1
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CIVIL COVER SHEET by All Plaintiffs. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (lgd) (Entered: 06/02/2023)
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June 2, 2023
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June 2, 2023
RECAP
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2
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COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AARWDC-2784265), filed by Eureka Springs Carnegie Public Library, Central Arkansas Library System, Nate Coulter. (Attachments: # 1 Exhibit 1 - Act 372, # 2 Exhibit 2 - Response to Demand, # 3 Exhibit 3 - Letter to Library)(Adams, John) (Entered: 06/02/2023)
1 Exhibit 1 - Act 372
View on RECAP
2 Exhibit 2 - Response to Demand
View on RECAP
3 Exhibit 3 - Letter to Library
View on RECAP
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June 2, 2023
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June 2, 2023
RECAP
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3
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Magistrate Notice/Consent Form furnished. (lgd) (Entered: 06/02/2023)
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June 2, 2023
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June 2, 2023
PACER
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4
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MOTION for Attorney Ben Seel to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784926) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Seel, Benjamin) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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5
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MOTION for Attorney Will Bardwell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784956) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Bardwell, Will) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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6
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MOTION for Attorney Michael A. Bamberger to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785274) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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7
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MOTION for Attorney Kristen C. Rodriguez to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785293) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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8
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MOTION for Attorney to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785311) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)
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June 5, 2023
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June 5, 2023
PACER
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9
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TEXT ONLY ORDER GRANTING 4 Motion to Appear Pro Hac Vice. BEN SEEL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)
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June 6, 2023
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June 6, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
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June 6, 2023
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June 6, 2023
PACER
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10
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TEXT ONLY ORDER GRANTING 5 Motion to Appear Pro Hac Vice. WILL BARDWELL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)
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June 6, 2023
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June 6, 2023
PACER
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11
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TEXT ONLY ORDER GRANTING 6 Motion to Appear Pro Hac Vice. MICHAEL A. BAMBERGER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)
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June 6, 2023
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June 6, 2023
PACER
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12
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TEXT ONLY ORDER GRANTING 7 Motion to Appear Pro Hac Vice. KRISTEN C. RODRIGUEZ is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)
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June 6, 2023
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June 6, 2023
PACER
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13
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TEXT ONLY ORDER GRANTING 8 Motion to Appear Pro Hac Vice. REBECCA HUGHES PARKER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)
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June 6, 2023
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June 6, 2023
PACER
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14
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NOTICE of Appearance by Christine A. Cryer on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Cryer, Christine) (Entered: 06/14/2023)
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June 14, 2023
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June 14, 2023
PACER
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15
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WAIVER OF SERVICE Returned Executed filed by Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. All Defendants. (Adams, John) (Entered: 06/15/2023)
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June 15, 2023
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June 15, 2023
PACER
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16
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NOTICE of Appearance by Noah Watson on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah) (Entered: 06/15/2023)
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June 15, 2023
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June 15, 2023
PACER
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17
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NOTICE of Appearance by John Otho Payne on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Payne, John) (Entered: 06/15/2023)
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June 15, 2023
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June 15, 2023
PACER
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18
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MOTION for Attorney Aman George to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2793864) by Advocates for All Arkansas Libraries, Arkansas Library Association. (George, Aman) (Entered: 06/21/2023)
