IN THE CIRCUIT COURT FOR SHELBY COUNTY, ALABAMA ELECTRONICALLY FILED 6/10/2015 12:24 PM 58-DR-2013-900613.00 CIRCUIT COURT OF SHELBY COUNTY, ALABAMA MARY HARRIS, CLERK KATHERINE MARIE DAVENPORT Plaintiff vs, ANDREW ATKINS DAVENPORT Defendant ) ) ) CIVIL ACTION NO. ) ) 58 DR 2013-900613.00 DAC ) Consolidated with 58 DR 2013-900665 ) ) ) VERIFIED EMERGENCY MOTION FOR RESTRAINING ORDER AND EMERGENCY MOTION TO SEAL CASE Comes now the Defendant, Andrew Atkins Davenport, and respectfully requests that an emergency hearing be set and a Restraining Order be issued as well as an Order sealing the entire case record and for grounds states as follows: 1. The Court entered its Final Judgment of Divorce herein on June 3, 2015, regarding all issues previously pending before this Court. 2. That the Plaintiff, Katherine Marie Davenport, did and/or caused to be done the following: On or about June 4, 2015, Plaintiff did send or cause to be sent a "Petition" requesting signatures along with numerous photographs of the minor children via social media to, among others, CNN, President Barack Obama, NBC, CBS, ABC, Alabama Governor; President of the United States, Governor Chris Christie, FOX News, FOX Broadcasting Company, Alabama State Senate, various state representatives, Facebook, and Twitter, etc. This "Petition" and postings on social media contain current photographs and identifying information of the minor children of the parties herein. Plaintiff has continued "sharing" this post on her social media page asking for Davenport v, Davenport \\fhdata\tmdocs\109073-001\PLEAD\264210.WPD Case No. 58 DR 201 3-613.00 GDR Emergency Motion for Restraining Order and to Seal Record signatures on the "Petition" created on the web site "Change.org", thereby repeatedly exploiting the children by presenting their photographs and identifying information on said social media sites. See copies attached. 3. Defendant also avers that this is a custody matter involving issues which arc of a sensitive nature and in order to protect the best interest of the minor children involved herein, Defendants respectfully requests that this file be placed under seal. Wherefore, the Defendant requests this Court set an emergency hearing and issue an emergency order instructing the Plaintiff, Katherine Marie Davenport, to cease and desist posting photographs of the minor children of the parties, and further order the Plaintiff to instruct her family to cease and desist postings photographs of the minor children involved herein, as well as their identifying information. Plaintiff's actions are irresponsible and could place the children in danger, and while her conduct is detrimental to the Defendant, it is most specifically detrimental to the minor children of the parties. This type of posting exploits and endangers the minor children's health, safety, and well-being. Defendant is afraid that if the Plaintiff is not restrained and ordered to remove (if possible, which appears at least with change.org) any and all photographs of the parties' children and their identifying information, and to stop further use and exploitation of the children via posting of their photographs and information in such a manner, that this danger shall continue. Furthermore, Defendant avers that this is a custody matter involving issues which are of a sensitive nature. In order to protect the best interest of the minor children involved herein, the Defendant respectfully requests that this matter be placed under seal as well as the entire Court file be placed under seal, including, but not limited to, any and all Court records received from the Shelby County Circuit Court Case Number 58 DR 2013-900613.00, which was consolidated with Davenport v, Davenport \\fhdata\tmdocs\109073-001\PLEAD\264210.WPD 2 Case No. 58 DR 201 3-613.00 GDR Emergency Motion for Restraining Order and to Seal Record Shelby County Circuit Court Case Number 58 DR 2013-900615.00, including all pleadings, any items entered as an exhibit, any items subpoenaed but not entered as evidence, any trial testimony and/or documents related to said trial in Shelby County Courts, and remain under seal and any further Orders entered by the Courts in this case to be sealed. Further, the Defendant hereby requests that this case and for such further and general relief to which, in equity and good conscious, this Court deems appropriate. STATE OF ALABAMA ) JEFFERSON COUNTY ) Before me, the undersigned authority, in and for said State and County, personally appeared Andrew Atkins Davenport, who being duly sworn on oath, deposes and says that he has read and understands the above and foregoing Motion and that the facts and things contained therein are true and correct and does hereby verify the same. Deponent further request the Court to issue this Order restraining the Plaintiff's actions and conduct as set out herein above, pending a hearing of this cause. Given under my hand and seal this 5 day of June , 2015. Sworn to and subscribed before me this 5 day of June , 2015. Davenport v, Davenport \\fhdata\tmdocs\109073-001\PLEAD\264210.WPD 3 Case No. 58 DR 201 3-613.00 GDR Emergency Motion for Restraining Order and to Seal Record STATE OF ALABAMA ) JEFFERSON COUNTY ) A F F I D A V I T Before me, the undersigned, a Notary Public in and for said State and County, personally appeared Honorable, attorney of record for the, who, being first duly sworn on oath, represents unto this Honorable Court that she is aware of the facts and situation surrounding this matter, and that she feels the issuance of a Temporary Restraining Order is necessary in order to prevent irreparable harm to the parties and specifically, the minor children of the parties. Sworn to and subscribed before me this 9 day of June , 2015. SAMMYE ODEN KOK (KOK001) DOMINICK FELD HYDE, P.C. Attorney for Defendant 1130 22nd Street South, Suite 4000 Birmingham, AL 35205 (205) 536-8888 (205) 933-6133 (Fax) skok@dfhlaw.com