Smith v. Interstate Commission of Adult Offender Supervision et al
| Cheri Smith |
| Maricopa County Sheriff's Office, Ken Christesen, Unknown Bobchak, Maricopa County Board of Supervisors, Unknown Chester, Linda Standerwick, Rose Bobchak, Unknown Apodaca, Unknown Miller, Robert Tedrow, Unknown Arpaio, Unknown Standerwick, Charles L Ryan, Hector Balderas, Sandra A Price, Unknown Price, Unknown Parties, Phoenix Police Department, Barbara J Vigil, Unknown Echols, Maricopa County Arizona Adult Probation Department, Unknown Tedrow, Unknown Cohen, Jeri Williams, Scott Thompson, San Juan, County of, Unknown Balderas, Lyndy D Bennett, Arlin Chester, Arthur W Pepin, Unknown Ott, Unknown Dean, John A Dean, Jr., Phoenix, City of, Douglas A Echols, Caryn Apodaca, Unknown Christesen, Unknown Thompson-Garcia, Jerry Ott, Unknown Clifford, Unknown Birdsall, Roberta J Padilla Cohen, Joseph Arpaio, Gregory E Clifford, Unknown Williams, Dori Littler, Unknown Pepin, Michael D Arnold, II, Mark Brnovich, Gregory M Tucker, Unknown Arnold, David Jablonski, Unknown Vigil, William Carlton Birdsall, Jr., San Juan County Sheriff's Office, Jennifer N Miller, Unknown Tucker, Unknown Bennett, Interstate Commission of Adult Offender Supervision, Maricopa County Adult Probation Department, Unknown Ryan, Maricopa, County of, Unknown Littler, Unknown Thompson, Unknown Jablonski and San Juan County Board of Commissioners |
| 2:2017cv04770 |
| December 27, 2017 |
| U.S. District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Eileen S Willett (PS) |
| Douglas L Rayes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on January 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 124 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed January 10, 2019, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice as to Defendants Birdsall, Unknown Birdsall, Dean, Unknown Dean, Price, Unknown Price, Tucker, Unknown Tucker, Ryan, Unknown Ryan, Littler, Unknown Littler, Ott, Unknown Ott, Chester, Unknown Chester, Clifford, Unknown Clifford, Phoenix, City of, Scott Thompson, Unknown Thompson, Jablonski, Unknown Jablonski, Standerwick and Unknown Standerwick and without prejudice as to Defendants Tedrow, Unknown Tedrow, San Juan County Board of Commissioners, Echols, Unknown Echols, Christensen, Unknown Christensen, San Juan, County of, Arnold and Unknown Arnold are dismissed without prejudice. (EJA) |
Filing 123
ORDER: The reference to the Magistrate Judged is withdrawn as to Docs. #104 , #113 , #119 , #120 , #69 , #71 , #19 , #20 , #78 , #22 , #25 , #26 and #93 . Defendants' Motion to Strike Plaintiffs' Objection to Reply (Doc. #113 ) is granted. The Clerk of the Court must strike Plaintiff's Objection to Reply (Doc. #105 ). The Arnold Defendants' "Motion to Set Aside" (Doc. #104 ) is granted. The Clerk of the Court must vacate the Entry of Default (Doc. #74 ). Plaintiff's Motions for Sanctions Docs. #119 and #120 are denied. Plaintiff's Motions to Strike (Doc. #69 , Doc. #71 ) are denied. Defendants Birdsall, Dean, Price, Tedrow, and Tucker's Motion to Dismiss (Doc. #19 ) is granted. Defendants Birdsall, Jane Doe Birdsall, Dean, Jane Doe Dean, Price, John Doe Price, Tucker, and Jane Doe Tucker are dismissed with prejudice. Defendants Tedrow and Jane Doe Tedrow are dismissed without prejudice. Defendants Ryan, Ott, Littler, and Chester's Motion to Dismiss (Doc. #20 ; Doc. #78 ) is granted, and Defendants Ryan, Jane Doe Ryan, Littler, John Doe Littler, Ott, Jane Doe Ott, Chester, Jane Doe Chester, Clifford, and