Case: Torres v. Goddard

2:06-cv-02482 | U.S. District Court for the District of Arizona

Filed Date: Oct. 18, 2006

Closed Date: July 17, 2018

Clearinghouse coding complete

Case Summary

This case is one of a pair of lawsuits filed against the Arizona Attorney General to challenge his practice of seizing money wire transferred to Mexico through Western Union. In an attempt to curtail the smuggling of undocumented immigrants by trafficking organizations (known as "coyotes") from Mexico to Arizona, the Arizona Attorney General had obtained warrants and seized millions of dollars of money that was wire transferred to Mexico. The Attorney General focused on amounts over $500, which…

This case is one of a pair of lawsuits filed against the Arizona Attorney General to challenge his practice of seizing money wire transferred to Mexico through Western Union. In an attempt to curtail the smuggling of undocumented immigrants by trafficking organizations (known as "coyotes") from Mexico to Arizona, the Arizona Attorney General had obtained warrants and seized millions of dollars of money that was wire transferred to Mexico. The Attorney General focused on amounts over $500, which were believed to have been sent as payments to Mexican smugglers who had transported people or drugs into Arizona.

On October 18, 2006, three individuals who claimed they had transferred money through Western Union for legitimate purposes but had their money seized by authorities brought this putative class-action lawsuit in the U.S. District Court for the District of Arizona. They brought the complaint under 42 U.S.C. § 1983, alleging that the seizures violated their rights secured by the Fourth and Fourteenth Amendments and the Commerce Clause of the United States Constitution. They sought declaratory and injunctive relief, as well as money damages. The case was assigned to Judge Stephen M. McNamee.

Plaintiffs' complaint was subsequently amended twice, but the substantive claims remained the same.

Subsequently, plaintiffs filed a Motion for Class Certification. On March 31, 2010, the court denied plaintiffs' motion for class certification, Torres v. Goddard, No. CV 06-2482-PHX-SMM, 2010 WL 3023272 (D. Ariz. July 30, 2010), and the Court of Appeals for the Ninth Circuit then denied plaintiffs' permission to immediately appeal the court's ruling.

Plaintiffs filed a motion for summary judgment and defendants' filed a cross-motion for summary judgment. On September 4, 2012, the court granted defendants' motion, finding that defendants were entitled to absolute immunity. Torres v. Horne, No. CV-06-2482-PHX-SMM, 2012 WL 3818974 (D. Ariz. Sept. 4, 2012). The case was therefore dismissed.

Plaintiffs then appealed to the Court of Appeals for the Ninth Circuit [Docket Number: 12-17096]. On July 15, 2016, the panel affirmed in part and reversed in part the district court’s summary judgment. The panel was made up of Judge Stephen Reinhardt, Judge Alex Kozinski, and Judge Jay S. Bybee. The Ninth Circuit found that, although defendants did have qualified immunity in regard to some actions, they did not have absolute immunity over all of their actions. The case was remanded back to the district court. Torres v. Goddard, 793 F.3d 1046 (9th Cir. 2015)

On July 1, 2016, the district court ruled in favor of defendants again, holding that defendants had qualified immunity for the acts for which they did not have absolute immunity, and dismissed the case. Torres v. Goddard, 194 F. Supp. 3d 886 (D. Ariz. 2016). Plaintiffs once more appealed the case to the Court of Appeals for the Ninth Circuit.

On June 25, 2018, the Ninth Circuit affirmed the district court’s opinion. Due to Judge Reinhardt’s death and Judge Kozinski’s retirement, the panel was made up of Judge Jacqueline Nguyen, Judge John Owens, and Judge Jay S. Bybee. Torres v. Goddard, No. 16-16315, 2018 WL 3099433 (9th Cir. June 25, 2018). This opinion was filed with the District Court on July 17, 2018, and the case closed without appeal.

