Case: Libertarian Party of Arkansas v. Martin

4:15-cv-00635 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Oct. 14, 2015

Closed Date: April 24, 2018

Clearinghouse coding complete

Case Summary

Libertarian Party of Arkansas (a new party) brought a declaratory judgment and injunctive relief action against the Arkansas Secretary of State, claiming that the ballot access statutory scheme violated the First and Fourteenth Amendments.  The scheme required new political parties to hold a nominating convention prior to the major parties' preferential primary election.  The Libertarian Party held its nominative convention on October 24, 2015 and successfully nominated 22 candidates for the 20…

Libertarian Party of Arkansas (a new party) brought a declaratory judgment and injunctive relief action against the Arkansas Secretary of State, claiming that the ballot access statutory scheme violated the First and Fourteenth Amendments.  The scheme required new political parties to hold a nominating convention prior to the major parties' preferential primary election.  The Libertarian Party held its nominative convention on October 24, 2015 and successfully nominated 22 candidates for the 2016 general election.  Thereafter, the Libertarian Party held a second convention on February 27, 2016 to file political practice pledges for four additional candidates, but the Arkansas Secretary of State declined to do so because the filing deadline had passed.  

The Libertarian Party's complaint alleged that it should be allowed to select its nominees for partisan political office at the same time that the Republicans and Democrats conduct their preferential primary election. The complaint sought a declaratory judgment that Arkansas Code sections 7-7-101 and 7-7-205(c)(1)-(3) are unconstitutional and an injunction requiring that the names of the four candidates that were nominated during the Libertarian Party's February 2016 convention be printed on the Arkansas general election ballot. 

Applying the Supreme Court's balancing test in Timmons v. Twin Cities AreaNew Party, 520 U.S. 351, 358, 117 S.Ct. 1364, 137 L.Ed.2d 589 (1997), the district court concluded that "[e]ven though the Court finds the Libertarian Party of Arkansas' burden to be minor, there is no interest, regulatory or otherwise, to justify this restriction by the State." See also Green Party of Ark. v. Martin, 649 F.3d 675 (8th Cir. 2011) (analyzing the constitutionality of a ballot access statute under the Timmons balancing test).  The district court granted declaratory relief, denied injunctive relief, denied the Secretary of State's motion to reconsider, and awarded cots and attorney's fees to the Libertarian Party. 

The Secretary of State appealed, and during the pendency of the appeal the Arkansas General Assembly amended its statute to allow new political parties to hold their nominating convention and submit their certificates of nomination at 12:00 p.m. on the day of the major parties' primary election. Concluding that the Libertarian Party's claim for declaratory relief has been rendered moot, the U.S. Court of Appeals, Eighth Circuit vacated the judgment, affirmed award of costs and attorney's fees and remanded the case with directions that the complaint be dismissed. 

Summary Authors

Kelsey Geiser (10/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4489426/parties/libertarian-party-of-arkansas-v-martin/


Judge(s)

Moody, James Maxwell (Arkansas)

Attorney for Plaintiff

Hyman, William Whitfield (Arkansas)

Linger, James C. (Arkansas)

Attorney for Defendant

Kelly, A. J. (Arkansas)

Rhodes, Andres Fernando (Arkansas)

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Documents in the Clearinghouse

Document
1

4:15-cv-00635

Complaint

Oct. 13, 2015

Oct. 13, 2015

Complaint

2016 WL 2016

1

4:15-cv-00635

Complaint

Oct. 13, 2015

Oct. 13, 2015

Complaint

2016 WL 2016

7

4:15-cv-00635

Defendant, Honorable Mark Martin's Brief in Support of Motion to Dismiss and Alternative Motion for Judgment on the Pleadings

Dec. 10, 2015

Dec. 10, 2015

Pleading / Motion / Brief

2016 WL 2016

6

4:15-cv-00635

Defendant Honorable Mark Martin's Answer to Plaintiffs' Complaint; Motion to Dismiss; and Alternative, Motion for Judgment on the Pleadings

Dec. 10, 2015

Dec. 10, 2015

Pleading / Motion / Brief

2016 WL 2016

13

4:15-cv-00635

Plaintiffs' Brief in Opposition to Defendant's Motion to Dismiss and Alternative Motion for Judgment on the Pleadings

Jan. 5, 2016

Jan. 5, 2016

Pleading / Motion / Brief

2016 WL 2016

15

4:15-cv-00635

Defendant, Honorable Mark Martin's Memorandum Reply to Response to Defendant's Amended Motion to Dismiss and Alternative, Motion for Judgment on the Pleadings

