Arizona, State of et al v. United States of America et al
| Arizona, State of, Janice K Brewer, William Humble and Robert C Halliday |
| United States of America, United States Department of Justice, Eric Himpton Holder, Jr., Dennis K Burke, Arizona Association of Dispensary Professionals Incorporated, Joshua Levine, Paula Pennypacker, Nicholas Flores, Jane Christensen, Paula Pollock, Serenity Arizona Incorporated, Holistic Health Management Incorporated, Jeff Silva, Arizona Medical Marijuana Association and Unknown Parties |
| Carl Eric Olsen |
| Arizona Dispensary Solutions |
| 2:2011cv01072 |
| May 27, 2011 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Susan R Bolton |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 73 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed 1/4/2012, and plaintiffs failure to comply, judgment is entered against plaintiff. Plaintiff to take nothing, and complaint and action are dismissed without prejudice. Signed on 2/6/2012. (KMG) |
| Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 12/12/2011, before Judge Susan R Bolton. Court Reporter Elizabeth A Lemke. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restriction set for 4/30/2012. (BAS) |
Filing 71
ORDER granting the 30 Motion to Dismiss for Lack of Jurisdiction filed on behalf of all named non-government Defendants by the Arizona Medical Marijuana Association and the 38 Motion to Dismiss for Lack of Jurisdiction filed by Dennis K. Burke, Eric H. Holder, Jr., the United States Department of Justice, and the United States of America and dismissing the Complaint without prejudice; granting Plaintiffs 30 days, including the date of entry of this Order, to file any amended Complaint; denying without prejudice Maricopa County and B. Joy Rich's 31 Motion to Intervene and 60 Motion for Hearing on the Motion to Intervene and for Leave to File Brief in Opposition to the NG Defendants' Motion to Dismiss; granting Plaintiffs' Motions to Supplement the Record (Docs. 54 , 57 - 58 ). Signed by Judge Susan R Bolton on 01/04/12. (ESL)
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| Filing 70 TRANSCRIPT REQUEST by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America for proceedings held on 12/12/2011 before Judge Susan R. Bolton.. (Risner, Scott) |
| Filing 69 TRANSCRIPT REQUEST by Arizona, State of, Janice K Brewer for proceedings held on 12/12/2011 before Judge Susan Bolton.. (Ray, Kevin) |
| Filing 68 *REPLY to Response to Motion re 60 MOTION for Hearing on Motion re 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department, MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss re 38 MOTION to Dismiss for Lack of Jurisdiction, by Intervenor Plaintiffs Maricopa, County of, Joy Rich. (Muthig, Klaus) *Modified to correct event type on 12/28/2011 (SAT). |
| Filing 67 NOTICE re Notice of Withdrawal as Counsel by Arizona, State of, Janice K Brewer . (Ray, Kevin) |
| Filing 66 RESPONSE in Opposition re 60 MOTION for Hearing on Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss filed by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
| Filing 65 RESPONSE in Opposition re 60 MOTION for Hearing on Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa, MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss filed by Arizona Association of Dispensary Professionals Incorporated, Arizona Medical Marijuana Association, Jane Christensen, Nicholas Flores, Holistic Health Management Incorporated, Joshua Levine, Paula Pennypacker, Paula Pollock, Serenity Arizona Incorporated, Jeff Silva. (Edwards, Ezekiel) |
| Filing 64 NOTICE re Plaintiff's Notice of Intent to File a Motion for Leave to Amend Complaint by Arizona, State of . (Ray, Kevin) |
| Filing 63 TRANSCRIPT REQUEST by Arizona Association of Dispensary Professionals Incorporated, Arizona Medical Marijuana Association, Jane Christensen, Nicholas Flores, Holistic Health Management Incorporated, Joshua Levine, Paula Pennypacker, Paula Pollock, Serenity Arizona Incorporated, Jeff Silva for proceedings held on 12/12/11 before Judge Hon. Susan R. Bolton.. (Edwards, Ezekiel) |
| Filing 62 *ERRATA re 60 MOTION for Hearing on Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss by Maricopa, County of, Joy Rich. (Attachments: # 1 Exhibit Attachment to Notice of Errata)(Liddy, Thomas) *Modified to correct event type on 12/19/2011 (SAT). |
| Filing 61 NOTICE of Appearance by Thomas P Liddy on behalf of Maricopa, County of, Joy Rich (Liddy, Thomas) |
| Filing 60 *MOTION for Hearing on Motion re 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department, MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss re 38 MOTION to Dismiss for Lack of Jurisdiction, by Maricopa, County of, Joy Rich. (Liddy, Thomas). *Modified to add motion type on 12/19/2011 (SAT). |
| Filing 59 Minute Entry. Proceedings held before Judge Susan R Bolton: Motion Hearing held on 12/12/2011 re: non-Government Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 30 . Argument presented. IT IS ORDERED taking under advisement non-Government Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 30 . IT IS FURTHER ORDERED all fictitious defendants are dismissed. (Court Reporter Liz Lemke)(MAW) |
| Filing 58 Third MOTION to Supplement the Record by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Davis, Lori) |
| Filing 57 Second MOTION to Supplement the Record by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Davis, Lori) |
