Case: Friends Lakeview Sch v. Huckabee

Friends Lakeview School v. Huckabee

Friends Lakeview School v. Huckabee

Friends Lakeview School v. Huckabee

Legal Defense Fund

COMPLAINT with exhibits attached; summons issued and returned to attorney; filing fee of $150.00 pd, receipt #116678 (kjp) Modified on 10/26/2004 (Entered: 10/26/2004)

MOTION by Calvin King, Jonell Caldwell, Diane Tatum, Randy Lawson, Jeanna Westmoreland, and Sherry Burrow to extend time to answer complt (lej) (Entered: 11/24/2004)

ORDER by Judge George Howard Jr. granting AR State Board of Education defts' motion to extend time to answer complt until 12/8/04 [2-1] (cc: all counsel) (lej) (Entered: 11/26/2004)

ORDER (DOC) transferring any referrals or consent to proceed before to Mag. Judge Ray (cc: all counsel) (lej) (Entered: 12/06/2004)

INITIAL SCHEDULING ORDER (DOC); Rule 26(f) conference to be held on or before 1/10/05; Rule 26(f) report due by 1/24/05; Rule 16(b) conference (if needed) will be scheduled; proposed trial date the week of 9/19/05 in Helena (cc: all counsel) (lej) (Entered: 12/07/2004)

MOTION by defts Jonell Caldwell, Calvin King, Diane Tatum, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, and Arkansas Educ Board for extension of time to answer complt (vjt) (Entered: 12/09/2004)

MOTION by defts to dismiss (lej) Modified on 03/09/2005 (Entered: 12/16/2004)

BRIEF by defts in support of motion to dismiss [7-1] (lej) Modified on 03/09/2005 (Entered: 12/16/2004)

ORDER by Judge George Howard Jr. granting motion for extension of time to answer complt [6-1]; the Arkansas State Board of Education defts are granted until 12/15/04 to file a response to the complaint (cc: all counsel) (tjj) (Entered: 12/17/2004)

MOTION by plaintiffs to extend time to respond to motion to dismiss (lej) (Entered: 12/29/2004)

RESPONSE by defendants to motion to extend time to respond to motion to dismiss [10-1] (lej) (Entered: 12/29/2004)

ORDER by Judge George Howard Jr. granting pltf's motion to extend time until 2/1/05 to respond to motion to dismiss [10-1] [7-1] (cc: all counsel) (bsm) Modified on 01/05/2005 (Entered: 01/05/2005)

STATUS REPORT by defendants (bsm) (Entered: 01/18/2005)

JOINT RULE 26(f) REPORT by parties (bsm) (Entered: 01/25/2005)

SECOND MOTION by pltfs for extension of time to respond to defts' motion to dismiss (vjt) (Entered: 01/28/2005)

ORDER by Judge George Howard Jr. granting pltfs' motion for extension of time until 2/15/05 to respond to defts' motion to dismiss [15-1] [7-1] (cc: all counsel) (bsm) (Entered: 02/07/2005)

SCHEDULING ORDER ; jury trial set for week of 9/19/05 at 9:30 a.m. ; discovery due 6/21/05 ; pretrial info sheet due 8/4/05 jy instr due 09/06/05 witnss/xhbt list due 08/04/05 mtn filing ddl 07/21/05 (cc: all counsel) (plm) (Entered: 02/14/2005)

THIRD MOTION by plaintiffs to extend time to reply to deft's motion to dismiss (bsm) Modified on 02/14/2005 (Entered: 02/14/2005)

ORDER (DOC) that pltfs' counsel has not served defts Mary Rebick, Naccaman Williams, Shelby Hellman and Kenneth James with process and is given until 2/25/05 to file an affidavit of service; an order of dismissal w/out prej for failure to prosecute will be entered if an affidavit is not filed with the Court (cc: all counsel) (bsm) Modified on 02/17/2005 (Entered: 02/14/2005)

ORDER by Judge George Howard Jr. granting pltfs' motion to extend time until 3/10/05 to reply to deft's motion to dismiss [18-1] [7-1] (cc: all counsel) (bsm) (Entered: 02/17/2005)

