Donahoe et al v. Arpaio et al

Plaintiff: Mary Rose Wilcox, Earl Wilcox, Conley D Wolfswinkel, Brandon D Wolfswinkel, Ashton A Wolfswinkel, Vanderbilt Farms LLC, ABCDW LLC, Stone Canyon LLC, Vistoso Partners LLC, W Harquahala LLC, Gary Donahoe and Cherie Donahoe
Defendant: Unknown Parties, Joseph M Arpaio, Ava Arpaio, Andrew Thomas, Anne Thomas, Lisa Aubuchon, Peter R Pestalozzi, David Hendershott, Anna Hendershott, William Montgomery and Maricopa, County of
Case Number: 2:2010cv02756
Filed: December 21, 2010
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Neil V Wake
Nature of Suit: Other Civil Rights
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 5, 2013 1168 Opinion or Order of the Court ORDER denying Plaintiff Stapley's Motions for Partial Summary Judgment (Docs. 1056 , 1060 , and 1065 ). FURTHER ORDERED granting Defendant Arpaio's Motion for Summary Judgment (Doc. 1062 ) against Stapley's ninth claim for unconsti tutional policies, customs, failure to train, and negligent supervision. The motion is otherwise denied. FURTHER ORDERED granting Defendant Aubuchon's Motion for Summary Judgment (Doc. 1066 ) against Stapley's second and fifth claims for malicious prosecution and against his fourth claim for false arrest. The motion is otherwise denied. FURTHER ORDERED granting Defendant Hendershott's Motion for Summary Judgment (Doc. 1072 ) against Stapley's ninth claim for unconstitutio nal policies, customs, failure to train, and negligent supervision. The motion is otherwise denied. FURTHER ORDERED granting Defendant Thomas's Motion for Partial Summary Judgment (Doc. 1063 ) against Stapley's second and fifth claims for malicious prosecution and against his tenth claim for unlawful search. The motion is otherwise denied. See order for complete details. Signed by Judge Neil V. Wake on 12/5/13. (NKS)
October 11, 2013 1126 Opinion or Order of the Court ORDER that Defendants' Joint Motion to Exclude Plaintiff Expert Terry Goddard (Doc. 1044 ) is granted except that Mr. Goddard may testify to prosecutors' usual investigative practices and ethical duties, and he may compare Thomas and Aub uchon's investigation to them. He may not offer any opinions regarding the criminal prosecutions, and he may not refer to any prosecutorial standard of care, offer legal conclusions, or testify about Defendants' states of mind. See Order for further details. Signed by Judge Neil V Wake on 10/11/13.(SJF)
December 7, 2012 693 Opinion or Order of the Court ORDER that Defendant William Montgomery's Motion to Dismiss Wolfswinkel Plaintiffs' Amended Complaint for Failure to State a Claim (Doc. 592 ) is denied. See order for complete details. Signed by Judge Neil V. Wake on 12/07/12. (NKS)
August 28, 2012 572 Opinion or Order of the Court ORDER that the Maricopa County's 514 Amended Motion for Reconsideration is denied. IT IS FURTHER ORDERED that the Wolfswinkel Plaintiffs' 565 Motion to Set Aside is granted. The Wolfswinkel plaintiffs are given leave without further order of the Court to file an amended complaint by September 7, 2012, to name Montgomery as a defendant in this action. Signed by Judge Neil V Wake on 8/28/2012. (See attached PDF for complete details.)(LFIG)
August 8, 2012 548 Opinion or Order of the Court ORDER - IT IS THEREFORE ORDERED that Plaintiffs' Wilcox's Motion for Award ofAttorneys' Fees and Expenses (Doc. 535) is granted in the amount of $9,935.83. IT IS FURTHER ORDERED that the Clerk enter a further judgment in favor of Plaintiffs Mary Rose Wilcox and Earl Wilcox against Maricopa County in the amount of $9,935.83, with interest thereon at the federal rate of.21% per annum from the date of judgment until paid. (See document for further details). Signed by Judge Neil V Wake on 8/7/12.(LAD)
