Bonnie Miller, et al v. John Thurston
| Robert William Allen, Bonnie Heather Miller, Adella Dozier Gray and Arkansas Voters First |
| John Thurston, in his official capacity as Secretary of State of Arkansas |
| State of Arizona, State of Alaska, Honest Elections Project, State of Oklahoma, Arkansas State Chamber of Commerce, State of South Dakota, State of Ohio, State of Texas, State of Indiana, State of North Dakota, State of Alabama, State of Nebraska and State of Kentucky |
| 20-2095 |
| June 2, 2020 |
| U.S. Court of Appeals, Eighth Circuit |
| Other |
Docket Report
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| JUDGMENT FILED - The judgment of the originating court is REVERSED in accordance with the opinion. RAYMOND W. GRUENDER, ROGER L. WOLLMAN and L. STEVEN GRASZ Hrg July 2020 [4937446] [20-2095] (AMT) [Entered: 07/23/2020 04:04 PM] |
| OPINION FILED - THE COURT: Raymond W. Gruender, Roger L. Wollman and L. Steven Grasz AUTHORING JUDGE:L. Steven Grasz (PUBLISHED); Denying as moot [ # 4920948-2 ] motion for stay filed by Mr. Nicholas Jacob Bronni. [4937415] [20-2095] (AMT) [Entered: 07/23/2020 03:36 PM] |
| Response of Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller to 28(j) citation, [ # 4933682-2 ], filed by John Thurston, 28(j) citation for Calendar, [ # 4933682-3 ], filed by John Thurston. w/service 07/21/2020 - FOR CAL [4936006] [20-2095] (CL) [Entered: 07/21/2020 10:41 AM] |
| 28(j) citation filed by Appellant John Thurston w/service 07/14/2020 - FOR CAL [4933682] [20-2095] (VMW) [Entered: 07/14/2020 03:35 PM] |
| Paper copies Amicus Brief, [ # 4926230-2 ] filed by Arkansas State Chamber of Commerce 10 paper copies received. [4933609] [20-2095] (CRJ) [Entered: 07/14/2020 02:13 PM] |
| CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [ # 4931704-2 ], brief Appellee/Respondent brief, Doc No. [ # 4926235-2 ], filed by Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller [4931901] [20-2095] (PMS) [Entered: 07/09/2020 11:00 AM] |
| ARGUED & SUBMITTED via videoconference to Judges Raymond W. Gruender, Roger L. Wollman, L. Steven Grasz on 07/08/2020. Mr. Vincent M. Wagner for Appellant John Thurston; Ms. Ruth M. Greenwood for Appellees Ms. Bonnie Heather Miller, Mr. Robert William Allen, Ms. Adella Dozier Gray and Arkansas Voters First; Rebuttal by Mr. Vincent M. Wagner for John Thurston RECORDED. # Click Here To Listen to Oral Argument [4931415] [20-2095] (JMM) [Entered: 07/08/2020 11:01 AM] |
| Paper copies Appellant/Petitioner Brief, [ # 4925024-2 ] filed by John Thurston 10 paper copies received, w/Addendum attached. [4931425] [20-2095] (HAG) [Entered: 07/08/2020 11:23 AM] |
| Paper copies Reply brief, [ # 4927765-2 ] filed by John Thurston 10 paper copies received. [4931439] [20-2095] (HAG) [Entered: 07/08/2020 11:41 AM] |
| 28(j) citation filed by Appellant John Thurston w/service 07/08/2020 - FOR CAL [4931739] [20-2095] (VMW) [Entered: 07/08/2020 08:49 PM] |
| Paper copies Appellee/Respondent brief, [ # 4926235-2 ] filed by Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller 10 paper copies received. Paper brief deficiency due 07/13/2020 - SEE ATTACHED NOTICE. [4931704] [20-2095] (HAG) [Entered: 07/08/2020 04:29 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: 1 COPY OF TRANSCRIPT, Source Location: USDC / WA, Dt. of Proceeding/Hearing: 05/19/2020, No. of Pgs.: 38, Court Reporter: Congdon, Rick L [4931500] [20-2095] (JMM) [Entered: 07/08/2020 01:03 PM] |
