ELECTRONICALLY FILED 1/6/2012 10:05 AM CV-2011-002321.

00 CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BIRMINGHAM DIVISION

ALBERT E. HENDERSHOT, JR. Plaintiff,

CIVIL ACTION NO. CV-2011-02321 (JUDGE HELEN SHORES LEE)

v.
MARK KENNEDY, CHAIRMAN OF THE ALABAMA DEMOCRATIC PARTY, Defendant.

DEFENDANT'S OPPOSITION TO MOTION FOR A STAY

COMES NOW the Defendant Mark Kennedy, in his capacity as Chairman of the Alabama Democratic Party, and respectfully responds in opposition to the Plaintiffs "Motion for a Stay of Expedited Status Conference" in this matter. As grounds in opposition to this motion, the Defendant states as follows: 1. 2. The present action was filed on December 14, 2011. 1 The present action seeks, among other relief, a preliminary injunction against

Defendant Kennedy in his capacity as ChaiIman of the Alabama Democratic Party "to prevent certification of [President Barack] Obama for 2012 Alabama ballot access pending final hearing based on factual evidentiary findings." (Plaintiffs Motion for Preliminary Injunction at -,r 1). The pro se Plaintiffs Motion for Preliminary Injunction also seeks an evidentiary hearing at which the President of the United States would be required to produce his "original long form bilih celiificate and microfiche copy of such original birth ceIiificate," along with the "[0]riginal

The Defendant has never been served with the Complaint in this matter but has decided to waive service in an effort to get this case resolved as expeditiously as possible.
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application" for President Obama's Social Security number. In his accompanying affidavit, the Plaintiff asserts that the President's bilih certificate is a "forgery" and that President Obama is using a "fraudulently obtained Social Security number." 3. The Defendant is required by law to certify the candidates for the 2012 Alabama

Democratic Primary no later than January 19,2012. 4. On January 1, 2012 Defendant Kennedy filed a Motion for Expedited Status

Conference. On January 4, 2012 this COUli scheduled a hearing on the Defendant's motion for January 9, 2012. 5. On January 5, 2012 the Plaintiff filed a "Motion for a Stay of Expedited Status

Conference." In his motion, the Plaintiff asserts that while he filed the present case without the benefit of counsel, he has now allegedly retained a California lawyer to represent him. 6. While Defendant Kennedy believes that this matter would celiainly benefit from

the involvement of qualified and eligible counsel to advise and assist the Plaintiff, the California lawyer identified by the Plaintiff is not licensed in Alabama and has not complied with the requirements for admission pro hac vice provided for in Rule VII of the Rules Governing Admission to the Alabama State Bar. See, e.g., Ex parte Maples, 885 So.2d 845, 850 (Ala.Crim.App. 2004) ("To be admitted pro hac vice, an out-of-state attorney must associate a local attorney.,,).2

2 Even if Plaintiffs California counsel is somehow able to secure local counsel and comply with the Bar's admission rules, the Defendant will likely oppose her pro hac application based on her long and sordid history of sanctions and other unprofessional conduct. See, e.g., See Rhodes v. MacDonald, 670 F.Supp.2d 1363 (M.D. Ga. 2009), ajJ'd., 368 Fed.Appx 949 (11th Cir. 2010) ($20,000 in sanctions). "The grant of admission to a nomesident attorney to appear in this court pro hac vice is not a right but a privilege, 'the granting of which is a matter of grace resting in the sound discretion of the presiding judge.'" Steinbuch v. Cutler, 463 F.Supp.2d 4, 7 (D.D.C. 2006). 2

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More importantly, the continuance requested by the Plaintiff should be denied on

the grounds that the Plaintiff elected to file this astonishing proceeding and seek the extraordinary remedy of a preliminary injunction with full knowledge that the Alabama Democratic Primary is looming and that Defendant Kennedy has a statutory deadline of January 19, 2012 to certifY candidates for inclusion on the primary ballot. For the Plaintiff to suggest that he was somehow taken by surprise when the Defendant opposed his requested relief by relying on established constitutional and legal principles strains credibility. In addition, the Plaintiff has had many months to retain counsel, yet he apparently waited until after this case was pending and this COUli had scheduled a hearing to attempt to do so. 8. This matter is due to be summarily dismissed and the sooner the better.

WHEREFORE, the Defendant respectfully asks this Honorable Court to deny the Plaintiffs "Motion for a Stay of Expedited Status Conference."

/s/ Barrv A. Ragsdale Barry A. Ragsdale (RAG003) MeaghanE. Ryan (RYA020)

OF COUNSEL: SIROTE & PERMUTT, PC 2311 Highland Avenue South Post Office Box 55727 Birmingham, AL 35255-5727 Tel.: 205-930-5100 Fax: 205-930-5101 bragsdale@sirote.com mryan@sirote.com

Attorneys for Defendant

CERTIFICATE OF SERVICE
I hereby certify that on January 6th, 2012, I electronically filed the foregoing with the Clerk of the Court using the AlaFile e-filing system, and have served a copy of same via U.S. Mail, postage prepaid, and by email to the following: Albert A. Hendershot, J1'. 3186 Highland Drive Birmingham, AL 35205

lsi Barrv A. Ragsdale Of Counsel