Arkansas Western District Court
Judge:Timothy L Brooks
Case #: 3:24-cv-03038
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Sep 11, 2024
Last checked: Monday Mar 10, 2025 3:15 AM CDT
Defendant
John Ainsworth
Represented By
Sara L. Monaghan
Arkansas Municipal League
contact info
Defendant
Bull Shoals, City of
Represented By
Sara L. Monaghan
Arkansas Municipal League
contact info
Defendant
David Hotchkiss
Defendant
David Nixon
Represented By
Sara L. Monaghan
Arkansas Municipal League
contact info
Defendant
Dustin Sanders
Represented By
Sara L. Monaghan
Arkansas Municipal League
contact info
Plaintiff
Charles Ferrell
Represented By
Lucien R. Gillham
Sutter & Gillham, P.L.L.C.
contact info
Luther Oneal Sutter
Sutter & Gillham P.L.L.C.
contact info
Plaintiff
Brenna Ferrell
Represented By
Lucien R. Gillham
Sutter & Gillham, P.L.L.C.
contact info
Luther Oneal Sutter
Sutter & Gillham P.L.L.C.
contact info
TERMINATED PARTIES
Defendant
Nick Knopic
Terminated: 12/09/2024

GPO Mar 04 2025
ORDER Directing Plaintiffs to file an Amended Complaint by no later than 5pm on Friday, March 7, 2025. See Order for explanation. Signed by Honorable Timothy L. Brooks on March 4, 2025. (Brooks, Timothy)

Docket last updated: 05/15/2025 11:59 PM CDT
Wednesday, March 26, 2025
28 28 order Order on Motion to Dismiss Wed 03/26 4:44 PM
TEXT ONLY ORDER granting Plaintiffs'27 Motion to Voluntarily Dismiss Count I for false imprisonment and Count III for tortious interference WITHOUT PREJUDICE. Signed by Honorable Timothy L. Brooks on March 26, 2025. (ee)
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Tuesday, March 25, 2025
27 27 motion Dismiss Tue 03/25 2:38 PM
MOTION to Dismiss Plaintiff's Motion to Dismiss Claim for False Imprisonment and Tortious Interference Claim without Prejudice by Brenna Ferrell, Charles Ferrell. (Gillham, Lucien)
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Wednesday, March 19, 2025
26 26 answer Answer to Amended Complaint Wed 03/19 3:29 PM
ANSWER to20 Amended Complaint with Jury Demand by John Ainsworth, Bull Shoals, City of, David Nixon, Dustin Sanders.(Monaghan, Sara)
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25 25 2 pgs order Order Setting/Resetting Hearings Wed 03/19 10:59 AM
ORDER Setting Hearings: Settlement Conference set for 3/6/2026 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. NOTE: ALL Parties are ORDERED TO ATTEND IN PERSON, per24 Case Management Order. Signed by Honorable Christy D. Comstock on March 19, 2025. (rg)
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Thursday, March 13, 2025
24 24 order Final Scheduling Order Thu 03/13 4:47 PM
CASE MANAGEMENT ORDER: Final Pretrial Conference set for 4/3/2026 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Jury Trial set for 4/13/2026 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on March 13, 2025. (mbm)
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Wednesday, March 12, 2025
23 23 1 pgs order Order to Show Cause Wed 03/12 4:34 PM
ORDER TO SHOW CAUSE as to why certain claims should not be dismissed sua sponte. Show Cause Response due by 3/25/2025. Signed by Honorable Timothy L. Brooks on March 12, 2025. (mbm)
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22 22 order Order on Motion to Dismiss for Failure to State a Claim Wed 03/12 1:49 PM
TEXT ONLY ORDER finding as moot14 Motion to Dismiss for Failure to State a Claim due to the filing of an amended complaint. Signed by Honorable Timothy L. Brooks on March 12, 2025. (ee)
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Monday, March 10, 2025
21 21 minutes Case Management Hearing Mon 03/10 3:59 PM
TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held via TEAMS on 3/10/2025. Related [+] (bjb)
Related: [-] becca Ross-Court Reporter
Friday, March 07, 2025
20 20 cmp Amended Complaint Fri 03/07 3:58 PM
AMENDED COMPLAINT with Jury Demand as to2 Complaint, against All Defendants , filed by Charles Ferrell, Brenna Ferrell. Related document:2 Complaint, filed by Brenna Ferrell, Charles Ferrell.(Sutter, Luther)
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Wednesday, March 05, 2025
utility Set/Reset Deadlines Wed 03/05 11:02 AM
Set Deadline: Amended Complaint due by 3/7/2025.(mll)
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Tuesday, March 04, 2025
19 19 2 pgs order Order Tue 03/04 5:58 PM
ORDER Directing Plaintiffs to file an Amended Complaint by no later than 5pm on Friday, March 7, 2025. See Order for explanation. Signed by Honorable Timothy L. Brooks on March 4, 2025. (Brooks, Timothy)
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Monday, March 03, 2025
18 18 misc Report of Rule 26(f) Planning Meeting Mon 03/03 12:57 PM
JOINT REPORT of Rule 26(f) Planning Meeting by Brenna Ferrell, Charles Ferrell. (Gillham, Lucien)
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Tuesday, January 28, 2025
17 17 order Initial Scheduling Order Tue 01/28 7:40 AM
INITIAL SCHEDULING ORDER: Case Management Hearing set for 3/10/2025 02:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 3/3/2025. Signed by Honorable Timothy L. Brooks on January 28, 2025. (slc)
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Friday, January 24, 2025
