Miller et al v. Thurston
Plaintiff: Robert William Allen, Bonnie Heather Miller, Adella Dozier Gray and Arkansas Voters First
Defendant: John Thurston
Case Number: 5:2020cv05070
Filed: April 22, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: P K Holmes
Nature of Suit: Civil Rights: Voting
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2020 Filing 55 TEXT ONLY ORDER granting #54 motion to defer briefing on attorney's fees until resolution of the pending appeal. Signed by Honorable P. K. Holmes III on June 18, 2020. (rab)
June 18, 2020 Filing 54 Unopposed MOTION to Defer Attorneys' Fees Briefing by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
June 11, 2020 Filing 53 NOTICE OF FILING OFFICIAL TRANSCRIPT of hearing held on 05-19-2020, before Judge P.K. Holmes, III. Court Reporter/Transcriber: Rick Congdon, RMR, FCRR, Telephone number 479-652-0146. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 7/2/2020. Redacted Transcript Deadline set for 7/13/2020. Release of Transcript Restriction set for 9/9/2020. (rlc)
June 2, 2020 Filing 52 OPINION AND ORDER denying #48 Motion to Stay filed by John Thurston. Signed by Honorable P. K. Holmes III on June 2, 2020. (tg)
June 2, 2020 Filing 51 USCA Scheduling Order as to #47 Notice of Appeal (atty) filed by John Thurston. Case Appealed to 8th Circuit Court of Appeals Case Number 20-2095. (Attachments: #1 USCA Cover Letter)(tg)
June 2, 2020 Filing 50 NOA SUPPLEMENT FORM re #47 Notice of Appeal (atty) filed by John Thurston. (src)
June 1, 2020 Filing 49 MEMORANDUM BRIEF in Support of #48 MOTION to Stay Pending Appeal by John Thurston. (Bird, William)
June 1, 2020 Filing 48 MOTION to Stay Pending Appeal by John Thurston. (Bird, William)
June 1, 2020 Filing 47 NOTICE OF APPEAL as to #45 Judgment, #41 Order on Motion for Preliminary Injunction, #44 Order on Motion to Dismiss for Failure to State a Claim, by John Thurston. Filing fee $ 505, receipt number AARWDC-2152250. (Wagner, Vincent)
June 1, 2020 Filing 46 NOTICE of Appearance by Vincent M. Wagner on behalf of John Thurston. (Wagner, Vincent)
May 29, 2020 Filing 45 JUDGMENT pursuant to the opinion and order #41 entered on May 25, 2020, and the order entered the same day; IT IS HEREBY ADJUDGED that Plaintiffs should have permanent injunctive relief on their First and Fourteenth Amendment claims (See Judgment for specifics). Signed by Honorable P. K. Holmes III on May 29, 2020. (lgd)
May 29, 2020 Opinion or Order Filing 44 ORDER DENYING AS MOOT #35 Motion to Dismiss for Failure to State a Claim; and IT IS ORDERED that the preliminary injunction entered by this Court will be made permanent by judgment entered separately. (See Order for specifics). Signed by Honorable P. K. Holmes III on May 29, 2020. (lgd)
May 29, 2020 Filing 43 NOTICE by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller Joint Request for Entry of Judgment (Greenwood, Ruth)
May 26, 2020 Filing 42 RESPONSE IN OPPOSITION TO Motion re #35 MOTION to Dismiss for Failure to State a Claim filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Lamar, Christopher)
May 25, 2020 Filing 41 OPINION AND ORDER granting in part #5 Motion for Preliminary Injunction, as set forth. The parties are ordered to confer on a proposed schedule to expedite final resolution of this lawsuit and communicate that proposal to the Court by May 28, 2020. Signed by Honorable P. K. Holmes III on May 25, 2020. (jas)
May 20, 2020 Filing 40 NOTICE by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller (Notice of Supplemental Authority) (Attachments: #1 Exhibit 1: Thompson v. DeWine Opinion and Order Granting Preliminary Injunction)(Gaber, Mark)
May 19, 2020 Filing 39 Minute Entry for proceedings held before Honorable P. K. Holmes III: Motion Hearing held on 5/19/2020 re #5 MOTION for Preliminary Injunction filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Rick Congdon-Court Reporter) (jas)
May 18, 2020 Filing 38 NOTICE of Appearance by Michael A. Cantrell on behalf of All Defendants. (Cantrell, Michael)
May 15, 2020 Filing 37 TEXT ONLY ORDER Setting Hearing on #5 MOTION for Preliminary Injunction: Motion Hearing set for 5/19/2020 at 10:30 AM before Honorable P. K. Holmes III. This hearing will be accessible via video conference ONLY. Access to the courthouse will not be allowed. Any nonparty desiring access to the hearing should contact chambers at PKHinfo@arwd.uscourts.gov. Signed by Honorable P. K. Holmes III on May 15, 2020. (rab)
May 12, 2020 Filing 36 MEMORANDUM BRIEF in Support of #35 MOTION to Dismiss for Failure to State a Claim by John Thurston. (Bird, William)
May 12, 2020 Filing 35 MOTION to Dismiss for Failure to State a Claim by John Thurston. (Bird, William)
May 11, 2020 Filing 34 STATEMENT OF FACTS in support of #5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
May 11, 2020 Filing 33 STIPULATION re #5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
May 6, 2020 Filing 32 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: #1 Exhibit Exhibit 1 - Second Declaration of Brett Kincaid, dated May 6, 2020, #2 Exhibit Exhibit 2 - Letter from Secretary of State to Nate Steel dated July 25, 2018 setting cure period for casino ballot initiative on August 24, 2018, #3 Exhibit Exhibit 3 - Letter from Secretary of State to David Couch dated July 30, 2018 setting cure period for minimum wage ballot initiative on August 29, 2018, #4 Exhibit Exhibit 4 - Letter from Secretary of State to David Couch dated July 28, 2016 setting cure period for medical marijuana initiative on August 29, 2016, #5 Exhibit Exhibit 5 - Participating Addendum adding Arkansas to Utah Cloud Solutions contract with Carahsoft Technology Corporation dated December 20, 2019)(Greenwood, Ruth)
May 4, 2020 Filing 31 RESPONSE IN OPPOSITION TO Motion re #5 MOTION for Preliminary Injunction filed by John Thurston. (Attachments: #1 Exhibit Order - Bambenek v. White)(Bird, William)
April 27, 2020 Filing 30 NOTICE of Appearance by William C. Bird, III on behalf of John Thurston. (Bird, William)
April 24, 2020 TEXT ONLY ORDER granting in part and denying in part #27 Motion to Expedite Briefing. Following a conference call with Plaintiffs' counsel David Couch and attorneys Gary Sullivan from the office of the Arkansas Secretary of State and William Bird from the office of the Arkansas Attorney General, the following agreed briefing deadlines are entered. Any response to the pending #5 motion for preliminary injunction must be filed by May 4, 2020. A reply to that response is permitted, and must be filed by May 6, 2020. The Court will reserve the setting of any hearing until briefing is complete. Signed by Honorable P. K. Holmes III on April 24, 2020. (rab)
April 24, 2020 Filing 29 NOTICE of Appearance by Christopher Lamar on behalf of All Plaintiffs. (Lamar, Christopher)
April 24, 2020 Filing 28 MEMORANDUM BRIEF in Support of #27 MOTION to Expedite Briefing on Motion for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
April 24, 2020 Filing 27 MOTION to Expedite Briefing on Motion for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
April 24, 2020 Filing 26 NOTICE of Appearance by Robert Weiner on behalf of All Plaintiffs. (Weiner, Robert)
April 24, 2020 Filing 25 SUMMONS Returned Executed by Bonnie Heather Miller, Robert William Allen, Arkansas Voters First, Adella Dozier Gray. John Thurston served on 4/23/2020, answer due 5/14/2020. (Couch, David)
April 24, 2020 Filing 24 TEXT ONLY ORDER granting #23 Motion to Appear Pro Hac Vice. Robert N. Weiner is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 24, 2020. (jas)
April 24, 2020 Filing 23 MOTION for Attorney Robert N. Weiner to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2128191) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Weiner, Robert)
April 24, 2020 Filing 22 TEXT ONLY ORDER granting #20 motion to effect service by electronic mail. Signed by Honorable P. K. Holmes III on April 24, 2020. (rab)
April 23, 2020 Filing 21 MEMORANDUM BRIEF in Support of #20 MOTION Leave to Effect Service by Electronic Mail by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: #1 Exhibit 1: Affidavit of Service and Email Accepting Service)(Couch, David)
April 23, 2020 Filing 20 MOTION Leave to Effect Service by Electronic Mail by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Couch, David)
April 23, 2020 Filing 19 NOTICE of Appearance by Annabelle Harless on behalf of All Plaintiffs. (Harless, Annabelle)
April 23, 2020 Filing 18 NOTICE of Appearance by Mark Gaber on behalf of Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Gaber, Mark)
April 23, 2020 Filing 17 TEXT ONLY ORDER granting #15 Motion to Appear Pro Hac Vice. Christopher Lamar is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas)
April 23, 2020 Filing 16 NOTICE of Appearance by Ruth M. Greenwood on behalf of All Plaintiffs. (Greenwood, Ruth)
April 23, 2020 Filing 15 MOTION for Attorney Christopher Lamar to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2127364) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Lamar, Christopher)
April 23, 2020 Filing 14 TEXT ONLY ORDER granting #11 Motion to Appear Pro Hac Vice. Annabelle E. Harless is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas)
April 23, 2020 Filing 13 TEXT ONLY ORDER granting #10 Motion to Appear Pro Hac Vice. Mark P. Gaber is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on April 23, 2020. (jas)
April 22, 2020 Filing 12 Corporate Disclosure Statement by Arkansas Voters First. (Couch, David)
April 22, 2020 Filing 11 MOTION for Attorney Annabelle E. Harless to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126846) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Harless, Annabelle)
April 22, 2020 Filing 10 MOTION for Attorney Mark P. Gaber to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126833) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Gaber, Mark)
April 22, 2020 Filing 9 TEXT ONLY ORDER granting #8 Motion to Appear Pro Hac Vice. Ruth Merewyn Greenwood is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable P. K. Holmes III on April 22, 2020. (jas)
April 22, 2020 Filing 8 MOTION for Attorney Ruth Merewyn Greenwood to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2126768) by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Greenwood, Ruth)
April 22, 2020 Filing 7 MEMORANDUM BRIEF in Support of #5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Attachments: #1 Exhibit 1: Kincaid Declaration, #2 Exhibit 2: E.O. 20-03, #3 Exhibit 3: E.O. 20-05, #4 Exhibit 4: E.O. 20-08, #5 Exhibit 5: E.O. 20-09, #6 Exhibit 6: E.O. 20-10, #7 Exhibit 7: Little Rock Curfew Order, #8 Exhibit 8: Little Rock Declaration, #9 Exhibit 9: E.O. 20-12, #10 Exhibit 10: E.O. 20-14, #11 Exhibit 11: E.O. 20-15, #12 Exhibit 12: E.O. 20-13, #13 Exhibit 13: W.D. Ark. Admin. Order 2020-1, #14 Exhibit 14: W.D. Ark. Admin. Order 2020-3, #15 Exhibit 15: Ark. Sup. Ct. Order, #16 Exhibit 16: W.D. Ark. Admin. Order 2020-4, #17 Exhibit 17: Miller Declaration, #18 Exhibit 18: Gray Declaration, #19 Exhibit 19: Allen Declaration, #20 Exhibit 20: Esshaki v. Whitmer Decision, #21 Exhibit 21: AVF Petition Filed with Sec'y of State)(Couch, David)
April 22, 2020 Filing 6 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to John Thurston and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) (tg).
April 22, 2020 ***PLEASE DISREGARD FILING FEE PAID*** CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Complaint. You MUST pay the filing fee of $ 400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 4/24/2020 (tg) Modified on 4/22/2020 (tg).
April 22, 2020 Filing 5 MOTION for Preliminary Injunction by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. (Couch, David)
April 22, 2020 Filing 4 Magistrate Notice/Consent Form (tg)
April 22, 2020 Filing 3 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to John Thurston for service of the following document: #2 Complaint. (Couch, David)
April 22, 2020 Filing 2 COMPLAINT against John Thurston ( Filing fee $ 400 receipt number AARWDC-2126620), filed by Bonnie Heather Miller, Robert William Allen, Arkansas Voters First, Adella Dozier Gray.(Couch, David)
April 22, 2020 Filing 1 CIVIL COVER SHEET for case initiated by Robert William Allen, Arkansas Voters First, Adella Dozier Gray, Bonnie Heather Miller. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day your case may be terminated. (tg)

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Search for this case: Miller et al v. Thurston
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Plaintiff: Robert William Allen
Represented By: Annabelle Harless
Represented By: Mark Gaber
Represented By: David A. Couch
Represented By: Ruth M. Greenwood
Represented By: Robert Weiner
Represented By: Christopher Lamar
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Plaintiff: Bonnie Heather Miller
Represented By: Annabelle Harless
Represented By: Mark Gaber
Represented By: David A. Couch
Represented By: Ruth M. Greenwood
Represented By: Robert Weiner
Represented By: Christopher Lamar
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Plaintiff: Adella Dozier Gray
Represented By: Annabelle Harless
Represented By: Mark Gaber
Represented By: David A. Couch
Represented By: Ruth M. Greenwood
Represented By: Robert Weiner
Represented By: Christopher Lamar
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Plaintiff: Arkansas Voters First
Represented By: Annabelle Harless
Represented By: Mark Gaber
Represented By: David A. Couch
Represented By: Ruth M. Greenwood
Represented By: Robert Weiner
Represented By: Christopher Lamar
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Defendant: John Thurston
Represented By: William C. Bird, III
Represented By: Vincent M. Wagner
Represented By: Michael A. Cantrell
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