Case: League of United Latin American Citizens v. Arizona

2:10-cv-01453 | U.S. District Court for the District of Arizona

Filed Date: July 9, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 9, 2010, the League of United Latin American Citizens (LULAC) and individual tax-payers and residents of Arizona filed this class-action lawsuit in the U.S. District Court of Arizona, District of Phoenix. The plaintiffs sued the state of Arizona and its governor under 42 U.S.C. § 1983 and 8 U.S.C. § 1101. The plaintiffs, represented by their own counsel and by the Center for Human Rights and Constitutional Law, sought declaratory and injunctive relief, claiming that the recently enacted…

On July 9, 2010, the League of United Latin American Citizens (LULAC) and individual tax-payers and residents of Arizona filed this class-action lawsuit in the U.S. District Court of Arizona, District of Phoenix. The plaintiffs sued the state of Arizona and its governor under 42 U.S.C. § 1983 and 8 U.S.C. § 1101. The plaintiffs, represented by their own counsel and by the Center for Human Rights and Constitutional Law, sought declaratory and injunctive relief, claiming that the recently enacted S.B. 1070 violated the Supremacy Clause, the Commerce Clause, and the Fourteenth Amendment of the U.S. Constitution, and that S.B. 1070. The S.B. 1070 included a provision that required, in the context of a lawful stop, the verification of an individual's immigration status where there was a "reasonable suspicion" that the individual was unlawfully present in the United States. The plaintiffs claimed that the training materials provided to law enforcement to explain "reasonable suspicion" were vague and imprecise. The plaintiffs also claimed that enforcement of S.B. 1070 would cause them substantial and irreparable harm.

The proposed class certification was as follows: “All persons present in the State of Arizona who are not the subject of final non-appealable orders of removal issued by the United States Government and who have in the past or may in the future be detained or arrested by Arizona law enforcement authorities for allegedly not being in possession of an alien registration receipt, or for allegedly having violated 8 U.S.C. § 1306(a), or for allegedly having committed a public offense that makes them removable from the United States.”

On July 9, 2010, the case was assigned to the Honorable Neil V. Wake.

That same day, the plaintiff moved to transfer the case to Judge Susan R. Bolton, who had presided over six similar cases. This motion was granted on August 11, 2010.

On December 15, 2010, Judge Susan R. Bolton granted the Motion to Dismiss filed by the defendants Governor Brewer and the State of Arizona. The plaintiffs’ claims against the State of Arizona were dismissed with prejudice because the State was immune from prosecution in this case. The plaintiffs’ claims against Governor Brewer were dismissed without prejudice for a lack of standing. The plaintiffs were directed to file any amendments to their pleading within 30 calendar days.

On January 24, 2011, the tax-payers residing in Arizona filed an amended class-action complaint against the governor of Arizona and officials in Maricopa and Pima counties. They brought the same legal claims, but sought certification for a class of “all persons present in the Counties of Pima and Maricopa who are county taxpayers and whose tax payments have been or will in the future be used to implement S.B. 1070.”

The plaintiffs claimed that the State of Arizona’s S.B. 1070 included a broad set of provisions that were designed to “work together to discourage and deter the unlawful entry and presence of aliens” by making “attrition through enforcement the public policy of all state and local government agencies in Arizona.”

The plaintiffs sought declaratory judgment that Sections 1-6 of S.B. 1070 were invalid, null and void; preliminary and permanent injunctions restraining the further implementation Sections 1-6 of SB 1070; declaratory judgment that LULAC members could not be detained, arrested, or prosecuted by defendants or their agents for not having or for transporting people who were not registered pursuant to 8 U.S.C. 1302, not carrying registration receipt cards pursuant to 8 U.S.C. § 1306, or for seeking or accepting employment in Arizona; and attorney’s cost.

On March 14, 2011, Judge Bolton issued an order granting Defendant Sheriff Arpaio’s motion for joinder in defendant Brewer’s motion to dismiss.

