Thoms et al v. Maricopa County Community College District
| Emily Thoms and Kamaleilani Moreno |
| Maricopa County Community College District |
| 2:2021cv01781 |
| October 21, 2021 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Scheduling Conference set for 2/11/2022 at 09:30 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P. Logan. The parties shall jointly develop and file with the Clerk of Court no later than 2/1/2022, each of the following: (1) a Joint Rule 26(f) Case Management Report, and (2) a Joint Proposed Rule 16 Case Management Order. See the attached order for additional information. Signed by Judge Steven P. Logan on 12/8/2021. (Attachments: #1 Rule 16 Case Management Order) (RMW)
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| Filing 41 ANSWER to #1 Complaint by Maricopa County Community College District.(Stine, Lauren) |
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Filing 40
ORDER that the Stipulation (Doc. #39 ) is granted. Defendant shall have until 11/29/2021 to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 11/12/2021. (RMW)
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| Filing 39 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Maricopa County Community College District. (Attachments: #1 Proposed Order)(Stine, Lauren) |
| Filing 38 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 11/01/2021, before Judge STEVEN P. LOGAN. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. Amended pages 1-3. 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 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/10/2021 (RAP). |
| Filing 37 *(AMENDED TRANSCRIPT FILED AT DOC. #38 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 11/01/2021, before Judge STEVEN P. LOGAN. [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 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (RAP) *Modified to reference amended version and create docket entry relationship on 11/10/2021 (RAP). **Modified to correct date filed to match court reporter delivery date on 11/10/2021 (RAP). |
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Filing 36
ORDER: Plaintiffs' Motion for Preliminary Injunction #2 is granted as modified. The Court enters a preliminary injunction as follows: 1. Defendant is preliminarily enjoined from enforcing against Plaintiffs its requirements that nursing students satisfy the vaccination policies of their assigned clinical partners and that nursing students must complete their assigned in-person clinical rotations in order to complete their academic programs. 2. Defendants shall make available to Plaintiffs a suitable accommodation that will allow Plaintiffs to satisfy the clinical components of their coursework and complete their academic programs as scheduled in December 2021. IT IS FURTHER ORDERED that the Court exercises its discretion and waives the requirement of a security bond accompanying this preliminary injunction. Signed by Judge Steven P Logan on 11/05/2021. (REK)
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| Filing 35 TRANSCRIPT REQUEST by Kamaleilani Moreno, Emily Thoms for proceedings held on 11/1/2021, Judge Steven P Logan hearing judge(s). (Auer, Colleen) |
| Filing 34 TRANSCRIPT REQUEST for Preliminary Injunction Hearing on November 1, 2021 by Maricopa County Community College District for proceedings held on 11/01/2021, Judge Steven P Logan hearing judge(s). (Howie, Brian) |
| Filing 33 Exhibit List by Maricopa County Community College District. (RMW) |
| Filing 32 Witness List by Maricopa County Community College District. (RMW) |
| Filing 31 Exhibit List by Plaintiffs. (RMW) |
| Filing 30 Witness List by Plaintiffs. (RMW) |
| Filing 29 MINUTE ENTRY for proceedings held before Judge Steven P. Logan: Preliminary Injunction Hearing held on 11/1/2021. IT IS ORDERED that the Motion to Strike, (Doc. #25 ), is GRANTED as to the declaration of Colleen M. Auer and DENIED as to the declarations of Sylvia Glynn, Claire Ballam, and Kendyl Dvorak. IT IS FURTHER ORDERED that the Motion in Limine, (Doc. #25 ), is granted as to Colleen M. Auer and DENIED as to Sylvia Glynn, Claire Ballam, and Kendyl Dvorak. IT IS FURTHER ORDERED that Plaintiffs' Request for Judicial Notice of a Public Record in Support of Their Motion for Preliminary Injunction, (Doc. #27 ), is GRANTED. IT IS FURTHER ORDERED taking the Motion for Preliminary Injunction, (Doc. #2 ), under advisement. (Court Reporter Elva Cruz-Lauer) Hearing held 9:08 AM to 12:00 PM. See the attached pdf for complete details. (RMW) |
| Filing 28 STATEMENT of Amended Joint Pre-Hearing Statement re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Defendant Maricopa County Community College District. (Howie, Brian) |
| Filing 27 REQUEST re: Plaintiffs' Request for Judicial Notice of a Public Record in Support of Their Motion for Preliminary Injunction by Plaintiffs Kamaleilani Moreno, Emily Thoms. (Attachments: #1 Proposed Order)(Auer, Colleen) |
| Filing 26 RESPONSE in Opposition re: #25 MOTION to Strike Declarations in #24 Reply to Response to Motion, MOTION in Limine to Preclude Certain Witnesses from Testifying filed by Kamaleilani Moreno, Emily Thoms. (Auer, Colleen) *Modified text on 11/1/2021 (WLP). |
| Filing 25 MOTION to Strike Declarations in #24 Reply to Response to Motion, MOTION in Limine to Preclude Certain Witnesses from Testifying by Maricopa County Community College District. (Howie, Brian) *Modified text on 11/1/2021 (WLP). |
| Remark: Pro hac vice motion(s) granted for Lindsey Welter Davis on behalf of Defendant Maricopa County Community College District. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 24 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kamaleilani Moreno, Emily Thoms. (Attachments: #1 Attachment)(Auer, Colleen) |
| Filing 23 STATEMENT of Joint Prehearing Statement re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiffs Kamaleilani Moreno, Emily Thoms. (Auer, Colleen) |
