Case: Libertarian Party of Arkansas v. Martin

COMPLAINT against Mark Martin ( Fee of $ 400 paid, Receipt Number LIT053652.), filed by Libertarian Party of Arkansas, Kristin Vaughn, Robert Chris Hayes, Debrah Standiford, and Michael Pakko. Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet)(mcz) (Entered: 10/14/2015)

1

View on RECAP

MOTION for Leave to Appear pro hac vice by James C. Linger. Fee of $100 paid, receipt number LIT053651. Filed by All Plaintiffs. (mcz) (Entered: 10/14/2015)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 2 Motion to Appear Pro Hac Vice for James Linger. Signed by Judge James M. Moody Jr. on 10/16/2015. (sjh) (Entered: 10/16/2015)

Order on Motion to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed as to Mark Martin by Kristin Vaughn, Libertarian Party of Arkansas, Robert Chris Hayes, Debrah Standiford, Michael Pakko. (alm) (Entered: 11/02/2015)

NOTICE of Appearance filed by A. J. Kelly on behalf of Mark Martin. (mef) (Entered: 11/04/2015)

ANSWER to 1 Complaint; Motion to Dismiss; and Alternative, Motion for Judgment on the Pleadings by Mark Martin. (scw) (Docket entry modified on 12/14/2015 to correct the file date).(jak) (Entered: 12/11/2015)

BRIEF IN SUPPORT re 6 Answer to Complaint, Brief in Support of Motion to Dismiss and Alternative Motion for Judgment on the Pleadings filed by Mark Martin. (scw) (Docket entry modified on 12/14/2015 to correct the file date). (jak) (Entered: 12/11/2015)

NOTICE OF DOCKET CORRECTION re 6 Answer to Complaint, 7 Brief in Support. CORRECTION: The docket entries were modified to correct the file date to 12/10/2015 as marked on the documents. (jak)

Unopposed MOTION to Extend Time to File Response and Brief in Opposition to Defendant's Motion to Dismiss, etc. by All Plaintiffs (Linger, James) (Entered: 12/17/2015)

AMENDED MOTION to Dismiss, and alternative, MOTION for Judgment on the Pleadings () by Mark Martin (jap) (Entered: 12/18/2015)

Amended MOTION for Extension of Time to File Response/Reply as to 6 Answer to Complaint, 8 Unopposed MOTION to Extend Time to File Response and Brief in Opposition to Defendant's Motion to Dismiss, etc., 9 MOTION to Dismiss MOTION for Judgment on the Pleadings, 7 Brief in Support by All Plaintiffs (Linger, James) (Entered: 12/21/2015)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 10 Motion for Extension of Time to File Response/Reply re 9 MOTION to Dismiss MOTION for Judgment on the Pleadings. Response due by 1/5/2016. Signed by Judge James M. Moody Jr. on 12/23/15. (amr) (Entered: 12/23/2015)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot 8 Motion to Extend Time. Signed by Judge James M. Moody Jr. on 12/23/15. (amr) (Entered: 12/23/2015)

Order on Motion to Extend Time

Order on Motion for Extension of Time to File Response/Reply

BRIEF in Opposition re 9 Amended Motion to Dismiss and alternative Motion for Judgment, 10 Amended MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Linger, James) (Docket text modified on 1/6/2016 to correct the description of the document filed). (jak) (Entered: 01/05/2016)

NOTICE OF DOCKET CORRECTION re 13 Response in Opposition to Motion. CORRECTION: The docket text was modified to correct the description of the document filed as "BRIEF in Opposition re 9 Amended Motion to Dismiss and alternative Motion for Judgment, 10 Amended MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs" (jak)

INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 2/10/2016; Rule 26(f) Report due by 2/24/2016. Proposed Bench Trial set sometime during the week of 2/13/2017 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.Signed at the Direction of the Court on 1/11/2016. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 01/11/2016)

REPLY to Response to Motion re 9 AMENDED MOTION to Dismiss, and alternative, MOTION for Judgment on the Pleadings filed by Mark Martin. (scw) (Entered: 01/14/2016)

MOTION for Preliminary Injunction with Ex 1, Affidavit of Michael Pakko and Ex 2, Letter from Gov Hutchinson to Michael Pakko by All Plaintiffs (Linger, James) (Entered: 01/22/2016)

BRIEF IN SUPPORT re 1 Complaint, 16 Motion for Preliminary Injunction filed by All Plaintiffs. (Linger, James) (Entered: 01/22/2016)

