Case: Chamber of Commerce of the United States v. Whiting

2:07-cv-02496 | U.S. District Court for the District of Arizona

Filed Date: Dec. 9, 2007

Closed Date: May 26, 2011

Clearinghouse coding complete

Case Summary

This case is the reincarnation of a previously filed suit challenging the constitutionality of the Legal Arizona Workers Act (the "Act"). The District Court (Judge Wake) dismissed that suit, Arizona Contractors Assoc., Inc. v. Napolitano, on December 7, 2007 for lack of subject matter jurisdiction. The court found that there was no justiciable case or controversy against the Governor or Attorney General, as they did not have the power to enforce the challenged Act. The court noted that only …

This case is the reincarnation of a previously filed suit challenging the constitutionality of the Legal Arizona Workers Act (the "Act"). The District Court (Judge Wake) dismissed that suit, Arizona Contractors Assoc., Inc. v. Napolitano, on December 7, 2007 for lack of subject matter jurisdiction. The court found that there was no justiciable case or controversy against the Governor or Attorney General, as they did not have the power to enforce the challenged Act. The court noted that only county attorneys had that power.

Immediately after the dismissal of Arizona Contractors, on December 9, 2007, a coalition of trade organizations and Arizona employers filed a lawsuit under 28 U.S.C. §§ 2201 and 2201 in the United States District Court for the District of Arizona, Phoenix division [Arizona Contractors Ass'n v. Candelaria, 07-2496]. The plaintiffs, represented by private counsel at this stage, asked the court for injunctive and declaratory relief and attorney's fees, challenging the constitutionality of the Act. The Act required Arizona employers to verify the employment eligibility of each employee through a federal verification program and established sanctions against Arizona employers that employed aliens who were not authorized to work. The Act provides the Superior Court of the State of Arizona with the power to suspend or revoke the business licenses of employers who intentionally or knowingly employ illegal aliens. Specifically, the plaintiffs claimed that the Act was pre-empted by federal immigration law.

A companion case was also re-filed on December 12, 2007 by the Mexican American Legal Defense and Educational Fund, the National Immigration Law Center, the ACLU Foundation Immigrants Rights Project and the Arizona ACLU. [Chicanos Por La Causa, Inc. v. Goddard, 2:07-cv-02518-SMM]. The District Court (Judge Neil V. Wake) consolidated these two remaining cases on December 14, 2007.

Plaintiffs in the consolidated action alleged, as they had in the previously filed case, that the Act violated the Supremacy Clause of the U. S. Constitution as it was preempted by federal immigration law and the federal government's exclusive authority to regulate immigration. Plaintiffs also asserted that the Act violated the due process rights of employers and workers. The Arizona Contractor plaintiffs also asserted violations of the Commerce Clause, the Fourth Amendment and the Arizona state constitution. Prior to consolidation, plaintiffs had requested a preliminary injunction in each case. Defendants moved to dismiss the cases.

On February 7, 2008 Judge Wake found that federal immigration law did not preempt the Act, and it did not violate the Due Process Clause or the Commerce Clause. Arizona Contractors Ass'n, Inc. v. Candalaria, 534 F.Supp.2d 1036 (2008). Specifically, Judge Wake found that Section 1324a(h)(2) of the federal Immigration Reform and Control Act (IRCA) expressly authorized the Act at issue in this case. The relevant section of the federal statute reads "the provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens." Judge Wake found that the Act was a licensing or similar law and thus fell within the federal statute's savings clause. Furthermore, Judge Wake held that the Act's requirement of mandatory use of the federal E-Verify program did not conflict with federal objects or purposes, even though Congress had decided to make the program optional.

On appeal to the United States Court of Appeals for the 9th Circuit, the plaintiffs renewed their argument that federal law expressly preempted the Act. Moreover, the Act's mandatory requirement to use E-Verify, the plaintiffs contended, was impliedly preempted by federal law because it conflicts with the policies envisioned in the voluntary nature of the program under federal law. On September 17, 2008 the United States Court of Appeals for the 9th Circuit (Judges Mary M. Schroeder, John M. Walker, Jr., and N. Randy Smith) affirmed the District Court's finding Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (2008). In doing so, the Court of Appeals held that federal immigration law did not preempt the Act. The court explained that the Act was not expressly preempted because it fell within ICRA's savings clause allowing for state licensing and similar laws to regulate the employment of unauthorized aliens. Moreover, the court found that federal law does not impliedly preempt the Act's provision mandating the use of E-Verify. The court found it telling that "Congress could have, but did not, expressly forbid state laws from requiring E-Verify participation."

On appeal to the United States Supreme Court, the Chamber of Commerce of the United States and the named petitioners of the consolidated cases that made it to the Supreme Court, argued that the Court of Appeals had misinterpreted ICRA's savings clause and consequently had incorrectly ruled that the Act was not preempted. Furthermore, the petitioners argued that even if the Act was not expressly preempted by ICRA, federal law impliedly preempted it because it conflicted with the structure and function of federal law. The respondents replied in their brief that the Court of Appeals had been correct when it held that federal law did not preempt the Act.

