United Food & Commercial Workers et al v. Ducey et al
| Arizona State AFL-CIO, James McLaughlin and Local 99 United Food & Commercial Workers |
| Mark Brnovich, Douglas Ducey, Dale L Schultz, Steven J Krenzel, Scott P LeMarr, Lisa Padgett, Joseph M Hennelly, Jr. and James Ashley |
| Local 469 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Pension Plan, Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Joint Apprenticeship Committee, Aaron Bulter, Nickolas Ganem and Carl Triphahn |
| 2:2021cv01015 |
| June 10, 2021 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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| Filing 29 *NOTICE of Mailing Amended Complaint and Order filed by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers upon Defendant Governor Douglas Ducey, Defendant Mark Brnovich, and Proposed Plaintiff Intervenor on 8/4/2021. (Grossman-Swenson, Sarah) *Modified to correct event on 8/6/2021. No return receipt provided. (MHW). |
| Filing 27 Summons Issued as to James Ashley. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 28 NOTICE TO FILER OF DEFICIENCY re: #25 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) filed by Arizona State AFL-CIO, Local 99 United Food & Commercial Workers, James McLaughlin. 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 signed by attorneys Sarah Grossman-Swenson and X. Alex Carpio but submitted using the log-in and password belonging to attorney Paul More. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHW) |
| Filing 26 SUMMONS Submitted by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers. (More, Paul) |
| Filing 25 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers . (More, Paul) |
| Filing 24 NOTICE TO FILER OF DEFICIENCY re: #23 Amended Complaint filed by Arizona State AFL-CIO, Local 99 United Food & Commercial Workers, James McLaughlin. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. 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. (MHW) |
| Filing 23 AMENDED COMPLAINT against Mark Brnovich, Douglas Ducey, James Ashley filed by Arizona State AFL-CIO, Local 99 United Food & Commercial Workers, James McLaughlin.(More, Paul) |
Filing 22
ORDER setting a Rule 16 Scheduling Conference for 10/19/2021 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 7/28/2021. (See Order for details.) (LFIG)
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| Filing 21 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Douglas Ducey, in his capacity as the Governor of the State of Arizona on 07/14/2021. (Barrett, Gerald) |
| Filing 20 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Mark Brnovich, in his capacity as the Attorney General of the State of Arizona on 07/13/2021. (Barrett, Gerald) |
| Filing 19 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Dale L. Schultz, in his capacity as Chair of the Industrial Commission of Arizona on 07/13/2021. (Barrett, Gerald) |
| Filing 18 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Joseph M. Hennelly, Jr. in his capacity as the Vice Chairman of the Industrial Commission of Arizona on 07/13/2021. (Barrett, Gerald) |
| Filing 17 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Scott P. LeMarr, in his capacity as Member of the Industrial Commission of Arizona on 07/13/2021. (Barrett, Gerald) |
| Filing 16 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Steven J. Krenzel, in his capacity as Member of the Industrial Commission of Arizona on 07/13/2021. (Barrett, Gerald) |
| Filing 15 SERVICE EXECUTED filed by Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Joint Apprenticeship Committee, Arizona Pipe Trades Pension Plan, Aaron Bulter: Affidavit of Service re: Proposed Order; Motion to Intervene as Plaintiff Intervenors; Complaint in Intervention for Injunctive and Declaratory Relief; Senate Bill 1268 upon Lisa Padgett, Director of the Labor Department of the Industrial Commission of the State of Arizona on 07/13/2021. (Barrett, Gerald) |
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Filing 14
ORDER: Before the Court is the parties' Stipulation for Extension of Time for Defendants to respond to Complaint and Motion to Intervene (Doc. #13 ). For good cause showing, IT IS ORDERED granting the Stipulation (Doc. #13 ) and extending the deadline for Defendants Douglas Ducey, in his capacity as the Governor of the State of Arizona, and Mark Brnovich, in his capacity as the Attorney General of the State of Arizona, to file responses to the Complaint (Doc. #1 ) and Motion to Intervene (Doc. #12 ), to and including August 9, 2021. ORDERED by Judge Diane J Humetewa on 7/26/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 13 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT AND RESPOND TO MOTION TO INTERVENE by Mark Brnovich. (Attachments: #1 Text of Proposed Order Proposed Order)(Makar, Robert) |
| Filing 12 *First MOTION to Intervene by Local 469 of The United Association of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Arizona Pipe Trades Health and Welfare Fund, Arizona Pipe Trades Pension Plan, Arizona Pipe Trades Defined Contribution Plan, Arizona Pipe Trades Joint Apprenticeship Committee, Aaron Bulter, Nickolas Ganem, Carl Triphahn. (Attachments: #1 Exhibit Proposed Complaint, #2 Exhibit Text of SB 1268, #3 Text of Proposed Order)(Barrett, Gerald) *Modified to reflect correct filers on 7/12/2021 (MFR). |
| Filing 11 Summons Issued as to All Defendants. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Pro hac vice motion(s) granted for Sarah T Grossman-Swenson on behalf of Plaintiffs Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Paul Livezey More on behalf of Plaintiffs Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 10
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 6/11/2021. (LFIG)
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| Filing 9 SUMMONS Submitted by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers. (Carpio, Xavier) |
| Filing 8 NOTICE re: Civil Case Cover Sheet by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers re: #1 Complaint . (Carpio, Xavier) |
| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #4 Summons Submitted filed by Arizona State AFL-CIO, Local 99 United Food & Commercial Workers, James McLaughlin. Fed.R.Civ.P. 4(b). 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. (JAM) |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Arizona State AFL-CIO, Local 99 United Food & Commercial Workers, James McLaughlin. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. 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. (JAM) |
| Filing 5 Filing fee paid, receipt number 0970-19557154. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-21-1015-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 4 SUMMONS Submitted by Arizona State AFL-CIO, James McLaughlin, Local 99 United Food & Commercial Workers. (Carpio, Xavier) (JAM) |
| Filing 3 Corporate Disclosure Statement by Local 99 United Food & Commercial Workers. (JAM) |
| Filing 2 Corporate Disclosure Statement by Arizona State AFL-CIO. (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19557154 filed by James McLaughlin, Arizona State AFL-CIO, Local 99 United Food & Commercial Workers. (Carpio, Xavier) (Attachments: #1 Civil Cover Sheet)(JAM) |
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