IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

Similar documents
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

Others Present: Susan Inman Bryan Poe, Pulaski County Election Commission Shawn Camp, Pulaski County Election Commission

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

COMPLAINT NATURE OF THE ACTION PARTIES

IN THE ARKANSAS SUPREME COURT MARK MARTIN, SECRETARY OF STATE INTERVENORS FIRST AMENDED CROSS-CLAIM

SUPREME COURT OF ARKANSAS

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS COMPLAINT. Plaintiff Michael Landers, by and through his attorneys, for his

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

Case: 2:13-cv MHW-TPK Doc #: 91 Filed: 03/25/14 Page: 1 of 26 PAGEID #: 2237

~'

Case 4:18-cv KGB Document 26 Filed 04/09/18 Page 1 of 5

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA CASE NO: 07-64

DEPOSITIONS UPON ORAL EXAMINATION. Notice; Method of Taking; Production at Deposition.

IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS DIVISION ONE

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA DEFENDANT/COUNTERCLAIMANT S MOTION FOR PROTECTIVE ORDER

Case 3:05-cv Document 22 Filed 06/09/2006 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

MOTION FOR ATTORNEY S FEES AND COSTS FROM CITY OF FORT COLLINS

Information or instructions: Motion Consent of Client & Order to substitute counsel PREVIEW

Case: 5:14-cv JRA Doc #: 33 Filed: 02/23/15 1 of 5. PageID #: 299 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

BEFORE THE ARKANSAS COMMISSION ON POLLUTION CONTROL AND ECOLOGY MOTION TO CONTINUE PRELIMINARY HEARING

In The United States District Court For The Southern District of Ohio Eastern Division. Answer

MOTION FOR TELEPHONE TESTIMONY OF W. SCOTT ROCKEFELLER WITH REQUEST FOR EXPEDITED RULING

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT. MRS. LORENE JOSHUA, et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF (****) Case No. The Discovery Status Conference came before Discovery Referee on.

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

Case 4:82 cv DPM Document 4737 Filed 04/30/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. CASE NO.: Civ-Martinez

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION. vs. CAUSE NO. IP T/L

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

Rules of Appellate Procedure, and files this Motion for Rehearing of the decision rendered by the

Docket Number: 1076 ASSESSMENT SYSTEMS, INC. Aaron Jay Beyer, Esquire VS.

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 4:18-cv KGB-DB-BSM Document 14 Filed 03/02/18 Page 1 of 6 FILED

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS. v. Case No. CLASS ACTION COMPLAINT

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS. v. Case No. CLASS ACTION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 2:15-cv CRE Document 64 Filed 11/16/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 4:03-cv GTE Document 16 Filed 09/22/03 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS SEBASTIAN/MELBOURNE DISTRICT OFFICE

Legal 145b FINAL EXAMINATION. Prepare a Motion to Quash Subpoena.

Case 3:12-cv HTW-LRA Document 39 Filed 07/05/12 Page 1 of 5

Case: 2:13-cv MHW-TPK Doc #: 130 Filed: 07/08/14 Page: 1 of 9 PAGEID #: 2883

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY CIVIL CASE MANAGEMENT SCHEDULING ORDER

Federal Rules of Civil Procedure

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. Defendants. PLAINTIFF S MOTION FOR EXPEDITED DISCOVERY

Honorable R. Stanton Wettick, Jr. COMPLEX CASES. See Local Rule 249(1).

Case 4:15-cv DPM Document 25 Filed 05/06/16 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

JUSTICE JEFFREY K. OING PART 48 PRACTICES AND PROCEDURES

PLAINTIFFS OBJECTION TO FRANK AVELLINO S NOTICE OF PRODUCTION TO NON-PARTY UNDER RULE 1.351

IN THE CIRCUIT COURT OF COUNTY, ARKANSAS DIVISION PLAINTIFF DEFENDANT S RESPONSES TO PLAINTIFF S REQUEST FOR ADMISSION OF FACTS

Docket Number: FC JEAN ZEPPI. Pasco L. Schiavo, Esquire VS. COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA STATE POLICE

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 1:07-cv SS Document 9 Filed 03/13/2007 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO

Case 3:08-cv P Document 43 Filed 05/01/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: CV-T-26-MAP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * CIVIL ACTION * * NO. * IN RE SEARCH AND SEIZURE * JUDGE * * MAGISTRATE COMPLAINT