Jan. 13, 2016

Jan. 13, 2016

Justification Memo

2016 WL 2016

17

4:15-cv-00635

Plaintiffs' Brief in Support of Their Complaint and Motion for Preliminary Injunction

Jan. 22, 2016

Jan. 22, 2016

Pleading / Motion / Brief

2016 WL 2016

20

4:15-cv-00635

Defendant, Honorable Mark Martin's Response to Plaintiff's Motion for Preliminary Injunction

Feb. 5, 2016

Feb. 5, 2016

Pleading / Motion / Brief

2016 WL 2016

21

4:15-cv-00635

Defendant, Honorable Mark Martin's Brief in Support of His Response to Plaintiff's Motion for Preliminary Injunction

Feb. 5, 2016

Feb. 5, 2016

Pleading / Motion / Brief

2016 WL 2016

23

4:15-cv-00635

Defendant, Honorable Mark Martin's Brief in Support of His Motion for Leave to File Amended Answer

Feb. 17, 2016

Feb. 17, 2016

Pleading / Motion / Brief

2016 WL 2016

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4489426/libertarian-party-of-arkansas-v-martin/

Last updated April 24, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Martin ( Fee of $ 400 paid, Receipt Number LIT053652.), filed by Libertarian Party of Arkansas, Kristin Vaughn, Robert Chris Hayes, Debrah Standiford, and Michael Pakko. Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet)(mcz) (Entered: 10/14/2015)

1

View on RECAP

Oct. 14, 2015

Oct. 14, 2015

Clearinghouse
2

MOTION for Leave to Appear pro hac vice by James C. Linger. Fee of $100 paid, receipt number LIT053651. Filed by All Plaintiffs. (mcz) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
3

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 2 Motion to Appear Pro Hac Vice for James Linger. Signed by Judge James M. Moody Jr. on 10/16/2015. (sjh) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
4

WAIVER OF SERVICE Returned Executed as to Mark Martin by Kristin Vaughn, Libertarian Party of Arkansas, Robert Chris Hayes, Debrah Standiford, Michael Pakko. (alm) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
5

NOTICE of Appearance filed by A. J. Kelly on behalf of Mark Martin. (mef) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
6

ANSWER to 1 Complaint; Motion to Dismiss; and Alternative, Motion for Judgment on the Pleadings by Mark Martin. (scw) (Docket entry modified on 12/14/2015 to correct the file date).(jak) (Entered: 12/11/2015)

Dec. 10, 2015

Dec. 10, 2015

Clearinghouse
7

BRIEF IN SUPPORT re 6 Answer to Complaint, Brief in Support of Motion to Dismiss and Alternative Motion for Judgment on the Pleadings filed by Mark Martin. (scw) (Docket entry modified on 12/14/2015 to correct the file date). (jak) (Entered: 12/11/2015)

Dec. 10, 2015

Dec. 10, 2015

Clearinghouse

NOTICE OF DOCKET CORRECTION re 6 Answer to Complaint, 7 Brief in Support. CORRECTION: The docket entries were modified to correct the file date to 12/10/2015 as marked on the documents. (jak)

Dec. 14, 2015

Dec. 14, 2015

PACER
8

Unopposed MOTION to Extend Time to File Response and Brief in Opposition to Defendant's Motion to Dismiss, etc. by All Plaintiffs (Linger, James) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
9

AMENDED MOTION to Dismiss, and alternative, MOTION for Judgment on the Pleadings () by Mark Martin (jap) (Entered: 12/18/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
10

Amended MOTION for Extension of Time to File Response/Reply as to 6 Answer to Complaint, 8 Unopposed MOTION to Extend Time to File Response and Brief in Opposition to Defendant's Motion to Dismiss, etc., 9 MOTION to Dismiss MOTION for Judgment on the Pleadings, 7 Brief in Support by All Plaintiffs (Linger, James) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
11

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 10 Motion for Extension of Time to File Response/Reply re 9 MOTION to Dismiss MOTION for Judgment on the Pleadings. Response due by 1/5/2016. Signed by Judge James M. Moody Jr. on 12/23/15. (amr) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
12

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot 8 Motion to Extend Time. Signed by Judge James M. Moody Jr. on 12/23/15. (amr) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
13

BRIEF in Opposition re 9 Amended Motion to Dismiss and alternative Motion for Judgment, 10 Amended MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Linger, James) (Docket text modified on 1/6/2016 to correct the description of the document filed). (jak) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

Clearinghouse

NOTICE OF DOCKET CORRECTION re 13 Response in Opposition to Motion. CORRECTION: The docket text was modified to correct the description of the document filed as "BRIEF in Opposition re 9 Amended Motion to Dismiss and alternative Motion for Judgment, 10 Amended MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs" (jak)

