Case: Larry v. Arkansas, State Of

COMPLAINT, REQUEST FOR THREE JUDGE PANEL, AND TEMPORARY RESTRAINING ORDER WITH MEMORANDUM OF POINTS AND AUTHORITIES against All Defendants ( Fee of $400 paid. Receipt Number LIT065686.), filed by Julius J Larry, III. Summons issued and returned to Plaintiff. (mcz) (Entered: 02/09/2018)

ORDER: Pursuant to Local Rule 40.1, the case is hereby delivered to Judge Baker for consideration. Signed by Chief Judge Brian S. Miller on 2/12/2018. (kdr) (Entered: 02/12/2018)

ORDER directing the parties to submit briefs on the issue of whether Dr. Larry is entitled to a three-judge panel. Dr. Larry's brief is due on 2/20/2018 and defendants' brief, if they choose to oppose Dr. Larry's request, must be filed by 2/27/2018. The Clerk is directed to send a copy of this Order to the Honorable Leslie Rutledge, Attorney General for the State of Arkansas, by CM/ECF and by facsimile. Signed by Judge Kristine G. Baker on 2/12/2018. (mef) (Entered: 02/12/2018)

MOTION for Extension of Time to File Court Ordered Brief with Brief Attached and Memorandum of Points and Authorities filed by Julius J Larry, III. (fjg) (Entered: 02/22/2018)

ORDER granting 4 Dr. Larry's motion for extension of time; directing Dr. Larry to inform the Court immediately if he intends to file further briefing in support of his request for a three-judge panel; directing that defendants' brief, if they choose to oppose Dr. Larry's request for a three-judge panel, must be filed by 3/2/2018; and directing the Clerk of Court to send a copy of this Order to the Honorable Leslie Rutledge, Attorney General for the State of Arkansas, by CM/ECF and by facsimile. Signed by Judge Kristine G. Baker on 2/23/2018. (mef) (Entered: 02/23/2018)

NOTICE of Appearance by Brett Wesley Taylor on behalf of Arkansas, State of, Asa Hutchinson, Leslie Rutledge (Taylor, Brett) (Entered: 02/26/2018)

MOTION to Dismiss for Lack of Jurisdiction by Arkansas, State of, Asa Hutchinson, Leslie Rutledge (Taylor, Brett) (Entered: 02/26/2018)

BRIEF IN SUPPORT re 7 Motion to Dismiss/Lack of Jurisdiction filed by Arkansas, State of, Asa Hutchinson, Leslie Rutledge. (Taylor, Brett) (Entered: 02/26/2018)

SUMMONS Returned Executed by Julius J Larry, III. Mark Martin served on 2/12/2018. (alm) (Entered: 02/28/2018)

SUMMONS Returned Executed by Julius J Larry, III. Leslie Rutledge served on 2/12/2018. (alm) (Entered: 02/28/2018)

SUMMONS Returned Executed by Julius J Larry, III. Asa Hutchinson served on 2/12/2018. (alm) (Entered: 02/28/2018)

SUMMONS Returned Executed by Julius J Larry, III. Arkansas Legislature served on 2/12/2018. (alm) (Entered: 02/28/2018)

MOTION to Dismiss filed by Mark Martin. (fjg) (Entered: 03/02/2018)

BRIEF IN SUPPORT of 13 Motion to Dismiss filed by Mark Martin. (fjg) (Entered: 03/02/2018)

MEMORANDUM Brief Concerning Three-Judge Panel filed by Mark Martin. (fjg) (Entered: 03/02/2018)

RESPONSE in Opposition to 7 MOTION to Dismiss and MOTION for Leave to Amend Original Complaint and Obtain Class Counsel - With Memorandum of Points and Authorities filed by Julius J Larry, III. (fjg) (Entered: 03/05/2018)

NOTICE of Appearance by Brett Wesley Taylor on behalf of Arkansas Legislature (Taylor, Brett) (Entered: 03/05/2018)

MOTION to Dismiss for Lack of Jurisdiction by Jeremy Gillam in his Official Capacity by Arkansas Legislature (Taylor, Brett) (Entered: 03/05/2018)

