Case: We Are America/Somos America Coalition of Arizona v. Maricopa County Board of Supervisors

2:06-cv-02816 | U.S. District Court for the District of Arizona

Filed Date: Nov. 21, 2006

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 21, 2006, a coalition of immigration rights groups, Arizona state representatives, Arizona taxpayers, and a group of immigrant criminal defendants filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for Arizona, challenging enforcement of the “Maricopa Migrant Conspiracy Policy” by the Maricopa County Sheriff and other County officials and officers. The policy allegedly consisted of arresting and prosecuting non-smuggler aliens for conspiring to transport…

On November 21, 2006, a coalition of immigration rights groups, Arizona state representatives, Arizona taxpayers, and a group of immigrant criminal defendants filed a class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for Arizona, challenging enforcement of the “Maricopa Migrant Conspiracy Policy” by the Maricopa County Sheriff and other County officials and officers.

The policy allegedly consisted of arresting and prosecuting non-smuggler aliens for conspiring to transport themselves across the border in violation of a state “anti-coyote” law, Ariz. Rev. Stat. § 13-2319, which made it a felony to smuggle undocumented immigrants for money. The plaintiffs alleged that instead of going after the professional smugglers (“coyotes”), local law enforcement targeted aliens who paid others to guide them across the border into Arizona and charged them under a criminal conspiracy theory. Specifically, the complaint asserted that the practice was preempted by federal immigration law and violated the Fourth and Fourteenth Amendments. The plaintiffs sought declaratory and injunctive relief and certification of a class consisting of all individuals arrested and prosecuted for conspiring to transport themselves, and themselves only, in violation of Ariz. Rev. Stat. § 13-2319. Attorneys for the Center for Human Rights and Constitutional Law, the LULAC National Legal Advisor, and private counsel represented the plaintiffs.

The defendants moved to dismiss the case on standing and abstention grounds. The defendants argued that the federal court should not hear the case as there were already state criminal cases underway in which plaintiffs’ challenges could be made.

Senior Judge Robert C. Bloomfield granted the motion in part and denied it in part. Judge Bloomfield decided that abstention in deference to the state courts may be required, writing that Younger abstention is appropriate when (1) there are ongoing state judicial proceedings; (2) the proceedings implicate important state interests; and (3) the state proceedings provide the plaintiff with an adequate opportunity to raise federal claims.

Judge Bloomfield gave the plaintiffs the opportunity to write a brief addressing the applicability of the preemption test in response. Specifically, the court was interested in deciding if the second prong of the test in De Canas v. Bica, 424 U.S. 351, 354 (1976) was applicable. De Canas held that federal preemption may be applicable to state law or policy that does not regulate immigration if Congress intended to “occupy the field” of the subject matter the state had attempted to regulate.

The plaintiffs’ request for class certification was denied without prejudice. 2007 WL 2775134 (D. Ariz. Sept. 21, 2007).

The plaintiffs filed a supplemental brief and then amended their complaint on October 12, 2007. The amended complaint asserted that the Maricopa Migrant Conspiracy Policy is preempted because the Immigration and Nationality Act fully occupies the field of regulating the transportation of immigrants, and therefore the the local regulation is duplicating and thus intruding on a federal scheme. This conflict intrudes on federal laws and policies which allow application for lawful status despite having entered without inspection.

On January 12, 2009, Judge Broomfield granted defendants’ motion to dismiss in its entirety, holding that all of the elements for Younger abstention were present: (1) state proceedings were underway before the commencement of this federal action, (2) the parties’ interests are sufficiently intertwined with parties in state court, (3) plaintiffs’ preemption argument is unavailing, and (4) there is unquestionable interference with the ongoing state proceeding. 594 F.Supp.2d 1104 (D. Ariz. 2009).

The plaintiffs petitioned the Ninth Circuit Court of Appeals regarding the order of dismissal and the judgment. On February 9, 2009, the Ninth Circuit (Hon. Judge Alex Kozinski, Judge Alfred T. Goodwin, and Judge Sandra S. Ikuta) granted the plaintiffs' petition.

On July 12, 2010, the Ninth Circuit issued a memorandum, finding that the Younger doctrine prohibited the district court from asserting jurisdiction over the national Mexican plaintiffs, and those claims had been properly dismissed. The Ninth Circuit held, however, that the claims of the organizations and taxpayers were sufficiently unrelated to the state claims that the court had jurisdiction. It remanded the case to the district court to determine if the remaining plaintiffs had standing to pursue their claims. 386 F. App'x 726 (9th Cir. 2010).

In response to the remand to the district court, the defendants filed a motion to dismiss the case due to lack of standing or lack of jurisdiction. The plaintiffs responded to the motion on Nov. 22, 2010.

On April 11, 2011, Judge Broomfield determined that, as it had been three and a half years since the complaint was originally filed, the case may be moot. Judge Broomfield requested that the parties file supplemental briefs to address this question. As a result of this briefing, Judge Broomfield dismissed the claims of League of United Latin American Citizens and individual Steve Gallardo.

The remaining plaintiffs and defendants proceeded with discovery. In October of 2012, the plaintiffs filed a second motion to certify class and a motion for summary judgment. The defendants also filed a motion for summary judgment.

On September 27, 2013, Judge Broomfield issued several orders. He denied the defendants’ motion for summary judgment. He granted in part and denied in part the plaintiffs' motion for class certification. The class was defined as “All individuals who pay taxes to Maricopa County and object to the use of county tax revenues to stop, detain, arrest, incarcerate, prosecute, or penalize individuals for conspiring to transport themselves, and themselves only, in violation of Ariz. Rev. State § 13-2319.”