| 28(j) citation filed by Appellant John Thurston w/service 07/06/2020 - FOR CAL [4930657] [20-2095] (VMW) [Entered: 07/06/2020 04:09 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Vincent M. Wagner for John Thurston for argument in July, at the Special Session in Other. [4929023] [20-2095] (VMW) [Entered: 06/30/2020 01:50 PM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in Special Session on Wednesday, July 08, 2020. To be heard before Judges Raymond W. Gruender, Roger L. Wollman and L. Steven Grasz in. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. [4928273] [20-2095] (MR) [Entered: 06/29/2020 10:36 AM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Ruth M. Greenwood for Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller for argument in July, at the Tele/Video Conference in Other. [4928363] [20-2095] (RMG) [Entered: 06/29/2020 12:13 PM] |
| CERTIFICATE OF SERVICE for Appellees' Appendix/Court Record, Doc No. [ # 4926854-2 ], filed by Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller. [4928548] [20-2095] (HAG) [Entered: 06/29/2020 04:18 PM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by John Thurston w/service 06/26/2020. Length: 6,197 words. [4927765] [20-2095] (BNW) [Entered: 06/26/2020 10:20 AM] |
| APPEARANCE filed by Justin T. Allen for Amicus on Behalf of Appellant(s) Arkansas State Chamber of Commerce w/service 06/26/2020 [4928113] [20-2095] (JTA) [Entered: 06/26/2020 05:15 PM] |
| REPLY brief of John Thurston submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4927636] [20-2095] (NJB) [Entered: 06/25/2020 09:36 PM] |
| JUDGE ORDER: On the courts own motion, this matter is set for oral argument on July 8, 2020 at 10:00 a.m. The argument will be conducted by videoconference, and the clerks office will contact all counsel in advance of the argument date and make arrangements for their participation in the argument. Each side is allotted 20 minutes for argument. The parties are instructed to inform the court as to any issues of mootness which may arise before the July 8, 2020 argument date. All attorneys presenting oral argument must complete a Response Form. The Response Form may be found at http://www.ca8.uscourts.gov/newcoa/forms/OralArgumentResponseForm.pdf Adp June 2020 [4927550] [20-2095] (MR) [Entered: 06/25/2020 03:34 PM] |
| APPEARANCE filed by Gary D. Marts, Jr. for Amicus on Behalf of Appellant(s) Arkansas State Chamber of Commerce w/service 06/24/2020 [4926815] [20-2095] (GDM) [Entered: 06/24/2020 10:40 AM] |
| RECORD FILED - APLEE/RES APPENDIX, 1 volumes, Comments: 3 sets, Source Location: St. Louis Record Deficiency due on 06/29/2020 - SEE ATTACHED NOTICE. [4926854] [20-2095] (HAG) [Entered: 06/24/2020 11:12 AM] |
| BRIEF FILED - APPELLEES BRIEF filed by Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller, w/service 06/23/2020. Length: 12,950 words. Reply brief of John Thurston due on 06/25/2020. [4926235] [20-2095] (BNW) [Entered: 06/23/2020 09:10 AM] |
| BRIEF FILED - AMICUS BRIEF filed by Arkansas State Chamber of Commerce w/service 06/23/2020. Length: 2,882 words. [4926230] [20-2095] (BNW) [Entered: 06/23/2020 08:59 AM] |
| APPELLEE brief of Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4926192] [20-2095] (PMS) [Entered: 06/22/2020 11:02 PM] |
| AMICUS/INTERVENOR brief of Arkansas State Chamber of Commerce submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4926175] [20-2095] (GDM) [Entered: 06/22/2020 05:06 PM] |
| ADDENDUM of APPELLANT FILED by Appellant John Thurston w/service 06/18/2020. [4925026] [20-2095] (BNW) [Entered: 06/18/2020 10:58 AM] |
