McGhee et al v. Flagstaff, City of et al
| Joseph Martin McGhee and Gennaro Stephen Napolitano |
| Coral Evans, Doug Ducey and Flagstaff, City of |
| 3:2020cv08081 |
| April 8, 2020 |
| US District Court for the District of Arizona |
| G Murray Snow |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 45 MINUTE ORDER: Civil Case Terminated pursuant to (Doc. #44 Notice of Voluntary Dismissal. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 44 NOTICE of Voluntary Dismissal by Joseph Martin McGhee. (McGhee, Joseph Martin) |
| Filing 43 *MOTION to Dismiss for Failure to State a Claim (Defendants City of Flagstaff and Mayor Coral Evans' Motion to Dismiss Plaintiff's Verified Third Amended Complaint) by Coral Evans, Flagstaff, City of. (Attachments: #1 Exhibit 1)(Molinario, Michele) *Modified to correct event type on 5/15/2020 (EJA). |
| Filing 42 MOTION Judicial Notice With Supporting Memorandum by Joseph Martin McGhee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Taking Judicial Notice)(McGhee, Joseph Martin) |
Filing 41
ORDER - Defendant Governor Douglas Ducey's Motion for Judicial Notice (Doc. #27 ) is GRANTED in part and DENIED in part. FURTHER ORDERED that Plaintiff Joseph McGhee's Motion for Judicial Notice of Adjudicative Facts (Doc. #35 ) is GRANTED in part and DENIED in part. Signed by Chief Judge G Murray Snow on 5/8/20. (EJA)
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Filing 40
ORDER - Plaintiff Joseph McGhee's Amended Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #22 ) is DENIED. ORDERED that Plaintiff's Motion for Leave to File Excess Pages for Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #23 ) is GRANTED. FURTHER ORDERED that Plaintiff's Motion for Leave to File Excess Pages for Memorandum of Law in Support of Third Amended Complaint (Doc. #24 ) is GRANTED. Signed by Chief Judge G Murray Snow on 5/8/20. (EJA)
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| Filing 39 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Motion Hearing held on 5/8/2020. IT IS ORDERED taking under advisement #22 Motion for TRO/Motion for Preliminary Injunction. TELEPHONIC APPEARANCES: Joseph McGhee Pro Se Plaintiff. Brett Johnson, Colin Ahler, Tracy Olson, and Anni Foster for Defendant Governor Doug Ducey. Michele Molinario and Derek Graffious for Defendants City of Flagstaff and Mayor Coral Evans. (Court Reporter Charlotte Powers.) Hearing held 9:33 AM to 10:20 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 38 Joinder re: #37 Response to Motion (Defendants City of Flagstaff and Mayor Evans' Joinder in Governor Ducey's Response) by Defendants Coral Evans, Flagstaff, City of. (Graffious, Derek) |
| Filing 37 RESPONSE to Motion re: #35 MOTION Judicial Notice of Adjudicative Facts re: #22 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #21 Amended Complaint THREE filed by Doug Ducey. (Johnson, Brett) |
| Filing 36 REPLY to Response to Motion re: #15 Emergency MOTION for Temporary Restraining Order Without Notice MOTION for Preliminary Injunction , #22 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Joseph Martin McGhee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGhee, Joseph Martin) |
| Filing 35 MOTION Judicial Notice of Adjudicative Facts re: #22 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #21 Amended Complaint THREE by Joseph Martin McGhee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order Granting Motion for Judicial Notice)(McGhee, Joseph Martin) |
| Filing 34 Joinder re: #27 MOTION MOTION FOR JUDICIAL NOTICE AND MEMORANDUM IN SUPPORT (Defendants City of Flagstaff and Mayor Coral Evans' Joinder in Governor Ducey's Motion for Judicial Notice and Memorandum in Support) by Defendants Coral Evans, Flagstaff, City of. (Graffious, Derek) |
| Filing 33 RESPONSE to Motion re: #12 MOTION to Strike #11 Demand for Jury Trial by Defendant City of Flagstaff and Mayor Coral Evans filed by Coral Evans, Flagstaff, City of. (Graffious, Derek) |
| Filing 32 Joinder re: #31 Response in Opposition to Motion (Defendants City of Flagstaff and Mayor Coral Evans' Joinder in Governor Ducey's Response to Plaintiff's Emergency Ex Parte Application for Temporary Restraining Order and Preliminary Injunction) by Defendants Coral Evans, Flagstaff, City of. (Graffious, Derek) |
