Cave et al v. Thurston
| Judith Lansky, Susan Russell, Donna Cave and Pat Piazza |
| Mark Martin and John Thurston |
| Doug Misicko, Satanic Temple, Lucien Greaves and Erika Robbins |
| Eugene Levy, Gale Stewart, Anne Orsi, Walter Riddick, Joan Dietz, Teresa Grider, Arkansas Society of Freethinkers, Victor H Nixon, Freedom From Religion Foundation Inc and American Humanist Association |
| 4:2018cv00342 |
| May 23, 2018 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Pulaski |
| Kristine G Baker |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Other Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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Filing 298
ORDER granting #297 motion for summary judgment hearing. The Court will hold a hearing on the pending cross motions for summary judgment on Friday, 7/7/2023, at 10:00 a.m. CST at the Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas 72201, Courtroom 4D. Signed by Judge Kristine G. Baker on 6/20/2023. (jbh)
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Filing 297
MOTION for Hearing by American Humanist Association, Arkansas Society of Freethinkers, Donna Cave, Joan Dietz, Erika Robbins, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Doug Misicko, Victor H Nixon, Anne Orsi, Pat Piazza, Walter Riddick, Satanic Temple, Gale Stewart (Burnett, John)
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Filing 296
REPLY to Response to Motion re #264 MOTION for Summary Judgment filed by Donna Cave, Pat Piazza. (Schultz, Andrew)
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Filing 295
REPLY to Response to Motion re #257 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by John Thurston. (Cantrell, Michael)
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Filing 294
REPLY to Response to Motion re #268 MOTION for Summary Judgment [cover page corrected] filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matt)
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Filing 293
REPLY to Response to Motion re #268 MOTION for Summary Judgment filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matt)
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Filing 292
REPLY to Response to Motion re #254 MOTION for Summary Judgment of Consolidated Plaintiffs filed by Teresa Grider, Judith Lansky, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 291
REPLY to Response to Motion re #267 MOTION in Limine (pursuant to Daubert) to exclude Dr. Hall testimony filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matt)
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Filing 290
RESPONSE re #261 Statement of Facts (Local Rule 56.1) filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matt)
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Filing 289
RESPONSE in Opposition re #257 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit supplemental affidavit of Lucien Greaves, #2 Exhibit AHHF Secretary of State records)(Kezhaya, Matt)
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Filing 288
RESPONSE re #269 Statement of Facts (Local Rule 56.1) DEFENDANT'S RESPONSE TO SATANIC TEMPLE'S STATEMENT OF FACTS filed by John Thurston. (Cantrell, Michael)
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Filing 287
RESPONSE re #280 Statement of Facts (Local Rule 56.1), DEFENDANT'S RESPONSE TO ORSI PLAINTIFFS' STATEMENT OF FACTS filed by John Thurston. (Cantrell, Michael)
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Filing 286
RESPONSE re #266 Statement of Facts (Local Rule 56.1), DEFENDANT'S RESPONSE TO CAVE PLAINTIFFS' STATEMENT OF FACTS filed by John Thurston. (Cantrell, Michael)
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Filing 285
RESPONSE in Opposition re #264 MOTION for Summary Judgment , #268 MOTION for Summary Judgment , #254 MOTION for Summary Judgment DEFENDANT'S OPPOSITION TO PLAINTIFFS" MOTIONS FOR SUMMARY JUDGMENT filed by John Thurston. (Attachments: #1 Exhibit 50 - Rapert Dep. Excerpts, #2 Exhibit 51 - NACL Name Reservation, #3 Exhibit 52 - NACL Incorporation)(Cantrell, Michael)
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Filing 284
RESPONSE in Opposition re #257 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Donna Cave, Pat Piazza. (Schultz, Andrew)
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Filing 283
RESPONSE re #261 Statement of Facts (Local Rule 56.1) filed by Donna Cave, Pat Piazza. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schultz, Andrew)
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Filing 282
BRIEF IN SUPPORT re #278 Response to Motion,, for summary judgment of Secretary of State John Thurston filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 281
NOTICE OF DOCKET CORRECTION re #278 Response. CORRECTION: The original exhibits were submitted in error. The correct exhibits were added to docket entry #278 based on the attached correspondence. (jak)
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Filing 280
STATEMENT OF FACTS (Local Rule 56.1) re #278 Response to Motion, filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 279
RESPONSE re #261 Statement of Facts (Local Rule 56.1) filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 278
RESPONSE to Motion re #257 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Attachments: #1 Exhibit Exhibits to Response to Motion for Summary Judgment of John Thurston, Secretary of State)(Schulze, James) (Additional attachment(s) added on 4/10/2023: #2 Exhibit Correct (submitted 4/10/2023)) (jak).
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Filing 277
RESPONSE in Opposition re #267 MOTION in Limine (pursuant to Daubert) to exclude Dr. Hall testimony filed by John Thurston. (Cantrell, Michael)
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Filing 276
BRIEF IN SUPPORT re #275 Response in Opposition to Motion, filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 275
RESPONSE in Opposition re #262 MOTION to Exclude DEFENDANT'S MOTION TO EXCLUDE DR. GREEN filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Attachments: #1 Affidavit Exhibit to Response to Secretary of State's Motion to Exclude Testimony of Dr. Green)(Schulze, James)
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Filing 274
SEALED Exhibit. (jap)
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Filing 273
VIDEO - DVD re Rapert videos and clips filed by Erika Robbins, Doug Misicko, Satanic Temple to #270 Notice. [filed conventionally and maintained in the Clerk's Office file] (jap)
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Filing 272
NOTICE OF DOCKET CORRECTION re #263 Brief in Support. CORRECTION: The original document was submitted in error (incorrect title on the document). The correct document was added to docket entry #263 based on the attached correspondence. (jak)
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Filing 271
BRIEF IN SUPPORT re #268 Motion for Summary Judgment, #269 Statement of Facts (Local Rule 56.1), #270 Notice (Other) filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matt)
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Filing 270
NOTICE by Erika Robbins, Doug Misicko, Satanic Temple re #268 MOTION for Summary Judgment , #269 Statement of Facts (Local Rule 56.1) (notice of conventional filing -- Rapert videos and clips) (Kezhaya, Matt)
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Filing 269
STATEMENT OF FACTS (Local Rule 56.1) re #268 Motion for Summary Judgment filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Appendix appendix of exhibits)(Kezhaya, Matt)
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Filing 268
MOTION for Summary Judgment by Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matt)
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Filing 267
MOTION in Limine (pursuant to Daubert) to exclude Dr. Hall testimony by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit Dr. Hall report)(Kezhaya, Matt)
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Filing 266
STATEMENT OF FACTS (Local Rule 56.1) re #264 Motion for Summary Judgment filed by Donna Cave, Pat Piazza. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Schultz, Andrew)
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Filing 265
BRIEF IN SUPPORT re #264 Motion for Summary Judgment filed by Donna Cave, Pat Piazza. (Schultz, Andrew)
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Filing 264
MOTION for Summary Judgment by Donna Cave, Pat Piazza (Schultz, Andrew)
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Filing 263
BRIEF IN SUPPORT re #262 Motion to Exclude DEFENDANT'S BRIEF IN SUPPORT OF MOTION TO EXCLUDE DR. GREEN filed by John Thurston. (Cantrell, Michael) (Additional attachment(s) added on 3/7/2023: #1 Main Document - Correct (submitted 3/7/2023)) (jak).
