Puente v. Arizona

2007 U.S.Dist.LEXIS 27485

2007 U.S.Dist.LEXIS 27482

2007 U.S.Dist.LEXIS 27328

2007 U.S.Dist.LEXIS 27479

2007 U.S.Dist.LEXIS 27481

ORDER - IT IS ORDERED adopting the Report and Recommendation in part. [Doc. # 222]. FURTHER ORDERED with respect to Plaintiff's Claim One and Claim Two, the Court adopts the Magistrate Judge's findings of fact and conclusions of law as wri tten and as modified and supplemented herein. FURTHER ORDERED with respect to Plaintiff's Claim Three, the Court declines to adopt the Magistrate Judge's findings of fact contained in paragraph forty and the conclusions of law relating ther eto and further finds that Plaintiff is entitled to recover the sum of $18,000.00 from Defendants as damages for emotional distress endured in violation of his federal constitutional rights under Title VII of the Civil Rights Act. FURTHER ORDERE D, pursuant to 42 U.S.C. § 1988, awarding Plaintiff's attorneys the sum of $6,000.00 as attorney's fees with respect to this claim. FURTHER ORDERED that the Clerk of the Court enter judgment in accordance with this order. Signed by Judge Roger G Strand on 4/10/07. (SAT)

COMPLAINT FILED (MAP) (Entered: 08/18/1997)

ORDER by Judge Roger G. Strand; action designated a standard track case; pla shall notify court in writing when parties are prepared for a preliminary pretrial conference, notification shall occur nlt 45 days after the filing of the answer of the first−answering dft; pla shall serve all dfts with a copy of this order (cc: all counsel) re: order [2−1] (REW) (Entered: 08/27/1997)

MOTION for leave to file amended complaint to by pla Jose G Puente, pla Francesca E Puente [3−1] (LODGED: amd cmp at clerk's desk) (former emp) (Entered: 12/12/1997)

MOTION to accelerate motion for leave to file amended complaint to by pla Jose G Puente, pla Francesca E Puente [3−1] by pla Jose G Puente, pla Francesca E Puente [4−1] (former emp) (Entered: 12/12/1997)

RETURN OF SERVICE EXECUTED personally upon Jesse Godina, of Office of the AG, for dft Arizona, State of on 12/12/97 (REW) (Entered: 12/16/1997)

RETURN OF SERVICE EXECUTED personally upon Shelda Kroeger, at ADOT Risk Management, for dfts Larry Bonine, Mary Peters, Tom Schmitt on 12/12/97 (REW) (Entered: 12/16/1997)

ORDER by Judge Roger G. Strand granting motion for leave to file amended complaint by pla Jose G Puente, pla Francesca E Puente [3−1], motion to accelerate motion for leave to file amended complaint by pla Jose G Puente, pla Francesca E Puente [4−1] terminated (cc: all counsel) (REW) (Entered: 12/16/1997)

AMENDED COMPLAINT by pla Jose G Puente [1−1] terminating pla Francesca E Puente, dft Tom Schmitt ;adding plas Irene Canales Simonetti, Manuel Hernandez (REW) (Entered: 12/16/1997)

RETURN OF SERVICE EXECUTED summons &amd complaint upon dft AZ Dept of Tran on 12/16/97 (former emp) (Entered: 12/19/1997)

RETURN OF SERVICE EXECUTED summons &amd complaint upon Attorney General on 12/16/97 (former emp) (Entered: 12/19/1997)

RETURN OF SERVICE UNEXECUTED − attempted upon dft Larry Bonine, dft Mary Peters, dft Tom Schmitt (former emp) (Entered: 12/22/1997)

MOTION to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] (former emp) (Entered: 01/02/1998)

ANSWER to amended complaint by dft Arizona, State of (former emp) (Entered: 01/16/1998)

RESPONSE by plaintiffs Jose G Puente, Irene Canales Simonetti, Manuel Hernandez to motion to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] (DMT) (Entered: 02/02/1998)

ORDER by Judge Roger G. Strand granting motion to dismiss defts Larry Bonine and Mary Peters by dfts [12−1] party Mary Peters, party Larry Bonine terminated (cc: all counsel) (DMT) (Entered: 02/19/1998)

MOTION/Application for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Rose Vega in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Henry Serrano in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Arthur Stanley in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Jose G. Puente in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

