Case: League of Women Voters v. Thurston

5:20-cv-05174 | U.S. District Court for the Western District of Arkansas

Filed Date: Sept. 22, 2020

Closed Date: Sept. 23, 2023

Clearinghouse coding complete

Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

Colin Cantwell (12/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18462062/parties/league-of-women-voters-of-arkansas-v-thurston/


Judge(s)
Attorney for Plaintiff

Chaudhuri, Pooja (Arkansas)

Couch, David A. (Arkansas)

Attorney for Defendant

Brascher, Justin (Arkansas)

Cantrell, Michael A. (Arkansas)

Cryer, Christine A. (Arkansas)

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Documents in the Clearinghouse

Document
2

5:20-cv-05174

Complaint

Sept. 22, 2020

Sept. 22, 2020

Complaint
11

5:20-cv-05174

Amended Complaint

Sept. 28, 2020

Sept. 28, 2020

Complaint
12

5:20-cv-05174

Plaintiffs' Motion for Preliminary Injunction

Sept. 28, 2020

Sept. 28, 2020

Pleading / Motion / Brief
13

5:20-cv-05174

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

Sept. 28, 2020

Sept. 28, 2020

Pleading / Motion / Brief
23

5:20-cv-05174

Order on Motion for Miscellaneous Relief

Oct. 6, 2020

Oct. 6, 2020

Order/Opinion
32

5:20-cv-05174

Plaintiffs' Reply to Defendants' Response in Opposition to Motion for Preliminary Injunction

Oct. 15, 2020

Oct. 15, 2020

Pleading / Motion / Brief
34

5:20-cv-05174

Opinion and Order

Oct. 26, 2020

Oct. 26, 2020

Order/Opinion

2020 WL 6269598

42

5:20-cv-05174

Second Amended Complaint

Jan. 12, 2021

Jan. 12, 2021

Complaint
54

5:20-cv-05174

Opinion and Order

Nov. 15, 2021

Nov. 15, 2021

Order/Opinion

2021 WL 5312640

97

5:20-cv-05174

Opinion and Order

Dec. 23, 2022

Dec. 23, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18462062/league-of-women-voters-of-arkansas-v-thurston/

Last updated Aug. 9, 2025, 10:11 p.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET for case initiated by Robert William Allen, League of Women Voters of Arkansas, John McNee. 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 your case may be terminated. (tg) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
2

COMPLAINT against Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston ( Filing fee $ 400 receipt number AARWDC-2228876), filed by Robert William Allen, League of Women Voters of Arkansas, John McNee.(Couch, David) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

Clearinghouse
3

Corporate Disclosure Statement by League of Women Voters of Arkansas. (Couch, David) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
4

Magistrate Notice/Consent Form furnished. (lgd) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
5

THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to John Thurston, Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp and J. Harmon Smith for service of the following document: 2 Complaint,. (Attachments: # 1 Summons Requested to Sharon Brooks, # 2 Summons Requested to Bilenda Harris-Ritter, # 3 Summons Requested to J. Harmon Smith, # 4 Summons Requested to William Luther, # 5 Summons Requested to Charles Roberts, # 6 Summons Requested to James Sharp)(Couch, David) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
6

THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
7

MOTION for Attorney John Powers to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2232122) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Powers, John) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
8

TEXT ONLY ORDER granting 7 Motion to Appear Pro Hac Vice. Attorney John Michael Powers is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 25, 2020. (rab) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
9

MOTION for Attorney Julianne J. Marley to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2232349) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Marley, Julianne) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 25, 2020

Sept. 25, 2020

PACER
10

TEXT ONLY ORDER granting 9 Motion to Appear Pro Hac Vice. Attorney Julianne J. Marley is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 28, 2020. (jas) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
11

AMENDED COMPLAINT as to 2 Complaint, against Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston, filed by Robert William Allen, Aelica I. Orsi, League of Women Voters of Arkansas, John McNee. Related document: 2 Complaint, filed by John McNee, League of Women Voters of Arkansas, Robert William Allen.(Couch, David) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
12

MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
13

MEMORANDUM BRIEF in Support of 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Declaration of Nell Matthews Mock, # 2 Exhibit B - Declaration of Robert William Allen, # 3 Exhibit C - Declaration of John Robert McNee, # 4 Exhibit D - Declaration of Aelica I. Orsi, # 5 Exhibit E - Declaration of Susan Inman, # 6 Exhibit F - Declaration of Dr. Linton A. Mohammed)(Couch, David) (Entered: 09/28/2020)

1 Exhibit A - Declaration of Nell Matthews Mock

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2 Exhibit B - Declaration of Robert William Allen

View on PACER

3 Exhibit C - Declaration of John Robert McNee

View on PACER

4 Exhibit D - Declaration of Aelica I. Orsi

View on PACER

5 Exhibit E - Declaration of Susan Inman

View on PACER

6 Exhibit F - Declaration of Dr. Linton A. Mohammed

View on PACER

Sept. 28, 2020

Sept. 28, 2020

Clearinghouse
14

MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
15

MEMORANDUM BRIEF in Support of 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
16

AFFIDAVIT of Service for Complaint, filed by All Plaintiffs. John Thurston served on 9/22/2020, answer due 10/13/2020. (Couch, David) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 28, 2020

Sept. 28, 2020

PACER
17

AFFIDAVIT of Service for Summons and Complaint, filed by All Plaintiffs. Sharon Brooks served on 9/29/2020, answer due 10/20/2020; Bilenda Harris-Ritter served on 9/29/2020, answer due 10/20/2020; William Luther served on 9/29/2020, answer due 10/20/2020; Charles Roberts served on 9/29/2020, answer due 10/20/2020; James Sharp served on 9/29/2020, answer due 10/20/2020; J. Harmon Smith served on 9/29/2020, answer due 10/20/2020. (Couch, David) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
18

NOTICE of Appearance by Michael A. Cantrell on behalf of All Defendants. (Cantrell, Michael) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
19

AFFIDAVIT of /Certificate of Service by David Couch filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi re 11 Amended Complaint, 13 Memorandum Brief in Support,, 15 Memorandum Brief in Support, 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction, 12 MOTION for Preliminary Injunction . (Couch, David) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
20

MOTION for Attorney David W. Rivkin to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2234337) by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Rivkin, David) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
21

TEXT ONLY ORDER granting 20 Motion to Appear Pro Hac Vice. David W. Rivkin is now appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 29, 2020. (jas) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 29, 2020

Sept. 29, 2020

PACER
22

RESPONSE IN OPPOSITION TO Motion re 14 MOTION to Expedite Briefing re 12 MOTION for Preliminary Injunction filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
23

ORDER denying 14 Motion to expedite briefing. Signed by Honorable P. K. Holmes III on October 6, 2020. (tg) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
24

MOTION for Leave to Response to Motion for Preliminary Injunction by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
25

TEXT ONLY ORDER granting 24 Motion for Leave to file a reply to the forthcoming response. Plaintiffs' reply will be due by October 15, 2020. Signed by Honorable P. K. Holmes III on October 13, 2020. (rab) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
26

RESPONSE IN OPPOSITION TO Motion re 12 MOTION for Preliminary Injunction filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit A-Executive Order 20-44, # 2 Exhibit B-Executive Order 20-45, # 3 Exhibit C-Absentee Canvassing Quick Guide, # 4 Exhibit D-2020 CBEC Manual, # 5 Exhibit E-2020 Processing Absentee Ballots Exercises, # 6 Exhibit F-2020 SBEC Guidance re COVID-19, # 7 Exhibit G-SOS 2020 Election Dates, # 8 Exhibit H-2016 EAVS Arkansas Absentee Voter Data, # 9 Exhibit I-2018 EAVS Arkansas Absentee Voter Data, # 10 Exhibit J-Jonathan Davidson Declaration)(Cantrell, Michael) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
27

MOTION to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit A-Executive Order 20-44, # 2 Exhibit B-Executive Order 20-45, # 3 Exhibit C-Absentee Canvassing Quick Guide, # 4 Exhibit D-2020 CBEC Manual, # 5 Exhibit E-2020 Processing Absentee Ballots Exercises, # 6 Exhibit F-2020 SBEC Guidance re COVID-19, # 7 Exhibit G-SOS 2020 Election Dates, # 8 Exhibit H-2016 EAVS Arkansas Absentee Voter Data, # 9 Exhibit I-2018 EAVS Arkansas Absentee Voter Data, # 10 Exhibit J-Jonathan Davidson Declaration)(Cantrell, Michael) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
28