Jane Doe Clifford are dismissed with prejudice. Defendants San Juan County Board of Commissioners, Echols, and Christesen's Motion to Dismiss (Doc. #22 ) is granted. Defendants San Juan County Board of Commissioners, Echols, Jane Doe Echols, Christesen, and Jane Doe Christesen are dismissed without prejudice. Defendant San Juan County is dismissed without prejudice as a similarly situated defendant. Defendants City of Phoenix and Scott Thompson's Motion to Dismiss (Doc. #25 ) is granted, and Defendants City of Phoenix, Scott Thompson, and Jane Doe Thompson are dismissed with prejudice. Defendants Jablonski, Standerwick, and Arnold's Motion to Dismiss (Doc. #26 ; Doc. #93 ) is granted. Defendants Jablonski, Jane Doe Jablonski, Standerwick, and John Doe Standerwick are dismissed with prejudice. Defendants Arnold and Jane Doe Arnold are dismissed without prejudice. The Clerk of the Court must close this action and enter judgment accordingly. Signed by Judge Douglas L Rayes on 1/10/19. (EJA)
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| Filing 122 NOTICE of Attorney Substitution by James Garrett Griggs. (Griggs, James) |
| Filing 121 NOTICE of Appearance by Derek Ryan Graffious on behalf of Ken Christesen, Unknown Christesen, Douglas A Echols, Unknown Echols, San Juan County Board of Commissioners. (Graffious, Derek) |
| Filing 120 Proposed MOTION for Sanctions Rule 11 Motion Against NMDOC Defendants by Cheri Smith. (Smith, Cheri) |
| Filing 119 Oral MOTION for Sanctions Rule 11 Motion Against NMAG by Cheri Smith. (Smith, Cheri) |
| Filing 118 REPLY to Response to Motion re: #113 MOTION to Strike #105 Objection filed by Michael D Arnold, II, Unknown Arnold, David Jablonski, Unknown Jablonski, Linda Standerwick, Unknown Standerwick. (Garcia, Bryan) |
| Filing 117 NOTICE of Service of Discovery filed by Cheri Smith. (Smith, Cheri) |
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Filing 116
ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's First Amended Motion for Preliminary Injunction (Doc. #9 ), and the Motion is denied without prejudice. Signed by Judge Douglas L Rayes on 8/17/18. (EJA)
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| Filing 115 RESPONSE to Motion re: #113 MOTION to Strike #105 Objection & Motion for Hearing filed by Cheri Smith. (Smith, Cheri) |
| Filing 114 REPLY to Response to Motion re: #104 MOTION to Set Aside Default or Alternatively to Clarify an Order of the Court filed by Michael D Arnold, II, Unknown Arnold. (Attachments: #1 Exhibit Exhibit A - 05-02-18 Docket)(Garcia, Bryan) |
| Filing 113 MOTION to Strike #105 Objection by Michael D Arnold, II, Unknown Arnold, David Jablonski, Unknown Jablonski, Linda Standerwick, Unknown Standerwick. (Attachments: #1 Exhibit Ex. 1 Kuc v MTC Fin., Inc)(Garcia, Bryan) |
| Filing 112 RESPONSE to Motion re: #104 MOTION to Set Aside Default or Alternatively to Clarify an Order of the Court filed by Cheri Smith. (Attachments: #1 Exhibit A Certified Docket of the Court)(Smith, Cheri) |
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Filing 111
ORDER granting #106 ADC Defendants' Motion for Clarification. ORDERED granting the ADC Defendants' "Joinder in New Mexico's Defendants Motion to Stay Pending Resolution of Motion to Dismiss" (Doc. #84 ). The ADC Defendants are relieved of any pleading, discovery, or other obligation pending the Court's ruling on their Motion to Dismiss (Doc. #20 ). Signed by Magistrate Judge Eileen S Willett on 7/20/18. (EJA)
