Bowyer et al v. Ducey et al
| Michael John Burke, Greg Safsten, Nancy Cottle, Jake Hoffman, Tyler Bowyer, Robert Montgomery, Loraine Pellegrino, James R Lamon, Kelli Ward, Salvatore Luke Scarmardo, Anthony Kern, Michael Ward, Christopher M King and Sam Moorhead |
| Katie Hobbs and Doug Ducey |
| Maricopa County Board of Supervisors, Arizona Democratic Party and Adrian Fontes |
| 2:2020cv02321 |
| December 2, 2020 |
| U.S. District Court for the District of Arizona |
| Diane J Humetewa |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 90 TRANSCRIPT REQUEST by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward for proceedings held on 12/08/2020, Judge Diane J Humetewa hearing judge(s). (Viskovic, Christopher) |
| Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings for date of 12/03/2020 before Judge DIANE J. HUMETEWA re: #85 Notice of Appeal. [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 2/10/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/20/2021. (RAP) |
| Filing 88 TRANSCRIPT REQUEST by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward for proceedings held on 12/3/2020, Judge Diane J Humetewa hearing judge(s). (Viskovic, Christopher) |
| Remark: Out of state attorneys Brandon Johnson and Emily Johnson terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 87 USCA Case Number re: #85 Notice of Appeal. Case number 20-17399, Ninth Circuit. (DXD) |
| Remark: Pro hac vice motion(s) granted for Julia Zuszua Haller on behalf of Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 86 NOTICE TO FILER OF DEFICIENCY re: #85 Notice of Appeal filed by Salvatore Luke Scarmardo, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, James R Lamon, Greg Safsten, Sam Moorhead, Nancy Cottle, Christopher M King, Kelli Ward, Loraine Pellegrino, Michael John Burke, Jake Hoffman. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Sidney Powell but submitted using the log-in and password belonging to attorney Christopher Viskovic. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 85 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #84 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Seal Document, Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Strike, Order on Motion in Limine by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. Filing fee received: $ 505.00, receipt number 0970-18963302. (Viskovic, Christopher) |
Filing 84
ORDER: IT IS HEREBY ORDERED that Defendants' Governor Doug Ducey, Secretary of State Katie Hobbs, and Intervenor Defendants Maricopa County Board of Supervisors and Adrian Fontes' Motions to Dismiss (Docs. #36 , #38 , and #40 ) are GRANTED. ORDERED that all remaining pending motions (Docs. #14 , #62 , #65 and #66 ) are denied as moot, and the hearing on Plaintiffs' TRO and Preliminary Injunction set for December 10, 2020 is vacated. IT IS FURTHER ORDERED that this matter is dismissed, and the Clerk of Court is kindly directed to terminate this action. Signed by Judge Diane J Humetewa on 12/9/2020. (See Order for details.) (LFIG)
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| Filing 83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of VIDEO TELECONFERENCE - ORAL ARGUMENTS proceedings held on 12/08/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. 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 12/29/2020. Redacted Transcript Deadline set for 1/8/2021. Release of Transcript Restriction set for 3/8/2021. (RAP) |
| Filing 82 NOTICE TO FILER OF DEFICIENCY re: #81 Notice (Other) filed by Maricopa County Board of Supervisors, Adrian Fontes. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Thomas Liddy but submitted using the log-in and password belonging to attorney Joseph LaRue. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 81 NOTICE re: of Supplemental Authority by Adrian Fontes, Maricopa County Board of Supervisors . (Attachments: #1 Exhibit Ward v. Jackson Decision Order (Ariz. S. Ct., December 8, 2020))(LaRue, Joseph) |
