Reyes et al v. Bayne et al
| Refugio Reyes, Juan Reyes, Francisco Ruiz, Efren Montano, J Carmen Cano Diaz, Javier Valadez and Alvaro Cano Diaz |
| Carl Bayne, David Pake and David Greenbaum |
| 4:2021cv00334 |
| April 23, 2021 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
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Filing 29
ORDER denying #2 Motion for Preliminary Injunction; granting in part, denying in part, and holding in abeyance in part #6 Motion to Dismiss. Defendants' Motion to Dismiss is granted to the extent that the Court will abstain under Younger as to the claims set forth in Section II of this Order. However, the Court will stay those claims instead of dismissing them. As to all of the other claims in the Complaint, the Court will address those claims in a subsequent order that analyzes and resolves the Defendants' recently-filed Motion to Dismiss the Amended Complaint. The Court will wait to do so under briefing on that Motion is complete. Signed by Judge Lee P. Rudofsky on 06/21/2021. (ajt)
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| Filing 28 BRIEF IN SUPPORT re #27 Motion to Dismiss for Failure to State a Claim, Notice of Docket Correction, filed by Carl Bayne, David Greenbaum, David Pake. (Mosley, Michael) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss () by Carl Bayne, David Greenbaum, David Pake (Mosley, Michael) |
| Filing 26 RESPONSE to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Response to Defendants' Motion to Dismiss filed by All Plaintiffs. (Vandiver, Brian) |
| NOTICE OF DOCKET CORRECTION re #25 Amended Complaint. CORRECTION: The docket text was modified to correct the parties and description as "First AMENDED COMPLAINT for Injunctive, Declaratory, and Other Relief with Jury Demand against All Defendants..." as indicated on the document. (cmn) |
| Filing 25 First AMENDED COMPLAINT for Injunctive, Declaratory, and Other Relief with Jury Demand against All Defendants, filed by Efren Montano, Juan Reyes, Javier Valadez, J Carmen Cano Diaz, Refugio Reyes, Alvaro Cano Diaz, Francisco Ruiz(Vandiver, Brian) (Docket text modified on 6/2/2021 to correct parties and description.)(cmn) |
| Filing 24 BRIEF IN SUPPORT re #22 Notice (Other) Plaintiffs' Response to Defendants' Supplemental Brief filed by All Plaintiffs. (Vandiver, Brian) |
| Filing 23 RESPONSE to Motion re #2 MOTION for Preliminary Injunction Response to Supplement filed by Carl Bayne, David Greenbaum, David Pake. (Mosley, Michael) |
| Filing 22 NOTICE by Carl Bayne, David Greenbaum, David Pake re #8 Response to Motion, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Supplemental Brief (Mosley, Michael) |
| Filing 21 BRIEF IN SUPPORT re #2 Motion for Preliminary Injunction Plaintiffs' Supplemental Brief in Support of Plaintiffs' Motion for Preliminary Injunction filed by All Plaintiffs. (Vandiver, Brian) |
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Filing 20
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #19 Motion to Extend Time to File Response re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by Wednesday, June 2, 2021. Signed by Judge Lee P. Rudofsky on 5/26/2021. (hml)
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| Filing 19 MOTION to Extend Time , MOTION for Extension of Time to File Response/Reply as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction () by All Plaintiffs (Vandiver, Brian) |
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #12 Motion to Strike pursuant to 17 Motion Hearing. Signed by Judge Lee P. Rudofsky on 5/25/2021. (hml)
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| Filing 17 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky: Motion Hearing held on 5/25/2021 re #2 MOTION for Preliminary Injunction. After hearing testimony from witnesses and argument from the attorneys, the Court took the issue under advisement. The parties may file supplemental briefs by Friday, May 28, 2021 and file responses to the supplemental briefs by Tuesday, June 1, 2021. (Plaintiff: Brian Vandiver; Defendants: Michael Mosley and Kesia Morrison; Court Reporter: Suzanne McKennon.) (hml) |
| Filing 16 NOTICE of Appearance by Kesia Morrison on behalf of Carl Bayne, David Greenbaum, David Pake (Morrison, Kesia) |
| Filing 15 SUMMONS Returned Executed by Efren Montano, Juan Reyes, Javier Valadez, J Carmen Cano Diaz, Refugio Reyes, Alvaro Cano Diaz, Francisco Ruiz. David Pake served on 5/19/2021. (Vandiver, Brian) |
| Filing 14 SUMMONS Returned Executed by Efren Montano, Juan Reyes, Javier Valadez, J Carmen Cano Diaz, Refugio Reyes, Alvaro Cano Diaz, Francisco Ruiz. David Greenbaum served on 5/19/2021. (Vandiver, Brian) |
| Filing 13 SUMMONS Returned Executed by Efren Montano, Juan Reyes, Javier Valadez, J Carmen Cano Diaz, Refugio Reyes, Alvaro Cano Diaz, Francisco Ruiz. Carl Bayne served on 5/19/2021. (Vandiver, Brian) |
| Summons Issued as to Carl Bayne, David Greenbaum, David Pake and returned to counsel for plaintiffs. (jap) |
| Filing 12 MOTION to Strike #11 Reply to Response to Motion and Incorporated Brief by Carl Bayne, David Greenbaum, David Pake (Attachments: #1 Exhibit A- Email)(Mosley, Michael) |
| Filing 11 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by All Plaintiffs. (Vandiver, Brian) |
| Filing 10 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on #2 MOTION for Preliminary Injunction: Motion Hearing set for 5/25/2021 at 10:00 AM in Little Rock, Arkansas Courtroom #2A before Judge Lee P. Rudofsky. (hml) |
| NOTICE OF DOCKET CORRECTION re #5 Notice of Appearance. CORRECTION: The docket text was modified to indicate the document was filed in error. The correct document was filed as docket entry #9 Notice of Appearance. (jak) |
| Filing 9 NOTICE of Appearance by Michael Allen Mosley on behalf of Carl Bayne, David Greenbaum, David Pake (Mosley, Michael) |
| Filing 8 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Carl Bayne, David Greenbaum, David Pake. (Mosley, Michael) |
| Filing 7 BRIEF IN SUPPORT re #6 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, filed by Carl Bayne, David Greenbaum, David Pake. (Mosley, Michael) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction () by Carl Bayne, David Greenbaum, David Pake (Attachments: #1 Exhibit A - Letter from Plaintiff Counsel, #2 Exhibit B - Declaration of Carl Bayne)(Mosley, Michael) |
| Filing 5 DOCKET ENTRY FILED IN ERROR - DISREGARD (Mosley, Michael)(Docket text modified on 5/12/2021 to indicate the document was filed in error)(jak) |
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Filing 4
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Defendants must respond to the #2 Motion for Preliminary Injunction on or before May 13, 2021. Plaintiffs must file a reply on or before May 18, 2021. A preliminary injunction hearing will be held the last week of May 2021. Signed by Judge Lee P. Rudofsky on 5/3/2021. (hml)
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| Filing 3 BRIEF IN SUPPORT re #2 Motion for Preliminary Injunction filed by All Plaintiffs. (Vandiver, Brian) |
| Filing 2 MOTION for Preliminary Injunction by All Plaintiffs (Vandiver, Brian) |
| Filing 1 CLASS ACTION COMPLAINT FOR INJUNCTIVE, DECLARATORY, AND OTHER RELIEF with Jury Demand against All Defendants filed by Efren Montano, Juan Reyes, Javier Valadez, J Carmen Cano Diaz, Refugio Reyes, Alvaro Cano Diaz, Francisco Ruiz. (Fee $402 paid. Receipt Number LIT081808.) No summons issued. (Attachments: #1 Civil Cover Sheet)(ajt) |
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