United States District Court, E.D. Arkansas, Western Division
ORDER AND NOTICE OF HEARING
Kristine G. Baker, United States District Judge.
Pending
before the Court is plaintiffs' motion for a temporary
restraining order and/or preliminary injunction (Dkt. No. 2).
Also pending is defendants' opposed motion to extend
certain deadlines, to which plaintiffs responded in
opposition (Dkt. Nos. 19, 25).
Plaintiffs'
complaint and request for temporary restraining order and/or
preliminary injunction was filed on June 26, 2019 (Dkt. Nos.
1, 2). Plaintiffs challenge Arkansas Act 493 of 2019, to be
codified at Arkansas Code Annotated §§
20-16-2003(9), -2004(b); (ii) Act 619 of 2019, to be codified
at Arkansas Code Annotated § 20-16-2003; and (iii) Act
700 of 2019, to be codified at Arkansas Code Annotated §
20-16-605 (the “Acts”) (Dkt. No. 2-1, at 2). The
Acts take effect on July 24, 2019 (Id.), meaning the
Court must hear and consider plaintiffs' claims and any
defenses defendants wish to raise in response to those claims
and issue a ruling prior to July 24, 2019.
Defendants
assert that “[p]laintiffs made a strategic decision to
delay filing this lawsuit” and ask the Court to grant
defendants a short extension of time to respond to the
complaint and to plaintiffs' motion for temporary
restraining order and/or preliminary injunction (Dkt. No. 19,
at 1). Defendants also ask the Court to schedule a hearing on
the motion for temporary restraining order and/or preliminary
injunction on July 22, 2019, or July 23, 2019 (Id.).
In response, plaintiffs argue that defendants' scheduling
request is “self-serving” and that the Court
should either: (1) enforce the deadlines that automatically
apply under the Federal Rules of Civil Procedure and the
Local Rules of the United States District Court for the
Eastern and Western Districts of Arkansas; or (2)
simultaneously grant defendants' request for an extension
and plaintiffs' motion for a temporary restraining order
(Dkt. No. 25).
Given
the situation and the schedule the situation presents, the
Court denies defendants' request to extend to July 22,
2019, defendants' time to respond to the complaint and to
respond to the request for temporary restraining order and/or
preliminary injunction (Dkt. No. 19). The Court also denies
plaintiffs' request that the Court, if it grants
defendants' request for an extension, also grant
plaintiffs' motion for temporary restraining order (Dkt.
No. 25).
Instead,
the Court sets the following schedule:
• Defendants' responsive pleading remains due on
July 18, 2019, which is the date defendants represent that
pleading is to be filed (Dkt. No. 19, at 3).
• Defendants' response to plaintiffs' motion for
temporary restraining order and/or preliminary injunction-if
it chooses to file one-is due by 9:00 a.m. C.T. on Wednesday,
July 17, 2019.
• Plaintiffs' reply brief in support of their motion
for temporary restraining order and/or preliminary
injunction-if it chooses to file one-is due by 9:00 a.m. C.T.
on Friday, July 19, 2019.
• The Court grants defendants' request to conduct a
hearing on plaintiffs' motion for a temporary restraining
order and/or preliminary injunction on July 22, 2019 (Dkt.
No. 19) and will conduct a hearing on the motion for
temporary restraining order and/or preliminary injunction on
Monday, July 22, 2019, at 9:00 a.m. The Court has one full
day to hear this matter, and the Court will limit the
parties' presentations of evidence and argument in
advance to comply with these time requirements, if necessary.
Prior
to the hearing, the Court directs the parties to exchange
copies of exhibits they intend to present, or a list of
exhibits if copies have already been provided, and written
lists of witnesses they will or may call at hearing by 12:00
noon C.T. on Thursday, July 18, 2019. If the parties wish to
present rebuttal exhibits or witnesses at the hearing, the
parties shall submit such rebuttal exhibits and written lists
of such rebuttal witnesses by 12:00 noon C.T. on Friday, July
19, 2019. In these lists, which should be filed of record
with the Court, the parties should disclose if the witnesses
they intend to call are appearing by agreement or by
subpoena.
If any
party objects to the Court's consideration of exhibits
already in the record in this matter, such objections must be
made in writing and filed by 8:00 a.m. C.T. on Monday, July
22, 2019, and any responses to such objections must be made
on the record at the hearing on the ...