Jan. 6, 2016

Jan. 6, 2016

PACER
14

INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 2/10/2016; Rule 26(f) Report due by 2/24/2016. Proposed Bench Trial set sometime during the week of 2/13/2017 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.Signed at the Direction of the Court on 1/11/2016. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
15

REPLY to Response to Motion re 9 AMENDED MOTION to Dismiss, and alternative, MOTION for Judgment on the Pleadings filed by Mark Martin. (scw) (Entered: 01/14/2016)

Jan. 13, 2016

Jan. 13, 2016

Clearinghouse
16

MOTION for Preliminary Injunction with Ex 1, Affidavit of Michael Pakko and Ex 2, Letter from Gov Hutchinson to Michael Pakko by All Plaintiffs (Linger, James) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
17

BRIEF IN SUPPORT re 1 Complaint, 16 Motion for Preliminary Injunction filed by All Plaintiffs. (Linger, James) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

Clearinghouse
18

Amended MOTION for Preliminary Injunction with Plaintiffs' Exhibits 1 and 2 by All Plaintiffs (Linger, James) (Entered: 01/23/2016)

Jan. 23, 2016

Jan. 23, 2016

PACER
19

NOTICE OF HEARING MOTION for Preliminary Injunction 16 and Amended MOTION for Preliminary Injunction 18 set for 2/19/2016 at 9:30 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.(kog) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER
20

RESPONSE to Motion re 16 MOTION for Preliminary Injunction filed by Mark Martin. jap) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

Clearinghouse
21

BRIEF IN SUPPORT re 20 Response to Plaintiff's Motion for Summary Judgment filed by Mark Martin. (jap) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

Clearinghouse
22

MOTION for Leave to File Amended Answer by Mark Martin. (scw) (Entered: 02/18/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
23

BRIEF IN SUPPORT re 22 Motion for Leave to File Amended Answer by Mark Martin. (scw) (Entered: 02/18/2016)

Feb. 17, 2016

Feb. 17, 2016

Clearinghouse
24

CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:MOTION HEARING held on 2/19/2016 re Defendant's MOTION to Dismiss 9 and Plaintiffs' MOTION for Preliminary Injunction 16 . Counsel for Plaintiffs-William Whitfield Hyman, James Linger. Counsel for Defendant-A.J. Kelly. After argument from counsel, motions held in abeyance. (Court Reporter C. Nelson-Kellar.) (kog) (Entered: 02/22/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
25

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 22 Motion for Leave to File Amended Answer. Signed by Judge James M. Moody Jr. on 2/23/2016. (sjh) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
26

AMENDED ANSWER to 1 Complaint, by Mark Martin (jap) (Entered: 02/24/2016)

Feb. 23, 2016

Feb. 23, 2016

Clearinghouse
27

Joint MOTION to Extend Time to File Rule 26(f) Report by All Defendants (Kelly, A.) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
28

ORDER: Plaintiffs' 16 Motion for Preliminary Injunction and 18 Amended Motion for Preliminary Injunction are DENIED. Defendant's 9 Motion to Dismiss is DENIED in part and GRANTED in part. The 27 Joint Motion to Extend Time to file the Rule 26(f) Report is GRANTED. Signed by Judge James M. Moody Jr. on 2/25/2016. (mcz) (Entered: 02/25/2016)

Feb. 25, 2016

Feb. 25, 2016

Clearinghouse
29

AMENDED INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 4/22/2016 ; Rule 26(f) Report due by 5/6/2016. Proposed Bench Trial set sometime during the week of 8/22/2016 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.Signed at the Direction of the Court on 4/18/2016. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
30

REPORT of Rule 26(f) Planning Meeting by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. and Mark Martin, Secretary of State for Joint Report (Linger, James) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
31

MOTION for Leave to File Second Amended Answer and Affirmative Defenses filed by Mark Martin. (mef) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
32

BRIEF IN SUPPORT re 31 Motion for Leave to File Second Amended Answer filed by Mark Martin. (mef) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

Clearinghouse
33

NOTICE of RULE 16 TELEPHONE CONFERENCE set for 5/11/2016 at 2:00 PM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.(kog) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
34

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:TELEPHONE CONFERENCE held on 5/11/2016. Trial to be moved to July 11, 2016. Amended Final Scheduling Order to follow. Counsel for Plaintiffs - William Hyman, James Linger; Counsel for Defendant - A.J. Kelly; Andres Rhodes (Court Reporter Karen Baker.) (kog) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
35

NOTICE of Appearance by Andres Fernando Rhodes on behalf of Mark Martin (jap) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
36

