Case: Smith v. Arkansas Board of Election Commissioners

MOTION for Leave to Proceed in forma pauperis by Constituents of District 50 of Arkansas, Fred Smith. (jak) (Entered: 08/19/2015)

CLASS ACTION COMPLAINT against All Defendants, filed by Constituents of District 50 of Arkansas, Fred Smith. (Attachments: # 1 Civil Cover Sheet)(jak) (Entered: 08/19/2015)

1 Civil Cover Sheet

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ORDER REFERRING CASE to Magistrate Judge Beth Deere for disposition or recommended disposition, as appropriate, of all pretrial matters. Signed by Judge James M. Moody Jr. on 8/25/2015. (mcz) (Entered: 08/25/2015)

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. The Clerk of the Court is directed to prepare summonses for the Arkansas Board of Election Commissioners, Cross County Election Commission, Crittenden County Election Commission, Mike Beebe, and Secretary of State Mark Martin. Service on Mary McGowan is not appropriate at this time. The United States Marshal is directed to serve the summons, complaint, and this order on the defendants and the Arkansas Attorney General, without prepayment of fees and costs. Signed by Magistrate Judge Beth Deere on 8/28/2015. (ks) (Entered: 08/28/2015)

PARTIAL RECOMMENDED DISPOSITION recommending that Defendant McGowan be dismissed from the lawsuit, with prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Beth Deere on 8/28/2015. (ks) (Entered: 08/28/2015)

Summons Issued as to Arkansas Board of Election Commissioners, Mike Beebe, Crittenden County Election Commission, Cross County Elections Commission, Mark Martin. Forwarded to the USMS for service. (ks)

ORDER ADOPTING 5 Partial Recommended Disposition. Defendant Mary McGowan is hereby DISMISSED from the lawsuit, with prejudice. Signed by Judge James M. Moody Jr. on 9/14/2015. (mcz) (Entered: 09/14/2015)

OBJECTION to 5 Report and Recommendations by Fred Smith. (jak) (Entered: 09/16/2015)

SUMMONS Returned Executed. Arkansas Board of Election Commissioners served on 9/10/2015. (mef) (Entered: 09/16/2015)

SUMMONS Returned Executed. Cross County Elections Commission served on 9/10/2015. (mef) (Entered: 09/16/2015)

SUMMONS Returned Executed. Crittenden County Election Commission served on 9/10/2015. (mef) (Entered: 09/16/2015)

SUMMONS Returned Executed. Mike Bebe served on 9/10/2015. (mef) (Entered: 09/16/2015)

SUMMONS Returned Executed. Mark Martin served on 9/10/2015. (mef) (Entered: 09/16/2015)

SUMMONS Returned Executed. Arkansas Attorney General served on 9/10/15. (mef) (Entered: 09/16/2015)

MOTION for Entry of Clerk's Default filed by Fred Smith. (mef) (Docket entry modified on 11/23/2015 to change the filing event, correct the filing parties, and correct the description of the document filed.) (thd). (Entered: 11/23/2015)

NOTICE OF DOCKET CORRECTION re: 14 Clerk's Entry of Default. CORRECTION: The docket entry was modified to correct the filing event and the description of the document filed as "MOTION for Entry of Clerk's Default filed by Fred Smith." (thd)

ORDER denying 14 Motion for Entry of Default. The Clerk of the Court is directed to prepare new summonses for the Arkansas Board of Election Commissioners, Cross County Election Commission, Crittenden County Election Commission, Mike Beebe, and Secretary of State Mark Martin. The U.S. Marshal is directed to serve a summons, complaint, and this Order on each of the defendants as set forth under Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Beth Deere on 11/30/2015. (jak) (Entered: 11/30/2015)

Summons Reissued as to Arkansas Board of Election Commissioners, Mike Bebe, Crittenden County Election Commission, Cross County Elections Commission, Mark Martin. Forwarded to the Office of the U.S. Marshal for service. (jak)

SUMMONS Returned Executed. Arkansas Board of Election Commissioners served on 12/14/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Cross County Elections Commission served on 12/11/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Cross County Elections Commission, care of Bradford Caldwell, served on 12/14/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Crittenden County Election Commission, care of Frank G. Barton, served on 12/11/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Crittenden County Election Commission, care of Otis Davis, served on 12/12/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Mike Bebe served on 12/14/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Mark Martin served on 12/11/2015. (scw) (Entered: 12/15/2015)

SUMMONS Returned Executed. Cross County Elections Commission, care of Sharon Lawson, served on 12/14/2015. (scw) (Entered: 12/17/2015)

SUMMONS Returned Executed. Crittenden County Election Commission, care of Dixie Carlson, served on 12/16/2015. (scw) (Entered: 12/21/2015)

MOTION to Dismiss; Alternative Motion for Judgment on the Pleadings; and Alternative Motion for Summary Judgment by Mark Martin. (scw) (Entered: 12/24/2015)

BRIEF IN SUPPORT re 25 Motion to Dismiss filed by Mark Martin. (scw) (Entered: 12/24/2015)

STATEMENT OF FACTS (Local Rule 56.1) re 25 Motion to Dismiss filed by Mark Martin. (scw) (Entered: 12/24/2015)

Supplemental Exhibit 6A re 25 Motion to Dismiss filed by Mark Martin. (scw) (Entered: 12/24/2015)