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June 21, 2023
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June 21, 2023
PACER
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19
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MOTION for Attorney Orlando Economos to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2794117) by Advocates for All Arkansas Libraries, Arkansas Library Association. (Economos, Orlando) (Entered: 06/21/2023)
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June 21, 2023
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June 21, 2023
PACER
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20
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TEXT ONLY ORDER GRANTING 18 Motion to Appear Pro Hac Vice. AMAN GEORGE appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc) (Entered: 06/22/2023)
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June 22, 2023
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June 22, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
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June 22, 2023
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June 22, 2023
PACER
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21
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TEXT ONLY ORDER GRANTING 19 Motion to Appear Pro Hac Vice. ORLANDO ECONOMOS appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc) (Entered: 06/22/2023)
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June 22, 2023
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June 22, 2023
PACER
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22
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MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit Declaration of John Adams, # 2 Exhibit Declaration of Deborah Caldwell-Stone, # 3 Exhibit Declaration of Leta Caplinger, # 4 Exhibit Declaration of Carol Coffey, # 5 Exhibit Declaration of Nate Coulter, # 6 Exhibit Declaration Christina Danos, # 7 Exhibit Declaration of Olivia Farrell, # 8 Exhibit Declaration of David Grogan, # 9 Exhibit Declaration of David Johnson, # 10 Exhibit Declaration of Daniel Jordan, # 11 Exhibit Declaration of Hayden Kirby, # 12 Exhibit Declaration of Mary E. Rasenberger, # 13 Exhibit Declaration of Matthew D. Stratton, # 14 Exhibit Declaration of Jeff Trexler, # 15 Exhibit Declaration of Adam Webb, # 16 Exhibit Declaration of Kandi West)(Adams, John) (Entered: 06/22/2023)
1 Exhibit Declaration of John Adams
View on PACER
2 Exhibit Declaration of Deborah Caldwell-Stone
View on PACER
3 Exhibit Declaration of Leta Caplinger
View on PACER
4 Exhibit Declaration of Carol Coffey
View on PACER
5 Exhibit Declaration of Nate Coulter
View on PACER
6 Exhibit Declaration Christina Danos
View on PACER
7 Exhibit Declaration of Olivia Farrell
View on PACER
8 Exhibit Declaration of David Grogan
View on PACER
9 Exhibit Declaration of David Johnson
View on PACER
10 Exhibit Declaration of Daniel Jordan
View on PACER
11 Exhibit Declaration of Hayden Kirby
View on PACER
12 Exhibit Declaration of Mary E. Rasenberger
View on PACER
13 Exhibit Declaration of Matthew D. Stratton
View on RECAP
14 Exhibit Declaration of Jeff Trexler
View on PACER
15 Exhibit Declaration of Adam Webb
View on PACER
16 Exhibit Declaration of Kandi West
View on PACER
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June 22, 2023
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June 22, 2023
RECAP
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23
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MEMORANDUM BRIEF in Support of 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 06/22/2023)
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June 22, 2023
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June 22, 2023
RECAP
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24
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NOTICE of Appearance by Forrest Stobaugh on behalf of Crawford County, Arkansas, Chris Keith. (Stobaugh, Forrest) (Entered: 06/23/2023)
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June 23, 2023
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June 23, 2023
PACER
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25
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NOTICE of Appearance by James D Rankin, III on behalf of Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 06/23/2023)
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June 23, 2023
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June 23, 2023
PACER
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26
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NOTICE of Appearance by Samuel McLelland on behalf of Crawford County, Arkansas, Chris Keith. (McLelland, Samuel) (Entered: 06/23/2023)
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June 23, 2023
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June 23, 2023
PACER
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27
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NOTICE of Appearance by Gentry Carlin Wahlmeier on behalf of Crawford County, Arkansas, Chris Keith. (Wahlmeier, Gentry) (Entered: 06/27/2023)
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June 27, 2023
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June 27, 2023
PACER
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28
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ORDER SETTING BRIEFING SCHEDULE AND HEARING on 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order :( Motion Hearing set for 7/25/2023 10:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.) (See ORDER for specific deadlines). Signed by Honorable Timothy L. Brooks on June 27, 2023. (lgd) (Entered: 06/27/2023)
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June 27, 2023
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June 27, 2023
RECAP
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29
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MOTION TO TRANSFER CASE and NOTICE by Crawford County, Arkansas, Chris Keith Notice of Related Case (Rankin, James) Modified on 6/28/2023 (slc). (Entered: 06/27/2023)
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June 27, 2023
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June 27, 2023
PACER
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30
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NOTICE of Appearance by Michael Bamberger on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Bamberger, Michael) (Entered: 06/28/2023)
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June 28, 2023
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June 28, 2023
PACER