U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:01-cv WRW

RULES OF SUPREME COURT OF VIRGINIA PART ONE RULES APPLICABLE TO ALL PROCEEDINGS

Depositions upon oral examination. A. When depositions may be taken. After commencement of the action, any party may take the testimony of any

THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION. v. CIVIL ACTION NO: 2:11-CV-7-NBB-SAA

Defendant State of Missouri s Motion for Summary Judgment

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

IN THE CIRCUIT COURT OF STODDARD COUNTY, MISSOURI

Docket Number: 3916 COMMONWEALTH OF PENNSYLVANIA, STATE SYSTEM OF HIGHER EDUCATIION, SHIPPENSBURG UNIVERSITY

EMERGENCY RULES FOR VOTER IDENTIFICATION (Effective January 1; Revised March 4, 2014)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

Courtroom Guidelines, Procedures and Expectations for Civil Cases Assigned to Judge Elizabeth A. Metzger Courtroom B, Okeechobee County Courthouse

Case 6:16-cv RP Document 493 Filed 08/23/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Supreme Court of the State of New York County of Nassau IAS Trial Part 22 Part Rules Updated: January 25, 2018

IN THE CIRCUIT COURT OF GARLAND COUNTY, ARKANSAS FIRST DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION. JUDGE GREGORY L. FROST v. Magistrate Judge Terence P. Kemp OPINION AND ORDER

DISCOVERY & E-DISCOVERY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. CIVIL ACTION NO. 1:08cv600-HSO-LRA

IN THE CIRCUIT COURT OF NEWTON COUNTY, ARKANSAS CIVIL DIVISION THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION'S RESPONSE TO NOTICE OF APPEAL

IN THE CIRCUIT COURT OF WASHINGTON COUNTY. FAYETTEVILLE SCHOOL DISTRICT NO. 1, OF WASHINGTON COUNTY, ARKANSAS and VICKI THOMAS

CAUSE NO CAUSE NO

Transcription:

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION ELECTRONICALLY FILED 2014-Apr-25 14:52:04 60CV-14-1495 C06D06 : 5 Pages FREEDOM KOHLS; TOYLANDA SMITH; JOE FLAKES; and BARRY HAAS PLAINTIFFS vs. Case No. 60CV-14-1495 MARK MARTIN, in his official capacity as Secretary of State for the State of Arkansas and his official capacity as Chairman of the Arkansas State Board of Election Commissioners; RHONDA COLE, C.S. WALKER, JAMES HARMON SMITH, III, STUART SOFFER, BARBARA MCBRYDE, and CHAD PEKRON in their official capacities as Commissioners of the Arkansas State Board of Election Commissioners DEFENDANTS PLAINTIFFS MOTION TO QUASH SUBPOENAS AND DEPOSITION NOTICES AND FOR A PROTECTIVE ORDER Come now Plaintiffs and pursuant to Rules 45(b) and 26(c) of the Rules of Civil Procedure, move this Court for an Order quashing three discovery pleadings: (1) the notices of depositions for the Plaintiffs; (2) the subpoena that has been or will be issued to Rick Hogan, Arkansas Department of Health; and (3) the subpoena that has been or will be issued to Breck Hopkins, Arkansas Department of Human Services: 1. A hearing is currently scheduled in this case on Plaintiffs Motion for Preliminary Injunction seeking a ruling on their facial challenge to the new proof of identity qualifications contained in Act 595 of 2013. As alleged, those proof of identity qualifications are unconstitutional and have been ruled so by this Court in another case. 1