On August 26, 2011, Judge Bolton granted in part and denied in part the portion of Governor Brewer’s motion to dismissal the plaintiffs’ First Amendment claim. Judge Susan R. Bolton found that LULAC had organizational standing to challenge S.B. 1070 on First Amendment grounds, but that the individual plaintiffs lacked standing to bring their taxpayer claims. Moreover, LULAC had associational standing to bring an equal protection or § 1981 claim related to differential treatment of different groups of immigrants, but the plaintiffs’ claims under the Equal Protection Clause and § 1981 failed to state a claim upon which relief could be granted. The Court dismissed the unnamed plaintiffs because the FAC contained no allegations referencing these plaintiffs. Finally, the Court declined to dismiss or stay any remaining claim in this case on the grounds that it was similar to or duplicative of claims in Friendly House v. Whiting or United States v. Arizona.

On November 22, 2011, Judge Susan R Bolton issued an order requesting that counsel for the plaintiffs to show cause in writing within 7 days why this case should not be dismissed for the plaintiffs’ failure to comply with this Court's September 27, 2011 scheduling order. The response by the plaintiffs’ attorney was received on November 28, 2011 and the case continued.

On February 1, 2012, Judge Susan R. Bolton dismissed with prejudice the case against the head of the Arizona Department of Public Safety, Maricopa County, and Pima County, prejudice as per the plaintiffs’ request.

On March 2, Governor Brewer moved to dismiss the case based on LULAC’s failure to comply with discovery orders. On May 31, 2012, Judge Bolton rebuked LULAC for its failure, but decided against dismissing the case. Instead, she stayed the case pending final rulings in Friendly House v. Whiting and United States v. Arizona. In addition, Judge Bolton denied as moot the Governor’s Motion to Consolidate Action.

On September 4, 2015, Judge Bolton lifted the stay issued on May 31, 2012 because the final rulings had been issued in both Friendly House v. Whiting and United States v. Arizona. The cases had upheld the constitutionality of the component of the bill requiring law enforcement to check immigration during stops. Judge Bolton ordered that the parties to confer and advise the Court how they wished to proceed. The parties agreed to file a stipulation to dismiss this case with prejudice, with each party to bear their own fees and costs.

On September 30, 2015, Judge Susan R. Bolton dismissed the case with prejudice. The case is now closed.

Summary Authors

Elizabeth Daligga (6/25/2012)

Joanna Kuzdra (2/27/2018)

Related Cases

Nat'l Coalition of Latino Clergy and Christian Leaders v. Arizona, District of Arizona (2010)

Friendly House v. Whiting, District of Arizona (2010)

United States v. Arizona, District of Arizona (2010)


Attorneys(s) for Plaintiff

Guajardo, T Anthony (Arizona)

Holguín, Carlos R. (California)

Schey, Peter A. (California)

Velarde, Ray (Texas)

Vera, Luis R. Jr. (Texas)

Attorneys(s) for Defendant

Adams, Joseph G (Arizona)

Bolton, Susan Ritchie (Arizona)

Bouma, John J (Arizona)

Henry, Robert Arthur (Arizona)

Jurkowitz, Daniel S. (Arizona)

Attorneys(s) for Plaintiff

Guajardo, T Anthony (Arizona)

Holguín, Carlos R. (California)

Schey, Peter A. (California)

Velarde, Ray (Texas)

Vera, Luis R. Jr. (Texas)

Attorneys(s) for Defendant

Adams, Joseph G (Arizona)

Bolton, Susan Ritchie (Arizona)

Bouma, John J (Arizona)

Henry, Robert Arthur (Arizona)

Jurkowitz, Daniel S. (Arizona)

Kanefield, Joseph Andrew (Arizona)

Kszywienski, Kelly Ann (Arizona)

Liddy, Thomas P (Arizona)

Longo, Anne Cecile (Arizona)

Sciarrotta, Joseph Jr. (Arizona)

White, Bruce P. (Arizona)

Documents in the Clearinghouse

Document

2:10-cv-01453

Docket [PACER]

Sept. 30, 2015

Sept. 30, 2015

Docket
1

2:10-cv-01453

Complaint for Declaratory and Injunctive Relief

July 9, 2010

July 9, 2010

Complaint
34

2:10-cv-01453

Order

Dec. 15, 2010

Dec. 15, 2010

Order/Opinion
37

2:10-cv-01453

First Amended Complaint for Declaratory and Injunctive Relief [Class Action]

