AlaFile E-Notice
05-CV-2022-900402.00
Judge: SCOTT P. TAYLOR
To: BAIN CHARLES MARK
[email protected]
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA
KERRY DEFELIPPO V. ALABAMA HIGH SCHOOL ATHLETIC ASSOCIATION
05-CV-2022-900402.00
The following matter was FILED on 5/1/2022 11:34:36 AM
C001 DEFELIPPO KERRY
PLAINTIFF'S MOTION TO DISMISS
[Filer: ALLEN DAVID MCCORMACK]
Notice Date: 5/1/2022 11:34:36 AM
JODY L. WISE
CIRCUIT COURT CLERK
BALDWIN COUNTY, ALABAMA
312 COURTHOUSE SQUARE
SUITE 10
BAY MINETTE, AL, 36507
251-937-9561
[email protected]
DOCUMENT 37
ELECTRONICALLY FILED
5/1/2022 11:35 AM
STATE OF ALABAMA Revised 3/5/08 Case No. 05-CV-2022-900402.00
Unified Judicial System CIRCUIT COURT OF
05-BALDWIN District Court Circuit Court BALDWIN COUNTY, ALABAMA
CV202290040200
JODY L. WISE, CLERK
CIVIL MOTION COVER SHEET
KERRY DEFELIPPO V. ALABAMA HIGH SCHOOL Name of Filing Party:C001 - DEFELIPPO KERRY
ATHLETIC ASSOCIATION
Name, Address, and Telephone No. of Attorney or Party. If Not Represented. Oral Arguments Requested
DAVID M. ALLEN
209 N. Joachim Street
Mobile, AL 36603
Attorney Bar No.: ALL109
TYPE OF MOTION
Motions Requiring Fee Motions Not Requiring Fee
Default Judgment ($50.00) Add Party
Joinder in Other Party's Dispositive Motion Amend
(i.e.Summary Judgment, Judgment on the Pleadings, Change of Venue/Transfer
orother Dispositive Motion not pursuant to Rule 12(b))
($50.00) Compel
Judgment on the Pleadings ($50.00) Consolidation
Motion to Dismiss, or in the Alternative Continue
SummaryJudgment($50.00) Deposition
Renewed Dispositive Motion(Summary Designate a Mediator
Judgment,Judgment on the Pleadings, or other Judgment as a Matter of Law (during Trial)
DispositiveMotion not pursuant to Rule 12(b)) ($50.00)
Disburse Funds
Summary Judgment pursuant to Rule 56($50.00)
Extension of Time
Motion to Intervene ($297.00)
In Limine
Other
Joinder
pursuant to Rule ($50.00)
More Definite Statement
*Motion fees are enumerated in §12-19-71(a). Fees Motion to Dismiss pursuant to Rule 12(b)
pursuant to Local Act are not included. Please contact the New Trial
Clerk of the Court regarding applicable local fees.
Objection of Exemptions Claimed
Local Court Costs $ 0 Pendente Lite
Plaintiff's Motion to Dismiss
Preliminary Injunction
Protective Order
Quash
Release from Stay of Execution
Sanctions
Sever
Special Practice in Alabama
Stay
Strike
Supplement to Pending Motion
Vacate or Modify
Withdraw
Other
pursuant to Rule (Subject to Filing Fee)
Check here if you have filed or are filing contemoraneously Signature of Attorney or Party
with this motion an Affidavit of Substantial Hardship or if you
Date:
/s/ DAVID M. ALLEN
are filing on behalf of an agency or department of the State,
county, or municipal government. (Pursuant to §6-5-1 Code
5/1/2022 11:33:38 AM
of Alabama (1975), governmental entities are exempt from
prepayment of filing fees)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
DOCUMENT 38
ELECTRONICALLY FILED
5/1/2022 11:35 AM
05-CV-2022-900402.00
CIRCUIT COURT OF
BALDWIN COUNTY, ALABAMA
JODY L. WISE, CLERK
IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA
KERRY DEFELIPPO as parent and
Next friend and on behalf of their son
ANTHONY DEFELIPPO,
Plaintiff,
vs. CV-2022-900402.00
ALVIN BRIGGS, individually, and
as Director of the Alabama High School
Athletic Association,
Defendants
PLAINTIFF’S MOTION TO DISMISS
Comes now the above referenced Plaintiffs, by and through undersigned counsel, and
hereby file this Motion to Dismiss. Plaintiffs offer the following in support thereof:
1. Despite this Honorable Court’s order, the Defendants failed to allow Plaintiff and his
team to participate in the 6A High School soccer playoffs.
2. The first round of the playoffs has since concluded and there is no relief this Honorable
Court can order that could restore the season.
3. The Defendant’s arbitrary and capricious eligibility determination has ruined the high
school athletic experience for the Plaintiff and dozens of students and their families.
4. The Defendants and the officials that supported this decision deserve all the public
scrutiny and disdain that they have received.
5. Although legal sanctions are appropriate for Defendant’s intentional disregard of a
Circuit Court order, there is no sanction that could restore Plaintiff’s rightful place in
the playoffs.
WHEREFORE, premises considered, the Plaintiff hereby Motions this Honorable Court to
dismiss the above-styled action.
DOCUMENT 38
Respectfully submitted this 1st day of May, 2022.
s/ David M. Allen
DAVID M. ALLEN
Attorney for Plaintiffs
(ALL109)
THE LAW OFFICES OF DAMRICH & ALLEN
David M. Allen, LLC
214 S. Lawrence Street
Mobile, Alabama 36602
(251) 444-1444
[email protected]
CERTIFICATE OF SERVICE
I do hereby certify that on 1st day of May, 2022, a copy of the foregoing pleading
was served on opposing counsel, C. Mark Bain, either through U.S. Mail, electronic mail,
fax, or through the Alafile system.
C. Mark Bain
Melton, Espy & Williams, PC
Post Office Drawer 5130
Montgomery, AL 36103-5130
s/ David M. Allen
DAVID M. ALLEN
Attorney at Law
