Fund for Empowerment et al v. Phoenix, City of et al
| Fund for Empowerment, Faith Kearns, Frank Urban and Ronnie Massingille |
| Phoenix, City of, Jeri Williams, Michael Sullivan and Unknown Parties |
| Freddy Brown |
| 2:2022cv02041 |
| November 30, 2022 |
| US District Court for the District of Arizona |
| G Murray Snow |
| John J Tuchi |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 49
ORDER denying the parties' Joint Motion to Stay Proceedings #47 . FURTHER ORDERED Defendants' responsive pleading deadline is extended to February 10, 2023. FURTHER ORDERED the parties shall file a Joint Status Report within 14 days of the March 29, 2023, mediation. Signed by Chief Judge G Murray Snow on 1/27/2023. (KFZ)
|
| Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 12/14/2022, before Chief Judge G. MURRAY SNOW. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or 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 2/16/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/26/2023. (RAP) |
| Remark: Pro hac vice motion(s) granted for Leah Watson on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 47 Joint MOTION to Stay by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: #1 Proposed Order)(Arnson, Aaron) |
| Filing 46 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Fund for Empowerment, Faith Kearns, Frank Urban . (Attachments: #1 Exhibit 1 - First Amended Complaint [Redline])(Rundall, Benjamin) |
| Filing 45 AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive against All Defendants filed by Fund for Empowerment, Frank Urban, Faith Kearns.(Rundall, Benjamin) |
|
Filing 44
ORDER granting the Application (Doc. #43 ) and withdrawing Dickinson Wright as Co- Counsel for Plaintiffs. Plaintiffs shall continue to be contacted through and represented by Benjamin L. Rundall, Jared Keenan, Christine Wee of the American Civil Liberties Union Foundation of Arizona and Edward J. Hermes and Delilah R. Cassidy of Snell & Wilmer. Signed by Chief Judge G Murray Snow on 1/06/2023. (REK)
|
| Filing 43 *MOTION to Withdraw as Attorney as Co-Counsel with Client Consent by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: #1 Proposed Order)(Hembd, Brian) *Modified to correct motion type and text on 1/6/2023 (REK). |
| Remark: Pro hac vice motion(s) granted for Scout Katovich on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 42 TRANSCRIPT REQUEST (CORRECTED) by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (SCH) |
|
Filing 41
ORDER granting the parties' Stipulation and Joint Motion #40 . Plaintiffs have through and including January 13, 2023 in which to file an amended complaint. Defendants' responsive pleading to the amended complaint, or complaint if not amended, on or before January 27, 2023. IT IS FURTHER ORDERED discharging the Court's December 27, 2022 Order to Show Cause #38 . Signed by Chief Judge G Murray Snow on 12/29/2022. (REK)
|
| Filing 40 STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: #1 Proposed Order PROPOSED ORDER RE STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO)(Cassidy, Delilah) |
| Filing 39 TRANSCRIPT REQUEST (CORRECTED) by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (RAP) |
|
Filing 38
ORDER TO SHOW CAUSE. IT IS ORDERED that Plaintiffs show cause no later than January 4, 2023, as to why this action should not be dismissed for failure to prosecute, unless before then default has been entered or a responsive pleading has been filed. FURTHER ORDERED if Plaintiffs fail to comply with this order, the Clerk of Court shall dismiss this action on January 5, 2023, for Plaintiffs' lack of prosecution pursuant to Rule 41(b), Fed. R. Civ. P., and LRCiv 41.1. Signed by Chief Judge G Murray Snow on 12/27/2022. (KFZ)
|
| Filing 37 TRANSCRIPT REQUEST by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) |
| Filing 36 TRANSCRIPT REQUEST by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) |
|
Filing 35
ORDER: Motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. See Order for further information. Signed by Chief Judge G Murray Snow on 12/16/2022. (CLM)
|
|
Filing 34
ORDER that the Motion for Preliminary Injunction (Doc. #2 ) is GRANTED in part and DENIED in part. FURTHER ORDERED that the City, its agents and employees, are preliminarily enjoined from doing any of the following: 1) Enforcing the Camping and Sleeping Bans against individuals who practically cannot obtain shelter as long as there are more unsheltered individuals in Phoenix than there are shelter beds available; 2) Seizing any property of the unsheltered without providing prior notice at the property's location that the property will be seized, unless the agent or employee has an objectively reasonable belief that it is (a) abandoned, (b) presents an immediate threat to public health or safety, or (c) is evidence of a crime or contraband; and 3) Absent an immediate threat to public health or safety, destroying said property without maintaining it in a secure location for a period of less than 30 days. FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. See order for complete details. Signed by Chief Judge G. Murray Snow on 12/16/22. (NKS)
