Castro v. Fontes et al
| John Anthony Castro |
| Adrian Fontes and Donald J Trump |
| Arizona Republican Party |
| 2:2023cv01865 |
| September 5, 2023 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 Additional Attachments to Main Document re: #54 Notice (Other) by Defendant Donald J Trump. (LaSota, Timothy) |
| Filing 54 NOTICE by Donald J Trump re: #30 First MOTION to Dismiss for Lack of Jurisdiction . (LaSota, Timothy) |
| Filing 53 AFFIDAVIT of John Anthony Castro re: #39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff John Anthony Castro. (Castro, John) |
| Filing 52 SUPPLEMENT Notice of Supplemental Authority re: #39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff John Anthony Castro. (Attachments: #1 Exhibit Appellant's Opening Brief to the First Circuit)(Castro, John) |
| Filing 51 RESPONSE in Opposition re: #46 MOTION to Dismiss for Failure to State a Claim Opposition to Plaintiff's Motion to Dismiss the Arizona Republican Party's Third Party Complaint in Intervention filed by Arizona Republican Party, Arizona Republican Party. (Wilenchik, Dennis) |
| Filing 50 SUPPLEMENT Notice of Supplemental Authority re: #39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff John Anthony Castro. (Attachments: #1 1st Circuit Emergency Motion for Expedited Review and En Banc Determination)(Castro, John) |
| Filing 49 SUPPLEMENT Notice of Supplemental Authority re: #30 First MOTION to Dismiss for Lack of Jurisdiction by Defendant Donald J Trump. (LaSota, Timothy) |
| Filing 48 *RESPONSE re: 42 Order by ThirdParty Plaintiff Arizona Republican Party, Intervenor Plaintiff Arizona Republican Party. (Wilenchik, Dennis) *Modified to correct text on 10/30/2023 (KLG). |
| Filing 47 REPLY to Response to Motion re: #30 First MOTION to Dismiss for Lack of Jurisdiction filed by Donald J Trump. (LaSota, Timothy) |
| Filing 46 *MOTION to Dismiss for Failure to State a Claim #43 Third-Party Complaint by John Anthony Castro. (Castro, John Anthony) *Modified to correct motion type, link, and text on 10/23/2023 (CSL). |
Filing 45
ORDER that the stipulated motion #33 is GRANTED. Secretary Fontes may proceed as a nominal party in this matter. IT IS FURTHER ORDERED that the Secretary, as a nominal party, is not responsible for fees or costs associated with this matter, will not substantively participate in briefings, and will be provided other parties' briefings via counsel on the mailing certification lists. Signed by Judge Douglas L Rayes on 10/18/23. (REK)
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| Filing 44 *RESPONSE re: #37 Order by Donald J Trump. (LaSota, Timothy) *Modified to correct event and filer on 10/19/2023 (REK). |
| Filing 43 *THIRD PARTY COMPLAINT against John Anthony Castro filed by Arizona Republican Party.(Wilenchik, Dennis) *Modified to correct event and text on 10/19/2023 (REK). |
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Filing 42
ORDER: The Court having been advised that counsel of record for Intervenor the Arizona Republican Party is unavailable for tomorrow's telephonic status conference, and given the time-sensitive nature of this matter, IT IS ORDERED that the status conference is vacated. IT IS FURTHER ORDERED that Intervenor the Arizona Republican Party shall file its Third-Party Complaint in Intervention no later than October 18, 2023. IT IS FURTHER ORDERED modifying the schedule in this matter as follows: (1) if any party intends to file a dispositive motion related to the Arizona Republican Party's Third-Party Complaint in Intervention, they must do so by no later than October 25, 2023; (2) if any party files a dispositive motion related to the Arizona Republican Party's Third-Party Complaint in Intervention, responses shall be due no later than November 1, 2023, and replies shall be due no later than November 7, 2023; (3) the hearing on Mr. Castro's preliminary injunction motion and on Defendant Donald Trump's motion to dismiss currently scheduled for October 31, 2023 is reset for November 14, 2023 at 9:00AM (Arizona time), will remain telephonic, and will consist of oral argument on the paper record; (4) if dispositive motions related to the Arizona Republican Party's Third-Party Complaint in Intervention are filed, those motions will be considered and argued at the November 14, 2023 hearing as well; (5) by no later than November 7, 2023, the Arizona Republican Party must notify the Court in writing whether it agrees with Mr. Castro and Mr. Trump that the November 14, 2023 preliminary injunction hearing can be consolidated with the final trial on the merits. These deadlines are firm and will not be moved absent a persuasive showing of good cause. Ordered by Judge Douglas L Rayes on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 41 RESPONSE in Opposition to Arizona Republican Party's Motion to Intervene (The CM/ECF System Would Not Let Me Link a Response in Opposition to ECF #26 ) by Plaintiff John Anthony Castro. (Castro, John Anthony) |
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Filing 40