He granted the plaintiffs’ motion for summary judgment as to their claim of federal preemption. Judge Broomfield dismissed with prejudice the plaintiffs claims unlawful search and seizure, denial of due process, as well as the pendent state claim.

Finally, Judge Broomfield held that the plaintiffs were entitled to a declaration that federal law preempts and renders invalid the Maricopa County Migrant Policy and permanently enjoined Sheriff Arpaio and County Attorney Montgomery and their agents, employees, successors in office, and all other persons who are in active concert or participation with the Maricopa Migrant Conspiracy Policy from implementing the Maricopa migrant Conspiracy Policy including detaining, arresting, and prosecuting persons for conspiring to transport themselves, and no one else. This was followed on October 4, 2013 by a clerk’s judgment stating that the plaintiffs were entitled to the above declarations.

On October 25, 2013, the defendants appealed to the Court of Appeals for the Ninth Circuit against the district court’s order on the motion for summary judgment, as well as the order on motion to certify class. On November 4, 2013, the plaintiffs cross-appealed to the Court of Appeals for the Ninth Circuit regarding the Orders on September 27, 2013 and October 4, 2013. The parties then continued to litigate regarding attorney’s fees.

On August 22, 2014, the parties advised the court that they would be dismissing this action upon defendants’ formal execution of the settlement agreement. On September 11, 2014, the plaintiffs withdrew their motion for attorney's fees, stating that the parties settled plaintiffs’ claim for attorney’s fees and non-taxable costs outside of court. As of October 21, 2014, the defendants still had not provided such a stipulation of dismissal. On that date, the Ninth Circuit Court of Appeals issued a mandate that the parties submit a stipulation to voluntarily dismiss this action in its entirety.

The plaintiffs filed a statement that included the settlement agreement on November 4, 2014 and the defendants submitted notice of agreement. The agreement states that the injunction provided by the court will remain permanently in effect, and the defendants agree to pay $675,000 for attorney's fees and costs.

The case is closed.

Summary Authors

Dan Dalton (10/26/2007)

Frances Hollander (4/2/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4132173/parties/we-are-americasomos-america-coalition-of-arizona-vmaricopa-county-board/

Judge(s)

Broomfield, Robert Cameron (Arizona)

Goodwin, Alfred Theodore (California)

Humetewa, Diane Joyce (Arizona)

Ikuta, Sandra Segal (California)

Kozinski, Alex (California)

Attorneys(s) for Plaintiff

Ballecer, Dan (Arizona)

Bustamante, Antonio (Arizona)

Clyde, H. Michael (Arizona)

Holguín, Carlos R. (California)

Schey, Peter A. (California)

Judge(s)

Broomfield, Robert Cameron (Arizona)

Goodwin, Alfred Theodore (California)

Humetewa, Diane Joyce (Arizona)

Ikuta, Sandra Segal (California)

Kozinski, Alex (California)

Attorneys(s) for Plaintiff

Ballecer, Dan (Arizona)

Bustamante, Antonio (Arizona)

Clyde, H. Michael (Arizona)

Holguín, Carlos R. (California)

Schey, Peter A. (California)

Velarde, Ray (Texas)

Attorneys(s) for Defendant

Casey, Timothy James (Arizona)

Longo, Anne Cecile (Arizona)

Tinsley, Laurence G (Arizona)

Wells, Sally Wolfgang (Arizona)

White, Bruce P. (Arizona)

Wilenchik, Dennis Ira (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 5, 2014 Docket
1

Complaint for Injunctive and Declaratory Relief

Nov. 21, 2006 Complaint

Press Statement - Maricopa County Immigrant Criminal Conspiracy Policy Subject To Federal Court Challenge

No Court

Nov. 22, 2006 Press Release
43

Order

2007 WL 2775134

Sept. 21, 2007 Order/Opinion
45

Amended Complaint for Declaratory and Injunctive Relief [Class Action]

Oct. 12, 2007 Complaint
55

Order

594 F.Supp.2d 1104

Jan. 12, 2009 Order/Opinion
137

Order

We Are America v. Maricopa County Board of Supervisors

297 F.R.D. 373

Sept. 27, 2013 Order/Opinion
137

Memorandum

U. S. Court of Appeals for the Ninth Circuit

386 Fed.Appx. 726, 2010 WL 2781879

Sept. 27, 2013 Order/Opinion
169

Plaintiffs' Statement and Notice of Filing of Settlement in Lieu of Stipulation of Dismissal

Nov. 4, 2014 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132173/we-are-americasomos-america-coalition-of-arizona-vmaricopa-county-board/

Last updated May 20, 2022, 1:28 a.m.

ECF Number Description Date Link
1

COMPLAINT, filed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu.(Clyde, Hal) (Entered: 11/21/2006)

Nov. 21, 2006 RECAP
2

Notice re of Claim of Unconstitutionality by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu (Clyde, Hal) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
3

Filing fee paid 11/22/06, receipt number PHX051169. This case has been assigned to the Honorable Robert C. Broomfield. All future pleadings or documents should bear the correct case number: CV06-2816-PHX-RCB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ESL) (Entered: 11/28/2006)

Nov. 21, 2006 PACER
4

Summons Issued as to Andrew Thomas, Joseph M Arpaio, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Attachments: # 1 Fulton# 2 Don# 3 Andrew# 4 Max# 5 Mary Rose# 6 Andrew Thomas# 7 Joseph)(ESL, ) (Entered: 11/28/2006)

1 Fulton

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2 Don

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3 Andrew

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4 Max

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5 Mary Rose

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6 Andrew Thomas

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7 Joseph

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Nov. 28, 2006 PACER
5

MOTION for Admission Pro Hac Vice as to attorney Carlos Holguin on behalf of plaintiffs Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, and Adriana Rodriguez Espiritu. (BAS, ) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
6

