Case: Simpson v. Hutchinson

Legal Defense Fund

COMPLAINT and Request for Three-Judge Panel against All Defendants filed by Anika Whitfield, Denise Ennett, Charles E Bolden, Linda Chesterfield, Jackie Williams Simpson and Wanda King. (Filing Fee of $402 paid. Receipt Number LIT085867.) Summons issued and returned to counsel for service. (Attachment: # 1 Civil Cover Sheet) (llg) (Docket text modified on 3/8/2022 to correct the description.)(cmn) (Entered: 03/07/2022)

1 Civil Cover Sheet

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NOTICE OF DOCKET CORRECTION re 1 Complaint. CORRECTION: The docket text was modified to correct the description of the document as "COMPLAINT and Request for Three-Judge Panel" as indicated by the document. (cmn)

AFFIDAVIT re 1 Complaint, Affidavit of Service on John Thurston, Arkansas Secretary of State by Charles E Bolden, Linda Chesterfield, Denise Ennett, Wanda King, Jackie Williams Simpson, Anika Whitfield. (Attachments: # 1 Exhibit Proof of Service)(Mays, Richard) (Entered: 03/14/2022)

AFFIDAVIT re 1 Complaint, Affidavit of Service on Asa Hutchinson, Governor of the State of Arkansas by Charles E Bolden, Linda Chesterfield, Denise Ennett, Wanda King, Jackie Williams Simpson, Anika Whitfield. (Attachments: # 1 Exhibit Proof of Service)(Mays, Richard) (Entered: 03/14/2022)

AFFIDAVIT re 1 Complaint, Affidavit of Service on State of Arkansas by Charles E Bolden, Linda Chesterfield, Denise Ennett, Wanda King, Jackie Williams Simpson, Anika Whitfield. (Attachments: # 1 Exhibit Proof of Service)(Mays, Richard) (Entered: 03/14/2022)

NOTICE of Appearance by Dylan L. Jacobs on behalf of All Defendants (Jacobs, Dylan) (Entered: 03/15/2022)

MOTION for Extension of Time to File Answer re 1 Complaint, by All Defendants (Jacobs, Dylan) (Entered: 03/15/2022)

ORDER granting 6 Defendants request for an extension of time to respond to the complaint; and giving them until 04/12/2022 to respond. If Defendants oppose the request for a three-judge panel, their objection must be filed by 03/23/2022. Signed by Judge James M. Moody Jr. on 03/16/2022. (llg) (Entered: 03/16/2022)

NOTICE by All Defendants of Non-opposition to Request for a Three-judge Panel (Jacobs, Dylan) (Entered: 03/22/2022)

ORDER directing that a three-judge panel will be convened. The Court has notified Chief Judge Lavenski R. Smith of the United States Court of Appeals for the Eighth Circuit, and Chief Judge Smith has notified the Court that Circuit Judge David R. Stras and District Chief Judge D.P. Marshall Jr. have been designated to serve on a three-judge panel, along with the undersigned. The Court orders the parties to confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and submit a report by 4/28/2022. Signed by Judge James M. Moody Jr. on 3/29/2022. (ldb) (Entered: 03/29/2022)

NOTICE of Appearance by Nicholas J. Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 04/12/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction () by All Defendants (Jacobs, Dylan) (Entered: 04/12/2022)

BRIEF IN SUPPORT re 11 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by All Defendants. (Jacobs, Dylan) (Entered: 04/12/2022)

MOTION for Leave to File Brief as Amicus Curiae by Tom Cotton (Attachments: # 1 proposed Brief of Senator Cotton as Amicus Curiae in Support of Defendants) (jap) (Entered: 04/15/2022)

Unopposed MOTION to Extend Time To Respond To Defendants' Motion To Dismiss by All Plaintiffs (Mays, Richard) (Entered: 04/22/2022)

ORDER granting 14 Plaintiffs' unopposed motion for extension of time; and giving Plaintiffs until 05/09/2022 to file a response to the Defendants' Motion to Dismiss. Signed by Judge James M. Moody Jr. on 04/26/2022. (llg) (Entered: 04/26/2022)

REPORT of Rule 26(f) Planning Meeting by Arkansas, State of, Tom Cotton, Asa Hutchinson, John Thurston. Joint Rule 26(f) Report (Jacobs, Dylan) (Entered: 04/28/2022)

ORDER granting 13 Senator Tom Cotton's motion for leave to file an amicus curiae brief in support of Defendants. Signed by Judge James M. Moody Jr. on 05/03/2022. (llg) (Entered: 05/03/2022)