On May 26, 2011 the United States Supreme Court, in an opinion delivered by Chief Justice Roberts, affirmed the Court of Appeals for the 9th Circuit's judgment. Chamber of Commerce of the United States v. Whiting, 131 S.Ct. 1968 (2011). In doing so, the Court held that the Act fell within ICRA's savings clause and was thus not expressly preempted by federal law. Specifically the Court found that "The Arizona law, on its face, purports to impose sanctions through licensing laws[,]" which placed it squarely within ICRA's savings clause that allowed for States to regulate the employment of unauthorized individuals through licensing and similar laws. The Court was particularly unmoved by the petitioners' argument that the Act was not a licensing law because it only dealt with the revocation of licenses rather than the granting of them. In fact, the Court flatly rejected that argument. Moreover, the Court found that federal law did not impliedly preempt the Act because "Arizona's procedures simply implement the sanctions that Congress expressly allowed Arizona to pursue through licensing laws." Lastly, the Court found that the Act's requirement that employers use E-Verify was not impliedly preempted because it did not conflict with federal law.

The district court's dismissal of the matter therefore stood, and the case was ended.

Summary Authors

Elizabeth Daligga (6/28/2012)

Related Cases

Arizona Contractors Assoc., Inc. v. Napolitano, District of Arizona (2007)

Arizona Contractors Ass'n v. Candelaria, District of Arizona (2007)

Valle Del Sol Inc. v. Goddard, District of Arizona (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4747281/parties/arizona-contractors-association-inc-v-candelaria/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Sotomayor, Sonia (District of Columbia)

Souter, David Hackett (District of Columbia)

Thomas, Clarence (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Sotomayor, Sonia (District of Columbia)

Souter, David Hackett (District of Columbia)

Thomas, Clarence (District of Columbia)

Wake, Neil Vincent (Arizona)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Blanchard, Charles (Arizona)

Brennan, Shane (District of Columbia)

Campbell, Kristina Michelle (California)

Chang, Joannie C. (California)

Conrad, Robin S. (District of Columbia)

Eckstein, Paul F. (Arizona)

Guizar, Monica T. (California)

Guttentag, Lucas (California)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Kawka, Shane B. (District of Columbia)

Krueger, Matthew D. (District of Columbia)

Mikkilineni, Tara (District of Columbia)

Moffa, Luis R. Jr. (New Jersey)

Newell, Jennifer Chang (California)

Nomkin, Joel W. (Arizona)

Nunn-Gilman, Heidi (Arizona)

Pace, Julie A. (Arizona)

Phillips, Carter G (District of Columbia)

Pochoda, Daniel Joseph (Arizona)

Rublin, Burt (Pennsylvania)

Selden, David A. (Arizona)

Shapiro, Steven R. (New York)

Shumsky, Eric A. (District of Columbia)

Smullin, Rebecca (California)

Sorenson, Quin M (District of Columbia)

Tumlin, Karen C. (California)

Valenzuela, Cynthia Ann (California)

Weissglass, Jonathan (California)

Attorneys(s) for Defendant

GilBride, Eileen Dennis (Arizona)

Goddard, Terry (Arizona)

Hall, Roger W. (Arizona)

Jurkowitz, Daniel S. (Arizona)

Kerekes, William J. (Arizona)

King, Buckley (Arizona)

Lessler, Michael Jay (Arizona)

Munns, Christopher Arthur (Arizona)

O'Grady, Mary Ruth (Arizona)

Payette, Lance B. (Arizona)

Roll, Chris Myrl (Arizona)

Staton, Georgia (Arizona)

Sweeney, Kathleen Patricia (Arizona)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Coberly, Linda T (Illinois)

Dayan, Leon (District of Columbia)

Dellinger, Walter (District of Columbia)

Fong, Kevin Murray (California)

Gross, Mark L. (District of Columbia)

Guzman, Melinda (California)

Hethmon, Michael M. (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Katyal [inactive], Neil (District of Columbia)

Lampley, Judith A. (District of Columbia)

McNeil, J E (District of Columbia)

Morgan, Jeremiah J. (Missouri)

Orfanedes, Paul J (District of Columbia)

Perez, Thomas E. (District of Columbia)

Pollock, Nathaniel S. (District of Columbia)

Rubin, Robert J. (California)

Sekulow, Jay Alan (District of Columbia)

Smith, Paul M. (District of Columbia)

Stellman, Leslie Robert (Maryland)

West, Tony (District of Columbia)

Wong, Brian K (California)

Zall, Barnaby W (Maryland)

Documents in the Clearinghouse

Document

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division)

Valle Del Sol, Inc. v. Goddard

Feb. 7, 2008 Docket

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division)