LETTER to court from attorney Jimmie L Wilson (bkj) (Entered: 03/03/2005)

RETURN OF SERVICE executed upon defendant Mary Jane Rebick on 11/3/04 (bkj) (Entered: 03/03/2005)

RETURN OF SERVICE executed upon defendants Jonell Caldwell and Randy Lawson on 11/4/04 (bkj) (Entered: 03/03/2005)

RETURN OF SERVICE executed upon defendants Sherry Burrow, Naccaman Williams, Jeanna Westmoreland and Shelby Hellman on 11/5/04 (bkj) (Entered: 03/03/2005)

RETURN OF SERVICE executed upon defendant Calvin King on 11/9/04 (bkj) (Entered: 03/03/2005)

RETURN OF SERVICE executed upon defendant Diane Tatum on 11/10/04 (bkj) (Entered: 03/03/2005)

ORDER by Judge George Howard Jr. directing the Clerk to modify the record to reflect that the Arkansas Attorney General's office is representing all defts and the December 15th motion to dismiss [7-1] was filed on behalf of all defts (cc: all counsel) (vjt) (Entered: 03/09/2005)

RESPONSE by plaintiffs to motion to dismiss [7-1] (bkp) (Entered: 03/16/2005)

BRIEF by plaintiffs in support of response to motion to dismiss [24-1] (bkp) (Entered: 03/16/2005)

MOTION by defendants for extension of time to file reply to response to motion to dismiss (rjh) (Entered: 03/23/2005)

ORDER by Judge George Howard Jr. granting motion for extension of time to file reply to response to motion to dismiss until March 31, 2005 [26-1] (cc: all counsel) (bkp) (Entered: 03/29/2005)

REPLY by defts to pltfs' response to motion to dismiss [7-1] (vjt) (Entered: 04/01/2005)

MOTION AND NOTICE by plaintiffs for preliminary injunction (bsm) (Entered: 06/14/2005)

BRIEF by plaintiffs in support of Motion and Notice for preliminary injunction [29-1] (bsm) (Entered: 06/14/2005)

MOTION by defendants to extend time to file response to pltfs' request for preliminary injunction (bsm) (Entered: 06/22/2005)

ORDER by Judge George Howard Jr. granting defts' motion to extend time until 7/8/05 to file response to pltfs' request for preliminary injunction [31-1] [29-1] (cc: all counsel) (bsm) (Entered: 06/24/2005)

MOTION for Extension of Time to File Response/Reply by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, Mary Jane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education. (Honorable, Colette) (Entered: 07/08/2005)

ORDER granting 33 Motion for Extension of Time until 7/11/05 to File Response/Reply to motion for preliminary injunction re 33 . Signed by Judge George Howard Jr. on 7/8/05. (bsm, ) (Entered: 07/12/2005)

CERTIFICATE OF MAILING by the Clerk re 35 Order on Motion for Extension of Time to File Response/Reply (bsm, ) (Entered: 07/12/2005)

RESPONSE in Opposition re 29 Motion for Preliminary Injunction filed by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, Mary Jane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education. (Honorable, Colette) (Entered: 07/11/2005)

REPLY to Response to 29 Motion for Preliminary Injunction filed by Friends of Lakeview School District Incorporation No. 25 of plaintiffs. (bkp) File Date modified on 8/8/2005 (bsm). (Entered: 07/26/2005)

ORDER Setting Hearing on 29 Motion for Preliminary Injunction: Motion Hearing set for 8/22/2005 at 09:30 AM in Little Rock Courtroom #282 before Judge George Howard Jr.. The Masters are directed to furnish this Court with their report on or before September 1, 2005, unless the Masters require additional time. Signed by Judge George Howard Jr. on 8/12/05. (bkp, ) Modified on 8/25/2005 (bkp, ). (Entered: 08/12/2005)

CERTIFICATE OF MAILING by the Clerk re 38 Order Setting Hearing on Motion (bkp, ) (Entered: 08/12/2005)

SCHEDULING ORDER (Direction of the Court):Trial is reset for a Bench Trial during the week of 9/19/2005 09:30 AM in Helena Courtroom # 314 before Judge George Howard Jr... Signed on 08/16/05. (plm, ) (Entered: 08/16/2005)

CERTIFICATE OF MAILING by the Clerk re 40 Scheduling Order (plm, ) (Entered: 08/16/2005)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge George Howard Jr.: Motion Hearing held on 8/22/2005 re 29 Motion for Preliminary Injunction filed by Henrietta Wilson,, Friends of Lakeview School District Incorporation No. 25 of Phillips County,, Linell Lewis,, Dwight Swanigan,, Connie L Burks-Wilkins,, Gussie Martin, Court took the motion under submission. J. Wilson pltf counsel, T. Gauger deft counsel (Court Reporter Merkel.) (plm, ) (Entered: 08/31/2005)

ORDER dismissing 29 Motion for Preliminary Injunction . Signed by Judge George Howard Jr. on 8-26-05. (Howard, George) Modified on 8/26/2005 (djw, ). NOTICE OF CORRECTION: This entry was inadvertently entered on docket and replaced by 42 Order denying Motion for Preliminary Injunction.

ORDER denying 29 Motion for Preliminary Injunction filed by plaintiffs and removing case from the September 19th trial calendar. Signed by Judge George Howard Jr. on 8/26/05. (bkp, ) (Entered: 08/26/2005)

CERTIFICATE OF MAILING by the Clerk re 42 Order (bkp, ) (Entered: 08/26/2005)

***Bench trial terminated. (bkp, )

ORDER DISMISSING CASE without prejudice pending the conclusion of the ongoing proceedings before the Arkansas Supreme Court. Signed by Judge George Howard Jr. on 9/26/05. (bkp, ) (Docket text modified on 6/29/2007 to correct typographical error.) (thd) (Entered: 09/27/2005)

CERTIFICATE OF MAILING by the Clerk re 45 Order Dismissing Case (bkp, ) (Entered: 09/27/2005)

MOTION to Reopen Case by plaintiffs (bkp, ) (Entered: 01/17/2006)

CERTIFICATE OF MAILING by the Clerk re 47 MOTION to Reopen Case (bkp, ) (Entered: 01/17/2006)

MOTION to Disqualify by plaintiffs (bkp, ) (Entered: 01/30/2006)

DEFENDANTS' RESPONSE to 47 MOTION to Place Cause Back on Active Docket. (bkp, ) (Entered: 01/31/2006)

ORDER denying 47 Motion to Reopen Case, denying 49 Motion to Disqualify . Signed by Judge George Howard Jr. on 2/24/06. (bkp, ) (Entered: 02/24/2006)

CERTIFICATE OF MAILING by the Clerk re 51 Order (bkp, ) (Entered: 02/24/2006)

RESPONSE to 49 MOTION to Disqualify filed by defendants (bkp, ) (Entered: 02/27/2006)

ORDER reinforcing ruling of 51 Order filed on 2/24/06. Signed by Judge George Howard Jr. on 2/27/06. (bkp, ) (Entered: 02/27/2006)

CERTIFICATE OF MAILING by the Clerk re 53 Order (bkp, ) (Entered: 02/27/2006)

NOTICE OF APPEAL as to 51 Order on Motion to Reopen Case, Order on Motion to Disqualify by Henrietta Wilson, Linell Lewis, Dwight Swanigan, Connie L Burks-Wilkins, Gussie Martin. Filing fee $ 255, receipt number 125029. (dac, ) (Entered: 03/24/2006)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 56 Notice of Appeal, 53 Order, 51 Order on Motion to Reopen Case, Order on Motion to Disqualify. The following document(s) will be sent in paper. (NOTIFICATION TO COUNSEL: FORM A & B SHOULD BE SUBMITTED TO EIGHTH CIRCUIT COURT OF APPEALS CLERK'S OFFICE). (dac, ) (Entered: 03/24/2006)

CERTIFICATE OF MAILING by the Clerk re 56 Notice of Appeal, 57 Notification of Appeal and NOA Supplement (dac, ) (Entered: 03/24/2006)

TRANSCRIPT filed for date of 8/22/05 before Judge George Howard, Jr, re 56 Notice of Appeal Court Reporter: Pegge Merkel. (dac, ) (Entered: 07/11/2006)

Transmitted Record on Appeal to US Court of Appeals re 56 Notice of Appeal (dac, ) (Entered: 07/11/2006)

JUDGMENT USCA8, Petition for writ of mandamus is denied. (dac, ) (Entered: 08/10/2006)

Appeal Record Returned: 1 volume transcript 56 Notice of Appeal (dac, ) (Entered: 08/31/2006)

MOTION for Ruling by Friends of Lakeview School District Incorporation No. 25 of Phillips County. (EXHIBIT - TRANSCRIPT of 8/22/05 Hearing received on 7/9/07 - AVAILABLE in paper format only) (Wilson, Jimmie) (Modified entry on 7/9/2007 to add docket text regarding receipt of Transcript of Hearing) (bfw). (Entered: 06/29/2007)

ORDER REASSIGNING CASE to Judge William R. Wilson Jr. for all further proceedings. (bfw) (Entered: 07/02/2007)

MOTION to Substitute Attorney Timothy Gauger with Matthew McCoy by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, Mary Jane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education (McCoy, Matthew) (Entered: 07/02/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 66 Defendants' Motion to Substitute Attorney. Accordingly, Mr. Matthew McCoy is substituted as counsel and Mr. Timothy Gerard Gauger is relieved as counsel.Signed by Judge William R. Wilson Jr. on 07/09/07. (dmm) (Entered: 07/09/2007)

MOTION for Hearing by Friends of Lakeview School District Incorporation No. 25 of Phillips County, Henrietta Wilson, Linell Lewis, Dwight Swanigan, Connie L Burks-Wilkins, Gussie Martin; EXHIBIT - TRANSCRIPT Of 8/22/05 Hearing in paper format only (dac) (Modified on 7/9/2007 - Entry is DUPLICATE of #63; motion terminated at the request of chambers) (bfw). (Entered: 07/09/2007)

NOTICE OF DOCKET CORRECTION: 63 MOTION for Ruling - (entry modified to indicate Transcript of 8/22/05 Hearing received on 7/9/07 and is available in paper format only) (bfw)

NOTICE OF DOCKET CORRECTION: 68 MOTION for Hearing - (DUPLICATE Entry of 63 - motion terminated at the request of chambers) (bfw)

MOTION to Dismiss Renewed by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, Mary Jane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education (McCoy, Matthew) (Entered: 07/09/2007)

ORDER denying 63 Motion for Ruling; granting 69 Motion to Renew Motion to Dismiss. Signed by Judge William R. Wilson Jr. on 10/11/07. (dac) (Entered: 10/11/2007)

SUPPLEMENTAL MOTION to Dismiss filed by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, MaryJane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education (Attachments: # 1 Exhibit B)(McCoy, Matthew) (Docket entry modified on 11/23/2007 to correct the filing event and description of the document filed.) (thd). (Entered: 10/26/2007)

MOTION to Withdraw as Attorney Colette Dodson Honorable by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, MaryJane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education (McCoy, Matthew) (Entered: 10/29/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 72 Defendants' Motion to Withdraw Counsel. Accordingly, Ms. Colette Dodson Honorable is relieved as counsel. Signed by Judge William R. Wilson Jr. on 10/29/07. (dmm) (Entered: 10/29/2007)

MOTION for Extension of Time to File Response/Reply to 71 Supplemental Mtoion to Dismiss by Friends of Lakeview School District Incorporation No. 25 of Phillips County (Wilson, Jimmie) (Docket entry modified on 11/23/2007 to correct the filing event and the description of the document filed.) (thd) (Entered: 11/21/2007)

Deficiency Letter from Clerk of Court notifying party that 74 Motion for Extension of Time does not contain a statement that the movant contacted the adverse party with regard to the motion (Local Rule 6.2(b)). (thd) (Entered: 11/23/2007)

NOTICE OF DOCKET CORRECTION re: 71 Supplemental MOTION to Dismiss. CORRECTION: The docket entry was modified to correct the filing event and the description of the document filed. (thd)

NOTICE OF DOCKET CORRECTION re: 74 MOTION for Extension of Time to File Response/Reply. CORRECTION: The docket entry was modified to correct the filing event and the description of the document filed. (thd)

RESPONSE in Opposition re 74 MOTION for Extension of Time to File Response/Reply filed by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, MaryJane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education. (McCoy, Matthew) (Entered: 11/26/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part 74 Plaintiffs' Motion for Extension of Time to File Supplemental Response. Plaintiffs' supplemental response must be filed by 5 p.m., Wednesday, December 5, 2007. Signed by Judge William R. Wilson, Jr on 11/26/07. (dmm) Modified on 11/27/2007 to correct typographical error (mkf). (Entered: 11/26/2007)

MOTION to Strike by Friends of Lakeview School District Incorporation No. 25 of Phillips County (Wilson, Jimmie) (Entered: 12/05/2007)

NOTICE of filing exhibits A - G by Henrietta Wilson, Linell Lewis, Dwight Swanigan, Connie L Burks-Wilkins, Gussie Martin re 79 MOTION to Strike (dac) (Entered: 12/06/2007)

ORDER denying 79 Motion to Strike and the remainder of the brief will be considered a response to 71 MOTION to Dismiss. Signed by Judge William R. Wilson, Jr on 12/7/07. (dac) (Entered: 12/07/2007)

RESPONSE to 71 MOTION to Dismiss filed by Friends of Lakeview School District Incorporation No. 25 of Phillips County. (Filed as Addendum Event to DE#79 Motion to Strike pursuant to 81 Order. (mkf)

NOTICE by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, MaryJane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education of Supplemental Authority (Attachments: # 1 Supplement Legal Authority)(McCoy, Matthew) (Entered: 01/11/2008)

MOTION to Consolidate Cases by Friends of Lakeview School District Incorporation No. 25 of Phillips County (Wilson, Jimmie) (Entered: 01/22/2008)

RESPONSE in Opposition re 83 MOTION to Consolidate Cases filed by Calvin King, Jonell Caldwell, Shelby Hellman, Diane Tatum, Naccaman Williams, Randy Lawson, Jeanna Westmoreland, Sherry Burrow, MaryJane Rebick, Arkansas, State of, Mike Huckabee, Kenneth James, Arkansas State Board of Education. (McCoy, Matthew) (Entered: 01/31/2008)

ORDER denying 83 Motion to Consolidate Cases. Signed by Judge William R. Wilson, Jr on 2/14/08. (mkf) (Entered: 02/14/2008)

ORDER granting 71 Supplemental Motion to Dismiss; case is DISMISSED. Signed by Judge William R. Wilson, Jr on 4/8/08. (mkf) (Entered: 04/08/2008)

MOTION for New Trial by Friends of Lakeview School District Incorporation No. 25 of Phillips County (Attachments: # 1 Document)(Wilson, Jimmie) (Entered: 04/18/2008)

BRIEF IN SUPPORT filed by Friends of Lakeview School District Incorporation No. 25 of Phillips County re 87 Motion for New Trial (Wilson, Jimmie) (Entered: 04/18/2008)

ORDER denying 87 Plaintiffs' Motion for New Trial. Signed by Judge William R. Wilson, Jr on 4/21/08. (thd) (Entered: 04/21/2008)

NOTICE OF APPEAL by Friends of Lakeview School District Incorporation No. 25 of Phillips County. (Wilson, Jimmie) (Entered: 05/19/2008)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 89 Order on Motion for New Trial, 86 Order on Motion to Dismiss, 90 Notice of Appeal. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. FORM A & B SHOULD BE SUBMITTED TO EIGHTH CIRCUIT COURT OF APPEALS CLERK'S OFFICE. (dac) (Entered: 05/20/2008)