| RECORD FILED - APLNT/PET APPENDIX, 1 volumes, Comments: 3 copies of 1 volume [4925393] [20-2095] (NDW) [Entered: 06/19/2020 09:13 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by John Thurston w/service 06/18/2020. Length: 10,221 words. Brief of Robert William Allen, Arkansas Voters First, Adella Dozier Gray and Bonnie Heather Miller due on 06/22/2020. [4925024] [20-2095] (BNW) [Entered: 06/18/2020 10:57 AM] |
| APPELLANT brief of John Thurston submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4924975] [20-2095] (NJB) [Entered: 06/18/2020 09:43 AM] |
| Brief deficiency notice sent to counsel, Attorney Mr. Nicholas Jacob Bronni for Appellant John Thurston. [4924944] [20-2095] (BNW) [Entered: 06/18/2020 08:55 AM] |
| APPELLANT brief of John Thurston submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4924888] [20-2095] (NJB) [Entered: 06/17/2020 10:45 PM] |
| Addendum of APPELLANT submitted for review by John Thurston. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4924889] [20-2095] (NJB) [Entered: 06/17/2020 10:47 PM] |
| Certificate of transcript filed by Appellant John Thurston. Transcript ordered[4924301] [20-2095] (NJB) [Entered: 06/16/2020 02:45 PM] |
| METHOD of appendix preparation filed by Appellant John Thurston - Separate Appendix - w/service 06/16/2020 [4924309] [20-2095] (NJB) [Entered: 06/16/2020 02:49 PM] |
| DESIGNATION of record filed by Appellant John Thurston. w/service 06/16/2020 [4924305] [20-2095] (NJB) [Entered: 06/16/2020 02:46 PM] |
| STATEMENT of issues filed by Appellant John Thurston - w/service 06/16/2020. [4924311] [20-2095] (NJB) [Entered: 06/16/2020 02:50 PM] |
| JUDGE ORDER: The motion for an administrative stay is granted. The motion for stay is consolidated with the merits of the case. The motion to grant an expedited briefing is granted. Appellants brief is due June 17, 2020; Appellees brief is due June 22, 2020, and the Appellants reply brief is due June 25, 2020 [ # 4920948-2 ]. - FOR CAL Adp June 2020 [4923602] [20-2095] (BNW) [Entered: 06/15/2020 10:15 AM] |
| REPLY to response in opposition to motion for stay and for expedited appeal [ # 4923024-2 ], filed by Appellant John Thurston w/service 06/12/2020. [4923475] [20-2095] - FOR CAL [4923475] [20-2095]--[Edited 06/16/2020 by BNW to correct related entry] (NJB) [Entered: 06/12/2020 04:32 PM] |
| APPEARANCE filed by Dana Paikowsky for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/11/2020 [4922848] [20-2095] (DP) [Entered: 06/11/2020 01:06 PM] |
| RESPONSE in support of motion for stay and motion for an expedited appeal [ # 4920948-2 ], titled as," Brief of amici curiae Ohio, Alabama, Alaska, Arizona, Indiana, Kentucky, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas", filed by Attorney Mr. Benjamin Michael Flowers for Amici on Behalf of Appellant(s) State of Indiana, State of Oklahoma, State of Arizona, State of Texas, State of Nebraska, State of Kentucky, State of North Dakota, State of South Dakota, State of Alaska, State of Alabama and State of Ohio, w/service 06/11/2020. [4922911] [20-2095] - FOR CAL --[Edited 06/16/2020 by BNW] (BNW) [Entered: 06/11/2020 02:40 PM] |
| RESPONSE in opposition to motion [ # 4920948-2 ], filed by Attorney Mr. Paul March Smith for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller , w/service 06/11/2020. [4923024] [20-2095]--[Edited 06/11/2020 by MDS - Reason: Edited for clarification.] - FOR CAL --[Edited 06/16/2020 by BNW] (PMS) [Entered: 06/11/2020 04:50 PM] |
| MOTION interested party, Honest Elections Project , for leave to file amicus curiae brief on behalf of Defendant-Appellant. w/service 06/10/2020. [4922508] [20-2095] (PNS) [Entered: 06/10/2020 03:18 PM] |
