Arizona Department of Economic Security v. Wormuth
| Arizona Department of Economic Security |
| Christine Wormuth |
| 4:2023cv00250 |
| June 2, 2023 |
| U.S. District Court for the District of Arizona |
| Lynnette C Kimmins |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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| Document Text |
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| Filing 31 STATUS REPORT per July 25, 2023 Order #29 by Christine Wormuth. (Letzkus, Sarah) |
| Filing 30 RESPONSE to Motion re: #22 MOTION for Preliminary Injunction filed by Christine Wormuth. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Att. 1, #4 Att. 2)(Letzkus, Sarah) |
Filing 29
ORDER granting #25 Motion to Expedite. IT IS ORDERED that the deadline for Plaintiff's reply brief on the motion for a preliminary injunction is accelerated to 8/7/2023. The Evidentiary Hearing is reset for 8/15/2023 at 01:30 PM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Lynnette C Kimmins. IT IS FURTHER ORDERED that, on or before 7/28/2023, Defendant shall file a status report with the Court stating the period of time, if any, it is willing to extend Plaintiff's contract beyond the current termination date of 8/31/2023. Signed by Magistrate Judge Lynnette C Kimmins on 7/25/2023. (CKS)
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| Filing 28 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Motion Hearing held on 7/24/2023. The Court heard argument on Plaintiff's Unopposed Motion for Expedited Hearing on Motion for Preliminary Injunction #25 . Formal order to follow. APPEARANCES: Telephonic appearance by Andrew D Freeman, Neel K Lalchandani and Randy Jiro Aoyama for Plaintiff: Arizona Department of Economic Security. Telephonic appearance by Sarah Suzanne Letzkus for Defendant: Christine Wormuth. This hearing was not recorded nor was a Court Reporter present for the duration of the proceedings. Hearing held 10:32 am to 10:57 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) |
| Filing 27 NOTICE TO FILER OF DEFICIENCY re: #25 MOTION to Expedite Hearing on Motion for Preliminary Injunction (Unopposed) filed by Arizona Department of Economic Security. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Randy J. Aoyama but submitted using the log-in and password belonging to attorney Andrew D. Freeman. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) |
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Filing 26
ORDER setting a Telephonic Status Conference for 7/24/2023 at 10:30 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Lynnette C Kimmins. IT IS FURTHER ORDERED the parties shall call 1-866-390-1828 access code 1721142 in order to join the conference line for the scheduled Status Conference. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS)
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| Filing 25 MOTION to Expedite Hearing on Motion for Preliminary Injunction (Unopposed) by Arizona Department of Economic Security. (Attachments: #1 Exhibit A - F01 FFS LOI Exercise Option-KTR, #2 Exhibit B - Letter from KO re contract transition.07-19-23, #3 Proposed Order)(Freeman, Andrew) |
| Filing 24 Sealed Document: Exhibits 4, 5,6, and 9 to #22 Motion to Preliminary Injunction by Arizona Department of Economic Security. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 9)(KAH) |
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Filing 23
ORDER granting #14 MOTION to Seal Document . Signed by Magistrate Judge Lynnette C Kimmins on 7/6/23. (KAH)