Arizona Contractors Ass'n v. Candelaria

April 3, 2009 Docket

General Docket United States Court of Appeals for the Ninth Circuit

Chicanos Por La Causa, Inc. v. Napolitano

U. S. Court of Appeals for the Ninth Circuit

Sept. 24, 2010 Docket

No. 09-115

Supreme Court of the United States

Dec. 8, 2010 Docket

Second Amended Complaint

Arizona Contractors Ass'n v. Napolitano

Aug. 29, 2007 Complaint
1

COMPLAINT

Arizona Contractors Ass'n, Inc. v. Candelaria

2007 WL 5193843

Dec. 9, 2007 Complaint

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (Corrected)

Arizona Contractors Ass'n, Inc. v. Napolitano

526 F.Supp.2d 968

Dec. 10, 2007 Order/Opinion
1

COMPLAINT

Valle Del Sol, Inc., v. Goddard

Dec. 12, 2007 Complaint
175

Findings of Fact, Conclusions of Law, and Order

Arizona Contractors Ass'n, Inc. v. Candelaria

534 F.Supp.2d 1036

Feb. 7, 2008 Order/Opinion

OPINION

Chicanos Por La Causa, Inc. v. Napolitano

U. S. Court of Appeals for the Ninth Circuit

558 F.3d 856

Sept. 17, 2008 Order/Opinion

Resources

Title Description External URL

Chamber of Commerce of the United States v. Whiting

SCOTUSBlog

The provision of the Legal Arizona Workers Act that provides for the suspension and/or revocation of the business licenses of Arizona employers who knowingly or intentionally employ unauthorized alie… May 26, 2011 https://www.scotusblog.com/case-files/cases/chamber-of-commerce-of-the-united-states-v-candelaria/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4747281/arizona-contractors-association-inc-v-candelaria/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000001598760 (TRO Requested), filed by Arizona Contractors Association, Inc..(Selden, David) (Entered: 12/10/2007)

Dec. 9, 2007 RECAP
2

Corporate Disclosure Statement by Arizona Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
3

Additional Attachments to Main Document Civil Cover Sheet by Plaintiff Arizona Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
4

MOTION for Temporary Restraining Order and Preliminary Injunction by Arizona Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER

Notice of request for e-notices by Faith Klepper. (Klepper, Faith)

Dec. 10, 2007 PACER
5

Notice re Summons by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America (Attachments: # 1 Summons Cochise County, # 2 Summons Coconino County, # 3 Summons Flores Gila County, # 4 Summons Angle Graham, # 5 Summons Rapier Greenlee, # 6 Summons Brannan La Paz, # 7 Summons Thomas Maricopa, # 8 Summons Currier Navajo, # 9 Summons LaWall Pima, # 10 Summons Walsh Pinal County, # 11 Summons Silva Santa Cruz County, # 12 Summons Polk Yavapai County, # 13 Summons Smith Yuma, # 14 Summons Goddard AG, # 15 Summons Garcia ROC, # 16 Summons Smith Mohave)(Selden, David) (Entered: 12/10/2007)

1 Summons Cochise County

View on PACER

2 Summons Coconino County

View on PACER

3 Summons Flores Gila County

View on PACER

4 Summons Angle Graham

View on PACER

5 Summons Rapier Greenlee

View on PACER

6 Summons Brannan La Paz

View on PACER

7 Summons Thomas Maricopa

View on PACER

8 Summons Currier Navajo

View on PACER

9 Summons LaWall Pima

View on PACER

10 Summons Walsh Pinal County

View on PACER

11 Summons Silva Santa Cruz County

View on PACER

12 Summons Polk Yavapai County

View on PACER

13 Summons Smith Yuma

View on PACER

14 Summons Goddard AG

View on PACER

15 Summons Garcia ROC

View on PACER

16 Summons Smith Mohave

View on PACER

Dec. 10, 2007 PACER
6

ORDER REASSIGNING CASE. Case reassigned to Judge Mary H Murguia for all further proceedings. Judge Earl H Carroll no longer assigned to case. All future pleaddings should now list the following complete case number: CV 07-2496 PHX-MHM. Signed by Judge Earl H Carroll on 12/10/07. (Attachments: # 1 Letter of Reassignment)(LSP) (Entered: 12/10/2007)

1 Letter of Reassignment

View on PACER

Dec. 10, 2007 PACER
7

Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d) by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER

Notice of request for e-notices by Barry H. Uhrman. (Uhrman, Barry)

Dec. 10, 2007 PACER
8

Notice re Summons of Terence Haner by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
9

Summons Issued as to Criss Candelaria, Ed Rheinheimer, Daisy Flores, Kenny Angle, Derek D Rapier, Martin Brannan, Andrew P Thomas, Matthew J Smith, James Currier, Barbara LaWall, James P Walsh, George Silva, Sheila Polk, Jon Smith, Terry Goddard, Fidelis V Garcia. (Attachments: # 1 Angle, # 2 Brannan, # 3 Currier, # 4 Flores, # 5 Garcia, # 6 Goddard, # 7 LaWall, # 8 Matthew, # 9 Polk, # 10 Rapier, # 11 Rheinheimer, # 12 Silva, # 13 Smith, # 14 Thomas, # 15 Walsh)(REK). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 12/10/2007)