| Filing 22 NOTICE re: of Filing Plaintiffs' Proposed Findings of Fact and Conclusions of Law by Kamaleilani Moreno, Emily Thoms re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: #1 Attachment)(Auer, Colleen) |
| Filing 21 NOTICE re: OF FILING PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW by Maricopa County Community College District . (Attachments: #1 Exhibit 1)(Stine, Lauren) |
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Filing 20
ORDER denying #18 Plaintiff's Request to Continue the Hearing Date on the Motion for Preliminary Injunction. Signed by Judge Steven P. Logan on 10/27/2021. (RMW)
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| Filing 19 RESPONSE to Motion re: #18 MOTION for Extension of Time Extending The Date Of The Hearing On Plaintiffs' Motion For Preliminary Injunction NOTICE OF NON-OPPOSITION filed by Maricopa County Community College District. (Stine, Lauren) |
| Filing 18 MOTION for Extension of Time Extending The Date Of The Hearing On Plaintiffs' Motion For Preliminary Injunction by Kamaleilani Moreno, Emily Thoms. (Attachments: #1 Proposed Order)(Auer, Colleen) |
| Filing 17 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Maricopa County Community College District. (Attachments: #1 Exhibit A-C)(Stine, Lauren) |
| Filing 16 SERVICE EXECUTED filed by Kamaleilani Moreno, Emily Thoms: Notice of Service re: Order on Preliminary Injunction Hearing upon Maricopa County Community College District on 10/26/2021. (Auer, Colleen) |
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Filing 15
ORDER re Preliminary Injunction Hearing, Monday, 11/1/2021 at 9:00 AM: IT IS ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by 10/27/2021 as set forth in the attached order. See the attached pdf for complete details. Signed by Judge Steven P. Logan on 10/26/2021. (RMW)
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| Filing 14 *Notice of Appearance by Maricopa County Community College District . (Salanga, Edward) *Modified to correct event on 10/27/2021 (WLP). |
| Filing 13 *Notice of Appearance by Maricopa County Community College District . (Howie, Brian) *Modified to correct event on 10/27/2021 (WLP). |
| Filing 12 *Notice of Appearance/Association of Counsel by Maricopa County Community College District . (Stine, Lauren) *Modified to correct event, attorney noticed on 10/26/2021 (LAD). |
| Filing 11 NOTICE re: JOINT NOTICE by Maricopa County Community College District . (Stine, Lauren) |
| Filing 10 SERVICE EXECUTED filed by Kamaleilani Moreno, Emily Thoms: Affidavit of Service re: Complaint with Exhibits; Motion for Temporary Restraining Order and/or Preliminary Injunction; Preliminary Order; Order on Preliminary Injunction upon Maricopa County Community College District on 10/22/2021. (Auer, Colleen) |
| Filing 9 *SERVICE EXECUTED filed by Kamaleilani Moreno, Emily Thoms: Notice of Service re: Complaint with Exhibits; Motion for Temporary Restraining Order and/or Preliminary Injunction; Preliminary Order; Order on Preliminary Injunction upon Maricopa County Community College District on 10/22/2021. (Auer, Colleen) *Modified to reflect proof of service was not attached, attorney noticed on 10/25/2021 (LAD). |
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Filing 8
ORDER: 1. TRO: That Plaintiffs' Application for a Temporary Restraining Order is denied. 2. Notice to Defendant: That, no later than close of business on 10/22/2021, Plaintiffs must provide Defendant with a copy of the following: (1) the Complaint; (2) the Application for a Temporary Restraining Order and Motion for a Preliminary Injunction and attachments; and (3) this Order. Plaintiffs shall further file with the Court a notice indicating when and how notice was provided. 3. Hearing: That a Preliminary Injunction Hearing is set for 11/1/2021 at 9:00 AM, before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day O'Connor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 503. 4. Briefing: That Defendant shall have until 10/26/2021 to file any Response to Plaintiffs' Motion for a Preliminary Injunction; Plaintiffs shall have until 10/28/2021 to file any Reply in support of their Motion. 5. Joint Notice: That the parties shall file a Joint Notice by 10/26/2021 at 12:00 PM, indicating whether the motion may be decided on the briefing and argument of counsel alone. 6. Proposed Injunction: That Plaintiffs shall submit a proposed form of preliminary injunction no later than 10/28/2021. See the attached order for additional information. Signed by Judge Steven P. Logan on 10/21/2021. (RMW)
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Filing 7
PRELIMINARY ORDER - That Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than January 19, 2022. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on January 19, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See document for complete details. Signed by Judge Steven P Logan on 10/21/2021. (WLP)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Emily Thoms, Kamaleilani Moreno. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 5 Summons Issued as to Maricopa County Community College District. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Filing fee paid, receipt number 0970-19989008. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-21-01781-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 3 SUMMONS Submitted by Kamaleilani Moreno, Emily Thoms. (Auer, Colleen)(BAC) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Kamaleilani Moreno, Emily Thoms. (Auer, Colleen) (BAC) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $402.00, receipt number 0970-19989008 filed by Emily Thoms, Kamaleilani Moreno. (Auer, Colleen) (Attachments: #1 Civil Cover Sheet)(BAC) |
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