ORDER pursuant to General Order 05-25 granting 5 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
7

MOTION for Admission Pro Hac Vice as to attorney Peter A Schey pn behalf of plaintiffs Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, and Adriana Rodriguez Espiritu. (BAS, ) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
8

ORDER pursuant to General Order 05-25 granting 7 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
9

SUMMONS Returned Executed by We aRe America/Somos America Coalition of AZ. Joseph M Arpaio served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) Modified on 12/8/2006 DOCKET TEXT MODIFIED TO IDENTIFY CORRECT FILER, (LSP). (Entered: 12/07/2006)

Dec. 7, 2006 PACER
10

SUMMONS Returned Executed by We Are America/Somos America Coalition of ARizona. Fulton Brock served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
11

SUMMONS Returned Executed by We Are America/Somos America Coalition of ARizona. Andrew Kunasek served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
12

SUMMONS Returned Executed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Maricopa County Board of Super served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
13

SUMMONS Returned Executed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Don Stapley served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
14

SUMMONS Returned Executed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Mary Rose Wilcox served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
15

SUMMONS Returned Executed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Max W Wilson served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
16

SUMMONS Returned Executed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Andrew Thomas served on 11/28/2006, answer due 12/18/2006. (Clyde, Hal) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
17

NOTICE TO FILER OF DEFICIENCY re 9 Summons Returned Executed - Complaint/Habeas Petition Only filed by Joseph M Arpaio. Description of deficiency: Document reflects incorrect filer. (LSP) (Entered: 12/08/2006)

Dec. 8, 2006 PACER
18

MOTION for Admission Pro Hac Vice as to attorney Ray Velarde on behalf of plaintiffs Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, and Adriana Rodriguez Espiritu. (BAS, ) (Entered: 12/11/2006)

Dec. 8, 2006 PACER
19

ORDER pursuant to General Order 05-25 granting 18 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/11/2006)

Dec. 11, 2006 PACER
20

MOTION to Certify Class by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Clyde, Hal) (Entered: 12/13/2006)

Dec. 13, 2006 PACER
21

Memorandum in Support of Motion for Class Certification by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Attachments: # 1 Exhibit 1 - 5)(Clyde, Hal) Modified on 1/19/2007, INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Motion" TO "Memorandum", (LSP). (Entered: 12/13/2006)

1 Exhibit 1 - 5

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Dec. 13, 2006 PACER
22

DECLARATION re 20 MOTION to Certify Class Declaration of H. Michael Clyde in Support of Motion for Class Certification by Plaintiffs Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Clyde, Hal) (Entered: 12/13/2006)

Dec. 13, 2006 PACER
23

Notice re Notice of Lodging Amended Proposed Order Certifying Class Action by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu re 20 MOTION to Certify Class (Attachments: # 1 Text of Proposed Order Amended Proposed Order Certifying Class Action)(Clyde, Hal) (Entered: 12/14/2006)

1 Text of Proposed Order Amended Proposed Order Certifying Class Action

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Dec. 14, 2006 PACER
24

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Andrew Thomas, Joseph M Arpaio, Maricopa County Board of Super, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Casey, Timothy) (Entered: 12/18/2006)

Dec. 18, 2006 PACER
25

Lodged Proposed Order Extending Time for Defendants to Answer Complaint by Andrew Thomas, Joseph M Arpaio, Maricopa County Board of Super, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox re 24 Stipulation For Extension of Time To Answer Complaint (Casey, Timothy) Modified on 12/19/2006, INCORRECT EVENT SELCETED. THIS ENTRY HAS BEENMODIFIED FROM "Notice re" TO "Lodged Proposed", (LSP). (Entered: 12/18/2006)

Dec. 18, 2006 PACER
26

NOTICE TO FILER OF DEFICIENCY re 25 Other Notice, filed by Don Stapley, Joseph M Arpaio, Andrew Kunasek, Mary Rose Wilcox, Andrew Thomas, Fulton Brock, Maricopa County Board of Super, Max W Wilson. Description of deficiency: Incorrect document type selected. (LSP) (Entered: 12/19/2006)

Dec. 19, 2006 PACER
27

ORDER granting 24 Stipulation For Extension Of Time To Answer Complaint. Defendants shall have an extension until and including 1/18/2007 to answer, move and/or responsively plead to plaintiffs' Complaint. Signed by Judge Robert C Broomfield on 12/20/06.(RCB)(.pdf document is attached) (Entered: 12/22/2006)

Dec. 22, 2006 PACER
28

STIPULATION re 20 MOTION to Certify Class The Parties Stipulation to Extend Time for Defendants to Respond to Plaintiffs' Motion for Class Certification by Maricopa County Board of Super. (Attachments: # 1 Text of Proposed Order Order Extending Time for Defendants to Respond to Plaintiffs' Motion for Class Certification)(Casey, Timothy) (Entered: 01/03/2007)

1 Text of Proposed Order Order Extending Time for Defendants to Respond to Plainti

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Jan. 3, 2007 PACER
29

STIPULATION re 28 Stipulation, (Second Request) The Parties' Stipulation to Extend Time for Defendants to Respond to Plaintiffs' Motion for Class Certification by Maricopa County Board of Super. (Attachments: # 1 Text of Proposed Order Order Extending Time for Defendants to Respond to Paintiffs' Motion for Class Certification)(Casey, Timothy) (Entered: 01/09/2007)