1 Angle

View on PACER

2 Brannan

View on PACER

3 Currier

View on PACER

4 Flores

View on PACER

5 Garcia

View on PACER

6 Goddard

View on PACER

7 LaWall

View on PACER

8 Matthew

View on PACER

9 Polk

View on PACER

10 Rapier

View on PACER

11 Rheinheimer

View on PACER

12 Silva

View on PACER

13 Smith

View on PACER

14 Thomas

View on PACER

15 Walsh

View on PACER

Dec. 10, 2007 PACER
10

Summons Issued as to Terence C Haner. (REK). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 12/10/2007)

Dec. 10, 2007 PACER
11

MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
12

LODGED Proposed Legal Brief in Support of Temporary Restraining Order and Motion for Preliminary Injunction re: 11 MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
13

MOTION for Protective Order Regarding John Doe Members by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. (Selden, David) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
14

ORDER REASSIGNING CASE. Case reassigned to Judge Neil V Wake for all further proceedings. Judge Mary H Murguia no longer assigned to case. All future pleadings in this matter should list the following complete case number: CV 07-2496 PHX-NVW. Signed by Judge Mary H Murguia on 12/10/07. (Attachments: # 1 Reassignment Letter)(LSP) (Entered: 12/11/2007)

1 Reassignment Order

View on PACER

Dec. 11, 2007 PACER
15

NOTICE of Appearance by Mary Ruth O'Grady on behalf of Terry Goddard, Fidelis V Garcia (O'Grady, Mary) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
16

Notice re Summons to Melvin R. Bowers, Jr., Navajo County Attorney by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc. (Selden, David) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
17

NOTICE of Appearance by Eileen Dennis GilBride on behalf of Andrew P Thomas (GilBride, Eileen) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
18

ORDER - IT IS ORDERED that Plaintiffs' 11 Motion to Exceed Page Limit is granted, and Plaintiff's Legal Brief in Support of Temporary Restraining Order and Motion for Preliminary Injunction (lodged at doc. #12) shall be deemed filed December 10, 2007. Signed by Judge Neil V Wake on 12/11/07.(SAT) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
19

Legal BRIEF in Support of 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc. (SAT) (Entered: 12/11/2007)

Dec. 11, 2007 PACER
20

NOTICE of Appearance by Christopher Arthur Munns on behalf of Terry Goddard, Fidelis V Garcia (Munns, Christopher) (Entered: 12/12/2007)

Dec. 12, 2007 PACER
21

MOTION for Admission Pro Hac Vice as to attorney Louis R. Moffa Jr. by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc.. (Moffa, Louis) (Entered: 12/12/2007)

Dec. 12, 2007 PACER

Notice of request for e-notices by Donald Peder Johnsen. (Johnsen, Donald)

Dec. 12, 2007 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX065701 as to Louis R Moffa, Jr. (BAS, )

Dec. 12, 2007 PACER
22

ORDER pursuant to General Order 05-25 granting 21 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: 12/12/2007)

Dec. 12, 2007 PACER

Notice of request for e-notices by Jill J. Chasson. (Chasson, Jill)

Dec. 13, 2007 PACER
23

ORDER setting hearing on 4 MOTION for Temporary Restraining Order for 12/18/2007 at 1:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V. Wake. Signed by Judge Neil V. Wake on 12/13/2007. (NVW, ) (Entered: 12/13/2007)

Dec. 13, 2007 RECAP

Notice of request for e-notices by Jeffrey Toppel. (Toppel, Jeffrey)

Dec. 13, 2007 PACER
24

NOTICE of Appearance by Michael Jay Lessler on behalf of Terence C Haner (Lessler, Michael) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
25

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Andrew P Thomas served on 12/10/2007. (Selden, David) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
26

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Fidelis V Garcia served on 12/10/2007. (Selden, David) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
27

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Terry Goddard served on 12/10/2007. (Selden, David) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
28

NOTICE of Appearance by Chris Myrl Roll on behalf of James P Walsh (Roll, Chris) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
29

CONSOLIDATION ORDER - LEAD CASE with Member Case CV 07-2518 PHX-FJM. Plaintiff's 2 Motion to Reassign and Consolidate in CV 07-2518 is granted. Motion Hearing re 3 Motion for Temporary Restraining Order is set for 12/18/07 at 1:30. Signed by Judge Neil V Wake on 12/14/07. (Attachments: # 1 Letter)(LSP) (Entered: 12/14/2007)

1 Letter

View on PACER

Dec. 14, 2007 PACER
30

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. James P Walsh served on 12/11/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
31

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Barbara LaWall served on 12/11/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
32