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| Filing 110 REPLY re: #20 MOTION to Dismiss for Failure to State a Claim REPLY IN SUPPORT OF MOTION TO DISMISS by Defendants Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan. (Boyle, Patrick) |
| Filing 109 *REPLY to Response to Motion re: #20 MOTION to Dismiss for Failure to State a Claim REPLY IN SUPPORT OF MOTION TO DISMISS by Defendants Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan, Unknown Ryan, Unknown Clifford and Unknown Chester. (Boyle, Patrick) *Modified to correct event type and to add filers on 7/23/2018 (EJA). Modified on 7/23/2018 (EJA). |
| Filing 108 RESPONSE to Motion re: #106 MOTION re: #98 Order on Motion to Stay Motion for Clarification filed by Cheri Smith. (Smith, Cheri) |
| Filing 107 REPLY to Response to Motion re: #25 MOTION to Dismiss for Failure to State a Claim filed by Phoenix, City of, Scott Thompson, Unknown Thompson. (Bell, Shannon) |
| Filing 106 *MOTION for Clarification re: #98 Order on Motion to Stay Motion for Clarification by Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Unknown Ryan, Charles L Ryan, Unknown Clifford, Unknown Chester. (Boyle, Patrick) *Modified text and added filers on 7/19/2018 (REK). |
| Filing 105 *STRICKEN pursuant to (Doc. #123 ) OBJECTION re: #93 Reply to Response to Motion to Dismiss for Rule 12 Motion by Plaintiff Cheri Smith. (Attachments: #1 Exhibit Exhibit A Gracia Email)(Smith, Cheri) Modified on 1/10/2019 (EJA). |
| Filing 104 *MOTION to Set Aside Default or Alternatively to Clarify an Order of the Court by Michael D Arnold, II, Unknown Arnold. (Garcia, Bryan) *Documents is not in compliance with L.R.Civ 7.1(c); attorney notifed on 7/11/2018 (EJA). |
| Filing 103 NOTICE of Appearance by Bryan Christopher Garcia on behalf of Michael D Arnold, II, Unknown Arnold. (Garcia, Bryan) |
| Filing 102 *AMENDED Reply to Response to Motion re: #69 First Motion to Strike by Cheri Smith. Amendment to #101 Reply to Response to Motion . (Smith, Cheri) *Modified to correct event type on 7/11/2018 (EJA). |
| Filing 101 REPLY to Response to Motion re: #69 First MOTION to Strike City of Phoenix Rule 12 1(c) filed by Cheri Smith. (Smith, Cheri) |
| Filing 100 RESPONSE to Motion re: #20 MOTION to Dismiss for Failure to State a Claim filed by Cheri Smith. (Smith, Cheri) |
| Filing 99 OBJECTION re: #88 Reply to Response to Motion NMAG by Plaintiff Cheri Smith. (Attachments: #1 Exhibit A AZ Suprvision Report Chester March 12, 2002)(Smith, Cheri) |
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Filing 98
ORDER granting #84 Motion to Stay New Mexico Defendants' Motion to Stay Pending Resolution of Their Motion to Dismiss. New Mexico Defendants are relieved of any pleading, discovery or other obligation pending the Court's ruling on their Motion to Dismiss (Doc. #19 ). Signed by Magistrate Judge Eileen S Willett on 7/5/18. (EJA)
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Filing 97
*ORDER granting #23 Defendants' San Juan County Board of Commissioners, Douglas Echols, Jane Doe Echols, Ken Christesen and Jane Doe Christesen's Motion to Stay Time to Answer and Respond to Motion for Preliminary Injunction. FURTHER ORDERED that the time for Defendants San Juan Board of Commissioners, Echols, and Christesen to answer Plaintiffs First Amended Verified Complaint (Doc. #8 ) and Plaintiff's First Amended Motion for Preliminary Injunction (Doc. #9 ) is stayed until further action by this Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 7/5/18. (EJA) *Modified text on 7/5/2018 (EJA).