16 16 7 pgs msupport Memorandum Brief in Support Fri 01/24 12:30 PM
MEMORANDUM BRIEF in Support of15 Response to Motion by Brenna Ferrell, Charles Ferrell. (Gillham, Lucien)
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15 15 respm Response to Motion Fri 01/24 12:29 PM
RESPONSE IN OPPOSITION TO Motion re14 MOTION to Dismiss for Failure to State a Claim filed by Brenna Ferrell, Charles Ferrell. (Gillham, Lucien)
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Friday, January 17, 2025
14 14 motion Dismiss for Failure to State a Claim Fri 01/17 9:31 AM
MOTION to Dismiss for Failure to State a Claim by David Hotchkiss. (tmc)
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Tuesday, January 14, 2025
13 13 answer Answer to Complaint (Attorney filed Complaint) Tue 01/14 1:59 PM
ANSWER to2 Complaint, with Jury Demand by Dustin Sanders, David Nixon, John Ainsworth, Bull Shoals, City of.(Monaghan, Sara)
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Tuesday, December 17, 2024
12 12 order Order on Motion for Extension of Time to Answer Tue 12/17 4:40 PM
TEXT ONLY ORDER finding as moot9 Motion for Extension of Time to Answer. Signed by Honorable Timothy L. Brooks on December 17, 2024. (ee)
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11 11 order Order on Motion for Extension of Time to Answer Tue 12/17 4:39 PM
TEXT ONLY ORDER granting10 Motion for Extension of Time to Answer. John Ainsworth's, City of Bull Shoals's, David Nixon's, and Dustin Sanders's answers are now due on 1/14/2025. Signed by Honorable Timothy L. Brooks on December 17, 2024. (ee)
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10 10 motion Extension of Time to File Answer Tue 12/17 4:15 PM
Unopposed MOTION for Extension of Time to File Answer by Dustin Sanders, David Nixon, John Ainsworth, Bull Shoals, City of. (Monaghan, Sara)
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9 9 motion Extension of Time to File Answer Tue 12/17 4:10 PM
Unopposed MOTION for Extension of Time to File Answer by Dustin Sanders, David Nixon, John Ainsworth, Bull Shoals, City of. (Monaghan, Sara)
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8 8 notice Notice of Appearance Tue 12/17 4:09 PM
NOTICE of Appearance by Sara L. Monaghan on behalf of Dustin Sanders, David Nixon, John Ainsworth, Bull Shoals, City of. (Monaghan, Sara)
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Monday, December 09, 2024
7 7 order Order on Motion for Miscellaneous Relief Mon 12/09 5:14 PM
TEXT ONLY ORDER granting6 Motion for Relief. CLERK TO FOLLOW UP . The Court construes this motion as seeking voluntary dismissal of one party, Defendant Nick Knopic, without a Court order and prior to the filing of an answer, as contemplated by Federal Rule of Civil Procedure 41(a)(1)(A)(i). Accordingly, the Clerk of Court is DIRECTED to terminate Mr. Knopic as a Defendant to this lawsuit, and he is DISMISSED from the case. In addition, the motion requests a thirty-day extension of time to serve the remaining Defendants. This request for extension is GRANTED, and Plaintiffs are given until January 9, 2025, to effect service of the summons and Complaint. Signed by Honorable Timothy L. Brooks on December 9, 2024. (ee)
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Thursday, December 05, 2024
6 6 motion Miscellaneous Relief Thu 12/05 3:49 PM
MOTION to Correct Misnomer & Extend Time to Serve all Summons by Brenna Ferrell, Charles Ferrell. (Sutter, Luther)
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Thursday, November 21, 2024
5 5 service Summons Issued Thu 11/21 2:44 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to John Ainsworth, Bull Shoals, City of, David Hotchkiss, Nick Knopic, David Nixon, Dustin Sanders and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (jlm)
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Tuesday, October 01, 2024
4 4 service Summons Requested Tue 10/01 1:10 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS. ***DISREGARD - SUMMONS NOT PROVIDED FOR EACH DEFENDANT*** Summons Requested as to All Defendants for service of the following document: 2 Complaint,. (Sutter, Luther) Modified on 10/1/2024 (bjb)
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Wednesday, September 11, 2024
3 3 notice Magistrate Notice/Consent Form Wed 09/11 4:09 PM
Magistrate Notice/Consent Form (ria)
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2 2 cmp Complaint Wed 09/11 2:27 PM
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 405 receipt number AARWDC-3052140), filed by Brenda Ferrell, Charles Ferrell.(Sutter, Luther)
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Att: 1 sUMMONS,
Att: 2 SUMMONS,
Att: 3 SUMMONS,
Att: 4 SUMMONS,
Att: 5 SUMMONS,
Att: 6 SUMMONS,
Att: 7 SUMMONS,
Att: 8 SUMMONS,
Att: 9 SUMMONS,
Att: 10 SUMMONS
1 1 misc Civil Cover Sheet Wed 09/11 2:16 PM
CIVIL COVER SHEET by Brenda Ferrell, Charles Ferrell. Please proceed with filing your case initiating document(s). If the case initiating documents are not filed by Close of Business the next business day, this file may be closed. A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (ria)
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