Ben Toma, et al v. USDC-AZPIn re: Ben Toma, et al v. USDC-AZP
| BEN TOMA, Speaker of the Arizona House of Representatives, in his official capacity |
| UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, PHOENIX |
| In re: BEN TOMA, Speaker of the Arizona House of Representatives, in his official Capacity, WARREN PETERSEN, President of the Arizona Senate, in his official capacity, MI FAMILIA VOTA, VOTO LATINO, LIVING UNITED FOR CHANGE IN ARIZONA, LUCHA Plaintiff, LEAGUE OF UNITED LATIN AMERICAN CITIZENS ARIZONA, LUCHA Plaintiff, ARIZONA STUDENTS' ASSOCIATION, LUCHA Plaintiff, ADRC ACTION, previously named Arizona Democracy Resource Center Action, LUCHA Plaintiff, INTER TRIBAL COUNCIL OF ARIZONA INCORPORATED, LUCHA Plaintiff, SAN CARLOS APACHE TRIBE, LUCHA Plaintiff, ARIZONA COALITION FOR CHANGE, LUCHA Plaintiff, UNITED STATES OF AMERICA, PODER LATINX, CPLC Plaintiffs, CHICANOS POR LA CAUSA, INC., CPLC Plaintiffs, CHICANOS POR LA CAUSA ACTION FUND, CPLC Plaintiffs, DEMOCRATIC NATIONAL COMMITTEE, ARIZONA DEMOCRATIC PARTY, ARIZONA ASIAN AMERICAN NATIVE HAWAIIAN AND PACIFIC ISLANDER FOR EQUITY COALITION, PROMISE ARIZONA, SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT, TOHONO O'ODHAM NATION, GILA RIVER INDIAN COMMUNITY, KEANU STEVENS, ALANNA SIQUIEROS, LADONNA JACKET, ADRIAN FONTES, in his official capacity as Arizona Secretary of State, LARRY NOBLE, Apache County Recorder, in his official capacity, DAVID W. STEVENS, Cochise County Recorder, in his official capacity, PATTY HANSEN, Coconino County Recorder, in her official capacity, SADIE JO BINGHAM, Gila County Recorder, in her official capacity, SHARIE MILHEIRO, Greenlee County Recorder, in her official capacity, RICHARD GARCIA, La Paz County Recorder, in his official capacity, STEPHEN RICHER, Maricopa County Recorder, in his official capacity, KRISTI BLAIR, Mohave County Recorder, in her official capacity, MICHAEL SAMPLE, Navajo County Recorder, in his official capacity, GABRIELLA CAZARES-KELLY, Pima County Recorder, in her official capacity, SUZANNE SAINZ, Santa Cruz County Recorder, in her official capacity, RICHARD COLWELL, Yuma County Recorder, in official capacity, MICHELLE BURCHILL, Yavapai County Recorder, in official capacity, DANA LEWIS, KRIS MAYES, in her official capacity as Arizona Attorney General, JENNIFER TOTH, in her official capacity as Director of the Arizona Department of Transportation and POLLY MERRIMAN, Graham County Recorder, in her official capacity |
| 23-70179 |
| October 1, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| IN RE: BEN TOMA, ET AL V. USDC-AZP |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 Added Attorney(s) Justin S Pierce for party(s) Real Party in Interest Suzanne Sainz, in case 23-70179. [12811122] (BJK) [Entered: 10/17/2023 03:09 PM] |
| Filing 12 Filed (ECF) notice of appearance of Justin S. Pierce (Pierce Coleman 7730 East Greenway Road, Suite 105 Scottsdale, Arizona 85260) for Real Party in Interest Suzanne Sainz. Date of service: 10/17/2023. (Party was previously proceeding with counsel.) [12811108] [23-70179] (Pierce, Justin) [Entered: 10/17/2023 03:03 PM] |
| Filing 11 Filed (ECF) Acknowledgment of hearing notice by Attorney Mark C. Dangerfield, Esquire for Petitioners Warren Petersen and Ben Toma. Hearing in Pasadena on 11/16/2023 at 9:30 a.m. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/16/2023. [12810145] [23-70179] (Dangerfield, Mark) [Entered: 10/16/2023 11:53 AM] |
| Filing 10 Notice of Oral Argument on Thursday, November 16, 2023 - 09:30 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, November 16, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12809569]. [23-70179] (KS) [Entered: 10/13/2023 02:16 PM] |