MEMORANDUM BRIEF in Support of 27 MOTION to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

Order on Motion for Leave

Oct. 13, 2020

Oct. 13, 2020

PACER
29

MOTION for Attorney Ezra Rosenberg to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2248596) by Robert William Allen, League of Women Voters of Arkansas, John McNee. (Rosenberg, Ezra) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
30

TEXT ONLY ORDER granting 29 Motion to Appear Pro Hac Vice. Ezra Rosenberg appearing as counsel for all Plaintiffs. Signed by Honorable P. K. Holmes III on October 14, 2020. (jas) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 14, 2020

Oct. 14, 2020

PACER
31

NOTICE by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston re 26 Response to Motion,, 27 MOTION to Dismiss (Attachments: # 1 Exhibit Memphis A. Philip Randolph Inst. v. Hargett, No. 20-6046 (6th Cir. Oct. 15, 2020))(Cantrell, Michael) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
32

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction / Plaintiffs' Reply to Defendants' Response in Opposition to Motion for Preliminary Injunction filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Supplemental Declaration of Susan Inman)(Couch, David) (Entered: 10/15/2020)

1 Exhibit A - Supplemental Declaration of Susan Inman

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Oct. 15, 2020

Oct. 15, 2020

Clearinghouse
33

NOTICE by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston re 26 Response to Motion,, 27 MOTION to Dismiss (Attachments: # 1 Exhibit Richardson v. Texas Secy of State, No. 20-50774 (5th Cir. Oct. 19, 2020))(Cantrell, Michael) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
34

OPINION AND ORDER Denying 12 Motion for Preliminary Injunction. (See Order for Specifics) Signed by Honorable P. K. Holmes III on October 26, 2020. (lgd)

Oct. 26, 2020

Oct. 26, 2020

Clearinghouse
35

RESPONSE IN OPPOSITION TO Motion re 27 MOTION to Dismiss / Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Couch, David) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
36

MOTION for Leave to File Reply in Support of Motion to Dismiss by Sharon Brooks, Bilenda Harris-Ritter, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit 1 - Defendant's Reply in Support of Motion to Dismiss)(Cantrell, Michael) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
37

TEXT ONLY ORDER granting 36 Motion for Leave. Defendants are directed to file the reply attached as an exhibit to their motion. Signed by Honorable P. K. Holmes III on November 6, 2020. (rab) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
38

REPLY to Response to Motion re 27 MOTION to Dismiss filed by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER

Order on Motion for Leave

Nov. 6, 2020

Nov. 6, 2020

PACER
39

MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support by Robert William Allen, League of Women Voters of Arkansas, John McNee, Aelica I. Orsi. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Couch, David) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
40

Defendant's Response to 39 MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support NOTICE OF DEFENDANTS' NONOPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE (Cantrell, Michael) Modified text on 1/6/2021 (src). (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

RECAP
41

TEXT ONLY ORDER granting 39 Motion for Leave. Plaintiffs are directed to immediately file the amended complaint attached as an exhibit to their motion. Pursuant to Federal Rules of Civil Procedure 15(a)(3) and 6(b), the deadline to respond to the amended complaint will be 28 days after it is filed. Signed by Honorable P. K. Holmes III on January 11, 2021. (rab) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

Order on Motion for Leave

Jan. 11, 2021

Jan. 11, 2021

PACER
42

SECOND AMENDED COMPLAINT as to 11 Amended Complaint, against Sharon Brooks, J. Harmon Smith, Bilenda Harris-Ritter, Charles Roberts, William Luther, James Sharp, John Thurston, filed by Marnette Wendi Pennington, Robert William Allen, Shirley Faye Fields, Mary J. McNamer, Aelica I. Orsi, League of Women Voters of Arkansas, John McNee, Myra H. Tackett, Marshall Wayne Sutterfield. Related document: 11 Amended Complaint(tg) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

Clearinghouse
43

MOTION to Dismiss Second Amended Complaint by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
44

MEMORANDUM BRIEF in Support of 43 MOTION to Dismiss Second Amended Complaint by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Cantrell, Michael) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

