Case: Coronado v. Brewer

2:07-cv-01089 | U.S. District Court for the District of Arizona

Filed Date: June 1, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 01, 2007, Plaintiffs filed this lawsuit against the State of Arizona in the U.S. District Court for the District of Arizona. The Arizona Constitution provides that "[n]o person . . . convicted of treason or felony [shall] be qualified to vote at any election unless restored to civil rights." Ariz. Const. art. VII, § 2; see also A.R.S. § 14-904 ("A conviction for a felony suspends the following civil rights of the person sentences: 1. The right to vote."). A felony is "an offense for whi…

On June 01, 2007, Plaintiffs filed this lawsuit against the State of Arizona in the U.S. District Court for the District of Arizona.

The Arizona Constitution provides that "[n]o person . . . convicted of treason or felony [shall] be qualified to vote at any election unless restored to civil rights." Ariz. Const. art. VII, § 2; see also A.R.S. § 14-904 ("A conviction for a felony suspends the following civil rights of the person sentences: 1. The right to vote."). A felony is "an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state." A.R.S. § 13-105(16). A person convicted of a single felony automatically regains any civil rights that were lost or suspended by the conviction if the person both: (1) completes a term of probation or receives an absolute discharge from imprisonment; and (2) pays any fine or restitution imposed. Id. at § 13-912. Persons convicted of more than one felony must apply to the superior court to have their civil rights restored. Id. at § 13-908.

Plaintiffs, represented by attorneys from American Civil Liberties Union, challenged the Arizona statutory scheme governing the right to vote of those convicted of felonies. Their first argument was that disenfranchisement for felonies not recognized as such at common law violates the Equal Protection Clause of the Fourteenth Amendment. While plaintiffs acknowledged that Section 2 of the Fourteenth Amendment insulates felon-disenfranchisement schemes from equal protection challenges to some extent, they argued that Section 2 only permits disenfranchisement for common-law felonies. In their view, disenfranchisement for statutory felonies not recognized at common law has no affirmative sanction in Section 2 and violates the Equal Protection Clause.

Three of the Plaintiffs also argued that conditioning the restoration of the right to vote upon the payment of their criminal fines and restitution violates various provisions of the United States and Arizona Constitutions. Particularly, they alleged that this repayment condition violates the Equal Protection Clause of the Fourteenth Amendment, the Twenty-Fourth Amendment's bar against poll taxes, the Privileges or Immunities Clauses in both the federal and Arizona Constitutions, and the Arizona Constitution's provision mandating free and equal elections.

Contending that Plaintiff's Complaint failed to state a claim for which relief could be granted, Defendants filed a Motion to Dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on August 13, 2007. The District Court (Judge Stephen M McNamee) granted Defendants' Motion to Dismiss the Complaint without prejudice on January 22, 2008, reasoning that Arizona law treats all felons equally with regard to disenfranchisement and subsequent restoration of civil rights and finding no distinction between common law and non-common law felonies.

On April 30, 2008, Plaintiffs filed their First Amended Complaint and on May 19, 2008, Defendants filed a Motion to Dismiss the First Amended Complaint. On November 06, 2008, Judge McNamee granted Defendants' Motion to Dismiss the First Amended Complaint with prejudice.

Plaintiffs appealed to the Ninth Circuit Court of Appeals. On May 27, 2010, the Court of Appeals affirmed the District Court's decision. The Court of Appeals held that the Fourteenth Amendment permits States to disenfranchise felons, regardless of whether their offenses were recognized as felonies at common law. Requiring felons to satisfy the terms of their sentences before restoring their voting rights is rationally related to a legitimate state interest, and does not violate any of the various constitutional provisions Plaintiffs rely upon.

Summary Authors

Xin Chen (6/12/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4722982/parties/coronado-v-napolitano/


Judge(s)

McNamee, Stephen M. (Arizona)

O'Connor, Sandra Day (District of Columbia)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bradley, Neil T. (Georgia)

McDonald, Laughlin (Georgia)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Bailey, Barbara Anne (Arizona)

Cosgrove, John Russel-Cotes (California)

Friar, Karen Sue Wigoda (Arizona)

Goddard, Terry (Arizona)

Judge(s)

McNamee, Stephen M. (Arizona)

O'Connor, Sandra Day (District of Columbia)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bradley, Neil T. (Georgia)

McDonald, Laughlin (Georgia)

