Gerow v. United States Department of Justice et al
| Eric Gerow |
| United States Department of Justice, Phoenix, City of, Phoenix Police Department, Jemima Schmidt, Ryan Junas, Dan Schneider, Gary Gombar, Juilian Rosario, Kellie McGhee, Arizona Department of Public Safety, Heston Silbert, Andres Vasquez, Matthew Murray, Arizona Attorney General's Office, Mark Brnovich, Shawn Steinberg, Tammy Miller, Nicole Shaker, Arizona Department of Transportation, John Halikowski, Tim Lane, Brian Eckenboy, Keith Richardson, Kris Mayes, Daniel Barr, Lawrence Robertson, Jr., Kate Gallego, Anthony Falcone, Michael Sullivan, Jeri Williams, Daniel Perez, Arizona Auto Theft Authority, Arizona Department of Insurance and Financial Institutions and Unknown Parties |
| 2:2023cv01059 |
| June 9, 2023 |
| US District Court for the District of Arizona |
| David G Campbell |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 78 MOTION to Dismiss for Failure to State a Claim by Phoenix Police Department, Phoenix, City of. (Attachments: #1 Exhibit A-B)(REK) |
Filing 77
ORDER: The Court, having reviewed the City Defendants' Motion to Exceed Page Limitation for Motion to Dismiss First Amended Complaint #73 , and good cause appearing, IT IS HEREBY ORDERED that the City Defendants may exceed the page limitation for motions by one (1) page and that their Motion to Dismiss First Amended Complaint may be eighteen (18) pages of text in length (exclusive of caption, signatures, and certificates). The Clerk of Court shall file the City Defendants' Motion to Dismiss First Amended Complaint (lodged at Doc. #74 ). Signed by Senior Judge David G Campbell on 7/31/2023. (REK)
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| Filing 76 MOTION to Dismiss for Failure to State a Claim by Arizona Attorney General's Office, Arizona Auto Theft Authority, Arizona Department of Insurance and Financial Institutions, Arizona Department of Public Safety, Arizona Department of Transportation, Daniel Barr, Mark Brnovich, Brian Eckenboy, Anthony Falcone, John Halikowski, Tim Lane, Kris Mayes, Tammy Miller, Matthew Murray, Keith Richardson, Lawrence Robertson, Jr, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Attachments: #1 Exhibit A-F)(REK) |
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Filing 75
ORDER: The Court, having reviewed State Defendants' Motion to Exceed Page Limitation for Motion to Dismiss First Amended Complaint #70 , and good cause appearing, IT IS HEREBY ORDERED that the State Defendants may exceed the page limitation for motions by ten (10) pages and that their Motion to Dismiss Amended Complaint may be twenty-seven (27) pages of text in length (exclusive of caption, signatures, and certificates). The Clerk of Court shall file the State Defendants' Motion to Dismiss First Amended Complaint (lodged at Doc. #71 ). Signed by Senior Judge David G Campbell on 7/31/2023. (REK)
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| Filing 74 *Filed at #78 * LODGED Proposed Motion to Dismiss First Amended Complaint re: #73 MOTION for Leave to File Excess Pages for Motion to Dismiss First Amended Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Phoenix Police Department, Phoenix, City of. (Attachments: #1 Exhibit Exhibits A-B)(Corbett, Jody) Modified on 7/31/2023 (REK). |
| Filing 73 MOTION for Leave to File Excess Pages for Motion to Dismiss First Amended Complaint by Phoenix Police Department, Phoenix, City of. (Attachments: #1 Proposed Order Proposed Order)(Corbett, Jody) |
| Filing 72 NOTICE of Errata re: #64 MOTION Screening Order and Request to Correct the Docket by Defendants Phoenix Police Department, Phoenix, City of.. (Corbett, Jody) |
| Filing 71 *Filed at #76 * LODGED Proposed State Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's Amended Complaint re: #70 MOTION for Leave to File Excess Pages for Rule 12(b)(6) Motion to Dismiss Amended Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Attorney General's Office, Arizona Auto Theft Authority, Arizona Department of Insurance and Financial Institutions, Arizona Department of Public Safety, Arizona Department of Transportation, Daniel Barr, Mark Brnovich, Brian Eckenboy, Anthony Falcone, John Halikowski, Tim Lane, Kris Mayes, Tammy Miller, Matthew Murray, Keith Richardson, Lawrence Robertson, Jr, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Attachments: #1 Exhibit Exhibits A-F)(Robertson, Lawrence) Modified on 7/31/2023 (REK). |