1 Text of Proposed Order Order Extending Time for Defendants to Respond to Paintif

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Jan. 9, 2007 PACER
30

ORDER re 28 STIPULATION re 20 MOTION to Certify Class. The parties stipulate to extend time for defendants to respond to plaintiffs' Motion for Class Certification. Defendants shall have an extension of time to respond to plaintiffs' Motion for Class Certification until and including 1/9/07. Signed by Judge Robert C Broomfield on 1/8/07.(RCB)(.pdf document is attached) (Entered: 01/09/2007)

Jan. 9, 2007 PACER
31

RESPONSE in Opposition re 21 MOTION to Certify Class Memorandum in Support of Motion for Class Certification, 20 MOTION to Certify Class filed by Max W Wilson. (Wells, Sally) (Entered: 01/18/2007)

Jan. 18, 2007 PACER
32

First MOTION to Dismiss Case by Max W Wilson. (Wells, Sally) (Entered: 01/18/2007)

Jan. 18, 2007 PACER
33

ORDER granting 29 STIPULATION to Extend Time for Defendants to Respond to Plaintiffs' Motion for Class Certification. Defendants are granted an extension of time to respond to plaintiffs' Motion for Class Certification until and including 1/18/07. Signed by Judge Robert C Broomfield on 1/18/07.(RCB)(.pdf document is attached) (Entered: 01/19/2007)

Jan. 19, 2007 PACER
34

REPLY to Response to Motion re 21 MOTION to Certify Class Memorandum in Support of Motion for Class Certification, 20 MOTION to Certify Class Reply in Support of Plaintiffs' Motion for Class Certification filed by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Attachments: # 1 Exhibit Declaration of Carlos Holguin)(Clyde, Hal) (Entered: 01/29/2007)

1 Exhibit Declaration of Carlos Holguin

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Jan. 29, 2007 PACER
35

First MOTION for Extension of Time To Respond to Defendants' Motion to Dismiss by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Attachments: # 1 Text of Proposed Order (Proposed) Order Granting Extension on Time for Plaintiffs to Respond ot Defendants' Motion to Dismiss)(Clyde, H) (Entered: 02/26/2007)

1 Text of Proposed Order (Proposed) Order Granting Extension on Time for Plaintiff

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Feb. 26, 2007 PACER
36

ORDER granting 35 First Motion for Extension of Time To Respond to Defendants' Motion to Dismiss. Plaintiffs shall have an extension through and including 3/8/07 to respond to defendants' Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)6 of the Federal Rules of Civil Procedure. Signed by Judge Robert C Broomfield on 2/26/07. (RCB)(.pdf document is attached) (Entered: 02/27/2007)

Feb. 27, 2007 PACER
37

Second MOTION for Extension of Time PLAINTIFFS TO RESPOND TO DEFENDANTS MOTION TO DISMISS by We Are America/Somos America Coalition of ARizona. (Schey, Peter) (Entered: 03/08/2007)

March 8, 2007 PACER
38

RESPONSE in Opposition re 32 First MOTION to Dismiss Case filed by We Are America/Somos America Coalition of ARizona. (Schey, Peter) (Entered: 03/15/2007)

March 15, 2007 PACER
39

ORDERED granting 37 the Parties' Stipulation to Extend Time for Plaintiffs to Respond to Defendants' Motion to Dismiss. Plaintiffs shall have through and including 3/15/07 to respond. Signed by Judge Robert C Broomfield on 3/22/07. (RCB)(.pdf document is attached) (Entered: 03/23/2007)

March 23, 2007 PACER
40

REPLY to Response to Motion re 32 First MOTION to Dismiss Case filed by Andrew Thomas, Joseph M. Arpaio, Maricopa County Board of Super, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Wells, Sally) DOCUMENT IS UNSIGNED, ATTORNEY NOTICED TO REFILE. modified on 4/3/2007 (ESL, ). (Entered: 03/26/2007)

March 26, 2007 PACER
41

NOTICE TO FILER OF DEFICIENCY re 40 Reply to Response to Motion filed by Don Stapley, Joseph M. Arpaio, Andrew Kunasek, Mary Rose Wilcox, Andrew Thomas, Maricopa County Board of Super, Fulton Brock, Max W Wilson. Description of deficiency: Document does not contain a signature. (ESL) (Entered: 04/03/2007)

April 3, 2007 PACER
42

REPLY in Support re 32 First MOTION to Dismiss Case Corrected with /s/ filed by Andrew Thomas, Joseph M. Arpaio, Maricopa County Board of Super, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Wells, Sally) (Entered: 04/04/2007)

April 4, 2007 PACER
43

ORDER granting in part and denying in part 32 Dfts' Motion to Dismiss Case and denying 20 Plas' Motion to Certify Class. Signed by Judge Robert C Broomfield on 9/20/07.(LSP) (Entered: 09/21/2007)

Sept. 21, 2007 RECAP
44

SUPPLEMENT Plaintiffs' Supplemental Briefing on Field Preemption by Plaintiffs Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Clyde, H) (Entered: 10/09/2007)

Oct. 9, 2007 PACER
45

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all defendants, filed by We Are America/Somos America Coalition of ARizona.(Schey, Peter) (Entered: 10/12/2007)

Oct. 12, 2007 RECAP
46

MOTION for Scheduling of Preliminary Scheduling Conference by We Are America/Somos America Coalition of ARizona. (Attachments: # 1 Supplement Memorandum of Points and Authorities in Support of Motion for Preliminary Scheduling Conference)(Schey, Peter) Modified on 10/15/2007, INCORRECT MOTION TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Miscellaneous Relief" TO "Hearing or Conference", (LSP). (Entered: 10/12/2007)

1 Supplement Memorandum of Points and Authorities in Support of Motion for Prelimi

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Oct. 12, 2007 PACER
47

SUPPLEMENT of Defendants' Supplemental Brief Regarding the Absence of Field Preemption by Defendants Andrew Thomas, Joseph M. Arpaio, Maricopa County Supervisors, Board of, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Casey, Timothy) (Entered: 10/24/2007)

Oct. 24, 2007 PACER
48

ORDER. Defendants are ordered to advise the court within 15 days of the date hereof as to whether the filing of the amended complaint moots the issue pertaining to the second DeCanas test. Alternatively, defendants may elect to move with respect to the amended complaint. FURTHER ORDERED that any such defense motion shall be filed and served no later than 5:00 p.m. Monday, 11/26/07. Signed by Judge Robert C Broomfield on 11/9/07. (RCB)(.pdf document is attached) (Entered: 11/09/2007)

Nov. 9, 2007 PACER
49

RESPONSE re 48 Order, Defendants' Response Required by the Court's Order dated November 9, 2007 by Defendants Andrew Thomas, Joseph M. Arpaio, Maricopa County Supervisors, Board of, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Casey, Timothy) (Entered: 11/26/2007)

Nov. 26, 2007 PACER
50

Notice re Defendants' Notice of Supplemental Authority in Support of Their Motion to Dismiss and the Response Required by the Court's Order Dated November 9, 2007 by Andrew Thomas, Joseph M. Arpaio, Maricopa County Supervisors, Board of, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox re 49 Response, (Attachments: # 1 Exhibit)(Casey, Timothy) (Entered: 07/17/2008)

1 Exhibit

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July 17, 2008 PACER
51

ORDER that Pla's 46 Motion is granted in part, to the extent they are seeking a pre-trial conference, and denied in part, to the extent they are seeking "complex track" designation pursuant to LRCiv 16.2(b)(4); Pla shall file a supplemental brief within 15 days of the date of entry of this order addressing the impact, if any, of dfts' supplemental authority (doc. 50) upon the outstanding DeCanas issue. Signed by Judge Robert C Broomfield on 09/29/08. (ESL) (Entered: 10/03/2008)

Sept. 30, 2008 RECAP
52

SUPPLEMENT of Memorandum of Points and Authorities re: Preemption by Plaintiff We Are America/Somos America Coalition of ARizona. (Holguin, Carlos) (Entered: 10/14/2008)

Oct. 14, 2008 PACER
53

ORDERED that defendants file and serve, within 10 days from the date of entry of this Order, a response to plaintiffs' supplemental memorandum as more fully described in the attached Order. Signed by Judge Robert C Broomfield on 11/10/08. (RCB)(.pdf document is attached) (Entered: 11/10/2008)

Nov. 10, 2008 RECAP
54

RESPONSE to Order 53 and Supplement Defendants' Supplemental Authority in Support of Their Motion to Dismiss and the Response Required by the Court's Order Dated November 10. 2008 by Andrew Thomas, Joseph M. Arpaio, Maricopa County Supervisors, Board of, Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox. (Casey, Timothy) Modified on 11/21/2008 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM MOTION TO RESPONSE. (Entered: 11/20/2008)

Nov. 20, 2008 PACER
55

ORDER granting in its entirety dfts' 32 MOTION to Dismiss. Signed by Judge Robert C Broomfield on 1/12/2009. (LAD) (Entered: 01/13/2009)

Jan. 13, 2009 RECAP
56

CLERK'S JUDGMENT: IT IS THEREFORE ORDERED AND ADJUDGED that the Court having granted Defendants' Motion to Dismiss in its entirety, this action is hereby dismissed. (LAD) (Entered: 01/13/2009)

Jan. 13, 2009 PACER
57

NOTICE OF APPEAL to 9th Circuit, as to 56 Judgment and 55 Order by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. Filing fee received: $ 455.00, receipt number 09700000000002559154. (Attachments: # 1 Representation Statement)(Holguin, Carlos) Modified on 2/9/2009 TO ADD DOCUMENT LINKAGE (KMG). (Entered: 02/06/2009)

1 Representation Statement

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Feb. 6, 2009 PACER
58

APPEAL PROCESSED to Ninth Circuit re: 57 Notice of Appeal,, filed by League of United Latin American Citizens Arizona, Friendly House, Steve Gallardo, Cecilia Menjivar, David Lujan, Juan Manuel Cortez Cuellar, Raul Vixtha Bomaye, LaDawn Haglund, Hugo Enrique Sanchez Diego, Adriana Rodriguez Espiritu, Rosa Flor Diaz Godines, Arizona Hispanic Community Forum, Javier Romero Encino, We Are America/Somos America Coalition of ARizona, Krysten Sinema. Filed dates for: Notice of Appeal *2/6/2009*, *Complaint* *11/21/2006*, Appealed Order *1/13/09*, Appealed Judgment *1/13/09*.** Fee Status: *Paid on 2/6/2009 in the amount of $455.00*. Hearing Dates of *NONE***********. Appellant Attorney: *Carlos Holguin* *(ret)* *crholguin@centerforhumanrights.org*. Appellee Attorney: *Timothy James Casey* *(ret)* *timcasey@azbarristers.com***. Copies sent to all parties and 9th Circuit. (Attachments: # 1 Certificate of Record) (KMG) (Entered: 02/09/2009)

1 Certificate of Record

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Feb. 9, 2009 PACER
59

TRANSCRIPT DESIGNATION AND ORDER FORM by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu re 57 Notice of Appeal,, 58 Appeal Processed to USCA,,, (Holguin, Carlos) (Entered: 02/12/2009)

Feb. 12, 2009 PACER
60

Ninth Circuit Case Number 09-15281 for 57 Notice of Appeal. (REW, ) (Entered: 02/17/2009)