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Daisy Flores served on 12/11/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
33

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Jon Smith served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
34

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Sheila Polk served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
35

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Matthew J Smith served on 12/13/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
36

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Martin Brannan served on 12/13/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
37

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Criss Candelaria served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
38

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. James Currier served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
39

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Terence C Haner served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
40

RESPONSE to Motion re 7 Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d)Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d)Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d) filed by Criss Candelaria. (O'Grady, Mary) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
41

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Derek D Rapier served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
42

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Kenny Angle served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
43

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. Ed Rheinheimer served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
44

SUMMONS Returned Executed by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc.. George Silva served on 12/12/2007. (Selden, David) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
45

Notice re Notice of Service of Plaintiffs' First Request for Production of Documents and First Request for Admissions by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Plaintiffs, # 2 Exhibit Plaintiffs' First Request for Production of Documents)(Selden, David) (Entered: 12/14/2007)

1 Exhibit Plaintiffs

View on PACER

2 Exhibit Plaintiffs' First Request for Production of Documents

View on PACER

Dec. 14, 2007 PACER
46

Notice re Notice of Filing of Attachments to Legal Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Wake Up Arizona! Inc., Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Exbibit A-E to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction, # 2 Exhibit Exhibits F-I to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction, # 3 Exhibit Exhibit J to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction, # 4 Exhibit Exhibit J (cont.) to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction, # 5 Exhibit Exhibits K-L to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction, # 6 Exhibit Exhibit M-Q to Notice of Filing of Attachments to Legal Brief in Support of Motion for TRO and Preliminary Injunction)(Selden, David) (Entered: 12/16/2007)

1 Exhibit Exbibit A-E to Notice of Filing of Attachments to Legal Brief in Support

View on PACER

2 Exhibit Exhibits F-I to Notice of Filing of Attachments to Legal Brief in Suppor

View on PACER

3 Exhibit Exhibit J to Notice of Filing of Attachments to Legal Brief in Support o

View on PACER

4 Exhibit Exhibit J (cont.) to Notice of Filing of Attachments to Legal Brief in S

View on PACER

5 Exhibit Exhibits K-L to Notice of Filing of Attachments to Legal Brief in Suppor

View on PACER

6 Exhibit Exhibit M-Q to Notice of Filing of Attachments to Legal Brief in Support

View on PACER

Dec. 16, 2007 PACER
47

NOTICE of Appearance by Daniel S Jurkowitz on behalf of Barbara LaWall (Jurkowitz, Daniel) (Entered: 12/17/2007)

Dec. 17, 2007 PACER
48

EX PARTE MOTION Application for Substitution of Counsel (With Client Approval) by Wake Up Arizona! Inc.. (Attachments: # 1 Text of Proposed Order Order Granting Ex Parte Application)(Eckstein, Paul) (Entered: 12/17/2007)

1 Text of Proposed Order Order Granting Ex Parte Application

View on PACER

Dec. 17, 2007 PACER
49

Notice re of Errata by Wake Up Arizona! Inc. (Attachments: # 1 Errata Ex Parte Application for Substitution of Counsel (attaching omitted signed Client Approval page))(Eckstein, Paul) (Entered: 12/17/2007)

1 Errata Ex Parte Application for Substitution of Counsel (attaching omitted signe

View on PACER

Dec. 17, 2007 PACER
50

OBJECTION re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Andrew P Thomas. (GilBride, Eileen) (Entered: 12/17/2007)

Dec. 17, 2007 PACER
51

OBJECTION re 7 Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d)Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d)Joint MOTION to Expedite Motion for Expedited Discovery and to Waive Rule 26(d) filed by Andrew P Thomas. (GilBride, Eileen) (Entered: 12/17/2007)

Dec. 17, 2007 PACER
52

SUPPLEMENT of Supplemental Brief in Support of Motion for a Temporary Restraining Order and in Response to the Court's December 13, 2007 Order by Plaintiffs Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc.. (Moffa, Louis) (Entered: 12/17/2007)

Dec. 17, 2007 PACER
53

RESPONSE to Motion re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Criss Candelaria. (Attachments: # 1 Exhibit Transcript excerpt, # 2 Exhibit 2007 E-verify evaluation part 1, # 3 Exhibit 2007 e-verify evaluation part 2, # 4 Exhibit 2007 e-verify evaluation part 3, # 5 Exhibit 2007 e-verify evaluation part 4, # 6 Exhibit E-verify manual, # 7 Exhibit Congressional RS Service, # 8 Exhibit DHS/COmmerce Fact Sheet & Joint statement, # 9 Exhibit Defendants Response)(O'Grady, Mary) (Entered: 12/17/2007)