Pochoda, Daniel Joseph (Arizona)

Attorneys(s) for Defendant

Bailey, Barbara Anne (Arizona)

Cosgrove, John Russel-Cotes (California)

Friar, Karen Sue Wigoda (Arizona)

Goddard, Terry (Arizona)

Jurkowitz, Daniel S. (Arizona)

Martoncik, Kathleen Erin (Arizona)

O'Grady, Mary Ruth (Arizona)

Wilenchik, Dennis Ira (Arizona)

Documents in the Clearinghouse

Document

2:07-cv-01089

Docket

Aug. 26, 2010

Aug. 26, 2010

Docket
1

2:07-cv-01089

Complaint for Declaratory Relief, Injunctive Relief, and Nominal Monetary Damages

June 1, 2007

June 1, 2007

Complaint
22

2:07-cv-01089

Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and Memorandum of Points and Authorities in Support Thereof

Aug. 13, 2007

Aug. 13, 2007

Pleading / Motion / Brief
48

2:07-cv-01089

Memorandum of Decision and Order

2008 WL 191987

Jan. 22, 2008

Jan. 22, 2008

Order/Opinion
59

2:07-cv-01089

Complaint for Declaratory Relief , Injunctive Relief, and Nominal Monetary Damages

April 30, 2008

April 30, 2008

Complaint
62

2:07-cv-01089

State Defendants’ Motion to Dismiss the First Amended Complaint and Memorandum in Support Thereof

May 19, 2008

May 19, 2008

Pleading / Motion / Brief
73

2:07-cv-01089

Memorandum of Decision and Order

2008 WL 4838707

Nov. 6, 2008

Nov. 6, 2008

Order/Opinion
51-1

08-17567

Opinion

U. S. Court of Appeals for the Ninth Circuit

605 F.3d 1067

Aug. 3, 2010

Aug. 3, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4722982/coronado-v-napolitano/

Last updated Aug. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
19

The Court is in receipt of Ms. Abudu's letter dated 8/7/07, regarding plas' apparent difficulties with service of process on one of the dfts. It is this Court's policy that all communication with the Court regarding matters such as ser vice of process shall be made in writing and filed with the Court according to the Fed.R.Civ.P. and the Local Rules of the US District Court for the District of Arizona. Communication such as that recieved today amounts to ex parte communication and will not be considered by this Court. Therefore, the Court has returned the documents in their original form and requests that counsel for plas, as well as Ms. Abudu, refrain from communicating with the Court in this manner in the future. Signed by Judge Stephen M McNamee on 8/10/07. (Attachments: # 1 Copy of Letter)(KMG)

1 Letter

View on PACER

Aug. 10, 2007

Aug. 10, 2007

RECAP
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 1262019, filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie.(Pochoda, Daniel) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

31

ORDER granting 30 Motion for Extension of Time. Defendant shall have through September 24, 2007 to file a reply in support of the pending motion to dismiss. Signed by Judge Stephen M McNamee on 9/12/07.(DMT, )

Sept. 12, 2007

Sept. 12, 2007

RECAP

This case has been assigned to the Honorable Stephen M. McNamee. All future pleadings or documents should bear the correct case number: CV 07−1089 PHX−SMM. (entered by LSP) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

34

ORDER granting 32 Motion for Leave to File Excess Pages. Permitting Defendant to file a reply in support of her motion to dismiss (Dkt. 22) of up to sixteen pages.. Signed by Judge Stephen M McNamee on 9/21/07.(DMT, )

Sept. 21, 2007

Sept. 21, 2007

RECAP
2

NOTICE TO FILER OF DEFICIENCY re 1 Complaint filed by Armando Coronado, Michael Garza, Joseph Rubio, Michele Convie. Description of deficiency: The following required documents were not attached: Civil Cover Sheet and Summonses. Parties F Ann Rodriguez and Helen Purcell not added to case. Incorrect party role defendant selected for Raymond Lewis, Jr. Correct party role is plaintiff. Address, phone or email information was incorrectly added at the Party Information screen. Only the Party text field should be used when appropriate. Document not in compliance with L/R 7.1: Name and address of attorney in upper left corner. (LSP) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

38

ORDER granting 36 Motion for Leave to File Excess Pages. Signed by Judge Stephen M McNamee on 9/27/07.(DMT, )

Sept. 27, 2007

Sept. 27, 2007

RECAP
3

MOTION for Admission Pro Hac Vice as to attorney Nancy G Abudu on behalf of the plaintiffs. (BAS, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