League of United Latin America Citizens v. Arizona

Jan. 24, 2011

Jan. 24, 2011

Complaint
56

2:10-cv-01453

Order

Aug. 26, 2011

Aug. 26, 2011

Order/Opinion
88

2:10-cv-01453

Order

May 31, 2012

May 31, 2012

Order/Opinion

Resources

Docket

Last updated June 5, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 0970−4106921, filed by Jane C.H.P. Doe, Cordelia Chavez Candelaria Beveridge, Jane E. C−J. Doe, Anna Ochoa O'Leary, Jane E.O. Doe, League of United Latin American Citizens Arizona, Magdalena E Schwartz, Jose David Sandoval. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

3

Notice re Motion to Transfer by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz (Attachments: # 1 Copy of Motion to Transfer, # 2 Copy of Proposed Order)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

4

MOTION for Leave to File Excess Pages for Preliminary Injunction by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

5

LODGED Proposed Motion for Preliminary Injunction re: 4 MOTION for Leave to File Excess Pages for Preliminary Injunction. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

6

MOTION to Expedite Briefing Schedule for Preliminary Injunction by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

7

MOTION for Leave to Proceed under Pseudonyms by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Attachments: # 1 Declaration in Support, # 2 Time Schedule Order)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

8

MOTION for Admission Pro Hac Vice as to attorney Peter A. Schey by Cordelia Chavez Candelaria Beveridge, Jane C.H.P. Doe, Jane E. C−J. Doe, Jane E.O. Doe, League of United Latin American Citizens Arizona, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Attachments: # 1 Certificate of Good Standing)(Holguin, Carlos) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

9

This case has been assigned to the Honorable Neil V. Wake. All future pleadings or documents should bear the correct case number: CV 10−1453−PHX−NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/12/2010)

July 9, 2010

July 9, 2010

10

Notice of availability of Magistrate Judge (BAS) (Entered: 07/12/2010)

July 9, 2010

July 9, 2010

11

MOTION for Admission Pro Hac Vice as to attorney Carlos R. Holguin by Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Holguin, Carlos) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

12

Supplemental MOTION for Admission Pro Hac Vice as to attorney Peter A. Schey by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz. (Holguin, Carlos) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PRO HAC VICE FEE PAID. $ 100, receipt number PHX098875 as to Peter Anthony Schey, Carlos Holguin. (BAS) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

13

ORDER pursuant to General Order 05−25 terminating 8 Motion for Admission Pro Hac Vice; granting 11 Motion for Admission Pro Hac Vice; granting 12 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: 07/13/2010)

July 13, 2010

July 13, 2010

14

SUMMONS Submitted by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz (Holguin, Carlos) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

15

SUMMONS Submitted by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena E Schwartz (Attachments: # 1 Summons to Governor)(Holguin, Carlos) (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

16

Summons Issued as to Arizona, State of, Janice K Brewer. (Attachments: # 1 Janice Brewer)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/13/2010)

July 13, 2010

July 13, 2010

17

WAIVER OF SERVICE Returned Executed by Jane Doe(named as Jane C.H.P. Doe), Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane E. C.−J. Doe), Anna Ochoa O'Leary, Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Magdalena Schwartz, Jose David Sandoval. Arizona, State of waiver sent on 7/13/2010; Janice K Brewer waiver sent on 7/13/2010. (Attachments: # 1 Executed Waiver as to Janice K. Brewer)(Holguin, Carlos) Modified on 7/20/2010 to correct the date waiver was sent. (ESL). (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

18

NOTICE of Appearance by Robert Arthur Henry on behalf of Arizona, State of, Janice K Brewer (Henry, Robert) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

19

NOTICE of Appearance by John J Bouma on behalf of Arizona, State of, Janice K Brewer (Bouma, John) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

20

NOTICE of Appearance by Joseph Andrew Kanefield on behalf of Arizona, State of, Janice K Brewer (Kanefield, Joseph) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

21

NOTICE of Appearance by Joseph G Adams on behalf of Arizona, State of, Janice K Brewer (Adams, Joseph) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

22

ORDER granting Plas' Motion to Transfer (Doc 3 in CV10−1453. Doc. 46 in CV10−0926); that all further pleadings should now list the following complete case number: CV10−1453−PHX−SRB; that counsel shall submit courtesy copies of all pending motions to this Court with 5 days of the date of this order; that counsel shall also e−mail all motions and orders in compliance with the Administrative Policies and Procedure Manual for Electronic Filing. Signed by Judge Susan R Bolton on 08/11/10. (ESL) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

Remark as to attorney Luis Vera Jr − removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