| Filing 80 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: Defendants' Motions to Dismiss (Docs. #36 , #37 , #38 , and #40 ) held on 12/8/2020. Argument heard. Order to follow. APPEARANCES: Julia Haller, Alexander Kolodin, Emily Newman and Christopher Viskovic for Plaintiffs. Justin Nelson, Stephen Morrissey, Stephen Shackelford, Roopali Desai, and Davida Brook for Defendant Hobbs. Brett Johnson, Colin Ahler and Anni Foster for Defendant Ducey. Thomas Liddy, Emily Craiger, Joseph LaRue, and Joseph Vigil for Intervenor Defendants Fontes and Maricopa County Board of Supervisors. (Court Reporter E. Cruz-Lauer.) Hearing held 9:21 AM to 10:36 AM.Members of the public or of the media seeking access to the hearing set for Thursday, December 10, 2020 at 9:30 AM are to call: 1-844-291-5495 and enter access code: 5609904 when prompted. Pursuant to Local Rule 43.1, participants and listeners are reminded that recording court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 79 NOTICE re: Notice of Exhibit Submission by Katie Hobbs . (Attachments: #1 Exhibit A)(Nelson, Justin) |
| Filing 78 NOTICE of Errata re: #65 MOTION in Limine re: Motion To Exclude The Testimony And Reports Of Plaintiffs Experts by Defendant Katie Hobbs.. (Attachments: #1 Exhibit 1-11)(Desai, Roopali) |
| Filing 77 TRANSCRIPT REQUEST (3rd PARTY/MEDIA) by Alexander Hosenball of ABC News for proceedings held on 12/08/2020, Judge Diane J Humetewa hearing judge(s). (RAP) |
| Filing 76 NOTICE re: Notice of Location of Briefing Distinguishing Ward v. Jackson by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward re: #44 Reply to Response to Motion . (Kolodin, Alexander) |
| Filing 75 NOTICE of Supplemental Authority by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward . (Attachments: #1 Exhibit Exhibit 1)(Kolodin, Alexander) *Modified text on 12/8/2020 (SLQ). |
| Filing 74 MINUTE ORDER: The Court has received inquiries from the public who wish to listen to the December 8, 2020, 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 December 8, 2020 hearing will be permitted. Members of the public or of the media seeking access are to call: 1-844-291-5495 and enter access code: 5609904 when prompted. Pursuant to Local Rule 43.1, participants and listeners are reminded that recording court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Remark: Pro hac vice motion(s) granted for Elizabeth B Hadaway on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 73 *SUPPLEMENT to Governor Ducey's Objections to Plaintiff's Exhibit and Witness List for December 10 Hearing re: #63 Objection by Defendant Doug Ducey. (Johnson, Brett) *Modified text on 12/8/2020 (SLQ). |
| Filing 72 *RESPONSE in Opposition to #58 County's MOTION for Judicial Notice by Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Exhibit)(Kolodin, Alexander) *Modified to correct event; attorney noticed on 12/8/2020 (SLQ). |
| Filing 71 NOTICE of Service of Discovery filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 70 RESPONSE to Motion re: #14 MOTION to Seal Document filed by Katie Hobbs. (Desai, Roopali) |
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Filing 69
ORDER: The Court being fully apprised of the briefing on the Motions to Dismiss in this matter, and in the interest of judicial economy, IT IS ORDERED setting the following argument schedule for the Oral Argument on the Motions to Dismiss set for December 8, 2020: Defendants shall collectively have 20 minutes to argue their Motions to Dismiss. Defendants, including Intervenor Defendants (Ducey, Hobbs, Fontes, and Maricopa County Board of Supervisors), shall confer and designate one attorney to present oral argument on behalf of Defendants. Plaintiffs shall have 20 minutes in response, and shall designate one attorney to make their oral argument. Defendants will be allowed a 5 minute rebuttal, argued by a single attorney. Moreover, IT IS FURTHER ORDERED denying the Motion to Intervene by the Arizona Democratic Party (Doc. #26 ), and likewise, the Court will not consider its Motion to Dismiss (Doc. #37 ), with a written order to follow. IT IS FURTHER ORDERED denying Plaintiffs' Motion to Strike (Doc. #45 ) as moot. ORDERED by Judge Diane J Humetewa on 12/7/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 68