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| Filing 96 OBJECTION re: #85 Reply to Response to Motion by Plaintiff Cheri Smith. (Attachments: #1 Exhibit A Christesen TXT to Phoenix, #2 Exhibit B Echols Email)(Smith, Cheri) |
| Filing 95 REPLY to Response to Motion re: #84 MOTION to Stay Pending Resolution of Motion to Dismiss filed by Unknown Birdsall, William Carlton Birdsall, Jr, John A Dean, Jr, Unknown Dean, Sandra A Price, Unknown Price, Robert Tedrow, Unknown Tedrow, Gregory M Tucker, Unknown Tucker. (Biernoff, Ari) |
| Filing 94 OBJECTION re: #84 MOTION to Stay Pending Resolution of Motion to Dismiss by Plaintiff Cheri Smith. (Attachments: #1 Exhibit Exhibit A Rule 11 Motion, #2 Exhibit Exhibit B Motion to Revoke/ Tucker/Price)(Smith, Cheri) |
| Filing 93 REPLY to Response to Motion re: #26 MOTION to Dismiss for Failure to State a ClaimMOTION to Dismiss for Lack of Jurisdiction filed by Michael D Arnold, II, David Jablonski, Linda Standerwick. (Nicholson, Meghan) |
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Filing 92
ORDER granting #90 Motion for Reconsideration. FURTHER ORDERED extending time for Plaintiff to file a response to Defendants' Motion to Dismiss (Doc. #20 ) through close of business on July 9, 2018. Signed by Magistrate Judge Eileen S Willett on 6/28/18. (EJA)
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| Filing 91 RESPONSE to Motion re: #69 First MOTION to Strike City of Phoenix Rule 12 1(c) filed by Phoenix Police Department, Phoenix, City of, Scott Thompson, Unknown Thompson. (Bell, Shannon) |
| Filing 90 MOTION for Reconsideration by Arlin Chester, Gregory E Clifford, Unknown Littler, Jerry Ott, Charles L Ryan. (Attachments: #1 Text of Proposed Order)(Boyle, Patrick) |
| Filing 89 Joinder re: #84 MOTION to Stay Pending Resolution of Motion to Dismiss by Defendants Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan. (Attachments: #1 Text of Proposed Order)(Boyle, Patrick) |
| Filing 88 REPLY to Response to Motion re: #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Unknown Birdsall, William Carlton Birdsall, Jr, John A Dean, Jr, Unknown Dean, Sandra A Price, Unknown Price, Robert Tedrow, Unknown Tedrow, Gregory M Tucker, Unknown Tucker. (Biernoff, Ari) |
| Filing 87 *REPLY to Response in Opposition to #9 Motion for Preliminary Injunction by Plaintiff Cheri Smith. (Smith, Cheri) *Modified to correct event type on 6/20/2018 (EJA). |
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Filing 86
ORDER granting #76 Stipulation - IT IS FURTHER ORDERED that Plaintiff's Application for Entry of Default Against Defendant Gregory E Clifford (Doc. #67 ) and Plaintiff's Application for Entry of Default Against Defendant Jane Doe Clifford Spouse of Gregory E Clifford (Doc. #68 ) are withdrawn. IT IS FURTHER ORDERED denying as moot Defendants' Clifford's Motion to Set-Aside Default and Response to Application for Entry of Default (Doc. #73 ). IT IS FURTHER ORDERED that the Clifford Defendants are allowed to file an untimely joinder in both the Answer (Doc. #27 ) and Motion to Dismiss (Doc. #20 ) filed by Defendants Charles L. Ryan, Jane Doe Ryan, Dori Littler, Jerry Ott, Arlin Chester, and Jane Doe Chester. IT IS FURTHER ORDERED extending time for Plaintiff to file a response to Defendants' Motion to Dismiss (Doc. #20 ) through close of business on July 5, 2018. Signed by Magistrate Judge Eileen S Willett on 6/19/18. (LAD)
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| Filing 85 * REPLY to Response to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction filed by Ken Christesen, Unknown Christesen, Douglas A Echols, Unknown Echols, San Juan County Board of Commissioners. (Molinario, Michele) * Modified to correct document linkage 6/19/2018 (LAD). |
| Filing 84 MOTION to Stay Pending Resolution of Motion to Dismiss by Unknown Birdsall, William Carlton Birdsall, Jr, John A Dean, Jr, Unknown Dean, Sandra A Price, Unknown Price, Robert Tedrow, Unknown Tedrow, Gregory M Tucker, Unknown Tucker. (Attachments: #1 Proposed Order)(Biernoff, Ari) |
| Filing 83 NOTICE of Errata re: #82 Reply to Response to Motion by Plaintiff Cheri Smith. (Smith, Cheri) |
| Filing 82 *RESPONSE to Motion re: #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Amended Reply filed by Cheri Smith. (Smith, Cheri) *Modified to correct event; filer noticed on 6/18/2018 (SLQ). |
