Jones Digital LLC v. Arkansas County, Arkansas et al
| Jones Digital LLC |
| Arkansas County, Arkansas, Thomas Best, Johnny Cheek and Tim Blair |
| 2:2023cv00220 |
| November 1, 2023 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 INITIAL SCHEDULING ORDER: Rule 26(f) Report due by 2/12/2024 and Bench Trial set for 1/14/2025 at 9:30 AM in Helena, Arkansas Courtroom #314 before Judge Lee P. Rudofsky. Signed at the Direction of the Court on 11/21/2023. (hml) |
| Filing 27 Defendants' ANSWER to #1 Complaint by Arkansas County, Arkansas, Thomas Best, Tim Blair, Johnny Cheek.(Newell, C.) |
Filing 26
ORDER: Transcript of Ruling on #2 Motion for TRO/PI. (Docketed pursuant to 25 Order.)(ldb)
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #2 Motion for TRO/PI. The Motion is granted as set forth in the portion of the transcript that reflects the Court's ruling at the November 16, 2023 hearing. The Clerk is directed to immediately file that portion of the transcript, which will serve as the Court's written ruling for purposes of Rule 65. Signed by Judge Lee P. Rudofsky on 11/20/2023. (hml)
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| Filing 24 Court's Witness and Exhibit List for Preliminary Injunction Hearing. (hml) |
| Filing 23 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing held on 11/16/2023 re #2 MOTION for Preliminary Injunction. After hearing testimony from witnesses and argument from the attorneys, the Court entered a verbal order on the matter. A written order is forthcoming. (Plaintiff: Alexander T. Jones, William J. Ogles, Gregory T. Jones, and Stephen R. Giles; Defendants: C. Burt Newell; Court Reporter: Valarie Flora) (hml) |
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Filing 22
AGREED PROTECTIVE ORDER. Signed by Judge Lee P. Rudofsky on 11/15/2023. (ldb)
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Filing 21
ORDER authorizing attorneys Stephen R. Giles, Gregory T. Jones, Alexander T. Jones, and William J. Ogles; and Miranda Guerrero (attorney staff) to bring a cell phone, laptop computer, or personal digital assistant into the courthouse on 11/16/2023 for a hearing before Judge Lee P. Rudofsky. Signed by Judge Lee P. Rudofsky on 11/15/2023. (hml)
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| Filing 20 Joint MOTION for Protective Order by Jones Digital LLC (Attachments: #1 Exhibit 1- Proposed Protective Order)(Jones, Alexander) |
| Filing 19 MOTION for Leave to File to Bring Electronic Devices into the Courtroom by Jones Digital LLC (Jones, Alexander) |
| Filing 18 REPLY IN SUPPORT re #2 Motion for Preliminary Injunction filed by Jones Digital LLC. (Attachments: #1 Exhibit 1- Declaration of Cliff Evans, #2 Exhibit 2- Declaration of Qimin Jimmy Chen, #3 Exhibit 3- Baseline Sound Study (Arkansas County) (DeWitt), #4 Exhibit 4- Emails from Mark Whitmore)(Jones, Alexander)(Docket text modified on 11/14/2023 to correct the description of the document filed) (jak) |
| NOTICE OF DOCKET CORRECTION re #18 Brief in Support. CORRECTION: The docket text was modified to correct the description of the document filed as "REPLY IN SUPPORT re #2 Motion for Preliminary Injunction filed by Jones Digital LLC" as marked on the document. (jak) |
| Filing 17 BRIEF IN SUPPORT re #16 Response in Opposition to Motion filed by All Defendants. (Newell, C.) |
| Filing 16 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Defendants. (Newell, C.) |
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Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #13 Defendants' Motion for an Extension of Deadlines. Defendants may have until 11:59 pm on 11/11/2023 (Saturday) to file their response. All other deadlines remain the same. Signed by Judge Lee P. Rudofsky on 11/9/2023. (hml)
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| Filing 14 BRIEF IN SUPPORT re #13 Motion to Extend Time filed by All Defendants. (Newell, C.) |
| Filing 13 MOTION to Extend Time by All Defendants (Attachments: #1 Exhibit 1)(Newell, C.) |
| Filing 12 NOTICE of Appearance by C. Burt Newell on behalf of All Defendants (Newell, C.) |
| Filing 11 AFFIDAVIT of Service of Proof of Service of Process , filed by Jones Digital LLC. Arkansas County, Arkansas served on 11/2/2023; Thomas Best served on 11/2/2023; Tim Blair served on 11/2/2023; Johnny Cheek served on 11/2/2023., ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Jones Digital LLC. (Attachments: #1 Exhibit 1- Email exchange re accepting service)(Jones, Alexander) |
| Filing 10 SEALED DOCUMENT. (ldb) |
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #6 Motion for Leave to File Under Seal. Signed by Judge Lee P. Rudofsky on 11/2/2023. (sss)
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| Filing 8 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on #2 MOTION for Preliminary Injunction: Motion Hearing set for 11/16/2023 at 9:00 AM in Little Rock, Arkansas Courtroom #1D before Judge Lee P. Rudofsky. (hml) |
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Defendants are ordered to respond to #2 the Motion for a Temporary Restraining Order and Preliminary Injunction by 5:00 PM (CST) on Thursday, November 9, 2023. Plaintiff is directed to file a Reply by 10:00 AM (CST) on Tuesday, November 14, 2023. The Court will hold a preliminary injunction hearing on Thursday, November 16, 2023, at 9:00 AM. The parties may, but do not have to, call witnesses at this hearing. The parties may, but do not have to, present other evidence. At a minimum, however, the parties must be prepared to argue the legal issues relevant to the Motion. The Court hereby directs the Affiants and Declarants to be present at the hearing. The Court reads the Complaint, the Motion, the Brief, and the Affidavits/Declarations to suggest that construction of the facility is not set to be completed, and operations are not set to commence, until later in November or the beginning of December. See Compl. (Doc. 1) 49, 50; Ex. 2 (Affidavit of Qimin "Jimmy" Chen) to Pl.'s Mot. for TRO (Doc. 2) 10. Given that the animating concern here appears to be (primarily, if not exclusively) exposure to civil and criminal penalties once operations commence, there seems to be no need to proceed at a pace faster than the one the Court has just established. In this regard, the Court notes that Plaintiff did not file the Complaint and Motion until three weeks after the October 10, 2023 Ordinance was passed. See Ex. 4 (October 10, 2023 Ordinance) to Compl. (Doc. 1) at 12. However, should the Defendants or anyone else bring an enforcement action (or any other action under the Ordinance) against the Plaintiff before the Court has ruled on the Plaintiff's request for preliminary relief, the parties are directed to immediately apprise the Court of such fact. Plaintiff is directed to immediately provide this Text Order to all Defendants and their counsel. Signed by Judge Lee P. Rudofsky on 11/2/2023. (sss)
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| Filing 6 MOTION for Leave to File Under Seal by Jones Digital LLC (Jones, Alexander) |
| Summons Issued as to All Defendants and returned to counsel for service. (ajj) |
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Filing 5
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
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| Filing 4 Corporate Disclosure Statement (Rule 7.1) by Jones Digital LLC. (ldb) |
| Filing 3 BRIEF IN SUPPORT re #2 Motion for TRO and Motion for Preliminary Injunction filed by Jones Digital LLC. (ldb) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Jones Digital LLC. (ldb) |
| Filing 1 COMPLAINT filed by Jones Digital LLC against All Defendants. (Fee $402, Receipt Number LIT4138.) No summons issued. (Attachments: #1 Civil Cover Sheet) (ldb) |
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