Case: Say v. Adams

3:07-cv-00377 | U.S. District Court for the Western District of Kentucky

Filed Date: July 18, 2007

Closed Date: May 12, 2009

Clearinghouse coding complete

Case Summary

On July 18, 2007, attorneys for the ACLU of Kentucky Foundation, Inc. and private counsel filed suit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 on behalf of a lawful permanent resident living in Kentucky, challenging a Kentucky statute, §1 KRS 237.110, which barred resident aliens from obtaining licenses to carry a concealed deadly weapon. Plaintiff alleged that the U.S. citizenship requirement of the concealed carry law violated equal protection. Pl…

On July 18, 2007, attorneys for the ACLU of Kentucky Foundation, Inc. and private counsel filed suit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 on behalf of a lawful permanent resident living in Kentucky, challenging a Kentucky statute, §1 KRS 237.110, which barred resident aliens from obtaining licenses to carry a concealed deadly weapon. Plaintiff alleged that the U.S. citizenship requirement of the concealed carry law violated equal protection. Plaintiff sought declaratory and injunctive relief, as well as monetary damages.

Shortly after filing suit, plaintiff moved for a preliminary injunction, which the court granted on March 13, 2008. The following month, the defendant filed a Motion to Dismiss, arguing that the action was moot because the law had been amended to remove the citizenship requirement. On June 16, 2008, the court entered an order converting the preliminary injunction into a permanent injunction. The parties then disagreed about the awarding of attorney fees and costs. In March 2009, the court granted attorneys fees and costs to the plaintiffs, but did reduce the amount requested. This case was closed in May 2009.

Summary Authors

Elizabeth Daligga (7/3/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4268579/parties/say-v-adams/


Judge(s)
Attorney for Plaintiff

Foster, Patricia A. (Ohio)

Friedman, David A. (Kentucky)

Harrison, Jack B. (Ohio)

Attorney for Defendant

Lilly, N. Scott (Kentucky)

Lynn, Stephen D. (Kentucky)

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Documents in the Clearinghouse

Document

3:07-cv-00377

Docket (PACER)

Say v. Adams

May 12, 2009

May 12, 2009

Docket
1

3:07-cv-00377

Verified Complaint

July 18, 2007

July 18, 2007

Complaint
4

3:07-cv-00377

Plaintiff's Motion for Preliminary Injunction

July 20, 2007

July 20, 2007

Pleading / Motion / Brief
21

3:07-cv-00377

Memorandum Opinion

March 13, 2008

March 13, 2008

Order/Opinion

2008 WL 2008

23

3:07-cv-00377

Motion to Dismiss

April 15, 2008

April 15, 2008

Pleading / Motion / Brief
30

3:07-cv-00377

Proposed Order

June 25, 2008

June 25, 2008

Order/Opinion
36

3:07-cv-00377

Memorandum Opinion

March 24, 2009

March 24, 2009

Order/Opinion

2009 WL 2009

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268579/say-v-adams/

Last updated March 22, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Adams, John Aubrey Filing fee $ 350, receipt number 567622, filed by Alexander M. Say. (Attachments: # (1) Cover Sheet # (2) Summons John Adams# (3) Summons John Aubrey)(CSD) Additional attachment(s) added on 7/23/2007 (CSD).

1

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2 Cover Sheet

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3 Summons John Adams

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4 Summons John Aubrey

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5 Cover Sheet

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July 18, 2007

July 18, 2007

RECAP
2

Case Assignment (Random Selection): Case Assigned to Judge Thomas B. Russell. Magistrate designation: USMJ Dave Whalin. (CSD)

July 18, 2007

July 18, 2007

PACER
3

Summons Issued as to John Adams, John Aubrey. (Attachments: # (1) Summons Col. John Aubrey)(CSD)

2 Summons Col. John Aubrey

View on PACER

July 18, 2007

July 18, 2007

PACER
4

MOTION for Preliminary Injunction by Alexander M. Say. Responses due by 8/7/2007 (Attachments: # (1) Memorandum in Support # (2) Proposed Order)(Harrison, Jack)

1 Memorandum in Support

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2 Memorandum in Support

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3 Proposed Order

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July 20, 2007

July 20, 2007

PACER
5

SUMMONS Returned Executed by Alexander M. Say as to John Adams served on 7/23/2007, answer due 8/13/2007. (Attachments: # (1) Receipt)(Harrison, Jack)

2 Receipt

View on PACER

Aug. 1, 2007

Aug. 1, 2007

PACER
6

SUMMONS Returned Executed by Alexander M. Say as to John Aubrey served on 7/23/2007, answer due 8/13/2007. (Attachments: # (1) Receipt)(Harrison, Jack)

2 Receipt

View on PACER

Aug. 1, 2007

Aug. 1, 2007

PACER
7

ANSWER to Complaint by John Adams.(Wright, Roger)

Aug. 6, 2007

Aug. 6, 2007

RECAP
8

RESPONSE to Motion re [4] MOTION for Preliminary Injunction by John Adams. Replies due by 8/21/2007. (Attachments: # (1) Proposed Order)(Wright, Roger)