4

MOTION for Admission Pro Hac Vice as to attorney M Laughlin McDonald on behalf of the plaintiffs. (BAS, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

47

ORDER denying 45 Motion to Consolidate Cases. Signed by Judge Stephen M McNamee on 1/16/08.(DMT, )

Jan. 16, 2008

Jan. 16, 2008

RECAP
48

MEMORANDUM OF DECISION AND ORDER granting 33 Motion to Dismiss Case; granting 22 Motion to Dismiss Case. The complaint is dismissed without prejudice, and the Clerk shall terminate this action.. Signed by Judge Stephen M McNamee on 1/22/08.(DMT, )

Jan. 22, 2008

Jan. 22, 2008

RECAP

PRO HAC VICE FEE PAID. $ 200, receipt number PHX058608 as to Nancy G Abudu, Laughlin McDonald. (BAS, ) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

58

ORDER granting 50 Motion for Leave to File Amended Complaint as of Right. IT IS FURTHER ORDERED directing the Clerk of the Court to reopen this matter and file Plaintiffs lodged proposed amended complaint 51 .. Signed by Judge Stephen M McNamee on 4/30/08.(DMT, )

April 30, 2008

April 30, 2008

RECAP
5

ORDER pursuant to General Order 05−25 granting 3 Motion for Admission Pro Hac Vice; granting 4 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: 06/05/2007)

June 5, 2007

June 5, 2007

66

ORDER granting 65 Motion for Extension of Time. Plaintiffs shall have to 6/17/08 to respond to the pending motion to dismiss.. Signed by Judge Stephen M McNamee on 5/22/08.(DMT, )

May 22, 2008

May 22, 2008

RECAP
6

Notice re Civil Cover Sheet by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (Abudu, Nancy) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

7

Notice re Summons by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (Abudu, Nancy) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

69

ORDER granting 68 Motion for Extension of Time. Defendants shall have through July 11, 2008, to file their reply in support of the pending motion to dismiss.. Signed by Judge Stephen M McNamee on 6/19/08.(DMT, )

June 19, 2008

June 19, 2008

RECAP
9

Notice re Summons by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (Abudu, Nancy) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

10

Notice re Summons by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (Abudu, Nancy) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

11

MOTION for Admission Pro Hac Vice as to attorney Neil Bradley on behalf of plaintiffs. (BAS, ) (Entered: 06/12/2007)

June 11, 2007

June 11, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX058833 as to Neil Bradley. (BAS, ) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

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: 06/12/2007)

June 12, 2007

June 12, 2007

13

Summons Issued as to F Ann Rodriguez, Helen Purcell, Janet Napolitano, Janice K Brewer. (Attachments: #(1) Janet Napolitano, #(2) Helen Purcell, #(3) F. Ann Rodriguez and #(4) Consent Form)(LSP) *** 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: 06/12/2007)

June 12, 2007

June 12, 2007

14

WAIVER OF SERVICE Returned Executed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. Helen Purcell waiver sent on 6/13/2007. (Abudu, Nancy) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

15

WAIVER OF SERVICE Returned Executed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. F Ann Rodriguez waiver sent on 6/13/2007. (Abudu, Nancy) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

16

Standard Civil Track Initial ORDER. Signed by Judge Stephen M McNamee on 6/28/2007. (TCA, ) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

17

CERTIFICATE OF SERVICE by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr re 16 Order (Abudu, Nancy) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

18

WAIVER OF SERVICE Returned Executed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. Janet Napolitano waiver sent on 6/13/2007. (Abudu, Nancy) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

20

NOTICE of Appearance by Mary Ruth O'Grady on behalf of Janet Napolitano (O'Grady, Mary) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

21

NOTICE of Appearance by Barbara Anne Bailey on behalf of Janet Napolitano (Bailey, Barbara) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

22

MOTION to Dismiss Case by Janet Napolitano. (O'Grady, Mary) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

24

ANSWER to Complaint by Helen Purcell.(Wilenchik, Dennis) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

25

Notice re First Set of Discovery Requests to Plaintiffs by Helen Purcell (Wilenchik, Dennis) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

26

ORDER granting 23 Motion for Extension of Time. Plaintiffs have through September 5, 2007 to respond to motion to dismiss.. Signed by Judge Stephen M McNamee on 8/23/07.(DMT, ) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