| Filing 81 *RESPONSE to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction Defendants Christesen, Echols, San Juan Count, RESPONSE to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction Defendants Christesen, Echols, San Juan County filed by Cheri Smith. (Smith, Cheri) *Modified to correct event; filer noticed on 6/18/2018 (SLQ). |
| Filing 80 *RESPONSE to Motion re: #26 MOTION to Dismiss for Failure to State a ClaimMOTION to Dismiss for Lack of Jurisdiction Defendants Jablonski Standerwick filed by Cheri Smith. (Smith, Cheri) *Modified to correct event; filer noticed on 6/18/2018 (SLQ). |
| Filing 79 RESPONSE to Motion re: #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Defendants Birdsall, Dean, Price, Tedrow, Tucker filed by Cheri Smith. (Smith, Cheri) |
| Filing 78 Joinder re: #20 MOTION to Dismiss for Failure to State a Claim by Defendants Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan. (Boyle, Patrick) |
| Filing 77 JOINDER TO #27 Answer to Amended Complaint by Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan. (Boyle, Patrick) |
| Filing 76 STIPULATION to Set Aside Application for Entry of Default Against Defendants Clifford and Jane Doe Clifford; to Allow Joinder in Answer and Motion to Dismiss; and to Allow Extension of Response Time by Arlin Chester, Gregory E Clifford, Dori Littler, Jerry Ott, Charles L Ryan. (Attachments: #1 Text of Proposed Order)(Boyle, Patrick) |
| Filing 75 NOTICE of Appearance by Patrick Joseph Boyle on behalf of Gregory E Clifford, Unknown Clifford. (Boyle, Patrick) |
| Filing 74 *VACATED pursuant to (Doc. #123 ) Clerk's ENTRY OF DEFAULT as to Michael D Arnold, II, Unknown Arnold - Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendants Michael D. Arnold II and Unknown Arnold. (EJA) Modified on 1/10/2019 (EJA). |
| Filing 73 MOTION to Set Aside Default and Response to Application for Default by Gregory E Clifford, Unknown Clifford. (Attachments: #1 Text of Proposed Order)(Gottfried, Michael) |
| Filing 72 RESPONSE to Motion re: #71 First MOTION to Strike Defendants Christesen, Echols, & San Juan County Boards Rule 12 Motion; Rule 12.1. (c) filed by Ken Christesen, Unknown Christesen, Douglas A Echols, Unknown Echols, San Juan County Board of Commissioners. (Molinario, Michele) |
| Filing 71 *AMENDED First MOTION to Strike #22 Defendants Christesen, Echols, & San Juan County Boards Rule 12 Motion to Dismiss; Rule 12.1. (c) by Cheri Smith. (Smith, Cheri) *Modified to add linkage on 6/12/2018 (EJA). |
| Filing 70 * First MOTION to Strike Defendants Christesen, Echols, & San Juan County Boards Rule 12 Motion; Rule 12.1. (c) Motion by Cheri Smith. (Smith, Cheri) *Modified to remove Ex-Parte designation on 6/12/2018 (EJA). |
| Filing 69 * First MOTION to Strike #25 City of Phoenix Rule 12 1(c) Motion to Dismiss by Cheri Smith. (Smith, Cheri) *Modified to remove Ex-Parte designation and add linkage on 6/12/2018 (EJA). |
| Filing 68 ** WITHDRAWN BY #86 ORDER ** APPLICATION for Entry of Default by Plaintiff Cheri Smith against Jane Doe Clifford Spouse of Gregory E Clifford. (Attachments: #1 Text of Proposed Order Entry of Default)(Smith, Cheri) Modified on 6/19/2018 (LAD). |
| Filing 67 ** WITHDRAWN PURSUANT TO #86 ORDER ** APPLICATION for Entry of Default by Plaintiff Cheri Smith against Gregory E Clifford. (Attachments: #1 Text of Proposed Order Entry of Default)(Smith, Cheri) Modified on 6/19/2018 (LAD). |
| Filing 66 APPLICATION for Entry of Default by Plaintiff Cheri Smith against Jane Doe Arnold Spouse of Michael D Arnold II. (Attachments: #1 Text of Proposed Order Entry of Default)(Smith, Cheri) |
| Filing 65 APPLICATION for Entry of Default by Plaintiff Cheri Smith against Michael D Arnold II. (Attachments: #1 Text of Proposed Order Entry of Default)(Smith, Cheri) |
| Filing 64 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Proof of Service re: Summons and Complaint upon Robert (Rick)Tedrow on 04/25/18. (Attachments: #1 Supplement Tedrow Aggressive Behavior to Server)(Smith, Cheri) |
| Filing 63 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Proof of Service re: Summons and Complaint upon Barbara Tedrow a/k/a Jnae Doe Tedrow on 04/25/18. (Smith, Cheri) |
| Filing 62 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Linda Standerwick on 04/24/18. (Smith, Cheri) |
| Filing 61 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon San Juan County Board of Commissioners on 04/24/18. (Smith, Cheri) |
| Filing 60 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Sandra A Price on 4/24/18. (Smith, Cheri) |
| Filing 59 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Sandra A Price for Service upon Randy Kirkpatrick a/k/a John Doe Price on 04/24/18. (Smith, Cheri) |
| Filing 58 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Sabrina Jablonski a/ka Jane Doe Jablonski on 04/23/18. (Smith, Cheri) |
| Filing 57 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon David Jablonski on 04/23/18. (Smith, Cheri) |
| Filing 56 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Evangeline Echols a/k/a Jane Doe Echols on 04/2418. (Smith, Cheri) |
| Filing 55 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Douglas Echols on 04/24/18. (Smith, Cheri) |
| Filing 54 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon John Dean Jr on 04/24/18. (Smith, Cheri) |
| Filing 53 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint John Dean for Service upon Jane Doe Dean on 04/24/18. (Smith, Cheri) |
| Filing 52 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Ken Christesen on 04/24/18. (Smith, Cheri) |
| Filing 51 SERVICE EXECUTED filed by Cheri Smith: Certificate of Service re: Summons and Complaint Ken Christesen for Service upon Jane Doe Christesen on 04/24/18. (Smith, Cheri) |
| Filing 50 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon William Carlton Birdsall, Jr on 04/24/18. (Smith, Cheri) |
| Filing 49 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint William Carlton Birdsall, Jr for Service upon Jane Doe Birdsall on 04/24/18. (Smith, Cheri) |
| Filing 48 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Michael D Anold II for Service upon Stacey Arnold a/k/a Jane Doe Arnold on 04/24/18. (Smith, Cheri) |
| Filing 47 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Michael D Arnold II on 4/24/18. (Smith, Cheri) |
| Filing 46 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Stacey Tucker a/k/a Jane Doe Tucker on 04/27/18. (Smith, Cheri) |
| Filing 45 *SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Stacy Tucker a/k/a Jane Doe Tucker for service upon Gregory McDowell Tucker on 04/27/18. (Smith, Cheri) *Modified to correct service date on 6/8/2018 (EJA). |
| Filing 44 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Scott Thompson on 05/10/18. (Attachments: #1 Certificate of Record Thompson Evasion of Service & Additional Costs)(Smith, Cheri) |
| Filing 43 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Scott Thompson for service upon Jane Doe Thompson on 5/10/18. (Smith, Cheri) |
| Filing 42 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Kelly Dudley AG Liason for service upon Jane Doe Ryan on 04/24/18. (Smith, Cheri) |
| Filing 41 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Kelly Dudley AG liason for Service upon Charles Ryan on 04/24/18. (Smith, Cheri) |
| Filing 40 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Jerry Ott on 04/22/18. (Smith, Cheri) |
| Filing 39 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Maricopa County Board of Supervisors on 04/23/18. (Smith, Cheri) |
| Filing 38 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon Dori Ege a/k/a Dori Littler on 05/05/18. (Smith, Cheri) |
| Filing 37 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Greogry Clifford Accepted Service upon Lynette Clifford a/k/a Jane Doe Clifford on 04/22/18. (Smith, Cheri) |
| Filing 36 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon upon Gregory Clifford on 04/22/18. (Smith, Cheri) |
| Filing 35 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon City of Phoenix Risk Management on 04/24/18. (Smith, Cheri) |
| Filing 34 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint Arlin Chester for Service upon Jane Doe Chester on 04/24/18. (Smith, Cheri) |
| Filing 33 SERVICE EXECUTED filed by Cheri Smith: Affidavit of Service re: Summons and Complaint upon upon Arlin Chester on 4/24/18. (Smith, Cheri) |
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Filing 32
ORDER: Plaintiff shall have until June 15, 2018 to file a response to the Motion to Dismiss (Doc. #26 ). ORDERED that Defendants Jablonski and Standerwick shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/17/18. (EJA)
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Filing 31
ORDER: Plaintiff shall have until June 15, 2018 to file a response to the Motion to Dismiss (Doc. #25 ). ORDERED that Defendants City of Phoenix and Thompson shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/17/18. (EJA)