23

NOTICE re Non−Opposition by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz re 7 MOTION for Leave to Proceed under Pseudonyms. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

24

ORDER denying Plaintiffs' 6 Motion For Issuance of an Expedited Briefing Schedule Regarding Plaintiffs' Motion for a Preliminary Injunction as moot. Plaintiff's motion requested expedited briefing and oral argument by July 23, 2010. Signed by Judge Susan R Bolton on 09/03/10.(ESL) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

25

ORDER that Plaintiffs' 7 motion for leave is GRANTED, and Plaintiffs Jane C. H−P. Doe, Jane E. C−J. Doe, and Jane E.O. Doe may proceed under pseudonyms. Signed by Judge Susan R Bolton on 09/03/10.(ESL) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

27

MOTION to Dismiss Case by Arizona, State of, Janice K Brewer. (Bouma, John) Modified on 9/15/2010 (ESL). (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

28

STIPULATION re 27 MOTION to Dismiss for Lack of Jurisdiction ; Extension of Time to File Response by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

29

ORDER pursuant to the 28 Stipulation between the parties, any response filed by the Plaintiffs to Defendant's Motion to Dismiss (Doc. 27) shall be filed on or before 10/11/10. Signed by Judge Susan R Bolton on 09/27/10. (ESL) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

30

RESPONSE to Motion re 27 MOTION to Dismiss for Lack of Jurisdiction filed by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz. (Holguin, Carlos) (Entered: 10/11/2010)

Oct. 11, 2010

Oct. 11, 2010

31

STIPULATION by Arizona, State of, Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

32

ORDER pursuant to the 31 Stipulation between the parties, the reply brief in support of defendants' 27 Motion to Dismiss shall be filed by 11/12/10. Signed by Judge Susan R Bolton on 10/18/10. (ESL) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

33

Reply re 30 Response to Motion to Dismiss for Lack of Jurisdiction, by Defendants Arizona, State of, Janice K Brewer. (Bouma, John) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

34

ORDER granting the 27 Motion to Dismiss filed by Defendants Janice K. Brewer and the State of Arizona. Plaintiffs' claims against the State of Arizona are dismissed with prejudice because the State of Arizona is immune from prosecution in this case. Plaintiffs' claims against Governor Brewer are dismissed without prejudice for a lack of standing. Plaintiffs are directed to file any amendments to their pleading within 30 calendar days of the date of this Order. Signed by Judge Susan R Bolton on 12/15/10. (ESL) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

35

MOTION TO EXTEND TIME TO FILE A FIRST AMENDED COMPLAINT by Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane C.H.P. Doe), Jane Doe(named as Jane E. C.−J. Doe), Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) Modified on 1/19/2011 (JEMB**CORRECTION−Incorrect event selected; modified to non−exparte**). (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

36

ORDER granting Plaintiffs' Unopposed 35 Motion (application) for Extension of Time to File a First Amended Complaint; Plaintiffs shall file any amendments to their pleading on or before 01/24/11. Signed by Judge Susan R Bolton on 01/24/11.(ESL) (Entered: 01/24/2011)

Jan. 24, 2011

Jan. 24, 2011

37

AMENDED COMPLAINT against Janice K Brewer, William G Montgomery, Joseph Arpaio, Barbara Lawall, Clarence W Dupnik, Robert Halliday, filed by Jane Doe(named as Jane C.H.P. Doe), Cordelia Chavez Candelaria Beveridge, Jane Doe(named as Jane E. C.−J. Doe), Anna Ochoa O'Leary, Jane Doe(named as Jane E.O. Doe), League of United Latin America Citizens.(Holguin, Carlos) (Entered: 01/24/2011)

Jan. 24, 2011

Jan. 24, 2011

38

STIPULATION to Extend Time to File a Response to Plaintiffs' First Amended Complaint by Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

40

MOTION to Dismiss Case by Janice K Brewer. (Attachments: # 1 Exhibit A)(Bouma, John) Modified on 2/28/2011 (ESL). (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

41

REQUEST for Judicial Notice re 40 MOTION to Dismiss Case by Janice K Brewer. (Attachments: # 1 Exhibit 1)(Bouma, John) Modified on 2/28/2011 from (motion) to (request). (ESL). (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

42

MOTION to Dismiss Party Joseph Arpaio by Joseph M Arpaio. (Liddy, Thomas) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

