Lucero-Gonzalez et al v. Kline et al
| Tracy Ann Peuplie, Marvin Lee Enos, James Tyler Ciecierski, Claudia Romero-Lorenzo and Maria Guadalupe Lucero-Gonzalez |
| Michael Carvajal, David Gonzales, Donald W Washington and Kris Kline |
| 2:2020cv00901 |
| May 8, 2020 |
| US District Court for the District of Arizona |
| Deborah M Fine (PS) |
| Diane J Humetewa |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 40 NOTICE re: PLAINTIFFS-PETITIONERS NOTICE OF THIRTY-NINE (39) ADDITIONAL CONFIRMED COVID-19 CASES AT CORECIVIC by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Koerner, Matthew) |
| Filing 39 REPLY to Response to Motion re: #35 MOTION for Reconsideration re: #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Casselman, Margo) |
| Filing 38 RESPONSE to Motion re: #35 MOTION for Reconsideration re: #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington. (Acedo, Nicholas) |
| Filing 37 *Joint MOTION to Vacate #6 Order, Set/Reset Motion and R&R Deadlines/Hearings Re: Defendants-Respondents Joint Motion to Vacate Class Certification Briefing by Kris Kline, David Gonzales, Donald W Washington, Michael Carvajal. (Attachments: #1 Text of Proposed Order)(Lee, Jacob) *Modified to add filers on 6/26/2020 (EJA). |
Filing 36
ORDER that the reference to the Magistrate Judge is withdrawn as to the Motion for Reconsideration (Doc. #35 ). Defendants must file a response to the Motion for Reconsideration within 10 days of the date of this Order. Plaintiffs may file a Reply in support of their Motion within 5 days of the date Defendants' response is filed. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 6/18/2020. (LFIG)
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| Filing 35 MOTION for Reconsideration re: #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: #1 Text of Proposed Order)(Casselman, Margo) |
| Filing 34 *NOTICE of Service filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo: Notice of Service re: Summons, Complaint, Motion for Temporary Restraining Order and Motion for Class Certification upon David Gonzales, Donald W. Washington, Michael Carvajal, United States Attorney's office, United States Attorney General on 5/15/20, 6/11/20, 6/12/20. (Koerner, Matthew) *Modified to correct event type on 6/16/2020 (EJA). |
| Filing 33 *SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 6/12/20 to Kris Kline by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Koerner, Matthew) *Modified to correct event type on 6/16/2020 (EJA). |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION FOR TRO/PRELIMINARY INJUNCTION HEARING proceedings held on 05/22/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/1/2020. (RAP) |
| Filing 31 TRANSCRIPT REQUEST Amended to reflect daily rate by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo for proceedings held on 5/22/2020, Judge Diane J Humetewa hearing judge(s). (Koerner, Matthew) |
| Filing 30 TRANSCRIPT REQUEST of Hearing held on 5/22/2020 by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo for proceedings held on 5/22/2020, Judge Diane J Humetewa hearing judge(s). (Koerner, Matthew) |
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Filing 29
ORDER that the reference to the Magistrate Judge is withdrawn as to Plaintiffs' #2 Motion for Temporary Restraining Order and Preliminary Injunction. ORDERED denying Plaintiffs' #2 Motion for Temporary Restraining Order and Preliminary Injunction. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 6/2/2020. (See Order for details.) (LFIG)
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| Filing 28 NOTICE re: Plaintiffs' Proposed Rule 706 Expert and Objections by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Cabou, Jean-Jacques) |
| Filing 27 NOTICE re: Identity of Petitioner Claudia Romero-Lorenzo (Joint) by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington re: #16 Response to Motion . (Attachments: #1 Exhibit 1-2)(Acedo, Nicholas) |
| Filing 26 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Temporary Restraining Order/Preliminary Injunction Hearing held on 5/22/2020 re: Plaintiffs' #2 Motion. Arguments heard. IT IS ORDERED taking this matter under advisement. APPEARANCES: Telephonic appearances by Matthew Koerner, Emma Andersson, Jean-Jacques Cabou, Benjamin Calleros, Margo Casselman, Jared Keenan, Christine Wee, Alejandro Ortiz for Plaintiffs. Telephonic appearances by Nicholas Acedo and Jacob Lee for Defendants. Telephonic appearance by William Staes for the Federal Defendants. (Court Reporter Linda Schroeder.) Hearing held 9:59 AM to 11:23 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 25 NOTICE re: Notice of Proposed Rule 706 Expert and Objections (Joint) by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington re: #19 Order, Set/Reset Hearings . (Attachments: #1 Exhibit 1-3)(Acedo, Nicholas) |
| Filing 24 NOTICE re: Supplemental Authority Re: Exhaustion (Joint) by Michael Carvajal, David Gonzales, Donald W Washington, Kris Kline re: #16 Response to Motion. (Acedo, Nicholas) *Modified to add filer on 5/22/2020 (DXD). |
| Filing 23 NOTICE re: Joint Supplemental Declarations in Support of Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction by Kris Kline re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #21 Notice of Errata, #18 Reply to Response to Motion, #16 Response to Motion . (Attachments: #1 Supplemental Declaration of Warden K. Kline, #2 Supplemental Declaration of A. Partain)(Acedo, Nicholas) |
| Filing 22 MINUTE ORDER: The Court has received inquiries from media representatives who wish to listen to the May 22, 2020, telephonic hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the May 22, 2020 telephonic hearing will be permitted. Members of the media seeking access are directed to email: AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Participants and listeners are reminded that audio recording the proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 21 NOTICE of Errata re: #16 Response to Motion Re: (Corrected) Index to Attachments of Declaration of K. Kline (Doc. 16-4, pgs. 1-2) by Defendant Kris Kline.. (Attachments: #1 Exhibit 1 - Index to Attachments of Declaration of K. Kline (Doc 16-4) - Corrected)(Lee, Jacob) |
| Remark: Pro hac vice motion(s) granted for Alejandro Agustin Ortiz on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, and Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 SERVICE EXECUTED : Certified Mail Receipt re: Order upon Daniel Struck on 5/14/2020. (CLB) |
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Filing 19
ORDER that the referral to the Magistrate Judge is withdrawn as to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ). ORDERED setting a Telephonic Hearing re: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) for 5/22/2020 at 10:00 AM (Arizona Time) in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel will receive dial-in instructions for the teleconference separately via electronic mail. ORDERED the parties must meet and confer prior to the hearing in order to agree upon an expert willing and able to immediately serve as a Rule 706 expert should the Court grant Plaintiffs' Motion. IT IS FURTHER ORDERED that if any member of the public wishes to listen to the telephonic hearing, they shall contact chambers via electronic mail to request dial-in instructions to listen to the hearing. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 5/18/2020. (See Order for details.) (LFIG)
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| Filing 18 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: #1 Exhibit)(Koerner, Matthew) |
| Filing 17 Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons)(BAS) |
| Filing 16 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #12 MOTION for Leave to File Excess Pages for Respondent Kline's Opposition to Motion for Preliminary Injunction filed by Kris Kline. (Attachments: #1 Declaration of Chief Deputy USMS Van D. Bayless, #2 Declaration of K. Ivens, M.D., F.A.C.C.P. (w/Attachment 01), #3 Declaration of Warden K. Kline, #4 Attachments 01-11 to Declaration of Warden K. Kline, #5 Attachments 12-18 to Declaration of Warden K. Kline, #6 Attachements 19-27 to Declaration of Warden K. Kline, #7 Attachments 28-32 to Declaration of Warden K. Kline, #8 Declaration of A. Partain (w/Attachments 01-07))(Acedo, Nicholas) |
| Filing 15 SUMMONS Submitted by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: #1 Summons)(Koerner, Matthew) |
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Filing 14
ORDER that the referral to the Magistrate Judge is withdrawn as to Defendants' #12 Motion for Leave to Exceed Page Limit. ORDERED granting the #12 Motion for Leave to Exceed Page Limit. Signed by Judge Diane J Humetewa on 5/14/2020. (LFIG)
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| Filing 13 NOTICE OF ATTORNEY APPEARANCE: Wiliam C. Staes appearing for Michael Carvajal, David Gonzales, Donald W Washington. . (Staes, William) |
| Filing 12 MOTION for Leave to File Excess Pages for Respondent Kline's Opposition to Motion for Preliminary Injunction by Kris Kline. (Attachments: #1 Text of Proposed Order)(Acedo, Nicholas) |
| Filing 11 NOTICE of Appearance by Jared G Keenan on behalf of James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Keenan, Jared) |
| Filing 10 NOTICE of Appearance by Daniel Patrick Struck on behalf of Kris Kline. (Struck, Daniel) |
| Filing 9 NOTICE of Appearance by Christine Keeyeh Wee on behalf of James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Wee, Christine) |
| Remark: Pro hac vice motion(s) granted for Emma A Andersson on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, and Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 Summons Issued as to Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington. (Attachments: #1 Summons, #2 Summons, #3 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (4 total) |
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Filing 6
ORDER - Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) is denied to the extent it seeks a temporary restraining order without notice to Defendants. If Plaintiffs do not obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). Defendants must respond to the Motion for Class Certification (Doc. #3 ) and answer the Complaint (Doc. #1 ) or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Any answer or response must state the specific Defendant by name on whose behalf it is filed. NO LATER than 5:00 p.m. on THURSDAY, MAY 14, 2020, Defendants must RESPOND to the Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs may file a reply no later than 5:00 p.m. on Friday, May 15, 2020. The Clerk of Court must send a copy of this Order to counsel for CoreCivic, Daniel P. Stuck, by email to dstruck@strucklove.com, and by certified mail to: Daniel P. Struck, Struck Love Bojanowski & Acedo PLC, 3100 W Ray Rd., Ste. The Clerk of Court must also send a copy of this Order by email to the United States Attorney for the District of Arizona, to the attention of Peter M. Lantka at peter.lantka@usdoj.gov and Mary Finlon at mary.finlon@usdoj.gov. This matter is referred to Magistrate Judge Deborah M. Fine 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 further details). Signed by Judge Diane J Humetewa on 5/11/2020. (LAD)
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| Filing 5 SUMMONS Submitted by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Koerner, Matthew) |
| Filing 4 NOTICE OF ASSIGNMENT (MCO) |
| Filing 3 MOTION to Certify Class (Motion for Class Certification and Memorandum in Support) by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Koerner, Matthew) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(MCO) |
| Filing 2 * MOTION for Temporary Restraining Order by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Koerner, Matthew) (Attachments: #1 Text of Proposed Order)(MCO). * Added MOTION for Preliminary Injunction on 5/11/2020 (LAD). |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-18265715 filed by Tracy Ann Peuplie, Claudia Romero-Lorenzo, James Tyler Ciecierski, Maria Guadalupe Lucero-Gonzalez, Marvin Lee Enos. (Koerner, Matthew) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(MCO) |
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