RESPONSE in Opposition to Defendants Arkansas Secretary of State Mark Martin's 13 MOTION to Dismiss with Memorandum of Points and Authorities filed by Julius J Larry, III. (fjg) (Entered: 03/09/2018)

REPLY to Response to Motion re 7 MOTION to Dismiss for Lack of Jurisdiction filed by Arkansas, State of, Asa Hutchinson, Leslie Rutledge. (Taylor, Brett) (Entered: 03/12/2018)

BRIEF in Opposition to 7 Defendants' Rule 12(b)1 MOTION to Dismiss for Lack of Jurisdiction filed by Julius J Larry, III. (fjg) (Entered: 03/14/2018)

REPLY in Support of 13 MOTION to Dismiss filed by Mark Martin. (fjg) (Entered: 03/14/2018)

PLAINTIFFS' Supplemental Request for Three Judge Panel to Challenge Unconstitutionality of Apportionment of Second Congressional District of Arkansas Pursuant to 28 USC 2284 et seq. filed by Julius J Larry, III to 1 Complaint.(jap) (Entered: 03/15/2018)

DEFENDANT Arkansas Secretary of State Mark Martin's Response to Plaintiff's Supplemental Request re 23 by Mark Martin (jap) (Entered: 03/23/2018)

RESPONSE re 23 Addendum Plaintiff's Supplemental Request by Arkansas, State of, Asa Hutchinson, Leslie Rutledge (Taylor, Brett) (Entered: 03/28/2018)

REPLY to Defendants' Response to 23 Plaintiffs Supplemental Request for Three Judge Panel to Challenge Unconstitutionality of Apportionment of Second Congressional District of Arkansas Pursuant to 28 U.S.C. 2284 Et Seq filed by Julius J Larry, III. (fjg) (Entered: 04/09/2018)

NOTICE of Appearance by Vincent P. France on behalf of Arkansas Legislature, Arkansas, State of, Asa Hutchinson, Leslie Rutledge (France, Vincent) (Entered: 04/19/2018)

MOTION to Substitute Attorney by Arkansas Legislature, Arkansas, State of, Asa Hutchinson, Leslie Rutledge (France, Vincent) (Entered: 04/19/2018)

ORDER granting 28 Motion to Substitute Attorney. Mr. France will appear as counsel for the State of Arkansas, Mr. Hutchinson, Ms. Rutledge, and Mr. Gillam, and Mr. Taylor will no longer appear as counsel for those defendants. Signed by Judge Kristine G. Baker on 4/19/2018. (mcz) (Entered: 04/19/2018)

ORDER granting in part and denying in part 1 Dr. Larry's request for a three-judge panel; granting 7, 15, 18 defendants' motions to dismiss to the extent defendants seek to dismiss Dr. Larry's equal protection racial-gerrymandering claim for lack of standing; and directing the parties to confer and submit a report by 5/4/2018, with a proposed schedule for expedited discovery, a proposed schedule for pretrial deadlines, and a reasonable estimation of when the parties will be prepared for an expedited trial on the merits. The Court will convene a three-judge panel to adjudge Dr. Larry's remaining ยง 2 vote-dilution claim, including determining the issue of whether Dr. Larry has standing to bring such a claim. Signed by Judge Kristine G. Baker on 4/23/2018. (cmn) (Entered: 04/23/2018)

REPORT of Rule 26(f) Planning Meeting by Arkansas Legislature, Arkansas, State of, Asa Hutchinson, Leslie Rutledge. Joint Report (France, Vincent) (Entered: 04/30/2018)

ORDER: Chief Judge Lavenski R. Smith has notified the Court that Circuit Judge Duane Benton and District Judge Brian Miller have been designated to serve on a three-judge panel, along with the undersigned. Signed by Judge Kristine G. Baker on 5/1/2018. (cmn) (Entered: 05/01/2018)

INITIAL Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) filed by Julius J Larry, III. (fjg) (Entered: 05/04/2018)

REPORT of Rule 26(f) Planning Meeting by Arkansas Legislature, Arkansas, State of, Asa Hutchinson, Leslie Rutledge. (France, Vincent) (Entered: 05/04/2018)

PLAINTIFF'S First Supplemental Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) by Julius J Larry, III (jap) (Entered: 05/14/2018)