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| Filing 22 Plaintiff's MOTION for Preliminary Injunction by Arizona Department of Economic Security. (Aoyama, Randy) (Attachments: #1 Exhibit 1 Declaration of Kristen Mackey, #2 Exhibit 2 Declaration of Scott Weber, #3 Exhibit 3 ADES's Volume III Past Performance, #4 Exhibit 4 CPAR (April 1, 2018, through March 31, 2019), #5 Exhibit 5 CPAR (April 1, 2019, through March 30, 2020), #6 Exhibit 6 CPAR (December 1, 2010 through November 30, 2020), #7 Exhibit 7 Excerpts of 2022 Solicitation, #8 Exhibit 8 ADES Cover Letter to Proposal, #9 Exhibit 9 ADESs Volume II - Technical Submission, #10 Exhibit 10 Letter from Michael J. Vicory to Joyceline Elliot (Jan. 20, 2023), #11 Exhibit 11 Letter from Kristen Mackey to Michael J. Vicory Requesting Debriefing, #12 Exhibit 12 Letter from Michael J. Vicory to Joyceline Elliot (Jan. 26, 2023), #13 Exhibit 13 Letter from Kristen Mackey to Michael J. Vicory (Mar. 6, 2023), #14 Exhibit 14 Letter from Michael J. Vicory to Kristen Mackey (Apr. 3, 2023), #15 Exhibit 15 COR Status Report, #16 Exhibit 16 Quality of Life Survey., #17 Exhibit 17 Complaint for Randolph-Sheppard Arbitration against the Department of, #18 Exhibit 18 In re Texas, by and through the Tex. Workforce Commn, Bus. Enter. of, #19 Exhibit 19 Missouri Dept of Social Servs. v. United States Dept of the Army, R-S, #20 Exhibit 20 South Carolina Commn for the Blind v. United States Marine Corps, R-S, #21 Exhibit 21 Excerpt of DoE Handbook - Administration of the Randolph-Sheppard Ven, #22 Exhibit 22 Colorado Bus. Enter. Program, et al. v. United States Dept of the Air, #23 Exhibit 23 Letter from Carol Dobak to Peter Nolan (Dec. 2, 2021), #24 Exhibit 24 Utah Div. of Servs. for the Blind and Visually Impaired v. United Sta, #25 Exhibit 25 Oklahoma Dept of Rehab. Servs. v. United States Dept of the Army, R-S, #26 Exhibit 26 Opportunities for Ohioans with Disabilities v. United States Dept of, #27 Exhibit 27 Colo. Dept of Human Servs. v. United States, R-S10-06 (May 30, 2012))(ARC) |
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Filing 21
ORDERED that the #12 Consent Motion is GRANTED. It is further ordered that Plaintiff may have up to 27 pages for its opening memorandum; Defendant may have up to 27 pages for its opposition memorandum; and Plaintiff may have up to 18 pages for a reply. It is further ordered that the Clerk of Court shall file on the docket #13 Plaintiff's Lodged Motion for Preliminary Injunction. It is further ordered that Defendant's opposition memorandum is due on or before July 28, 2023; and Plaintiff's reply memorandum is due on or before August 14, 2023. It is further ordered that an evidentiary hearing and argument on Plaintiff's Motion for Preliminary Injunction will be heard on September 18, 2023, at 9:30 a.m. Signed by Magistrate Judge Lynnette C Kimmins on 7/6/2023. (ARC)
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| Filing 20 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Lynnette C Kimmins conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) |
| Filing 19 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) |
| Filing 17 Magistrate Election Form sent and deadline (x1). (DLC) |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE: Sarah S. Letzkus appearing for Christine Wormuth. . (Letzkus, Sarah) |
| Filing 15 FILED at (Doc. #24 ) SEALED LODGED Proposed Exhibits 4, 5,6, and 9 to Motion to Preliminary Injunction re: #14 Motion to Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Arizona Department of Economic Security. (Attachments: #1 Exhibit 5 CPAR (April 1, 2019, through March 30, 2020), #2 Exhibit 6 CPAR (December 1, 2010, through November 30, 2022), #3 Exhibit 9 ADESs Volume II - Technical Submission)(Aoyama, Randy) *Modified to add link to motion to seal on 7/3/2023 (CEI). Modified on 7/7/2023 (KAH). |
| Filing 14 MOTION to Seal Document by Arizona Department of Economic Security. (Attachments: #1 Proposed Order re Motion to Seal)(Aoyama, Randy) |
| Filing 13 FILED at Doc. #22 - LODGED Proposed Motion for Preliminary Injunction re: #12 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Department of Economic Security. (Attachments: #1 Exhibit 1 Declaration of Kristen Mackey, #2 Exhibit 2 Declaration of Scott Weber, #3 Exhibit 3 ADES's Volume III Past Performance, #4 Exhibit 4 CPAR (April 1, 2018, through March 31, 2019), #5 Exhibit 5 CPAR (April 1, 2019, through March 30, 2020), #6 Exhibit 6 CPAR (December 1, 2010 through November 30, 2020), #7 Exhibit 7 Excerpts of 2022 Solicitation, #8 Exhibit 8 ADES Cover Letter to Proposal, #9 Exhibit 9 ADESs Volume II - Technical Submission, #10 Exhibit 10 Letter from Michael J. Vicory to Joyceline Elliot (Jan. 20, 2023), #11 Exhibit 11 Letter from