Inniss et al v. Aderhold et al

Filing 57

RESPONSE re 53 Unopposed MOTION to Stay Proceedings Pending a Ruling by the United States Supreme Court filed by Brook Davidson. (Walker, Robert)

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,

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)
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)
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Plaintiffs,
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) CIVIL ACTION
v.
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) FILE NO. 1:14-cv-01180-WSD
DEBORAH ADERHOLD, in her official
)
capacity as State Registrar and Director of
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Vital Records; BROOK DAVIDSON, in her )
official capacity as Clerk of Gwinnett County )
Probate Court; and the Honorable Judge
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PINKIE TOOMER, in her official capacity as )
Judge of Fulton County Probate Court,
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Defendants.
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DEFENDANT BROOK DAVIDSON’S RESPONSE TO MOTION TO STAY
COMES NOW, Brook Davidson, in her official capacity as Clerk of
Gwinnett County Probate Court (hereinafter “Defendant Davidson”), and files this
her Response to Defendant Aderhold and Defendant Fenton’s Unopposed Motion
to Stay Proceedings Pending a Ruling by the United States Supreme Court
(hereinafter “Motion to Stay”), and in support thereof respectfully shows the Court
the following:
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Defendant Davidson previously filed her Answer and Defenses to Plaintiffs’
Class Action Complaint for Injunctive and Declaratory Relief on July 21, 2014.
(See Doc. No. 31). Thereafter, on July 31, 2014, Plaintiffs filed their unopposed
motion for leave to amend their complaint. (See Doc. No. 35). Said motion was
granted on the same date, and it was also ordered that the Defendants who had
answered the previously filed complaint, which included Defendant Davidson,
were relieved of any obligation to answer the amended complaint. (See Doc. No.
35).
After this Court’s January 8, 2015 denial of Defendants Aderhold’s and
Fenton’s Motion to Dismiss the Amended Complaint, on January 20, 2015, the
same Defendants filed their Motion to Stay. (See Doc. Nos. 49 and 53). On
January 23, 2015, this Court issued an Order requesting that Plaintiffs and
Defendants Davidson and Toomer, file their response to the Motion to Stay, on or
before January 28, 2015, so that the Court can determine whether a Stay is
warranted. (See Doc. No. 56).
Defendant Davidson acknowledges and agrees that Fed. Rule of Civil
Procedure 26 gives trial courts broad discretion to alter the sequence of discovery
for the convenience of the parties and in the interests of justice. Fed. R. Civ. P.
26(d). Defendant Davidson also agrees, based upon the issues framed by the

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United States Supreme Court in its recent January 16, 2015 grant of certiorari in
the four cases cited in the Motion to Stay, that the Supreme Court’s decision on the
stated issues will likely guide the future path of the present action. As a result,
Defendant Davidson believes that a stay of the proceedings in this Court would be
appropriate until the Supreme Court rules on the cases cited in its recent January
16, 2015 grant of certiorari. Therefore, Defendant Davidson consents to and
hereby joins into the request for the grant of the Motion to Stay in this action.
This 26th day of January, 2015.
Respectfully submitted,
/s/ Frank E. Jenkins, III
Georgia Bar No. 390550
Attorney for Defendant Davidson
/s/ Robert L. Walker
Georgia Bar No. 554985
Attorney for Defendant Davidson
JENKINS & BOWEN, P.C.
15 South Public Square
Cartersville, Georgia 30120
[phone] – Tel
[phone] – Fax
[e-mail]
[e-mail]

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/s/ Van Stephens
Georgia Bar No. 679950
Attorney for Defendant Davidson
Gwinnett County Department of Law
75 Langley Drive
Lawrenceville, Georgia 30046-6935
[phone] – Tel
[phone] – Fax
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on January 26, 2015, I electronically filed Defendant
Brook Davidson’s Response to Motion to Stay with the Clerk of Court using the
CM/ECF system which will automatically send email notification of such filing to
the following attorneys of record:
Tara L. Borelli, [e-mail]
Kaye Woodard Burwell, [e-mail]
William Vance Custer, IV, [e-mail]
Jennifer Burch Dempsey, [e-mail]
David P. Draigh, [e-mail]
Diana L. Freeman, [e-mail]
Luke A. Lantta, [e-mail]
Elizabeth Lynn Littrell, [e-mail]
Gregory R. Nevins, [e-mail]
Jennifer Devine Odom, [e-mail]
Devon Orland, [e-mail]
Susan L. Sommer, [e-mail]
R. David Ware, [e-mail]
Douglas E. Winter, [e-mail]

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Britt Grant, [e-mail]
Van Stephens, [e-mail]
Eddie Snelling, Jr., [e-mail]
I further certify that this document has been prepared with one of the font
and point selections approved by the Court in LR 5.1(B) (Times New Roman 14
point).
Respectfully submitted,
JENKINS & BOWEN, P.C.

/s/ Robert L. Walker
Georgia Bar No. 390550
Robert L. Walker
Georgia Bar No. 554985
Attorneys for Defendant Davidson
15 South Public Square
Cartersville, Georgia 30120
[phone] – Tel
[phone] – Fax
[e-mail]
[e-mail]

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