Summons Issued and given to plaintiff for service upon the following Doe defendants: Cecile Bledsoe, Will Bond, Ronald Caldwell, Eddie Cheatham, Linda Chesterfield, Alan Clark, Linda Collins-Smith, John Cooper, Jonathan Dismang, Lance Eads, Joyce Elliott, Jane Elizabeth English, Jack Files, Scott Flippo, Stephanie Flowers, Trent Chancey Garner, Jim Hendren, Bart Hester, Jimmy Hickey, Jr., Jeremy Hutchinson, Keith M. Ingram, Missy Thomas Irvin, Blake Johnson, Bryan B. King, Uvalde Lindsey, Bruce Maloch, Jason Rapert, Terry Rice, Bill Sample, David Sanders, Greg Standridge, Gary D. Stubblefield, Larry Teague, David Ray Wallace, Eddie Joe Williams, Fred L. Allen, Eddie Lee Armstrong, Bob A. Ballinger, Joseph Scott Baltz, Sonia Eubanks Barker, Rick C. Beck, Mary Elizabeth Bentley, Charles Jamaal Blake, Justin Boyd, Kenneth Wayne Bragg, David Lawson Branscum,Karilyn Boggan Brown, LeAnne Pittman Burch, Sarah Elizabeth Capp, Frances M. Cavenaugh, Bruce W. Odeman, Charles S. Collins, Bruce Alan Cozart, Carol C. Dalby, Andy Davis, Gary Edwin Deffenbaugh, Jana Leigh Della Rosa, Jim Dotson, Charlote Vining Douglas, Dan M. Douglas. (jap) (Docket text modified on 5/22/2018 to identify the parties as Doe defendants.) (thd).

Summons Issued and given to plaintiff for service upon the following Doe defendants : Trevor Drown, Les D. Eaves, Jon S. Eubanks, Joseph B. Farrer, Deborah Thompson Ferguson, Kenneth B. Ferguson, David Fielding, Charlene Fite, Lanny E. Fite, Vivian L. Flowers, Jack D. Fortner, Mickey Gates, Jimmy D. Gazaway, Jeremy Keith Gillam, Justin Rory Gonzales, Michael John Gray, Michelle A. Gray, Kim D. Hammer, Ken L. Henderson, Kim Dexter Hendren, David Webster Hillman, Grant Logan Hodges, Monte D. Hodges, Mike R. Holcomb, Steve Hollowell, Douglas House, Samuel Lane Jean, Joe E. Jett, Bob Johnson, Jack R. Ladyman, Gregory Allen Leding, Timothy Boyd Lemons, Fredrick J. Love, Mark Dale Lowery, Robin Dale Hall Lundstrum, Roger Dale Lynch, John David Maddox, Stephen Kyle Magie, Andy J. Mayberry, Austin Michael McCollum, Mark D. McElroy, George Billy McGill, Ron McNair, David M. Meeks, Stephen A. Meeks, Josh Miller, Reginald Murdock, Milton Nicks, Jr., John Russell Payton, Clint Joseph Penzo, Rebecca D. Petty, Aaron Michael Pilkington, Mathew Wade Pitsch, Chris Richey, Marcus Edward Richmond, Laurie J. Rushing, Johnny Rye, Warwick Sabin, Matthew Joseph Shepherd, C. Brandt Smith, Jr., Jim J. Sorvillo, Nelda Speaks, James Marvin Sturch, Dan Sullivan, Dwight Tosh, Everett Clarke Tucker, DeAnn Kay Vaught, John W. Walker, Jeffrey Reed Wardlaw, Les Warren, John Daniel Watson, David Whitaker, Jeff Williams, Carlton V. Wing, Richard Womack. (fjg) (Docket text modified on 5/22/2018 to identify the parties as Doe defendants.) (thd).

