Alabama One Credit Union has until Thursday to show cause as towhy its complaint should not be dismissed in regard to at least oneof the three defendants named in it.

David Byrne, chief legal advisor for Alabama Governor RobertBentley, was the latest to file a motion to dismiss the complaint.Alabama Credit Union Administration Administrator Sarah Mooreand former interim Alabama One president/CEO Doug Key also filedmotions to dismiss.

The $600 million, Tuscaloosa, Ala.-based Alabama One and itspresident/CEO John Dee Carruth filed a federal lawsuit afterdiscovering dozens of emails written by Alabama attorney Justice D.“Jay” Smyth III. The credit union alleged the emails proved stateofficials and Smyth conspired to oust Carruth and three other employees with theintention of forcing the credit union to settle millions of dollarsin civil suits filed against the financial institution by Smyth'sclients. Smyth has denied the claims.

In Byrne's motion, filed on Aug. 21, he asked the court for adismissal, stating that the plaintiff “failed to state any claimupon which relief can be granted,” that he is immune to the claims,and that the law “shields Byrne from even having to go through theindignities and distractions that discovery would entail.”

Byrne also called the claims irresponsible, adding that twodisgruntled plaintiffs, “having been found by the Alabama CreditUnion Administration to have committed serious violations of statelaw, have launched an attack.”

Moore filed a motion to dismiss the complaint on Aug. 12 on thegrounds that the plaintiff failed to state a claim against her uponwhich relief can be granted, and that “no construction of thefactual allegations will support the cause of action.” Her motioncontinued to state that the claims are barred by the doctrine ofabsolute immunity.

“In the caption of this proceeding, plaintiffs purport to sueMoore as 'an individual,' plainly for the purpose of shortcircuiting Moore's immunity from their claims; however, eachallegation against Moore is in fact pleaded in her officialcapacity as an executive officer of the State of Alabama,” herdismissal motion read. The motion also said Moore's actions againstAlabama One were made based on her findings of wrongdoing at thefinancial institution in her official capacity, and that she is nowbeing retaliated against.

Key, president/CEO of the $140 million Mutual Savings in Hoover,Ala., an Alabama One competitor, was chosen to fill in duringCarruth's short suspension in 2014. Key filed a motion to dismiss the complainton July 28 on the grounds that after Carruth and his colleagues hadtheir suspensions revoked, they signed a waiver releasing the ACUA,the acting chief executive officer of Alabama One (Key), allemployees and officials of the State of Alabama, and theirattorneys from every claim and liability related to thesuspensions.