2. On Wednesday April 23, 2014, Counsel for Separate Defendant Martin provided Counsel for Plaintiffs a copy of a subpoena addressed to Rick Hogan, Arkansas Department of Health. See Exhibit A (addresses of Plaintiffs are redacted) In that subpoena, Defendant Martin sought, among other documents and information, Any and all records indicating whether any of the individuals listed below have received any services or benefits from the Department of Health or its providers, or both, and what type of services and benefits received (i.e. WIC, etc.) 3. Information and documentation related to what governmental benefits that the Plaintiffs may or may not have received is not relevant to the issues in this action, nor is it reasonably calculated to lead to relevant, admissible, or discoverable evidence in this case. Thus, pursuant to Rule 26(b)(1) of Arkansas Rules of Civil Procedure, this subpoena should be quashed. In addition, pursuant to Rule 26(c) of Arkansas Rules of Civil Procedure, a protective order should be issued to quash the subpoena based upon the fact that the subpoena seeks information that seeks to annoy, harass, and embarrass the Plaintiffs. 4. On Wednesday April 23, 2014, Counsel for Separate Defendant Martin provided Counsel for Plaintiffs a copy of a subpoena addressed to Breck Hopkins, Arkansas Department of Human Services. See Exhibit B (addresses of Plaintiffs are redacted) In that subpoena, Defendant Martin sought, among other documents and information: Any and all records indicating whether any of the individuals listed below have received any services or benefits from the Department of Human Services or its providers, or both, and what type of services and benefits received (i.e. SNAP, Medicaid, Medicare, etc.) 2

5. Information and documentation related to what governmental benefits that the Plaintiffs may or may not have received is not relevant to the issues in this action, nor is it reasonably calculated to lead to relevant, admissible, or discoverable evidence in this case. Thus, pursuant to Rule 26(b)(1) of Arkansas Rules of Civil Procedure, this subpoena should be quashed. In addition, pursuant to Rule 26(c) of Arkansas Rules of Civil Procedure, a protective order should be issued to quash the subpoena based upon the fact that the subpoena seeks information that seeks to annoy, harass, and embarrass the Plaintiffs. 6. None of these public benefits provide any type of documentation or identification that would qualify as proof of identity pursuant to Act 595. 7. In addition, on Tuesday April 22, 2014, Separate Defendant Martin sent, sua sponte, notices of deposition for all of the Plaintiffs for May 2, 2014. These notices were sent without any notice or agreement upon the dates, times, or location. Though counsel was working to try to reschedule these depositions, counsel for Plaintiffs must now object to these depositions. On Friday April 25, 2014, Counsel for Defendants and Counsel for Plaintiffs discussed the depositions and the lack of need for these depositions related to the motion for preliminary injunction that raises a facial challenge. Though Counsel for Plaintiffs indicated that the Motion for Preliminary Injunction was based upon a facial challenge, Counsel for Defendants still desired to depose the Plaintiffs before the hearing on Plaintiffs Motion for Preliminary Injunction. As this is a facial challenge, depositions of Plaintiffs are not needed at this time. 8. In addition to the subpoenas that were issued, Separate Defendant Martin propounded discovery on Plaintiffs. In that discovery, Defendant Martin sought, among 3

other things, Plaintiffs state and federal tax returns. See Exhibit C. Plaintiffs tax returns are of no discovery relevance or evidentiary value on this voting rights matter, especially at this juncture. Given the subpoenas and discovery, Counsel for Plaintiffs is concerned about Counsel for Defendants seeking information (whether via subpoena or by deposition) about these matters; especially given that Defendants have not answered or otherwise responded to the Complaint or the Preliminary Injunction pleadings. Thus, Plaintiffs request that said notices of depositions be quashed at this time. 9. Pursuant to Rule 26(c) of the Rules of Civil Procedure, Plaintiffs request this Court to order that the subpoenas and notices of depositions be quashed, and for a protective order prohibiting these types of discovery at this time. WHEREFORE, Plaintiffs respectfully requests this Court grant this motion and for all other and proper relief. Respectfully Submitted, By: /s/ Jeff Priebe Jeff R. Priebe (AR 2001124) jpriebe@jamescarterlaw.com James, Carter & Coulter, PLC 500 Broadway, Suite 400 Little Rock, AR 72201 Telephone: (501) 372-1414 Facsimile: (501) 372-1659 On behalf of the Arkansas Civil Liberties Union Foundation, Inc. and the Arkansas Public Law Center ATTORNEYS FOR PLAINTIFFS 4

CERTIFICATE OF SERVICE I, Jeff Priebe, certify on this 25th day of April, 2014, that a copy of the foregoing was served via Arkansas Judiciary Electronic Filing service upon the following as indicated: Martha Adcock, Esq., General Counsel martha.adcock@sos.arkansas.gov L. Justin Tate, Esq., Associate General Counsel justin.tate@sos.arkansas.gov Secretary of State State Capitol, Suite 256 Little Rock, AR 72201 Attorneys for Separate Defendant Mark Martin /s/ Jeff Priebe Jeff Priebe 5