43

*JOINDER re 40 MOTION to Dismiss Case by William G Montgomery. (White, Bruce)*Entry modified to correct event on 3/10/2011 (ESL). (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

44

MOTION to Withdraw , Amended Motion to Dismiss and Motion for Joinder in Defendant Brewer's Motion to Dismiss by Joseph M Arpaio. (Attachments: # 1 Exhibit A)(Liddy, Thomas) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

45

Joint MOTION for Extension of Time File Response to Motion to Dismiss by Cordelia Chavez Candelaria Beveridge, Jane Doe(Named as Jane Doe − named as Jane E. C.−J. Doe), Jane Doe(Named as Jane Doe − named as Jane C.H.P. Doe), Jane Doe(Named as Jane Doe − named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz, Unknown Parties. (Attachments: # 1 Text of Proposed Order)(Holguin, Carlos) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

46

ORDER granting Defendant Sheriff Arpaio's 44 Motion to Withdraw, and Motion for Joinder in Defendant Brewer's Motion to Dismiss. Signed by Judge Susan R Bolton on 03/14/11. (ESL) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

47

ORDER that the 45 Stipulation will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section II(G), specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 3/14/11. (ESL) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

48

ORDER Pursuant to the 45 stipulation between the parties: Any response filed by plaintiffs to defendant Janice K. Brewer's 40 Motion to Dismiss shall be filed on or before 03/25/11. Signed by Judge Susan R Bolton on 03/16/11. (ESL) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

49

ANSWER to 37 Amended Complaint, by Barbara Lawall.(Jurkowitz, Daniel) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

50

ANSWER to 37 Amended Complaint, by Clarence W Dupnik.(Jurkowitz, Daniel) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

51

RESPONSE to Motion re 40 MOTION to Dismiss Case filed by Cordelia Chavez Candelaria Beveridge, Jane Doe(Named as Jane Doe − named as Jane E. C.−J. Doe), Jane Doe(Named as Jane Doe − named as Jane C.H.P. Doe), Jane Doe(Named as Jane Doe − named as Jane E.O. Doe), League of United Latin America Citizens, Anna Ochoa O'Leary, Jose David Sandoval, Magdalena Schwartz, Unknown Parties. (Holguin, Carlos) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

52

REPLY to Response to Motion re 40 MOTION to Dismiss Case filed by Janice K Brewer. (Kszywienski, Kelly) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

53

*JOINDER in Defendant Brewer's 52 Reply in Support of the Motion to Dismiss or Alternatively Stay Plaintiff's First Amended Complaint by Joseph M Arpaio. (Attachments: # 1 Exhibit A)(Liddy, Thomas) *Entry modified to include document number. Modified on 4/6/2011 (ESL). (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

54

NOTICE of Change of Address by Thomas P Liddy (Liddy, Thomas) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

55

NOTICE of Attorney Substitution by John J Bouma (Bouma, John) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

57

ORDER SETTING RULE 16 SCHEDULING ORDER Pursuant to Rule 16, Federal Rules of Civil Procedure, a Pretrial Scheduling Conference is set for November 28, 2011 at 1:30 p.m., Courtroom #502, Fifth Floor, Federal Building, 401 W. Washington Street, Phoenix, Arizona. Signed by Judge Susan R Bolton on 09/27/11. (see attached pdf for complete details) (ESL) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

58

ANSWER to 37 Amended Complaint, for Declaratory and Injunctive Relief by Janice K Brewer.(Bouma, John) (Entered: 11/11/2011)

Nov. 11, 2011

Nov. 11, 2011

59

ANSWER to 37 Amended Complaint, by Joseph M Arpaio, William G Montgomery.(White, Bruce) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

60

*REPORT of Rule 26(f) Planning Meeting by Janice K Brewer, William G. Montgomery, Joseph M Arpaio. (Bouma, John) Modified on 11/22/2011 to add additional filers. (ESL). (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

61

ORDER: Plaintiff having failed to file a Joint Proposed Case Management Plan; IT IS ORDERED vacating the Rule 16 Scheduling Conference set on November 28, 2011. IT IS FURTHER ORDERED that counsel for Plaintiffs show cause in writing within 7 days of the date of this Order why this case should not be dismissed for Plaintiffs failure to comply with this Court's September 27, 2011 Order. IT IS FURTHER ORDERED that this case will be dismissed without further notice within 7 days of the date of this Order if counsel fails to show cause in writing [see Order for full details]. Signed by Judge Susan R Bolton on 11/22/11. (MAW) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