RECAP
45

Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Dismiss Second Amended Complaint by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 [Proposed] Order)(Couch, David) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
46

TEXT ONLY ORDER granting 45 Motion for Extension of Time to File Response to 43 MOTION to Dismiss. The deadline to respond is extended to March 9, 2021. Signed by Honorable P. K. Holmes III on February 19, 2021. (rab) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 19, 2021

Feb. 19, 2021

PACER
47

RESPONSE IN OPPOSITION TO Motion re 43 MOTION to Dismiss Second Amended Complaint filed by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
48

SUGGESTION OF DEATH Upon the Record as to Plaintiff Robert William Allen by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
49

MOTION of John Powers to Withdraw as Attorney for Plaintiffs by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Exhibit Proposed Order)(Powers, John) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
50

TEXT ONLY ORDER granting 49 Motion to Withdraw as Attorney. Attorney John Michael Powers is withdrawn from this case, and the Clerk of Court is directed to remove his name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on August 3, 2021. (jas) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER

~Util - Add and Terminate Attorneys AND Order on Motion to Withdraw as Attorney

Aug. 3, 2021

Aug. 3, 2021

PACER
51

TEXT ONLY ORDER Setting Hearing on 43 MOTION to Dismiss Second Amended Complaint : Zoom Video Motion Hearing set for 9/23/2021 10:00 AM before Honorable P. K. Holmes III. Signed by Honorable P. K. Holmes III on September 14, 2021. (jas) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER

Order Setting Hearing on Motion

Sept. 14, 2021

Sept. 14, 2021

PACER
52

TEXT ONLY Minute Entry for proceedings held before Honorable P. K. Holmes III: Motion Hearing held on 9/23/2021 re 43 MOTION to Dismiss Second Amended Complaint filed by John Thurston, James Sharp, Sharon Brooks, J. Harmon Smith, William Luther, Bilenda Harris-Ritter, Charles Roberts. Michael Cantrell appearing on behalf of Defendants; Julianne Marley appearing on behalf of Plaintiffs. Matter taken under advisement. (jas) (Entered: 09/23/2021)

Sept. 23, 2021

Sept. 23, 2021

PACER

Motion Hearing

Sept. 23, 2021

Sept. 23, 2021

PACER
53

TEXT ONLY ORDER finding as moot 27 Motion to Dismiss. An 42 amended complaint has been filed, for which a separate motion to dismiss remains pending. It is well-established that an amended complaint supercedes an original complaint and renders the original complaint without legal effect. See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). Signed by Honorable P. K. Holmes III on September 24, 2021. (rab) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER

Order on Motion to Dismiss

Sept. 24, 2021

Sept. 24, 2021

PACER
54

OPINION AND ORDER re 43 Motion to Dismiss second amended complaint, GRANTING IN PART and DENYING IN PART. (See Order for Specifics) Signed by Honorable P. K. Holmes III on November 15, 2021. (lgd)

Nov. 15, 2021

Nov. 15, 2021

Clearinghouse
55

ANSWER to 42 Amended Complaint, by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston.(Cantrell, Michael) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

PACER
56

JOINT REPORT of Rule 26(f) Planning Meeting by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
57

FINAL SCHEDULING ORDER, as set forth. Bench Trial set for 12/5/2022 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on December 28, 2021. (jas) (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
58

MOTION for Attorney Pooja Chaudhuri to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2520691) by Robert William Allen, Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Chaudhuri, Pooja) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
59

TEXT ONLY ORDER granting 58 Motion to Appear Pro Hac Vice. Pooja Chaudhuri appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on January 6, 2022. (jas) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 6, 2022

Jan. 6, 2022

PACER
60

Joint MOTION for Extension of Time to Complete Discovery by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Couch, David) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
61

TEXT ONLY ORDER granting 60 Motion for Extension of Time to Complete Discovery. The initial expert disclosure deadline is extended to June 3, 2022, and the rebuttal expert disclosure deadline is extended to August 5, 2022. Signed by Honorable P. K. Holmes III on April 27, 2022. (jch) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER

Order on Motion for Extension of Time to Complete Discovery

April 27, 2022

April 27, 2022

PACER
62

MOTION for Attorney Harold W. Williford to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2609728) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Williford, Harold) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
63