27

Defendants ANSWER to Complaint by F Ann Rodriguez.(Friar, Karen) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

28

RESPONSE in Opposition re 22 MOTION to Dismiss Case filed by Armando Coronado, Michael Garza, Michele Convie, Raymond Lewis, Jr. (Abudu, Nancy) Modified on 9/6/2007 (DMT, ). DOCUMENT NOT IN COMPLIANCE WITH L/R 7.1. ATTORNEY NOTICED. (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

29

NOTICE TO FILER OF DEFICIENCY re 28 Response in Opposition to Motion filed by Armando Coronado, Michael Garza, Raymond Lewis, Jr, Michele Convie. Description of deficiency: Document not in compliance with L/R 7.1. (DMT, ) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

30

First MOTION for Extension of Time for Filing Reply in Support of Motion to Dismiss by Janet Napolitano. (Attachments: # 1)(Bailey, Barbara) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

32

MOTION for Leave to File Excess Pages for Motion to Dismiss by Janet Napolitano. (Attachments: # 1)(Bailey, Barbara) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

33

MOTION to Dismiss Case by Janice K Brewer. (O'Grady, Mary) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

35

REPLY in Support re 22 MOTION to Dismiss Case filed by Janet Napolitano, Janice K Brewer. (Bailey, Barbara) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

36

MOTION for Leave to File Excess Pages by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (Attachments: # 1 Text of Proposed Order)(McDonald, Laughlin) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

37

LODGED Proposed Response to Motion to Dismiss re: 36 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (McDonald, Laughlin) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

39

RESPONSE in Opposition to re 22 MOTION to Dismiss Case filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (DMT, ) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

40

Notice re Service of Initial Disclosures by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (McDonald, Laughlin) Modified on 10/1/2007 (DMT, ). DOCUMENT FILED WITH INCORRECT CASE NUMBER. (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

42

NOTICE TO FILER OF DEFICIENCY re 40 Other Notice, 41 Response to Motion. Description of deficiency: Case number is incorrect.. (DMT, ) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

43

Notice re Regarding Preliminary Pretrial Conference by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr (McDonald, Laughlin) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

44

ORDER Scheduling Conference set for 5/12/2008 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 1/7/2008.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: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

45

MOTION to Consolidate Cases CV 07−1089−PHX−SMM and CV 08−17−TUC−CRP by Page Maier. (DMT, ) (Entered: 01/10/2008)

Jan. 9, 2008

Jan. 9, 2008

46

RESPONSE to Motion re 45 MOTION to Consolidate Cases filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (McDonald, Laughlin) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

49

JUDGMENT entered in favor of dfts and against plaintiffs. Plaintiffs to take nothing, and complaint and action are dismissed without prejudice. (DMT, ) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

50

MOTION for Leave to File Amended Complaint by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McDonald, Laughlin) Modified on 2/21/2008 (DMT, ). STRIKE−OUT VERSION OF AMENDED PLEADING NOT ATTACHED TO MOTION. (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

51

LODGED Proposed Amended Complaint re: 50 MOTION for Leave to File Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (McDonald, Laughlin) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

52

NOTICE TO FILER OF DEFICIENCY re 50 MOTION for Leave to File Amended Complaint filed by Armando Coronado, Michael Garza, Raymond Lewis, Jr, Joseph Rubio, Michele Convie. Description of deficiency: Redline/strikeout version not attached to motion. (DMT, ) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

53

Additional Attachments to Main Document re 50 Motion. Redline/Strikeout Version of Amended Complaint by Plaintiffs Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (McDonald, Laughlin) Modified on 2/22/2008 (DMT, ). DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

54

NOTICE of Attorney Substitution by Daniel S Jurkowitz (Jurkowitz, Daniel) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

55

RESPONSE in Opposition re 50 MOTION for Leave to File Amended Complaint filed by Janet Napolitano, Janice K Brewer. (Shipman, Tanja) (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

57

REPLY to Response to Motion re 50 MOTION for Leave to File Amended Complaint filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (McDonald, Laughlin) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

59

AMENDED COMPLAINT against F Ann Rodriguez, Helen Purcell, Janet Napolitano, Janice K Brewer, filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr.(DMT, ) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

60

ANSWER to Complaint by F Ann Rodriguez.(Jurkowitz, Daniel) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

61

ORDER Scheduling Conference set for 6/30/2008 02:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 5/12/2008. 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: 05/12/2008)