Kristen Mackey to Michael J. Vicory Requesting Debriefing (Jan. 20, 2023), #12 Exhibit 12 Letter from Michael J. Vicory to Joyceline Elliot (Jan. 26, 2023), #13 Exhibit 13 Letter from Kristen Mackey to Michael J. Vicory (Mar. 6, 2023), #14 Exhibit 14 Letter from Michael J. Vicory to Kristen Mackey (Apr. 3, 2023), #15 Exhibit 15 COR Status Report, #16 Exhibit 16 Quality of Life Survey., #17 Exhibit 17 Complaint for Randolph-Sheppard Arbitration against the Department of the Army (May 30, 2023), #18 Exhibit 18 In re Texas, by and through the Tex. Workforce Commn, Bus. Enter. of Tex. and the United States Dept of the Air Force, R-S16-09 (Feb. 28, 2017), #19 Exhibit 19 Missouri Dept of Social Servs. v. United States Dept of the Army, R-S16-13 (May 1, 2019), #20 Exhibit 20 South Carolina Commn for the Blind v. United States Marine Corps, R-S19-01 (Aug. 11, 2022), #21 Exhibit 21 Excerpt of DoE Handbook - Administration of the Randolph-Sheppard Vending Program by Federal Property Managing Agencies (1988), #22 Exhibit 22 Colorado Bus. Enter. Program, et al. v. United States Dept of the Air Force, R-S20-09 (Sept. 27, 2022), #23 Exhibit 23 Letter from Carol Dobak to Peter Nolan (Dec. 2, 2021), #24 Exhibit 24 Utah Div. of Servs. for the Blind and Visually Impaired v. United States Dept of the Air Force, R-S20-04 (Feb. 9, 2022), #25 Exhibit 25 Oklahoma Dept of Rehab. Servs. v. United States Dept of the Army, R-S18-09 (June 22, 2020), #26 Exhibit 26 Opportunities for Ohioans with Disabilities v. United States Dept of Air Force, Wright-Patterson Air Force Base, Case No. R-S16-08 (Feb. 22, 2018), #27 Exhibit 27 Colo. Dept of Human Servs. v. United States, R-S10-06 (May 30, 2012))(Aoyama, Randy) Modified on 7/7/2023 (ARC). |
| Filing 12 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Arizona Department of Economic Security. (Attachments: #1 Proposed Order re Motion to Exceed)(Aoyama, Randy) |
| Filing 11 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) |
| Filing 9 SERVICE EXECUTED filed by Arizona Department of Economic Security: Proof of Service re: Summons, Complaint and Civil Cover Sheet upon The Honorable Merrick B. Garland on 6/7/23 via Certified Mail and delivered on 6/13/23 to the Front Desk/Reception/Mail Room. (Aoyama, Randy) |
| Filing 8 SERVICE EXECUTED filed by Arizona Department of Economic Security: Proof of Service re: Summons, Complaint and Civil Cover Sheet upon Carrie F. Ricci, Army General Counsel on 6/7/23 via Certified Mail and delivered on 6/12/23 to the Front Desk/Reception/Mail Room. (Aoyama, Randy) |
| Filing 7 SERVICE EXECUTED filed by Arizona Department of Economic Security: Proof of Service re: Summons, Complaint and Civil Cover Sheet upon Christine Wormuth, Secretary of the Army on 6/7/23 via Certified Mail and delivered on 6/13/23 to the Front Desk/Reception/Mail Room. (Aoyama, Randy) |
| Filing 6 SERVICE EXECUTED filed by Arizona Department of Economic Security: Affidavit of Service re: Summons, Civil Cover Sheet, and Complaint for Preliminary Injunction upon Gary M. Restaino, U.S. Attorney on June 6, 2023. (Aoyama, Randy) |
| Filing 5 Magistrate Election Form Deadline electronically mailed (x2) on this date. (BAC) |
| NOTICE of request for e-notices by Sarah S. Letzkus. (Letzkus, Sarah) |
| Remark: Pro hac vice motion(s) granted for Andrew D Freeman, Neel K Lalchandani on behalf of Plaintiff Arizona Department of Economic Security. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 Summons Issued as to Christine Wormuth. (ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number AAZDC-21970575. This case has been assigned to the Honorable Lynnette C Kimmins. All future pleadings or documents should bear the correct case number: CV-23-250-TUC-LCK. Magistrate Election form attached. (ARC) |
| Filing 2 SUMMONS Submitted by Arizona Department of Economic Security. (Aoyama, Randy) (ARC) |
| Filing 1 COMPLAINT FOR PRELIMINARY INJUNCTION. Filing fee received: $ 402.00, receipt number AAZDC-21970575 filed by Arizona Department of Economic Security. (Aoyama, Randy) (Attachments: #1 Civil Cover Sheet)(ARC) |
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