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 31 Motion for Leave to File Second Amended Answer. The Answer should be filed on or before May 18, 2016. Signed by Judge James M. Moody Jr. on 5/12/2016. (sjh) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
37

FINAL SCHEDULING ORDER: Bench Trial set for 7/11/2016 at 9:00 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 5/24/2016; Motions due by 6/17/2016; Pretrial Disclosure Sheet due by 6/17/2016; Status Report due by 6/3/2016. Signed at the Direction of the Court on 5/12/2016. (kog) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
38

SECOND AMENDED ANSWER to 1 Complaint, by Mark Martin (jap) (Entered: 05/13/2016)

May 12, 2016

May 12, 2016

Clearinghouse
39

AMENDED FINAL SCHEDULING ORDER: Bench Trial set for 7/11/2016 at 9:00 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 6/3/2016; Motions due by 6/17/2016; Pretrial Disclosure Sheet due by 6/17/2016. Signed at the Direction of the Court on 5/13/2016. (kog) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
40

STATUS REPORT JOINT (Plaintiffs and Defendant) by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
41

PRETRIAL DISCLOSURE SHEET by Mark Martin. (Kelly, A.) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
42

PRETRIAL DISCLOSURE SHEET of Plaintiffs by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
43

TRANSCRIPT of Hearing on Motions Proceedings held on February 19, 2016, before Judge Jay Moody. Court Reporter Cheryl Nelson Kellar. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 7/1/2016. Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016. (plm) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
44

PRETRIAL DISCLOSURE SHEET - Supplemental by Mark Martin. (Kelly, A.) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
45

STIPULATION Joint Stipulations of Fact by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
46

CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:BENCH TRIAL held on Monday, 7/11/2016. Following witness testimony and receipt of evidence, matter taken under advisement. James Linger and William Hyman present for Plaintiffs; A. J. Kelly present for Defendant. (Court Reporter Karen Baker.) (kog) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
47

RECEIPT for Exhibits by Plaintiffs (kog) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
48

RECEIPT for Exhibits by Defendant (kog) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
49

ORDER finding that the Arkansas statutory scheme for ballot access for new political parties is unconstitutional. Plaintiffs' request for injunctive relief is denied. Signed by Judge James M. Moody Jr. on 07/15/2016. (rhm) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

Clearinghouse
50

JUDGMENT Pursuant to the Court's findings of facts and conclusions of law set forth in the 49 Order entered on 7/15/2016, judgment is entered in favor of the Plaintiffs. Plaintiffs' request for injunctive relief is denied. The Clerk is directed to close the case. Signed by Judge James M. Moody Jr. on 7/18/2016. (mcz) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

Clearinghouse
51

First MOTION for Costs Bill of Costs with Attachments-Plaintiffs' Exhibits 1 and 2 by All Plaintiffs (Linger, James) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
52

BRIEF IN SUPPORT re 51 Motion for Costs Memorandum Brief in Support of Verified Bill of Costs with Attachment-Plaintiffs' Exhibit A filed by All Plaintiffs. (Linger, James) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

Clearinghouse
53

First MOTION for Attorney Fees by All Plaintiffs (Linger, James) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
54

BRIEF IN SUPPORT re 50 Judgment, 53 Motion for Attorney Fees filed by All Plaintiffs. (Attachments: # 1 Exhibit 1- Hyman Affidavit, # 2 Exhibit 2- Hyman Time Sheet, # 3 Exhibit 3- Linger Affidavit, # 4 Exhibit 4 - Linger Time Sheet, # 5 Exhibit 5 - LInger Non-Taxable Costs and Expenses)(Linger, James) (Entered: 07/29/2016)

1

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2

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3

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4

View on RECAP

5

View on RECAP

July 29, 2016

July 29, 2016

Clearinghouse
55

OBJECTIONS and Response to Plaintiffs' Bill of Costs by Mark Martin re 51 . (jap) (Entered: 08/11/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
56

MEMORANDUM BRIEF IN SUPPORT of Defendant's Objections and Response to Plaintiffs' Bill of Costs 55 filed by Mark Martin. (jap) (Entered: 08/11/2016)

Aug. 10, 2016

Aug. 10, 2016

Clearinghouse
57

OBJECTIONS and Response by Mark Martin re 53 Motion for Attorney Fees. (jap) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
58

BRIEF IN SUPPORT re 57 Objections and Response filed by Mark Martin. (jap) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

Clearinghouse
59

MOTION to Alter or Amend Findings and Conclusions Pursuant to Federal Rule of Civil Procedure 52(b); Motion to Alter or Amend Judgment Pursuant to Federal Rule of Civil Procedure 59(e), and MOTION for Relief From Judgment Pursuant to Federal Rule of Civil Procedure 60(b) by Mark Martin (jap) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
60