NOTICE of Appearance by Vincent Edward Guest on behalf of Cross County Elections Commission (Guest, Vincent) (Entered: 12/29/2015)

ANSWER to 2 Complaint and Motion to Dismiss by Cross County Elections Commission.(Guest, Vincent) (Entered: 12/29/2015)

NOTICE of Appearance by Jennifer L. Merritt on behalf of Arkansas Board of Election Commissioners, Mike Bebe (Merritt, Jennifer) (Entered: 12/30/2015)

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM () by Arkansas Board of Election Commissioners, Mike Bebe (Attachments: # 1 Exhibit A - 2012 State Court Order, # 2 Exhibit B - 2014 Federal Court Complaint)(Merritt, Jennifer) (Entered: 12/30/2015)

BRIEF IN SUPPORT re 32 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, filed by Arkansas Board of Election Commissioners, Mike Bebe. (Merritt, Jennifer) (Entered: 12/30/2015)

ANSWER to 2 Complaint by Crittenden County Election Commission.(Rogers, Joe) (Entered: 12/31/2015)

NOTICE of Appearance by Joe M. Rogers on behalf of Crittenden County Election Commission (Rogers, Joe) (Entered: 12/31/2015)

MOTION to Dismiss Defendants' 25 Motion to Dismiss, Alternative Motion for Judgment on the Pleadings; and 32 Motion to Dismiss by Fred Smith (jak) (Entered: 01/07/2016)

MEMORANDUM IN SUPPORT re 36 Motion to Dismiss filed by Fred Smith. (jak) (Entered: 01/07/2016)

MOTION to Dismiss Defendants' 32 Motion to Dismiss by Fred Smith. (jak) (Entered: 01/12/2016)

MEMORANDUM IN SUPPORT re 38 Motion to Dismiss filed by Fred Smith. (jak) (Entered: 01/12/2016)

MOTION to Strike 30 Answer to Complaint by Fred Smith. (jak) (Entered: 01/12/2016)

REPLY to Response to Motion re 25 MOTION to Dismiss; Alternative Motion for Judgment on the Pleadings; and Alternative Motion for Summary Judgment filed by Mark Martin. (alm) (Entered: 01/15/2016)

BRIEF IN SUPPORT re 41 Reply to Response to Motion to Dismiss; Alternative Motion for Judgment on the Pleadings; and Alternative Motion for Summary Judgment filed by Mark Martin. (alm) (Entered: 01/15/2016)

MOTION to Strike 34 Answer to Complaint by Fred Smith. (jak) (Entered: 01/27/2016)

MOTION to Strike 41 Reply to Response to Motion by Fred Smith. (jak) (Entered: 02/09/2016)

MOTION to Dismiss 42 Brief in Support by Fred Smith. (jak) (Entered: 02/09/2016)

RESPONSE to Motion re 44 MOTION to Strike 41 Reply to Response to Motion filed by Mark Martin. (mef) (Entered: 02/12/2016)

RESPONSE to Motion re 45 MOTION to Dismiss filed by Mark Martin. (mef) (Entered: 02/12/2016)

REPLY to 46 & 47 Responses to Motion re 44 MOTION to Strike and 45 MOTION to Dismiss filed by Fred Smith. (jak) (Entered: 03/03/2016)

RECOMMENDED DISPOSITION recommending that the 25 motion to dismiss filed by Mark Martin and 32 motion to dismiss filed by Arkansas Board of Election Commissioners and Mike Beebe be granted for lack of jurisdiction; that Plaintiffs' 2 complaint against all of the Defendants be dismissed with prejudice, for lack of jurisdiction; and that all other pending motions, 36, 38, 40, 43, 44, and 45 be denied, as moot. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Beth Deere on 3/18/2016. (ljb) (Entered: 03/18/2016)

ORDER approving and adopting the 49 Recommended Disposition as this Court's findings in all respects; granting defendants' 25 and 32 motions to dismiss for lack of jurisdiction; dismissing with prejudice Plaintiff's complaint against all of the Defendants; and denying as moot all other pending motions 36, 38, 40, 43, 44, and 45 . Signed by Judge James M. Moody Jr. on 4/5/2016. (ljb) (Entered: 04/05/2016)

JUDGMENT: Consistent with the 50 Order that was entered on this day, it is considered, ordered, and adjudged that this case is hereby dismissed, with prejudice. Signed by Judge James M. Moody Jr. on 4/5/2016. (ljb) (Entered: 04/05/2016)

MOTION in Opposition to 49 Recommended Disposition by Fred Smith. (jak) (Entered: 04/07/2016)

ORDER denying Plaintiff's 52 Motion, which the Court will treat as a motion to extend time. Signed by Judge James M. Moody Jr. on 4/8/2016. (mcz) (Entered: 04/08/2016)

MOTION to Set Aside 51 Judgment by Fred Smith.(jak) (Entered: 04/18/2016)

RESPONSE in Opposition re 54 MOTION to Set Aside filed by Arkansas Board of Election Commissioners, Mike Bebe. (Merritt, Jennifer) (Entered: 04/25/2016)

ORDER denying Plaintiff's 54 Motion to Set Aside Judgment. Signed by Judge James M. Moody Jr. on 4/25/2016. (mcz) (Entered: 04/25/2016)

REPLY to Response to 54 MOTION to Set Aside filed by Fred Smith. (tjb) (Entered: 06/29/2016)