1

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2 Proposed Order

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Aug. 7, 2007

Aug. 7, 2007

RECAP
9

REPLY re [8] Response to Motion in Support of Motion for Preliminary Injunction by Alexander M. Say. (Harrison, Jack)

Aug. 21, 2007

Aug. 21, 2007

PACER
10

ORDER by Judge Thomas B. Russell (EBOC) on 09/26/2007; Scheduling Conference set for 10/18/2007 09:15 AM EDT in Teleconference before Judge Thomas B. Russell.cc:Counsel (CSD)

Sept. 26, 2007

Sept. 26, 2007

PACER
11

MOTION for Entry of Default as to Defendant Col. John Aubrey in his Official Capacity as Jefferson County Sheriff by Alexander M. Say.Responses due by 10/15/2007 (Attachments: # (1) Affidavit of Jack Harrison in Support of Request for Entry of Default by the Clerk) (Harrison, Jack) Modified on 9/28/2007 to correct motion relief(CSD). Additional attachment(s) added on 9/28/2007 (Debow, Carolyn).

2 Affidavit of Jack Harrison in Support of Request for Entry of Default by the Cle

View on PACER

3 Proposed Order

View on PACER

Sept. 27, 2007

Sept. 27, 2007

PACER
12

ERROR: DOCUMENT SHOULD HAVE BEEN FILED AS ATTACHMENT; attached to DN [11] by Clerk (CSD).

Sept. 28, 2007

Sept. 28, 2007

PACER
13

NOTICE by Alexander M. Say re [11] MOTION for Entry of Default to Withdraw Reqeust for Entry of Default By The Clerk (Harrison, Jack)

Oct. 8, 2007

Oct. 8, 2007

PACER
14

ANSWER to Complaint by John Aubrey. (Lilly, N.)

Oct. 9, 2007

Oct. 9, 2007

PACER
15

NOTICE of Appearance by William E. Sharp on behalf of Alexander M. Say (Sharp, William)

Oct. 17, 2007

Oct. 17, 2007

PACER
16

REPORT of Rule 26(f) Planning Meeting by Alexander M. Say. (Harrison, Jack)

Oct. 17, 2007

Oct. 17, 2007

RECAP
17

NOTICE of Appearance by David A. Friedman on behalf of Alexander M. Say (Friedman, David)

Oct. 18, 2007

Oct. 18, 2007

PACER
18

NOTICE by Alexander M. Say Certifying Compliance with Requirements of FRCP 5.1 Regarding Notice to Commonwealth Attorney General of Constitutional Challenge (Attachments: # (1) Exhibit Proof of Service on Kentucky Attorney General) (Harrison, Jack)

2 Exhibit Proof of Service on Kentucky Attorney General

View on PACER

Nov. 6, 2007

Nov. 6, 2007

PACER
19

NOTICE/ORDER by Judge Thomas B. Russell on 11/19/2007 re certification to the Attorney General of Kentucky. cc:Counsel, Attorney General of Kentucky (CSD)

Nov. 19, 2007

Nov. 19, 2007

PACER
20

NOTICE by John Adams of Intent Not to Intervene (Cross, Jeffrey)

Jan. 18, 2008

Jan. 18, 2008

PACER
21

MEMORANDUM AND OPINION by Judge Thomas B. Russell on 03/13/2008;appropriate order shall issue.cc:counsel (CSD)

March 14, 2008

March 14, 2008

RECAP
22

ORDER granting [4] Motion for Preliminary Injunction. Signed by Judge Thomas B. Russell on 03/13/2008. cc:counsel (CSD)

March 14, 2008

March 14, 2008

PACER
23

MOTION to Dismiss Action As Moot by Defendant John Adams Responses due by 5/5/2008 (Attachments: # (1) Proposed Order, # (2) Exhibit House Bill 639, # (3) Exhibit House Bill 639 Vote History) (Wright, Roger)

2 Proposed Order

View on PACER

3 Exhibit House Bill 639

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4 Exhibit House Bill 639 Vote History

View on PACER

April 15, 2008

April 15, 2008

PACER
24

Proposed Agreed Order extending time to respond re [23] MOTION to Dismiss Action As Moot by Alexander M. Say, John Adams. (Friedman, David) Modified on 5/6/2008 to add "agreed" to docket text; e-filer advised of correct event (CSD).

May 5, 2008

May 5, 2008

RECAP
25

ORDER by Judge Thomas B. Russell on 05/12/2008 extending time for plaintiff to file response re [23] MOTION to Dismiss Action As Moot to 6/4/2008.cc:counsel (CSD)

May 13, 2008

May 13, 2008

PACER
26

NOTICE by John Adams Offer Of Judgment (Attachments: # (1) Proposed Order) (Wright, Roger)

2 Proposed Order

View on PACER

June 2, 2008

June 2, 2008

PACER
27

Proposed Agreed Order/Stipulation for supplemental extension by Alexander M. Say, John Adams. (Friedman, David)

June 4, 2008

June 4, 2008

PACER
28

AGREED ORDER by Judge Thomas B. Russell on 06/06/2008 extending deadline for plaintiff to respond re [23] MOTION to Dismiss to 6/16/2008)cc:counsel (CSD)