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Filing 56
ORDER, Upon consideration of the Defendants' Unopposed Motion for a Continuance of the Hearing on Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim, and good cause having been shown, this Court hereby ORDERS that: The Motion is GRANTED, and the Motion Hearing is reset for December 12, 2011 at 11:00 a.m. (Doc. 55). Signed by Judge Susan R Bolton on 10/18/2011.(KMG)
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| Filing 55 MOTION to Continue Continuance of Hearing on Defendants' Motion to Dismiss by Arizona Association of Dispensary Professionals Incorporated, Arizona Medical Marijuana Association, Jane Christensen, Nicholas Flores, Holistic Health Management Incorporated, Joshua Levine, Paula Pennypacker, Paula Pollock, Serenity Arizona Incorporated, Jeff Silva. (Edwards, Ezekiel) |
| Filing 54 MOTION to Supplement the Record by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Davis, Lori) |
| Filing 53 Minute Order: Set Motion Hearing as to 30 MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants. Motion Hearing set for 10/24/2011 at 03:00PM before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Filing 52 REPLY to Response to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America. (Risner, Scott) |
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Filing 51
ORDER that the parties' 50 Stipulation is granted, and Federal Defendants may file a reply in support of their motion to dismiss on or before 10/07/11. Signed by Judge Susan R Bolton on 09/12/11. (ESL)
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| Filing 50 STIPULATION and Request for an Extension of Time to Submit Reply in Support of Motion to Dismiss by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
| Filing 49 RESPONSE to Motion re 38 MOTION to Dismiss for Lack of Jurisdiction filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Davis, Lori) |
| Filing 48 REPLY to Response to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants filed by Arizona Association of Dispensary Professionals Incorporated, Arizona Medical Marijuana Association, Jane Christensen, Nicholas Flores, Holistic Health Management Incorporated, Joshua Levine, Paula Pennypacker, Paula Pollock, Serenity Arizona Incorporated, Jeff Silva. (Edwards, Ezekiel) |
| Filing 47 REPLY to Response to Motion re 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department Maricopa County Intervenors' Reply in Support of Moton for Leave to Intervene filed by Maricopa, County of, Joy Rich. (Liddy, Thomas) |
| Filing 46 RESPONSE IN OPPOSITION to Motion re 30 MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Attachments: # 1 Exhibits)(KMG) |
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Filing 45
ORDER re 43 that Plaintiffs may file a Response in Opposition to Defendants' Motion to Dismiss that totals twenty-one (21) pages, excluding the signature block and certificate of service. Signed by Judge Susan R Bolton on 8/9/2011.(KMG)
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| Filing 44 LODGED Proposed Plaintiffs' Response in Opposition to Motion to Dismiss re: 30 MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants, 43 MOTION for Leave to File Excess Pages for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Attachments: # 1 Exhibit Exhibits A-H)(Davis, Lori) |
| Filing 43 MOTION for Leave to File Excess Pages for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Attachments: # 1 Text of Proposed Order Proposed Order)(Davis, Lori) |
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Filing 42
ORDER denying 40 Plaintiffs' Motion to Exceed Page Limitations. Counsel has failed to indicate in the motion the number of pages requested and has failed to comply with ECF Administrative Policies and Procedures Manual, Section II (G), specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 8/9/11.(MAW)
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| Filing 41 LODGED Proposed Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss re: 30 MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants, 40 MOTION for Leave to File Excess Pages for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Attachments: # 1 Exhibit Exhibits A-H)(Davis, Lori) |
| Filing 40 MOTION for Leave to File Excess Pages for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Davis, Lori) |
| Filing 39 RESPONSE in Opposition re 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department filed by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
| Filing 38 MOTION to Dismiss for Lack of Jurisdiction by Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America. (Attachments: # 1 Exhibit 1)(Risner, Scott) |
| Filing 37 NOTICE of Appearance by Scott Risner on behalf of Dennis K Burke, Eric Himpton Holder, Jr, United States Department of Justice, United States of America (Risner, Scott) |
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Filing 36
ORDER pursuant to General Order 09-08 granting 35 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 35 MOTION for Admission Pro Hac Vice as to attorney Ezekiel Edwards on behalf of Arizona Medical Marijuana Association. (BAS) |
| Filing 34 RESPONSE to Motion re 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) |