AFFIDAVIT of Javier F. Perez in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 02/24/1998)

STIPULATION by all parties for withdrawal of motion to dismiss by dfts Larry Bonnie &Mary Peters re [12−1] and plaintiffs' response to same. (DMT) (Entered: 02/25/1998)

SUPPLEMENTAL AFFIDAVIT of Jose G. Puente in support of motion for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 02/26/1998)

ANSWER by dft Larry Bonine, dft Mary Peters to amended complaint. (DMT) (Entered: 03/02/1998)

MOTION for leave to exceed page limitation on application for preliminary injunction (previously filed)(if application is treated as motion) by all plas [28−1] (DMT) (Entered: 03/02/1998)

MOTION to extend time to respond to application for preliminary injunction by all dfts [29−1] (DMT) (Entered: 03/03/1998)

STIPULATION by all parties requesting order of 2/16/98 be vacated re [15−1] that dfts Larry Bonine &Mary Peters be reinstated and that their motion to dismiss be withdrawn re [12−1] (DMT) (Entered: 03/04/1998)

ORDER by Judge Roger G. Strand granting motion for leave to exceed page limitation on application for preliminary injunction (previously filed)(if application is treated as motion) by all plas [28−1] (cc: all counsel) (DMT) (Entered: 03/09/1998)

ORDER by Judge Roger G. Strand granting stipulation as to withdrawal of motion, vacating [15−1] order which dismissed defendants Larry Bonine and Mary Peters, withdrawing motion to dismiss dfts Larry Bonine and Mary Peters by dfts [12−1]. (cc: all counsel) (DMT) (Entered: 03/09/1998)

ORDER by Judge Roger G. Strand vacating [15−1] order, which dismissed L. Bonine and M. Peters; withdrawing motion to dismiss dfts Larry Bonine and Mary Peters by dfts [12−1]. Dfts Larry Bonine and Mary Peters are reinstated as defendants and to respond to amended complaint by 3/24/98 (cc: all counsel) (DMT) (Entered: 03/13/1998)

RESPONSE by all plas to motion to extend time to respond to application for preliminary injunction by all dfts [29−1] (DMT) (Entered: 03/16/1998)

ORDER by Judge Roger G. Strand granting motion to extend time to 3/24/98 to respond to application for preliminary injunction by all dfts [29−1] (cc: all counsel) (DMT) (Entered: 03/17/1998)

ORDER by Judge Roger G. Strand that all dfts appear for show cause hearing on motion for preliminary injunction and memorandum by pla [16−1] at 1:30 4/28/98 (cc: all counsel) (DMT) (Entered: 03/17/1998)

STIPULATION to continue time for all dfts' response to pla's application for preliminary injunction through 4/7/98 (DMT) (Entered: 03/24/1998)

ORDER by Judge Roger G. Strand granting stipulation extending time to 4/7/98 for dfts to respond to application for preliminary injunction (cc: all counsel) (DMT) (Entered: 03/24/1998)

AFFIDAVIT of Daniel L. Bonnett in support of motion to certify class action pursuant to FRCP 23 by all plas [39−1] [39−1] (DMT) (Entered: 03/30/1998)

AFFIDAVIT of Susan Martin in support of motion to certify class action pursuant to FRCP 23 by all plas [39−1] [39−1] (DMT) (Entered: 03/30/1998)

NOTICE of filing supplemental affidavit in support of application for preliminary injunction by all plas (DMT) (Entered: 03/31/1998)

AFFIDAVIT of Frances Ortiz in support of motion for preliminary injunction and memorandum by pla [16−1] [16−1] (DMT) (Entered: 03/31/1998)

MINUTE ORDER setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] at 1:30 4/28/98 (cc: all counsel) [42−1] (former emp) (Entered: 03/31/1998)

RESPONSE by all dfts to motion for preliminary injunction by pla [16−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Lisa Wormington in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Charlene Knapp in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Suzanne Sale in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Jerry Moreland in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Thomas Moore in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Victor Ausbun in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Carolee Arnevik in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Thomas Schmitt in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Larry Bonine in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Javier Perez in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Dursula Colter in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Eddie Edison in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

AFFIDAVIT of Mary Peters in support of motion response [45−1] (DMT) (Entered: 04/08/1998)