Summary Authors

Dan Dalton (9/17/2007)

Jennifer Bronson (11/27/2013)

Rebecca Strauss (7/18/2018)

Related Cases

Western Union Financial Services, Inc. v. Goddard, District of Arizona (2006)

In the Matter of: Monies Described in Appendix One to the Supporting Affidavit, Arizona state trial court (2006)

State ex rel. Goddard v. Western Union Financial Services, Inc., Arizona state trial court (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4679788/parties/torres-v-horne/


Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

Bass Ehler, Karyn L. (Illinois)

Berger-White, Juliet (Illinois)

Cabou, Jean-Jacques (Arizona)

Eckstein, Timothy Joel (Arizona)

Karsh, Joshua (Illinois)

Montgomery, Alex R. (Illinois)

O'Brien, Patrick M. (Illinois)

Piers, Matthew J. (Illinois)

Rowland, Mary Margaret (Illinois)

Judge(s)

McNamee, Stephen M. (Arizona)

Attorneys(s) for Plaintiff

Bass Ehler, Karyn L. (Illinois)

Berger-White, Juliet (Illinois)

Cabou, Jean-Jacques (Arizona)

Eckstein, Timothy Joel (Arizona)

Karsh, Joshua (Illinois)

Montgomery, Alex R. (Illinois)

O'Brien, Patrick M. (Illinois)

Piers, Matthew J. (Illinois)

Rowland, Mary Margaret (Illinois)

Wilmes, Christopher J. (Illinois)

Attorneys(s) for Defendant

Correa, Paul (Arizona)

Goddard, Terry (Arizona)

Goodwin, Michael King (Arizona)

Hinson, Michael H. (Arizona)

Richards, William August (Arizona)

Weinzweig, David Daniel (Arizona)

Documents in the Clearinghouse

Document

2:06-cv-02482

Docket [PACER]

Torres v. Horne

July 17, 2018

July 17, 2018

Docket
1

2:06-cv-02482

Complaint

Oct. 18, 2006

Oct. 18, 2006

Complaint
32

2:06-cv-02482

Order

Jan. 10, 2007

Jan. 10, 2007

Order/Opinion
53

2:06-cv-02482

Order

July 12, 2007

July 12, 2007

Order/Opinion
141

2:06-cv-02482

Second Amended Complaint

Sept. 8, 2008

Sept. 8, 2008

Complaint
183

2:06-cv-02482

Memorandum of Decision and Order (Denying Plantiffs' Motion for Class Certification)

March 30, 2010

March 30, 2010

Order/Opinion
261

2:06-cv-02482

Memorandum of Decision and Order (Granting Defendants' Cross-Motion for Summary Judgment and Denying Plaintiffs Motion for Summary Judgment)

Torres v. Horne

Sept. 4, 2012

Sept. 4, 2012

Order/Opinion
56

2:06-cv-02482

12-17096

Opinion

U. S. Court of Appeals for the Ninth Circuit

Aug. 10, 2015

Aug. 10, 2015

Order/Opinion
284

2:06-cv-02482

Memorandum of Decision and Order

June 29, 2016

June 29, 2016

Order/Opinion
47-1

2:06-cv-02482

16-16315

Memorandum

U. S. Court of Appeals for the Ninth Circuit

June 25, 2018

June 25, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4679788/torres-v-horne/

Last updated Jan. 18, 2023, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Civil Cover Sheet)(Eckstein, Timothy) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

3

Filing fee paid 10/18/06, receipt number PHX049518. This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CV06-2482-PHX- MEA. Magistrate Election form attached. (Attachments: # 1 Instructions) (ESL) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

4

Summons Issued as to Terry Goddard, Cameron Holmes. (Attachments: # 1 Holmes)(PEM) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

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: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

7

MOTION for Admission Pro Hac Vice as to attorney Mary M Rowland on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

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: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

9

MOTION for Admission Pro Hac Vice as to attorney Alex R Montgomery on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

10

ORDER pursuant to General Order 05-25 granting 9 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: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

11

MOTION for Admission Pro Hac Vice as to attorney Patrick M O'Brien on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

12

ORDER pursuant to General Order 05-25 granting 11 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: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

14

NOTICE of Appearance by Michael H Hinson on behalf of all defendants (Hinson, Michael) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

15

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT - TO FILE RESPONSIVE PLEADING by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order Extending Time to File Responsive Pleading)(Hinson, Michael) Modified on 11/7/2006 (DNH, ). INCORRECT PDF ATTACHED, ATTORNEY NOTICED TO REFILE. (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

19

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 11/14/2006)