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31
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NOTICE of Appearance by Kristen Rodriguez on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Rodriguez, Kristen) (Entered: 06/28/2023)
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June 28, 2023
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June 28, 2023
PACER
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32
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NOTICE of Appearance by Rebecca Hughes Parker on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Parker, Rebecca) (Entered: 06/28/2023)
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June 28, 2023
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June 28, 2023
PACER
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33
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RESPONSE IN OPPOSITION TO Motion re 29 MOTION to Transfer Case filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
RECAP
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Order
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June 29, 2023
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June 29, 2023
PACER
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34
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**CORRECTED DATE** TEXT ONLY ORDER setting a response deadline of JULY 3, 2023, for the pending MOTION to Transfer Case 29 filed by Separate Defendants Crawford County, Arkansas, and County Judge Chris Keith. Plaintiffs filed their collective response to the Motion today. If any other Defendant wishes to file a response, it must be received by the Court by the deadline. Signed by Honorable Timothy L. Brooks on June 29, 2023. (ee) Modified on 6/29/2023 (slc). (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
PACER
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35
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MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/05/2023)
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July 5, 2023
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July 5, 2023
PACER
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36
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MEMORANDUM BRIEF in Support of 35 MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/05/2023)
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July 5, 2023
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July 5, 2023
RECAP
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37
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RESPONSE IN OPPOSITION TO Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah) (Entered: 07/06/2023)
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July 6, 2023
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July 6, 2023
RECAP
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38
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RESPONSE IN OPPOSITION TO Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit 1)(Rankin, James) (Entered: 07/06/2023)
1 Exhibit 1
View on RECAP
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July 6, 2023
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July 6, 2023
RECAP
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39
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MOTION for Leave to Exceed Page Limitation by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
PACER
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Order on Motion for Leave to File Excess Pages
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July 7, 2023
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July 7, 2023
PACER
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40
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TEXT ONLY ORDER granting 39 Motion for Leave to File Excess Pages. Signed by Honorable Timothy L. Brooks on July 7, 2023. (ee) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
PACER
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41
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ORDER denying 29 Motion to Transfer Case. Signed by Honorable Timothy L. Brooks on July 7, 2023. (tg) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
PACER
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42
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REPLY to Response to Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit A - List of Books, # 2 Exhibit B - Crawford County Quorum Court - Journal of Procedures 12-19-22, # 3 Exhibit C - Crawford County Quorum Court - Journal of Procedures 1-17-23)(Adams, John) (Entered: 07/13/2023)
1 Exhibit A - List of Books
View on PACER
2 Exhibit B - Crawford County Quorum Court - Journal of Procedures 12-19-22
View on PACER
3 Exhibit C - Crawford County Quorum Court - Journal of Procedures 1-17-23
View on PACER
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July 13, 2023
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July 13, 2023
RECAP
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43
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RESPONSE IN OPPOSITION TO Motion re 35 MOTION to Dismiss for Failure to State a Claim filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 07/19/2023)
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July 19, 2023
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July 19, 2023
RECAP
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44
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MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A - Pltf Witness List, # 2 Exhibit B - Sep Dfdt Crawford Co Witness List)(Rankin, James) (Entered: 07/21/2023)
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July 21, 2023
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July 21, 2023
PACER
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45
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MEMORANDUM BRIEF in Support of 44 MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/21/2023)
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July 21, 2023
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July 21, 2023
RECAP
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46
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MOTION for Leave to File Reply by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A Reply in Support of Motion to Dismiss)(Rankin, James) (Entered: 07/24/2023)
1 Exhibit A Reply in Support of Motion to Dismiss
View on RECAP
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July 24, 2023
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July 24, 2023
PACER
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Order on Motion in Limine