| Filing 70 MOTION for Leave to File Excess Pages for Rule 12(b)(6) Motion to Dismiss Amended Complaint by Arizona Attorney General's Office, Arizona Auto Theft Authority, Arizona Department of Insurance and Financial Institutions, Arizona Department of Public Safety, Arizona Department of Transportation, Daniel Barr, Mark Brnovich, Brian Eckenboy, Anthony Falcone, John Halikowski, Tim Lane, Kris Mayes, Tammy Miller, Matthew Murray, Keith Richardson, Lawrence Robertson, Jr, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Attachments: #1 Proposed Order Order)(Robertson, Lawrence) |
| Filing 69 NOTICE of Appearance by Lawrence Vernon Robertson, Jr on behalf of Arizona Attorney General's Office, Arizona Auto Theft Authority, Arizona Department of Insurance and Financial Institutions, Arizona Department of Public Safety, Arizona Department of Transportation, Daniel Barr, Mark Brnovich, Brian Eckenboy, Anthony Falcone, John Halikowski, Tim Lane, Kris Mayes, Tammy Miller, Matthew Murray, Keith Richardson, Lawrence Robertson, Jr, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Robertson, Lawrence) |
| Filing 68 NOTICE re: Lack of Service by United States Department of Justice . (Torres, Javier) |
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Filing 67
ORDER - (See document for complete details). Signed by Senior Judge David G Campbell on 7/13/2023. (SLQ)
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| Filing 66 RESPONSE to Motion re: #64 MOTION Screening Order filed by Eric Gerow. (Attachments: #1 Proposed Order)(DXD) |
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Filing 65
ORDER regarding #64 Motion for Screening Order or Set a Deadline to Respond to First Amended Complaint. IT IS HEREBY ORDERED that Defendants file a response to Plaintiff's First Amended Complaint on or before July 28, 2023. Signed by Senior Judge David G Campbell on 6/27/2023. (CLB)
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| Filing 64 MOTION Screening Order by Phoenix Police Department, Phoenix, City of. (Attachments: #1 Proposed Order) (Corbett, Jody) *Modified filers on 7/28/2023 (DXD). |
| Filing 63 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MAP) |
| Filing 62 NOTICE Re Transfer of 8:22-CV-02977-SDM (CPT) from the Middle District of Florida to the District of Arizona. New Case Number: CV-23-1059-PHX-DGC. (MAP) |
| Filing 61 CASE TRANSFERRED IN from District of Florida Middle; Case Number 8:22-cv-02977 . Original file certified copy of transfer order and docket sheet received |
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Filing 60
ORDER denying #52 --motion for recusal; transferring this action to the United States Court for the District of Arizona - Phoenix; denying as moot #58 --motion to reply; directing the clerk to forward the file to the District of Arizona - Phoenix and to close this case. Signed by Judge Steven D. Merryday on 6/6/2023. (WBW) [Transferred from flmd on 6/9/2023.]
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| Filing 59 MOTION for Sanctions on Counsel Jody Corbett by Eric Gerow. (Attachments: #1 Appendix)(Gerow, Eric) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from flmd on 6/9/2023.] |
| Filing 58 MOTION for Miscellaneous Relief, specifically Leave to Respond to Plaintiff's Reply to Venue in Court's May 8, 2023 Order (Doc. 56) by City of Phoenix, Phoenix Police Department. (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 57 RESPONSE in Opposition re #52 Time Sensitive MOTION for Recusal of Judges (Joinder) filed by City of Phoenix, Phoenix Police Department. (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 56 RESPONSE TO ORDER TO SHOW CAUSE filed by Eric Gerow. (Attachments: #1 Appendix)(Gerow, Eric) [Transferred from flmd on 6/9/2023.] |
| Filing 55 RESPONSE in Opposition re #52 Time Sensitive MOTION for Recusal of Judges filed by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, Brian Eckenboy, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 54 PROOF of service by Eric Gerow (Gerow, Eric) [Transferred from flmd on 6/9/2023.] |
| Filing 53 PROOF of service by Eric Gerow (Gerow, Eric) [Transferred from flmd on 6/9/2023.] |
| Filing 52 Time Sensitive MOTION for Recusal of Judges by Eric Gerow. (Gerow, Eric) [Transferred from flmd on 6/9/2023.] |
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Filing 51
ORDER directing Gerow to explain no later than MAY 24, 2023, why an order should not transfer under 28 U.S.C. 1404 or 1406 this action to the District of Arizona; staying pending resolution of this order to show cause the deadline by which each defendant must respond to the amended complaint; granting #41 --motion for extension of time to amend; denying as moot #33 --motion for extension of time to serve, #35 , #36 , #37 --motions to dismiss, #44 --motion to withdraw reference, #45 --motion for extension of time to respond, #50 --motion to strike. Signed by Judge Steven D. Merryday on 5/8/2023.(WBW) [Transferred from flmd on 6/9/2023.]
