We Are America/Somos America Coalition of Arizona et al v.Maricopa County Board of Supervisors, et al.
Case Number: 2:2006cv02816
Filed: November 21, 2006
Court: U.S. District Court for the District of Arizona
Office: Phoenix Division Office
Presiding Judge: Robert C Broomfield
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
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Date Filed Document Text
April 7, 2014 Opinion or Order Filing 158 ORDER pursuant to 157 Stipulation. Plaintiff shall have until, and including, 6/9/2014, to serve and file a memorandum and documentaiton in support of their motion for attorney's fees and non-taxiable costs (Doc. No. 141). Signed by Senior Judge Robert C Broomfield on 4/5/2014. (TLB)
February 3, 2014 Opinion or Order Filing 155 ORDER pursuant to 154 Stipulation, ORDERED that plaintiff shall have until and including 4/7/2014 to serve and file memorandum and documentation in support of their Motion for Attorney's Fees and Non-Taxable Costs (Doc. 141 ). Signed by Senior Judge Robert C Broomfield on 2/3/2014. (TLB)
September 27, 2013 Opinion or Order Filing 137 ORDER: Defendants' Motion for Summary Judgment 119 is DENIED; Plaintiffs' Motion for Summary Judgment 121 is GRANTED as to their first claim ("Federal Preemption"); Plaintiffs' second claim for relief ("Unlawful Search and Seizure; violation of 42 U.S.C. § 1983"), third claim for relief (Denial of Due Process; violation of 42 U.S.C. § 1983"); and fourth claim for relief ("Pendent State Claim: Violation of Ariz. Rev. Stat. §§ ; 13-2319 and 13-1003") are DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(a)(2); Plaintiffs' Motion for Class Certification pursuant to Fed.R.Civ. 23(b)(2) 122 is GRANTED in part and DENIED in part. The court certifies a class def ined as: "All individuals who pay taxes to Maricopa County and object to the use of county tax revenues to stop, detain, arrest, incarcerate, prosecute, or penalize individuals for conspiring to transport themselves, and themselves only, in viol ation of Ariz. Rev. Stat. § 13-2319." FURTHER ORDERED that Carlos Holguin and Peter A. Schey of the Center for Human Rights and Constitutional Law are appointed as lead class counsel. Plaintiffs are entitled to a declaration that federa l law preempts and renders invalid the Maricopa County Migrant Policy. Defendants Maricopa County Sheriff Joseph M. Arpaio and Maricopa County Attorney William G. Montgomery, and their agents, employees, successors in office, and all other persons who are in active concert or participation with the Maricopa County Sheriff's Office and the Maricopa County Attorney's Office, are permanently enjoined from further implementing the Maricopa Migrant Conspiracy Policy including detaining, arresting, and prosecuting persons for conspiring to transport themselves, and no one else, in violation of Ariz. Rev. Stat. § 13-2319. See Order for further details. Signed by Senior Judge Robert C Broomfield on 9/27/13.(SJF)
October 18, 2012 Opinion or Order Filing 125 ORDER that Defendants shall have until, and including, 10/30/12, to file their Response to Plaintiffs' Motion for Class Certification 122 re Stipulation 124 . Signed by Senior Judge Robert C Broomfield on 10/18/12. (TLJ)
June 21, 2012 Opinion or Order Filing 115 ORDER granting 114 Stipulation: IT IS HEREBY ORDERED granting an extension of time for the parties to depose non-expert witnesses until and including August 31, 2012, and for the filing of dispositive motions until and including October 1, 2012. Signed by Senior Judge Robert C Broomfield on 6/20/12. (LAD)
May 3, 2012 Opinion or Order Filing 110 ORDER granting 108 Stipulation: IT IS HEREBY ORDERED granting an extension of time for the parties to depose non-expert witnesses until and including June 30, 2012. Signed by Senior Judge Robert C Broomfield on 5/3/12. (LAD)
October 21, 2011 Opinion or Order Filing 91 RULE 16 SCHEDULING ORDER: Discovery due by 9/15/2012. Dispositive motions due by 10/1/2012. Proposed Pretrial Order due by 10/15/2012. Pretrial Conference set for 2/4/2013 at 10:30 AM before Judge Robert C Broomfield. Signed by Judge Robert C Broomfield on 10/21/11. (TLJ)
September 19, 2011 Opinion or Order Filing 84 ORDER SETTINT RULE 16 SCHEDULING CONFERENCE granting 79 Motion for Hearing. Scheduling Conference set for 10/17/2011 at 10:30 AM before Judge Robert C Broomfield. (See document for further details). Signed by Judge Robert C Broomfield on 9/19/11.(LAD)
August 18, 2011 Opinion or Order Filing 76 ORDER that the motion by defendants 68 , in which Maricopa County Attorney, William G. Montgomery, joins 72 , to dismiss the claims of the plaintiffs We Are America/Somos America Coalition of Arizona; Arizona Hispanic Community Forum; Friendly Hous e; Kyrsten Sinema; Steve Lujan; Cecilia Menjivar; an LaDawn Haglund is denied; but defendants' motion to dismiss 68 , in which Maricopa County Attorney, William G. Montgomery, joins 72 is granted as to plaintiffs League of United Latin American Citizens ("LULAC") and Steve Gallardo. Signed by Judge Robert C Broomfield on 8/17/11.(TLJ)
April 11, 2011 Opinion or Order Filing 71 ORDER - Based upon the foregoing, the court hereby ORDERS that no later than twenty (20) days from the date hereof the defendants shall file and serve a supplemental brief on the issue of whether this action has become moot. Additionally, within that same time frame defendant Montgomery shall advise the court as to whether or not he is joining in The Maricopa County Defendants' Motion to Dismiss the Claims of the Organizational and Taxpayer Plaintiffs (Doc. 68). IT IS FURTHER ORDERED that a responsive memoranda, if any, as well as a reply memoranda, if any, shall be filed and served and inall ways comply with the Rules of Practice of the United States District Court for the District of Arizona. Signed by Judge Robert C Broomfield on 4/11/11. (LAD)
January 13, 2009 Opinion or Order Filing 55 ORDER granting in its entirety dfts' 32 MOTION to Dismiss. Signed by Judge Robert C Broomfield on 1/12/2009. (LAD)
November 10, 2008 Opinion or Order Filing 53 ORDERED that defendants file and serve, within 10 days from the date of entry of this Order, a response to plaintiffs' supplemental memorandum as more fully described in the attached Order. Signed by Judge Robert C Broomfield on 11/10/08. (RCB)(.pdf document is attached)
September 30, 2008 Opinion or Order Filing 51 ORDER that Pla's 46 Motion is granted in part, to the extent they are seeking a pre-trial conference, and denied in part, to the extent they are seeking "complex track" designation pursuant to LRCiv 16.2(b)(4); Pla shall file a supplemental brief within 15 days of the date of entry of this order addressing the impact, if any, of dfts' supplemental authority (doc. 50) upon the outstanding DeCanas issue. Signed by Judge Robert C Broomfield on 09/29/08. (ESL)
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