1 Exhibit Transcript excerpt

View on PACER

2 Exhibit 2007 E-verify evaluation part 1

View on PACER

3 Exhibit 2007 e-verify evaluation part 2

View on PACER

4 Exhibit 2007 e-verify evaluation part 3

View on PACER

5 Exhibit 2007 e-verify evaluation part 4

View on PACER

6 Exhibit E-verify manual

View on PACER

7 Exhibit Congressional RS Service

View on PACER

8 Exhibit DHS/COmmerce Fact Sheet & Joint statement

View on PACER

9 Exhibit Defendants Response

View on PACER

Dec. 17, 2007 PACER
54

MOTION for Admission Pro Hac Vice as to attorney Jonathan Weissglass on behalf of plaintiffs Valle Del Sol Inc, Chicanos Por La Causa, Inc., and Somos America. (BAS, ) (Entered: 12/18/2007)

Dec. 18, 2007 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX065826 as to Jonathan Weissglass. (BAS, )

Dec. 18, 2007 PACER
55

ORDER pursuant to General Order 05-25 granting 54 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: 12/18/2007)

Dec. 18, 2007 PACER
56

NOTICE of Appearance by Lance B Payette on behalf of Melvin R Bowers, Jr (Payette, Lance) (Entered: 12/18/2007)

Dec. 18, 2007 PACER

Notice of request for e-notices by Joel Nomkin. (Nomkin, Joel)

Dec. 18, 2007 PACER

Notice of request for e-notices by Charles Blanchard. (Blanchard, Charles)

Dec. 18, 2007 PACER

Notice of request for e-notices by Steven Monde. (Monde, Steven)

Dec. 18, 2007 PACER
57

RESPONSE to Motion re 4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Terry Goddard, Fidelis V Garcia, Gale Garriott. (Munns, Christopher) (Entered: 12/18/2007)

Dec. 18, 2007 PACER
58

Notice re of Supplemental Authority by Terry Goddard, Fidelis V Garcia, Gale Garriott (Attachments: # 1 Exhibit)(Munns, Christopher) (Entered: 12/18/2007)

1 Exhibit

View on PACER

Dec. 18, 2007 PACER
59

ORDER granting 48 EX PARTE MOTION for Substitution of Counsel (With Client Approval). Attorney Paul F Eckstein, Joel W Nomkin and Charles A Blanchard for Wake Up Arizona! Inc added. Attorney David A Selden; Heidi Nunn-Gilman and Julie A Pace terminated for Wake Up Arizona! Inc. Signed by Judge Neil V Wake on 12/17/07. (LSP) (Entered: 12/18/2007)

Dec. 18, 2007 PACER
60

Notice re Notice of Submission of Additional Declarations in Support of Temporary Restraining Order and Application for Preliminary Injunction by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Declarations)(Selden, David) (Entered: 12/18/2007)

1 Exhibit Declarations

View on PACER

Dec. 18, 2007 PACER
61

REPORT of Business Group Plaintiffs' Report to the Court Regarding Scheduling and Procedural Matters for the December 18, 2007 Hearing by Plaintiffs Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc.. (Selden, David) (Entered: 12/18/2007)

Dec. 18, 2007 PACER
62

Notice re Notice of Submission of Complete Copy of Levecke Declaration by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. re 60 Other Notice,, (Attachments: # 1 Exhibit Declaration of Jason LeVecke)(Selden, David) (Entered: 12/18/2007)

1 Exhibit Declaration of Jason LeVecke

View on RECAP

Dec. 18, 2007 PACER
63

Reply re 50 Objection to Motion for Temporary Restraining Order by Plaintiffs Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc.. (Attachments: # 1 Exhibit Maricopa County Attorney Press Release 12/17/07)(Selden, David) Modified on 12/19/2007, DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE, (LSP). (Entered: 12/18/2007)

1 Exhibit Maricopa County Attorney Press Release 12/17/07

View on PACER

Dec. 18, 2007 PACER
64

SUMMONS Returned Executed by Valle Del Sol Inc. Andrew P Thomas served on 12/14/2007; Terry Goddard served on 12/14/2007; Gale Garriott served on 12/14/2007. (Attachments: # 1 Service of Summons on Garriott, # 2 Service of Summons on Goddard)(Weissglass, Jonathan) (Entered: 12/18/2007)

1 Service of Summons on Garriott

View on PACER

2 Service of Summons on Goddard

View on PACER

Dec. 18, 2007 PACER
65

Minute Entry: Proceedings held before Judge Neil V Wake: Motion Hearing held on 12/18/2007 re 4 MOTION for Temporary Restraining Order and Preliminary Injunction and Motions #91 and #94 in CV-07-1355; Scheduling Conference held on 12/18/2007. Discovery due by 1/11/2008. Taking under advisement 4 Motion for TRO and motions #91 and #94 in CV-07-1355. Preliminary Injunction Hearing set for 1/16/2008 09:00 AM before Judge Neil V Wake. Preliminary Injunction Hearing set for 1/17/2008 09:00 AM before Judge Neil V Wake. (Court Reporter Laurie Adams.)(LSP) Modified on 12/21/2007 (LAD). DOCKET TEXT MODIFIED TO REFLECT THAT MOTIONS #7 and #13 ARE NOT UNDER ADVISEMENT. MOTION #4 IN CV-07-2496 AND MOTIONS #91 and #94 IN CV-07-1355 ARE TAKEN UNDER ADVISEMENT. (Entered: 12/19/2007)