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Filing 30
ORDER: Plaintiff shall have until June 15, 2018 to file a response to the Motion to Dismiss (Doc. #22 ). ORDERED that Defendants San Juan County Board of Commissioners, Echols, and Christesen shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/17/18. (EJA)
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Filing 29
ORDER: Plaintiff shall have until June 15, 2018 to file a response to the Motion to Dismiss (Doc. #20 ). ORDERED that Defendants Ryan, Littler, Ott, and Chester shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/17/18. (EJA)
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Filing 28
ORDER: Plaintiff shall have until June 15, 2018 to file a response to the Motion to Dismiss (Doc. #19 ). ORDERED that Defendants Birdsall, Dean, Price, Tedrow, and Tucker shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/17/18. (EJA)
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| Filing 27 ANSWER to #8 Amended Complaint with Jury Demand by Arlin Chester, Unknown Chester, Dori Littler, Unknown Littler, Jerry Ott, Unknown Ott, Charles L Ryan, Unknown Ryan.(Gottfried, Michael) |
| Remark: Pro hac vice motion granted for Meghan S Nicholson on behalf of David Jablonski and Linda Standerwick. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 26 *MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by David Jablonski, Linda Standerwick. (Garcia, Bryan). *Modified to add motion on 5/16/2018 (DXD). |
| Filing 25 MOTION to Dismiss for Failure to State a Claim by Phoenix, City of, Scott Thompson. (Bell, Shannon) |
| Filing 24 RESPONSE in Opposition re: #9 MOTION for Preliminary Injunction filed by John A Dean, Jr, Robert Tedrow. (Biernoff, Ari) |
| Filing 23 MOTION to Stay re: #9 MOTION for Preliminary Injunction, #8 Amended Complaint,, by Ken Christesen, Unknown Christesen, Douglas A Echols, Unknown Echols, San Juan County Board of Commissioners. (Attachments: #1 Text of Proposed Order)(Molinario, Michele) |
| Filing 22 *MOTION to Dismiss for Lack of Jurisdiction by Ken Christesen, Unknown Christesen, Douglas A Echols, Unknown Echols, San Juan County Board of Commissioners. (Molinario, Michele) *Modified to correct event/remove filers on 5/16/2018 (DXD). |
| Remark: Pro hac vice motion granted for Bryan C Garcia on behalf of defendants David Jablonski and Linda Standerwick. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 21 STATEMENT of Conferral re: #20 MOTION to Dismiss Case by Defendants Arlin Chester, Unknown Chester, Dori Littler, Unknown Littler, Jerry Ott, Unknown Ott, Charles L Ryan, Unknown Ryan. (Gottfried, Michael) |
| Filing 20 *MOTION to Dismiss for Failure to State a Claim by Arlin Chester, Unknown Chester, Dori Littler, Unknown Littler, Jerry Ott, Unknown Ott, Charles L Ryan, Unknown Ryan. (Gottfried, Michael) *Modified to correct event type on 5/15/2018 (EJA). |
| Filing 19 *MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Unknown Birdsall, William Carlton Birdsall, Jr, John A Dean, Jr, Unknown Dean, Sandra A Price, Unknown Price, Robert Tedrow, Unknown Tedrow, Gregory M Tucker, Unknown Tucker. (Biernoff, Ari) *Modified to remove Motion part on 5/15/2018 (EJA). |
| Remark: Pro hac vice motion granted for Ari Biernoff on behalf of defendants Honorable William Carlton Birdsall, Jane Doe Birdsall, Honorable John A Dean, Jr., Jane Doe Dean, Honorable Sandra A Price, John Doe Price, Robert Tedrow, Jane Doe Tedrow, Gregory M Tucker, and Jane Doe Tucker. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 18
ORDER granting #17 Stipulation of Dismissal: The claims against Defendant Maricopa County, only, are dismissed without prejudice, with each party to bear their own attorneys' fees and costs. Maricopa County's motion to dismiss (Doc. #14 ) is DENIED as moot. Signed by Judge Douglas L Rayes on 5/10/18. (DXD)
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| Filing 17 STIPULATION of Dismissal STIPULATION TO DISMISS MARICOPA COUNTY by Maricopa, County of. (Attachments: #1 Text of Proposed Order)(Mak, Maxine) |
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Filing 16
ORDER: Plaintiff shall have until May 21, 2018 to file a response to the Motion to Dismiss (Doc. #14 ). ORDERED that Defendant Maricopa County shall file any reply within seven days from the date Plaintiff's response is filed. FURTHER ORDERED that the Motion (Doc. #14 ) shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Eileen S Willett on 5/7/18. (EJA)
