Gibbs et al v. PrimeLending et al

Filing 96

PER CURIAM ORDER re: notice of acceptance of certification from Supreme Court of Arkansas re 92 Certification of Issue to State Court. Petitioners' brief is due 30 days from the date of this per curiam order. Respondent's brief is due 30 days thereafter; and Petitioners may file their reply within 15 days thereafter. (bkp)

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Gibbs et al v. PrimeLending et al Doc. 96 r ~AB"PuEl1:11 ~ ~t ' DIS~I~RRT .., >.J"\O I RN DISTRICT ARKANSAS SUPREME COURT OF ARKANS~ DEC I 7 2010 No. 1 0 - 1 2 5 0 S y . ES W · mMACK, CLERK DEPCLERK MARK AND KARLA GIBBS, PETITIONERS, Opinion Delivered 12-16-10 VS. PRIMELENDING, A PLAINS CAPITAL COMPANY, ET AL., RESPONDENTS, REQUEST TO CERTIFY QUESTION OF LAW CERTIFIED QUESTION ACCEPTED. PER CURIAM In accordance with section 2(D)(3) of A m e n d m e n t 80 to the Arkansas Constitution and Rule 6-8 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas, Honorable James M. Moody of the United States District Court for the Eastern District of Arkansas filed a motion and certification order with our clerk on December 6, 2010. The certifYing court requests that we answer a question of law that may be determinative of this case and as to which it appears there is no controlling precedent in the decisions of t h e Supreme Court of Arkansas. The question involved pertains to whether Arkansas's long arm statute allows application of c o n s p i r a c y jurisdiction. Conspiracy jurisdiction is based upon the theory that personal jurisdiction is proper over an out-of-state defendant in a forum where one of his or her co-conspirators has acted as the defendant's agent in furtherance of t h e conspiracy. After a review of the certifying court's analysis and explaination of the need for this court to answer the question of l a w presently pending in that court, we accept certification of the following question, as herein formulated: 1) Whether the use of the conspiracy theory of in personam jurisdiction violates Arkansas Code Annotated section 16-14-101. This per curiam order constitutes notice of our acceptance of the certification of the question of law. For purposes of the pending proceeding in this court, the following requirements are imposed: A. Time limits under Ark. Sup.Ct. R. 4-4 will be calculated from the date of this per curiam order accepting certification. The plaintiffs in the underlying action, Mark and Karla Gibbs, are designated the moving party and will be denoted as the "Petitioners," and their brief is due thirty days from the date of this per curiam; the defendants, Primelending, A Plains Capital Company, ;:Ind others, shall be denoted as the "Respondents," and their brief shall be due thirty days after the filing of P e t i t i o n e r s ' brief. Petitioners may file a reply brief w i t h i n fifteen days after Respondents' brief is filed. B. The briefs shall comply with this court's rules as in other cases except for the briefs' content. Only the following items required in Ark. Sup. C t . R. 4-2(a) shall be included: (3) Point on appeal which shall correspond to the certified question oflaw to be answered in the federal district court's certification order. (4) Table of a u t h o r i t i e s . (6) Statement of the case which shall correspond to the £lcts relevant to the certified question of law as stated in the federal district court's certification order. (7) Argument. (8) Addendum. -2- 10-1250 (9) Cover for briefs. C. Oral argument will only be permitted if this court concludes that it will be helpful for presentation of t h e issue. D. Ark. Sup. Ct. R. 4-6 with respect to amicus curiae briefs will apply. E. This matter will be processed as any case on appeal. F. R u l e X I V o f t h e Rules G o v e r n i n g A d m i s s i o n t o the B a r shall apply t o ' t h e attorneys for the Petitioners and Respondents. Pursuant to Arkansas Supreme Court Rule 6-8(d), we request that the parties include in an Addendum the following pleadings: the complaint; the answer, if any; the motion to dismiss; and any responses, replies, and briefs in support thereof In addition, if the parties believe that any additional pleadings will be useful to our understanding of the legal issues presented in this certified question, those pleadings should be included as well. Certified Question Accepted. -3- 10-1250

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