Dec. 18, 2007 PACER
66

TRANSCRIPT DESIGNATION AND ORDER FORM by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. for proceedings held on 12/18/2007 before Judge Wake. (Selden, David) (Entered: 12/19/2007)

Dec. 19, 2007 PACER
67

TRANSCRIPT DESIGNATION AND ORDER FORM by Valle Del Sol Inc for proceedings held on December 18, 2007 before Judge Neil V. Wake. (Weissglass, Jonathan) (Entered: 12/19/2007)

Dec. 19, 2007 PACER
68

TRANSCRIPT DESIGNATION AND ORDER FORM by Terry Goddard, Fidelis V Garcia, Gale Garriott for proceedings held on 12/18/2007 before Judge Neil V. Wake. (O'Grady, Mary) (Entered: 12/19/2007)

Dec. 19, 2007 PACER
69

MOTION for Admission Pro Hac Vice as to attorney Cynthia Valenzuela by Valle Del Sol Inc, Chicanos Por La Causa, Inc., Somos America. (Valenzuela, Cynthia) (Entered: 12/19/2007)

Dec. 19, 2007 PACER

Notice of request for e-notices by Taylor Young. (Young, Taylor)

Dec. 19, 2007 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX065964 as to Cynthia Ann Valenzuela. (BAS, )

Dec. 20, 2007 PACER
70

ORDER pursuant to General Order 05-25 granting 69 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: 12/20/2007)

Dec. 20, 2007 PACER
71

Notice re of Submission of Corrected Brandt Declaration by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. (Selden, David) (Entered: 12/20/2007)

Dec. 20, 2007 PACER
72

TRANSCRIPT DESIGNATION AND ORDER FORM by Andrew P Thomas for proceedings held on 12/18/07 before Judge Neil Wake. (GilBride, Eileen) (Entered: 12/21/2007)

Dec. 21, 2007 PACER

Notice of request for e-notices by Catherine O'Grady with the Office of the Attorney General. (O'Grady, Catherine)

Dec. 21, 2007 PACER
73

MOTION for Admission Pro Hac Vice as to attorney Omar C Jadwat on behalf of plaintiffs Valle Del Sol Inc, Chicanos Por La Causa, Inc., and Somos America. (BAS, ) (Entered: 12/21/2007)

Dec. 21, 2007 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX066017 as to Omar C Jadwat. (BAS, )

Dec. 21, 2007 PACER
74

ORDER pursuant to General Order 05-25 granting 73 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: 12/21/2007)

Dec. 21, 2007 PACER
75

ORDER Plaintiffs' 4 MOTION for Temporary Restraining Order and Plaintiffs' Application for Temporary Restraining Order ( 3 in (CV 07-2518, now conslidated with CV 07-2496) is denied. This order does not dispose of the motions for preliminary injunction, which are set for hearing on January 16, 2007. Signed by Judge Neil V Wake on 12/21/07. (Attachments: # 1 Exhibit)(LSP) (Entered: 12/21/2007)

1 Exhibit

View on PACER

Dec. 21, 2007 RECAP
76

DECLARATION of Marioin "Mac" Magruder by Plaintiff Wake Up Arizona! Inc.. (Eckstein, Paul) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
77

Notice re of Filing Declaration of Marion "Mac" Magruder by Wake Up Arizona! Inc. re 76 Declaration (Eckstein, Paul) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
78

RESPONSE in Opposition re 13 MOTION for Protective Order Regarding John Doe Members filed by Criss Candelaria. (O'Grady, Mary) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
79

Notice re of Submission of Declaration and Report of Judith K. Gans by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Declaration of Judith K. Gans, # 2 Exhibit Judith Gans CV, # 3 Exhibit Exhibit 3-1 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 4 Exhibit Exhibit 3-2 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 5 Exhibit Exhibit 3-3 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 6 Exhibit Exhibit 3-4 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 7 Exhibit Exhibit 3-5 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 8 Exhibit Exhibit 3-6 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts", # 9 Exhibit Exhibit 3-7 - Report entitled "Immigrants in Arizona: Fiscal and Economic Impacts")(Selden, David) (Entered: 12/24/2007)