Amended MOTION for Preliminary Injunction with Plaintiffs' Exhibits 1 and 2 by All Plaintiffs (Linger, James) (Entered: 01/23/2016)

NOTICE OF HEARING MOTION for Preliminary Injunction 16 and Amended MOTION for Preliminary Injunction 18 set for 2/19/2016 at 9:30 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.(kog) (Entered: 01/26/2016)

RESPONSE to Motion re 16 MOTION for Preliminary Injunction filed by Mark Martin. jap) (Entered: 02/05/2016)

BRIEF IN SUPPORT re 20 Response to Plaintiff's Motion for Summary Judgment filed by Mark Martin. (jap) (Entered: 02/05/2016)

MOTION for Leave to File Amended Answer by Mark Martin. (scw) (Entered: 02/18/2016)

BRIEF IN SUPPORT re 22 Motion for Leave to File Amended Answer by Mark Martin. (scw) (Entered: 02/18/2016)

CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:MOTION HEARING held on 2/19/2016 re Defendant's MOTION to Dismiss 9 and Plaintiffs' MOTION for Preliminary Injunction 16 . Counsel for Plaintiffs-William Whitfield Hyman, James Linger. Counsel for Defendant-A.J. Kelly. After argument from counsel, motions held in abeyance. (Court Reporter C. Nelson-Kellar.) (kog) (Entered: 02/22/2016)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 22 Motion for Leave to File Amended Answer. Signed by Judge James M. Moody Jr. on 2/23/2016. (sjh) (Entered: 02/23/2016)

AMENDED ANSWER to 1 Complaint, by Mark Martin (jap) (Entered: 02/24/2016)

Order on Motion for Leave to File

Joint MOTION to Extend Time to File Rule 26(f) Report by All Defendants (Kelly, A.) (Entered: 02/24/2016)

ORDER: Plaintiffs' 16 Motion for Preliminary Injunction and 18 Amended Motion for Preliminary Injunction are DENIED. Defendant's 9 Motion to Dismiss is DENIED in part and GRANTED in part. The 27 Joint Motion to Extend Time to file the Rule 26(f) Report is GRANTED. Signed by Judge James M. Moody Jr. on 2/25/2016. (mcz) (Entered: 02/25/2016)

AMENDED INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 4/22/2016 ; Rule 26(f) Report due by 5/6/2016. Proposed Bench Trial set sometime during the week of 8/22/2016 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.Signed at the Direction of the Court on 4/18/2016. (Attachments: # 1 Proposed Final Scheduling Order)(kog) (Entered: 04/18/2016)

REPORT of Rule 26(f) Planning Meeting by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. and Mark Martin, Secretary of State for Joint Report (Linger, James) (Entered: 05/05/2016)

MOTION for Leave to File Second Amended Answer and Affirmative Defenses filed by Mark Martin. (mef) (Entered: 05/09/2016)

BRIEF IN SUPPORT re 31 Motion for Leave to File Second Amended Answer filed by Mark Martin. (mef) (Entered: 05/09/2016)

NOTICE of RULE 16 TELEPHONE CONFERENCE set for 5/11/2016 at 2:00 PM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.(kog) (Entered: 05/10/2016)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:TELEPHONE CONFERENCE held on 5/11/2016. Trial to be moved to July 11, 2016. Amended Final Scheduling Order to follow. Counsel for Plaintiffs - William Hyman, James Linger; Counsel for Defendant - A.J. Kelly; Andres Rhodes (Court Reporter Karen Baker.) (kog) (Entered: 05/11/2016)

NOTICE of Appearance by Andres Fernando Rhodes on behalf of Mark Martin (jap) (Entered: 05/12/2016)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 31 Motion for Leave to File Second Amended Answer. The Answer should be filed on or before May 18, 2016. Signed by Judge James M. Moody Jr. on 5/12/2016. (sjh) (Entered: 05/12/2016)

FINAL SCHEDULING ORDER: Bench Trial set for 7/11/2016 at 9:00 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 5/24/2016; Motions due by 6/17/2016; Pretrial Disclosure Sheet due by 6/17/2016; Status Report due by 6/3/2016. Signed at the Direction of the Court on 5/12/2016. (kog) (Entered: 05/12/2016)

SECOND AMENDED ANSWER to 1 Complaint, by Mark Martin (jap) (Entered: 05/13/2016)

Order on Motion for Leave to File

AMENDED FINAL SCHEDULING ORDER: Bench Trial set for 7/11/2016 at 9:00 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 6/3/2016; Motions due by 6/17/2016; Pretrial Disclosure Sheet due by 6/17/2016. Signed at the Direction of the Court on 5/13/2016. (kog) (Entered: 05/13/2016)

STATUS REPORT JOINT (Plaintiffs and Defendant) by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 06/03/2016)

PRETRIAL DISCLOSURE SHEET by Mark Martin. (Kelly, A.) (Entered: 06/16/2016)

PRETRIAL DISCLOSURE SHEET of Plaintiffs by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 06/17/2016)

TRANSCRIPT of Hearing on Motions Proceedings held on February 19, 2016, before Judge Jay Moody. Court Reporter Cheryl Nelson Kellar. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 7/1/2016. Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016. (plm) (Entered: 06/21/2016)

PRETRIAL DISCLOSURE SHEET - Supplemental by Mark Martin. (Kelly, A.) (Entered: 06/28/2016)

STIPULATION Joint Stipulations of Fact by Robert Chris Hayes, Libertarian Party of Arkansas, Michael Pakko, Debrah Standiford, Kristin Vaughn. (Linger, James) (Entered: 07/05/2016)

CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:BENCH TRIAL held on Monday, 7/11/2016. Following witness testimony and receipt of evidence, matter taken under advisement. James Linger and William Hyman present for Plaintiffs; A. J. Kelly present for Defendant. (Court Reporter Karen Baker.) (kog) (Entered: 07/11/2016)

RECEIPT for Exhibits by Plaintiffs (kog) (Entered: 07/11/2016)

RECEIPT for Exhibits by Defendant (kog) (Entered: 07/11/2016)

ORDER finding that the Arkansas statutory scheme for ballot access for new political parties is unconstitutional. Plaintiffs' request for injunctive relief is denied. Signed by Judge James M. Moody Jr. on 07/15/2016. (rhm) (Entered: 07/15/2016)

JUDGMENT Pursuant to the Court's findings of facts and conclusions of law set forth in the 49 Order entered on 7/15/2016, judgment is entered in favor of the Plaintiffs. Plaintiffs' request for injunctive relief is denied. The Clerk is directed to close the case. Signed by Judge James M. Moody Jr. on 7/18/2016. (mcz) (Entered: 07/18/2016)

First MOTION for Costs Bill of Costs with Attachments-Plaintiffs' Exhibits 1 and 2 by All Plaintiffs (Linger, James) (Entered: 07/27/2016)

BRIEF IN SUPPORT re 51 Motion for Costs Memorandum Brief in Support of Verified Bill of Costs with Attachment-Plaintiffs' Exhibit A filed by All Plaintiffs. (Linger, James) (Entered: 07/27/2016)

First MOTION for Attorney Fees by All Plaintiffs (Linger, James) (Entered: 07/29/2016)

BRIEF IN SUPPORT re 50 Judgment, 53 Motion for Attorney Fees filed by All Plaintiffs. (Attachments: # 1 Exhibit 1- Hyman Affidavit, # 2 Exhibit 2- Hyman Time Sheet, # 3 Exhibit 3- Linger Affidavit, # 4 Exhibit 4 - Linger Time Sheet, # 5 Exhibit 5 - LInger Non-Taxable Costs and Expenses)(Linger, James) (Entered: 07/29/2016)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

OBJECTIONS and Response to Plaintiffs' Bill of Costs by Mark Martin re 51 . (jap) (Entered: 08/11/2016)

MEMORANDUM BRIEF IN SUPPORT of Defendant's Objections and Response to Plaintiffs' Bill of Costs 55 filed by Mark Martin. (jap) (Entered: 08/11/2016)

OBJECTIONS and Response by Mark Martin re 53 Motion for Attorney Fees. (jap) (Entered: 08/12/2016)

BRIEF IN SUPPORT re 57 Objections and Response filed by Mark Martin. (jap) (Entered: 08/12/2016)

MOTION to Alter or Amend Findings and Conclusions Pursuant to Federal Rule of Civil Procedure 52(b); Motion to Alter or Amend Judgment Pursuant to Federal Rule of Civil Procedure 59(e), and MOTION for Relief From Judgment Pursuant to Federal Rule of Civil Procedure 60(b) by Mark Martin (jap) (Entered: 08/12/2016)

BRIEF IN SUPPORT re 59 Motion to Alter or Amend, and Motion for Relief, filed by Mark Martin. (jap) (Entered: 08/12/2016)

RESPONSE and Memorandum Brief in Opposition to Defendant's 55 Objections and Response to Plaintiffs' Bill of Costs by All Plaintiffs (Linger, James) (Docket text modified on 8/23/2016 to correct the description of the document filed and establish linkage).(jak) (Entered: 08/16/2016)

RESPONSE and Memorandum Brief in Opposition to Defendant's 57 Objections and Response to Plaintiffs' Request for Attorney Fees filed by All Plaintiffs. (Linger, James)(Docket text modified on 8/23/2016 to correct the description of the document filed and to establish linkage). (jak) (Entered: 08/22/2016)

NOTICE OF DOCKET CORRECTION re 61 and 62 RESPONSES. CORRECTION: The docket entry 61 was modified to correct the filing event and the description of the document filed as "RESPONSE and Memorandum Brief in Opposition to Defendant's 55 Objections and Response to Plaintiffs' Bill of Costs by All Plaintiffs" as marked on the document. The docket entry 62 was modified to correct the description of the document filed as "RESPONSE and Memorandum Brief in Opposition to Defendant's 57 Objections and Response to Plaintiffs' Request for Attorney Fees filed by All Plaintiffs" as marked on the document. (jak)

RESPONSE in Opposition re 59 MOTION to Amend/Correct MOTION for Relief Plaintiffs' Response and Memorandum Brief in Opposition to Defendant's Motion to Alter or Amend filed by All Plaintiffs. (Linger, James) (Entered: 08/26/2016)

REPLY to Response to Motion re 59 MOTION to Alter or Amend Filings filed by Mark Martin. (scw) (Entered: 09/02/2016)

ORDER granting Plaintiffs' 51 Motion for Costs, and granting in part Plaintiffs' 53 Motion for Attorney Fees. Plaintiffs are awarded $27,475.00 for Mr. Linger's fee, $1,216.00 for Mr. Hyman's fee, $217.38 for non-taxable costs, and $711.00 for costs pursuant to 28 U.S.C. ยง 1920, for a total of $29,619.38. Defendant's 59 Motion to Alter or Amend is denied. Signed by Judge James M. Moody Jr. on 9/12/2016. (mcz) (Entered: 09/12/2016)

NOTICE OF APPEAL as to 49 Order, 50 Judgment, and 65 Order, by Mark Martin. Filing fee $ 505, receipt number LIT058559. (fcd) (Entered: 09/28/2016)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to Mark Martin re 66 Notice of Appeal, 65 Order, 50 Judgment, and 49 Order. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (fcd) (Entered: 09/28/2016)

USCA Docketing Letter and Briefing Schedule as to 66 Notice of Appeal filed by Mark Martin. USCA Case Number 16-3794. Transcript due by 11/9/2016. (fcd) (Entered: 09/30/2016)

TRANSCRIPT REQUEST by Mark Martin for proceedings held on 7/11/2016 before Judge James M. Moody Jr. (fcd) (Entered: 09/30/2016)

Transcript of Bench Trial filed for date of July 11, 2016, before Judge James M. Moody Jr., re 66 Notice of Appeal. Court Reporter Karen Baker. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 10/24/2016. Redaction Request due 11/4/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/12/2017. (plm) (Entered: 10/14/2016)

Transmitted Record on Appeal to US Court of Appeals re 66 Notice of Appeal: Transcript of 7/11/2016 Bench Trial (Docket Entry 70 .) (mcz) (Entered: 11/07/2016)

OPINION of USCA as to 66 Notice of Appeal filed by Mark Martin. (mcz) (Entered: 11/30/2017)

USCA JUDGMENT as to 66 Notice of Appeal filed by Mark Martin: The court's order dated 7/15/2016 and judgment dated 7/18/2016 are vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. The district court's 9/12/2016 order awarding costs and attorney's fees is affirmed. (mcz) (Entered: 11/30/2017)

ORDER vacating Court's Order of 7/15/2016 and Judgment of 7/18/2016; dismissing the Complaint as moot; affirming the Court's Order dated 9/12/2016 awarding attorneys' fees and costs to Plaintiff in amount of $29,619.38; and granting 76 Defendant's Motion. Signed by Judge James M. Moody Jr. on 4/24/2018. (cmn)