Nov. 6, 2006

Nov. 6, 2006

16

NOTICE TO FILER OF DEFICIENCY re 15 Stipulation For Extension of Time To Answer Complaint filed by Cameron Holmes,, Terry Goddard,. Description of deficiency: Incorrect PDF attached - duplicated Proposed Order attached. (DNH) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

17

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT - File Responsive Pleading by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order Extending Time to File Responsive Pleading)(Hinson, Michael) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

18

ORDER that dfts shall each execute and file within 20 days of the entry of this order their written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Judge Mark E Aspey on 11/8/06. (TLJ) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

21

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 11/14/2006)

Nov. 9, 2006

Nov. 9, 2006

20

MINUTE ORDER Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned to by random draw to Judge Paul G. Rosenblatt. All further pleadings should now list the following COMPLETE case number: CIV-06-2482-PHX-PGR. (MAP) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

23

Notice re Notice of Filing Motion to Transfer Case by Javier Torres, Alma Santiago, Lia Rivadeneyra (Attachments: # 1 Exhibit Motion to Transfer# 2 Exhibit Exhibit A to Motion# 3 Exhibit B to the Motion# 4 Exhibit C to the Motion)(Rowland, Mary) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

24

MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

25

MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order for Open Extension of Time to Respond to Allegations of Plaintiffs' Complaint Not Addressed By Defendants' Rule 12(b)(6) Motion to Dismiss)(Hinson, Michael) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

26

ORDERED granting 25 & 26 Defendants' Motion to Transfer Related Case and Plaintiffs' Motion to Transfer Related Case. ORDERED that the Clerk of Court shall provide a copy of this Order to counsel of record in each of the following cases: CV 06-2249-PHX-SMM and CV 06-2482-PHX-PGR. ORDERED that the Clerk of Court shall provide a copy of this Order to United States District Judge Paul G. Rosenblatt. Judge Stephen M McNamee added. Judge Paul G Rosenblatt no longer assigned to case. Signed by Judge Stephen M McNamee on 11/29/06. (TLJ) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

27

RESPONSE in Opposition re 25 MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

28

RESPONSE in Opposition re 24 MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted Plaintiffs' Response in Opposition to Defendants Terry Goddard and Cameron Holmes' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claim for Monetary Relief filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A)(Piers, Matthew) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

30

REPLY in Support re 25 MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

31

ORDER granting re 29 Stipulation and the defendants shall have through 1/10/07 to file their reply memorandum. Signed by Judge Stephen M McNamee on 12/20/06. (TLJ)

Dec. 20, 2006

Dec. 20, 2006

RECAP
32

ORDERED granting 25 Defendant's Motion for Extension of Time. ORDERED that Defendants shall file an answer to the entire Complaint within 10 days after notice of the Court's ruling on Defendant's Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims for Monetary Relief 24 . Signed by Judge Stephen M McNamee on 1/10/07.(TLJ)

Jan. 10, 2007

Jan. 10, 2007

RECAP
33

REPLY in Support re 24 MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

34

OTHER NOTICE re: Notice of State Court's Order in SW2006-002213 by Plaintiffs Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A)(Piers, Matthew) Modified on 1/24/2007 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM SUPPLEMENT TO OTHER NOTICE. (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

35

NOTICE TO FILER OF DEFICIENCY re 34 Supplement filed by Alma Santiago, Lia Rivadeneyra, Javier Torres. Description of deficiency: Incorrect document type selected. (TLJ) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

36

OBJECTION re 34 Supplement, and Motion to Strike Plaintiffs' Notice of State Court's Order in SW 2006-002213 by Defendants Terry Goddard, Cameron Holmes. (Richards, William) (Entered: 02/09/2007) before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 4/30/2007. IT IS FURTHER ORDERED that the Clerk of the Court send copies of this Order to all counsel of record and to all parties, if any, appearing in propria persona. (TCA, ) (Entered: 04/30/2007)

Feb. 9, 2007

Feb. 9, 2007

38

MOTION for Admission Pro Hac Vice as to attorney Julliet Berger- White on behalf of Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

39

ORDER pursuant to General Order 05-25 granting 38 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: 05/02/2007)

May 2, 2007

May 2, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX057438 as to Juliet Berger-White. (BAS, ) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