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| Filing 15 RESPONSE to Motion re: #9 MOTION for Preliminary Injunction MARICOPA COUNTYS RESPONSE TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Maricopa, County of. (Mak, Maxine) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim MARICOPA COUNTYS MOTION TO DISMISS by Maricopa, County of. (Mak, Maxine) |
| Filing 13 Summons Issued as to Unknown Birdsall, William Carlton Birdsall, Jr, Arlin Chester, Unknown Chester, Ken Christesen, Unknown Christesen, Gregory E Clifford, Unknown Clifford, John A Dean, Jr, Unknown Dean, Douglas A Echols, Unknown Echols, David Jablonski, Unknown Jablonski, Dori Littler, Unknown Littler, Maricopa County Board of Supervisors, Maricopa, County of, Jerry Ott, Unknown Ott, Phoenix, City of, Sandra A Price, Unknown Price, Charles L Ryan, Unknown Ryan, San Juan County Board of Commissioners, San Juan, County of, Cheri Smith, Linda Standerwick, Unknown Standerwick, Robert Tedrow, Unknown Tedrow, Scott Thompson, Unknown Thompson, Gregory M Tucker, Unknown Tucker. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 12
ORDER granting Plaintiff's #10 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. Plaintiff must either serve each Defendant or seek a waiver of service for each Defendant. Within 21 days of being served with the First Amended Complaint and Motion for Preliminary Injunction, Defendants must file a response to the Motion for Preliminary Injunction. Plaintiff may file a reply within 10 days of Defendants' response. The action may be dismissed as to each Defendant not served, pursuant to Fed. R. Civ. P. 4(m). This matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. 636(b)(1). See document for complete details. Signed by Judge Douglas L Rayes on 4/19/18. (ATD)
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| Filing 11 SUMMONS Submitted by Cheri Smith. (MSA) |
| Filing 10 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Cheri Smith. (Attachments: #1 Proposed Order, #2 Amended Proposed Order)(EJA) |
| Filing 9 MOTION for Preliminary Injunction by Cheri Smith. (EJA) |
| Filing 8 AMENDED COMPLAINT against Michael D Arnold, II, Unknown Arnold, Unknown Birdsall, William Carlton Birdsall, Jr, Arlin Chester, Unknown Chester, Ken Christesen, Unknown Christesen, Gregory E Clifford, Unknown Clifford, John A Dean, Jr, Unknown Dean, Douglas A Echols, Unknown Echols, David Jablonski, Dori Littler, Jerry Ott, Unknown Ott, Phoenix, City of, Sandra A Price, Unknown Price, Charles L Ryan, San Juan, County of, Linda Standerwick, Unknown Standerwick, Robert Tedrow, Unknown Tedrow, Scott Thompson, Gregory M Tucker, Unknown Tucker, Unknown Ryan, Maricopa, County of, Unknown Littler, Unknown Thompson, Unknown Jablonski, San Juan County Board of Commissioners filed by Cheri Smith. (Attachments: #1 Exhibit A)(EJA) |
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Filing 7
ORDER - (1) The Complaint (Doc. #1 ) is dismissed for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint that does not exceed 25 pages in compliance with this Order. (2) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action and deny any pending unrelated motions as moot. (3) Plaintiff's Motion for Preliminary Injunction (Doc. #2 ) is denied without prejudice. (See document for further details). Signed by Judge Douglas L Rayes on 1/18/18. (LAD)
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| Filing 6 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Cheri Smith. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (MSA) |
| Filing 5 SUMMONS Submitted by Cheri Smith. (120 pages) (MSA) |
| Filing 4 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MSA) |
| Filing 3 NOTICE OF ASSIGNMENT: (MSA) |
| Filing 2 *MOTION for Preliminary Injunction by Cheri Smith. (15 pages) (MSA) (Additional attachment(s) added on 1/3/2018: #1 Corrected Motion) (CEI). *Modified to indicate upside down document; added corrected document on 1/3/2018 (CEI). |
| Filing 1 *PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $ 400.00, receipt number PHX192316 filed by Cheri Smith. (191 pages)(Attachments: #1 Exhibit, #2 Civil Cover Sheet)(MSA) (Additional attachment(s) added on 1/3/2018: #3 Corrected Complaint, #4 Corrected Cover Sheet) (CEI). *Modified to indicate complaint and cover sheet filed upside down; added corrected versions on 1/3/2018 (CEI). |
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