RESPONSE by dfts to motion to certify class action pursuant to FRCP 23 by all plas [39−1] (former emp) (Entered: 04/14/1998)

MOTION to exceed the page limit by pla [60−1] on plas' reply to dft's opposition to motion for class action certification. (lodged reply to dft's response to motion for class action certification at docket clerk's desk (DMT) (Entered: 04/24/1998)

MOTION to exceed the page limit by all plas [61−1] on plas' reply to dfts' opposition to application for preliminary injunction (lodged reply to dfts' opposition to application for preliminary injunction with affidavits at docket clerk's

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Hearing held on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for injunction and memorandum by pla [16−1]. Exhs l2 − l6 admitted. Dr. Malcolm Cohen sLisa Wormington sArgument heard on M/class cert. Matter to resume at 11:00AM, 4/29/98 65 (former emp) (Entered: 04/29/1998)

ORDER by Judge Roger G. Strand granting motion to exceed the page limit by all plas [61−1] on plas' reply to dfts' opposition to application for preliminary injunction (lodged reply to dfts' opposition to application for preliminary injunction with affidavits at docket clerk's desk) (cc: all counsel) (DMT) (Entered: 04/29/1998)

ORDER by Judge Roger G. Strand granting motion to exceed the page limit by pla [60−1] on plas' reply to dft's opposition to motion for class action certification. (lodged reply to dft's response to motion for class action certification at docket clerk's desk (cc: all counsel) (DMT) (Entered: 04/29/1998)

REPLY by all plas to response to motion to certify class action pursuant to FRCP 23 by all plas [39−1] (DMT) (Entered: 04/30/1998)

REPLY by all plas to response to motion for preliminary injunction and memorandum by pla [16−1] (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Henry Serrano in support of motion reply [67−1] to application for preliminary injunction (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Jana Olson in support of motion reply [67−1] re: application for preliminary injunction (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Manuel Hernandez in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Jose Puente in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Irene Canales Simonetti in support of motion reply [67−1] re: application for preliminary injunction. (DMT) (Entered: 04/30/1998)

AFFIDAVIT of Malcolm Cohen, Ph.D. in support of motion reply [67−1] re: application foar preliminary injunction. (DMT) (Entered: 04/30/1998)

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Resume hearing on m/cert class and for prel injunc. Exh l8 admitted. Teresa Vasquesz, Caroli Foreman, Loren Hatch, Frances Ortiz sworn &examined. Exhs 41−53 (affidavits) offered. Dft calls Jose Puente, Irene Simonetti, Manuel Hernandez, Frances Ortiz, all sworn &examined. Matter to resume 5/7/98 at 9AM.(setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] at 9:00 5/7/98, setting motion for preliminary injunction and memorandum by pla [16−1] at 9:00 5/7/98 74 (former emp) (Entered: 04/30/1998)

MINUTE ENTRY Judge Inits: RGS Crt Rptr: BILL MCNUTT Resume hearing on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1]. Franceds Ortiz on stand on cross. Exh 56 admitted. Rose Vega sworn &examined. Larry bonine sworn &examined. Mary Peters sworn &examined. Matter reset to 9:00AM, 5/13/98; will take two days to complete. Argument set for 9:00AM, 6/3/98; findngs of fact to be simultaneously submitted 6/l/98. 75 (former emp) (Entered: 05/08/1998)

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Day 4 of prel. injunc. hrg. Exhs stip into evid:5,6, 7, 8, 9, 9a−f, ll, l7, 20 − 23, 28 − 53. Resume cross exam of Mary Peters. Eddie Edison sworn &examined. Sam Maroufkhani sworn &examined. Tom Moore sworn &examined. Victor Ausbun sworn &examined. Bob Harris sworn &examined. Clementine Webb sworn &examined. Hrg to resume at 9:30AM, 5/14/98. 76 re: minute entry [76−1] (former emp) (Entered: 05/14/1998)

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Day 5 prel injunc. Exhibits 2, 54, 55, 57 − 60 admitted. Dursula Colter sworn &examined. Charlene Knapp sworn &examined. Lisa Wormington resumes stand. Exhs 23, 61 admitted. Jerry Moreland sworn &examined. Exhs 62− 68 admitted. Pltf calls rebuttal witness, Manuel Hernandez. Exh 3 admitted. Usvaldo Carrola sworn &examined. Recess until 9AM, 6/3/98. (setting motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1] at 9:00 6/3/98 77 (former emp) (Entered: 05/14/1998)

STIPULATION by parties to continue deadline for submission of proposed findings of fact and oral argument on application for preliminary injunction. (DMT) (Entered: 05/22/1998)

ORDER by Judge Roger G. Strand granting stipulation extending time to 6/1/98 for filing of proposed findings of fact and cancelling 6/3/98 oral argument on pla's application for preliminary injunction until new dates requested by parties (cc: all counsel) (DMT) (Entered: 05/28/1998)

MINUTE ORDER A status hearing is set for 2:30 7/28/98. Settlement has been explored. (cc: all counsel) [80−2] (PHR) (Entered: 07/17/1998)

MOTION to reset dates for filing proposed findings of fact and oral argument on application for preliminary injunction by plas [81−1] , and motion for leave to file supplemental affidavits in support of application for preliminary injunction by plas [81−2] (DMT) (Entered: 07/28/1998)

MINUTE ENTRY Judge Inits: RGS Crt Rptr: M.SANCHEZ Status hearing held. ORD granting motion to reset dates for filing proposed findings of fact and oral argument on application for preliminary injunction by plas [81−1], granting motion for leave to file supplemental affidavits in support of application for preliminary injunction by plas [81−2]. ORD that pltf file supplemental memorandum and affidavits by 8/14/98; dft response and additional affidavits by 9/14/98; pltf's reply due 9/28/98; hearing on motion to certify class action pursuant to FRCP 23 by all plas [39−1] and motion for preliminary injunction and memorandum by pla [16−1] is set for 1:30PM, 10/26/98 [cc: all cnsl] 82 (former emp) (Entered: 07/30/1998)

MOTION to exceed the page limit on pla's supplemental memorandum in support of pla's application for preliminary injunction and class certification by pla [83−1] (lodged supplemental memorandum at docket clerk's desk) (DMT) (Entered: 08/17/1998)

SUPPLEMENTAL AFFIDAVIT of Jana Olson in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

SUPPLEMENTAL AFFIDAVIT of Rose Vega in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

SUPPLEMENTAL AFFIDAVIT of Frances Ortiz in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

AFFIDAVIT of Teresa Vasquez in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

AFFIDAVIT of Manuel Briones in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

SECOND AFFIDAVIT of Manuel Hernandez in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

SECOND SUPPLEMENTAL AFFIDAVIT of Irene Canales Simonetti in support of motion for preliminary injunction by pla [16−1] (DMT) (Entered: 08/17/1998)

CERTIFICATE of service of affidavits by pla (DMT) (Entered: 08/17/1998)

ORDER by Judge Roger G. Strand granting motion to exceed the page limit on pla's supplemental memorandum in support of pla's application for preliminary injunction and class certification by pla [83−1] (cc: all counsel) (DMT) (Entered: 08/19/1998)

SUPPLEMENTAL memorandum by pla in support of application for preliminary injunction [16−1], and class certification motion [39−1] (DMT) (Entered: 08/19/1998)

STIPULATION by all parties to extend time to 9/17/98 for dfts to respond to supplemental memorandum in support of application for preliminary injunction for class certification re [93−1] and that plas' time to reply to 10/1/98 (DMT) (Entered: 09/11/1998)

ORDER by Judge Roger G. Strand granting stipulation extending time to 9/17/98 for dfts to respond to plas supplemental memorandum in support of application for preliminary injunction for class certification and plas have to 10/1/98 to reply(cc: all counsel) (DMT) (Entered: 09/14/1998)

SUPPLEMENTAL memorandum in opposition to class certification and preliminary injunction [16−1] by dfts. (DMT) (Entered: 09/18/1998)

AFFIDAVIT of Charlene Knapp in support of supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

AFFIDAVIT of Eyvone Lewis in support of supplemental memorandum of dfts [96−1] (DMT) (Entered: 09/18/1998)

AFFIDAVIT of Frances Martucci in support of dfts' supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

AFFIDAVIT of E. Thomas Moore in support of dfts' supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)

AFFIDAVIT of Mary Peters in support of dfts supplemental memorandum[96−1] (DMT) (Entered: 09/18/1998)

AFFIDAVIT of Murray Walker in support of dfts supplemental memorandum [96−1] (DMT) (Entered: 09/18/1998)