Feb. 17, 2009 PACER
61

AMENDED NOTICE OF APPEAL to 9th Circuit as to 43 ORDER, 55 ORDER 56 Clerk's Judgment by Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Krysten Sinema, Steve Gallardo, David Lujan, Cecilia Menjivar, LaDawn Haglund, We Are America/Somos America Coalition of ARizona, Arizona Hispanic Community Forum, League of United Latin American Citizens Arizona, Friendly House, Raul Vixtha Bomaye, Javier Romero Encino, Rosa Flor Diaz Godines, Adriana Rodriguez Espiritu. (Holguin, Carlos) Modified on 3/13/2009 TO ADD DOCUMENT LINKAGE TO 43, and 55 (DMT, ). (Entered: 03/12/2009)

March 12, 2009 PACER
62

APPEAL PROCESSED to Ninth Circuit re: 57 Amended Notice of Appeal,, filed by League of United Latin American Citizens Arizona, Friendly House, Steve Gallardo, Cecilia Menjivar, David Lujan, Juan Manuel Cortez Cuellar, Raul Vixtha Bomaye, LaDawn Haglund, Hugo Enrique Sanchez Diego, Adriana Rodriguez Espiritu, Rosa Flor Diaz Godines, Arizona Hispanic Community Forum, Javier Romero Encino, We Are America/Somos America Coalition of ARizona, Krysten Sinema. Filed dates for: Notice of Appeal *3/12/2009*, *Complaint* *11/21/2006*, Appealed Order *9/21/07, 1/13/09*, Appealed Judgment *1/13/09*. Court Reporter *None* Fee Status: *Paid on 2/6/2009 in the amount of $455.00*.************. Appellant Attorney: *Carlos Holguin* *(retained)* *crholguin@centerforhumanrights.org*. Appellee Attorney: *Dennis Ira Wilenchik* *(retained)* *diw@wb-law.com***. Copies sent to all parties and 9th Circuit. (Attachments: # 1 Certificate of Record) (DMT, ) (Entered: 03/13/2009)

1 Certificate of Record

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March 13, 2009 PACER
63

ORDER of 9th Circuit: The parties are ordered to file supplemental briefs addressing certain questions. Defendants-appellees' brief shall be filed no later than 30 days from the filing of this order. Plaintiffs-appellants' brief shall be filed within 21 days thereafter. Defendants-appellees may file a reply brief within 14 days after the filing of plaintiffs-appellants' brief. Principal briefs may not exceed 10,000 words, and the optional reply brief may not exceed 5,000 words, appeal case number 09-15281, as to 57 Notice of Appeal and 61 Notice of Appeal - Amended. (DTN) (Entered: 02/18/2010)

Feb. 18, 2010 PACER
64

MOTION to Substitute Attorney: for substitution of Bruce P. White, Anne C. Longo in place of Sally Wolfgang Wells, Timothy J. Casey, Dennis I. Wilenchik by Andrew Thomas. (Attachments: # 1 Text of Proposed Order)(White, Bruce) (Entered: 07/20/2010)

1 Text of Proposed Order

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July 20, 2010 PACER
65

ORDER granting 64 Motion to Substitute Attorney. IT IS ORDERED pursuant to Local Rule 83.3 of the Federal Rules of CivilProcedure the Court grants Defendant Richard M. Romley's Motion for Substitution of Counsel. Bruce P. White and Anne C. Longo, Deputy County Attorneys, may be substituted in place and stead of the Deputy County Attorney Sally Wolfgang Wells, and Timothy J. Casey (Schmidt, Schneck, Smyth & Herrod, P.C.) and Dennis I. Wilenchik (Wilenchik & Bartness, P.C.) as attorneys for Defendant Richard M. Romley, Maricopa County Attorney, in the above-captioned action. Signed by Judge Robert C Broomfield on 7/25/10.(LAD) (Entered: 07/27/2010)

July 27, 2010 PACER
66

MANDATE of USCA (certified copy), affirming in part, reversing in part and remanding back to the District Court; on remand, the District court must still determine whether the organizational and taxpayer plaintiffs have standing to pursue their claims, re: 09-15821 57, 61 Notices of Appeal (Attachments: # 1 Memorandum, # 2 NDA)(REW) (Entered: 08/05/2010)

1 Memorandum

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2 NDA

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Aug. 5, 2010 PACER
67

ORDERED that any motions directed to the standing issue shall be filed no later than 11/8/10. Responsive memoranda, if any, as well as reply memoranda, if any, shall be filed and served and in all ways comply with the Rules of Practice of the United States District Court for the District Court of Arizona. Signed by Judge Robert C Broomfield on 8/19/10. (RCB)(.pdf document is attached) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
68

MOTION to Dismiss Case by Joseph M Arpaio, Andrew Kunasek, Maricopa County Board of Supervisors, Don Stapley, Andrew Thomas, Mary Rose Wilcox, Max W Wilson. (Attachments: # 1 Text of Proposed Order)(Casey, Timothy). Added MOTION to Dismiss for Lack of Jurisdiction on 11/9/2010 (LAD). (Entered: 11/08/2010)

1 Text of Proposed Order

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Nov. 8, 2010 PACER
69

RESPONSE to Motion re 68 MOTION to Dismiss Case MOTION to Dismiss for Lack of Jurisdiction, RESPONSE in Opposition re 68 MOTION to Dismiss Case MOTION to Dismiss for Lack of Jurisdiction filed by Arizona Hispanic Community Forum, Raul Vixtha Bomaye, Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Javier Romero Encino, Adriana Rodriguez Espiritu, Friendly House, Steve Gallardo, Rosa Flor Diaz Godines, LaDawn Haglund, League of United Latin American Citizens Arizona, David Lujan, Cecilia Menjivar, Krysten Sinema, We Are America/Somos America Coalition of Arizona. (Holguin, Carlos) (Entered: 11/22/2010)