ORDER: This matter is before the Court on Plaintiffs' Motion for "Hearing or Conference" (Doc. #56 ) related to their Motion for TRO and Preliminary Injunction (Doc. #2 ). IT IS ORDERED the Motion (Doc. #56 ) is denied. Therein, Plaintiffs request the Court hold a hearing on their Motion for Preliminary Injunction "on December 8, 2020 after oral arguments on the motions to dismiss." (Doc. #56 ). Plaintiffs filed a Motion for TRO and Preliminary Injunction as a single filing on December 2, 2020 (Doc. #2 ). As the parties are aware, the Court originally set a hearing on that Motion (Doc. #2 ) for December 8, 2020, later converting that hearing to an Oral Argument on the Motions to Dismiss (Doc. 43 ). The Court reiterated this ruling (Doc. 51 ) in denying a Motion (Doc. #46 ) from Plaintiffs requesting to present three hours of expert witness testimony related to the TRO at the Oral Argument on the Motions to Dismiss. A hearing on the TRO is currently scheduled to take place on Thursday, December 10, 2020 at 9:30 AM. The Court clarifies that the Hearing on December 10, 2020 will encompass Plaintiffs' Motion for TRO and Preliminary Injunction (Doc. #2 ), to the extent that Motion argues for a Preliminary Injunction. IT IS FURTHER ORDERED the Court will not hear any witness testimony at the hearing on the Motions to Dismiss. ORDERED by Judge Diane J Humetewa on 12/7/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 67 NOTICE TO FILER OF DEFICIENCY re: #57 Notice (Other) filed by Katie Hobbs. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 66 MOTION in Limine re: Objections to Defense Experts by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 65 MOTION in Limine re: Motion To Exclude The Testimony And Reports Of Plaintiffs Experts by Katie Hobbs. (Desai, Roopali) |
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Filing 64
ORDER: IT IS ORDERED that Intervenor-Defendant Maricopa County's Motion for Judicial Notice (Doc. #58 ) is granted pursuant to Fed. R. Evid. 201. ORDERED by Judge Diane J Humetewa on 12/7/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 63 OBJECTION to Plaintiffs Exhibit and Witness List for December 10 Hearing by Defendant Doug Ducey. (Johnson, Brett) |
| Filing 62 MOTION to Strike Plaintiffs' Witnesses and Exhibits by Katie Hobbs. (Desai, Roopali) |
| Filing 61 OBJECTION to Plaintiffs' Witnesses and Exhibits by Intervenor Arizona Democratic Party. (Attachments: #1 Exhibit, #2 Exhibit)(Danneman, Alexis) |
| Filing 58 MOTION Intervenor-Defendant Maricopa County's Motion for Judicial Notice by Adrian Fontes, Maricopa County Board of Supervisors. (Attachments: #1 Text of Proposed Order Exhibit A & B)(Liddy, Thomas) |
| Filing 57 NOTICE re: Second Notice of Supplemental Authority by Katie Hobbs . (Attachments: #1 Exhibit A)(Nelson, Justin) |
| Filing 56 MOTION for Hearing or Conference re: Hearing on Plaintiffs' Motion for Preliminary Injunction by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Text of Proposed Order)(Kolodin, Alexander) |
| Remark: Pro hac vice motion(s) granted for John Michael Geise on behalf of Intervenor Arizona Democratic Party. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 60 NOTICE TO FILER OF DEFICIENCY re: #48 Exhibit List filed by Maricopa County Board of Supervisors, Adrian Fontes. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Joseph Vigil but submitted using the log-in and password belonging to attorney Thomas Liddy. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 55 *REPLY to RESPONSE re: #40 MOTION to Dismiss Case by Defendant Katie Hobbs. (Attachments: #1 Exhibit Index and Exhibit A, #2 Exhibit B)(Nelson, Justin) *Modified to correct event; attorney noticed on 12/7/2020 (SLQ). |
| Filing 54 *REPLY to RESPONSE to #36 MOTION to Dismiss by Intervenor Parties Adrian Fontes, Maricopa County Board of Supervisors. (Liddy, Thomas) *Modified to correct event; attorney noticed on 12/7/2020 (SLQ). |
| Filing 53 *REPLY TO RESPONSE to Motion re: #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Doug Ducey. (Johnson, Brett) *Modified to correct event; attorney noticed on 12/7/2020 (SLQ). |
