OF SERVICE I hereby certify that on this date I have electronically filed the foregoing SUPPLEMENTAL AUTHORITY using the CM/ECF system which will automatically send electronic mail notification of such filing to counsel of record as follows: Tara Borelli William Custer Jennifer Odom Jennifer Dempsey Luke Lantta I hereby certify that I have mailed by United States Postal Service the document to the following non-CM/ECF participants: NONE Done this 24th day of November, 2014. /s/ Devon Orland 40 Capitol Square, S.W. Atlanta, Georgia 30334-1300 Telephone: (404) 463-8850 Facsimile: (404) 651-5304 3

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