Case: Mondy v. Messina

PETITION for Temporary Restraining Order, Declaratory Judgment, Writ of Mandamus, to Declare Proposed Map Valid and Other Relief filed by Elijah Mondy, Jr. (Fee $400. Receipt Number LIT062343.) Summons issued and returned to counsel for service. (Attachments: # 1 Civil Cover Sheet)(mef) (Entered: 06/15/2017)

MOTION for Temporary Restraining Order with Authorities Citied by All Plaintiffs (Attachments: # 1 Exhibit Proof of Service on Adrian Messina, # 2 Exhibit Pending Service on J. V. Hollowell)(Valley, J.) (Entered: 06/22/2017)

ORDER directing the Clerk of Court to randomly reassign this case to another district judge. Signed by Judge Billy Roy Wilson on 6/22/2017. (mef) (Entered: 06/22/2017)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 3 Order, the Clerk's office has reassigned the case to Judge J. Leon Holmes on 6/22/2017. (scw) (Entered: 06/22/2017)

ORDER: To the extent plaintiff is requesting a temporary restraining order without notice, the 2 motion is denied. When the defendants appear and respond to the complaint and the supplemental petition, the Court will conduct a scheduling conference, either in person or by telephone, to ensure that the issues are decided expeditiously. Signed by Judge J. Leon Holmes on 6/22/2017. (ljb) (Entered: 06/22/2017)

AFFIDAVIT of Service of Complaint and Summons Upon Jesse Vescon Hollowell, Jr., Mayor of Helena-West Helena, Arkansas by Elijah Mondy, Jr. (Valley, J.) (Entered: 06/26/2017)

AFFIDAVIT re 6 Affidavit, 1 Complaint, Service of Complaint and Summons Upon Jesse Vescon Hollowell, Jr., Mayor/CEO of the City of Helena-West Helena, Arkansas (for city and Official Capacity Defendants) by Elijah Mondy, Jr. (Valley, J.) (Entered: 06/26/2017)

NOTICE of Appearance by Andre K. Valley on behalf of All Defendants (Valley, Andre) (Entered: 07/07/2017)

ANSWER to 1 Complaint, with Jury Demand by Larry J Brown, Wanda Crockett, Monica Davis, Don Etherly, Ever J Ford, Christopher Franklin, Helena-West Helena Arkansas, City of, Vivian Holder, Jesse Vescon Hollowell, Jr, John Huff, Jr, Adrian Messina, Joe St Columbia, Sr.(Valley, Andre) (Entered: 07/07/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (Valley, Andre) (Entered: 07/07/2017)

MOTION to Disqualify Counsel by All Defendants (Valley, Andre) (Entered: 07/07/2017)

Deficiency Letter from Clerk of Court notifying party that 11 Motion to Disqualify Counsel is not accompanied by a supporting brief (Local Rule 7.2(a)). (jak) (Entered: 07/10/2017)

RESPONSE to Motion re 11 MOTION to Disqualify Counsel filed by All Plaintiffs. (Valley, J.) (Entered: 07/14/2017)

BRIEF IN SUPPORT re 11 Motion to Disqualify Counsel, 13 Response to Motion filed by All Plaintiffs. (Valley, J.) (Entered: 07/14/2017)

BRIEF IN SUPPORT re 11 Motion to Disqualify Counsel filed by All Defendants. (Valley, Andre) (Entered: 07/14/2017)

MOTION in Limine by All Plaintiffs (Valley, J.) (Entered: 07/14/2017)

BRIEF in Support re 16 MOTION in Limine filed by All Plaintiffs. (Valley, J.) Docket text modified on 7/17/2017 to correct description of document. (kbc) (Entered: 07/14/2017)

NOTICE OF DOCKET CORRECTION re 17 Response in Support of Motion. CORRECTION: The docket text was modified to correct the description to "Brief in Support", as indicated on the document. (kbc)

REPLY to Response to Motion re 11 MOTION to Disqualify Counsel filed by All Defendants. (Attachments: # 1 Exhibit Elijah Mondy proposed censure resolution for John Huff, # 2 Exhibit july 5 2016 minutes, # 3 Exhibit August 16 2016 Elijah Mondy and James F Valley appeared before City council, # 4 Exhibit Emergency Ordinance presented by James F Valley, # 5 Exhibit Mondy Affidavit Against John Huff, # 6 Exhibit december 6 2016 Council minutes, # 7 Exhibit Virgil Green Affidavit re John Huff, # 8 Exhibit Arkansas Municipal Denail of Coverage letter, # 9 Exhibit 7917 email to Andre Valley from Elijah Mondy, # 10 Exhibit 71217 email from Elijah Mondy to Andre Valley, # 11 Exhibit Virgil Green Affidavit re Christopher Franklin)(Valley, Andre) (Entered: 07/21/2017)

AMENDED MOTION TO DISMISS re 10 Motion to Dismiss by All Defendants (Attachments: # 1 Exhibit July 5 2016 minutes, # 2 Exhibit august 16, 2016 minutes, # 3 Exhibit December 6 2016 minutes)(Valley, Andre) (Docket text modified on 7/27/2017 to correct the description of the document filed).(jak) (Entered: 07/26/2017)

NOTICE OF DOCKET CORRECTION re 19 MOTION to Amend/Correct. CORRECTION: The docket text was modified to correct the description of the document filed as "AMENDED MOTION TO DISMISS re 10 Motion to Dismiss by All Defendants" as marked on the document. (jak)

RESPONSE in Opposition re 19 MOTION to Amend/Correct 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Valley, J.) (Entered: 08/10/2017)

REPLY to Response to Motion re 19 MOTION to Amend/Correct 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Defendants. (Attachments: # 1 Exhibit emails re publication, # 2 Exhibit copy of publication)(Valley, Andre) (Entered: 08/18/2017)

AFFIDAVIT re 19 MOTION to Amend/Correct 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 20 Response in Opposition to Motion, 21 Reply to Response to Motion, Kayla Mansfield - Regarding Publication by Elijah Mondy, Jr. (Valley, J.) (Entered: 08/18/2017)

AFFIDAVIT re 19 MOTION to Amend/Correct 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 20 Response in Opposition to Motion, 21 Reply to Response to Motion, Sariah Valley regarding Publication by Elijah Mondy, Jr. (Valley, J.) (Entered: 08/18/2017)

MOTION for Ruling on TRO/Preliminary Injunction Motion by Elijah Mondy, Jr (Valley, J.) (Entered: 08/21/2017)

AMENDED DOCUMENT by Elijah Mondy, Jr. Amendment to 5 Order on Motion for TRO, 24 MOTION for Ruling on TRO/Preliminary Injunction Motion, 1 Complaint, Attaching Exhibit A to Motion for Ruling (Attachments: # 1 Exhibit City Code Section 1.36.01)(Valley, J.) (Entered: 08/22/2017)

OPINION AND ORDER granting the defendants' 19 amended motion to dismiss; denying as moot the 11 motion to disqualify counsel and the 24 motion for a temporary restraining order or preliminary injunction; denying as moot the original 10 motion to dismiss; and dismissing without prejudice this case. Signed by Judge J. Leon Holmes on 8/25/2017. (ljb)

JUDGMENT: Pursuant to the 26 Opinion and Order entered separately today, this action is dismissed without prejudice. Signed by Judge J. Leon Holmes on 8/25/2017. (ljb)