July 6, 2012 530 Opinion or Order of the Court ORDER - IT IS THEREFORE ORDERED that Charles Hoskins' Motion to Intervene (Doc.444 in CV10-2756) is denied. IT IS FURTHER ORDERED that Mary Rose and Earl Wilcoxs Request for Attorneys' Fees and Costs (Doc. 457 in CV10-2756) is granted. Wil cox shall submit proof and itemization of her claim for further fees by July 21, 2012. The County may file a response by August 4, 2012. Wilcox may file a reply by August 11, 2012. IT IS FURTHER ORDERED that Maricopa County's Emergency Motion for Stay Pending Appeal (Doc. 41 in CV11- 0473) is granted. IT IS FURTHER ORDERED that execution on the judgment (Doc. 39 in CV11-0473) is stayed pending appeal. Signed by Judge Neil V Wake on 7/5/12.(LAD)
June 7, 2012 466 Opinion or Order of the Court ORDER: 376 Defendants Lisa Aubuchon and Peter R. Pestalozzi's Motion for Stay Pending Appeal Pursuant to Rule 8(a), Federal Rules of Appellate Procedure, joined by Defendants Andrew and Ann Thomas (Doc. 378), is denied. See order for complete details. Signed by Judge Neil V Wake on 6/7/12. (NKS)
June 1, 2012 461 Opinion or Order of the Court ORDER: 355 Plaintiffs Mary Rose and Earl Wilcox's Motion to Enforce Settlement Agreement and Stay Discovery Obligations is granted. FURTHER ORDERED that final judgment be entered by separate document in favor of Plaintiffs Mary Rose and Earl W ilcox against Defendant Maricopa County in accordance with the settlement agreement made 04/09/12, as follows: Plaintiffs Mary Rose and Earl Wilcox shall have judgment against Defendant Maricopa County for: A. 1) $975,000.00 in principal damages and 2) $27,222.00 in attorney fees and $1,089.56 expenses since 04/09/12, and 3) interest on the foregoing amounts at the federal rate of.21% per annum from the date of judgment until paid. B. Except for the rights expressly stated in this judgment, all claims of Plaintiffs Mary Rose and Earl Wilcox that are brought or could have been brought in this action against any Defendant and that arise out of the transactions or occurrences alleged in this action are extinguished. Other t han as expressly provided in this judgment, the parties shall bear their own costs and attorney fees. FURTHER ORDERED that the Court reserves jurisdiction to decide the 444 Motion to Intervene, which is not fully briefed, and Wilcox's claim for additional attorney fees award against Maricopa County on that motion. See order for details. Signed by Judge Neil V Wake on 6/1/12. (NKS)
May 31, 2012 460 Opinion or Order of the Court ORDER: Plaintiff Wolfswinkel's 459 motion to compel discovery is granted. The County shall give the discovery demanded, failing which Plaintiff Wolfswinkel may seek further sanctions under Fed. R. Civ. P. 37. See order for details. Signed by Judge Neil V Wake on 5/31/12. (NKS)
May 30, 2012 456 Opinion or Order of the Court ORDER: The parties should prepare to discuss at the 06/01/12 case scheduling conference: 1) Concluding fact discovery by 12/14/12. 2) What expert testimony is contemplated, why it is necessary, and why expert disclosures and discovery cannot be done by the close of fact discovery. 3) Why good faith settlement meetings as to individual cases and with assistance of mediators cannot be done by 08/31/12, by which time the depositions of the parties should be completed. 4) Why the Wolfswinkel case should not be set on a separate schedule with early anticipated trial date. 5) All other matters. See order for details. Signed by Judge Neil V Wake on 5/30/12. (NKS)
April 9, 2012 338 Opinion or Order of the Court ORDER granting/denying in part 270 Motion to Dismiss Second Amended Complaints of Plaintiffs Stapley, Donahoe and Wilson. FURTHER ORDERED granting/denying in part 271 Thomas Defendants' Consolidated Motion to Dismiss Claims in Plaintiffs& #039; Amended Complaints Pursuant to Rule 12(b)(6), as the Claims are Barred by Absolute Prosecutorial Immunity FURTHER ORDERED granting/denying in part 283 Defendant Arpaios' Motion to Dismiss Pursuant to FRCivP 8, 10, and 12(b)(6) Applica ble Collectively to the Newly Amended Complaints Filed by Plaintiffs Donahoe, Mundell, Schuerman, Stapley, Wilcox, and Wilson FURTHER ORDERED granting/denying in part 284 Defendants Lisa Aubuchon and Peter R. Pestalozzi's Motion to Dismiss Se cond Amended Complaints Pursuant to Rules 8(a)(2), 8(d)(1) (as to Plaintiffs Wilcox, Mundell and Stapley) and 12(b)(6), Federal Rules of Civil Procedure (as to Plaintiffs Wilcox, Mundell, Stapley, Wilson, Schuerman, and Donahoe) FURTHER ORDERED denying 315 Defendants Peter and Mary Spaw's Motion to Dismiss. SEE DOCUMENT FOR FULL/COMPLETE DETAILS. Signed by Judge Neil V Wake on 4/9/12. (MAP)