May 12, 2008

May 12, 2008

62

MOTION to Dismiss Case Re: THE FIRST AMENDED COMPLAINT AND MEMORANDUM IN SUPPORT THEREOF by Janet Napolitano, Janice K Brewer. (Bailey, Barbara) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

63

Minute Order: Due to the pending motion to dismiss, ORDERED Scheduling Conference re−set for 9/29/2008 02:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

64

Maricopa County Recorder Helen Purcell's ANSWER to Complaint Amended Complaint by Helen Purcell.(Wilenchik, Dennis) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

65

MOTION for Extension of Time Time in Which to File Response to Motion to Dismiss First Amended Complaint by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (Attachments: # 1 Text of Proposed Order)(McDonald, Laughlin) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

67

RESPONSE in Opposition re 62 MOTION to Dismiss Case Re: THE FIRST AMENDED COMPLAINT AND MEMORANDUM IN SUPPORT THEREOF filed by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. (Abudu, Nancy) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

68

First MOTION for Extension of Time For Filing Reply In Support of Motion to Dismiss by Janet Napolitano, Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bailey, Barbara) (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

70

NOTICE of Change of Address by Nancy G Abudu (Abudu, Nancy) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

71

REPLY in Support re 62 MOTION to Dismiss Case Re: THE FIRST AMENDED COMPLAINT AND MEMORANDUM IN SUPPORT THEREOF filed by Janet Napolitano, Janice K Brewer. (O'Grady, Mary) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

74

CLERK'S JUDGMENT−IT IS HEREBY ORDERED pursuant to the Courts order filed this date granting Defendants Motion to Dismiss the First Amended Complaint at docket 62 with prejudice, this action is hereby terminated. (TLJ) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

75

NOTICE OF APPEAL to 9th Circuit, as to 73 Order on Motion to Dismiss Case by Armando Coronado, Joseph Rubio, Michael Garza, Michele Convie, Raymond Lewis, Jr. Filing fee received: $ 455.00, receipt number 09700000000002365540. (Attachments: # 1 Docketing Statement, # 2 Order Appealed From)(McDonald, Laughlin) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

76

APPEAL PROCESSED to Ninth Circuit re: 75 Notice of Appeal, filed by Armando Coronado, Michael Garza, Raymond Lewis, Jr, Joseph Rubio, Michele Convie. Filed dates for: Notice of Appeal *11/13/2008*, *Complaint* *6/1/2007***, Appealed Judgment *11/06/08*. Court Reporter *None* Fee Status: *Paid on 11/13/2008 in the amount of $455.00*. Hearing Dates of *None***********. Appellant Attorney: *Laughlin McDonald* *(Ret)* *lmcdonald@aclu.org*. Appellee Attorney: *Barbara Anne Bailey* *(ret)* *barbara.bailey@azag.gov*** (Attachments: # 1 Certificate of Record) (DNH) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

CADS (Copies) Sent re 75 Notice of Appeal: Civil Appeals docketing sent to 9th Circuit on this date. Attorney noticed to deliver originals to this Court to be sent to 9CCA. (DNH) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

CADS (Original) Sent re 75 Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on this date. (KMG) (Entered: 11/26/2008)

Nov. 24, 2008

Nov. 24, 2008

77

Ninth Circuit Case Number 08−17567 for 75 Notice of Appeal,. (KMG, ) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

78

MANDATE of USCA affirming District Court decision as to 75 Notice of Appeal, re: 08−17567 filed by Armando Coronado, Michael Garza, Raymond Lewis, Jr, Joseph Rubio, Michele Convie. (Attachments: #(1) Opinion, #(2) NDA). (LSP) Modified on 8/3/2010 (LSP). (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

79

NOTICE of Change of Address by Daniel Joseph Pochoda (Pochoda, Daniel) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

73

ORDER granting 62 with prejudice Defendants' Motion to Dismiss the First Amended Complaint. Signed by Judge Stephen M McNamee on 11/5/08.(TLJ)

Nov. 6, 2008

Nov. 6, 2008

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons who have felony drug convictions, and have completed probation or received discharge from imprisonment, but remain ineligible for automatic restoration of their voting rights fror failure to pay fines and restitution ordered by courts.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of the State of Arizona, State

Scretary of the State of Arizona, State

Maricopa County Recorder (Maricopa), County

Pima County Recorder (Pima), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voter qualifications