Text of Gulfside’s letter to Judge Fox 11-26-19
RE: Gulfside Casino Partnership v. Arkansas Department of Finance and Administration and Arkansas Racing Commission; In the Circuit Court of Pulaski County, Arkansas, Case No. 60CV-19-5832
Dear Judge Fox:
I write regarding Your Honor’s instructions at yesterday’s hearing that Gulfside Casino Partnership (“Gulfside”) either file a motion to transfer venue to Pope County or have its case delayed until approximately 650 pending cases on the Court’s docket are resolved. While I understand the Court’s concern about this case being heard in Pulaski County instead of Pope County, I cannot ethically move to transfer this case to Pope County, as Gulfside neither resides nor does business in Pope County.
In the hearing on Gulfside’s Motion to Transfer in Pope County Circuit Court on September 23, 2019, Judge William Pearson concluded that venue is not proper in Pope County based upon the Court’s factual finding that Gulfside, a Mississippi partnership, neither resides nor does business in Pope County, as required for venue under Ark. Code Ann. § 25-15-207(b). Though that finding is not included in Judge Pearson’s order, I have requested a transcript of the judge’s ruling and will provide it to the Court immediately upon receipt. Based upon Judge Pearson’s finding, a Gulfside motion to transfer venue to Pope County would require its counsel to knowingly make a material misrepresentation to this Court that venue is proper in Pope County when the Circuit Court of Pope County has already found that it is not. Such a statement would be a violation of counsel’s obligations under Rule 11, Ark. Rules Civil Pro.
As the Court is aware, Gulfside has filed a Motion for Preliminary Injunction, wherein it demonstrates that it will suffer irreparable harm, if the Racing Commission is not enjoined from issuing a license. I do not presume to represent to the Court that this case is any more or less important than the many other cases on the Court’s docket. Every case is of the utmost importance to its litigants. However, this is a case that requires an expeditious ruling, and Arkansas law provides for no other venue in which Gulfside can seek the relief necessary to preserve its claims. As such, Gulfside respectfully requests a one-hour hearing regarding the pending motions at the Court’s earliest convenience. I do not anticipate any witnesses will be called at the hearing. In the alternative, Gulfside does not oppose this Court’s ruling on the pending motions without a hearing, based upon the papers submitted by the parties.
Your Honor’s courtesy and attention to this matter are greatly appreciated.
With best regards, I am
Respectfully,
Kenneth P. “Casey” Castleberry