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| Filing 50 Joint MOTION to Strike #49 Amended Complaint , Joint MOTION for Miscellaneous Relief, specifically Ruling on Defendants' Motions to Dismiss by City of Phoenix, Phoenix Police Department. (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 49 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Eric Gerow.(Gerow, Eric) [Transferred from flmd on 6/9/2023.] |
| Filing 48 RESPONSE in Opposition re #41 MOTION for Extension of Time to Amend filed by Phoenix Police Department. (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 47 RESPONSE in Opposition re #41 MOTION for Extension of Time to Amend filed by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, Brian Eckenboy, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 46 RESPONSE in Opposition re #33 MOTION for Extension of Time to File filed by City of Phoenix, Phoenix Police Department. (Attachments: #1 Exhibit A-B)(Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 45 MOTION for Extension of Time to File Response to Motion Grant Plaintiff Extension of Time to Serve Process (Doc 33) by City of Phoenix, Phoenix Police Department. (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 44 MOTION to Withdraw Reference (Request to Withdraw Footnote in Doc. 43) by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, Brian Eckenboy, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 43 RESPONSE in Opposition re #33 MOTION for Extension of Time to File Serve Process filed by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, Brian Eckenboy, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 42 Disclosure Statement of by Eric Gerow. (Gerow, Eric) Modified text on 4/19/2023 (MCB). [Transferred from flmd on 6/9/2023.] |
| Filing 41 TIME SENSITIVE MOTION for Extension of Time to Amend by Eric Gerow. (Attachments: #1 Exhibits)(Gerow, Eric) Modified text on 4/19/2023 (MCB). [Transferred from flmd on 6/9/2023.] |
| Filing 40 NOTICE by City of Phoenix, Phoenix Police Department re #37 MOTION to Dismiss Complaint , #36 Amended MOTION to Dismiss for Failure to State a Claim (Per Rule 12(b)(6), #35 MOTION to Dismiss for Failure to State a Claim (Per Rule 12(b)(6)) (Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 39 CASE MANAGEMENT REPORT. (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 38 JOINDER in motion by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez re #37 MOTION to Dismiss Complaint filed by City of Phoenix, Phoenix Police Department . (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 37 MOTION to Dismiss Complaint by City of Phoenix, Phoenix Police Department. (Attachments: #1 Exhibit A-B)(Corbett, Jody) [Transferred from flmd on 6/9/2023.] |
| Filing 36 Amended MOTION to Dismiss for Failure to State a Claim (Per Rule 12(b)(6) by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, Brian Eckenboy, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Attachments: #1 Exhibit Exhibits A-D)(Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 35 MOTION to Dismiss for Failure to State a Claim (Per Rule 12(b)(6)) by Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez. (Attachments: #1 Exhibit Exhibits A-D)(Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 34 NOTICE of Appearance by Lawrence V. Robertson, Jr on behalf of Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, John Halikowski, Tim Lane, Tammy Miller, Matthew Murray, Keith Richardson, Nicole Shaker, Heston Silbert, Shawn Steinberg, Andres Vasquez (Robertson, Lawrence) [Transferred from flmd on 6/9/2023.] |
| Filing 33 MOTION for Extension of Time to Serve Process by Eric Gerow. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 32 SUMMONS returned unexecuted by Eric Gerow as to Tim Lane. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 31 SUMMONS returned unexecuted by Eric Gerow as to Keith Richardson. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 30 SUMMONS returned unexecuted by Eric Gerow as to John Halikowski. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 29 SUMMONS returned unexecuted by Eric Gerow as to Jemima Schmidt. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 28 SUMMONS returned unexecuted by Eric Gerow as to Gary Gombar. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 27 SUMMONS returned unexecuted by Eric Gerow as to Dan Schneider. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 26 SUMMONS returned unexecuted by Eric Gerow as to Andres Vasquez. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 25 SUMMONS returned unexecuted by Eric Gerow as to Shawn Steinberg. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 24 SUMMONS returned unexecuted by Eric Gerow as to Juilian Rosario. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 23 SUMMONS returned unexecuted by Eric Gerow as to Kellie McGhee. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 22 SUMMONS returned unexecuted by Eric Gerow as to Matthew Murray. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 21 SUMMONS returned unexecuted by Eric Gerow as to Mark Brnovich. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 20 SUMMONS returned unexecuted by Eric Gerow as to Tammy Miller. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 19 SUMMONS returned unexecuted by Eric Gerow as to Ryan Junas. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 18 SUMMONS returned unexecuted by Eric Gerow as to Heston Silbert. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 17 SUMMONS returned unexecuted by Eric Gerow as to Nicole Shaker. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 16 RETURN of service executed on 3/23/2023 by Eric Gerow as to Arizona Department of Transportation. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 15 RETURN of service executed on 3/23/2023 by Eric Gerow as to Arizona Department of Public Safety. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 14 RETURN of service executed on 3/20/2023 by Eric Gerow as to Arizona Attorney Generals Office. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 13 RETURN of service executed on 3/20/2023 by Eric Gerow as to City of Phoenix. (MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 12 RETURN of service executed on 3/20/2023 by Eric Gerow as to Phoenix Police Department. (MCB) [Transferred from flmd on 6/9/2023.] |
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Filing 11
ORDER granting #8 --motion to file electronically; permitting Gerow to register for CM/ECF; directing Gerow to read and comply with all applicable rules. Signed by Judge Steven D. Merryday on 4/4/2023. (WBW) [Transferred from flmd on 6/9/2023.]
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| PRO HAC VICE FEES paid by attorney Jody C. Corbett (Filing fee $150 receipt number TPA046739.) Related document: #9 MOTION for Jody C. Corbett to appear pro hac vice. (ARC) [Transferred from flmd on 6/9/2023.] |
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Filing 10
ENDORSED ORDER granting Defendants City of Phoenix and Phoenix Police Department's #9 Unopposed Motion for Special Admission of Jody C. Corbett. If counsel has not already done so, within fourteen (14) days hereof, she shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 3/20/2023. (WFM) [Transferred from flmd on 6/9/2023.]
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| Filing 9 MOTION for Jody C. Corbett to appear pro hac vice by City of Phoenix, Phoenix Police Department. (Attachments: #1 Mailing Envelope)(MCB) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from flmd on 6/9/2023.] |
| Filing 8 UNOPPOSED MOTION for Miscellaneous Relief, specifically to grant Plaintiff Access to CM/ECF System by Eric Gerow. (CTR) [Transferred from flmd on 6/9/2023.] |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-20592022 for $150 paid. Special Admission for Non-Resident Attorney Lawrence V. Robertson, Jr.. (Asti, David) [Transferred from flmd on 6/9/2023.] |
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Filing 7
ENDORSED ORDER granting Defendant Brian Eckenboy's #3 Unopposed Motion for Special Admission of Lawrence V. Robertson, Jr. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 3/2/2023. (WFM) [Transferred from flmd on 6/9/2023.]
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Brian Eckenboy. (Attachments: #1 Mailing Envelope)(MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Brian Eckenboy. Related case(s): No (Attachments: #1 Mailing Envelope)(MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 4 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Brian Eckenboy. (Attachments: #1 Mailing Envelope)(MCB) [Transferred from flmd on 6/9/2023.] |
| Filing 3 MOTION for Lawrence V. Robertson, Jr. to appear pro hac vice by Brian Eckenboy. (Attachments: #1 Mailing Envelope)(MCB) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from flmd on 6/9/2023.] |
| Filing 2 SUMMONS issued as to Arizona Attorney Generals Office, Arizona Department of Public Safety, Arizona Department of Transportation, Mark Brnovich, City of Phoenix, Brian Eckenboy, Gary Gombar, John Halikowski, Ryan Junas, Tim Lane, Kellie McGhee, Tammy Miller, Matthew Murray, Phoenix Police Department, Keith Richardson, Juilian Rosario, Jemima Schmidt, Dan Schneider, Nicole Shaker, Heston Silbert, Shawn Steinberg, U.S. Department of Justice, Andres Vasquez. (AM) [Transferred from flmd on 6/9/2023.] |
| Filing 1 COMPLAINT Permanent Injunctive Relief Requested, Declaratory Relief Requested against All Defendants with Jury Demand (Filing fee $402.00, receipt number TPA67830 ) filed by Eric Gerow. (Attachments: #1 Civil Cover Sheet)(MCB) [Transferred from flmd on 6/9/2023.] |
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