| CLERK ORDER: The motion for leave to file an amicus brief in support of appellant's motion to stay is granted [ # 4922508-2 ]. [4922575] [20-2095] (BNW) [Entered: 06/10/2020 04:30 PM] |
| RESPONSE in support of motion for stay and expedited appeal titled as, "Brief of amicus Honest Elections Project in support of motion for stay and expedited appeal" [ # 4920948-2 ], filed by Attorney Mr. Patrick N. Strawbridge for Amicus on Behalf of Appellant(s) Honest Elections Project w/service 06/10/2020. [4922576] [20-2095] --[Edited 06/10/2020 by BNW to correct docket text] - FOR CAL --[Edited 06/16/2020 by BNW] (BNW) [Entered: 06/10/2020 04:36 PM] |
| AMICUS/INTERVENOR brief of States of Ohio, Alabama, Alaska, Arizona, Indiana, Kentucky, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4922605] [20-2095] (BMF) [Entered: 06/10/2020 08:19 PM] |
| APPEARANCE filed by Annabelle E. Harless for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/09/2020 [4921809] [20-2095] (AEH) [Entered: 06/09/2020 12:33 PM] |
| APPEARANCE filed by Ruth M. Greenwood for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/09/2020 [4921803] [20-2095] (RMG) [Entered: 06/09/2020 12:26 PM] |
| APPEARANCE filed by David A. Couch for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/09/2020 [4921825] [20-2095] (DC) [Entered: 06/09/2020 12:51 PM] |
| APPEARANCE filed by Christopher Lamar for Appellees Arkansas Voters First, Ms. Bonnie Heather Miller, Mr. Robert William Allen and Ms. Adella Dozier Gray w/service 06/09/2020 [4921794] [20-2095] (CL) [Entered: 06/09/2020 12:11 PM] |
| APPEARANCE filed by Mark P. Gaber for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/09/2020 [4921830] [20-2095] (MPG) [Entered: 06/09/2020 12:59 PM] |
| JUDGE ORDER: Upon consideration of the motion for an expedited response to the motion for stay, Plaintiffs are directed to respond to the Secretarys motion by the end of the day, June 11, 2020 [ # 4920948-2 ]. Adp June 2020 [4921909] [20-2095] (BNW) [Entered: 06/09/2020 02:05 PM] |
| MOTION for stay, for an expedited appeal, filed by Attorney Mr. Nicholas Jacob Bronni for Appellant John Thurston w/service 06/05/2020. [4920948] [20-2095]- FOR CAL --[Edited 06/15/2020 by BNW] (NJB) [Entered: 06/05/2020 06:24 PM] |
| APPEARANCE filed by Paul M. Smith for Appellees Mr. Robert William Allen, Arkansas Voters First, Ms. Adella Dozier Gray and Ms. Bonnie Heather Miller w/service 06/03/2020 [4919560] [20-2095] (PMS) [Entered: 06/03/2020 08:59 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 07/13/2020. Appendix due 07/23/2020. BRIEF APPELLANT, John Thurston due 07/23/2020 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [4919288] [20-2095] (CAH) [Entered: 06/02/2020 12:47 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, opinion and order 5/25/20, order 5/29/20, judgment 5/29/20. [4919283] [20-2095] (CAH) [Entered: 06/02/2020 12:43 PM] |
| APPEARANCE filed by Nicholas J. Bronni for Appellant John Thurston w/service 06/02/2020 [4919290] [20-2095] (NJB) [Entered: 06/02/2020 12:54 PM] |
| APPEARANCE filed by Vincent M. Wagner for Appellant John Thurston w/service 06/02/2020 [4919293] [20-2095] (VMW) [Entered: 06/02/2020 12:57 PM] |
| APPEARANCE filed by Michael A. Cantrell for Appellant John Thurston w/service 06/02/2020 [4919391] [20-2095] (MAC) [Entered: 06/02/2020 02:53 PM] |
| Civil case docketed. [4919280] [20-2095] (CAH) [Entered: 06/02/2020 12:36 PM] |
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