United States of America v. Ducey et al
Plaintiff: United States of America
Defendant: Douglas A Ducey, Arizona, State of, Arizona Department of Emergency and Military Affairs, Kerry L Muehlenbeck and Allen Clark
Petitioner: Emanuel McCray
Case Number: 2:2022cv02107
Filed: December 14, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Referring Judge: David G Campbell
Nature of Suit: Other Statutes: Constitutionality of State Statutes
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Opinion or Order Filing 28 ORDER - THIS MATTER came before the Court on the Parties' February 2, 2023 "Status Report and Stipulation to Continue Stays" in the above-captioned cases. The Court, being advised of the premises, finds that the Stipulation is well- taken and GRANTS the Stipulation, as follows: 1. All deadlines in these cases continue to be stayed; 2. The parties are directed to file a joint status report no later than 90 days from the date of this order advising the Court on the status of the cases and proposing further proceedings.IT IS HEREBY ORDERED. Signed by Senior Judge David G Campbell on 2/2/2023. (SLQ)
February 2, 2023 Filing 27 Joint Status Report and Stipulation to Continue Stays by United States of America. (Attachments: #1 Proposed Order)(Smith, Andrew) *Modified text on 2/3/2023 (SLQ).
January 27, 2023 Opinion or Order Filing 26 ORDER granting (42 in case 2:22-cv-01814-DGC) Motion to Transfer Related Case. Case No. 22-cv-02107-PHX-SMB is transferred to the undersigned Judge and orders that the case be renumbered 22-cv-02107-PHX-DGC. Signed by Senior Judge David G Campbell on 1/25/2023. (Associated Cases: 2:22-cv-01814-DGC, 2:22-cv-02107-SMB) (KJ)
January 23, 2023 Filing 25 Joint MOTION to Transfer Related Case (Stipulation by All Parties to Transfer Related Case)) by United States Bureau of Reclamation, United States Forest Service. (Attachments: #1 Proposed Order) (Associated Cases: 2:22-cv-01814-PHX-DGC, 2:22-cv-02107-PHX-SMB) (Smith, Andrew)
January 10, 2023 Opinion or Order Filing 24 ORDER granting the #23 Motion to Withdraw as Counsel. Anni L. Foster is relieved of any further responsibilities in connection with this action. Signed by Judge Susan M. Brnovich on 1/10/2023. (ESG)
January 5, 2023 Filing 23 MOTION to Withdraw as Attorney by Arizona Department of Emergency and Military Affairs, Arizona, State of, Allen Clark, Douglas A Ducey, Kerry L Muehlenbeck. (Attachments: #1 Proposed Order)(Johnson, Brett)
January 4, 2023 Opinion or Order Filing 20 ORDER granting the #19 Stipulation to Stay Deadlines as follows: 1. All deadlines in this case are stayed; 2. This stay of deadlines has no effect on the terms, implementation, or enforcement of the stipulation filed with the Court on December 21, 2022, ECF No. #17 . 3. The parties are directed to file a joint status report no later than 30 days from the date of this order advising the Court on the status of this case and proposing further proceedings. Signed by Judge Susan M. Brnovich on 1/4/2023. (ESG)
January 3, 2023 Filing 19 STIPULATION to Stay Deadlines by United States of America. (Attachments: #1 Proposed Order)(Pettigrew, Shaun)
December 30, 2022 Filing 22 MOTION to Dismiss for Failure to State a Claim by Emanuel McCray. (SMF)
December 30, 2022 Filing 21 MOTION to Intervene by Emanuel McCray. (SMF)
December 28, 2022 Filing 18 RESPONSE to Motion re: (28 in 2:22-cv-01814-DGC, 28 in 2:22-cv-01814-DGC, 28 in 2:22-cv-01814-DGC) MOTION to Transfer Related Case MOTION to Consolidate Cases filed by Douglas A Ducey. (Associated Cases: 2:22-cv-01814-DGC, 2:22-cv-02107-SMB) (Johnson, Brett)
December 21, 2022 Filing 17 STIPULATION of the Parties by United States of America. (Smith, Andrew)
December 19, 2022 Filing 16 Summons Issued as to Arizona Department of Emergency and Military Affairs. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 16, 2022 Filing 15 *NOTICE re: Service of Motion to Transfer and Consolidate (ECF No. #8 ) upon Defendants on 12/15/2022 and 12/16/2022. (Smith, Andrew) *Modified to correct event and text on 12/20/2022 (REK).
December 16, 2022 Filing 14 NOTICE re: of Service by United States of America re: #6 Order, . (Smith, Andrew)
December 16, 2022 Filing 13 SUMMONS Submitted by United States of America. (Pettigrew, Shaun)
December 16, 2022 Filing 12 SERVICE EXECUTED filed by United States of America: Proof of Service re: Summons and Complaint upon Major General Kerry L. Muehlenbeck, Adjutant General, Arizona Department of Emergency and Military Affairs on December 15, 2022. (Smith, Andrew)
December 16, 2022 Filing 11 SERVICE EXECUTED filed by United States of America: Proof of Service re: Summons and Complaint upon Allen Clark, Director of the Arizona Division of Emergency Management on December 15, 2022. (Smith, Andrew)
December 16, 2022 Filing 10 SERVICE EXECUTED filed by United States of America: Proof of Service re: Summons and Complaint upon Douglas A. Ducey, Governor of the State of Arizona on December 15, 2022. (Smith, Andrew)
December 16, 2022 Filing 9 SERVICE EXECUTED filed by United States of America: Proof of Service re: Summons and Complaint upon Mark Brnovich, Attorney General of the State of Arizona on December 15, 2022. (Smith, Andrew)
December 15, 2022 Filing 8 MOTION to Transfer Related Case , MOTION to Consolidate Cases by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Proposed Order) (Associated Cases: CV-2:22-01814-PHX-DGC, CV-2:22-02107-PHX-SMB) (Smith, Andrew)
December 15, 2022 Opinion or Order Filing 7 ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 14, 2023. Signed by Judge Susan M. Brnovich on 12/14/2022. (ESG)
December 15, 2022 Opinion or Order Filing 6 ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 12/14/2022. (ESG)
December 14, 2022 Filing 5 Summons Issued as to Mark Brnovich, Allen Clark, Douglas A Ducey, Kerry L Muehlenbeck. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 14, 2022 Filing 4 This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-02107-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC)
December 14, 2022 Filing 3 Additional Attachment to Main Document re: #2 Summons Submitted by Plaintiff United States of America. (BAC)
December 14, 2022 Filing 2 SUMMONS Submitted by United States of America. (Pettigrew, Shaun) (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC)
December 14, 2022 Filing 1 COMPLAINT filed by United States of America. (Pettigrew, Shaun) (Attachments: #1 Civil Cover Sheet)(BAC)

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Plaintiff: United States of America
Represented By: Shaun M Pettigrew
Represented By: Tyler McVeigh Alexander
Represented By: Andrew Allen Smith
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Defendant: Douglas A Ducey
Represented By: Anni Lori Foster
Represented By: Brett William Johnson
Represented By: Charlene A Warner
Represented By: Colin Patrick Ahler
Represented By: Ryan James Regula
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Defendant: Arizona, State of
Represented By: Brett William Johnson
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Defendant: Arizona Department of Emergency and Military Affairs
Represented By: Brett William Johnson
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Defendant: Kerry L Muehlenbeck
Represented By: Brett William Johnson
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Defendant: Allen Clark
Represented By: Brett William Johnson
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Petitioner: Emanuel McCray
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