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Filing 262
MOTION to Exclude DEFENDANT'S MOTION TO EXCLUDE DR. GREEN by John Thurston (Cantrell, Michael)
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Filing 261
STATEMENT OF FACTS (Local Rule 56.1) re #257 Motion for Summary Judgment DEFENDANT'S STATEMENT OF FACTS filed by John Thurston. (Cantrell, Michael)
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Filing 260
APPENDIX filed by John Thurston to #257 MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit 1 Judge E.J. Ruegemer Declaration, #2 Exhibit 2 Act 1231 of 2015 (Ten Commandments Monument Display Act), #3 Exhibit 3 Dr. Mark David Hall Expert Report, #4 Exhibit 4 SCOTUS Courtroom Friezes, #5 Exhibit 5 SCOTUS Exterior Medallions & Great Hall Frieze, #6 Exhibit 6 SCOTUS Symbols of Law, #7 Exhibit 7 U.S. Capitol Relief Portrait Plaques, #8 Exhibit 8 U.S. Capitol House Chamber Map, #9 Exhibit 9 U.S. Capitol Portrait Montage, #10 Exhibit 10 U.S. Capitol Moses Portrait, #11 Exhibit 11 U.S. Capitol Moses Portrait Info, #12 Exhibit 12 Ark. Supreme Court Justice Bldg., #13 Exhibit 13 Ware Affidavit, #14 Exhibit 13-1 Ware Aff. exs. A1-A15, #15 Exhibit 13-2 Ware Aff. exs. A16-B3, #16 Exhibit 13-3 Ware Aff. exs. B4-B26, #17 Exhibit 13-4 Ware Aff. exs. C1-C19, #18 Exhibit 13-5 Ware Aff. exs. D1-D64, #19 Exhibit 13-6 Ware Aff. exs. E1-E74, #20 Exhibit 13-7 - Ware Aff. exs. F1-F8, #21 Exhibit 13-8 Ware Aff. exs. G1-H24, #22 Exhibit 13-9 Ware Aff. exs. I1-I13, #23 Exhibit 13-10 Ware Aff. exs. J1-J5, #24 Exhibit 14 Boyd Deposition, #25 Exhibit 14-1 Boyd Dep. exs. 1-5, #26 Exhibit 14-2 Boyd Dep. exs. 6-10, #27 Exhibit 14-3 Boyd Dep. exs. 11-15, #28 Exhibit 14-4 Boyd Dep. exs. 16-20, #29 Exhibit 14-5 Boyd Dep. exs. 21-27, #30 Exhibit 15 Capitol Monument Site Plan, #31 Exhibit 16 Oct. 12, 2016, A&G Comm. Mtg., #32 Exhibit 17 Nov. 16, 2016, A&G Comm. Mtg., #33 Exhibit 18 May 11, 2017, A&G Comm. Mtg., #34 Exhibit 19 Dec. 5, 2017, A&G Comm. Mtg., #35 Exhibit 20 Dec. 12, 2017, A&G Comm. Mtg., #36 Exhibit 21 Jan. 25, 2017, A&G Comm. Mtg., #37 Exhibit 22 Act 274 of 2017 (Vetting Efficiency Act), #38 Exhibit 23 Jan. 26, 2017, A&G Comm. Mtg., #39 Exhibit 24 Dec. 14, 2016, A&G Comm. Mtg., #40 Exhibit 25 Aug. 31, 2015, TST Letter to SOS, #41 Exhibit 26 Satanic Temple 30(b)(6) Deposition, #42 Exhibit 26-1 TST Dep. exs. 1-33, #43 Exhibit 26-2 TST Dep. exs. 34-50, #44 Exhibit 26-3 TST Dep. exs. 55-64, #45 Exhibit 27 Satanic Temple Oklahoma Application Docs., #46 Exhibit 28 Satanic Temple April 19, 2017, Email to Gen. Assembly, #47 Exhibit 29 Satanic Temple Email Reply to Legislator 1, #48 Exhibit 30 Satanic Temple Email Reply to Legislator 2, #49 Exhibit 31 Dr. Mark David Hall Reply Report, #50 Exhibit 32 Misicko Deposition, #51 Exhibit 33 Robbins Deposition, #52 Exhibit 34 Hargett Deposition, #53 Exhibit 35 Brownstein Deposition, #54 Exhibit 36 Cave Deposition, #55 Exhibit 37 Moody Deposition, #56 Exhibit 38 Piazza Deposition, #57 Exhibit 39 Naumann Declaration, #58 Exhibit 40 Orsi Deposition, #59 Exhibit 41 Stewart Deposition, #60 Exhibit 42 Levy Deposition, #61 Exhibit 43 Gryder Deposition, #62 Exhibit 44 Nixon Deposition, #63 Exhibit 45-49 Notice of Video Exhibits)(Cantrell, Michael)
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Filing 259
NOTICE of Filing Exhibits 45 through 49 by John Thurston. DVD filed conventionally and maintained in the Clerk's office. (fjg)
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Filing 258
BRIEF IN SUPPORT re #257 Motion for Summary Judgment BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by John Thurston. (Cantrell, Michael)
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Filing 257
MOTION for Summary Judgment DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by John Thurston (Cantrell, Michael)
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Filing 256
BRIEF IN SUPPORT re #254 Motion for Summary Judgment, filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Attachments: #1 Exhibit Exhibits to the brief)(Schulze, James)
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Filing 255
STATEMENT OF FACTS (Local Rule 56.1) re #254 Motion for Summary Judgment, filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 254
MOTION for Summary Judgment by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart (Attachments: #1 Exhibit Exhibits to Motion for Summary Judgment)(Schulze, James)
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Filing 253
ORDER granting #251 motion for admission of counsel pro hac vice of attorney Katherine McKerall. Signed by Judge Kristine G. Baker on 3/3/2023. (jbh)
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Filing 252
ORDER granting #249 motion of Hunter W. Lundy to withdraw as co-counsel of record for Senator Jason Rapert; and directing the Clerk of the Court to terminate Mr. Lundy as counsel of record for Senator Rapert. Signed by Judge Kristine G. Baker on 3/3/2023. (jbh)
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Filing 251
MOTION for Leave to Appear pro hac vice by Katherine McKerall. Fee $100 receipt number AAREDC-4467068. Filed by Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart (Attachments: #1 Exhibit Certificate of Good Standing)(Schulze, James)
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Filing 250
ORDER granting #248 motion for admission of counsel pro hac vice of attorney Samuel T. Grover. Signed by Judge Kristine G. Baker on 3/2/2023. (jbh)
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Filing 249
MOTION to Withdraw as Attorney by Jason Rapert (Attachments: #1 Proposed Order)(Lundy, Hunter)
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Filing 248
MOTION for Leave to Appear Pro Hac Vice by Samuel T. Grover. Fee $100, Receipt Number LIT1176. Filed by Freedom From Religion Foundation Inc. (jap) (Docket text modified on 5/10/2023 to correct a typographical error) (jak)
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Filing 247
NOTICE of Appearance by Christine Ann Cryer on behalf of John Thurston (Cryer, Christine)
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Filing 246
THIRD AMENDED FINAL SCHEDULING ORDER: Bench Trial set for sometime during the week of 10/16/2023 at 09:00 AM in Little Rock Courtroom #4D before Judge Kristine G. Baker. Motions due by 3/6/2023; Pretrial Disclosure Sheet due by 9/25/2023; Status Report due by 8/17/2023. Signed at the direction of the Court on 01/27/2023. (tmw)
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Filing 245
SECOND AMENDED FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 10/16/2023 at 09:00 AM in Little Rock Courtroom #4D before Judge Kristine G. Baker. Motions due by 3/6/2023; Pretrial Disclosure Sheet due by 9/25/2023; Status Report due by 8/17/2023. Signed at the direction of the Court on 01/26/2023. (tmw)
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Filing 244
ORDER granting #243 motion to withdraw as counsel; and directing the Clerk of the Court to terminate Ms. Miller as counsel of record for Consolidated Plaintiffs. Signed by Judge Kristine G. Baker on 1/10/2023. (jbh)
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Filing 243
MOTION to Withdraw as Attorney for Monica Miller to Withdraw by American Humanist Association (Schulze, James)
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Filing 242
ORDER: The Court agrees with setting a briefing schedule along the lines of the one proposed by the parties and sets the following deadlines: Any party who chooses to do so may file a dispositive motion on or before 3/6/2023. Any party who chooses to do so may file a response to any dispositive motion filed by any party on or before 4/10/2023. Any party who chooses to do so may file a reply in support of any dispositive motion on or before 5/8/2023, without the need to seek leave of Court to file a reply. Any additional briefing other than motions, responses, and replies regarding dispositive motions will require leave of Court. When the date for filing reply briefs passes, the Court will consider any pending dispositive motion ripe. The Court will enter a separate Amended Final Scheduling Order setting other pre-trial deadlines and setting the case for trial on a date not before 8/31/2023. Signed by Judge Kristine G. Baker on 1/4/2023. (jbh)
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Filing 241
RESPONSE to Motion re #239 MOTION for Order filed by John Thurston. (Cantrell, Michael)
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Filing 240
ORDER: Defendant John Thurston, should he choose to do so, may file a response to the Parties' #239 request for a briefing and trial schedule on or before 1/4/2023. Signed by Judge Kristine G. Baker on 12/29/2022. (jbh)
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Filing 239
MOTION for Order by American Humanist Association, Arkansas Society of Freethinkers, Donna Cave, Joan Dietz, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Pat Piazza, Walter Riddick, Satanic Temple, Gale Stewart (Burnett, John)
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Filing 238
Third Party MOTION for Order RELEASE FROM FURTHER PARTICIPATION BY A NONPARTY WITNESS IN ONGOING LITIGATION by American History and Heritage Foundation (Story, Travis)
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Filing 237
ORDER denying #181 motion for relief concerning remaining discovery issues; granting in part and denying in part, consistent with the terms of this Order, #189 motion to exclude Shane Bugbee or to permit a late subpoena and #190 motion to exclude Bugbee or to permit a late subpoena; denying #192 motion to amend the scheduling order to allow the subpoenas and for Order to show cause; granting in part and denying in part, consistent with the terms of this Order, #195 motion to quash intervenor's subpoena or, in the alternative, for a protective order; granting in part and denying in part #196 motion to quash intervenor's subpoena or, in the alternative, for a protective order; denying #199 motion for order to show cause or to compel production of documents in response to the subpoena directed to Arkansas State Senator Bob Ballinger; granting in part and denying in part, consistent with the terms of this Order, #203 motion to compel production of documents; denying #212 motion to compel responsive documents withheld by TST; and denying #218 motion to compel state documents. Signed by Judge Kristine G. Baker on 9/30/2022. (jbh)
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Filing 236
SEALED Document.(jap)
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Filing 235
ORDER directing Secretary Thurston to deliver in person or electronically to the Court ex parte and under seal for the Court's in camera review all documents he withholds that Intervenors challenge in their #203 motion on or before 9/27/2022; and directing The Satanic Temple to deliver in person or electronically to the Court ex parte and under seal for the Court's in camera review all documents The Satanic Temple withholds that Secretary Thurston challenges in his #212 motion on or before 9/27/2022. Signed by Judge Kristine G. Baker on 9/22/2022. (jbh)
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Filing 234
REQUEST for Request for Schedule by American Humanist Association, Arkansas Society of Freethinkers, Donna Cave, Joan Dietz, Erika Robbins, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Doug Misicko, Victor H Nixon, Anne Orsi, Pat Piazza, Walter Riddick, Satanic Temple, Gale Stewart. (Burnett, John)
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Filing 233
ORDER granting #232 Mr. Bird's motion to withdraw as counsel for Secretary Thurston; and directing the Clerk of the Court to terminate Mr. Bird as counsel of record for Secretary Thurston. Signed by Judge Kristine G. Baker on 07/18/2022. (llg)
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Filing 232
MOTION to Withdraw as Attorney by John Thurston (Bird, William)
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Filing 231
TRANSCRIPT of Telephone Conference held on 2/18/2022, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 3/17/2022. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (fcd)
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Filing 230
TRANSCRIPT of Telephone Conference held on 3/11/2020, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 3/17/2022. Redaction Request due 3/31/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/8/2022. (fcd)
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NOTICE OF DOCKET CORRECTION re 229 Status Conference Minutes. CORRECTION: The docket text was modified to correct the description to "Present for Intervenor Satanic Temple: Matthew Kezhaya, Stu de Haan and Sonia Kezhaya" pursuant to instruction from chambers. (kbc)
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Filing 229
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 2/18/2022. The parties convened via telephone; The Court took up the dispositive motion briefing schedule and heard arguments from counsel re Dkt. Nos. #189 , #190 , #192 , #195 , #196 , #199 , #203 , #212 , and #218 . A written order will be entered separately. (Present for Plaintiffs: John Burnett and Andrew Schultz; Present for Orsi plaintiffs: Patrick Elliott; Present for Intervenor Satanic Temple: Matthew Kezhaya, Stu de Haan and Sonia Kezhaya; Present for Defendant Secretary of State: Michael Cantrell; Present for Senator Rapert, Senator Ballinger, and Senator Hammer in official capacities: Dylan Jacobs; Present for Senator Rapert in individual capacity: Paul Byrd; Present for AHHF: Travis Story) (Court Reporter Elaine Hinson.) (tmw) Modified on 2/22/2022 (kbc).
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Filing 228
ORDER granting #227 motion to withdraw as counsel; and directing the Clerk of Court to terminate Mr. Wagner as counsel of record for Secretary Thurston. Signed by Judge Kristine G. Baker on 2/15/2022. (jbh)
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Filing 227
MOTION to Withdraw as Attorney by All Defendants (Wagner, Vincent)
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Filing 226
ORDER granting #225 motion to withdraw as counsel; and directing the Clerk to terminate Mr. Kelsey as counsel of record for third-party American History and Heritage Foundation. Signed by Judge Kristine G. Baker on 2/4/2022. (jbh)
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Filing 225
MOTION to Withdraw as Attorney Brian Kelsey by American History and Heritage Foundation (Suhr, Daniel)
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Filing 224
ORDER: The Court will conduct a telephonic status conference on Friday, 2/18/2022, at 1:30 p.m. CST. Any party or lawyer who believes that in-person argument or evidence are necessary to resolve a pending motion should file a status report informing the Court in advance of the hearing. Signed by Judge Kristine G. Baker on 1/31/2022. (jbh)
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Filing 223
REPLY to Response to Motion re #218 MOTION to Compel filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matthew)
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Filing 222
RESPONSE in Opposition re #218 MOTION to Compel filed by John Thurston. (Attachments: #1 Exhibit 1 - Parker Declaration, #2 Exhibit 2 - Discovery Correspondence)(Cantrell, Michael)
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Filing 221
SEALED Brief. (jap)
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Filing 220
NOTICE by John Thurston re #219 Reply to Response to Motion, of Reply Filed Under Seal and Served (Cantrell, Michael)
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Filing 219
REPLY to Response to Motion re #212 MOTION to Compel Responsive Documents Withheld by the Satanic Temple filed by John Thurston. (Attachments: #1 Exhibit 22 - Hargett Deposition Excerpts, #2 Exhibit 23 - Robbins Deposition)(Cantrell, Michael)
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Filing 218
MOTION to Compel by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1 - Defendant's supplemental responses, #2 Exhibit 2 - Intervenors' first good faith effort to confer, #3 Exhibit 3 - Intervenors' second good faith effort to confer)(Kezhaya, Matthew)
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Filing 217
RESPONSE in Opposition re #212 MOTION to Compel Responsive Documents Withheld by the Satanic Temple filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit 1 - articles of amendment changing name from "The Satanic Temple" to "The Satanic Temple, Inc.")(Kezhaya, Matthew)
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Filing 216
REPLY to Response to Motion re #203 MOTION to Compel filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matthew)
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Filing 215
NOTICE by John Thurston re 214 Notice (Other) (Cantrell, Michael)
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Filing 214
SEALED BRIEF. (fjg)
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Filing 213
BRIEF IN SUPPORT re #212 Motion to Compel,,,,,, filed by John Thurston. (Cantrell, Michael)
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Filing 212
MOTION to Compel Responsive Documents Withheld by the Satanic Temple by John Thurston (Attachments: #1 Exhibit 1 - Def.'s First Requests, #2 Exhibit 2 - Satanic Temple Response to Def.'s First Requests (July 22, 2019), #3 Exhibit 3 - Def.'s July 26, 2019 Discovery Correspondence, #4 Exhibit 4 - Parties' August 2019 Discovery Correspondence, #5 Exhibit 5 - Satanic temple Responses to Def.'s First Requests (Sept. 26, 2019), #6 Exhibit 6 - Def.'s October 22, 2019 Discovery Correspondence, #7 Exhibit 7 - Parties' October-November 2019 Discovery Correspondence, #8 Exhibit 8 - Def.'s Third Requests, #9 Exhibit 9 - Satanic Temple's Responses to Def.'s Third Requests, #10 Exhibit 10 - Satanic Temple 30(b)(6) Deposition Excerpts, #11 Exhibit 11 - Def.'s April 10, 2020 Discovery Correspondence, #12 Exhibit 12 - Satanic Temple Responses to Def.'s First Requests (April 10, 2020), #13 Exhibit 13 - Def.'s April 18, 2020 Discovery Correspondence, #14 Exhibit 14 - Satanic Temple's April 22, 2020 Discovery Correspondence, #15 Exhibit 15 - Def.'s Supplemental Requests, #16 Exhibit 16 - Parties' November-December 2021 Discovery Correspondence, #17 Exhibit 17 - Satanic Temple Responses to Def.'s Supplemental Requests, #18 Exhibit 18 - Misicko Deposition Excerpts, #19 Exhibit 19 - Satanic Temple 30(b)(6) Deposition Notice, #20 Exhibit 20 - Robbins Deposition Excerpts, #21 Exhibit 21 - Speak of the Devil Book Excerpt)(Cantrell, Michael)
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Filing 211
NOTICE by John Thurston re 210 Notice (Other), 209 Notice (Other) (Cantrell, Michael)
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Filing 210
SEALED EXHIBIT. (fjg)
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Filing 209
SEALED RESPONSE. (fjg)
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Filing 208
RESPONSE in Opposition re #203 MOTION to Compel filed by John Thurston. (Attachments: #1 Exhibit 1 - Discovery Correspondence, #2 Exhibit 2 - Satanic Temple Counsel's Nov. 23 Email, #3 Exhibit 3 - Satanic Temple Nov. 23 Letter, #4 Exhibit 4 - Defendant's Nov. 22 Privilege Log, #5 Exhibit 5 - Defendant's Nov. 22 Supplemental Responses to Intervenors' Second Requests for Production, #6 Exhibit 6 - Defendant's Nov. 22 Supplemental Responses to Intervenors' First Requests for Production, #7 Exhibit 7 - Defense Counsel's Nov. 22 Email #1, #8 Exhibit 8 - Defense Counsel's Nov. 22 Email #2, #9 Exhibit 9 - Nov. 22 Emails re Satanic Temple's Document Delivery)(Cantrell, Michael)
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Filing 207
REPLY to Response to Motion re #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer, #199 MOTION for Order to Show Cause why Ballinger should not be held in contempt MOTION to Compel production of the subpoenaed documents filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matthew)
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Filing 206
REPLY to Response to Motion re #190 Amended MOTION to Exclude Shane Bugbee; or permit a late subpoena, #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer, #199 MOTION for Order to Show Cause why Ballinger should not be held in contempt MOTION to Compel production of the subpoenaed documents filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit 1 - Information Technology Division information page, #2 Exhibit 2 - All emails Defendant provided between Cantrell and Bug-bee)(Kezhaya, Matthew)
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Filing 205
RESPONSE in Opposition re #199 MOTION for Order to Show Cause why Ballinger should not be held in contempt MOTION to Compel production of the subpoenaed documents Sen. Bob Ballinger's Response in Opposition to Motion for Order to Show Cause or to Compel Production filed by John Thurston. (Jacobs, Dylan)
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Filing 204
RESPONSE in Opposition re #196 MOTION to Quash Subpoena, or in Alternative, for Protective Order with Incorporated Brief, #195 MOTION to Quash filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit 1 - State Sen. Rapert objections)(Kezhaya, Matthew)
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Filing 203
MOTION to Compel by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1 - Defendant's privilege log, #2 Exhibit 2 - Intervenors' good faith effort to confer)(Kezhaya, Matthew)
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Filing 202
RESPONSE in Opposition re #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer Sen. Kim Hammer's Response in Opposition to Motion for Order to Show Cause filed by John Thurston. (Jacobs, Dylan)
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Filing 201
RESPONSE in Opposition re #190 Amended MOTION to Exclude Shane Bugbee; or permit a late subpoena, #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer, #189 MOTION to Exclude Shane Bugbee; or permit a late subpoena, #199 MOTION for Order to Show Cause why Ballinger should not be held in contempt MOTION to Compel production of the subpoenaed documents filed by John Thurston. (Attachments: #1 Exhibit 1- Satanic Temple's first mass mmail to General Assembly members, #2 Exhibit 2 - Satanic Temple's second mass email to General Assembly members, #3 Exhibit 3- Satanic Temple 30(b)(6) deposition excerpt, #4 Exhibit 4 - Defendant's February 8, 2019 Supplemental Discovery Responses, #5 Exhibit 5 - Sen. Rapert Correspondence (1), #6 Exhibit 6 - Sen. Rapert Correspondence (2), #7 Exhibit 7 - November 16, 2016 Commission meeting transcript, #8 Exhibit 8 - Defendant's April 18, 2020 Second Supplemental Disclosures, #9 Exhibit 9 - Shane Bugbee Declaration, #10 Exhibit 10 -Satanic Temple counsel's April 27, 2020 email, #11 Exhibit 11 - Newsweek Article: "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit")(Cantrell, Michael)
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Filing 200
RESPONSE in Opposition re #190 Amended MOTION to Exclude Shane Bugbee; or permit a late subpoena, #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer, #199 MOTION for Order to Show Cause why Ballinger should not be held in contempt MOTION to Compel production of the subpoenaed documents filed by Donna Cave, Pat Piazza. (Schultz, Andrew)
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Filing 199
MOTION for Order to Show Cause why Ballinger should not be held in contempt, MOTION to Compel production of the subpoenaed documents () by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1 - agreement to accept emailed-service, #2 Exhibit 2 - Ballinger's response)(Kezhaya, Matthew)
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Filing 198
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 11/23/2021; Court convened via telephone; The Court took up #181 , #193 , #187 , #188 , and #191 ; The Court took the matters under advisement; The next status conference will be scheduled by separate notice. (Present for plaintiffs: John Burnett and Andrew Schultz; Present for Orsi plaintiffs: Jerry Schulze; Present for Intervenor Satanic Temple: Matthew Kezhaya; Present for Defendant Secretary of State: Michael Cantrell; Present for Senator Rapert in official capacity: Dylan Jacobs; Present for Senator Rapert in individual capacity: Paul Byrd and Hunter Lundy; Present for AHHF: Travis Story) (Court Reporter Valarie Flora) (tmw)
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Filing 197
CERTIFICATE OF SERVICE by Erika Robbins, Doug Misicko, Satanic Temple re #192 MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas MOTION for Order to Show Cause against State Rep. Hammer , RETURN OF SERVICE upon Kim Hammer re subpoena duces tecum and witness fee onNovember 1, 2021. (Attachments: #1 Exhibit 1 - certificate of service to counsel of record, #2 Exhibit 2 - affidavit of service on Hammer)(Kezhaya, Matthew)
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Filing 196
MOTION to Quash Subpoena, or in Alternative, for Protective Order with Incorporated Brief by American History and Heritage Foundation (Story, Travis)
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Filing 195
MOTION to Quash by Jason Rapert (Byrd, John)
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Filing 194
ORDER: The Court will hold a telephonic status conference on 11/23/2021, at 9:00 a.m. Central time. Signed by Judge Kristine G. Baker on 11/22/2021. (jbh)
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Filing 193
RESPONSE in Opposition re #181 MOTION for Relief Concerning Remaining Discovery Issues filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit 1 - articles of incorporation for "The Satanic Temple", #2 Exhibit 2 - email providing articles of incorporation for TST)(Kezhaya, Matthew)
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Filing 192
MOTION to Amend/Correct #107 Scheduling Order, to permit Intervenors' subpoenas, MOTION for Order to Show Cause against State Rep. Hammer () by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 1 - subpoena to Rapert, #2 2 - subpoena to Hammer, #3 3 - subpoena to Ballinger, #4 4 - subpoena to AHHF, #5 5 - Hammer response)(Kezhaya, Matthew)
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Filing 191
STATUS REPORT (Intervenors' supplemental report) by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matthew)
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Filing 190
Amended MOTION to Exclude Shane Bugbee; or permit a late subpoena by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1 - relevant portions of Greaves's deposition, #2 Exhibit 2 - relevant portions of TST's deposition)(Kezhaya, Matthew)
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Filing 189
MOTION to Exclude Shane Bugbee; or permit a late subpoena by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1 - relevant portions of Greaves's deposition, #2 Exhibit 2 - relevant portions of TST's deposition)(Kezhaya, Matthew)
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Filing 188
STATUS REPORT by Intervenors by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit 1 - Defendant's notice of intent to call Shane Bugbee, #2 Exhibit 2 - Declaration of Shane Bugbee)(Kezhaya, Matthew)
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Filing 187
STATUS REPORT on Behalf of Certain Parties by Donna Cave, Pat Piazza. (Schultz, Andrew)
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Filing 186
ORDER granting #178 , #179 , #180 , #183 , #184 , #185 motions for leave to appear remotely. Counsel for AHHF, intervenors, Secretary Thurston, plaintiffs Donna Cave and Pat Piazza, Senator Jason Rapert, in his official capacity, and Hunter Lundy, co-counsel for Senator Jason Rapert, in his individual capacity, may appear remotely at the status conference set for 11/23/2021, as may the Satanic Temple's corporate representative Lucien Greaves. Signed by Judge Kristine G. Baker on 11/12/2021. (jbh)
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Filing 185
MOTION for Relief to Appear Remotely re #175 Order,,, Set Deadlines/Hearings,, by Jason Rapert (Lundy, Hunter)
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Filing 184
MOTION for Relief To Appear Remotely By Official-Capacity Counsel by Jason Rapert (Jacobs, Dylan)
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Filing 183
MOTION for Relief to Appear Remotely by Donna Cave, Pat Piazza (Burnett, John)
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Filing 182
SUGGESTION OF DEATH Upon the Record by Donna Cave, Susan Russell (Burnett, John)
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Filing 181
MOTION for Relief Concerning Remaining Discovery Issues by John Thurston (Cantrell, Michael)
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Filing 180
MOTION for Relief to Participate Remotely by All Defendants (Cantrell, Michael)
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Filing 179
MOTION for Relief appear remotely at the November 23 status conference re #175 Order,,, Set Deadlines/Hearings,, by Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matthew)
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Filing 178
MOTION for Relief Appear Remotely at the November 23 Status Conference by American History and Heritage Foundation (Story, Travis)
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Filing 177
ORDER granting #176 motion to appear remotely at the 11/23/2021, status conference. Signed by Judge Kristine G. Baker on 10/27/2021. (jbh)
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Filing 176
MOTION for Relief Leave to Appear Remotely at 11/23/2021 Status Conference by Donna Cave, Pat Piazza, Susan Russell (Schultz, Andrew)
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Filing 175
ORDER allowing the parties to inform the Court and request a ruling in a written motion on any additional issues the parties believe the Court did not address in its #172 Order within 14 days of the date; allowing Secretary Thurston 30 days from the entry of this Order to produce a privilege log consistent with the Federal Rules of Civil Procedure and this Court's Order; allowing TSTI 30 days from the entry of this Order to produce a privilege log consistent with the Federal Rules of Civil Procedure and this Court's Order; and denying as moot #150 , #158 motions. The Court will conduct a status conference on Tuesday, 11/23/2021, at 9:00 a.m. CST in Little Rock Courtroom 4D. Signed by Judge Kristine G. Baker on 10/22/2021. (jbh)
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Filing 174
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 10/22/2021. The Court took up matters including holding status conferences every 30 days to move case to resolution, pending discovery issues, the parties requests for additional relief regarding Dkt. Nos. #120 and #124 , issues re Senator Rapert's video deposition, AHHF's discovery issues, documents produced by Senator Rapert, and the parties previous joint status report; A written order will be issued. (Present for plaintiffs: John Burnett and Andrew Schultz; Present for Orsi plaintiffs: Jerry Schulze; Present for Intervenor Satanic Temple: Matthew Kezhaya; Present for Defendant Secretary of State: Michael Cantrell; Present for Senator Rapert in official capacity: Dylan Jacobs; Present for Senator Rapert in individual capacity: Paul Byrd, Present for AHHF: Travis Story) (Court Reporter Elaine Hinson) (tmw) (Docket text modified on 10/22/2021 to correct a typographical error pursuant to instruction from Chambers)(jak)
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Filing 173
ORDER denying #169 motion for relief from appearing before the Court of Senator Jason Rapert and his counsel Paul Byrd; and granting in part and denying in part #170 motion for relief from appearing before the Court of AHHF and its counsel Travis Story, Gregory F. Payne, Brian K Kelsey, and Daniel R. Suhr. The Court denies AHHF's motion for relief from appearing, but it grants its' request to appear via video conference. Signed by Judge Kristine G. Baker on 10/22/2021. (jbh)
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Filing 172
ORDER: The Court entered a #145 short order granting, in part, and denying, in part, each of the #120 , #124 two motions related to discovery in this matter. To the extent the parties believe there are additional issues raised in their filings not addressed by the Court in its ruling, the parties may so inform the Court and request a ruling. Signed by Judge Kristine G. Baker on 10/22/2021. (jbh)
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Filing 171
RESPONSE in Opposition re #169 MOTION for Relief from Appearing Before the Court filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit exhibits 1-6 (emails referenced by the response) (collated))(Kezhaya, Matthew)
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Filing 170
MOTION for Relief From Appearing Before The Court by American History and Heritage Foundation (Story, Travis)
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Filing 169
MOTION for Relief from Appearing Before the Court by Jason Rapert (Byrd, John)
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Filing 168
STATUS REPORT On Behalf of All Parties by Donna Cave, Pat Piazza, Susan Russell. (Schultz, Andrew)
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Filing 167
NOTICE by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart Report to the Court (Schulze, James)
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Filing 166
ORDER granting #164 intervenors' motion for leave to appear remotely at the status conference set for 10/22/2021, at 9:00 a.m.; and granting #165 motion for leave to appear remotely at the status conference set for 10/22/2021, of Andrew G. Schultz, co-counsel for plaintiffs Donna Cave, Pat Piazza, and Susan Russel. Signed by Judge Kristine G. Baker on 9/21/2021. (jbh)
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Filing 165
MOTION for Relief (Notice of Hearing) Motion to Appear Remotely by Donna Cave, Pat Piazza, Susan Russell (Schultz, Andrew)
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Filing 164
MOTION for Relief re #163 Notice of Hearing,, (motion to appear remotely) by Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matthew)
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Filing 163
NOTICE of Hearing: The Court will conduct a status conference on Friday, 10/22/2021, at 9:00 a.m. CST in Little Rock Courtroom 4D. The parties are instructed to submit a joint position statement that reports to the Court on their progress toward completing discovery, proposes a schedule for the parties to file dispositive motions, and that raises any other issues that the parties intend to raise during the status conference; the statement shall be submitted to the Court by 10/15/2021. If the parties are unable to reach consensus to prepare and submit a joint position statement, the parties may each submit a statement to the Court by 10/15/2021. Signed by Judge Kristine G. Baker on 9/9/2021. (jbh)
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Filing 162
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: Show Cause and Status Hearing held on 9/8/2021. The Court granted, in part and denied in part #159 Motion to Appear Pro Hac Vice as to Hunter W. Lundy in open court; Mr. Lundy represents Senator Jason Rapert, not the defendant in this case; The Court took up #150 and #158 ; By agreement of the parties, counsel for AHHF will provide documents requested by the Orsi plaintiffs to all parties with some exceptions as stated in open court. A show cause hearing will be scheduled by separate notice. (Counsel present in court or via video: Andrew Schultz, John Burnett, Gerry Schulze, Lea Patterson, Michael Cantrell, Matthew Kezhaya, Stuart Haan, Paul Byrd, Hunter Lundy, Travis Story, Dylan Jacobs, and Brian Kelsey) (Court Reporter Elaine Hinson) (tmw)
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Filing 161
RESPONSE in Opposition re #158 MOTION to Quash Subpoena of Mr. Roger Quattlebaum filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 160
ORDER: Lea Patterson, counsel for defendant John Thurston, is hereby authorized to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on Wednesday, 9/8/2021, for a hearing in this matter, and continuing each day thereafter until the hearing concludes, subject to the following rules. Signed by Judge Kristine G. Baker on 9/7/2021. (jbh)
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Filing 159
MOTION for Leave to Appear pro hac vice by Hunter W. Lundy. Fee $100 receipt number AAREDC-4092462. Filed by Jason Rapert (Attachments: #1 Document Certificate of Good Standing, #2 Document Request for Pro Hac Vice)(Byrd, John)
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Filing 158
MOTION to Quash Subpoena of Mr. Roger Quattlebaum by American History and Heritage Foundation (Story, Travis)
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Filing 157
ORDER authorizing Andrew "Andy" Schultz, counsel for plaintiffs, to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, on Wednesday, 09/08/2021, for a hearing in this matter, and continuing each day thereafter until the hearing concludes. Signed by Judge Kristine G. Baker on 09/07/2021. (ajt)
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Filing 156
ORDER granting #155 motion to appeal remotely at the 09/08/2021, status conference and show cause hearing. Signed by Judge Kristine G. Baker on 09/07/2021. (ajt)
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Filing 155
MOTION for Relief for counsel to appear remotely by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart (Schulze, James)
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Filing 154
ORDER granting #151 , #152 motions for admission pro hac vice of attorneys Brian K. Kelsey and Daniel R. Suhr. Mr. Kelsey and Mr. Suhr shall appear as counsel for American History and Heritage Foundation along with its' Arkansas counsel, Travis W. Story. Signed by Judge Kristine G. Baker on 9/2/2021. (jbh)
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Filing 153
AMENDED NOTICE of Hearing: The Court will conduct a status conference and show-cause hearing on Wednesday, 9/8/2021, at 9:00 a.m. CST in Little Rock Courtroom 4D. (jbh)
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Filing 152
MOTION for Leave to Appear pro hac vice by Daniel R. Suhr. Fee $100 receipt number AAREDC-4089423. Filed by American History and Heritage Foundation (Story, Travis)
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Filing 151
MOTION for Leave to Appear pro hac vice by Brian K. Kelsey. Fee $100 receipt number AAREDC-4089414. Filed by American History and Heritage Foundation (Story, Travis)
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Filing 150