|
| Filing 33 BRIEF in Opposition of Plaintiffs' #2 Request for Preliminary Injunction by Amicus Freddy Brown. (NKS) |
|
Filing 32
ORDER that Plaintiffs' Motion for Preliminary Injunction (Doc. #2 ) is granted in part and denied in part. FURTHER ORDERED granting that the City, its agents and employees, are preliminarily enjoined from doing any of the following (see order for details). FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. FURTHER ORDERED that the Motion for Leave to File amicus brief by Freddy Brown (Doc. #31 ) is granted. Signed by Chief Judge G. Murray Snow on 12/15/22. (NKS)
|
| Filing 31 MOTION for Leave to File amicus brief by Freddy Brown. (Attachments: #1 Exhibit, #2 Attachment Proposed Amicus Brief)(Tully, Stephen) |
| Filing 30 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Preliminary Injunction Hearing held on 12/14/2022. Rachel Milne is sworn, examined and excused. Scott Hall is sworn, examined and excused. Ronnie Lee Massingille is sworn, examined and excused. Brian Freudenthal is sworn, examined and excused. Argument presented. IT IS ORDERED taking under advisement #2 Motion for Preliminary Injunction. APPEARANCES: Benjamin Rundall, Jared Keenan, Edward Hermes and Delilah Cassidy for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants. (Court Reporter Teri Veres.) Hearing held 3:05 PM to 4:52 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 29 STATEMENT of Joint Pre-Hearing Statement re: #7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, by Defendants Phoenix, City of, Michael Sullivan, Jeri Williams. (Arnson, Aaron) |
| Filing 27 NOTICE re: re Supplemental Declaration by Phoenix, City of, Michael Sullivan, Jeri Williams re: #22 Order,, Set/Reset Hearings, . (Attachments: #1 Attachment Freudenthal Supplemental Declaration)(Arnson, Aaron) |
| Filing 26 Additional Attachments to Main Document re: #25 Notice (Other), Amended Declaration from Ronnie Lee Massingille dated December 13, 2022 by Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) |
| Filing 25 NOTICE re: Notice of Amended Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: #22 Order,, Set/Reset Hearings, #17 Lodged Proposed Document, #16 Notice (Other), #2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) |
| Filing 24 REPLY to Response to Motion re: #2 MOTION for Preliminary Injunction, MOTION for Hearing or Conference filed by Fund for Empowerment, Faith Kearns, Frank Urban. (WLP) |
|
Filing 23
ORDER granting #20 Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED directing the Clerk of the Court to file Plaintiffs' Reply lodged at Doc. #21 . Signed by Chief Judge G Murray Snow on 12/12/2022. (WLP)
|
| Filing 28 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Status Hearing held on 12/12/2022. Discussion held regarding the status of the case and the Preliminary Injunction Hearing. The Court sets the matter for hearing. Separate Order to issue. The Court admonishes the parties that if a witness does not show up for the preliminary injunction hearing, the Court will not consider their Affidavit. The parties agree to waive the requirement for a pre-hearing statement. APPEARANCES: Jared Keenan and Benjamin Rundall for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants (Court Reporter Teri Veres.) Hearing held 4:06 pm to 4:25 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW) |
|
Filing 22
ORDER scheduling the in-person hearing for the preliminary injunction for Wednesday, 12/14/2022 at 03:00 PM, Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. FURTHER ORDERED that any supplemental declarations shall be filed no later than 12/13/2022 at 12:00 PM. [See the attached order for additional information.] Signed by Chief Judge G. Murray Snow on 12/12/2022. (RMW)
|
| Filing 21 Filed at #24 pursuant to #23 -- LODGED Proposed Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction re: #20 MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction , #2 MOTION for Preliminary Injunction MOTION for Hearing or Conference. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) Modified on 12/13/2022 (WLP). |
| Filing 20 MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: #1 Proposed Order)(Rundall, Benjamin) |
|
Filing 19
IT IS ORDERED resetting the Status Conference presently set for 12/12/2022 at 3:30 p.m. to 4:00 p.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G. Murray Snow. THIS IS A TIME CHANGE ONLY!!!! Ordered by Chief Judge G. Murray Snow. (VLG)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
|
| Filing 18 RESPONSE to Motion re: #2 MOTION for Preliminary Injunction MOTION for Hearing or Conference filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Arnson, Aaron) |
| Filing 17 *Additional Attachments to Main Document re: #16 Notice by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) *Modified from lodged to additional attachment on 12/12/2022 (DXD). |
| Filing 16 NOTICE re: Notice of Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: #7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, #2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) |
|
Filing 15
ORDER re: #13 Defendant City of Phoenix's Request for Emergency Status Conference. IT IS ORDERED setting this matter for an in-person Status Conference on 12/12/2022 at 3:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. Signed by Chief Judge G Murray Snow on 12/9/2022. (KFZ)
|
|
Filing 14
ORDER that this matter be directly reassigned, pursuant to LRCiv 3.7(a)(1), to the Honorable G. Murray Snow. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-22-02041-PHX-GMS. Signed by Judge John J Tuchi on 12/8/2022. (WLP)
|
| Filing 13 NOTICE of Appearance by Aaron Dean Arnson on behalf of Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: #1 Exhibit Exhibit 1)(Arnson, Aaron) |
| Filing 12 Service Returned Unexecuted by Fund for Empowerment, Faith Kearns, Frank Urban : Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) as to Jeri L. Williams. (Rundall, Benjamin) |
| Filing 11 SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) upon Michael Sullivan, Interim Chief of Police on December 2, 2022. (Rundall, Benjamin) |
| Filing 10 SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motions, Order upon City of Phoenix on 12/2/2022. (Rundall, Benjamin) Modified text on 12/5/2022 (WLP). |
| Filing 9 Summons Issued as to Phoenix, City of. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 8 SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) |
|
Filing 7
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall serve upon the known Defendants copies of the Complaint, Motion, Summons (Docs. #1 , #2 , #6 ) and this Order by no later than 5:00 PM (Arizona time), today, December 2, 2022. Plaintiffs shall file a certificate of service on the docket by no later than 12 noon (Arizona time) Saturday, December 3, 2022. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiffs' Motion for a Temporary Restraining Order (Doc. #2 ) by no later than 5:00 PM (Arizona time), December 9, 2022. IT IS FURTHER ORDERED that Plaintiffs shall file any Reply to Defendants' Response no later than 5:00 PM (Arizona time), December 12, 2022. IT IS FURTHER ORDERED setting a hearing on the Preliminary Injunction Motion Wednesday, December 14, 2022, from 9:00 AM to 11:30 AM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Each side shall have 75 minutes to present whatever evidence or arguments they wish to present. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a pre-hearing statement by no later than 10:00 AM (Arizona time), December 13, 2022. (See attached Order for complete details). Signed by Judge John J Tuchi on 12/2/2022. (JAMA)
|
| Filing 6 Summons Issued as to Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: #1 Summons, #2 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 Filing fee paid, receipt number AAZDC-21360151. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-2041-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 4 Corporate Disclosure Statement by Fund for Empowerment. (Rundall, Benjamin) (MYE) |
| Filing 3 SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: #1 Summons, #2 Summons)(MYE) |
| Filing 2 MOTION for Preliminary Injunction, Request for Expedited Hearing, and Memorandum of Points and Authorities by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: #1 Exhibit 1-7 in support of Motion for Preliminary Injunction, #2 Proposed Order re Expedited Hearing, #3 Proposed Order re Motion for Preliminary Injunction)(MYE) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21360151 filed by Fund for Empowerment, Frank Urban, Faith Kearns. (Rundall, Benjamin) (Attachments: #1 Civil Cover Sheet)(MYE) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
