UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PLAINTIFFS RESPONSE TO MAGISTRATE JUDGE S

ORAL ORDER ON 19 APRIL 2002

Come now Plaintiffs Blackston and Barber and submits the following, as Ordered by the Magistrate Judge in the Status Conference/Hearing on 19 April 2002 at 1:30 p.m. in Room 330, Frank M. Johnson, Jr. Federal Building and United States Courthouse, 15 Lee Street, Montgomery, Alabama.

1. On 08 August 2001 and 14 August 2001, the Plaintiffs served a Subpoena Duces Tecum on Bob Bradford, Director of Finance for the Administrative Office of Courts and Lois Brasfield, an attorney for the Department of Human Resources, respectively.

2. Bob Bradford and Lois Brasfield failed to object or otherwise respond to the Subpoena Duces Tecum within 14 days after service of the subpoena.

3. Bob Bradford and Lois Brasfield failed to respond to the Subpoena Duces Tecum for approximately seven (7) months.

5. The Plaintiffs filed a Motion to Compel Non-Party Compliance with Subpoena Duces Tecum on 11 September 2001. (Doc. #110)

6. The Magistrate Judge entered an ORDER TO SHOW CAUSE why motion to compel non-party compliance should not be granted on 13 March 2002 (Doc. # 119)

7. In the Scheduling Conference on 12 April 2002, the Magistrate Judge instructed the defendants attorney to bring non-party Bob Bradford to the Status Conference/Hearing scheduled for 19 April 2002.

8. Lois Brasfield was not commanded to appear in the Status Conference/Hearing on 19 April 2002.

9. In the Status Conference/Hearing on 19 April 2002, Bob Bradford, on the witness stand under penalty of perjury, denied having been served with the Subpoena Duces Tecum and that the Subpoena Duces Tecum had somehow appeared on his desk.

10. In the Status Conference/Hearing on 19 April 2002, the Plaintiffs produced the Proof of Service that Bob Bradford was served with the Subpoena Duces Tecum by J. E. Scott, Private Investigator, 100 Commerce St., Suite 1000, Montgomery, Al 36104. (See Exhibit A, herein attached)

11. The Proof of Service indicated the Subpoena Duces Tecum was served upon Bob Bradford by personal service on 08 August 2002. (See Exhibit A, back page)

12. On hearing the evidence, the Magistrate Judge Ordered the Plaintiffs to have their process server, Mr. J. E. Scott, file an affidavit addressing the following issues: (1) Who was the subpoena served on? (2) How did Peg Walker s name get written over with Bob Bradford s name? (3) Any info Mr. Scott knows about the subpoena being placed on Bob Bradford s desk. (See Exhibit B, herein attached)

13. Additionally, the Magistrate Judge ordered the defendants attorney, Alabama Assistant Attorney General, Lavette Lyas-Brown, to obtain an AFFIDAVIT from non-party Lois Brasfield stating whether she (Brasfield) had been served with a Subpoena Duces Tecum.

14. In order to meet strict deadlines on filing the process server s AFFIDAVIT, Plaintiff Blackston was forced to travel from Birmingham to Montgomery on 24 April 2002.

Wherefore premises considered the Plaintiffs file their PLAINTIFFS RESPONSE TO MAGISTRATE JUDGE S ORAL ORDER ON 19 APRIL 2002.

Respectfully submitted on 24 April 2002

________________________

James R. Blackston

________________________

Bradley W. Barber