| Filing 9 Filed order (WILLIAM A. FLETCHER, CONSUELO M. CALLAHAN and MARK J. BENNETT) The motion to stay the district courts September 14, 2023 discovery order (Docket Entry No. [ # 2 ]) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). The portions of the district courts September 14, 2023 order (1) allowing real parties in interest to depose petitioners about their personal involvement in the Voting Laws legislative process and (2) requiring production of communications sent or received by either the Speaker or the President which have been withheld on legislative privilege grounds are stayed. Any communications that petitioners already produced should not be used or disclosed beyond the scope of the protective order in place. This order does not stay any other portions of the district courts orders or district court proceedings. This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, by October 20, 2023, real parties in interest must file an answer. The answer should address the scope and application of legislative privilege, the conditions under which a legislator waives the privilege, particularly under A.R.S. 12-1841, and the relevance of the requested information to the constitutionality of the challenged Voting Laws. The district court may also address the petition if it so desires. See Fed. R. App. P. 21(b)(4). If the district court elects to address the petition, it may file an answer with this court or issue a supplemental order and serve a copy on this court by October 20, 2023. Petitioners may file a reply by October 25, 2023. The Clerk will calendar this petition during the month of November 2023. See 9th Cir. Gen. Ord. 3.3(g). In granting a stay, we do not intend to constrain the merits panels consideration of the merits of this petition in any way. The stay shall remain in effect until the merits panel decides this petition or issues an order lifting the stay. The Clerk will serve a copy of this order on the district court and District Judge Susan R. Bolton. Judge W. Fletcher respectfully dissents. [12808798] (JMR) [Entered: 10/12/2023 02:15 PM] |
| Filing 8 Terminated Laura Louise Roubicek for Richard Garcia in 23-70179 [12806242] (BJK) [Entered: 10/06/2023 01:52 PM] |
| Filing 7 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Laura Louise Roubicek for Real Party in Interest Richard Garcia. Party proceeding without counsel: No. Date of service: 10/06/2023. [12806230] [23-70179] (Roubicek, Laura) [Entered: 10/06/2023 01:46 PM] |
| Filing 6 Filed (ECF) Petitioners Warren Petersen and Ben Toma Correspondence: Notice of Errata re Reply in Support of Emergency Motion for Stay of Discovery Order (Dkt. 5). Date of service: 10/06/2023 [12805885] [23-70179] (Porter, Hannah) [Entered: 10/06/2023 09:20 AM] |
| Filing 5 Filed (ECF) Petitioners Warren Petersen and Ben Toma reply to response (). Date of service: 10/05/2023. [12805732] [23-70179] (Porter, Hannah) [Entered: 10/05/2023 04:46 PM] |
| Filing 4 Filed (ECF) Real Parties in Interest Arizona Democratic Party and Democratic National Committee response opposing motion ([ # 2 ] Party Motion). Date of service: 10/04/2023. [12804803] [23-70179] (Volchok, Daniel) [Entered: 10/04/2023 04:21 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): The court has received petitioners emergency motion to stay the district courts September 14, 2023 order at Docket Entry No. [ # 2 ]. A response to the emergency motion only is due by 5:00 p.m. Pacific Time on October 4, 2023. An optional reply in support of the motion is due by 9:00 a.m. Pacific Time on October 6, 2023.[12802513] (JMR) [Entered: 10/02/2023 01:43 PM] |
| Filing 2 Filed Petitioners Speaker of the House Ben Toma and Senate President Warren Petersen EMERGENCY motion for Stay of Discovery Order (Ruling Requested by 10/10/23). Deficiencies: None. Served on 09/29/2023. [12802016] (BY) [Entered: 10/01/2023 02:02 PM] |
| Filing 1 FILED PETITION FOR WRIT OF MANDAMUS with EXHIBITS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [12802015] (BY) [Entered: 10/01/2023 01:54 PM] |
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