40

MOTION TO WITHDRAW AS ATTORNEY re PLAINTIFFS' MOTION TO WITHDRAW APPEARANCE OF PATRICK M. O'BRIEN AND ALEX R. MONTGOMERY by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) Modified on 5/8/2007 (TLJ). INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM MOTION TO WITHDRAW TO MOTION TO WITHDRAW AS ATTORNEY. (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

41

NOTICE TO FILER OF DEFICIENCY re 40 MOTION to Withdraw re PLAINTIFFS' MOTION TO WITHDRAW APPEARANCE OF PATRICK M. O'BRIEN AND ALEX R. MONTGOMERY filed by Alma Santiago, Lia Rivadeneyra, Javier Torres. Description of deficiency: Incorrect event type selected. (TLJ) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

42

ORDER granting 40 Plaintiffs' Motion to Withdraw Appearance of Patrick M. O'Brien and Alex R. MontgomerySigned by Judge Stephen M McNamee on 5/9/07.(TLJ)

May 9, 2007

May 9, 2007

RECAP
43

OBJECTION re 37 Order, Set Hearings,, Objection to Setting of Rule 16(b) Comprehensive Scheduling Conference/Request to Vacate Order Requiring Joint Case Management Plan by Defendants Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

45

IT IS ORDERED granting Defendants' 43 Objection and 44 Motion to Vacate. IT IS FURTHER ORDERED that the Preliminary Pretrial Conference set for 5/30/07 will now be treated as a Status Hearing. IT IS FURTHER ORDERED granting out-of-state counsel the option to appear by telephone at the 5/30/07 Status Hearing. Signed by Judge Stephen M McNamee on 5/14/07.(TLJ)

May 15, 2007

May 15, 2007

RECAP
46

Minute Entry. Proceedings held before Judge Stephen M McNamee : Apr. Matthew Piers/Jean-Jacques Cabou for plas, William Richards/Michael Goodwin for dftsStatus Conference held on 5/30/2007 re: pending motion to dismiss. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

47

FIRST AMENDED COMPLAINT against Defendants Terry Goddard and Cameron Holmes; Jury Demand, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) Modified on 6/22/2007 (MAP). (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

48

TRANSCRIPT DESIGNATION AND ORDER FORM by Javier Torres, Alma Santiago, Lia Rivadeneyra for Status Hearing proceedings held on 5/30/07 before Judge Stephen M McNamee. (BAS, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

49

TRANSCRIPT of Status Hearing Proceedings held on 5/30/07 before Judge Stephen M McNamee. Court Reporter: Gary Moll. (BAS, ) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

50

TRANSCRIPT DESIGNATION AND ORDER FORM by Terry Goddard, Cameron Holmes for status hearing proceedings held on 5/30/07 before Judge Stephen M McNamee. (BAS, ) (Entered: 06/08/2007)

June 5, 2007

June 5, 2007

51

ANSWER to Amended Complaint 47 with Jury Demand by Terry Goddard, Cameron Holmes. (Hinson, Michael) Modified on 6/22/2007 to correct docket link (MAP). (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

52

ORDER Scheduling Conference set for 9/26/2007 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 7/10/2007. (TCA, ) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

53

ORDER denying 24 Defendants' Motion to Dismiss Plaintiffs' Claims for Monetary Relief. Signed by Judge Stephen M McNamee on 7/12/07.(TLJ, )

July 12, 2007

July 12, 2007

RECAP
54

MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

55

STIPULATION re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Granting Stipulation)(Richards, William) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

56

IT IS ORDERED granting the parties' Stipulated Motion to Extend Defendants' Deadline to Respond to Plaintiffs' Motion to Strike Certain of Defendants' Affirmative Defenses 55 . IT IS FURTHER ORDERED that Defendants shall have through 8/10/07, to file a response. Signed by Judge Stephen M McNamee on 7/23/07. (TLJ)

July 24, 2007

July 24, 2007

RECAP
57

RESPONSE to Motion re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

58

REPLY in Support re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Berger-White, Juliet) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

59

MOTION for Joint Request That the Named Parties Be Excused From Appearing at the Preliminary Pretrial Conference by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Excusing Named Parties From Appearing at the Preliminary Pretrial Conference)(Hinson, Michael) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