62

RESPONSE TO ORDER TO SHOW CAUSE by League of United Latin America Citizens. (Attachments: # 1 Affidavit Declaration re: response to OSC, # 2 Exhibit Draft Joint Rule 26 Report)(Holguin, Carlos) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

63

REPORT of Rule 26(f) Planning Meeting by League of United Latin America Citizens. (Holguin, Carlos) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

64

Reply re 62 Response to Order to Show Cause by Defendant Janice K Brewer. (Attachments: # 1 Exhibit A)(Bouma, John) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

65

SUPPLEMENT of to response to Order to Show Cause re 64 Reply, 62 Response to Order to Show Cause, 61 Order, Set Deadlines, Terminate Hearings,,,,,, by Plaintiff League of United Latin America Citizens. (Holguin, Carlos) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

66

ORDER resetting the Rule 16 Scheduling Conference for Monday, January 23, 2012 at 3:30 p.m. IT IS FURTHER ORDERED that the Joint Proposed Case Management Plan is due seven (7) days prior to the Rule 16 Scheduling Conference. Signed by Judge Susan R Bolton on 12/07/11. (ESL) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

67

REPORT of Rule 26(f) Planning Meeting by Cordelia Chavez Candelaria Beveridge, League of United Latin America Citizens, Anna Ochoa O'Leary, Unknown Parties. (Holguin, Carlos) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

68

Minute Entry. Proceedings held before Judge Susan R Bolton: Scheduling Conference held on 1/23/2012. ORDER directing Plaintiffs' counsel to submit a proposed order by 5:00 p.m. 01/25/12, dismissing all non−served and non−appearing Defendants. Discovery due by 4/27/2012. Dispositive motions due by 6/22/2012. Counsel are directed to file a motion to consolidate. (Court Reporter Liz Lemke.)(ESL) (Entered: 01/25/2012)

Jan. 23, 2012

Jan. 23, 2012

69

TRANSCRIPT REQUEST by Arizona, State of, Janice K Brewer for proceedings held on 1/23/2012 before Judge Susan Bolton.. (Kszywienski, Kelly) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

70

MOTION to Dismiss Party Robert Halliday, Maricopa County and Pima County by Cordelia Chavez Candelaria Beveridge, League of United Latin America Citizens, Anna Ochoa O'Leary, Unknown Parties. (Holguin, Carlos) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

72

TRANSCRIPT REQUEST of Plaintiff Friendly House, et al., by Unknown Parties for proceedings held on 01/23/2012 before Judge Susan Bolton.. (Joaquin, Linton) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 1/23/2012, before Judge Susan R. Bolton. Court Reporter Elizabeth A. Lemke. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/29/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/8/2012. (VAR) (Entered: 02/09/2012)

Feb. 8, 2012

Feb. 8, 2012

74

MOTION to Consolidate Cases by Arizona, State of, Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

75

NOTICE re Service of Discovery by Janice K Brewer . (Bouma, John) (Entered: 02/13/2012)

Feb. 13, 2012

Feb. 13, 2012

76

RESPONSE to Motion re 74 MOTION to Consolidate Cases filed by League of United Latin America Citizens. (Holguin, Carlos) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

77

NOTICE re Service of Discovery by League of United Latin America Citizens . (Holguin, Carlos) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

78

MOTION to Dismiss Case for Failure to Comply with Discovery Order by Janice K Brewer. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Bouma, John) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

79

REPLY to Response to Motion re 74 MOTION to Consolidate Cases filed by Arizona, State of, Janice K Brewer. (Bouma, John) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

80

*RESPONSE to Motion re 78 MOTION to Dismiss Case Opposition to Motion to Dismiss by League of United Latin America Citizens. (Attachments: # 1 Ex. 1 Opp to Motion to Dismiss, # 2 Ex. 2 Opp to Motion to Dismiss, # 3 Ex. 3 Opp to Motion to Dismiss)(Holguin, Carlos) *Modified to correct event type on 3/20/2012 (ESL). (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