BRIEF IN SUPPORT re 19 Response to MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Mays, Richard)(Docket text modified on 5/10/2022 to correct the description of the document filed)(jak) (Entered: 05/09/2022)

RESPONSE to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Mays, Richard) (Entered: 05/09/2022)

NOTICE OF DOCKET CORRECTION re 18 Response to Motion. CORRECTION: The docket text was modified to correct the description of the document filed as "BRIEF IN SUPPORT re 19 Response to Motion" as marked on the document. (jak)

Mail Returned Undeliverable as to Michael Lamoureux re 15 Order. (fjg) (Entered: 05/11/2022)

Mail Returned Undeliverable as to Michael Lamoureux re 17 Order. (fjg) (Entered: 05/13/2022)

BRIEF filed by Tom Cotton Amicus Brief (Lienhard, Jonathan) (Entered: 05/23/2022)

MOTION for Leave to File to File Reply in Support of Motion to Dismiss by All Defendants (Attachments: # 1 Document Proposed Reply Brief)(Jacobs, Dylan) (Entered: 05/23/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 23 Motion for Leave to File. Defendants are granted leave to file their reply. Signed by Judge James M. Moody Jr. on 5/25/22. (dpb) (Entered: 05/25/2022)

REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. (Jacobs, Dylan) (Entered: 05/25/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on Motion 11 MOTION TO DISMISS: MOTION HEARING set for 6/6/2022 at 8:30 AM in Little Rock Courtroom # 2A before District Judge James M. Moody Jr., Circuit Judge David R. Stras, and District Chief Judge D.P. Marshall Jr.(kog) (Entered: 05/26/2022)

Mail Returned Undeliverable as to Michael Lamoureux re Notice of Docket Correction re 18 Response to Motion. (fjg) (Entered: 05/26/2022)

Mail Returned Undeliverable as to Michael Lamoureux re 24 Text Entry Only Order. (fjg) (Entered: 06/02/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before District Judge James M. Moody Jr., Circuit Judge David R. Stras, and District Chief Judge D.P. Marshall Jr.MOTION HEARING held on 6/6/2022 re 11 MOTION TO DISMISS filed by Defendant. Richard Mays was present for Plaintiffs; Dylan Jacobs and Nicholas Bronni were present for Defendants. After argument from counsel, the Panel takes the matter under advisement. (Court Reporter: Karen Dellinger.) (kog) (Entered: 06/06/2022)

Mail Returned Undeliverable as to Michael Lamoureux re 26 Text Entry Only Notice of Hearing. (fjg) (Entered: 06/07/2022)

MEMORANDUM OPINION AND ORDER before Circuit Judge David R Stras, Chief District Judge D. P. Marshall Jr., and District Judge James M. Moody, Jr.: The defendants' motion to dismiss is GRANTED IN PART on Counts I, II, and III of the complaint, which are dismissed with prejudice. The same goes for the State of Arkansas and Governor Asa Hutchinson. A ruling on the motion to dismiss with respect to Counts IV, V, and VI is DEFERRED for thirty days. During that time, the plaintiffs may submit an amended complaint to focus their remaining claims and attempt to cure the pleading deficiencies we have identified. By Circuit Judge David R Stras on 10/24/2022. (cmn) (Entered: 10/24/2022)

MOTION for Extension of Time to File First Amended Complaint by All Plaintiffs (Mays, Richard) (Entered: 11/18/2022)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 32 Motion for Extension of Time to File a First Amended Complaint. Plaintiffs will have up to and including December 2, 2022 to file their First Amended Complaint. Signed by Judge James M. Moody Jr. on 11/21/2022. (amr) (Entered: 11/21/2022)

AMENDED COMPLAINT against All Defendants, filed by Anika Whitfield, Denise Ennett, Charles E Bolden, Linda Chesterfield, Jackie Williams Simpson, Wanda King (Attachments: # 1 Exhibit Chart, # 2 Exhibit Memorandum, # 3 Exhibit Map, # 4 Exhibit Chart, # 5 Exhibit Bill SB 720, # 6 Exhibit Bill SB 727, # 7 Exhibit Bill HB 728, # 8 Exhibit Bill HB 1966, # 9 Exhibit Bill HB 1968, # 10 Exhibit Bill HB 1978, # 11 Exhibit Bill HB 1980)(Mays, Richard) (Entered: 12/02/2022)

1 Exhibit Chart

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2 Exhibit Memorandum

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3 Exhibit Map

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4 Exhibit Chart

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5 Exhibit Bill SB 720

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6 Exhibit Bill SB 727

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7 Exhibit Bill HB 728

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8 Exhibit Bill HB 1966

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9 Exhibit Bill HB 1968

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10 Exhibit Bill HB 1978

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11 Exhibit Bill HB 1980

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MOTION to Dismiss Party State of Arkansas by All Plaintiffs (Mays, Richard) (Entered: 12/16/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Thurston (Jacobs, Dylan) (Entered: 12/16/2022)