June 9, 2008

June 9, 2008

PACER
29

Joint MOTION for Permanent Injunction and to set fees briefing schedule by Plaintiff Alexander M. Say, Defendant John Adams Responses due by 7/7/2008 (Attachments: # (1) Proposed Order entering partial judgment and setting briefing schedule on fees) (Friedman, David)

2 Proposed Order entering partial judgment and setting briefing schedule on fees

View on PACER

June 16, 2008

June 16, 2008

PACER
30

ORDER granting [29] Motion to convert preliminary injunction into Permanent Injunction; motion for atty fees due within 30 days. Signed by Judge Thomas B. Russell on 06/24/2008. cc:counsel (CSD)

June 25, 2008

June 25, 2008

PACER
31

MOTION for Attorney Fees and costs by Plaintiff Alexander M. Say Responses due by 8/11/2008 (Attachments: # (1) Memorandum in Support of fees and costs motion, # (2) Exhibit Ex. 1: Harrison affidavit and time and cost records, # (3) Exhibit Ex. 2: Foster affidavit and time records, # (4) Exhibit Ex. 3: Razzaghi affidavit and time records, # (5) Exhibit Ex. 4: Friedman declaration and time records, # (6) Exhibit Ex. 5: Sharp declaration and time records, # (7) Exhibit Ex. 6: Tachau declaration, # (8) Proposed Order awarding fees and costs) (Friedman, David)

1 Memorandum in Support of fees and costs motion

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2 Memorandum in Support of fees and costs motion

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3 Exhibit Ex. 1: Harrison affidavit and time and cost records

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4 Exhibit Ex. 2: Foster affidavit and time records

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5 Exhibit Ex. 3: Razzaghi affidavit and time records

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6 Exhibit Ex. 4: Friedman declaration and time records

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7 Exhibit Ex. 5: Sharp declaration and time records

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8 Exhibit Ex. 6: Tachau declaration

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9 Proposed Order awarding fees and costs

View on PACER

July 24, 2008

July 24, 2008

RECAP
32

RESPONSE to Motion re [31] MOTION for Attorney Fees and costs In Partial Opposition filed by John Adams. Replies due by 8/20/2008. (Attachments: # (1) Proposed Order, # (2) Appendix Elliot v. Metropolitan Life Ins. Co., 2007 WL 4192001 (E.D.Ky. 2007), # (3) Appendix In Re Subpoena To Kasten, 2008 WL 1908755 (E.D.Ky. 2008), # (4) Appendix Texler v. County of Summit Bd. of Mental Retardation and Developmental Disabilities, 25 F.3d 1050 (6th Cir. 1994)(1994 WL 252938)) (Wright, Roger)

2 Proposed Order

View on PACER

3 Appendix Elliot v. Metropolitan Life Ins. Co., 2007 WL 4192001 (E.D.Ky. 2007)

View on PACER

4 Appendix In Re Subpoena To Kasten, 2008 WL 1908755 (E.D.Ky. 2008)

View on PACER

5 Appendix Texler v. County of Summit Bd. of Mental Retardation and Developmental

View on PACER

Aug. 6, 2008

Aug. 6, 2008

PACER
33

Unopposed MOTION for Extension of Time to File Response/Reply as to [31] MOTION for Attorney Fees and costs, [32] Response to Motion,, by Plaintiff Alexander M. Say Responses due by 9/2/2008 (Attachments: # (1) Proposed Order) (Friedman, David)

2 Proposed Order

View on PACER

Aug. 20, 2008

Aug. 20, 2008

PACER
34

AGREED ORDER by Judge Thomas B. Russell on 8/21/08: Pla is granted an ext of time up to and including 8/25/08 to file reply brief in support of motion for attorneys' fees and costscc:counsel (KJS)

Aug. 22, 2008

Aug. 22, 2008

PACER
35

REPLY to Response to Motion re [31] MOTION for Attorney Fees and costs filed by Alexander M. Say. (Attachments: # (1) Exhibit Declaration of David A. Friedman) (Friedman, David)

2 Exhibit Declaration of David A. Friedman

View on PACER

Aug. 26, 2008

Aug. 26, 2008

PACER
36

MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 03/24/2009 re [31] MOTION for Attorney Fees and costs filed by Alexander M. Say; order to issue this date. cc:counsel (CSD)

March 25, 2009

March 25, 2009

RECAP
37

ORDER granting in part and denying in part [31] Motion for Attorney Fees in the amount of $44,545.87. Signed by Chief Judge Thomas B. Russell on 03/24/2009. cc:counsel (CSD)

March 25, 2009

March 25, 2009

RECAP
38

NOTICE Of Satisfaction Of Judgment by John Adams (Wright, Roger)

May 12, 2009

May 12, 2009

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2007

Closing Date: May 12, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Resident alien challenging Kentucky statutory bar prohibiting resident aliens from obtaining permit to to carry a concealed deadly weapon (CCWD license).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of Kentucky State Police Headquarters, State

Jefferson County (Jefferson), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

National origin discrimination

Immigration/Border:

Constitutional rights