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July 24, 2023
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July 24, 2023
PACER
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Order on Motion for Leave
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July 24, 2023
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July 24, 2023
PACER
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47
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TEXT ONLY ORDER granting 46 Separate Defendants Crawford County and Chris Keith's Motion for Leave to file a Reply. Signed by Honorable Timothy L. Brooks on July 24, 2023. (jld) (Entered: 07/24/2023)
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July 24, 2023
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July 24, 2023
PACER
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48
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TEXT ONLY ORDER denying 44 Motion in Limine. For purposes of the preliminary injunction hearing, the evidence cited in the Motion is potentially relevant to the claims, issues, and defenses presently before the Court. This ruling is without prejudice to the County Defendants' ability to argue at the hearing why they believe this evidence should not be relied upon in arriving at the Court's ultimate ruling on the matter of preliminary injunctive relief. Signed by Honorable Timothy L. Brooks on July 24, 2023. (ee) (Entered: 07/24/2023)
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July 24, 2023
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July 24, 2023
PACER
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49
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REPLY to Response to Motion re 35 MOTION to Dismiss for Failure to State a Claim filed by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/24/2023)
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July 24, 2023
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July 24, 2023
PACER
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50
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ORDER regarding media request (see order for specifics). Signed by Honorable Timothy L. Brooks on July 25, 2023. (slc) (Entered: 07/25/2023)
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July 25, 2023
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July 25, 2023
RECAP
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51
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Minute Entry for proceedings held before Honorable Timothy L. Brooks: Motion Hearing held on 7/25/2023. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) (Entered: 07/26/2023)
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July 25, 2023
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July 25, 2023
RECAP
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52
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OPINION AND ORDER DENYING 35 The Crawford County Defendants' Motion to Dismiss. The Crawford County Defendants' Answer must be filed no later than August 14, 2023.Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy) Modified on 7/31/2023 to edit text (jlm). (Entered: 07/29/2023)
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July 29, 2023
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July 29, 2023
RECAP
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53
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MEMORANDUM OPINION AND ORDER GRANTING 22 Plaintiffs' Motion for Preliminary Injunction. Sections 1 and 5 of Arkansas Act 372 of 2023 are PRELIMINARILY ENJOINED. Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy) (Entered: 07/29/2023)
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July 29, 2023
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July 29, 2023
RECAP
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54
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ANSWER to 2 Complaint, by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Watson, Noah) (Entered: 08/01/2023)
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Aug. 1, 2023
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Aug. 1, 2023
RECAP
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55
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MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A. Joint Statement of Stipulated of Facts)(Rankin, James) (Entered: 08/07/2023)
1 Exhibit A. Joint Statement of Stipulated of Facts
View on PACER
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Aug. 7, 2023
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Aug. 7, 2023
PACER
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56
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MEMORANDUM BRIEF in Support of 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 08/07/2023)
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Aug. 7, 2023
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Aug. 7, 2023
RECAP
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57
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NOTICE OF FILING OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on July 25, 2023, before Judge Timothy L. Brooks. Court Reporter/Transcriber: Paula K Barden, Telephone number paula_barden@arwd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 8/30/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/7/2023. (pkb) (Entered: 08/09/2023)
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Aug. 9, 2023
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Aug. 9, 2023
PACER
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58
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ANSWER to 2 Complaint, by Crawford County, Arkansas, Chris Keith.(Rankin, James) (Entered: 08/14/2023)
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Aug. 14, 2023
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Aug. 14, 2023
RECAP
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59
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RESPONSE IN OPPOSITION TO Motion re 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Adams, John) (Entered: 08/21/2023)
1 Exhibit 1
View on RECAP
2 Exhibit 2
View on RECAP
3 Exhibit 3
View on RECAP
4 Exhibit 4
View on RECAP
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Aug. 21, 2023
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Aug. 21, 2023
RECAP
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60
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MOTION for Leave to File Reply by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A - Reply)(Rankin, James) (Entered: 08/28/2023)
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Aug. 28, 2023
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Aug. 28, 2023