Nov. 22, 2010 PACER
70

NOTICE re of Name Change and Substitution of Maricopa County Attorney by Richard Romley. (White, Bruce) (Entered: 12/16/2010)

Dec. 16, 2010 PACER
71

ORDER - Based upon the foregoing, the court hereby ORDERS that no later than twenty (20) days from the date hereof the defendants shall file and serve a supplemental brief on the issue of whether this action has become moot. Additionally, within that same time frame defendant Montgomery shall advise the court as to whether or not he is joining in The Maricopa County Defendants' Motion to Dismiss the Claims of the Organizational and Taxpayer Plaintiffs (Doc. 68). IT IS FURTHER ORDERED that a responsive memoranda, if any, as well as a reply memoranda, if any, shall be filed and served and inall ways comply with the Rules of Practice of the United States District Court for the District of Arizona. Signed by Judge Robert C Broomfield on 4/11/11. (LAD) (Entered: 04/11/2011)

April 11, 2011 RECAP
72

Joinder re 68 MOTION to Dismiss Case MOTION to Dismiss for Lack of Jurisdiction by William G Montgomery. (White, Bruce) Modified on 4/20/2011 (LAD). * Incorrect event selected. Docket text modified from Motion to Joinder. (Entered: 04/20/2011)

April 20, 2011 PACER
73

SUPPLEMENT of Brief RE: Mootness by Defendant William G Montgomery. (Longo, Anne) (Entered: 04/28/2011)

April 28, 2011 PACER
74

SUPPLEMENT of Brief re Mootness by Defendants Joseph M Arpaio, Fulton Brock, Andrew Kunasek, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson. (Casey, Timothy) (Entered: 04/28/2011)

April 28, 2011 PACER
75

RESPONSE re 71 Order,,, re mootness by Plaintiffs Arizona Hispanic Community Forum, Friendly House, Steve Gallardo, LaDawn Haglund, League of United Latin American Citizens Arizona, David Lujan, Cecilia Menjivar, Krysten Sinema, We Are America/Somos America Coalition of Arizona. (Holguin, Carlos) (Entered: 05/02/2011)

May 2, 2011 PACER
76

ORDER that the motion by defendants 68, in which Maricopa County Attorney, William G. Montgomery, joins 72, to dismiss the claims of the plaintiffs We Are America/Somos America Coalition of Arizona; Arizona Hispanic Community Forum; Friendly House; Kyrsten Sinema; Steve Lujan; Cecilia Menjivar; an LaDawn Haglund is denied; but defendants' motion to dismiss 68, in which Maricopa County Attorney, William G. Montgomery, joins 72 is granted as to plaintiffs League of United Latin American Citizens ("LULAC") and Steve Gallardo. Signed by Judge Robert C Broomfield on 8/17/11.(TLJ) (Entered: 08/18/2011)

Aug. 18, 2011 RECAP
77

ANSWER to 45 Amended Complaint by Joseph M Arpaio.(Casey, Timothy) (Entered: 08/23/2011)

Aug. 23, 2011 PACER
78

ANSWER to 45 Amended Complaint by Andrew W Kunasek, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson.(Casey, Timothy) (Entered: 08/23/2011)

Aug. 23, 2011 PACER
79

MOTION for Hearing or Conference re: Rule 16 Scheduling Conference by Joseph M Arpaio, Fulton Brock, Andrew W Kunasek, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson. (Attachments: # 1 Text of Proposed Order)(Casey, Timothy) (Entered: 08/23/2011)

1 Text of Proposed Order

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Aug. 23, 2011 PACER
80

NOTICE re Notice of Service of Defendant Maricopa County Board of Supervisors' First Set of Discovery to Plaintiffs by Fulton Brock, Andrew W Kunasek, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson. (Casey, Timothy) (Entered: 08/23/2011)

Aug. 23, 2011 PACER
81

NOTICE re Notice of Service of Defendant Joseph M. Arpaio's First Set of Discovery to Plaintiffs by Joseph M Arpaio. (Casey, Timothy) (Entered: 08/23/2011)

Aug. 23, 2011 PACER
82

NOTICE of Appearance by Laurence G Tinsley, Jr on behalf of William G Montgomery (Tinsley, Laurence) (Entered: 09/01/2011)

Sept. 1, 2011 PACER
83

ANSWER to 45 Amended Complaint ANSWER OF DEFENDANT BILL MONTGOMERY TO PLAINTIFFS AMENDED COMPLAINT by William G Montgomery.(Tinsley, Laurence) (Entered: 09/01/2011)

Sept. 1, 2011 PACER
84

ORDER SETTINT RULE 16 SCHEDULING CONFERENCE granting 79 Motion for Hearing. Scheduling Conference set for 10/17/2011 at 10:30 AM before Judge Robert C Broomfield. (See document for further details). Signed by Judge Robert C Broomfield on 9/19/11.(LAD) (Entered: 09/19/2011)

Sept. 19, 2011 RECAP
85

REPORT of Rule 26(f) Planning Meeting by Arizona Hispanic Community Forum, Joseph M Arpaio, Raul Vixtha Bomaye, Fulton Brock, Juan Manuel Cortez Cuellar, Hugo Enrique Sanchez Diego, Javier Romero Encino, Adriana Rodriguez Espiritu, Friendly House, Rosa Flor Diaz Godines, LaDawn Haglund, Andrew W Kunasek, David Lujan, Maricopa County Board of Supervisors, Cecilia Menjivar, William G Montgomery, Richard Romley, Krysten Sinema, Don Stapley, We Are America/Somos America Coalition of Arizona, Mary Rose Wilcox, Max W Wilson. (Holguin, Carlos) (Entered: 10/07/2011)