| Filing 52 REPLY to Response to Motion re: #37 MOTION to Dismiss Case and Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction filed by Arizona Democratic Party. (Danneman, Alexis) |
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Filing 51
ORDER: IT IS ORDERED that Plaintiffs' Motion for Modification of Hearing Schedule (Doc. #46 ), in which they seek to have three hours to present expert witnesses during the Oral Argument set for Tuesday, December 8, 2020 on Defendants' pending Motions to Dismiss, is DENIED. IT IS FURTHER ORDERED the December 8, 2020 hearing will solely be on the arguments presented in the Motions to Dismiss (See Doc. 43). ORDERED by Judge Diane J Humetewa on 12/6/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 50 NOTICE re: Service of Defendant Arizona Secretary of State Katie Hobbs Exhibit List and Providing Copies of Exhibits by Katie Hobbs . (Brook, Davida) |
| Filing 49 *NOTICE of Service of Discovery re: Rule 26 Expert Disclosures and Witness Disclosures for December 10, 2020 Hearing by Katie Hobbs . (Brook, Davida) *Modified to correct event; attorney noticed on 12/7/2020 (SLQ). |
| Filing 48 Exhibit List and Witnesses and Providing Copies of Exhibits by Adrian Fontes, Maricopa County Board of Supervisors. (Liddy, Thomas) |
| Filing 47 NOTICE re: Service of Defendant Governor Duceys Combined Exhibit and Witness List for December 10, 2020 Hearing by Doug Ducey . (Johnson, Brett) |
| Filing 46 MOTION Modification of Hearing Schedule re: 28 Status Conference, Set/Reset Hearings, Set/Reset Motion and R&R Deadlines/Hearings, Common Prompts (Text Only) by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Text of Proposed Order)(Kolodin, Alexander) |
| Filing 45 MOTION to Strike #37 MOTION to Dismiss Case and Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Text of Proposed Order)(Kolodin, Alexander) |
| Filing 44 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction and Response to Plaintiffs' Motion for TRO and Preliminary Injunction, #37 MOTION to Dismiss Case and Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, #40 MOTION to Dismiss Case - Defendant Secretary of State Katie Hobbs' Combined Motion to Dismiss and Opposition to Motion for TRO/Preliminary Injunction, #36 MOTION to Dismiss Case and Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Exhibit Exhibits 1 - 5)(Kolodin, Alexander) |
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Filing 43
ORDER: IT IS ORDERED the Hearing set for Tuesday, December 8, 2020 at 9:15 AM on Plaintiffs' Motion for Temporary Restraining Order (Doc. 28) is hereby converted to Oral Argument on the pending Motions to Dismiss (Docs. #36 , #37 , #38 , and #40 ). The Court will permit remote appearances by video-teleconference. Counsel that will appear remotely shall confer and designate one counsel per side to contact the Court's IT department at [email protected] no later than 12:00 PM on Monday, December 7, 2020 for instructions, and a test connection if any, shall be completed by no later than close of business on that date. IT IS FURTHER ORDERED the Hearing on Plaintiffs' Motion for Temporary Restraining Order (Doc. #2 ) is reset to Thursday, December 10, 2020 at 9:30 AM. IT IS FURTHER ORDERED the remainder of the order at Doc. 28 is AFFIRMED. ORDERED by Judge Diane J Humetewa on 12/5/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 42 NOTICE of Service of Discovery filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 41 NOTICE re: Supplemental Authority by Katie Hobbs . (Attachments: #1 Exhibit A)(Desai, Roopali) |
| Filing 59 NOTICE TO FILER OF DEFICIENCY re: #41 Notice (Other) filed by Katie Hobbs, #55 Reply filed by Katie Hobbs, #33 MOTION for Issuance of Pre-Hearing Order filed by Katie Hobbs, #49 Notice (Other) filed by Katie Hobbs, #57 Notice (Other) filed by Katie Hobbs, #40 MOTION to Dismiss Case - Defendant Secretary of State Katie Hobbs' Combined Motion to Dismiss and Opposition to Motion for TRO/Preliminary Injunction filed by Katie Hobbs. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 40 * MOTION to Dismiss Case - Defendant Secretary of State Katie Hobbs' Combined Motion to Dismiss and RESPONSE in Opposition to #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Katie Hobbs. (Attachments: #1 Exhibit Index plus A, #2 Exhibit B, #3 Exhibit C)(Nelson, Justin) *Modified to add text and document link on 12/7/2020 (SLQ). |