60

MOTION for Admission Pro Hac Vice as to attorney Joshua Karsh on behalf of the plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

62

ORDER granting the parties' 59 Joint Motion/Request. IT IS HEREBY ORDERED that the named parties be excused from appearing at the preliminary pretrial conference set for 9/26/07. Signed by Judge Stephen M McNamee on 9/19/07.(SAT)

Sept. 19, 2007

Sept. 19, 2007

RECAP
63

REPORT re: Rule 26(f) Planning Meeting by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX062495 as to Joshua Karsh. (BAS, ) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

64

REPORT of Reformatted Proposed Case Management Plan by Plaintiffs Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

65

Minute Entry. Proceedings held before Judge Stephen M McNamee : Apr. Josh Karsh for plas; William August Richards for dfts, dft Cameron Holmes presentScheduling Conference held on 9/26/2007.Final Pretrial Conference set for 2/11/2009 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.Court order to follow. (Court Reporter Elaine Cropper.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 09/27/2007)

Sept. 26, 2007

Sept. 26, 2007

66

RULE 16 SCHEDULING ORDER: Setting a Final Pretrial Conference for 2/11/2009 at 04:00 PM before Judge Stephen M McNamee. Discovery due by 6/27/2008, Dispositive motions due by 1/16/2009. Open attached pdf for further details. Signed by Judge Stephen M McNamee on 09/26/07. (ESL) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

67

Notice re Service of State Defs' Rule 26 Initial Disclosure Stmt by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

68

Notice re Plaintiffs' Notice of Initial Disclosure by Javier Torres, Alma Santiago, Lia Rivadeneyra (Karsh, Joshua) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

69

Notice re Service by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

71

ORDER granting Plaintiffs' Motion to Strike affirmative defenses 54 ; denying Plaintiffs' Motion to Strike affirmative defenses 54 . ORDER that Defendants shall have until 12/21/07 to file an amended answer to the First Amended Complaint. Signed by Judge Stephen M McNamee on 12/3/07.(TLJ)

Dec. 3, 2007

Dec. 3, 2007

RECAP
72

NOTICE of Appearance by Paul Correa on behalf of Terry Goddard, Cameron Holmes (Correa, Paul) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

73

AMENDED ANSWER to Plaintiffs' First 47 Amended Complaint by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

74

MOTION for Admission Pro Hac Vice as to attorney Karyn L Bass Ehler on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 01/29/2008)

Jan. 28, 2008

Jan. 28, 2008

75

ORDER pursuant to General Order 05-25 granting 74 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: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

PRO HAC VICE FEE PAID. $ 100, receipt number PHX067084 as to Karyn L Bass Ehler. (BAS, ) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

76

NOTICE of Deposition of Javier Torres, filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

77

NOTICE of Deposition of Lia Rivadeneyra, filed by Terry Goddard, Cameron Holmes. (Correa, Paul) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

78

NOTICE of Deposition of Alma Santiago, filed by Terry Goddard, Cameron Holmes. (Correa, Paul) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

79

MOTION to Certify Class by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

80

PLAINTIFFS' MEMORANDUM IN SUPPORT OF CLASS CERTIFICATION by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A through A1, # 2 Exhibit B, # 3 Exhibit B1 through B3, # 4 Exhibit B4 and B5, # 5 Exhibit C, C1, C2 & C3, # 6 Exhibit D, D1, E, E1, F & G, # 7 Exhibit H through L)(Piers, Matthew) Modified on 1/27/2009, INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Motion" TO "Memorandum", (LSP). (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

81

MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Appendix Redline Second Amended Complaint)(Piers, Matthew) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

82

MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A: Subpoena served on Western Union, # 2 Exhibit B: Plaintiffs' Proposed Protective Order Regarding Documents Produced by Western Union)(Piers, Matthew) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

83

Notice re Service by Terry Goddard, Cameron Holmes (Correa, Paul) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

84

RESPONSE in Opposition re 82 MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 1to Response to Plaintiffs' Motion for Entry of Protective Order)(Hinson, Michael) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

85

RESPONSE in Opposition re 82 MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION (Amended) filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit 1 to Amended Response to PLS' Motion for Protective Order)(Hinson, Michael) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