| Filing 31 RESPONSE in Opposition re: #22 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #15 Emergency MOTION for Temporary Restraining Order Without Notice MOTION for Preliminary Injunction filed by Doug Ducey. (Attachments: #1 Exhibit Exhibits A-D)(Johnson, Brett) |
| Filing 30 NOTICE re: CERTIFICATION OF CONFERRAL REGARDING MOTION TO DISMISS by Doug Ducey . (Johnson, Brett) |
| Filing 29 *MOTION to Dismiss for Failure to State a Claim by Doug Ducey. (Johnson, Brett) *Modified to correct event type on 5/6/2020 (EJA). |
| Filing 28 NOTICE of Errata re: #27 MOTION MOTION FOR JUDICIAL NOTICE AND MEMORANDUM IN SUPPORT by Defendant Doug Ducey.. (Attachments: #1 Text of Proposed Order)(Johnson, Brett) |
| Filing 27 MOTION MOTION FOR JUDICIAL NOTICE AND MEMORANDUM IN SUPPORT by Doug Ducey. (Attachments: #1 Exhibit Exhibits A-V, #2 Text of Proposed Order Proposed Order)(Johnson, Brett) |
| Filing 26 NOTICE of Errata re: #21 Amended Complaint THREE by Plaintiff Joseph Martin McGhee.. (Attachments: #1 Exhibit A)(McGhee, Joseph Martin) |
| Filing 25 NOTICE of Errata re: #22 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Joseph Martin McGhee.. (Attachments: #1 Exhibit A)(McGhee, Joseph Martin) |
| Filing 24 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Third Amended Complaint by Joseph Martin McGhee. (Attachments: #1 Text of Proposed Order Granting Leave to Exceed Page Limit)(McGhee, Joseph Martin) |
| Filing 23 MOTION for Leave to File Excess Pages for Motion for Temporary Restraining Order and Preliminary Injunction by Joseph Martin McGhee. (Attachments: #1 Text of Proposed Order Granting Leave to Exceed Page Limit)(McGhee, Joseph Martin) |
| Filing 22 AMENDED EX PARTE Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Joseph Martin McGhee. (Attachments: #1 Exhibit Memorandum of Points and Authorities)(McGhee, Joseph Martin) |
| Filing 21 AMENDED COMPLAINT THREE against All Defendants filed by Joseph Martin McGhee. (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(McGhee, Joseph Martin) |
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Filing 20
ORDER directing Defendants, if they wish to do so, file a response to the Emergency Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #15 ) on or before noon on May 5, 2020. ORDERED directing Plaintiff file a reply in support of his Emergency Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #15 ) on or before noon on May 7, 2020. FURTHER ORDERED setting a Telephonic Oral Argument regarding the Temporary Restraining Order for May 8, 2020 at 9:30 a.m. Each party will have 20 minutes to present their arguments. See document for details. Signed by Chief Judge G Murray Snow on 4/30/20. (EJA)
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| Filing 19 NOTICE re: Defendants' City of Flagstaff and Mayor Coral Evans' Notice of Service of Plaintiff's Ex Parte Motion for Temporary Restraining Order by Coral Evans, Flagstaff, City of re: #15 Emergency MOTION for Temporary Restraining Order Without Notice MOTION for Preliminary Injunction , #17 Order on Motion to Amend/Correct . (Graffious, Derek) |
| Filing 18 NOTICE re: DEFENDANT DUCEYS NOTICE OF SERVICE OF EMERGENCY EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER by Doug Ducey . (Johnson, Brett) |
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Filing 17
ORDER granting #14 Plaintiff's Motion to Amend/Correct Second Amended Complaint. Plaintiff is directed to file his Third Amended Complaint which supersedes the Second Amended Complaint on or before May 1, 2020. FURTHER ORDERED that Defendants are directed to file notice with the Court indicating whether they received service of the Emergency Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #15 ) no later than 4:00 p.m. on April 29, 2020. Signed by Chief Judge G Murray Snow on 4/28/20. (EJA)
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| Filing 16 NOTICE re: Defendants' Joint Notice of Non-Opposition to Plaintiff's Motion for Leave to File Amended Complaint by Coral Evans, Flagstaff, City of re: #14 MOTION to Amend/Correct Verified Second Amended Complaint For Declaratory And Injunctive Relief . (Molinario, Michele) |
| Filing 15 EX PARTE Emergency MOTION for Temporary Restraining Order Without Notice, MOTION for Preliminary Injunction by Joseph Martin McGhee. (Attachments: #1 Exhibit Memorandum, #2 Text of Proposed Order Granting Temporary Restraining Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 18)(McGhee, Joseph Martin) |
