Notice of Hearing (Original)
Filed 2026-04-02 · Prepared by Lucas W. Andrews (Stanton Law LLC) on 3/25/2026 · Signed by Hon. Ken Smith, Judge of Bibb County Superior Court · Document type Notice of Hearing View the PDF →
Legal shorthand used here: NoH = Notice of Hearing (the document scheduling a court date). MSJ = Motion for Summary Judgment (asking the judge to decide without a trial). BCSD = Bibb County School District.
What is this document?
This is the court’s official announcement that a hearing will happen on a specific date, at a specific time, in a specific courtroom, before a specific judge. It is a short, mostly-formal document, but it is the single piece of paper that tells the world when and where the case will actually be argued.
In this filing, Judge Ken Smith schedules a Motions Hearing for Wednesday, April 29, 2026, at 2:00 p.m., in Courtroom E of the Bibb County Courthouse. The notice was prepared by plaintiff’s counsel Lucas W. Andrews on March 25, 2026 — a common practice in Georgia superior courts, where the movant often drafts the notice for the judge’s signature — and signed by Judge Smith on April 2, 2026.
The primary matter on the calendar is the Melody’s Motion for Partial Summary Judgment, filed March 10, 2026. The notice also contains the standard Georgia superior court “ripe for judgment” boilerplate, which warns the parties that if they do not appear or fail to prosecute, the court may rule against them on the papers alone.
A second, re-signed version of this notice was issued on April 14, 2026 (filed separately in the record as 83495_NOH.pdf). That reissuance did not change the date or location — it re-memorialized the same hearing, apparently in coordination with the contemporaneous order extending the discovery deadline. See the companion page on the reissued notice for details.
At a glance
| Field | Value |
|---|---|
| Prepared | March 25, 2026, by Lucas W. Andrews |
| Signed | April 2, 2026, by Judge Ken Smith |
| Document type | Notice of Hearing |
| Hearing date | April 29, 2026 |
| Hearing time | 2:00 p.m. |
| Location | Courtroom E, Bibb County Courthouse (Macon, GA) |
| Presiding judge | Hon. Ken Smith |
| Matter to be heard | Plaintiff’s Motion for Partial Summary Judgment (filed March 10, 2026) |
The arguments in plain English
There are no arguments in a Notice of Hearing — it is an administrative document. But there are three pieces of information a reader should take away:
- The case has a hearing date. After months of pleadings and discovery, the case is finally moving toward a public argument with a judge on the bench.
- It is before Judge Ken Smith. The same judge who has been handling the case from the beginning is the judge who will decide the MSJ.
- It is open to the public. Like all civil motion hearings in Bibb County Superior Court, this one may be attended by members of the public and the press unless the court later enters a closure order — which, in a case about public access to records, would itself be remarkable.
Deep dive — legal concepts, explained
What is a Notice of Hearing?
A Notice of Hearing is the formal calendar entry for a court proceeding. It tells the parties, the court clerk, and the public: this matter will be heard at this place and this time, before this judge.
Notices of hearing serve four specific purposes:
- Due process. No party can be bound by a hearing unless it had notice. Filing and serving a Notice of Hearing is how the court creates a record proving the parties knew about the event.
- Calendar control. Courts juggle hundreds of cases. Formalizing the hearing date on the docket blocks the slot and prevents conflicts.
- Public access. The Georgia Constitution and long tradition guarantee open court proceedings. The notice puts the hearing in the public record so journalists, students, family, interested citizens, and other lawyers can attend.
- Ripeness. By placing the motion on the calendar, the court signals that the motion is considered briefed, ready, and ripe for decision — meaning no more delays without good cause.
Why plaintiff’s counsel usually drafts the NoH (Notice of Hearing)
Seeing plaintiff’s counsel’s name in the “prepared by” line often surprises non-lawyers. “Wait — the lawyer wrote the judge’s order?” Yes. This is how motion practice works in Georgia superior court, and in most state trial courts across the country.
The convention is simple: the party that moved for relief (here, the Melody asking the court to hear its MSJ — Motion for Summary Judgment) drafts a proposed notice, sends it to the judge’s chambers, and the judge — if he agrees with the proposed date and terms — signs it. The judge is not “adopting the plaintiff’s view” by signing a scheduling notice. He is using counsel’s typing labor to save chambers time on an administrative document that simply picks a date.
If a judge dislikes the proposed date or terms, chambers will call both lawyers, find a mutually workable time, and the signed version will reflect the judge’s choice. In this case, Judge Smith signed the notice essentially as drafted — meaning the proposed April 29 date worked for chambers and for both sides.
This is a feature, not a flaw. Counsel-drafted orders are faster, let the parties pre-coordinate their calendars, and free judges to focus on substantive work. A signed order — even one drafted by counsel — carries the full weight of the court.
Courtroom E and Judge Ken Smith
The Bibb County Courthouse sits at 601 Mulberry Street in downtown Macon. It is a public building with multiple courtrooms across several floors housing the county’s superior, state, probate, juvenile, and magistrate courts.
Courtroom E is one of the superior court courtrooms. Hearings held there are open to the public. Security screening at the main entrance and typical courtroom rules — no phones in use, no eating or drinking, appropriate attire — apply to observers.
Judge Ken Smith is a judge of the Bibb County Superior Court and has presided over this case since filing. Like all Georgia superior court judges, he handles civil and criminal matters of general jurisdiction, and his orders are appealable to the Georgia Court of Appeals (and in some circumstances directly to the Georgia Supreme Court).
For journalists and citizens who want to attend: arrive 15–20 minutes early, bring ID, and plan to go through courthouse security. The courtroom is a working courtroom, so the Melody’s MSJ may not be the only matter on the docket that afternoon; the judge may hear other cases before or after this one.
What “ripe for judgment” boilerplate means
Near the end of most notices of hearing in Georgia superior court, you will find language along the lines of: “Should any party fail to appear, the court may nonetheless proceed and rule on the matter as presented, the case being ripe for judgment.”
Unpacked for a non-lawyer audience:
- “Ripe for judgment” means the court has everything it needs to decide — the motion is filed, the briefing schedule is (or will be) complete, and the issues are defined. No further procedural steps are required before the court can rule.
- “If a party fails to appear, the court may still proceed” is the warning. A no-show is not a get-out-of-jail-free card. If the Melody’s lawyer skipped the hearing, Judge Smith could deny the motion on the record before him. If BCSD’s lawyers skipped, Judge Smith could grant the motion essentially unopposed. Nobody expects that to happen in a case this well-lawyered — but the boilerplate is there to make sure no one later claims they were surprised.
In short: “ripe for judgment” means “be there, be prepared, and be ready for a ruling.”
Why this matters
Three reasons this notice matters to a reader of this website:
- It fixes the public moment. Until now, the case has unfolded on paper. April 29, 2026, at 2:00 p.m. is when it becomes visible, audible, and — for anyone in Courtroom E — firsthand.
- It tees up a real decision. The MSJ, not some preliminary skirmish, is what Judge Smith will hear. Whatever he decides will shape the rest of the case and could set persuasive precedent for how Georgia school districts handle settlement-amount disclosures going forward.
- It invites accountability. Open-records cases are, by their nature, about making government decisions observable. The hearing itself is part of that: citizens and journalists can walk in, watch the argument, and see how their local court engages with the question of whether a public-school dollar amount is actually public.
Read the original
Part of Court Filings · Case No. 2025-CV-083495 · Bibb County Superior Court