TEXT ONLY ORDER granting 62 Motion to Appear Pro Hac Vice. Harold W. Williford appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on June 17, 2022. (jas) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER

Order on Motion to Appear Pro Hac Vice

June 17, 2022

June 17, 2022

PACER
64

NOTICE of Appearance by Kesia Morrison on behalf of Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Morrison, Kesia) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
65

MOTION to Extend Deadlines and Continue Trial by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Attachments: # 1 Exhibit Exhibit A - State Court Defendants' Second Motion to Extend Time to Lodge Record, # 2 Exhibit Exhibit B - Declaration of Dr. Linton A. Mohammed, # 3 Errata Exhibit C - Expert Affidavit of Dr. Linton A. Mohammed)(Morrison, Kesia) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
66

ORDER granting 65 Motion to Extend. An amended final scheduling order will be filed separately. Signed by Honorable P. K. Holmes III on July 20, 2022. (lgd) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
67

AMENDED FINAL SCHEDULING ORDER, as set forth. Bench Trial RE-SET for 3/27/2023 09:00 AM in FORT SMITH -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes III on July 20, 2022. (jas) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
68

MOTION of Kesia Morrison to Withdraw as Attorney by Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Morrison, Kesia) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
69

TEXT ONLY ORDER granting 68 Motion to Withdraw as Attorney. Attorney Kesia Morrison is withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable P. K. Holmes III on September 12, 2022. (jas) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER

~Util - Add and Terminate Attorneys AND Order on Motion to Withdraw as Attorney

Sept. 12, 2022

Sept. 12, 2022

PACER

Order on Motion to Withdraw as Attorney AND ~Util - Add and Terminate Attorneys

Sept. 12, 2022

Sept. 12, 2022

PACER
70

MOTION for Attorney Anagha Sundararajan to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2662557) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Certificate of Good Standing)(Sundararajan, Anagha) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
71

TEXT ONLY ORDER granting 70 Motion to Appear Pro Hac Vice. Anagha Sundararajan appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 26, 2022. (jas) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
72

MOTION for Attorney Dana McCann to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2662578) by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Certificate of Good Standing)(McCann, Dana) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 26, 2022

Sept. 26, 2022

PACER
73

NOTICE of Appearance by Matthew Michael Ford on behalf of Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (Ford, Matthew) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
74

TEXT ONLY ORDER granting 72 Motion to Appear Pro Hac Vice. Dana McCann appearing for all Plaintiffs. Signed by Honorable P. K. Holmes III on September 28, 2022. (jas) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
75

NOTICE of Appearance by Dana R. McCann on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (McCann, Dana) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
76

NOTICE of Appearance by Anagha Sundararajan on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Sundararajan, Anagha) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
77

NOTICE of Appearance by Harold Williford on behalf of Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Williford, Harold) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 28, 2022

Sept. 28, 2022

PACER
78

Joint MOTION for Protective Order by Shirley Faye Fields, League of Women Voters of Arkansas, Mary J. McNamer, John McNee, Aelica I. Orsi, Marnette Wendi Pennington, Marshall Wayne Sutterfield, Myra H. Tackett. (Attachments: # 1 Proposed Joint Protective Order Regarding Confidential Patient Information)(Sundararajan, Anagha) (Entered: 11/23/2022)

Nov. 23, 2022

Nov. 23, 2022

PACER
79

OPINION AND ORDER granting 78 Motion for Protective Order. Signed by Honorable P. K. Holmes III on November 29, 2022. (tg)

Nov. 29, 2022

Nov. 29, 2022

RECAP
80

PROTECTIVE ORDER. Signed by Honorable P. K. Holmes III on November 29, 2022. (tg) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
81

NOTICE of Appearance by Brooks Christopher White on behalf of Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, J. Harmon Smith, John Thurston. (White, Brooks) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 22, 2020

Closing Date: Sept. 23, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were both the League of Women Voters of Arkansas and several private individuals who were interested in voting by mail but at high risk of having their ballots rejected without notice or an opportunity to cure.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State (Arkansas), State

Arkansas State Board of Election Commissioners (Arkansas), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Due Process

Available Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voter qualifications

Voting: General & Misc.

Voting: Physical/Effective Access