| Filing 39 NOTICE re: Notice and Certification of Conferral Regarding Motion to Dismiss by Doug Ducey re: #38 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction and Response to Plaintiffs' Motion for TRO and Preliminary Injunction . (Johnson, Brett) |
| Filing 38 * MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction and RESPONSE to #2 Plaintiffs' MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Doug Ducey. (Attachments: #1 Exhibit Exhibits A-B)(Johnson, Brett) *Modified text and added document link on 12/7/2020 (SLQ). |
| Filing 37 *MOTION to Dismiss Case and RESPONSE to #2 Plaintiffs' MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Arizona Democratic Party. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Danneman, Alexis) *Modified to add text and document link on 12/7/2020 (SLQ). |
| Filing 36 * MOTION to Dismiss Case and RESPONSE in Opposition to #2 Plaintiffs' MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Adrian Fontes, Maricopa County Board of Supervisors. (Liddy, Thomas) *Modified to add text and document link on 12/7/2020 (SLQ). |
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Filing 35
ORDER: IT IS ORDERED that Plaintiffs shall provide full and complete witness disclosures by Saturday, December 5, 2020, at 12:00 PM. Defendants and Intervenors shall provide full and complete witness disclosures by Sunday, December 6, 2020, at 12:00 PM. Witness admissibility issues should be resolved by stipulation. All parties must disclose and exchange exhibits by Sunday, December 6, 2020 at 3:00 PM. The parties shall ensure that copies of all exhibits must be produced to the Court by Monday, December 7, 2020 at 12:00 PM. Document admissibility issues should be resolved by stipulation. ORDERED that the parties' objections to witnesses and exhibits shall be filed with the Court, as described herein, by Monday, December 7, 2020 at 12:00 PM. IT IS FURTHER ORDERED that any witness or exhibit not disclosed to the other party or to the Court will not be admitted at the hearing. Signed by Judge Diane J Humetewa on 12/4/2020. (See Order for details.) (LFIG)
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| Filing 34 RESPONSE in Opposition re: #33 MOTION for Issuance of Pre-Hearing Order filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 33 MOTION for Issuance of Pre-Hearing Order by Katie Hobbs. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Desai, Roopali) |
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Filing 32
ORDER: This matter is before the Court on the Motion of the Maricopa County Board of Supervisors and Maricopa County Recorder Adrian Fontes (Doc. #27 ) to intervene in this matter. Therein, the Court finds that all elements of Rule 24 (a)(2) have been satisfied and that intervention is warranted. Therefore, the Court grants the Motion (Doc. #27 ). Maricopa County may respond to the TRO and/or file a Motion to Dismiss with the same deadlines set by the Court for the other Defendants to respond (Doc. 28 ). The Court is aware that a Motion to Intervene has been filed by the Arizona Democratic Party (Doc. #26 ), but does not rule on that Motion herein. ORDERED by Judge Diane J Humetewa on 12/4/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA)
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| Filing 31 REPLY to Response to Motion re: #26 MOTION to Intervene filed by Arizona Democratic Party. (Danneman, Alexis) |
| Filing 30 NOTICE TO FILER OF DEFICIENCY re: #24 Notice of Appearance/Association of Counsel filed by Doug Ducey. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Remark: Pro hac vice motion(s) granted for John M Devaney on behalf of Intervenor Arizona Democratic Party. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for L Lin Wood on behalf of Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Stephen Lee Shackelford, Jr on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Marc E Elias, Bruce Van Spiva, Laura C Hill on behalf of Intervenor Arizona Democratic Party. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Howard Kleinhendler on behalf of Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Davida Brook on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 29 RESPONSE in Opposition re: #26 MOTION to Intervene filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Exhibit Exhibit 1)(Kolodin, Alexander) |
