Lange v. Martin

Cite as 2016 Ark. 303
SUPREME COURT OF ARKANSAS
No. CV-16-796
CHUCK LANGE and BILL WALMSLEY, Opinion Delivered September 14, 2016
INDIVIDUALLY AND ON BEHALF OF
COMMITTEE TO PROTECT
ARKANSAS VALUES/STOP CASINOS AN ORIGINAL ACTION
NOW
PETITIONERS
V.
MARK MARTIN, IN HIS OFFICIAL
CAPACITY AS SECRETARY OF STATE
OF THE STATE OF ARKANSAS
RESPONDENT
ARKANSAS WINS IN 2016, LLC, AN
ARKANSAS LIMITED LIABILITY
COMPANY, AND ARKANSAS
WINNING INITIATIVE, INC., AN
ARKANSAS NONPROFIT
SPECIAL MASTER REAPPOINTED;
CORPORATION; AND CYNTHIA R. BRIEFING SCHEDULE RESET.
STONE; JEFF CROCKETT; AND
LARRY J. WITCHER
INTERVENORS
PER CURIAM
On September 10, 2016, the duly appointed master in the above-captioned original
action withdrew. Lange v. Martin, 2016 Ark. 302 (per curiam). We therefore appoint a new
master and amend the briefing schedule accordingly.
Having previously ordered bifurcation of petitioner’s ballot-title and constitutional
issues in Counts I and II, and the signature challenges in Count III, only the briefing schedule
Cite as 2016 Ark. 303
with regard to Count III is affected. Petitioner’s brief concerning Counts I and II is still due
on September 16, 2016. Respondent’s and intervernors’ briefs concerning Counts I and II
shall be due seven days thereafter, on September 23, 2016. Petitioner’s reply brief is due
September 26, 2016. Oral argument is denied.
Count III raises issues of fact with regard to the validity of signatures. Arkansas
Supreme Court Rule 6-5(c) (2015) provides that evidence on issues of fact will be taken by
a master to be appointed by this court. Therefore, we appoint the Honorable John E. Jennings
as master and direct him to conduct such proceedings and hearings subject to, and in
accordance with, Rule 6-5(b) and Arkansas Rule of Civil Procedure 53 (2015), as are
necessary to determine whether the allegations contained in the petition are true. We further
direct him to file his report with this court by October 3, 2016. In the discharge of his duties,
the master has the authority to address the parties’ discovery motions.
Petitioners’ brief on Count III is due October 10, 2016. Respondent’s and
intervenors’ briefs are due on October 17, 2016. Petitioners’ reply brief is due on October
18, 2016.
It is so ordered.
GOODSON, J., not participating.
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