LYNWOOD SMITH, District Judge
This case is before the court on plaintiffs' "Motion for Preliminary Injunction or Restraining Order." In accordance with the memorandum opinion entered contemporaneously herewith, the court finds that plaintiffs have demonstrated a substantial likelihood of success on their claim that Alabama Act No. 2010-761 violates their rights under the First and Fourteenth Amendments to the United States Constitution, and that all other requirements for granting preliminary injunctive relief have been satisfied. Accordingly, plaintiffs' motion is GRANTED, and it is ORDERED, ADJUDGED, and DECREED that defendants Joseph B. Morton, in his official capacity as State Superintendent of Education, Thomas L. White, Jr., in his official capacity as Comptroller of the State of Alabama, David Perry, in his official capacity as Director of Finance of the State of Alabama, Freida Hill, in her official capacity as Chancellor of Postsecondary Education, the City of Madison Board of Education, the Madison County Board of Education, the Huntsville City Board of Education, Robert L. Broussard, in his official capacity as the District Attorney for Madison County, and Robert T. Treese III, in his official capacity as the District Attorney for Lee County, together with their successors and all persons acting in concert with them or at their direction, be — and the same hereby are — enjoined and restrained from implementing or enforcing Alabama Act No. 2010-761. All defendants named above must honor employee requests for payroll deductions to the Alabama Education Association ("AEA"), and must remit the deducted amounts (including amounts representing contributions to "A-VOTE") to AEA.
See doc. no. 7.
Robert T. Treese III succeeded former Lee County District Attorney Nick Abbett after the commencement of this action. See Doc. no. 22, at 1 n. 1. Therefore, Mr. Treese is substituted as a party, replacing Mr. Abbett, who was sued in his official capacity only, in accordance with the following provisions of Federal Rule of Civil Procedure 25:
An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending.
The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
Fed.R.Civ.P. 25(d) (emphasis supplied).
This order expressly does not apply to defendant Dr. Robert J. Bentley, M.D., who is sued in his official capacity as Governor of the State of Alabama and President of the State School Board, because substantial issues exist with regard to this court's subject matter jurisdiction over plaintiffs' claims against Governor Bentley. Plaintiffs must file a written response to the "Motion to Dismiss for Lack of Jurisdiction" filed by defendant Governor Robert Bentley, as well as the "Motion to Dismiss, for Judgment on the Pleadings, or for Summary Judgment by Defendants Joseph B. Morton, Superintendent, Freida Hill, Chancellor, and Robert T. Treese III, Lee County District Attorney," on or before April 8, 2011.
See Memorandum Opinion entered contemporaneously herewith, at 1 n. 1.
Doc. no. 33.
Doc. no. 28.
Finally, plaintiffs must post a bond, with security satisfactory to the Clerk, in the amount of $25,000.00, no later than the close of business on March 23, 2011, in order to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. Fed.R.Civ.P. 65(c).
DONE and ORDERED.