Fayetteville Public Library et al v. Crawford County, Arkansas et al
| Fayetteville Public Library, Eureka Springs Carnegie Public Library, Central Arkansas Library System, Nate Coulter, Olivia Farrell, Jennie Kirby, Leta Caplinger, Adam Webb, Arkansas Library Association, Advocates for All Arkansas Libraries, Pearl's Books, LLC, Wordsworth Community Bookstore, LLC doing business as WordsWorth Books, American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund and Freedom to Read Foundation, Inc. |
| Crawford County, Arkansas, Chris Keith, Todd Murray, Sonia Fonticiella, Devon Holder, Matt Durett, Jeff Phillips, Will Jones, Teresa Howell, Ben Hale, Connie Mitchell, Dan Turner, Jana Bradford, Frank Spain, Tim Blair, Kyle Hunter, Daniel Shue, Jeff Rogers, David Ethredge, Tom Tatum, II, Drew Smith, Rebecca Reed McCoy, Michelle C. Lawrence, Debra Buschman, Tony Rogers, Nathan Smith, Carol Crews, Kevin Holmes, Chris Walton and Chuck Graham |
| 5:2023cv05086 |
| June 2, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 29, 2023. A more recent docket listing may be available from PACER.
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Filing 53
MEMORANDUM OPINION AND ORDER GRANTING #22 Plaintiffs' Motion for Preliminary Injunction. Sections 1 and 5 of Arkansas Act 372 of 2023 are PRELIMINARILY ENJOINED. Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy)
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Filing 52
OPINION AND ORDER DENYING #35 The Crawford County Defendants' Motion to Dismiss. The Crawford County Defendants' Answer must be filed no later than August 14, 2023.Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy) Modified on 7/31/2023 to edit text (jlm).
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Filing 51
Minute Entry for proceedings held before Honorable Timothy L. Brooks: Motion Hearing held on 7/25/2023. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc)
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Filing 50
ORDER regarding media request (see order for specifics). Signed by Honorable Timothy L. Brooks on July 25, 2023. (slc)
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Filing 49
REPLY to Response to Motion re #35 MOTION to Dismiss for Failure to State a Claim filed by Crawford County, Arkansas, Chris Keith. (Rankin, James)
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Filing 48
TEXT ONLY ORDER denying #44 Motion in Limine. For purposes of the preliminary injunction hearing, the evidence cited in the Motion is potentially relevant to the claims, issues, and defenses presently before the Court. This ruling is without prejudice to the County Defendants' ability to argue at the hearing why they believe this evidence should not be relied upon in arriving at the Court's ultimate ruling on the matter of preliminary injunctive relief. Signed by Honorable Timothy L. Brooks on July 24, 2023. (ee)
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Filing 47
TEXT ONLY ORDER granting #46 Separate Defendants Crawford County and Chris Keith's Motion for Leave to file a Reply. Signed by Honorable Timothy L. Brooks on July 24, 2023. (jld)
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Filing 46
MOTION for Leave to File Reply by Crawford County, Arkansas, Chris Keith. (Attachments: #1 Exhibit A Reply in Support of Motion to Dismiss)(Rankin, James)
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Filing 45
MEMORANDUM BRIEF in Support of #44 MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Rankin, James)
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Filing 44
MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Attachments: #1 Exhibit A - Pltf Witness List, #2 Exhibit B - Sep Dfdt Crawford Co Witness List)(Rankin, James)
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Filing 43
RESPONSE IN OPPOSITION TO Motion re #35 MOTION to Dismiss for Failure to State a Claim filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John)
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Filing 42
REPLY to Response to Motion re #22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: #1 Exhibit A - List of Books, #2 Exhibit B - Crawford County Quorum Court - Journal of Procedures 12-19-22, #3 Exhibit C - Crawford County Quorum Court - Journal of Procedures 1-17-23)(Adams, John)
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Filing 41
ORDER denying #29 Motion to Transfer Case. Signed by Honorable Timothy L. Brooks on July 7, 2023. (tg)
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Filing 40
TEXT ONLY ORDER granting #39 Motion for Leave to File Excess Pages. Signed by Honorable Timothy L. Brooks on July 7, 2023. (ee)
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Filing 39
MOTION for Leave to Exceed Page Limitation by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John)
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Filing 38
RESPONSE IN OPPOSITION TO Motion re #22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Crawford County, Arkansas, Chris Keith. (Attachments: #1 Exhibit 1)(Rankin, James)
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Filing 37
RESPONSE IN OPPOSITION TO Motion re #22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah)
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Filing 36
MEMORANDUM BRIEF in Support of #35 MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James)
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Filing 35
MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James)
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Filing 34
**CORRECTED DATE** TEXT ONLY ORDER setting a response deadline of JULY 3, 2023, for the pending MOTION to Transfer Case #29 filed by Separate Defendants Crawford County, Arkansas, and County Judge Chris Keith. Plaintiffs filed their collective response to the Motion today. If any other Defendant wishes to file a response, it must be received by the Court by the deadline. Signed by Honorable Timothy L. Brooks on June 29, 2023. (ee) Modified on 6/29/2023 (slc).