86

Notice re Service of Defendants' First Supplemental Rule 26 Disclosure Statement by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

87

RESPONSE in Opposition re 81 MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 1 Part 1 of 5, # 2 Exhibit Exhibit 1 Part 2 of 5, # 3 Exhibit Exhibit 1 Part 3 of 5, # 4 Exhibit Exhibit 1 Part 4 of 5, # 5 Exhibit Exhibit 1 Part 5 of 5, # 6 Exhibit Exhibit 2 Part 1 of 4, # 7 Exhibit Exhibit 2 Part 2 of 4, # 8 Exhibit Exhibit 2 Part 3 of 4, # 9 Exhibit Exhibit 2 Part 4 of 4, # 10 Exhibit Exhibit 3 Part 1 of 2)(Richards, William) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

88

Additional Attachments to Main Document re 87 Response in Opposition to Motion,, by Defendants Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 4 Part 1 of 2, # 2 Exhibit Exhibit 4 Part 2 of 2, # 3 Exhibit Exhibit 5 Part 1 of 2, # 4 Exhibit Exhibit 5 Part 2 of 2, # 5 Exhibit Exhibit 6)(Richards, William) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

89

REPLY in Support re 81 MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint PLAINTIFFS' REPLY FOR MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piers, Matthew) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

90

STIPULATION re 79 MOTION to Certify Class by Terry Goddard, Cameron Holmes, Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Text of Proposed Order Index and Proposed Order)(Richards, William) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

91

ORDER re 90 STIPULATION re 79 MOTION to Certify Class; that Defendants shall have through April 21, 2008 to file their response to Plaintiffs pending motion for class certification, and Plaintiffs shall have through May 19, 2008 to file their reply in support of the motion for class certification.. Signed by Judge Stephen M McNamee on 4/18/08. (DMT, )

April 18, 2008

April 18, 2008

RECAP
92

RESPONSE in Opposition re 79 MOTION to Certify Class filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Index and Exhibit, # 2 Exhibit Index and Exhbit, # 3 Exhibit Index and Exhibit, # 4 Exhibit Index and Exhibit, # 5 Exhibit Index and Exhibit)(Richards, William) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

93

ORDER denying 81 Plaintiff's Motion for Leave to File Second Amended Complaint; denying as moot 87 Defendants' Motion to Strike footnote six. Signed by Judge Stephen M McNamee on 4/22/08.(TLJ)

April 22, 2008

April 22, 2008

RECAP
94

NOTICE of Deposition of James P. Walsh, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

95

NOTICE of Deposition of James Walsh, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

97

NOTICE of Deposition of Dan Kelly, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

98

NOTICE of Deposition of TERRY GODDARD, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

99

NOTICE of Deposition of Claudia Vazquez, filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit A and Service Page)(Hinson, Michael) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

100

NOTICE of Deposition of DAN KELLY, filed by all plaintiffs. (Cabou, Jean-Jacques) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

101

NOTICE of Deposition of 30(B)(6), filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

102

NOTICE of Deposition of ARIZONA DEPARTMENT OF PUBLIC SAFETY, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

103

Notice re of Service by Terry Goddard, Cameron Holmes (Richards, William) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

104

MOTION to Amend/Correct re Leave to File Second Amended Complaint by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A: Redlined version of Second Amended Complaint)(Ehler, Karyn) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

105

LODGED Proposed Second Amended Complaint re: 104 MOTION to Amend/Correct re Leave to File Second Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Ehler, Karyn) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

106

MOTION for Leave to File Excess Pages for PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE AN OVERSIZED BRIEF by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

107

Notice re Notice of Filing Proposed Order Granting Plaintiffs' Unopposed Motion for Leave to File an Oversized Brief by Javier Torres, Alma Santiago, Lia Rivadeneyra (Attachments: # 1 Text of Proposed Order Proposed Order)(Piers, Matthew) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 18, 2006

Closing Date: July 17, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three individuals who sent money through a wire transfer service or banking institution to be received in Arizona or in Sonora, Mexico, and had that money seized pursuant to a criteria-based warrant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Arizona Attorney General, County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Grievance procedures

Inadequate citizen complaint investigations and procedures

Loss or damage to property

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights