Case: Arkansas State Conference NAACP v. Arkansas Board of Apportionment

Arkansas State Conference NAACP v. Arkansas Board of Appointment

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by Arkansas State Conference NAACP and Arkansas Public Policy Panel against All Defendants (Fee $ 402, Receipt Number LIT085017). Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet) (ldb) (Entered: 12/29/2021)

1 Civil Cover Sheet

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MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7- part 1, # 8 Exhibit 7- part 2, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Sullivan, Gary) (Entered: 12/29/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7- part 1

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8 Exhibit 7- part 2

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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BRIEF IN SUPPORT re 2 Motion for Preliminary Injunction, filed by All Plaintiffs. (Sullivan, Gary) (Entered: 12/29/2021)

MOTION for Leave to Appear pro hac vice by Angela M. Liu. Fee $100 receipt number AAREDC-4175407. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Neil A. Steiner. Fee $100 receipt number AAREDC-4175412. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Matthew F. Williams. Fee $100 receipt number AAREDC-4175415. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Luke Reilly. Fee $100 receipt number AAREDC-4175418. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Bryan L. Sells. Fee $100 receipt number AAREDC-4175421. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part the request for expedited briefing and consideration. The Court understands the need for expedited consideration of the Motion for Preliminary Injunction. On the other hand, given the importance of the issues at bar, the complexity of the law in this area, and the significant factual development necessary in these types of cases, the Court does not want to short-change any party with respect to the briefing schedule. Defendants' response brief(s) will be due by 11:59 p.m. on Thursday, January 13, 2022. Plaintiffs may file a reply brief by 11:59 p.m. on Thursday, January 20, 2022. The Court will hold a preliminary injunction hearing on Monday, January 24, 2022. That hearing may last more than one day if necessary. The Court expects the parties to present both evidence and legal argument at the preliminary injunction hearing. The Court is focused on filing a written decision on the preliminary injunction motion by February 1, 2022. If any party believes that timeline presents insurmountable administrative or substantive problems, that party should file a motion for reconsideration of this timeline no later than the end of the day tomorrow.Signed by Judge Lee P. Rudofsky on 12/30/2021. (nab) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 4 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/30/2021. (gvl) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 5 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/30/2021. (gvl) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 6 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/30/2021. (gvl) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 7 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/30/2021. (gvl) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 8 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/30/2021. (gvl) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Ceridwen Cherry. Fee $100 receipt number AAREDC-4175630. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Jonathan Topaz. Fee $100 receipt number AAREDC-4175632. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

MOTION for Leave to Appear pro hac vice by Sophia Lin Lakin. Fee $100 receipt number AAREDC-4175633. Filed by All Plaintiffs (Sullivan, Gary) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) If any party believes the law requires this case to be heard by a three-judge panel, that party must file a motion explaining its position on or before Tuesday, January 4, 2022. Signed by Judge Lee P. Rudofsky on 12/30/2021. (nab) (Entered: 12/30/2021)

CERTIFICATE OF SERVICE by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Sullivan, Gary) (Entered: 12/30/2021)

CERTIFICATE OF SERVICE by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Sullivan, Gary) (Entered: 12/30/2021)

CERTIFICATE OF SERVICE by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Sullivan, Gary) (Entered: 12/30/2021)

CERTIFICATE OF SERVICE by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Sullivan, Gary) (Entered: 12/30/2021)

CERTIFICATE OF SERVICE by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Sullivan, Gary) (Entered: 12/30/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 15 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/31/2021. (gvl) (Entered: 12/31/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 16 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/31/2021. (gvl) (Entered: 12/31/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 17 Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 12/31/2021. (gvl) (Entered: 12/31/2021)

MOTION for Recusal by All Plaintiffs (Attachments: # 1 Exhibit 1: Rudofsky Judicial Questionnaire, # 2 Exhibit 2: Political Donations of Lee Rudofsky, # 3 Exhibit 3: Code of Conduct for United States Judges)(Sells, Bryan) (Additional attachment(s) added on 1/3/2022: # 4 Main Document - Correct) (jak). (Entered: 12/31/2021)

1 Exhibit 1: Rudofsky Judicial Questionnaire

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2 Exhibit 2: Political Donations of Lee Rudofsky

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3 Exhibit 3: Code of Conduct for United States Judges

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4 Main Document - Correct

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BRIEF IN SUPPORT re 27 Motion for Recusal filed by All Plaintiffs. (Sells, Bryan) (Entered: 12/31/2021)

NOTICE of Appearance by Asher Steinberg on behalf of All Defendants (Steinberg, Asher) (Entered: 12/31/2021)

First MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by All Defendants (Attachments: # 1 Exhibit)(Steinberg, Asher) (Entered: 12/31/2021)

1 Exhibit

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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) If Defendants intend to respond to Plaintiffs' Motion for Recusal, they must do so on or before Tuesday, January 4, 2022. If Defendants do not intend to respond to the Motion, they must so inform the Court on or before Monday, January 3, 2022. Signed by Judge Lee P. Rudofsky on 12/31/2021. (nab) (Entered: 12/31/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Plaintiffs have until 11:59 p.m. on Monday, January 3, 2022 to respond to 30 Defendants' Motion for Extension of Time. Signed by Judge Lee P. Rudofsky on 12/31/2021. (nab) (Entered: 12/31/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Telephone Conference set for 1/4/2022 at 10:00 AM before Judge Lee P. Rudofsky. (hml) (Entered: 12/31/2021)

NOTICE OF DOCKET CORRECTION re 27 MOTION for Recusal. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added to docket entry 27 based on the attached correspondence. (jak) (Entered: 01/03/2022)

RESPONSE in Opposition re 30 First MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction filed by Arkansas Public Policy Panel, Arkansas State Conference NAACP. (Sells, Bryan) (Entered: 01/03/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER cancelling 33 Telephone Conference scheduled for 1/4/2022 at 10:00 AM. Signed by Judge Lee P. Rudofsky on 1/3/2022. (hml) (Entered: 01/03/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part 30 Defendants' First Motion for Extension of Time. Defendants' Response(s) to Plaintiffs' Motion for Preliminary Injunction will now be due by 5:00 p.m. on Wednesday, January 19, 2022. Plaintiffs' Reply will be due by 5:00 p.m. on Wednesday, January 26, 2022. The preliminary injunction hearing will begin Thursday, January 27, 2022 at 10:00 a.m. There is good cause for a very limited extension of the briefing schedule--considering how fact intensive this case is and the size and scope of Plaintiffs' filings. However, Plaintiffs are still correct about the importance of getting to a decision without delay. The Court is hopeful that, on this schedule, it can still decide the preliminary injunction motion by the beginning of February. Today's order is without prejudice to Plaintiffs' recusal motion. The Court will decide that motion shortly, but the parties need a ruling on the schedule now. Signed by Judge Lee P. Rudofsky on 1/03/2022. (gvl) (Entered: 01/03/2022)

RESPONSE in Opposition re 27 MOTION for Recusal filed by All Defendants. (Steinberg, Asher) (Entered: 01/04/2022)

MOTION for Leave to File a Reply in Support of the Plaintiffs' Motion for Recusal by Arkansas Public Policy Panel, Arkansas State Conference NAACP (Attachments: # 1 proposed reply brief)(Sells, Bryan) (Entered: 01/05/2022)

1 proposed reply brief

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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 39 Plaintiffs' Motion for Leave to File a Reply in Support of Motion for Recusal. Signed by Judge Lee P. Rudofsky on 1/5/2022. (hml) (Entered: 01/05/2022)

REPLY to Response to Motion re 27 MOTION for Recusal filed by All Plaintiffs. (Sells, Bryan) (Entered: 01/05/2022)

ORDER denying 27 Motion for Recusal. Signed by Judge Lee P. Rudofsky on 1/5/2022. (ldb) (Entered: 01/05/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing: Telephone Conference set for 1/11/2022 at 1:15 PM before Judge Lee P. Rudofsky. (hml) (Entered: 01/06/2022)

ORDER directing each Plaintiff to file an affidavit or declaration under penalty of perjury by 1/14/2022 that: (1) separately identifies each district of the 2021 Arkansas House of Representatives reapportionment map that Plaintiffs claim is "packed" or "cracked"; and (2) for each such district, provides a statement that informs the Court whether the Plaintiff has as a member of its organization an "African-American registered voter" who lives in the district. Signed by Judge Lee P. Rudofsky on 1/10/2022. (ldb) (Entered: 01/10/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Telephone Conference held on 1/11/2022 to discuss administrative procedures for the upcoming preliminary injunction hearing. (Plaintiffs: Angela Liu, Bryan Sells, Ceridwen Cherry, Gary Sullivan, Jonathan Topaz, and Luke Reilly; Defendants: Asher Steinberg; Court Reporter: Karen Dellinger.) (hml) (Entered: 01/11/2022)

First MOTION for Extension of Time to File Answer by All Defendants (Steinberg, Asher) (Entered: 01/12/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 46 unopposed Motion to Extend Responsive Pleading deadline. Signed by Judge Lee P. Rudofsky on 1/13/2022. (nab) (Entered: 01/13/2022)

TRANSCRIPT of Telephone Conference held on 1/11/2022, before Judge Lee P. Rudofsky. Court Reporter Karen Dellinger. 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 1/20/2022. Redaction Request due 2/3/2022. Redacted Transcript Deadline set for 2/14/2022. Release of Transcript Restriction set for 4/13/2022. (fcd) (Entered: 01/13/2022)

ORDER authorizing Ms. Angela Lin, Mr. Bryan Sells, Ms. Ceridwen Cherry, Mr. Gary Sullivan, Mr. Jonathan Topaz, Mr. Luke Reilly, Mr. Matthew Williams, Mr. Neil Steiner, Ms. Sophia Lakin, Mr. Asher Steinberg, and Mr. Stephen Najarian to bring a cell phone, laptop computer, or person digital assistant into the courthouse on 1/27/2022 through 1/31/2022 for a hearing before Judge Lee P. Rudofsky. Signed by Judge Lee P. Rudofsky on 1/18/2022. (hml) (Entered: 01/18/2022)

MOTION for Order Taking Judicial Notice of Census Data by All Plaintiffs (Attachments: # 1 Exhibit 11 - compiled census data)(Sells, Bryan) (Entered: 01/19/2022)

1 Exhibit 11 - compiled census data

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NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 01/19/2022)

NOTICE of Appearance by Nicholas J. Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 01/19/2022)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit Exhibit 1, Declaration of Andy Davis, # 2 Exhibit Exhibit 2, Declaration of Josh Bridges, # 3 Exhibit Exhibit 3, Declaration of Finos Johnson, # 4 Exhibit Exhibit 4, Report of Brad Lockerbie, Ph.D.)(Steinberg, Asher) (Entered: 01/19/2022)

1 Exhibit Exhibit 1, Declaration of Andy Davis

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2 Exhibit Exhibit 2, Declaration of Josh Bridges

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3 Exhibit Exhibit 3, Declaration of Finos Johnson

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4 Exhibit Exhibit 4, Report of Brad Lockerbie, Ph.D.

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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on 2 MOTION for Preliminary Injunction: Motion Hearing set for 1/27/2022 at 10:00 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) (Entered: 01/20/2022)

ORDER: The Court expects the parties to be prepared to discuss at the hearing: (1) whether private right of action questions are considered jurisdictional in the Eighth Circuit; and (2) whether there is a private right of action that authorizes the claims brought and the relief sought by the Plaintiff-organizations in this case. Plaintiffs may address these questions in their forthcoming Reply Brief, and Defendants may address these questions in their standing-related Surreply. All parties should understand that, unless the Court concludes that private right of action questions are considered jurisdictional in the Eighth Circuit, any potential arguments in this area have been forfeited by Defendants for purposes of the Preliminary Injunction Motion. Signed by Judge Lee P. Rudofsky on 1/20/2022. (ldb) (Entered: 01/20/2022)

NOTICE of Appearance by Jennifer L. Merritt on behalf of All Defendants (Merritt, Jennifer) (Entered: 01/20/2022)

DECLARATION of Bill Kopsky by Arkansas Public Policy Panel. re 44 Order,,. (Sullivan, Gary) (Entered: 01/20/2022)

DECLARATION of Barry Jefferson by Arkansas State Conference NAACP. (Sullivan, Gary) (Entered: 01/20/2022)

MOTION to Quash Constitutional-Officer Subpoenas, MOTION to Expedite Consideration () by Asa Hutchinson, Leslie Rutledge, John Thurston (Attachments: # 1 Exhibit Subpoenas, # 2 Exhibit Emails from counsel)(Jacobs, Dylan) (Entered: 01/21/2022)

BRIEF IN SUPPORT re 59 Motion to Quash, Motion to Expedite filed by Asa Hutchinson, Leslie Rutledge, John Thurston. (Jacobs, Dylan) (Entered: 01/21/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER Granting in Part Request to Expedite. Plaintiffs are directed to respond to the Motion to Quash by 10:00 am (central time) on Monday, January 24, 2022. Defendants may file a Reply by 9:00 am (central time) on Tuesday, January 25, 2022. The Court will hold a telephonic hearing on the issues presented by the Motion to Quash at 12:30 pm (central time) on Tuesday, January 25, 2022. Signed by Judge Lee P. Rudofsky on 1/21/2022. (nab) (Entered: 01/21/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Telephone Hearing on 59 MOTION to Quash: Telephone Hearing set for 1/25/2022 at 12:30 PM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) (Entered: 01/21/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) I am vaccinated and boosted. Two members of my household (one is vaccinated and boosted; the other is not eligible for the vaccine) tested positive for Covid-19 in the last several days. Then, on Sunday, I developed symptoms consistent with Covid-19. Out of concern for the safety of Court staff, litigants, and attorneys, I have chosen to quarantine until I receive a PCR result. Given the current overload on the testing system, I am not sure when I will get that result. Accordingly, the in-person PI hearing will need to be rescheduled to start the first part of the first week of February. My courtroom deputy will reach out to the parties to work on scheduling. The telephonic hearing on the motion to quash subpoenas will be rescheduled to this Thursday. Signed by Judge Lee P. Rudofsky on 01/24/2022. (gvl) (Entered: 01/24/2022)

RESPONSE in Opposition re 59 MOTION to Quash Constitutional-Officer Subpoenas MOTION to Expedite Consideration filed by All Plaintiffs. (Sullivan, Gary) (Entered: 01/24/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Telephone Hearing on 59 MOTION to Quash: Telephone Hearing reset for 1/27/2022 at 10:00 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) (Docket text modified on 1/24/2022 to correct a typographical error pursuant to instruction from Chambers) (jak) (Entered: 01/24/2022)

NOTICE OF DOCKET CORRECTION re 65 Notice of Telephone Hearing. CORRECTION: The docket text was modified to correct the date of the hearing as 1/27/2022 at 10:00 a.m. pursuant to instruction from Chambers.(jak)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on 2 MOTION for Preliminary Injunction: Motion Hearing reset for 2/1/2022 at 1:00 PM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) (Entered: 01/25/2022)

REPLY to Response to Motion re 59 MOTION to Quash Constitutional-Officer Subpoenas MOTION to Expedite Consideration filed by Asa Hutchinson, Leslie Rutledge, John Thurston. (Jacobs, Dylan) (Entered: 01/25/2022)

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Document Exhibit 12, # 2 Exhibit Exhibit 13, # 3 Exhibit Exhibit 14, # 4 Exhibit Exhibit 15)(Sullivan, Gary) (Entered: 01/26/2022)

1 Document Exhibit 12

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2 Exhibit Exhibit 13

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3 Exhibit Exhibit 14

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4 Exhibit Exhibit 15

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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing held on 1/27/2022 re 59 MOTION to Quash. After hearing argument from the parties, the Court took the matter under advisement. (Plaintiffs: Angela Liu, Bryan Sells, Ceridwen Cherry, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, and Jennifer Merritt; Court Reporter Valarie Flora.) (hml) (Entered: 01/27/2022)

NOTICE of Appearance by Shannon S. Smith on behalf of USA. (fjg) (Entered: 01/28/2022)

STATEMENT of Interest filed by USA. (fjg) (Additional attachment(s) added on 1/31/2022: # 1 Exhibit 1 - Correct (submitted 1/31/2022), # 2 Exhibit 2 - Correct (submitted 1/31/2022)) (jak). (Entered: 01/28/2022)

1 Exhibit 1 - Correct (submitted 1/31/2022)

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2 Exhibit 2 - Correct (submitted 1/31/2022)

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RESPONSE to Motion re 50 MOTION for Order Taking Judicial Notice of Census Data filed by All Defendants. (Jacobs, Dylan) (Entered: 01/29/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 50 Motion for Order. Signed by Judge Lee P. Rudofsky on 01/29/2022. (gvl) (Entered: 01/29/2022)

ORDER granting 59 Motion to Quash. The three constitutional officers at issue here do not need to attend, or testify, at the preliminary injunction hearing. Signed by Judge Lee P. Rudofsky on 1/31/2022. (ldb) (Entered: 01/31/2022)

NOTICE of Appearance by Michael Allen Mosley on behalf of Arkansas Board of Apportionment, Arkansas, State of, Asa Hutchinson, Leslie Rutledge, John Thurston (Mosley, Michael) (Entered: 01/31/2022)

NOTICE OF DOCKET CORRECTION re 71 STATEMENT of Interest filed by USA. CORRECTION: The original exhibits were attached in error due to a clerical mistake by the Clerk's office. The exhibits 1 and 2 were added to docket entry 71 based on the attached correspondence. (jak) (Entered: 01/31/2022)

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction Surreply filed by All Defendants. (Steinberg, Asher) (Entered: 01/31/2022)

DECLARATION of Josh Bridges by Arkansas Board of Apportionment, Arkansas, State of, Asa Hutchinson, Leslie Rutledge, John Thurston. (Steinberg, Asher) (Entered: 01/31/2022)

MOTION to Quash Eleventh-Hour Subpoenas, MOTION to Expedite and for Expedited Consideration () by All Defendants (Attachments: # 1 Exhibit Niehaus Subpoena, # 2 Exhibit Rhodes Subpoena, # 3 Exhibit Email from Counsel)(Jacobs, Dylan) (Entered: 02/01/2022)

1 Exhibit Niehaus Subpoena

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2 Exhibit Rhodes Subpoena

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3 Exhibit Email from Counsel

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BRIEF IN SUPPORT re 79 Motion to Quash,, Motion to Expedite, filed by All Defendants. (Jacobs, Dylan) (Entered: 02/01/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing began on 2/1/2022 re 2 MOTION for Preliminary Injunction. Plaintiffs' opening statement and witness testimony began. (Plaintiffs: Bryan Sells, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, Jennifer Merritt, and Michael Mosley; Court Reporters: Valarie Flora and Teresa Hollingsworth.) (hml) (Entered: 02/01/2022)

STIPULATION Joint by Arkansas Public Policy Panel, Arkansas State Conference NAACP. (Sullivan, Gary) (Entered: 02/02/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing continued on 2/2/2022 re 2 MOTION for Preliminary Injunction. Witness testimony continued. (Plaintiffs: Bryan Sells, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, Jennifer Merritt, and Michael Mosley; Court Reporters: Valarie Flora, Karen Dellinger, and Elaine Hinson.) (hml) (Entered: 02/02/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 79 Motion to Quash. For the reasons stated on the record at the beginning of the Preliminary Injunction hearing, this Motion to Quash is granted. Signed by Judge Lee P. Rudofsky on 02/02/2022. (gvl) (Entered: 02/02/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing continued on 2/5/2022 re 2 MOTION for Preliminary Injunction. Witness testimony continued. (Plaintiffs: Bryan Sells, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, and Jennifer Merritt; Court Reporters: Valarie Flora and Teresa Hollingsworth.) (hml) (Entered: 02/05/2022)

TRANSCRIPT of Preliminary Injunction Hearing - Volume 1 held on 2/1/2022, before Judge Judge Lee P. Rudofsky. Court Reporters Valarie D. Flora and Teresa Hollingsworth. 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 2/14/2022. Redaction Request due 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/9/2022. (jbh) (Entered: 02/07/2022)

TRANSCRIPT of Preliminary Injunction Hearing - Volume 2 held on 2/2/2022, before Judge Judge Lee P. Rudofsky. Court Reporters Valarie D. Flora, Karen Dellinger, and Elaine Hinson. 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 2/14/2022. Redaction Request due 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/9/2022. (jbh) (Entered: 02/07/2022)

TRANSCRIPT of Preliminary Injunction Hearing - Volume 3 held on 2/5/2022, before Judge Lee P. Rudofsky. Court Reporters Teresa Hollingsworth and Valarie D. Flora. 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 2/14/2022. Redaction Request due 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/9/2022. (jbh) (Entered: 02/07/2022)

MOTION to Withdraw as Attorney by All Defendants (Mosley, Michael) (Entered: 02/07/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 89 Motion to Withdraw as Attorney. Attorney Michael Allen Mosley terminated as counsel of record for the Defendants. Signed by Judge Lee P. Rudofsky on 2/7/2022. (hml) (Entered: 02/07/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing continued on 2/7/2022 re 2 MOTION for Preliminary Injunction. Witness testimony continued. Plaintiffs case completed. Defendants case began and completed. (Plaintiffs: Bryan Sells, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, and Jennifer Merritt; Court Reporters: Teresa Hollingsworth, Valarie Flora, and Karen Dellinger.) (hml) (Entered: 02/07/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing completed on 2/8/2022 re 2 MOTION for Preliminary Injunction. Plaintiffs presented closing statement. Plaintiffs and Defendants provided closing arguments. Court took the matter under advisement. Order to be entered under separate entry. (Plaintiffs: Bryan Sells, Gary Sullivan, Jonathan Topaz, and Neil Steiner; Defendants: Asher Steinberg, Nicholas Bronni, Dylan Jacobs, and Jennifer Merritt; Court Reporters: Karen Dellinger, Teresa Hollingsworth, and Valarie Flora.) (hml) (Entered: 02/08/2022)

Witness List by Arkansas Public Policy Panel and Arkansas State Conference NAACP for Preliminary Injunction Hearing.(hml) (Entered: 02/16/2022)

Exhibit List by Arkansas Public Policy Panel and Arkansas State Conference NAACP for Preliminary Injunction Hearing.(hml) (Entered: 02/16/2022)

Witness List by Arkansas Board of Apportionment, State of Arkansas, Asa Hutchinson, Leslie Rutledge, and John Thurston for Preliminary Injunction Hearing. (hml) (Entered: 02/16/2022)

Exhibit List by Arkansas Board of Apportionment, State of Arkansas, Asa Hutchinson, Leslie Rutledge, and John Thurston for Preliminary Injunction Hearing. (hml) (Entered: 02/16/2022)

COURT'S Exhibit List for Preliminary Injunction Hearing.(hml) (Entered: 02/16/2022)

TRANSCRIPT of Preliminary Injunction Hearing - Volume 4 held on 2/7/2022, before Judge Lee P. Rudofsky. Court Reporters Teresa Hollingsworth, Valarie Flora, and Karen Dellinger. 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 2/17/2022. Redaction Request due 3/3/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/11/2022. (fcd) (Entered: 02/10/2022)

TRANSCRIPT of Preliminary Injunction Hearing - Volume 5 held on 2/8/2022, before Judge Lee P. Rudofsky. Court Reporters Karen Dellinger, Teresa Hollingsworth, and Valarie Flora. 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 2/17/2022. Redaction Request due 3/3/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/11/2022. (fcd) (Entered: 02/10/2022)