MOTION for Leave to File a Protective Order at the Show-Cause Hearing by American History and Heritage Foundation (Attachments: #1 Exhibit Motion to Quash and for Protective Order at Show-Cause Hearing)(Story, Travis)
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Filing 149
ORDER granting #147 motion of counsel for intervenors to appear remotely at the 9/8/2021, status conference and show cause hearing. Signed by Judge Kristine G. Baker on 8/31/2021. (jbh)
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Filing 148
SUGGESTION OF DEATH Upon the Record by Donna Cave, Pat Piazza, Susan Russell (Burnett, John)
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Filing 147
MOTION for Relief (motion for leave to appear remotely at the Sept. 8 hearing) by Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matthew)
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Filing 146
NOTICE OF HEARING: The Court will conduct a status conference and show-cause hearing on Tuesday, 9/8/2021, at 9:00 a.m. CST in Little Rock Courtroom 4D. (jbh)
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(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) DOCKET NOTE: This case is assigned to the docket of United States District Judge Kristine G. Baker. Magistrate Judge Edie R. Ervin is now associated to this case due to the retirement of Magistrate Judge Beth Deere. Signed at the Direction of the Court on 5/28/2021. (jbh)
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Filing 145
ORDER granting in part and denying in part #120 , #124 motions related to discovery; and directing that, going forward in this litigation, the Court will conduct status conferences on the record with the parties periodically to monitor the progress of this case. Signed by Judge Kristine G. Baker on 3/31/2021. (jbh)
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Filing 144
ORDER granting #135 motion for order to show cause. The Court will set a date for the show cause hearing by separate Order. Signed by Judge Kristine G. Baker on 3/30/2021. (jbh)
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Filing 143
ORDER granting #142 motion to be relieved as counsel; and directing the Clerk to terminate Mr. Sullivan as counsel of record for Secretary Thurston. Signed by Judge Kristine G. Baker on 03/17/2021. (ajt)
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Filing 142
MOTION to Withdraw as Attorney by John Thurston (Sullivan, Gary)
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Filing 141
ORDER: The Court intends to rule on the matters that remain pending in Sen. Rapert's #74 motion after the bench trial in this matter or upon the Court's determination that circumstances make it necessary for the Court to resolve the remaining issues presented by Sen. Rapert in his motion. Any party to this litigation may petition the Court at any time, for good cause shown, and request that the Court resolve the remaining issues presented by Sen. Rapert in his motion. Signed by Judge Kristine G. Baker on 11/30/2020. (jbh)
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Filing 140
AGREED ORDER. Signed by Judge Kristine G. Baker on 11/30/2020. (jbh)
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Filing 139
RESPONSE to Motion re #135 MOTION for Order to Show Cause filed by American History and Heritage Foundation. (Story, Travis)
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Filing 138
RESPONSE in Support re #135 MOTION for Order to Show Cause filed by Erika Robbins, Doug Misicko, Satanic Temple. (Kezhaya, Matthew)
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Filing 137
RESPONSE in Opposition re #135 MOTION for Order to Show Cause filed by Jason Rapert. (Byrd, John)
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Filing 136
BRIEF IN SUPPORT re #135 Motion for Order to Show Cause filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart. (Schulze, James)
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Filing 135
MOTION for Order to Show Cause by American Humanist Association, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart (Schulze, James)
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Filing 134
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 5/22/2020 re #120 MOTION to Compel filed by Erika Robbins, Satanic Temple, Doug Misicko, and #124 MOTION for Order to Show Cause and Compel Satanic Temple to Make Court-Ordered Production of Documents filed by John Thurston. Court convened via telephone. The Court heard arguments from counsel and took the matter under advisement. The Court will issue a written order. (Present for Plaintiffs: Andrew Schultz; Present for Orsi plaintiffs: James Schulze; Present for defendant: Gary Sullivan, Lea Patterson, and Michael Cantrell; Present for Satanic Temple: Matthew Kezhaya; Present for non-party witness Senator Rapert: Paul Byrd) (Court Reporter Elaine Hinson) (tmw)
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Filing 133
MEMORANDUM re #74 MOTION to Quash MOTION for Protective Order filed by American History and Heritage Foundation. (Story, Travis) (Docket entry modified on 5/21/2020 to correct the party filer.) (thd).
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NOTICE OF DOCKET CORRECTION re #133 Memorandum in Reply to Response to Motion to Quash. CORRECTION: The docket entry was modified to correct the party filer as American History and Heritage Foundation. (thd)
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Filing 132
REPLY to Response to Motion re #124 MOTION for Order to Show Cause and Compel Satanic Temple to Make Court-Ordered Production of Documents filed by John Thurston. (Cantrell, Michael)
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Filing 131
ORDER: The Court will conduct a hearing via telephone on Friday, 5/22/2020, at 9:00 a.m. C.T. in Little Rock Courtroom 4C. The parties and counsel will participate by telephone, with participation information to be provided by the Court to individual participants. All other persons, including members of the public, may attend the hearing at the Courthouse, where appropriate COVID-19 precautions and social distancing requirements will be strictly enforced. Signed by Judge Kristine G. Baker on 5/15/2020. (jbh)
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Filing 130
ORDER granting #129 motion to remove Josie Graves as counsel of record. Signed by Judge Kristine G. Baker on 5/15/2020. (jbh)
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Filing 129
MOTION to Withdraw as Attorney [removing JNG as counsel] by Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matthew)
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Filing 128
RESPONSE in Opposition re #124 MOTION for Order to Show Cause and Compel Satanic Temple to Make Court-Ordered Production of Documents filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit discovery correspondence, #2 Exhibit threat against Mr. Greaves and his parents, #3 Exhibit Memorandum from City of Little Rock Police Department noting threats against Mr. Greaves, #4 Exhibit Death threat received by Mr. Greaves, #5 Exhibit Mr. Greavess testimony that he uses a pseudonym to protect his safety)(Kezhaya, Matthew)
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Filing 127
ORDER granting #125 motion for continuance; and continuing the motion deadline and the trial date by at least 60 days and not more than 90 days. The Court will reset these dates by separate Order. Signed by Judge Kristine G. Baker on 5/11/2020. (jbh)
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Filing 126
REPLY to Response to Motion re #120 MOTION to Compel filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kezhaya, Matthew)
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Filing 125
MOTION to Continue Motion Deadline and Trial by John Thurston (Cantrell, Michael)
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Filing 124
MOTION for Order to Show Cause and Compel Satanic Temple to Make Court-Ordered Production of Documents by John Thurston (Attachments: #1 Exhibit 1 - Defs.' 1st INTs and RFPs to the Satanic Temple, #2 Exhibit 2 - Defs.' March 17 & Apr. 10 Discovery Correspondence, #3 Exhibit 3 - Satanic Temple's April 10 Suppl. Resp., #4 Exhibit 4 - Defs.' Apr 18 Discovery Letter, #5 Exhibit 5 - Defs.' 3rd RFPs to the Satanic Temple, #6 Exhibit 6 - Satanic Temple's Resp. to Defs.' 3rd RFPs, #7 Exhibit 7 - Satanic Temple Deposition Excerpts, #8 Exhibit 8 - Doug Misicko Individual Deposition Excerpts)(Cantrell, Michael)
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Filing 123
RESPONSE in Opposition re #120 MOTION to Compel filed by John Thurston. (Attachments: #1 Exhibit 1 - Defendant's April 10 Discovery Communication)(Cantrell, Michael)
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Filing 122
ORDER granting #121 agreed motion for protective order, consistent with the terms in this Order. Signed by Judge Kristine G. Baker on 4/16/2020. (jbh)
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Filing 121
MOTION for Protective Order by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit proposed order)(Kezhaya, Matthew)
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Filing 120
MOTION to Compel by Erika Robbins, Doug Misicko, Satanic Temple (Attachments: #1 Exhibit 1st disc reqs., #2 Exhibit 2nd disc reqs., #3 Exhibit email confirming extension, #4 Exhibit first responses, #5 Exhibit second responses, #6 Exhibit good faith email)(Kezhaya, Matthew)
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Filing 119
REPLY to Response to Motion re #74 MOTION to Quash MOTION for Protective Order filed by Jason Rapert. (Byrd, John)
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Filing 118
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: DEPOSITION DISPUTE HEARING held on 3/11/2020. The parties convened via telephone to discuss status and options to proceed; The parties were directed to contact the Court should they have any additional issues. (Present for Intervenor Satanic Temple: Matthew Kezhaya; Present for Defendant: Michael Cantrell) (Court Reporter Elaine Hinson) (tmw)
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Filing 117
NOTICE of Hearing: Deposition Dispute Hearing (via telephone) set for 3/11/2020 at 02:30 PM before Judge Kristine G. Baker. (tmw)
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Filing 116
ORDER taking under advisement the #74 motion to quash and for protective order filed by non-party witness State Senator Rapert, to the extent the Court has not already ruled on the motion; directing further briefing by the parties consistent with the terms of this Order; granting the #79 motion to compel production of documents directed to State Senator Rapert consistent with the terms of this Order; granting the #82 motion for leave to file memorandum in reply to response to motion to quash and for protective order filed by State Senator Rapert; directing State Senator Rapert to file his reply within 14 days from the entry of this Order; granting in part and denying in part the #93 first motion to compel responses from Satanic Temple Intervenors and enforce agreement between counsel filed by Secretary Thurston; denying as moot the #104 second motion to compel discovery from Satanic Temple Intervenors filed by Secretary Thurston; denying the Satanic Temple Intervenors' motion for attorneys' fees with respect to having to respond to the #104 motion; and granting #110 Secretary Thurston's motion for hearing. Signed by Judge Kristine G. Baker on 3/1/2020. (jbh)
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Filing 115
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 2/26/2020 re Dkt. Nos. #74 , #79 , #82 , #93 , #104 , and #110 . Court convened; After arguments from counsel, the Court took the matters under advisement. A separate written order will be entered. (Present for Plaintiffs: Andrew Schultz and Joshua Gillispie; Present for Consol Plaintiffs: James Schulze; Present for Defendant: Dylan Jacobs, Gary Sullivan, Lea Patterson, Michael Cantrell, and Vincent Wagner; Present for Satanic Temple: Josie Graves and Matthew Kezhaya) (Court Reporter Elaine Hinson) (tmw)
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Filing 114
NOTICE OF DOCKET CORRECTION re #113 Notice of Hearing. CORRECTION: The original document was attached in error (incomplete image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #113 and is attached hereto for service on the parties. (jak)
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Filing 113
NOTICE setting a conference with the parties via telephone on Wednesday, 02/26/2020, at 3:00 p.m. (ajt) (Additional attachment(s) added on 2/24/2020: #1 Main Document - Correct) (jak).
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Filing 112
NOTICE by John Thurston re #104 Second MOTION to Compel Discovery from Satanic Temple Intervenors (Cantrell, Michael)
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NOTICE OF DOCKET CORRECTION re #111 Notice of Appearance. CORRECTION: The docket text was modified to correct the attorney entering appearance as Josie N. Graves as marked on the document. (jak)
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Filing 111
NOTICE of Appearance by Josie N. Graves on behalf of Erika Robbins, Doug Misicko, Satanic Temple (Kezhaya, Matthew) (Docket text modified on 2/24/2020 to correct the attorney entering appearance) (jak)
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Filing 110
MOTION for Hearing re #104 Second MOTION to Compel Discovery from Satanic Temple Intervenors, #93 First MOTION to Compel Responses from Intervenors and Enforce Agreement Between Counsel by John Thurston (Cantrell, Michael)
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Filing 109
REPLY to Response to Motion re #104 Second MOTION to Compel Discovery from Satanic Temple Intervenors filed by John Thurston. (Cantrell, Michael)
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Filing 108
ORDER denying as moot #54 Mr. Thurston's motion to quash subpoenas. Signed by Judge Kristine G. Baker on 2/11/2020. (kdr)
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Filing 107
AMENDED FINAL SCHEDULING ORDER: Bench Trial set for sometime during the week of 7/13/2020 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Discovery due by 4/29/2020; Motions due by 5/14/2020; Pretrial Disclosure Sheet due by 6/22/2020; Status Report due by 5/14/2020. Signed at the direction of the Court on 02/10/2020. (tmw)
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Filing 106
RESPONSE in Opposition re #104 Second MOTION to Compel Discovery from Satanic Temple Intervenors filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit service correspondence, #2 Exhibit good faith effort to confer)(Kezhaya, Matthew)
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Filing 105
BRIEF IN SUPPORT re #104 Motion to Compel, filed by John Thurston. (Cantrell, Michael)
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Filing 104
Second MOTION to Compel Discovery from Satanic Temple Intervenors by John Thurston (Attachments: #1 Exhibit A - 2nd Requests for Production, #2 Exhibit B - Intervenors' Objections, #3 Exhibit C - Defendant's January 15, 2020 Letter)(Cantrell, Michael)
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Filing 103
ORDER granting #96 Mr. Thurston's motion for extension to complete discovery; and granting #102 the parties' joint motion to move case to non-jury docket. The Court will enter an amended final scheduling order that continues the trial date and extends pretrial deadlines in accord with Mr. Thurston's motion. When the Court enters the amended final scheduling order, this case will be set for a bench trial. Signed by Judge Kristine G. Baker on 1/3/2020. (jbh)
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Filing 102
Joint MOTION to Amend/Correct Final Scheduling Order by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell (Burnett, John)
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Filing 101
ADDENDUM filed by John Thurston to #96 Motion for Extension of Time to Complete Discovery. SUPPLEMENT IN SUPPORT OF NOW-UNOPPOSED MOTION (Cantrell, Michael)
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Filing 100
REPLY to Response to Motion re #93 First MOTION to Compel Responses from Intervenors and Enforce Agreement Between Counsel filed by John Thurston. (Cantrell, Michael)
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Filing 99
RESPONSE in Opposition re #93 First MOTION to Compel Responses from Intervenors and Enforce Agreement Between Counsel [corrected to include signature and certificate of service]] filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit Email attaching correspondence with general assembly, #2 Exhibit Email attaching everything else)(Kezhaya, Matthew)
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Filing 98
RESPONSE in Opposition re #93 First MOTION to Compel Responses from Intervenors and Enforce Agreement Between Counsel filed by Erika Robbins, Doug Misicko, Satanic Temple. (Attachments: #1 Exhibit Email attaching correspondence with general assembly, #2 Exhibit Email attaching everything else)(Kezhaya, Matthew)
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Filing 97
RESPONSE to Motion re #96 MOTION for Extension of Time to Complete Discovery and Request for Expedited Consideration filed by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart. (Attachments: #1 Exhibit email)(Schulze, James)
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Filing 96
MOTION for Extension of Time to Complete Discovery and Request for Expedited Consideration by All Defendants (Cantrell, Michael)
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Filing 95
ORDER granting #72 plaintiff Joan Dietz's motion to dismiss party. Joan Dietz is hereby dismissed without prejudice as a plaintiff from this action. Signed by Judge Kristine G. Baker on 12/05/2019. (ajt)
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Filing 94
BRIEF IN SUPPORT re #93 Motion to Compel, filed by All Defendants. (Cantrell, Michael)
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Filing 93
First MOTION to Compel Responses from Intervenors and Enforce Agreement Between Counsel by All Defendants (Attachments: #1 Exhibit A - Interrogatories and Requests for Production, #2 Exhibit B - Initial Responses, #3 Exhibit C - July 26 Letter, #4 Exhibit D - Supplemental Responses, #5 Exhibit E - October 22 Letter, #6 Exhibit F- Email Correspondence, #7 Exhibit G - Email Correspondence)(Cantrell, Michael)
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Filing 92
ANSWER to #89 Amended Complaint by John Thurston.(Cantrell, Michael)
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Filing 91
ADDENDUM filed by American Humanist Association, Arkansas Society of Freethinkers, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart to #79 Motion to Compel,. Certified Question from the Deposition of Jason Rapert Taken in Little Rock, Arkansas, September 12, 2019 (Schulze, James)
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Filing 90
ORDER granting #88 the parties' joint motion for leave to provide audio deposition of Senator Jason Rapert to court reporter; directing Mr. Schulze to release the audio of Senator Rapert's deposition to Ms. Parker for the sole purpose of making an accurate transcription of the portions of the deposition involved in the equipment failures; obligating Mr. Schulze to obtain a signed declaration ensuring Ms. Parker's compliance with the terms of the parties' agreement and this Court's Order; and extending its protective order to provide that Ms. Parker shall be responsible for maintaining the confidentiality of the deposition. Signed by Judge Kristine G. Baker on 11/5/2019. (jbh)
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NOTICE OF DOCKET CORRECTION re: #89 Amended Complaint. CORRECTION: The docket text was modified to correct the description of the document filed as "SECOND AMENDED COMPLAINT IN INTERVENTION". (thd)
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Filing 89
SECOND AMENDED COMPLAINT IN INTERVENTION against John Thurston, filed by Satanic Temple, Erika Robbins, Lucien Greaves(Kezhaya, Matthew) (Docket text modified on 11/3/2019 to correct the description of the document filed.) (thd).
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Filing 88
Joint MOTION for Discovery Motion for Leave to Provide the Audio of Deposition of Sen. Jason Rapert to Court Reporter by American Humanist Association, Arkansas Society of Freethinkers, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Gale Stewart (Schulze, James)
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Filing 87
ORDER granting #73 David A. Niose's motion to withdraw as counsel of record; and directing the Court to terminate Mr. Niose as counsel of record for plaintiffs. Signed by Judge Kristine G. Baker on 10/24/2019. (jbh)
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Filing 86
ORDER granting #67 unopposed motion for leave to file second amended complaint in intervention filed by intervenor plaintiffs the Satanic Temple; and directing the Satanic Temple to file its proposed amended complaint within ten days from the entry of this Order. Signed by Judge Kristine G. Baker on 10/22/2019. (jbh)
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Filing 85
FINAL SCHEDULING ORDER: Jury Trial set for sometime during the week of 3/16/2020 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Discovery due by 1/13/2020; Motions due by 2/3/2020; Pretrial Disclosure Sheet due by 2/24/2020; Status Report due by 1/16/2020. Signed at the direction of the Court on 10/15/2019. (tmw)
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Filing 84
RESPONSE in Opposition re #79 MOTION to Compel Production of Documents directed to Sen. Jason Rapert filed by Jason Rapert. (Attachments: #1 Exhibit GoFundMe Donors)(Byrd, John)
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NOTICE OF DOCKET CORRECTION re #83 Report of Rule 26(f) Planning Meeting. CORRECTION: The docket text was modified to correct the description of the document filed as "AMENDED REPORT of Rule 26(f) Planning Meeting" as marked on the document. (jak)
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Filing 83
AMENDED REPORT of Rule 26(f) Planning Meeting by American Humanist Association, Arkansas Society of Freethinkers, Donna Cave, Joan Dietz, Erika Robbins, Freedom From Religion Foundation Inc, Teresa Grider, Judith Lansky, Eugene Levy, Lucien Greaves, Victor H Nixon, Anne Orsi, Pat Piazza, Jason Rapert, Walter Riddick, Susan Russell, Satanic Temple, Gale Stewart. (Burnett, John)(Docket text modified on 10/2/2019 to correct the description of the document filed) (jak)
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Filing 82
MOTION for Leave to File Memorandum in Reply to Response to Motion to Quash and for Protective Order by Jason Rapert (Attachments: #1 Exhibit Memorandum In Reply to Response to Motion to Quash and for PO, #2 Exhibit Exhibit 1 to Memo in Reply, #3 Exhibit Exhibit 2 to Memo in Reply, #4 Exhibit Exhibit 3 to Memo in Reply)(Byrd, John)
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NOTICE OF DOCKET CORRECTION #79 MOTION to Compel and #80 Brief in Support. CORRECTION: The docket entries were modified to correct the party filers as American Humanist Association, Arkansas Society of Freethinkers, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart, and Freedom From Religion Foundation Inc. (jak)
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Filing 81
BRIEF IN SUPPORT re #75 Response in Opposition to Motion to Quash filed by American Humanist Association, Arkansas Society of Freethinkers, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Schulze, James)
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Filing 80
BRIEF IN SUPPORT re #79 Motion to Compel, Production of Documents directed to Sen. Jason Rapert filed by American Humanist Association, Arkansas Society of Freethinkers, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart, and Freedom From Religion Foundation Inc. (Schulze, James)(Docket text modified on 9/24/2019 to correct the party filers) (jak)
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Filing 79
MOTION to Compel Production of Documents directed to Sen. Jason Rapert by American Humanist Association, Arkansas Society of Freethinkers, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Gale Stewart, and Freedom From Religion Foundation Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schulze, James) (Docket text modified on 9/24/2019 to correct the party filers) (jak)
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Filing 78
ORDER on #74 motion to quash and for protective order finding Senator Rapert's deposition will proceed as subpoenaed as set forth in this Order; granting a temporary protective order, consistent with this Order's terms; and taking under advisement #74 Senator Rapert's motion. Signed by Judge Kristine G. Baker on 9/11/2019. (jbh)
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Filing 77
RESPONSE in Support re #74 MOTION to Quash MOTION for Protective Order filed by John Thurston. (Attachments: #1 Exhibit A)(Jacobs, Dylan)
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Filing 76
RESPONSE in Opposition re #74 MOTION to Quash MOTION for Protective Order filed by Erika Robbins, Lucien Greaves, Satanic Temple. (Attachments: #1 Exhibit post-intervention facebook post, #2 Exhibit post-service facebook post, #3 Exhibit twitter posts about 10C, #4 Exhibit twitter posts about TST)(Kezhaya, Matthew)
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Filing 75
RESPONSE in Opposition re #74 MOTION to Quash MOTION for Protective Order filed by American Humanist Association. (Schulze, James)
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Filing 74
MOTION to Quash, and for Protective Order filed by Non-Party Witness Senator Jason Rapert (jap)
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Filing 73
MOTION to Withdraw as Attorney by David Niose by Anne Orsi (Schulze, James)
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Filing 72
MOTION to Dismiss Party Joan Dietz by Joan Dietz (Schulze, James)
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Filing 71
SUGGESTION OF DEATH Upon the Record as to Walter Riddick by Walter Riddick (Schulze, James)
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Filing 70
REPORT of Rule 26(f) Planning Meeting by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. (Schultz, Andrew)
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Filing 69
NOTICE of Appearance by Vincent Moore Wagner on behalf of All Defendants (Wagner, Vincent)
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Filing 68
RESPONSE to Motion re #67 MOTION to Amend/Correct #40 Amended Complaint MOTION for Leave to File second amended complaint in intervention filed by John Thurston. (Cantrell, Michael)
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Filing 67
MOTION to Amend/Correct #40 Amended Complaint , MOTION for Leave to File second amended complaint in intervention () by Erika Robbins, Lucien Greaves, Satanic Temple (Attachments: #1 Document TST's proposed second amended complaint in intervention)(Kezhaya, Matthew)
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Filing 66
STATUS REPORT Joint Status Report by John Thurston. (Cantrell, Michael)
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Filing 65
REPLY to Response to Motion re #54 MOTION to Quash Subpoenas filed by John Thurston. (Cantrell, Michael)
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Filing 64
REPLY to Response to Motion re #46 MOTION to Stay MOTION FOR TEMPORARY STAY PENDING SUPREME COURT DECISION filed by John Thurston. (Cantrell, Michael)
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Filing 63
AMENDED INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 6/6/2019; Rule 26(f) Report due by 6/20/2019; Jury Trial set for sometime during the week of 12/2/2019 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 05/13/2019. (tmw)
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Filing 62
ORDER granting #53 , #61 Mr. Thurston's two pending motions for leave to file reply briefs; directing Mr. Thurston to file his proposed replies within 10 days from the entry of this Order; denying #46 Mr. Thurston's motion for temporary stay; and directing the parties to inform the Court in writing within 10 days from the entry of this Order whether the depositions of Mr. Boyd and Ms. Moody will be or have been rescheduled by agreement. Signed by Judge Kristine G. Baker on 5/10/2019. (cmn)
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Filing 61
MOTION for Leave to File a Reply in Support of Motion to Quash by John Thurston (Attachments: #1 Document Reply in Support of Motion to Quash, #2 Exhibit A - Declaration of Kelly Boyd, #3 Exhibit B - Declaration of Kerry Jucas Moody)(Cantrell, Michael)
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Filing 60
RETURN OF SERVICE upon Kelly Boyd re Deposition onMarch 13, 2019. (Gillispie, Joshua)
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Filing 59
RETURN OF SERVICE upon Kerry Jucas Moody re Deposition onMarch 14, 2019. (Gillispie, Joshua)
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NOTICE OF DOCKET CORRECTION re #56 Response. CORRECTION: The docket text was modified to correct the party filers. (jak)
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Filing 58
RESPONSE in Opposition re #54 MOTION to Quash Subpoenas filed by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. (Attachments: #1 Exhibit 1 -- Hearing Transcript, #2 Exhibit 2 -- Email Exchange, #3 Exhibit 3 -- Email Exchange)(Schultz, Andrew)
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Filing 57
BRIEF IN SUPPORT re #56 Response to Motion, filed by Orsi Plaintiffs filed by American Humanist Association, Arkansas Society of Freethinkers, Joan Dietz, Teresa Grider, Eugene Levy, Victor H Nixon, Anne Orsi, Walter Riddick, Gale Stewart. (Schulze, James)
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Filing 56
RESPONSE to Motion re #54 MOTION to Quash Subpoenas of Orsi Plaintiffs filed by American Humanist Association, Arkansas Society of Freethinkers, Joan Dietz, Freedom From Religion Foundation Inc, Teresa Grider, Eugene Levy, Anne Orsi, Walter Riddick, Gale Stewart. (Attachments: #1 Exhibit Exhibit 1, email, #2 Exhibit Exhibit 2, Responses to Requests for Admission)(Schulze, James)(Docket text modified on 3/7/2019 to correct the party filers)(jak)
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Filing 55
BRIEF IN SUPPORT re #54 Motion to Quash Subpoenas filed by John Thurston. (Cantrell, Michael)
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Filing 54
MOTION to Quash Subpoenas by John Thurston (Attachments: #1 Exhibit A - Subpoena of Kelly Boyd, #2 Exhibit B - Subpoena of Kerry Jucas Moody)(Cantrell, Michael)
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Filing 53
MOTION for Leave to File Reply Brief by John Thurston (Attachments: #1 Document Reply in Support of Defendant's Motion for a Temporary Stay, #2 Exhibit A - Email from Satanic Temple Intervenors, #3 Exhibit B - Email from Orsi Plaintiffs)(Cantrell, Michael)
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NOTICE OF DOCKET CORRECTION re #51 Response and #52 Brief in Support. CORRECTION: The docket texts were modified to correct the party filers as Anne Orsi, Eugene Levy, Joan Dietz, Gale Stewart, Teresa Grider, Walter Riddick, Arkansas Society of Freethinkers, American Humanist Association, and the Freedom from Religion Foundation as marked on the documents.(jak)
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Filing 52
BRIEF IN SUPPORT re #51 Response in Opposition to Motion,, filed by American Humanist Association, Anne Orsi, Eugene Levy, Joan Dietz, Gale Stewart, Teresa Grider, Walter Riddick, Arkansas Society of Freethinkers, and the Freedom from Religion Foundation. (Schulze, James) (Docket text modified on 2/4/2019 to correct the party filers) (jak)
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Filing 51
RESPONSE in Opposition re #46 MOTION to Stay filed by American Humanist Association. Anne Orse, Eugene Levy, Joan Dietz, Gale Stewart, Teresa Grider, Walter Riddick, Arkansas Society of Freethinkers, and the Freedom from Religion Foundation. (Attachments: #1 Exhibit Exhibit A Public Comment from Proponent of Monument, #2 Exhibit Exhibit B Statement of Sen. Jason Rapert, #3 Exhibit Exhibit C Post from Facebook Page of AHHF, #4 Exhibit Exhibit D Petition for Certiorari of Commission, #5 Exhibit Exhibit E Petition for Certiorari of American Legion)(Schulze, James) (Docket text modified on 2/4/2019 to correct the party filers) (jak)
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Filing 50
RESPONSE in Opposition re #46 MOTION to Stay MOTION FOR TEMPORARY STAY PENDING SUPREME COURT DECISION filed by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schultz, Andrew)
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Filing 49
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: SCHEDULING CONFERENCE held on 1/25/2019. Court convened via telephone; After arguments from counsel, the Court took the matter under advisement; A written order will be entered. (Present for plaintiffs: Andrew Schultz, John Burnett, Melanie Stambaugh; Present for consolidated plaintiffs: James Schulze; Present for defendant: Nicholas Bronni, Hiram Sasser, Lea Patterson, Michael Berry, Michael Cantrell; Present for Intervenors: Matthew Kezhaya, Stuart Haan) (Court Reporter Elaine Hinson) (tmw)
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Filing 48
ORDER substituting John Thurston for Mark Martin as his successor as Secretary of State; and granting #42 , #45 motions to substitute attorneys William C. Bird III and Gary L. Sullivan as counsel of record for defendant John Thurston. Attorneys A. J. Kelly and LaKesia Rhea Morrison terminated. Signed by Judge Kristine G. Baker on 1/24/2019. (jbh)
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Filing 47
BRIEF IN SUPPORT re #46 Motion to Stay filed by All Defendants. (Cantrell, Michael)
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Filing 46
MOTION to Stay MOTION FOR TEMPORARY STAY PENDING SUPREME COURT DECISION by All Defendants (Cantrell, Michael)
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Filing 45
MOTION to Substitute Attorney by Mark Martin (Sullivan, Gary)
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Filing 44
NOTICE of Appearance by Gary L. Sullivan on behalf of Mark Martin (Sullivan, Gary)
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Filing 43
ANSWER to #40 Amended Complaint with Jury Demand by Mark Martin.(Cantrell, Michael)
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Filing 42
MOTION to Substitute Attorney by Mark Martin (Bird, William)
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Filing 41
ORDER: The Court will conduct a Federal Rule of Civil Procedure 16(b) conference with the parties via telephone in this matter on Friday, 1/25/2019, at 10:00 a.m. C.T. Signed by Judge Kristine G. Baker on 1/2/2019. (cmn)
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Filing 40
AMENDED COMPLAINT (proposed amended complaint in intervention) with Jury Demand against All Defendants, filed by Satanic Temple, Erika Robbins, Lucien Greaves(Kezhaya, Matthew)
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Filing 39
ORDER granting #22 motion to admit Mr. De Haan pro hac vice. Signed by Judge Kristine G. Baker on 12/17/2018. (cmn)
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Filing 38
ORDER granting #25 proposed intervenor's amended motion to intervene; denying as moot #17 original motion to intervene; and directing the proposed intervenors to file their proposed amended complaint in intervention within 7 days from the entry of this Order. Signed by Judge Kristine G. Baker on 12/17/2018. (cmn)
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Filing 37
NOTICE of Appearance by LaKesia Rhea Morrison on behalf of Mark Martin (Morrison, LaKesia)
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Filing 36
NOTICE of Appearance by Lea Elyse Patterson on behalf of Mark Martin (Patterson, Lea)
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Filing 35
CERTIFICATE OF SERVICE by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell of Plaintiff Donna Cave's First Set of Interrogatories and First Set of Requests for Production to Defendant Mark Martin (Schultz, Andrew)
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Filing 34
CERTIFICATE of Counsel Certificate of Service of Initial Disclosures by James Gerard Schulze on behalf of Anne Orsi (Schulze, James)
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Filing 33
CERTIFICATE OF SERVICE by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell re Cave Plaintiffs' Rule 26(a)(1) Initial Disclosures (Schultz, Andrew)
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Filing 32
REPORT of Rule 26(f) Planning Meeting by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. on behalf of all parties (Schultz, Andrew)
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Filing 31
NOTICE by Anne Orsi et al (Schulze, James)
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Filing 30
REPLY to Response to Motion re #25 First MOTION to Amend/Correct #17 MOTION to Intervene and complaint in intervention filed by Erika Robbins, Lucien Greaves, Satanic Temple. (Kezhaya, Matthew)
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Filing 29
RESPONSE in Opposition re #25 First MOTION to Amend/Correct #17 MOTION to Intervene filed by Mark Martin. (Attachments: #1 Exhibit L - "Rapert's Posture," Arkansas Times)(Cantrell, Michael)
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Filing 28
ANSWER to #20 Amended Complaint with Jury Demand by Mark Martin.(Cantrell, Michael)
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NOTICE OF DOCKET CORRECTION re #26 and #27 Reply to Response to Motions. CORRECTION: The docket text for docket entry #26 was modified to correct the linkage to #23 Response. The docket text for docket entry #27 was modified to correct the linkage to #24 Response. (jak)
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Filing 27
REPLY to #24 Response to #17 Motion to Intervene filed by Erika Robbins, Lucien Greaves, Satanic Temple. (Kezhaya, Matthew) (Docket text modified on 8/3/2018 to correct the linkage)(jak)
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Filing 26
REPLY to #23 Response to #17 Motion to Intervene filed by Erika Robbins, Lucien Greaves, Satanic Temple. (Kezhaya, Matthew) (Docket text modified on 8/3/2018 to correct the linkage)(jak)
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Filing 25
First MOTION to Amend/Correct #17 MOTION to Intervene by Erika Robbins, Lucien Greaves, Satanic Temple (Attachments: #1 Exhibit amended complaint in intervention)(Kezhaya, Matthew)
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Filing 24
RESPONSE in Opposition re #17 MOTION to Intervene filed by Mark Martin. (Attachments: #1 Exhibit A - A Mischievous Thorn in the Side of Conservative Christianity, #2 Exhibit B - Satanic Temple Cries Foul over Twitter Treatment, #3 Exhibit C - Lucien Greaves of the Satanic Temple, #4 Exhibit D - Satanic Temple Archived Webpage, #5 Exhibit E - Church of Satan's Satanic Temple Fact Sheet, #6 Exhibit F - Trolling Hell Is the Satanic Temple a Prank, #7 Exhibit G - The Satanic Temple Articles of Organization, #8 Exhibit H - You Hear the One About the Pro-Scott Satanic Cult, #9 Exhibit I - Unmasking Lucien Greaves, #10 Exhibit J - Lucien Greaves Twitter Screen Capture, #11 Exhibit K - The Satanic Temple is Fighting for Your Liberty)(Cantrell, Michael)
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Filing 23
RESPONSE in Opposition re #17 MOTION to Intervene filed by Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. (Schultz, Andrew)
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Filing 22
MOTION for Leave to Appear pro hac vice by Stuart P. de Haan. Fee $100 receipt number 0860-3287061. Filed by Erika Robbins, Lucien Greaves, Satanic Temple (Attachments: #1 Exhibit Personal history statement, #2 Exhibit ECF registration form, #3 Exhibit Certificate of good standing)(Kezhaya, Matthew)
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Filing 21
ORDER granting #19 motion to withdraw Lee Rudofsky as counsel of record for defendant Mark Martin, Arkansas Secretary of State, in his official capacity; and directing the Clerk to terminate Mr. Rudofsky as counsel of record for Mr. Smith. Signed by Judge Kristine G. Baker on 7/24/2018. (cmn)
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Filing 20
AMENDED COMPLAINT for Declaratory and Injunctive Relief against Mark Martin, filed by Pat Piazza, Donna Cave, Susan Russell, Judith Lansky(Schultz, Andrew)
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Filing 19
MOTION to Withdraw as Attorney Motion to withdraw Lee Rudofsky as attorney by All Defendants (Jacobs, Dylan)
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Filing 18
NOTICE of Appearance by A. J. Kelly on behalf of All Defendants (Kelly, A.)
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Filing 17
MOTION to Intervene by The Satanic Temple, Lucien Greaves, and Erika Robbins. (Attachments: Exhibit: Complaint in Intervention) (scw)
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Filing 16
NOTICE of Appearance by Michael D. Berry on behalf of Mark Martin (Berry, Michael)
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Filing 15
NOTICE of Appearance by Hiram S. Sasser, III on behalf of Mark Martin (Sasser, Hiram)
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Filing 14
ORDER granting #11 joint motion to consolidate. The present case and Anne Orsi, et al. v. Mark Martin, Case No. 4:18-cv-00343-JM, are consolidated. All parties are directed to make filings only in the present case. Signed by Judge Kristine G. Baker on 6/25/2018. (cmn)
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Filing 13
ORDER granting #3 , #4 motions to admit Mr. Schultz and Ms. Stambaugh pro hac vice. Mr. Schultz and Ms. Stambaugh shall appear as counsel for plaintiffs. Signed by Judge Kristine G. Baker on 6/25/2018. (cmn)
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Filing 12
BRIEF IN SUPPORT re #11 Motion to Consolidate Cases filed by All Plaintiffs. (Burnett, John)
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Filing 11
Joint MOTION to Consolidate Cases by All Plaintiffs (Burnett, John)
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Filing 10
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 8/13/2018; Rule 26(f) Report due by 8/27/2018; Jury Trial set for sometime during the week of 6/10/2019 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 06/14/2018. (tmw)
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Filing 9
ANSWER to #1 Complaint, with Jury Demand by Mark Martin.(Cantrell, Michael)
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Filing 8
NOTICE of Appearance by Michael Cantrell on behalf of Mark Martin (Cantrell, Michael)
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Filing 7
NOTICE of Appearance by Lee Rudofsky on behalf of Mark Martin (Rudofsky, Lee)
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Filing 6
NOTICE of Appearance by Nicholas Jacob Bronni on behalf of Mark Martin (Bronni, Nicholas)
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Filing 5
NOTICE of Appearance by Dylan L. Jacobs on behalf of Mark Martin (Jacobs, Dylan)
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Filing 4
MOTION for Leave to Appear pro hac vice by Melanie B Stambaugh. Fee $100 receipt number 0860-3254604. Filed by All Plaintiffs (Attachments: #1 Affidavit)(Burnett, John)
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Filing 3
MOTION for Leave to Appear pro hac vice by Andrew G Schultz. Fee $100 receipt number 0860-3254599. Filed by All Plaintiffs (Attachments: #1 Affidavit)(Burnett, John)
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Filing 2
NOTICE of Appearance by John L. Burnett on behalf of Donna Cave, Judith Lansky, Pat Piazza, Susan Russell. (cmn)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Judith Lansky, Pat Piazza, Donna Cave, Susan Russell against Mark Martin. Fee $400. Receipt Number LIT067194. Summons issued and returned to counsel for service. (Attachments: #1 Civil Cover Sheet)(cmn)
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