Fulton County Probate Judge Pinkie Toomer has filed a brief opposing GCO’s motion for reconsideration of the dismissal of GCO’s federal lawsuit against her.  GCO has filed a reply brief as well.  The case arose when GCO member Regis Goyke, a Wisconsin resident, asked if he could apply for a GFL, and was told he could not (he later attempted to apply at not one, but two Fulton County Probate Court offices, and was not permitted to apply or even take an application form).  The briefs may be viewed here.

GCO has asked the federal district court in Atlanta to reconsider the dismissal GCO’s challenge over non-residents not being permitted to apply for GFLs.  As grounds for the request, GCO points out that the court incorrectly determined that probate judges may not delegate their duties (multiple statutes specfically authorize it), and improperly ignored allegations stated in GCO’s complaint (which courts are required to accept as true when considering motions to dismiss).  Documents in the case may be viewed here.

GCO has responded to Fulton County Probate Judge Pinkie Toomer’s second motion to dismiss the class action against her regarding the prohibition against nonresidents’ obtaining GFLs.  The federal case seeks class certification against all probate judges in Georgia (GCO’s motion for class certification is pending).  The first motion to dismiss was made moot by GCO’s amended complaint, but Judge Toomer refused to withdraw it.  Last week, the federal court denied the first motion as moot.  The documents in the case may be viewed here.

A federal judge has denied Fulton County Probate Judge Pinkie Toomer’s first motion to dismiss GCO’s lawsuit challenging the Georgia statute prohibiting issuing GFLs to nonresidents. The motion, based on the original complaint, was dismissed as moot. Still pending is the second motion to dismiss. The judge’s order may be viewed here.

Fulton County Probate Judge Pinkie Toomer has filed a second motion to dismiss GCO’s class action against all probate judges in Georgia over the state law prohibiting non-residents from obtaining GFLs.  U.S. District Judge Clarence Cooper has yet to rule on the first motion to dismiss.  Both motions may be viewed here.

GCO has filed a reply in support of its motion for class certification in its nonresident GFL case.  The case, filed in U.S. District Court for the Northern District of Georgia, seeks to overturn Georgia’s ban on issuing GFLs to nonresidents of Georgia.  GCO asked to make the case a class action against all probate judges in the state of Georgia.  The named defendant (and putative class representative), the probate judge of Fulton County, opposes the class, saying the case is “not necessary.  GCO’s brief, and other documents in the case, can be read here.

GCO has filed an amended complaint a brief opposing the defendant’s motion to dismiss in a class action against all the probate judges in the state over whether they may refuse to issue GFLs to nonresidents.  The federal district court has not yet certified the action as a class action, but GCO has filed a motion requesting such certification (see below).  The documents in the case may be viewed here.

The judge of the Fulton County Probate Court has filed a brief opposing class certification in GCO’s case challenging the constitutionality of a state statute prohibiting GFLs to non-residents.  The brief may be read here.

Judge Pinkie Toomer of the Fulton County Probate Court filed a motion to dismiss GCO’s class action against her, claiming the federal court lacks jurisdiction to hear the case.  A copy of the brief supporting her motion can be viewed here.

GCO has filed a motion to certify the class in its case against the Fulton County probate judge over Georgia’s law requiring a GFL applicant to be a resident of Georgia.  If the judge certifies the class as requested, this case will be a class action against all probate judges in the state of Georgia, with the Fulton County judge acting as the class representative.  The brief in support of GCO’s motion may be viewed here.