Oct. 7, 2011 PACER
86

MOTION to Substitute Attorney DFENDANT WILLIAM MONTGOMERYS APPLICATION FOR SUBSTITUTION OF COUNSEL AND CLIENT CONSENT by William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Tinsley, Laurence) (Entered: 10/12/2011)

1 Text of Proposed Order

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Oct. 12, 2011 PACER
87

AMENDED MOTION to Substitute Attorney DFENDANT WILLIAM MONTGOMERYS AMENDED APPLICATION FOR SUBSTITUTION OF COUNSEL AND CLIENT CONSENT by William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Tinsley, Laurence) (Entered: 10/13/2011)

1 Text of Proposed Order

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Oct. 13, 2011 PACER
88

NOTICE re of service of supplemental discovery by Arizona Hispanic Community Forum, Friendly House, Steve Gallardo, Rosa Flor Diaz Godines, LaDawn Haglund, David Lujan, Cecilia Menjivar, Krysten Sinema, We Are America/Somos America Coalition of Arizona . (Holguin, Carlos) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
89

Minute Entry. Proceedings held before Judge Robert C Broomfield. Appearances: Carlos Holguin for the plaintiffs. Timothy Casey for defendants. Scheduling Conference held on 10/17/2011. The Court and counsel discuss the proposed deadlines. Order to follow. The Court grants Amended Motion to Substitute Attorney at doc. 87. Order to follow.(ECRO Vicki Reger.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (VAR) (Entered: 10/18/2011)

Oct. 17, 2011 PACER
90

ORDER granting 87 Motion to Substitute Attorney. Attorney Timothy J. Casey of the law firm of Schmitt Schneck Smyth Casey & Even, P.C. shall be substituted in place of Deputy County Attorneys Laurence G. Tinsley, Jr., Bruce White and Anne Longo, Civil Services Division, Office of the Maricopa County Attorney as counsel for Defendant Maricopa County Attorney William Montgomery. Signed by Judge Robert C Broomfield on 10/17/11.(DMT) (Entered: 10/18/2011)

Oct. 18, 2011 PACER
91

RULE 16 SCHEDULING ORDER: Discovery due by 9/15/2012. Dispositive motions due by 10/1/2012. Proposed Pretrial Order due by 10/15/2012. Pretrial Conference set for 2/4/2013 at 10:30 AM before Judge Robert C Broomfield. Signed by Judge Robert C Broomfield on 10/21/11. (TLJ) (Entered: 10/21/2011)

Oct. 21, 2011 RECAP
92

STIPULATION to Extend Time for Parties to Respond to Discovery by Joseph M Arpaio, Fulton Brock, Andrew W Kunasek, Maricopa County Board of Supervisors, William G Montgomery, Don Stapley, We Are America/Somos America Coalition of Arizona, Mary Rose Wilcox, Max W Wilson. (Attachments: # 1 Text of Proposed Order)(Casey, Timothy) (Entered: 11/14/2011)

1 Text of Proposed Order

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Nov. 14, 2011 PACER
93

ORDER pursuant to 92 Stipulation: IT IS HEREBY ORDERED granting an extension of time for the parties to respond to discovery requests until and including December 16, 2011. Signed by Judge Robert C Broomfield on 11/16/11. (LAD) (Entered: 11/16/2011)

Nov. 16, 2011 PACER
94

NOTICE re Notice of Service of Defendants' Initial Disclosure Statement by Joseph M Arpaio, Fulton Brock, Andrew W Kunasek, Maricopa County Board of Supervisors, William G Montgomery, Don Stapley, Mary Rose Wilcox, Max W Wilson . (Casey, Timothy) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
95

NOTICE re initial disclosure by Arizona Hispanic Community Forum, Friendly House, Steve Gallardo, LaDawn Haglund, David Lujan, Cecilia Menjivar, Krysten Sinema, We Are America/Somos America Coalition of Arizona re 91 Scheduling Order, . (Holguin, Carlos) (Entered: 11/23/2011)

Nov. 23, 2011 PACER
96

NOTICE re Notice of Service of Defendants' Responses to Plaintiffs' First Request for Admission, Production of Documents and Interrogatories by Joseph M Arpaio, Fulton Brock, Andrew W Kunasek, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson . (Casey, Timothy) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
97

NOTICE re Notice of Service of Defendants' Responses to Plaintiffs' Supplemental Request for Admissions, Production of Documents and Interrogatories by Joseph M Arpaio, Fulton Brock, Maricopa County Board of Supervisors, Don Stapley, Mary Rose Wilcox, Max W Wilson . (Casey, Timothy) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
98

NOTICE re Notice of Service of Defendant Montgomery's Responses to Plaintiffs' First Set of Discovery and Plaintiffs' Supplemental Request for Admissions, Production of Documents and Interrogatories by William G Montgomery . (Casey, Timothy) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
99

NOTICE re of Service of Response to Request for Production of Documents by Arizona Hispanic Community Forum re 81 Notice (Other) . (Holguin, Carlos) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
100

NOTICE re Service of Response to Interrogatories by Arizona Hispanic Community Forum re 81 Notice (Other) . (Holguin, Carlos) (Entered: 01/09/2012)

Jan. 9, 2012 PACER

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 21, 2006

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who pay taxes to Maricopa County and object to the use of county tax revenues to stop, detain, arrest, incarcerate, prosecute, or penalize individuals for conspiring to transport themselves, and themselves only, in violation of Ariz. Rev. State § 13-2319.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Maricopa County Board of Supervisors (Maricopa), County

Maricopa County Sheriff (Maricopa), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $675,000

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation