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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
KENNETH JOHNSON, ET AL.
NO.: 7:16-cv-141 (WLS)
BRIAN BELL, ET AL.
DEFENDANTS WILLIAM “WES” TAYLOR, THE LOWNDES COUNTY SCHOOL
DISTRICT, AND FRED WETHERINGTON’S NOTICE OF FILING
COME NOW Defendants William “Wes” Taylor (“Taylor”), the Lowndes County
School District (the “School District”), and Fred Wetherington (“Wetherington”) (collectively
“these defendants”), by way of special appearance and without waiving and specifically
reserving all defenses available to them, and hereby file this Notice of Filing in response to the
Court’s February 9, 2017 Order (Doc. 79 at 10) and as additional evidence in support of these
defendants’ motion to dismiss (Doc. 77). These defendants file herewith the following:
1. Superior Court of Lowndes County’s docket report in the matter of Johnson v.
Prine, Civil Action No. 2013 CV 1230, which shows that plaintiffs never filed a
motion pursuant to O.C.G.A. § 9-11-21 or obtained the required order to add the
School District as a party in that action;
Plaintiffs’ complaint against Chris Prine filed in in the matter of Johnson v. Prine,
Civil Action No. 2013 CV 1230 and all amendments thereto, which shows that
plaintiffs never asserted any substantive claims against the School District; and
Case 7:16-cv-00141-WLS Document 85 Filed 02/22/17 Page 1 of 3
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Declaration of William Wesley Taylor, which shows that neither Taylor nor the
School District were ever served with legal process in Civil Action No. 2013 CV
Additionally, plaintiffs’ deadline to respond to these defendants’ motion to dismiss (Doc.
77) expired on Tuesday, February 21, 2017. Plaintiffs did not file a response and the motion
stands unopposed. For the Court’s convenience a proposed order granting these defendants’
unopposed motion to dismiss (Doc. 77) is attached hereto.
FREEMAN MATHIS & GARY, LLP
/s/ Wayne S. Melnick
Georgia Bar No.