| Filing 14 MOTION to Amend/Correct Verified Second Amended Complaint For Declaratory And Injunctive Relief by Joseph Martin McGhee. (Attachments: #1 Exhibit Changes To Second Amended Complaint, #2 [Proposed] Third Amended And Supplemented Complaint For Declaratory And Injunctive Relief, #3 Supplement Memorandum Of Points And Authorities In Support Of Plaintiff's [Proposed] Third Amended And Supplemented Complaint, #4 Text of Proposed Order [Proposed] Order Granting Plaintiff Leave To File Supplemental Complaint)(McGhee, Joseph Martin) |
| Filing 13 NOTICE of Appearance by Brett William Johnson on behalf of Doug Ducey. (Johnson, Brett) |
| Filing 12 MOTION to Strike #11 Demand for Jury Trial by Defendant City of Flagstaff and Mayor Coral Evans by Joseph Martin McGhee. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Motion to Strike)(McGhee, Joseph Martin) |
| Filing 11 DEFENDANT'S DEMAND for Jury Trial by Coral Evans, Flagstaff, City of. (Graffious, Derek) |
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Filing 10
ORDER granting #9 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 Chief Judge G Murray Snow on 4/17/2020. (REK)
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| Filing 9 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Joseph Martin McGhee. (5 pages) (KFZ) |
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Filing 8
ORDER granting #7 parties' Stipulated Motion. ORDERED that Defendants City of Flagstaff and Mayor Carol Evans shall file their respective answer or responsive pleading by no later than April 30, 2020. ORDERED that Defendant Governor Douglas Ducey shall file his answer or responsive pleading by no later than May 1, 2020. FURTHER ORDERED the parties' obligations to produce the information called for in the MIDP within 30 days of the filing of an answer, as set forth in paragraph (A)(6) of the General Order, will be triggered by Defendants' filing of an answer after this extension. Signed by Chief Judge G Murray Snow on 4/16/20. (EJA)
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| Filing 7 MOTION for Extension of Time to File Answer (Stipulated Motion for Extension of Time to Respond to Second Amended Verified Complaint) by Coral Evans, Flagstaff, City of. (Attachments: #1 Text of Proposed Order)(Molinario, Michele) |
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Filing 6
ORDER - Plaintiffs' Amended Ex Parte Motion for Temporary Restraining Order Without Notice and Application for Order to Show Cause Re: Issuance of a Preliminary Injunction Against Defendants, (Doc. 1-4), is DENIED without prejudice. FURTHER ORDERED finding that Defendants' Notice of Pending Motion and Request for Case Status Conference (Doc. #5 ) as moot. See document for complete details. Signed by Chief Judge G Murray Snow on 4/15/20. (EJA)
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| Filing 5 *NOTICE re: Notice of Pending Motion & MOTION for Case Status Conference by Doug Ducey . (Johnson, Brett) *Modified to add motion part on 4/13/2020 (EJA). |
| Filing 4 NOTICE of Appearance by Brett William Johnson on behalf of Doug Ducey. (Johnson, Brett) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (SLQ) |
| Filing 2 Filing fee paid, receipt number 0970-18160226. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-20-08081-PCT-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SLQ) |
| Filing 1 NOTICE OF REMOVAL from Coconino County Superior Court, case number CV2020-00135. Filing fee received: $ 400.00, receipt number 0970-18160226 filed by Coral Evans, Flagstaff, City of (submitted by Derek Graffious). (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 State Court Record, #4 State Court Record, #5 State Court Record, #6 State Court Record, #7 State Court Record, #8 State Court Record, #9 State Court Record, #10 State Court Record)(SLQ) |
| **State Court record received on 4/8/20**SERVICE EXECUTED filed by Joseph Martin McGhee, Gennaro Stephen Napolitano: Affidavit of Service re: Second Amended Complaint, Summons, Certificate on Compulsory Arbitration, Notice of Errata, Order, Exhibits 1-17 upon City of Flagstaff, Defendant Evans, Defendant Ducey on 4/2/20. *Affidavit of Service as to All Defendants filed on 4/7/20 in Coconino County Superior Court, docketed in U.S. District Court on 4/8/20 for case management purposes.* (SLQ) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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