BRIEF IN SUPPORT re 36 Motion to Dismiss for Failure to State a Claim filed by John Thurston. (Jacobs, Dylan) (Entered: 12/16/2022)

RESPONSE to Motion re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Mays, Richard) (Entered: 12/26/2022)

BRIEF IN SUPPORT re 38 Response to Motion to Dismiss filed by All Plaintiffs. (Mays, Richard) (Entered: 12/26/2022)

MOTION for Leave to File Amicus Curiae Brief by Quintessa Hathaway. (fjg) (Entered: 02/14/2023)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 40 Motion for Leave to File Amicus Brief. Signed by Judge James M. Moody Jr. on 2/23/2023. (amr) (Entered: 02/23/2023)

BRIEF of Amicus Curiae in Support of Plaintiffs filed by Quintessa Hathaway. (kth) (Entered: 02/24/2023)

MEMORANDUM OPINION AND ORDER before Circuit Judge David R Stras, Chief District Judge D. P. Marshall Jr., and District Judge James M. Moody, Jr.: The defendants' motion to dismiss the plaintiffs' first amended complaint is GRANTED. All counts are dismissed with prejudice. The defendants' motion to dismiss with respect to Counts IV, V, and VI of the original complaint is DENIED AS MOOT given the filing of the amended complaint. The plaintiffs' motion to dismiss the State of Arkansas as a defendant is GRANTED. By Circuit Judge David R Stras on 5/25/2023. (jak) (Main Document added on 5/25/2023)(jak) (Entered: 05/25/2023)

NOTICE OF DOCKET CORRECTION re 43 Memorandum Opinion and Order. CORRECTION: The original document was not attached to the docket entry due to a clerical mistake by the Clerk's office. The document was added to docket entry 43 and is attached hereto for service on the parties.(jak) (Entered: 05/25/2023)

JUDGMENT: Plaintiffs' claims against the State of Arkansas are dismissed without prejudice. All other claims are dismissed with prejudice. Signed by Judge James M. Moody Jr., Chief Judge D. P. Marshall Jr., and Circuit Judge David R. Stras on 5/25/2023. (jak) (Entered: 05/25/2023)

Mail Returned Undeliverable as to Quintessa Hathaway re 43 Memorandum Opinion and Order, 44 Notice of Docket Correction re 43 Memorandum Opinion and Order, 45 Judgment. (fjg) (Entered: 06/05/2023)

NOTICE OF APPEAL to the U.S. Supreme Court as to 43 Memorandum Opinion and Order and 45 Judgment by Charles E Bolden, Linda Chesterfield, Denise Ennett, Wanda King, Jackie Williams Simpson, Anika Whitfield. (Mays, Richard) (Docket text modified on 6/13/2023 to correct description.)(cmn) (Entered: 06/12/2023)

DOCKET ENTRY FILED IN ERROR - DISREGARD. (jbh) (Docket text modified on 6/13/2023 to indicate the document was filed in error.)(cmn) (Entered: 06/12/2023)

NOTICE OF DOCKET CORRECTION re 48 Notification of Appeal and NOA Supplement. CORRECTION: The docket text was modified to indicate the document was filed and notification made in error (wrong court) due to a clerical mistake by the Clerk's office. (cmn)

NOTICE OF DOCKET CORRECTION re 47 Notice of Appeal. CORRECTION: The docket text was modified to correct the description as follows, "NOTICE OF APPEAL to the U.S. Supreme Court as to 43 Memorandum Opinion and Order and 45 Judgment by Charles E Bolden, Linda Chesterfield, Denise Ennett, Wanda King, Jackie Williams Simpson, Anika Whitfield" as indicated by the document. (cmn)

U.S. Supreme Court Docketing Letter as to 47 Notice of Appeal filed by Anika Whitfield, Linda Chesterfield, Jackie Williams Simpson, Denise Ennett, Wanda King, Charles E Bolden. U.S. Supreme Court Case Number 23-138. (jbh) (Entered: 09/06/2023)

Letter

Letter

Notice (Other)

Order

Mail Returned

Response (Non Motion)

Memorandum of Points and Authorities

ORDER before Circuit Judge David R Stras, District Judge D. P. Marshall Jr., and District Judge James M. Moody, Jr. denying the plaintiffs' request for a status conference; and reinstating the judgment of dismissal on 9/11/2024. (cmn)

Mail Returned