| Filing 28 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Status Conference held on December 3, 2020. As set forth on the record, Defendants shall file their Response/Motion to Dismiss to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) by 10:00 PM on December 4, 2020. A Reply to the Motion (Doc. #2 ) and the Response to the Motion to Dismiss is due by 10:00 PM on December 5, 2020. A Reply to the Motion to Dismiss is due by 10:00 PM on December 6, 2020. LATER (off the record): IT IS ORDERED setting a Temporary Restraining Order Hearing for Tuesday, December 8, 2020 at 9:15 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. A maximum of two (2) counsel are permitted in person for named Plaintiffs and Defendants. All other participating counsel will appear telephonically and will receive dial-in instructions via separate electronic communication. Each named party will have one (1) hour to present their case. The parties are to meet and confer as to whether agreement can be reached as to admissibility of witness affidavits and/or declarations. The named parties will have 20 minutes each to argue the Motion to Dismiss, and five (5) minutes for rebuttal. If necessary, the Court may extend the time of hearing to Wednesday, December 9, 2020 at 9:00 AM. IT IS FURTHER ORDERED that if any member of the public or the media wishes to listen to the hearing, they shall email [email protected] to obtain dialing instructions. Pursuant to Local Rule 43.1, participants and listeners are reminded that audiotaping court proceedings is prohibited. TELEPHONIC APPEARANCES: Howard Kleinhendler, Sidney Powell, Julia Haller, Peter Haller, Alexander Kolodin, and Lin Wood for Plaintiffs. Brett Johnson, Colin Ahler, and Anni Foster for Defendant Ducey. Justin Nelson, Stephen Morrissey, Davida Brook, and Andrew Gaona for Defendant Hobbs. Roy Herrera, John Devaney, and Alexis Danneman for Intervenor Arizona Democratic Party. (Court Reporter L. Schroeder.) Hearing held 2:00 PM to 2:36 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 27 MOTION to Intervene by Maricopa County Board of Supervisors, Adrian Fontes. (Liddy, Thomas) |
| Filing 26 MOTION to Intervene by Arizona Democratic Party. (Attachments: #1 Text of Proposed Order)(Danneman, Alexis) |
| Filing 25 NOTICE of Appearance by Howard Kleinhendler on behalf of Tyler Bowyer. (Kleinhendler, Howard) |
| Filing 24 NOTICE of Appearance by Brett William Johnson on behalf of Doug Ducey. (Johnson, Brett) |
| Remark: Pro hac vice motion(s) granted for Justin A Nelson on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Stephen Edward Morrissey on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Sidney Katherine Powell on behalf of Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 23 SERVICE EXECUTED filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward: Declaration of Service re: Summons and Order for 2pm Hearing for 12/3/2020 upon Maryn Herberg for Katie Hobbs on 12/02/2020. (Kolodin, Alexander) |
| Filing 22 SERVICE EXECUTED filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward: Declaration of Service re: Summons and Order for 2pm Hearing for 12/3/2020 upon Anni Foster General Counsel for Doug Ducey on 12/02/2020. (Kolodin, Alexander) |
| Filing 21 SERVICE EXECUTED filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward: Declaration of Service re: Complaint, Motion for TRO, Proposed Order upon Ariel Morin for Katie Hobbs on 12/02/2020. (Kolodin, Alexander) |
| Filing 20 SERVICE EXECUTED filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward: Declaration of Service re: Complaint, Motion for TRO, Proposed Order upon Anni Foster General Counsel for Doug Ducey on 12/02/2020. (Kolodin, Alexander) |