81

Joinder in Governor Janice K. Brewer's Motion to Dismiss for Failure to Comply with Discovery Order by Defendants Joseph M Arpaio, William G Montgomery. (White, Bruce) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

82

REPLY to Response to Motion re 78 MOTION to Dismiss Case for Failure to Comply with Discovery Order filed by Janice K Brewer. (Attachments: # 1 Exhibit A)(Bouma, John) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

83

NOTICE re Notice of Service by Janice K Brewer . (Kszywienski, Kelly) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

84

NOTICE re Filing of Additional Exhibits by League of United Latin America Citizens . (Attachments: # 1 Exhibit 4, # 2 Exhibit 5−1, # 3 Exhibit 5−2, # 4 Exhibit 6, # 5 Exhibit 7)(Holguin, Carlos) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

85

NOTICE re Service of Amended Notice of 30(b)(6) Deposition of LULAC by Janice K Brewer . (Kszywienski, Kelly) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

86

NOTICE re Service of Continued 30(b)(6) Deposition by Janice K Brewer . (Bouma, John) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

87

NOTICE re of Service of Second Amended 30(b)(6) Deposition by Arizona, State of, Janice K Brewer . (Henry, Robert) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

88

ORDER granting in part Defendant Governor Janice K. Brewer's Motion to Dismiss for Failure to Comply with Discovery Order (Doc. 78 ). The Court grants Defendant Brewer's alternative request to stay this case until the Court issues final rulings in Friendly House v. Whiting, Case No. CV 10−1061− PHX−SRB, and United States v. Arizona, Case No. CV 10−1413−PHX−SRB. IT IS FURTHER ORDERED denying as moot Defendant Janice K. Brewer's Motion to Consolidate Actions (Doc. 74 ). Signed by Judge Susan R Bolton on 5/31/2012.(KMG) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

89

MOTION to Withdraw as Attorney by Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

90

ORDER granting 89 Motion to Withdraw as Attorney − that attorney Joseph Sciarrotta, Jr. shall be withdrawn as counsel for Defendant Janice K. Brewer, Governor of the State of Arizona in this action. Mr. Sciarrotta's name shall be removed from the Court's docket as counsel for Defendant Janice K. Brewer, Governor of the State of Arizona. Signed by Judge Susan R Bolton on 12/22/2014.(KMG) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

91

MOTION to Withdraw as Attorney by Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

92

ORDER re 91 that attorney Joseph Kanefield shall be withdrawn as counsel for Defendant Janice K. Brewer, Governor of the State of Arizona in this action. Mr. Kanefield's name shall be removed from the Court's docket as counsel for Defendant Janice K. Brewer, Governor of the State of Arizona. Signed by Judge Susan R Bolton on 12/24/2014.(KMG) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

93

ORDER: Final ruling having been issued in both CV−10−1061−PHX−SRB and CV−10−1413−PHX−SRB (See Doc. 88 in CV−10−1453−PHX−SRB, p. 10); IT IS ORDERED lifting the stay entered on May 31, 2012 88 . IT IS FURTHER ORDERED that the parties confer and file Joint Report not later than September 30, 2015 advising the Court how they wish to proceed. Signed by Judge Susan R Bolton on 9/4/15. (MAW) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

94

NOTICE re: Appearance by Arizona, State of, Janice K Brewer . (Tryon, G) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

95

STIPULATION of Dismissal with Prejudice by Arizona, State of, Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Tryon, G) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

96

ORDER pursuant to 95 Stipulation with Prejudice between the Plaintiff, Center for Human Rights and Constitutional Law, and Defendants State of Arizona and Doug Ducey, Governor of Arizona, and no other Plaintiff filing a report with this Court as Ordered, and good cause shown, IT IS HEREBY ORDERED that this matter be Dismissed with Prejudice; each party to bear their own fees and costs. Signed by Judge Susan R Bolton on 9/30/15. (LAD) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 9, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons present in the Counties of Pima and Maricopa who are county taxpayers and whose tax payments have been or will in the future be used to implement S.B. 1070.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Center for Human Rights & Constitutional Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Governor of Arizona, State

Maricopa County (Maricopa), County

Pima County (Pima), County

Arizona Department of Public Safety, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Supremacy Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Failure to train

Language access/needs

Racial profiling

Discrimination-basis:

Language discrimination

National origin discrimination

Race discrimination

Language:

Spanish

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

National Origin/Ethnicity:

Hispanic