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Filing 33
RESPONSE IN OPPOSITION TO Motion re #29 MOTION to Transfer Case filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John)
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Filing 32
NOTICE of Appearance by Rebecca Hughes Parker on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Parker, Rebecca)
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Filing 31
NOTICE of Appearance by Kristen Rodriguez on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Rodriguez, Kristen)
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Filing 30
NOTICE of Appearance by Michael Bamberger on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Bamberger, Michael)
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Filing 29
MOTION TO TRANSFER CASE and NOTICE by Crawford County, Arkansas, Chris Keith Notice of Related Case (Rankin, James) Modified on 6/28/2023 (slc).
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Filing 28
ORDER SETTING BRIEFING SCHEDULE AND HEARING on #22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order :( Motion Hearing set for 7/25/2023 10:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.) (See ORDER for specific deadlines). Signed by Honorable Timothy L. Brooks on June 27, 2023. (lgd)
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Filing 27
NOTICE of Appearance by Gentry Carlin Wahlmeier on behalf of Crawford County, Arkansas, Chris Keith. (Wahlmeier, Gentry)
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Filing 26
NOTICE of Appearance by Samuel McLelland on behalf of Crawford County, Arkansas, Chris Keith. (McLelland, Samuel)
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Filing 25
NOTICE of Appearance by James D Rankin, III on behalf of Crawford County, Arkansas, Chris Keith. (Rankin, James)
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Filing 24
NOTICE of Appearance by Forrest Stobaugh on behalf of Crawford County, Arkansas, Chris Keith. (Stobaugh, Forrest)
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Filing 23
MEMORANDUM BRIEF in Support of #22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John)
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Filing 22
MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: #1 Exhibit Declaration of John Adams, #2 Exhibit Declaration of Deborah Caldwell-Stone, #3 Exhibit Declaration of Leta Caplinger, #4 Exhibit Declaration of Carol Coffey, #5 Exhibit Declaration of Nate Coulter, #6 Exhibit Declaration Christina Danos, #7 Exhibit Declaration of Olivia Farrell, #8 Exhibit Declaration of David Grogan, #9 Exhibit Declaration of David Johnson, #10 Exhibit Declaration of Daniel Jordan, #11 Exhibit Declaration of Hayden Kirby, #12 Exhibit Declaration of Mary E. Rasenberger, #13 Exhibit Declaration of Matthew D. Stratton, #14 Exhibit Declaration of Jeff Trexler, #15 Exhibit Declaration of Adam Webb, #16 Exhibit Declaration of Kandi West)(Adams, John)
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Filing 21
TEXT ONLY ORDER GRANTING #19 Motion to Appear Pro Hac Vice. ORLANDO ECONOMOS appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc)
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Filing 20
TEXT ONLY ORDER GRANTING #18 Motion to Appear Pro Hac Vice. AMAN GEORGE appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc)
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Filing 19
MOTION for Attorney Orlando Economos to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2794117) by Advocates for All Arkansas Libraries, Arkansas Library Association. (Economos, Orlando)
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Filing 18
MOTION for Attorney Aman George to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2793864) by Advocates for All Arkansas Libraries, Arkansas Library Association. (George, Aman)
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Filing 17
NOTICE of Appearance by John Otho Payne on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Payne, John)
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Filing 16
NOTICE of Appearance by Noah Watson on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah)
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Filing 15
WAIVER OF SERVICE Returned Executed filed by Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. All Defendants. (Adams, John)
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Filing 14
NOTICE of Appearance by Christine A. Cryer on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Cryer, Christine)
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Filing 13
TEXT ONLY ORDER GRANTING #8 Motion to Appear Pro Hac Vice. REBECCA HUGHES PARKER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc)
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Filing 12
TEXT ONLY ORDER GRANTING #7 Motion to Appear Pro Hac Vice. KRISTEN C. RODRIGUEZ is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc)
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Filing 11
TEXT ONLY ORDER GRANTING #6 Motion to Appear Pro Hac Vice. MICHAEL A. BAMBERGER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc)
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Filing 10
TEXT ONLY ORDER GRANTING #5 Motion to Appear Pro Hac Vice. WILL BARDWELL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc)
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Filing 9
TEXT ONLY ORDER GRANTING #4 Motion to Appear Pro Hac Vice. BEN SEEL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc)
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Filing 8
MOTION for Attorney to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785311) by Leta Caplinger. (Attachments: #1 Affidavit Declaration of Good Standing)(Brownstein, Bettina)
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Filing 7
MOTION for Attorney Kristen C. Rodriguez to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785293) by Leta Caplinger. (Attachments: #1 Affidavit Declaration of Good Standing)(Brownstein, Bettina)
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Filing 6
MOTION for Attorney Michael A. Bamberger to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785274) by Leta Caplinger. (Attachments: #1 Affidavit Declaration of Good Standing)(Brownstein, Bettina)
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Filing 5
MOTION for Attorney Will Bardwell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784956) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Bardwell, Will)
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Filing 4
MOTION for Attorney Ben Seel to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784926) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Seel, Benjamin)
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Filing 3
Magistrate Notice/Consent Form furnished. (lgd)
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Filing 2
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AARWDC-2784265), filed by Eureka Springs Carnegie Public Library, Central Arkansas Library System, Nate Coulter. (Attachments: #1 Exhibit 1 - Act 372, #2 Exhibit 2 - Response to Demand, #3 Exhibit 3 - Letter to Library)(Adams, John)
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Filing 1
CIVIL COVER SHEET by All Plaintiffs. 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, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (lgd)
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