October 28, 2011 230 Opinion or Order of the Court ORDER issued ruling on pending motions. FURTHER ORDERED that all Plaintiffs, except the Wolfswinkel Plaintiffs, are granted leave to file amended complaints. Amended complaints shall be filed by November 21, 2011. FURTHER ORDERED that Defendants sh all file their answers or responsive pleadings by December 15, 2011. FURTHER ORDERED that all future pleadings be filed in the lead case, No. CV10-2756-PHX-NVW, with a notation to the specific case to which it relates in the caption. See order for full details and further deadlines. Signed by Judge Neil V Wake on 10/28/11.(SJF)
May 26, 2011 70 Opinion or Order of the Court ORDER - IT IS THEREFORE ORDERED that Defendant William Montgomery's Rule 12(b)(6) Motion to Dismiss, pending in CV11-0116 (Doc. 18), is granted. (See document for further details). Signed by Judge Neil V Wake on 5/25/11. (LAD)

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Search for this case: Donahoe et al v. Arpaio et al
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Defendant: Unknown Parties
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Defendant: Joseph M Arpaio
Represented By: Daryl A Audilett
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Defendant: Ava Arpaio
Represented By: Daryl A Audilett
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Defendant: Andrew Thomas
Represented By: Donald Wilson, Jr.
Represented By: Richard E Chambliss
Represented By: Sarah Lynn Barnes
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Defendant: Anne Thomas
Represented By: Donald Wilson, Jr.
Represented By: Richard E Chambliss
Represented By: Sarah Lynn Barnes
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Defendant: Lisa Aubuchon
Represented By: James Paul Mueller
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Defendant: Peter R Pestalozzi
Represented By: James Paul Mueller
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Defendant: David Hendershott
Represented By: Barry Matthew Markson
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Defendant: Anna Hendershott
Represented By: Barry Matthew Markson
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Defendant: William Montgomery
Represented By: E Scott Dosek
Represented By: Victoria Lea Orze
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Defendant: Maricopa, County of
Represented By: Steven A LaMar
Represented By: Rebeca Hoeffer Moskowitz
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Plaintiff: Mary Rose Wilcox
Represented By: Colin F Campbell
Represented By: Kathleen Erin Brody OMeara
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Plaintiff: Earl Wilcox
Represented By: Colin F Campbell
Represented By: Kathleen Erin Brody OMeara
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Plaintiff: Conley D Wolfswinkel
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Plaintiff: Brandon D Wolfswinkel
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Plaintiff: Ashton A Wolfswinkel
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Plaintiff: Vanderbilt Farms LLC
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Plaintiff: ABCDW LLC
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Plaintiff: Stone Canyon LLC
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Plaintiff: Vistoso Partners LLC
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Plaintiff: W Harquahala LLC
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Plaintiff: Gary Donahoe
Represented By: Leslie E O'Hara
Represented By: M Elizabeth Nillen
Represented By: Michael C Manning
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Plaintiff: Cherie Donahoe
Represented By: Leslie E O'Hara
Represented By: M Elizabeth Nillen
Represented By: Michael C Manning
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