1 Exhibit Declaration of Judith K. Gans

View on PACER

2 Exhibit Judith Gans CV

View on PACER

3 Exhibit Exhibit 3-1 - Report entitled "Immigrants in Arizona: Fiscal and Ec

View on PACER

4 Exhibit Exhibit 3-2 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

5 Exhibit Exhibit 3-3 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

6 Exhibit Exhibit 3-4 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

7 Exhibit Exhibit 3-5 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

8 Exhibit Exhibit 3-6 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

9 Exhibit Exhibit 3-7 - Report entitled "Immigrants in Arizona: Fiscal and E

View on PACER

Dec. 24, 2007 PACER
80

Notice re Notice of Expert Witness Designation of Marc R. Rosenblum, Ph.D. by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Exhibit 1 - Dr. Rosenblum CV, # 2 Exhibit Report of Dr. Rosenblum, # 3 Exhibit Testimony of Dr. Rosenblum)(Selden, David) (Entered: 12/24/2007)

1 Exhibit Exhibit 1 - Dr. Rosenblum CV

View on PACER

2 Exhibit Report of Dr. Rosenblum

View on PACER

3 Exhibit Testimony of Dr. Rosenblum

View on PACER

Dec. 24, 2007 PACER
81

Notice re Notice of Submission of Westat Report and Declaration of Heidi Nunn-Gilman by Arizona Employers for Immigration Reform, Inc., Chamber of Commerce of the USA, Arizona Chamber of Commerce, Arizona Hispanic Chamber of Commerce, Inc., Arizona Farm Bureau Federation, Arizona Restaurant and Hospitality Association, Arizona Contractors Association, Inc., Associated Minority Contractors of America, Arizona Roofing Contractors Association, National Roofing Contractors' Association, Arizona Landscape Contractors Association, Inc. (Attachments: # 1 Exhibit Declaration of Heidi Nunn-Gilman, # 2 Exhibit Exhibit 2-1 (Westat Report), # 3 Exhibit Exhibit 2-2 (Westat Report), # 4 Exhibit Exhibit 2-3 (Westat Report), # 5 Exhibit Exhibit 2-4 (Westat Report), # 6 Exhibit Exhibit 2-5 (Westat Report), # 7 Exhibit Exhibit 2-6 (Westat Report), # 8 Exhibit Exhibit 2-7 (Westat Report), # 9 Exhibit Exhibit 2-8 (Westat Report), # 10 Exhibit Exhibit 2-9 (Westat Report))(Selden, David) (Entered: 12/24/2007)

1 Exhibit Declaration of Heidi Nunn-Gilman

View on PACER

2 Exhibit Exhibit 2-1 (Westat Report)

View on PACER

3 Exhibit Exhibit 2-2 (Westat Report)

View on PACER

4 Exhibit Exhibit 2-3 (Westat Report)

View on PACER

5 Exhibit Exhibit 2-4 (Westat Report)

View on PACER

6 Exhibit Exhibit 2-5 (Westat Report)

View on PACER

7 Exhibit Exhibit 2-6 (Westat Report)

View on PACER

8 Exhibit Exhibit 2-7 (Westat Report)

View on PACER

9 Exhibit Exhibit 2-8 (Westat Report)

View on PACER

10 Exhibit Exhibit 2-9 (Westat Report)

View on PACER

Dec. 24, 2007 PACER
82

MOTION for Admission Pro Hac Vice as to attorney Jennifer C Chang on behalf of the plaintiffs. (BAS, ) (Entered: 12/26/2007)

Dec. 26, 2007 PACER
83

MOTION for Admission Pro Hac Vice as to attorney Lucas Guttentag on behalf of the plaintiffs. (BAS, ) (Entered: 12/26/2007)

Dec. 26, 2007 PACER

PRO HAC VICE FEE PAID. $ 200, receipt number PHX066059 as to Jennifer C Chang, Lucas Guttentag. (BAS, )

Dec. 26, 2007 PACER
84

ORDER pursuant to General Order 05-25 granting 82 Motion for Admission Pro Hac Vice; granting 83 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: 12/26/2007)

Dec. 26, 2007 PACER
85

MOTION to Strike re Notice of Expert Designation re Rosenblum by Andrew P Thomas. (GilBride, Eileen) (Entered: 12/26/2007)

Dec. 26, 2007 PACER

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 9, 2007

Closing Date: May 26, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Chamber of Commerce of the United States and a consortium of immigrant advocacy groups

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Private Plaintiff

Attorney Organizations:

MALDEF

National Immigration Law Center

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Attorney General of the State of Arizona, State

Governor of Arizona, State

Apache County Attorney (Apache), County

Cochise County Attorney (Cochise), County

Coconino County Attorney (Coconino), County

Gila County Attorney (Gila), County

Graham County Attorney (Graham), County

Greenlee County Attorney (Greenlee), County

La Paz County Attorney (La Paz), County

Maricopa County Attorney (Maricopa), County

Mohave County Attorney (Mohave), County

Navajo County Attorney (Navajo), County

Pima County Attorney (Pima), County

Pinal County Attorney (Pinal), County

Santa Cruz County Attorney (Santa Cruz), County

Yavapai County Attorney (Yavapai), County

Yuma County Attorney (Yuma), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Discrimination-basis:

Language discrimination

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Employer sanctions

Employment

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures