DOCUMENT 18

IN THE CIRCUIT COURT FOR

MONTGOMERY COUNTY, ALABAMA
SPENCER COLLIER,
Plaintiff,
vs.
ROBERT BENTLEY, et al.,
Defendants.

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ELECTRONICALLY FILED
5/23/2016 9:52 AM
03-CV-2016-900538.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
TIFFANY B. MCCORD, CLERK

CASE NO. 03-CV-2016-900538

MOTION TO DISMISS COMPLAINT, OR IN THE ALTERNATIVE,

MOTION FOR MORE DEFINITE STATEMENT
COMES NOW Defendant Bentley for Governor, Inc. and moves the Court to dismiss
Plaintiffs Complaint, or in the alternative, moves the Court to order Plaintiff to provide a more
definite statement of the claims against it. As grounds therefore, Defendant states as follows:
1.

Plaintiffs Complaint identifies Bentley for Governor, Inc. as a party to this

action, and in Count II (Invasion of Privacy), Count IV (Defamation), and Count VIII (Wrongful
Termination) seeks judgment against Defendant Bentley for Governor, Inc. However, Plaintiff
fails to state a claim in any of these Counts and/or anywhere in the Complaint against Bentley for
Governor, Inc. As such, Plaintiffs action fails to state a claim and must be dismissed.
2.

The only basis of the Complaint against this Defendant appears to be the

allegations that Defendant Mason is an agent or servant of this Defendant. Said allegations in
this regard are insufficient and not in accordance with the Alabama Rules of Civil Procedure.
3.

The Complaint is so general, vague and/or ambiguous that Defendant cannot

reasonably frame or file a responsive motion and/or pleading. Plaintiff has failed to provide
sufficient factual descriptions of the alleged actions by this Defendant.

DOCUMENT 18

Respectfully submitted,
/s/ Benjamin J. Espy
Benjamin J. Espy (ESP005)
One of the Attorneys for Defendant
Bentley for Governor, Inc.
OF COUNSEL:
Joseph C. Espy, III (ESP002)
William M. Espy (ESP007)
MELTON, ESPY & WILLIAMS, P.C.
P.O. Drawer 5130
Montgomery, AL 36103
Telephone: 334-263-6621
Facsimile: 334-263-7252
jespy@mewlegal.com
bespy@mewlegal.com
wespy@mewlegal.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been electronically filed with the
Clerk of the Court and that a copy of same will be served electronically as listed below on this
the 23rd day of May, 2016.
/s/ Benjamin J. Espy
Of Counsel
Kenny J. Mendelsohn
Jemison & Mendelsohn
1772 Platt Place
Montgomery, Alabama 36117
kenny@jmfirm.com

Thomas E. James
Law Offices of Tommy James
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Tjameslaw1@gmail.com

Robert Bentley, Governor

Stan Stabler, Sec of ALEA
John Neiman
Maynard Cooper & Gale
1901 6th Avenue N., Suite 2400
Birmingham, AL 35203-2602
jneiman@maynardcooper.com

RCM Communications, Inc.

Rebekah Mason
Bobby Segall
Ashley Penhale
Copeland, Franco, Screws & Gill
P.O. Box 347
Montgomery, AL 36101
Segall@copelandfranco.com
Penhale@copelandfranco.com

Alabama Council For Excellent Government

Cooper Shattuck
rcoopershattuck@gmail.com
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