NOTICE OF DOCKET CORRECTION re: Summons Issued. CORRECTION: The docket text was modified to indicate the summons were issued as to "Doe Defendants".(thd)

MOTION for Leave to File First Amended Original Complaint Challenging the Constitutionality of the Apportionment of Congressional Districts in the State of Arkansas and First Amended Original Complaint 1 by Julius J Larry, III (jap) (Entered: 06/01/2018)

NOTICE of filing Proof of Service of summons as to the following Doe defendants: Fred L. Allen, Eddie Lee Armstrong, Bob A. Ballinger, Joseph Scott Baltz, Sonia Eubanks Barker, Rick C. Beck, Mary Elizabeth Bentley, Charles Jamaal Blake, Justin Boyd, Kenneth Wayne Bragg, David Lawson Branscum, Karilyn Boggan Brown, LeAnne Pittman Burch, Sarah Elizabeth Capp, Frances M. Cavenugh, Bruce W. Coleman, Charles S. Collins, Bruce Alan Coza, Carol C. Dalby, Andy Davis, Gary Edwin Deffenbaugh, Jana Leigh Della Rosa, Jim Dotson, Charlotte Vining Douglas, Dan M. Douglas, Trevor Drown, Les D. Eaves, Jon S. Eubanks, Joseph B. Farrer, Deborah Thompson Ferguson, Kenneth B. Ferguson, David Fielding, Charlene Fite, Lanny E. Fite, Vivian L. Flowers, Jack D. Fortner, Mickey Gates, Jimmy D. Gazaway, Jerry Keith Gillam, Justin Rory Gonzales, Michael John Gray, Michelle A. Gray, Kim D. Hammer, Ken L. Henderson, Kim exter Hendren, David Webster Hillman, Grant Logan Hodges, Monte D. Hodges, Mike R. Holcomb, Steve Hollowell, Douglas House, Samuel Lane Jean, Joe E. Jett, Bob Johnson, Jack R. Ladyman, Gregory Allen Leding, Timothy Boyd Lemons, Fredrick J. Love, Mark Dale Lowery, Robin Dale Hall Lundstrum, Roger Dale Lynch, John David Maddox, Stephen Kyle Magie, Andy J. Mayberry, Austin Michael McCollum, Mark D. McElroy, George Billy McGill, Ron McNair, Stephen A. Meeks, Josh Miller, Reginald Murdock, Milton Nicks Jr., John Russell Payton, Clint Joseph Penzo, Rebecca D. Petty, Aaron Michael Pilkington, Mathew Wade Pitsch, Chris Richey, Marcus Edward Richmond, Laurie J. Rushing, Johnny Rye, C. Brandt Smith Jr, Jim J. Sorvillo, Nelda Speaks, James Marvin Sturch, Dan Sullivan, Dwight Tosh, Everett Clarke Tucker, DeAnn Kay Vaught, John W. Walker, Jeffery Reed Wardlaw, Les Warren, John Daniel Watson, David Whitaker, Jeff Williams, Carlton V. Wing, Richard Womack, Cecile Bledsoe, Will Bond, Ronald Caldwell, Eddie Cheatham, Linda Chesterfield, Alan Clark, Linda Collins-Smith, John Cooper, Jonathan Dismang, Lance Eads, Joyce Elliott, Jane Elizabeth English, Scott Flipp, Jake Files, Trent Chancey Garner, Stephanie Flowers, Jim Hendren, Bart Hester, Jimmy Hickey, Jr., Jeremy Hutchinson, Keith M. Ingram, Blake Johnson, Missy Thomas Irvin, Bryan B. King, Uvalde Lindsey, Bruce Maloch, Jason Rapert, Terry Rice, Bill Sample, David Sanders, Greg Standridge, Eddie Joe Williams, David Ray Wallace, Gary D. Stubblefield, Larry Teague, David M. Meeks, Matthew Joseph Shepherd, Warwick Sabin. by Julius J Larry, III (proofs of service continued # 1 )(jap) (Entered: 06/04/2018)

RESPONSE in Opposition re 36 MOTION to Amend/Correct 1 Complaint, filed by Arkansas, State of, Asa Hutchinson, Leslie Rutledge. (Attachments: # 1 Exhibit 1, Map)(France, Vincent) (Entered: 06/14/2018)

RESPONSE in Opposition re 36 MOTION to Amend/Correct 1 Complaint, filed by Mark Martin. (Kelly, A.) (Entered: 06/14/2018)

BRIEF IN SUPPORT re 39 Response in Opposition to Motion, 36 Motion to Amend/Correct filed by Mark Martin. (Kelly, A.) (Entered: 06/14/2018)