| Filing 33 *NOTICE of Attorney Substitution by Scott Matthew Michelman (Michelman, Scott) *Modified on 7/28/2011; document not in compliance with Local Rule 7.1(a)* (REW). |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX112075 as to Ezekiel Edwards. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 32 NOTICE of Appearance by Daniel Joseph Pochoda on behalf of Arizona Medical Marijuana Association (Pochoda, Daniel) |
| Filing 31 MOTION to Intervene Motion for Leave to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa County Planning and Development Department by Maricopa, County of, Joy Rich. (Attachments: # 1 Exhibit Exhibit 1 of 2, # 2 Exhibit Exhibit 2 of 2, # 3 Text of Proposed Order Proposed Order)(Liddy, Thomas) |
| Notice of request for e-notices by Barry H. Uhrman. (Uhrman, Barry) |
| Filing 30 * MOTION to Dismiss for Lack of Jurisdiction on behalf of all named non-government defendants by Arizona Medical Marijuana Association. (Michelman, Scott)*Entry modified to lack of jurisdiction on 7/7/2011 (ESL). |
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Filing 29
ORDER denying the 6 Motion to Intervene filed by Carl Eric Olsen. It is further ordered denying as moot Carl Eric Olsen's 23 Motion for Leave to File Electronically. It is further ordered denying the 7 Motion to Intervene filed by Arizona Dispensary Solutions, LLC. Signed by Judge Susan R Bolton on 07/06/11.(ESL)
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Filing 28
ORDER pursuant to General Order 09-08 granting 27 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX111049 as to Scott Michelman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 27 MOTION for Admission Pro Hac Vice as to attorney Scott Michelman on behalf of Arizona Medical Marijuana Association. (BAS) |
| Filing 26 REPLY to Response to Motion (Titled: Response to Objection) re 6 MOTION to Intervene filed by Carl Eric Olsen. (ESL) |
| Filing 25 RESPONSE to Motion re 7 MOTION to Intervene filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) |
| Filing 24 RESPONSE to Motion re 6 MOTION to Intervene filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) |
| Filing 23 MOTION for Leave to File Electronically by Carl Eric Olsen. (REW) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Arizona Medical Marijuana Association waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Jeff Silva waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Holistic Health Management Incorporated waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Serenity Arizona Incorporated waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Paula Pollock waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Jane Christensen waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Nicholas Flores waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Paula Pennypacker waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer. Joshua Levine waiver sent on 6/1/2011. (Ray, Kevin) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Dennis K. Burke on June 2, 2011, filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) |
| Filing 12 *AFFIDAVIT of Service for Summons and Complaint served on US Attorney FOR Eric H. Holder, Jr, on June 2, 2011, filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) *Modified on 6/16/2011; to reflect service on US Attorney* (REW). |
| Filing 11 *AFFIDAVIT of Service for Summons and Complaint served on US Attorney FOR United States Department of Justice on June 2, 2011, filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) *Modified on 6/16/2011; to reflect service on US Attorney* (REW). |
| Filing 10 *AFFIDAVIT of Service for Complaint and Summons served on US Attorney FOR United States of America on June 2, 2011, filed by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble. (Ray, Kevin) *Modified on 6/16/2011; to reflect service upon US Attorney* (REW). |
| Filing 9 WAIVER OF SERVICE Returned Executed by Arizona Association of Dispensary Professionals Incorporated. Arizona Association of Dispensary Professionals Incorporated waiver sent on 6/1/2011. (Dean, Thomas) |
| Filing 8 NOTICE of Appearance by Thomas W Dean on behalf of Arizona Association of Dispensary Professionals Incorporated (Dean, Thomas) |
| Filing 7 MOTION to Intervene by Arizona Dispensary Solutions. (LAD) |
| Filing 6 MOTION to Intervene by Carl Eric Olsen. (ESL) |
| Filing 5 Summons Issued as to Jeff Silva. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Summons Issued as to Arizona Association of Dispensary Professionals Incorporated, Arizona Medical Marijuana Association, Dennis K Burke, Jane Christensen, Nicholas Flores, Eric Himpton Holder, Jr, Holistic Health Management Incorporated, Joshua Levine, Paula Pennypacker, Paula Pollock, Serenity Arizona Incorporated, Jeff Silva, United States Department of Justice, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number PHX 0970-5377792. This case has been assigned to the Honorable Susan R. Bolton. All future pleadings or documents should bear the correct case number: CV 11-01072-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 SUMMONS Submitted by Arizona, State of, Janice K Brewer, Robert C Halliday, William Humble (submitted by Kevin Ray). (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(REK) |
| Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-5377792, filed by Arizona, State of, Robert C Halliday, William Humble, Janice K Brewer (submitted by Kevin Ray). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(REK) |
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