| Filing 19 NOTICE of Appearance by Roopali H Desai on behalf of Katie Hobbs. (Desai, Roopali) |
| Filing 18 SEALED LODGED Proposed Exhibit 13 Unredacted re: #14 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 17 SEALED LODGED Proposed Exhibit 12 Unredacted re: #14 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 16 SEALED LODGED Proposed Exhibit 4 Unredacted re: #14 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 15 SEALED LODGED Proposed Exhibit 1 Unredacted re: #14 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 14 MOTION to Seal Document by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Attachments: #1 Text of Proposed Order)(Kolodin, Alexander) |
| Filing 13 Summons Issued as to Katie Hobbs. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 12 SUMMONS Submitted by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
|
Filing 11
ORDER: IT IS ORDERED setting a Telephonic Status Conference for Thursday, December 3, 2020 at 2:00 PM before Judge Diane J Humetewa. Participating counsel will receive dial-in instructions via separate electronic communication. IT IS FURTHER ORDERED that Plaintiffs shall serve Defendants with the Complaint (Doc. #1 ) and Summons, Motion for Temporary Restraining Order (Doc. #2 ), and a copy of this Order by 8:00 p.m. on December 2, 2020. IT IS FURTHER ORDERED that proof of service shall be filed with this Court by noon on December 3, 2020. IT IS FURTHER ORDERED that if any member of public or the media wishes to listen to the hearing, they shall email [email protected] to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. ORDERED by Judge Diane J Humetewa on 12/2/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 10 Summons Issued as to Doug Ducey. (EJA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) |
| Filing 8 NOTICE of Errata re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiffs Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward.. (Kolodin, Alexander) |
|
Filing 7
ORDER that this matter is reassigned to the Honorable Diane J. Humetewa, United States District Judge. All further pleadings and papers submitted for filing shall bear the following complete case number: CV-20-2321-PHX-DJH. Signed by Senior Judge James A Teilborg on 12/2/20. (EJA)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Salvatore Luke Scarmardo, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, James R Lamon, Greg Safsten, Sam Moorhead, Nancy Cottle, Christopher M King, Kelli Ward, Loraine Pellegrino, Michael John Burke, Jake Hoffman. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #3 Summons Submitted filed by Salvatore Luke Scarmardo, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, James R Lamon, Greg Safsten, Sam Moorhead, Nancy Cottle, Christopher M King, Kelli Ward, Loraine Pellegrino, Michael John Burke, Jake Hoffman. Unable to issue summons. Summons must list attorney information on form where indicated. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) |
| Filing 4 Filing fee paid, receipt number 0970-18933281. This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-20-2321-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 3 SUMMONS Submitted by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) (Attachments: #1 Summons)(ARC) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Tyler Bowyer, Michael John Burke, Nancy Cottle, Jake Hoffman, Anthony Kern, Christopher M King, James R Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Salvatore Luke Scarmardo, Kelli Ward, Michael Ward. (Kolodin, Alexander) (Attachments: #1 Text of Proposed Order)(ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-18933281 filed by Greg Safsten, James R Lamon, Michael John Burke, Tyler Bowyer, Kelli Ward, Christopher M King, Nancy Cottle, Robert Montgomery, Salvatore Luke Scarmardo, Michael Ward, Sam Moorhead, Jake Hoffman, Loraine Pellegrino, Anthony Kern. (Kolodin, Alexander) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - 3, #3 Exhibit 4 - 8, #4 Exhibit 9 - 11, #5 Exhibit 12 - 13, #6 Exhibit 14 - 15, #7 Exhibit 16 part 1, #8 Exhibit 16 part 2, #9 Exhibit 17 - 18, #10 Exhibit 19 - 23)(ARC) |
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