PACER
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Order on Motion for Leave
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Aug. 28, 2023
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Aug. 28, 2023
PACER
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61
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TEXT ONLY ORDER granting 60 Motion for Leave to File Reply. Signed by Honorable Timothy L. Brooks on August 28, 2023. (ee) (Entered: 08/28/2023)
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Aug. 28, 2023
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Aug. 28, 2023
PACER
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62
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REPLY to Response to Motion re 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, filed by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 08/28/2023)
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Aug. 28, 2023
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Aug. 28, 2023
PACER
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63
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OPINION AND ORDER Denying 55 Motion for Reconsideration to Amend/Correct (See Order for Specifics). Signed by Honorable Timothy L. Brooks on September 26, 2023. (lgd) (Entered: 09/26/2023)
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Sept. 26, 2023
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Sept. 26, 2023
RECAP
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64
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INITIAL SCHEDULING ORDER: Case Management Hearing set for 11/28/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 11/9/2023. Signed by Honorable Timothy L. Brooks on October 5, 2023. (slc) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
RECAP
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65
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Corporate Disclosure Statement by Pearl's Books, LLC, American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Wordsworth Community Bookstore, LLC. (Parker, Rebecca) Modified to correct docket text on 10/24/2023 (tmc). (Entered: 10/24/2023)
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Oct. 24, 2023
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Oct. 24, 2023
PACER
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66
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Corporate Disclosure Statement by Advocates for All Arkansas Libraries, Arkansas Library Association. (Seel, Benjamin) (Entered: 10/24/2023)
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Oct. 24, 2023
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Oct. 24, 2023
PACER
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67
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MOTION for Attorney Jeffrey Dubner to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2867784) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Dubner, Jeffrey) (Entered: 10/31/2023)
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Oct. 31, 2023
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Oct. 31, 2023
RECAP
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Order on Motion to Appear Pro Hac Vice
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Oct. 31, 2023
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Oct. 31, 2023
PACER
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68
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TEXT ONLY ORDER GRANTING 67 Motion to Appear Pro Hac Vice. JEFFREY DUBNER appearing for Advocates for All Libraries, Arkansas Library Assocation, and Adam Webb. Signed by Honorable Timothy L. Brooks on October 31, 2023. (slc) (Entered: 10/31/2023)
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Oct. 31, 2023
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Oct. 31, 2023
PACER
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69
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JOINT REPORT of Rule 26(f) Planning Meeting by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 11/09/2023)
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Nov. 9, 2023
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Nov. 9, 2023
RECAP
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70
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TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 11/28/2023 (via Zoom). (Paula Barden-Court Reporter) (slc) (Entered: 11/28/2023)
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Nov. 28, 2023
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Nov. 28, 2023
PACER
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Case Management Hearing
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Nov. 28, 2023
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Nov. 28, 2023
PACER
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71
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CASE MANAGEMENT ORDER: Final Pretrial Conference set for 10/4/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. BENCH TRIAL set for 10/15/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on December 1, 2023. (slc) (Entered: 12/01/2023)
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Dec. 1, 2023
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Dec. 1, 2023
RECAP
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72
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MOTION for Leave to Amend the Complaint by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Proposed First Amended Complaint)(Adams, John) (Entered: 12/28/2023)
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Dec. 28, 2023
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Dec. 28, 2023
PACER
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73
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RESPONSE IN SUPPORT OF Motion re 72 MOTION for Leave to Amend the Complaint and Request 21 days to file Responsive Pleading to Amended Complaint filed by Crawford County, Arkansas, Chris Keith. (McLelland, Samuel) (Entered: 01/11/2024)
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Jan. 11, 2024
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Jan. 11, 2024
RECAP
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Order on Motion for Leave
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Jan. 11, 2024
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Jan. 11, 2024
PACER
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74
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TEXT ONLY ORDER granting 72 Motion for Leave to File Amended Complaint. Plaintiffs are directed to file their proposed amended complaint of record. Defendants' answers or other responsive pleadings will be due by no later than 21 days after the amended complaint is filed. Signed by Honorable Timothy L. Brooks on January 11, 2024. (ee) (Entered: 01/11/2024)
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Jan. 11, 2024
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Jan. 11, 2024
PACER
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75
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AMENDED COMPLAINT as to 2 Complaint, against All Defendants, filed by Miel Partain, Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Madeline Partain, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. Related document: 2 Complaint, filed by Nate Coulter, Eureka Springs Carnegie Public Library, Central Arkansas Library System. (Attachments: # 1 Exhibit 1 - Act 372, # 2 Exhibit 2 - Response to Demand, # 3 Exhibit 3 - Letter to Library)(Adams, John) (Entered: 01/22/2024)
1 Exhibit 1 - Act 372
View on PACER
2 Exhibit 2 - Response to Demand
View on PACER
3 Exhibit 3 - Letter to Library
View on PACER
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Jan. 22, 2024
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Jan. 22, 2024
RECAP
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76
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MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)
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Feb. 12, 2024
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Feb. 12, 2024
PACER
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77
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MEMORANDUM BRIEF in Support of 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)
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Feb. 12, 2024
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Feb. 12, 2024
RECAP
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78
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ANSWER to 75 Amended Complaint,,, by Crawford County, Arkansas, Chris Keith.(Rankin, James) (Entered: 02/12/2024)
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Feb. 12, 2024
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Feb. 12, 2024
PACER
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79
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Prosecuting Attorneys' ANSWER to 75 Amended Complaint,,, by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Watson, Noah) (Entered: 02/12/2024)
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Feb. 12, 2024
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Feb. 12, 2024
RECAP
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80
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RESPONSE IN OPPOSITION TO Motion re 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Hayden Kirby, Miel Partain, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Seel, Benjamin) (Entered: 02/26/2024)
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Feb. 26, 2024
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Feb. 26, 2024
PACER
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81
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MOTION for Leave to File Reply in Support of Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit Reply in Support of Motion to Strike)(Rankin, James) (Entered: 02/29/2024)
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Feb. 29, 2024
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Feb. 29, 2024
PACER
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82
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TEXT ONLY ORDER GRANTING 81 Motion for Leave to File Reply in Support of Motion to Strike Certain Allegations and Dismiss. Signed by Honorable Timothy L. Brooks on March 1, 2024. (slc) (Entered: 03/01/2024)
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March 1, 2024
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March 1, 2024
PACER
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Order on Motion for Leave
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March 1, 2024
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March 1, 2024
PACER
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Reply to Response to Motion
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March 1, 2024
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March 1, 2024
PACER
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83
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REPLY to Response to Motion re 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss filed by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 03/01/2024)
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March 1, 2024
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March 1, 2024
PACER
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84
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ORDER denying 76 Motion to Strike Certain Allegations in Plaintiffs' Amended Complaint and Renewed Motion to Dismiss. Signed by Honorable Timothy L. Brooks on March 4, 2024. (bjb) (Entered: 03/04/2024)
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March 4, 2024
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March 4, 2024
RECAP
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85
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MOTION of Jeffrey B. Dubner to Withdraw as Attorney by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Bardwell, Will) (Entered: 03/08/2024)
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March 8, 2024
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March 8, 2024
PACER
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86
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TEXT ONLY ORDER GRANTING 85 Motion to Withdraw as Attorney. Attorney Jeffrey B. Dubner withdrawn, and the Clerk of Court is directed to remove his/her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on March 11, 2024. (slc) (Entered: 03/11/2024)
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March 11, 2024
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March 11, 2024
PACER
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Order on Motion to Withdraw as Attorney
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March 11, 2024
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March 11, 2024
PACER
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87
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NOTICE of Appearance by Philip A. Elmore on behalf of Fayetteville Public Library. (Elmore, Philip) (Entered: 03/14/2024)
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March 14, 2024
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March 14, 2024
PACER
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