Brnovich v. Biden et al
| Mark Brnovich, Arizona, State of and John Doe |
| Joseph Robinette Biden, Jr., Alejandro Mayorkas, United States Department of Homeland Security, Troy A Miller, Tae D Johnson, Joseph R Biden, Troy Miller, Tae Johnson, Ur M Jaddou, United States Office of Personnel Management, Kiran Ahuja, General Services Administration, Robin Carnahan, Office of Management and Budget, Shalanda Young, Safer Federal Workforce Task Force and Jeffrey Zients |
| 2:2021cv01568 |
| September 14, 2021 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Civil Rights: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 67 REPLY to Response to Motion re: #16 MOTION To Proceed Pseudonymously filed by John Doe. (Wilenchik, John) |
| Filing 66 TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 11/10/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) |
| Filing 65 NOTICE re: DETERMINATION OF THE ACTING OMB DIRECTOR by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: #1 Exhibit)(DeMott, Joseph) |
| Filing 64 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 11/10/2021. IT IS ORDERED that Plaintiffs shall file their amended complaint and motion for preliminary relief by Friday, 11/19/2021. Defendants shall file their response by no later than 5:00 PM EST, on Friday, 12/3/2021. Plaintiffs' reply is due by Wednesday, 12/8/2021. IT IS FURTHER ORDERED that Plaintiffs' Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. #34 ), is denied without prejudice to refiling as directed on the record. (Court Reporter Barbara Stockford) See the attached pdf for complete details. Hearing held 8:34 AM to 11:49 AM. (RMW) |
| Filing 63 TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 11-10-21, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) |
| Filing 62 NOTICE re: of Additional Factual Development by Arizona, State of, Mark Brnovich . (Attachments: #1 Exhibit)(Rogers, James) |
| Filing 61 *SERVICE EXECUTED by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to correct event on 11/10/2021 (WLP). |
| Filing 60 NOTICE re: of Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: #1 Exhibit Smith decision, #2 Exhibit Altschuld decision)(Merritt, Robert) |
| Filing 59 NOTICE of Appearance by Robert Charles Merritt on behalf of Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Merritt, Robert) |
| Filing 58 REPLY to Response to Motion re: #34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich, John Doe. (Attachments: #1 Exhibit)(Rogers, James) |
Filing 57
ORDER: The Court has been generous with page extensions. Indeed, in its October 22, 2021 Order granting Plaintiffs' leave to file an overlength opening brief, the Court, despite Plaintiffs not asking for one at the time, anticipated the need for an overlength reply brief. That order preemptively granted Plaintiffs leave to file a 20-page reply. (See Doc. 32.) Now, on the day that the reply brief was due, and well into the evening, Plaintiffs filed a motion requesting leave to file a 33-page reply. (Doc. 56.) The motion does not cite the Court's prior order. Instead, it references the 11-page limit established by local rule. This suggests that Plaintiffs' counsel did not read the prior order carefully. Accordingly, the Motion for leave to file an overlength reply (Doc. 56) is denied. It is ordered that Plaintiffs shall file a reply brief not exceeding 20 pages no later than 11:00 am today, November 9, 2021. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF)
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| Filing 56 MOTION for Leave to File Excess Pages by Arizona, State of, Mark Brnovich, John Doe. (Attachments: #1 Proposed Order, #2 Attachment, #3 Exhibit)(Rogers, James) |
| Filing 55 NOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: #1 Opinion Denying Mot. for PI/TRO, Church v. Biden, No. 1:21-cv-2815 (D.D.C.))(DeMott, Joseph) |
| Filing 53 RESPONSE in Opposition re: #16 MOTION To Proceed Pseudonymously filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) |
| Filing 52 RESPONSE in Opposition re: #34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: #1 Exhibit Marks Decl., #2 Exhibit Hawes Decl.)(DeMott, Joseph) |
| Filing 51 NOTICE OF ATTORNEY APPEARANCE: Kevin Wynosky appearing for Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. . (Wynosky, Kevin) |
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Filing 50
ORDER granting Defendants' unopposed Motion for Extension of Time and Enlargement of Page Limit (Doc. 49). Defendants' opposition to Plaintiffs' pending Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 34) shall be due on Thursday, November 4, 2021. Defendants' opposition shall not exceed 41 pages. Plaintiffs' reply brief shall be due on Monday, November 8, 2021. Oral argument on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction remains set for Wednesday, November 10, 2021, at 8:30 AM in Courtroom 504. ORDERED by Judge Michael T. Liburdi on this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF)
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| Filing 49 MOTION for Extension of Time to File Response/Reply as to #34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , MOTION for Leave to File Excess Pages for Response to Second MOTION for Preliminary Injunction by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: #1 Proposed Order)(DeMott, Joseph) |
| Filing 48 NOTICE re: OF ADDITIONAL LEGAL AND FACTUAL DEVELOPMENTS by Arizona, State of, Mark Brnovich . (Attachments: #1 Exhibit Church v. Biden DDC Court Order, Oct 29, 2021, #2 Affidavit Second Declaration of James K. Rogers and Exhibits, #3 Affidavit Declaration of Rebekah Browder, and Exhibits, #4 Affidavit Declaration of Dawn Northup, and Exhibits)(Rogers, James) |
| Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings held on 10/26/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. 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 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/5/2021 (RAP). |
| Filing 47 *NOTICE of Appearance by Davis P. Bauer on behalf of John Doe. Within Firm. (Wilenchik, Dennis) *Modified to reflect correct event; attorney noticed on 10/28/2021 (SST). |
| Filing 46 TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) |
| Filing 45 TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) |