BRIEF IN SUPPORT re 59 Motion to Alter or Amend, and Motion for Relief, filed by Mark Martin. (jap) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

Clearinghouse
61

RESPONSE and Memorandum Brief in Opposition to Defendant's 55 Objections and Response to Plaintiffs' Bill of Costs by All Plaintiffs (Linger, James) (Docket text modified on 8/23/2016 to correct the description of the document filed and establish linkage).(jak) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

Clearinghouse
62

RESPONSE and Memorandum Brief in Opposition to Defendant's 57 Objections and Response to Plaintiffs' Request for Attorney Fees filed by All Plaintiffs. (Linger, James)(Docket text modified on 8/23/2016 to correct the description of the document filed and to establish linkage). (jak) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

Clearinghouse

NOTICE OF DOCKET CORRECTION re 61 and 62 RESPONSES. CORRECTION: The docket entry 61 was modified to correct the filing event and the description of the document filed as "RESPONSE and Memorandum Brief in Opposition to Defendant's 55 Objections and Response to Plaintiffs' Bill of Costs by All Plaintiffs" as marked on the document. The docket entry 62 was modified to correct the description of the document filed as "RESPONSE and Memorandum Brief in Opposition to Defendant's 57 Objections and Response to Plaintiffs' Request for Attorney Fees filed by All Plaintiffs" as marked on the document. (jak)

Aug. 23, 2016

Aug. 23, 2016

PACER
63

RESPONSE in Opposition re 59 MOTION to Amend/Correct MOTION for Relief Plaintiffs' Response and Memorandum Brief in Opposition to Defendant's Motion to Alter or Amend filed by All Plaintiffs. (Linger, James) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
64

REPLY to Response to Motion re 59 MOTION to Alter or Amend Filings filed by Mark Martin. (scw) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
65

ORDER granting Plaintiffs' 51 Motion for Costs, and granting in part Plaintiffs' 53 Motion for Attorney Fees. Plaintiffs are awarded $27,475.00 for Mr. Linger's fee, $1,216.00 for Mr. Hyman's fee, $217.38 for non-taxable costs, and $711.00 for costs pursuant to 28 U.S.C. ยง 1920, for a total of $29,619.38. Defendant's 59 Motion to Alter or Amend is denied. Signed by Judge James M. Moody Jr. on 9/12/2016. (mcz) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

Clearinghouse
66

NOTICE OF APPEAL as to 49 Order, 50 Judgment, and 65 Order, by Mark Martin. Filing fee $ 505, receipt number LIT058559. (fcd) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

Clearinghouse
67

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to Mark Martin re 66 Notice of Appeal, 65 Order, 50 Judgment, and 49 Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (fcd) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
68

USCA Docketing Letter and Briefing Schedule as to 66 Notice of Appeal filed by Mark Martin. USCA Case Number 16-3794. Transcript due by 11/9/2016. (fcd) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
69

TRANSCRIPT REQUEST by Mark Martin for proceedings held on 7/11/2016 before Judge James M. Moody Jr. (fcd) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
70

Transcript of Bench Trial filed for date of July 11, 2016, before Judge James M. Moody Jr., re 66 Notice of Appeal. Court Reporter Karen Baker. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 10/24/2016. Redaction Request due 11/4/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/12/2017. (plm) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
71

Transmitted Record on Appeal to US Court of Appeals re 66 Notice of Appeal: Transcript of 7/11/2016 Bench Trial (Docket Entry 70 .) (mcz) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
72

OPINION of USCA as to 66 Notice of Appeal filed by Mark Martin. (mcz) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

Clearinghouse
73

USCA JUDGMENT as to 66 Notice of Appeal filed by Mark Martin: The court's order dated 7/15/2016 and judgment dated 7/18/2016 are vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. The district court's 9/12/2016 order awarding costs and attorney's fees is affirmed. (mcz) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

Clearinghouse
79

ORDER vacating Court's Order of 7/15/2016 and Judgment of 7/18/2016; dismissing the Complaint as moot; affirming the Court's Order dated 9/12/2016 awarding attorneys' fees and costs to Plaintiff in amount of $29,619.38; and granting 76 Defendant's Motion. Signed by Judge James M. Moody Jr. on 4/24/2018. (cmn)

April 24, 2018

April 24, 2018

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 14, 2015

Closing Date: April 24, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Libertarian Party of Arkansas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mark Martin (State of Arkansas, Arkansas), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Voting:

Candidate qualifications

Election administration