Peaks at Little Rock Limited Partnership et al v. Little Rock, City of et al
Plaintiff: Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II LImited Partnership, Richsmith Holdings LLC and Ridge Construction LLC
Defendant: Little Rock, City of, Frank Scott, Jr, City of Little Rock Department of Planning & Development, Jamie Collins, Little Rock Department of Planning & Development, City of, Doris Wright and Little Rock Construction Board of Adjustment and Appeals, City of
Case Number: 4:2021cv01093
Filed: November 15, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Billy Roy Wilson
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2021 Filing 33 ANSWER to #26 Amended Complaint with Jury Demand by Jamie Collins, Little Rock Construction Board of Adjustment and Appeals, City of, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr, Doris Wright. (Attachments: #1 Exhibit, #2 Exhibit)(Overton, Shawn)
December 22, 2021 Filing 32 NOTICE of Hearing on #6 and #23 Amended Motion for Preliminary Injunction and Temporary Restraining Order: Hearing set for 1/20/2022 at 2:00 PM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. (mmb)
December 21, 2021 Opinion or Order Filing 31 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #30 Motion to Continue. The Preliminary Injunction hearing set for 12/22/21 is cancelled and will be reset for a later date. Signed by Judge Billy Roy Wilson on 12/21/21. (mmb)
December 17, 2021 Filing 30 Joint MOTION to Continue of December 22, 2021 Preliminary Injunction Hearing by Jamie Collins, Little Rock Construction Board of Adjustment and Appeals, City of, Little Rock Department of Planning & Development, City of, Little Rock, City of (Overton, Shawn)
December 14, 2021 Filing 29 NOTICE of Hearing on Motion #23 Amended MOTION for Preliminary Injunction and Temporary Restraining Order: Motion Hearing set for 12/22/2021 at 2:00 PM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. (mmb)
December 14, 2021 Opinion or Order Filing 28 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #19 Defendants' Motion to Dismiss. Signed by Judge Billy Roy Wilson on 12/14/21. (dmm)
December 13, 2021 Filing 27 EXHIBIT 8 - Flash Drive-password protected (Video file) filed by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC to #23 Motion for Preliminary Injunction. [Exhibit 8 (1 flash drive) maintained in the Clerk's Office file] (jap)
December 13, 2021 Filing 26 AMENDED Verified COMPLAINT with Jury Demand against All Defendants filed by All Plaintiffs. Summons issued as to Doris Wright, Little Rock Construction Board of Adjustment and Appeals, City of, and returned to counsel for service. (fjg)
December 13, 2021 Filing 25 RESPONSE in Opposition re #19 MOTION to Dismiss Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss Plaintiffs' Complaint filed by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC. (Wyatt, Thomas)
December 13, 2021 Filing 24 BRIEF IN SUPPORT re #23 Motion for Preliminary Injunction,,, Plaintiffs' Brief in Support of Amended Motion for Preliminary Injunction and Temporary Restraining Order filed by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC. (Wyatt, Thomas)
December 13, 2021 Filing 23 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion for Preliminary Injunction and Temporary Restraining Order by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC (Attachments: #1 Exhibit EX 1 - Ordinance No. 21,012, #2 Exhibit EX 2 - Outline of Zoning Classifications, #3 Exhibit EX 3 - Feb 2019 Zoning Ltr, #4 Exhibit EX 4 - Bldg Permits, #5 Exhibit EX 5 - Bldg Plans, #6 Exhibit EX 6 - Feb 2021 Zoning Certification, #7 Exhibit EX 7 - April 2021 Zoning Certification, #8 Exhibit EX 8 - Placeholder (video file), #9 Exhibit EX 9 - Oct 26 Email to Bruce Moore et al, #10 Exhibit EX 10 - Nov 10 Letter, #11 Exhibit EX 11 - March 2015 Letter, #12 Exhibit EX 12 - Affidavit RichSmith Holdings, #13 Exhibit EX 13 - Collins Ltr to Mayor, #14 Exhibit EX 14 - Affidavit Ridge Construction)(Wyatt, Thomas)
December 9, 2021 Opinion or Order Filing 22 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: By noon, Monday, December 13, 2021, Plaintiffs must file a response to Defendants' motion to dismiss #19 . Plaintiffs may also file a reply on the TRO motion. Case law on controlling permits, expiration of permits, exhaustion, etc. is appreciated. Signed by Judge Billy Roy Wilson on 12/09/21. (dmm)
December 8, 2021 Filing 21 RESPONSE to Motion re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Jamie Collins, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Overton, Shawn)
December 8, 2021 Filing 20 BRIEF IN SUPPORT re #19 Motion to Dismiss filed by Jamie Collins, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr. (Overton, Shawn)
December 8, 2021 Filing 19 MOTION to Dismiss by Jamie Collins, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Overton, Shawn)
December 7, 2021 Opinion or Order Filing 18 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #15 Defendants' Motion for Extension of Time. Defendants' answer or responsive pleading and response to the Motion for TRO #6 must be filed by noon, Thursday, December 9, 2021. Signed by Judge Billy Roy Wilson on 12/07/21. (dmm)
December 6, 2021 Filing 17 RESPONSE to Motion re #15 MOTION for Extension of Time to File Response/Reply filed by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership. (Wyatt, Thomas)
December 2, 2021 Opinion or Order Filing 16 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiffs are directed to response to Defendant's Motion for Extension of Time by noon, Monday, December 6, 2021. Signed by Judge Billy Roy Wilson on 12/02/21. (dmm)
December 2, 2021 Filing 15 MOTION for Extension of Time to File Response/Reply by Jamie Collins, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr (Overton, Shawn)
December 2, 2021 Opinion or Order Filing 14 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying, without prejudice, #13 Defendants' Motion for Extension of Time because it fails to comply with Local Rule 6.2(b). Signed by Judge Billy Roy Wilson on 12/02/21. (dmm)
December 2, 2021 Filing 13 MOTION for Extension of Time to File Response/Reply by Jamie Collins, Little Rock Department of Planning & Development, City of, Little Rock, City of, Frank Scott, Jr (Overton, Shawn)
December 2, 2021 Filing 12 NOTICE of Appearance by Shawn Adrian Overton on behalf of All Defendants (Overton, Shawn)
December 1, 2021 Filing 11 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 2/8/2022. Rule 26(f) Report due by 2/22/2022. Jury Trial set for 1/3/2023 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson.Entered at the direction of the Court on 12/1/21. (mmb)
December 1, 2021 Filing 10 NOTICE of Appearance by Thomas M. Carpenter on behalf of All Defendants (Carpenter, Thomas)
December 1, 2021 Filing 9 NOTICE of Appearance by Alexander J. Betton on behalf of All Defendants (Betton, Alexander)
November 22, 2021 Filing 8 REQUEST for Hearing Request by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC. (Wyatt, Thomas)
November 22, 2021 Filing 7 BRIEF IN SUPPORT re #6 Motion for Preliminary Injunction,,, Motion for TRO,, filed by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC. (Wyatt, Thomas)
November 22, 2021 Filing 6 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order () by Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Richsmith Holdings LLC, Ridge Construction LLC (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11)(Wyatt, Thomas)
November 19, 2021 NOTICE OF DOCKET CORRECTION re #1 Complaint. CORRECTION: The docket text was modified to correct the description to include, "Summons issued and returned to counsel for service." (cmn)
November 18, 2021 Filing 5 AFFIDAVIT of Service of Complaint and Summons , filed by Richsmith Holdings LLC, Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Ridge Construction LLC. Jamie Collins served on 11/16/2021. (Wyatt, Thomas)
November 18, 2021 Filing 4 AFFIDAVIT of Service , filed by Richsmith Holdings LLC, Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Ridge Construction LLC. Little Rock Department of Planning & Development, City of served on 11/16/2021. (Wyatt, Thomas)
November 18, 2021 Filing 3 AFFIDAVIT of Service of Complaint and Summons , filed by Richsmith Holdings LLC, Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Ridge Construction LLC. Frank Scott, Jr served on 11/16/2021. (Wyatt, Thomas)
November 18, 2021 Filing 2 AFFIDAVIT of Service of Complaint and Summons , filed by Richsmith Holdings LLC, Peaks at Little Rock Limited Partnership, Peaks at Little Rock Phase II Limited Partnership, Ridge Construction LLC. Little Rock, City of served on 11/16/2021. (Wyatt, Thomas)
November 15, 2021 Filing 1 COMPLAINT with Jury Demand against All Defendants, filed by All Plaintiffs. (Fee of $402 paid. Receipt Number LIT084506.) (Attachments: #1 Civil Cover Sheet) (jbh)

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Plaintiff: Peaks at Little Rock Limited Partnership
Represented By: Meredith Autumn Powell
Represented By: Thomas Hartley Wyatt
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Plaintiff: Peaks at Little Rock Phase II LImited Partnership
Represented By: Meredith Autumn Powell
Represented By: Thomas Hartley Wyatt
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Plaintiff: Richsmith Holdings LLC
Represented By: Meredith Autumn Powell
Represented By: Thomas Hartley Wyatt
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Plaintiff: Ridge Construction LLC
Represented By: Meredith Autumn Powell
Represented By: Thomas Hartley Wyatt
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Defendant: Little Rock, City of
Represented By: Alexander J. Betton
Represented By: Shawn Adrian Overton
Represented By: Thomas M. Carpenter
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Defendant: Frank Scott, Jr
Represented By: Alexander J. Betton
Represented By: Shawn Adrian Overton
Represented By: Thomas M. Carpenter
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Defendant: City of Little Rock Department of Planning & Development
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Defendant: Jamie Collins
Represented By: Alexander J. Betton
Represented By: Shawn Adrian Overton
Represented By: Thomas M. Carpenter
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Defendant: Little Rock Department of Planning & Development, City of
Represented By: Alexander J. Betton
Represented By: Shawn Adrian Overton
Represented By: Thomas M. Carpenter
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Defendant: Doris Wright
Represented By: Shawn Adrian Overton
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Defendant: Little Rock Construction Board of Adjustment and Appeals, City of
Represented By: Shawn Adrian Overton
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