ORDER: There being no opposition, and it appearing that the elements of Fed. R. Civ. P. 24(a)(2) are met, IT IS ORDERED that the Arizona Republican Party's motion to intervene (Doc. #26 ) is granted. The parties shall appear telephonically for a status conference on October 18, 2023 at 2:00PM (Arizona time) to discuss how the Arizona Republican Party's intervention impacts the current case management schedule. Call-in instructions will be provided via separate email. Ordered by Judge Douglas L Rayes on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 39 RESPONSE to Motion re: #30 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by John Anthony Castro. (Castro, John Anthony) |
| Filing 38 *RESPONSE to #37 Order Explaining Nominal Status by Plaintiff John Anthony Castro. (Castro, John Anthony) *Modified to add document link on 10/17/2023 (REK). |
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Filing 37
ORDER that, by no later than October 18, 2023, the parties jointly supplement their stipulation #33 to address the concerns outlined in this order. Signed by Judge Douglas L Rayes on 10/16/2023. (REK)
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| Filing 36 RESPONSE to Motion re: #26 MOTION to Intervene Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure filed by Adrian Fontes. (Cummings, Kyle) |
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Filing 35
ORDER: IT IS ORDERED granting Defendant Donald Trump's #29 Motion to Exceed Page Limitations. Defendant Trump's #30 motion to dismiss is accepted. FURTHER ORDERED that Plaintiff Castro is granted a commensurate extension of the page limit for his response to the motion to dismiss. Ordered by Judge Douglas L Rayes on 10/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 34 RESPONSE to Motion re: #26 MOTION to Intervene Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure filed by Donald J Trump. (LaSota, Timothy) |
| Filing 33 MOTION Stipulated Motion Naming Defendant AZ Secretary of State Adrian Fontes as a Nominal Party by Adrian Fontes. (Attachments: #1 Proposed Order Naming Defendant AZ Secretary of State Adrian Fontes as a Nominal Party)(Cummings, Kyle) |
| Filing 32 NOTICE re: of consent to consolidating preliminary injunction hearing with trial on the merits by Donald J Trump . (LaSota, Timothy) |
| Filing 31 RESPONSE in Opposition re: #11 MOTION for Preliminary Injunction filed by Donald J Trump. (LaSota, Timothy) |
| Filing 30 First MOTION to Dismiss for Lack of Jurisdiction by Donald J Trump. (LaSota, Timothy) |
| Filing 29 First MOTION for Leave to File Excess Pages by Donald J Trump. (Attachments: #1 Proposed Order)(LaSota, Timothy) |
| Filing 28 AFFIDAVIT of John Anthony Castro Affidavit of Ballot Access Qualification by Plaintiff John Anthony Castro. (Castro, John Anthony) |
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Filing 27
ORDER: IT IS ORDERED that responses, if any, to the #26 Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure shall be due no later than 12:00 PM (Noon) on 10/16/2023. Movant Arizona Republican Party may file an optional reply no later than 5:00 PM on 10/17/2023. Ordered by Judge Douglas L Rayes on 10/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 26 MOTION to Intervene Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure by Arizona Republican Party. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order)(Wilenchik, Dennis) |
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Filing 25
ORDER: Before the Court is Plaintiff's #22 Motion for Continuance requesting the Court continue the hearing on his #11 Preliminary Injunction Motion from 10/31/2023 to 11/7/23 due to "immovable scheduling conflicts that would prevent [his] personal physical attendance." At the 9/25/2023 status conference, the parties agreed that the 10/31/2023 hearing would not be evidentiary but instead would be oral argument on the papers only. With that understanding, and to the accommodate Plaintiff's schedule, the Court will convert the hearing to a telephonic oral argument obviating the need for in-person appearances. Accordingly, Plaintiff's #22 Motion for Continuance is DENIED. The parties will be provided with call-in information via separate email. Ordered by Judge Douglas L Rayes on 9/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 23 RESPONSE to Motion re: #22 MOTION to Continue Preliminary Injunction Hearing Consolidated with a Bench Trial on the Merits filed by Donald J Trump. (LaSota, Timothy) |
| Filing 22 MOTION to Continue Preliminary Injunction Hearing Consolidated with a Bench Trial on the Merits by John Anthony Castro. (Attachments: #1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) |
| Filing 24 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Conference held on 9/25/2023. Plaintiff's Motion to Compel the In-Person Appearance of Defendant Trump at the Preliminary Injunction Hearing (Doc. #14 ) is WITHDRAWN. Preliminary Injunction Hearing reset for 10/31/2023 at 09:00 AM. See attached document for additional deadlines and complete details. (Court Reporter Jennifer Pancratz.) Hearing held 4:28 pm to 4:52 pm.(RMV) |
| Filing 21 AFFIDAVIT of John Anthony Castro re: #11 MOTION for Preliminary Injunction Supplemental Affidavit in Support of Preliminary Injunctive Relief by Plaintiff John Anthony Castro. (Attachments: #1 Exhibit Exhibit A, Third Superseding Indictment of Enrique Tarrio, et al.)(Castro, John Anthony) |
| Filing 20 NOTICE of Appearance by Timothy Andrew LaSota on behalf of Donald J Trump. (LaSota, Timothy) |
| Filing 19 *NOTICE of Appearance by Kara Karlson on behalf of Adrian Fontes. (Karlson, Kara) *Modified to correct event and text on 9/22/2023 (REK). |
| Filing 18 NOTICE re: Affidavit of Service of Order by John Anthony Castro re: 16 Order,,, Set/Reset Hearings,, . (Castro, John Anthony) |
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Filing 17
ORDER: Plaintiff John Anthony Castro moves the Court to compel the remote testimony of Virginia Thomas at the October 23, 2023, preliminary injunction hearing. (Doc. #15 .) Mr. Castro represents that he wishes to examine Ms. Thomas in order to explore whether there might be grounds for her spouse, Justice Clarence Thomas, to recuse from hearing a hypothetical future appeal of this case. Mr. Castro has not shown that such testimony is material to the merits of his preliminary injunction motion. Accordingly, IT IS ORDERED that Mr. Castro's #15 Motion to Compel is DENIED. Ordered by Judge Douglas L Rayes on 9/19/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 16
ORDER: IT IS ORDERED setting a Telephone Conference for 9/25/2023 at 04:30 PM (Arizona time) to discuss (1) whether either side anticipates the need to conduct any limited discovery to prepare for the preliminary injunction hearing and, if so, (2) the parameters of that discovery. IT IS FURTHER ORDERED that Plaintiff shall serve Defendants with a copy of this order and file proof thereof no later than Thursday, 9/21/2023. Plaintiff will be provided with call-in information for the hearing via separate email and shall provide such to counsel for Defendants. Ordered by Judge Douglas L Rayes on 9/19/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| Filing 15 MOTION to Compel the Remote Testimony of Virginia "Ginni" Thomas at Hearing for Preliminary Injunction as a Material Witness by John Anthony Castro. (Attachments: #1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) |
| Filing 14 Emergency MOTION to Compel In-Person Attendance of Defendant Donald John Trump at Hearing for Preliminary Injunction by John Anthony Castro. (Attachments: #1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) |
| Filing 13 NOTICE re: Service on Both Defendants via CMRRR and Email by John Anthony Castro re: #12 Order,,, Set/Reset Motion and R&R Deadlines/Hearings,,, Set/Reset Hearings,,, Terminate Motions,, . (Castro, John Anthony) |
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Filing 12
ORDER that Mr. Castro's motion for a TRO (Doc. #11 ) is DENIED and is converted to a preliminary injunction motion. Secretary Fontes and Mr. Trump shall respond to the preliminary injunction motion by no later than October 6, 2023. Mr. Castro shall file his reply brief by no later than October 13, 2023. A preliminary injunction hearing is set for 9:00 AM on October 23, 2023. See attached document for additional deadlines and complete details. Signed by Judge Douglas L Rayes on 9/18/2023. (RMV)
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| Filing 11 *Construed as a MOTION for Preliminary Injunction (Titled: Emergency MOTION for Temporary Restraining Order) per Order #12 by John Anthony Castro. (Attachments: #1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) *Modified to correct motion type and text on 9/19/2023 (REK). |
| Filing 10 SERVICE EXECUTED filed by John Anthony Castro: Proof of Service re: Summons and Verified Complaint upon Defendant Donald John Trump on 09/15/2023. (Castro, John Anthony) |
| Filing 9 SERVICE EXECUTED filed by John Anthony Castro: Proof of Service re: Summons and Complaint upon Defendant Secretary of State Adrian Fontes on 09/15/2023. (Castro, John Anthony) |
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Filing 8
ORDER - Motions to dismiss under Federal Rule of Civil Procedure 12(b)(1)-(3) & (6)-(7), motions for judgment on the pleadings under Rule 12(c), and motions to strike under Rule 12(f) are discouraged if the perceived defect(s) that would be the subject of the motion can be cured in any part by filing an amended pleading. Plaintiff shall serve a copy of this Order upon Defendant and file notice of service with the Court. Signed by Judge Douglas L Rayes on 9/7/23. (DXD)
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Filing 7
ORDER granting #3 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge Douglas L Rayes on 9/7/23. (DXD)
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| Filing 6 Summons Issued as to Adrian Fontes, Donald J Trump. (DXD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 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. (DXD) |
| Filing 4 Filing fee paid, receipt number 200008160. This case has been assigned to the Honorable Judge Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-23-01865-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) |
| Filing 3 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by John Anthony Castro. (DXD) |
| Filing 2 SUMMONS Submitted by John Anthony Castro. (DXD) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 200008160 filed by John Anthony Castro. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(DXD) |
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