| Filing 44 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 10/26/2021. IT IS ORDERED granting Plaintiffs' Motion for expedited briefing schedule, (Doc. #36 ), to the extent that Defendants' responsive brief is due by 11/2/2021. Plaintiffs' reply is due by 11/5/2021. IT IS FURTHER ORDERED setting oral argument on the Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. #34 ), for Wednesday, 11/10/2021 at 08:30 AM, in Courtroom 504.See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 10:03 AM to 10:39 AM. (RMW) |
| Filing 43 REPLY to Response to Motion re: #36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction , #34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe. (Wilenchik, John) |
| Filing 42 AFFIDAVIT of Service by Certified Mail by Plaintiffs Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 41 Summons Issued as to Kiran Ahuja, Robin Carnahan, General Services Administration, Ur M Jaddou, Office of Management and Budget, Safer Federal Workforce Task Force, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(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 40
ORDER: IT IS ORDERED setting a Status Conference for Tuesday, 10/26/2021 at 10:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. Ordered by Judge Michael T. Liburdi on 10/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 39 REPLY to Response to Motion re: #36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 38 RESPONSE in Opposition re: #36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) |
| Filing 37 *NOTICE OF ATTORNEY APPEARANCE: Christopher M Lynch for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Lynch, Christopher) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). |
| Filing 36 *Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: #1 Proposed Order)(Rogers, James) *Modified to correct filers on 10/26/2021 (SST). |
| Filing 35 *NOTICE OF ATTORNEY APPEARANCE: Joseph John DeMott appearing for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). |
| Filing 34 *Second MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Mark Brnovich, Arizona, State of. (Attachments: #1 Exhibit, #2 Exhibit)(Rogers, James). *Modified to add motion part and additional filer; attorney noticed on 10/25/2021 (SST). |
| Filing 33 *NOTICE re: Notice in Compliance with Court's 10/22/21 Order by Mark Brnovich, Arizona, State of . (Rogers, James) *Modified to add additional filer on 10/25/2021 (SST). |
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Filing 32
ORDER granting #15 Plaintiff's Motion for Leave to File Excess Pages. Plaintiffs shall be permitted to file the Proposed Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs are ordered to file the motion within 24 hours of this Order. FURTHER ORDERED that Defendants may file a consolidated 34-page response. Plaintiffs may file a reply not exceeding 20 pages. FURTHER ORDERED denying #17 Motion to Expedite, without prejudice. Plaintiffs may refile this motion after filing the Notice described in the Order. FINALLY ORDERED that Plaintiff's Motion for Leave to Proceed Pseudonymously (Doc. #16 ) remains pending. Signed by Judge Michael T Liburdi on 10/22/21. (SJF)
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| Filing 31 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 30 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 29 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 28 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 27 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 26 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 25 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 24 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 23 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 22 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 21 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 20 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 19 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 18 SUMMONS Submitted by Mark Brnovich. (Rogers, James) |
| Filing 17 *MOTION to Expedite Briefing schedule of Plaintiffs' Proposed TRO and PI Motion by Arizona, State of, Mark Brnovich. (Attachments: #1 Proposed Order)(Rogers, James) *Modified to remove incorrect filer on 10/25/2021 (SST). |
| Filing 16 MOTION To Proceed Pseudonymously by John Doe. (Attachments: #1 Proposed Order)(Rogers, James) |
| Filing 15 MOTION for Leave to File Excess Pages for Motion for a Temporary Restraining Order and Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: #1 Proposed Order Proposed Order for Motion to Exceed Page Limits, #2 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction, #3 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (1 of 2), #4 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (2 of 2), #5 Proposed Order Proposed Order for Motion for a Temporary Restraining Order and Preliminary Injunction)(Rogers, James) |
| Filing 14 AMENDED COMPLAINT against All Defendants filed by Arizona, State of, Mark Brnovich. (Attachments: #1 Exhibit, #2 Exhibit)(Rogers, James) |
| NOTICE of request for e-notices by James Christian. (Christian, James) |
| Filing 13 Summons Issued as to Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(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 Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 11 SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 10 SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 9 SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 8 SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) |
| Filing 7 Additional Attachments to Main Document re: #1 Complaint Summons in a Civil Action United States Department of Homeland Security by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) |
| Filing 6 Additional Attachments to Main Document re: #1 Complaint Summons in a Civil Action Troy Miller by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) |
| Filing 5 Additional Attachments to Main Document re: #1 Complaint Summons in a Civil Action Tae Johnson by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) |
| Filing 4 Additional Attachments to Main Document re: #1 Complaint Summons in a Civil Action Alejandro Mayorkas by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) |
| Filing 3 Additional Attachments to Main Document re: #1 Complaint Summons in a Civil Action Joseph R. Biden by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) |
| Filing 2 Filing fee paid, receipt number 0970-19860462. This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-21-01568-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19860462 filed by Arizona, State of, Mark Brnovich.(Rogers, James) (Attachments: #1 Civil Cover Sheet)(REM) |
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