REPLY to Response to 36 MOTION to Amend/Correct 1 Complaint, filed by Julius J Larry, III. (fjg) (Additional attachment(s) added on 6/22/2018: # 1 Main Document - Correct) (thd). (Entered: 06/22/2018)

NOTICE OF DOCKET CORRECTION re: 41 Reply to Response to Motion to Amend/Correct Complaint. CORRECTION: The original document was attached to the docket in error (incomplete image file) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to docket entry 41 and is attached hereto for review by the parties. (thd) (Entered: 06/22/2018)

DESIGNATION of First Expert Witness, Dr. Rogelio Saenz, PhD and Rule 26a Disclosure Supplement filed by Julius J Larry, III. (fjg) (Entered: 07/18/2018)

RULE 26(a) Disclosures - Supplement 2 filed by Julius J Larry, III. (fjg) (Entered: 07/27/2018)

MOTION for Appointment of Special Master to Refine Borders of Majority-Minority Coalition District CD1 with Memorandum of Points and Authorities filed by Julius J Larry, III. (fjg) (Entered: 08/03/2018)

ORDER denying without prejudice 36 Dr. Larry's motion for leave to file first amended original complaint challenging the constitutionality of the apportionment of Congressional Districts in the state of Arkansas and first amended complaint; dismissing without prejudice Dr. Larry's remaining ยง 2 vote dilution claim in his original complaint; and dismissing without prejudice 1 Dr. Larry's original complaint. Signed by Judge Kristine G. Baker on 8/3/2018. (cmn) (Entered: 08/03/2018)

JUDGMENT: Pursuant to 46 Order, all of the claims in this case are dismissed without prejudice. Signed by Judge Kristine G. Baker on 8/3/2018. (cmn)

MOTION for Reconsideration and Appointment of a Special Master with Brief and Memorandum of Points and Authorities Attached filed by Julius J Larry, III. (fjg) (Entered: 08/13/2018)

NOTICE OF APPEAL to the United States Supreme Court as to 46 Order and 47 Judgment, by Julius J Larry, III. (cmn) (Entered: 08/20/2018)

Part II of State Defendant's Response in Opposition to 48 Motion to Reconsider filed by Arkansas, State of, Asa Hutchinson, Leslie Rutledge, Jeremy Gillam. (cmn) (Document unsealed pursuant to 60 Order on 10/12/2018.) (cmn) (Entered: 08/28/2018)

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MOTION for Leave to File Response to Defendants' Response Under Seal and Motion to Strike Scurrilous Spurious Nonresponsive Vexatious Pleading and Motion to Unseal Record filed by Julius J Larry, III. (fjg) (Entered: 09/06/2018)

RESPONSE to Motion re 57 MOTION for Leave to File filed by Arkansas, State of, Asa Hutchinson, Leslie Rutledge. (France, Vincent) (Entered: 09/10/2018)

RESPONSE in Opposition re 57 MOTION for Leave to File etc. (all subparts therein) filed by Mark Martin. (Kelly, A.) (Entered: 09/26/2018)

ORDER denying 48 Dr. Larry's motion for reconsideration and appointment of a special master; dismissing without prejudice any and all claims made by Dr.Larry in his 23 Supplemental Request for a Three Judge Panel To Challenge Unconstitutionality of Apportionment of Second Congressional District of Arkansas Pursuant to 28 U.S.C. ยง 2284; granting in part and denying in part 57 Dr. Larry's motion for leave to file response to defendants' response under seal and motion to strike scurrilous spurious nonresponsive vexatious pleadings and motion to unseal record; and directing the Clerk of Court to unseal 56 Part II of the State Defendants' response. Signed by Judge Kristine G. Baker on 10/12/2018. (cmn) (Entered: 10/12/2018)

AMENDED 47 JUDGMENT: Pursuant to 60 Order, all of the claims in this case are dismissed without prejudice. Signed by Judge Kristine G. Baker on 10/12/2018. (cmn)

United States Supreme Court Judgment as to 49 Notice of Appeal filed by Julius J Larry, III: The appeal is dismissed for want of jurisdiction. (cmn) (Entered: 01/11/2019)