Case: Arizona Dream Act Coalition v. Brewer

2:12-cv-02546 | U.S. District Court for the District of Arizona

Filed Date: Nov. 29, 2012

Closed Date: Dec. 10, 2018

Clearinghouse coding complete

Case Summary

Plaintiffs--young undocumented immigrants residing in Arizona--filed suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act against the State of Arizona and the Arizona Motor Vehicle Division in the U.S. District Court for the District of Arizona on Nov. 29, 2012. Represented by the ACLU Immigrants' Rights Project and the Mexican American Legal Defense and Education Fund, plaintiffs claimed that the state was invalidly denying them drivers' licenses, despite their eligibility under the f…

Plaintiffs--young undocumented immigrants residing in Arizona--filed suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act against the State of Arizona and the Arizona Motor Vehicle Division in the U.S. District Court for the District of Arizona on Nov. 29, 2012. Represented by the ACLU Immigrants' Rights Project and the Mexican American Legal Defense and Education Fund, plaintiffs claimed that the state was invalidly denying them drivers' licenses, despite their eligibility under the federal Deferred Action for Childhood Arrivals (DACA) program. Plaintiffs claimed that the Arizona Executive Order that denied them drivers' licenses violated both the Supremacy Clause and the Equal Protection Clause; they sought a declaration that the state action was invalid, and an injunction providing them drivers' licenses.

Plaintiffs also petitioned for certification of a class in their complaint, including all young immigrants residing in Arizona who had been granted deferred action, or would be, pursuant to the DACA program and had (or would have) employment authorization documents (EADs) and Social Security Numbers, who were being denied drivers' licenses by the Arizona Motor Vehicles Division.

On Dec. 14, 2012, plaintiffs moved for a preliminary injunction. On Jan. 9, 2013, defendants moved to dismiss, or in the alternative, for summary judgment. The District Court (Judge David Campbell) heard oral arguments for both motions on Mar. 22, 2013, and issued an order on May 16, 2013. Judge Campbell denied plaintiffs' motion for preliminary injunction on the grounds that plaintiffs were unlikely to succeed on the merits of their Supremacy Clause claim, and that, although plaintiffs were likely to succeed on the merits of their Equal Protection claim, they did not show the likelihood of irreparable injury for the claim. Judge Campbell accordingly granted defendants' motion to dismiss in part as to the Supremacy Clause claim and denied in part as to the Equal Protection claim. 945 F.Supp.2d 1049 (D. Ariz. May 16, 2013). Plaintiffs filed an interlocutory appeal to the Ninth Circuit Court of Appeals on June 17, 2013.

Plaintiffs filed an amended complaint on Sept. 17, 2013, adding two individual plaintiffs and removing the class action claims. In all other respects, the amended complaint essentially reiterated the original complaint, alleging violations of the Supremacy Clause and the Equal Protection Clause.

On Mar. 26, 2013, Judge Campbell issued an order dismissing one of the individual plaintiffs without prejudice. The case then spent a long time in discovery. On Apr. 30, 2014, the plaintiffs filed a motion for summary judgment on the Equal Protection claim and for a permanent injunction.

On July 7, 2014, the Ninth Circuit Court of Appeals (Judge Harry Pregerson) issued an opinion as to the interlocutory appeal, granting plaintiffs' motion for preliminary injunction. The Court reversed the District Court's decision and remanded the case with instructions to enter a preliminary injunction, prohibiting defendants from enforcing any policy by which the Arizona Department of Transportation refused to accept plaintiffs' EADs, issued under DACA, as proof that plaintiffs were authorized under federal law to be present in the United States. 757 F.3d 1053 (9th Cir. 2014). On Nov. 24, 2014, the Ninth Circuit denied the state's petition for rehearing and rehearing en banc, and on Dec. 9, 2014 denied a stay pending the state's petition to the Supreme Court for certiorari review.

On Dec. 11, 2014, the state sought a stay from the Supreme Court, pending its cert. petition; the Court rejected that stay on Dec. 17, in an order issued without opinion. Justices Scalia, Thomas, and Alito noted that they would grant the stay.

Following this, District Judge Campbell issued a preliminary injunction on Dec. 18, 2014. He then held a Jan. 7, 2015 hearing on plaintiffs' motion for a permanent injunction and summary judgment and on defendants' motion for summary judgment.

On Jan. 22, 2015, Judge Campbell granted plaintiffs' motion and denied defendants'. The final judgment permanently enjoined defendants from refusing to issue drivers' licenses to DACA recipients by rejecting their EADs as proof of their authorization under federal law to be present in the United States. In his order, Judge Campbell held that for purposes of Equal Protection, defendants had classified DACA recipients differently from other holders of EADs who could obtain drivers' licenses and that such differential treatment of similarly situated persons did not survive rational-basis review. Plaintiffs had suffered irreparable harm by losing job opportunities because they lacked drivers' licenses. 81 F.Supp.3d 795 (D. Ariz. Jan. 22, 2015).

Defendants then appealed to the Ninth Circuit. After oral argument on July 16, 2015, the panel (Circuit Judges Pregerson, Berzon, and Christen) asked the parties for further briefing on issues of preemption, the separation of powers doctrine, and the Take Care Clause. The United States, at the Court's invitation, submitted an amicus brief in support of plaintiffs on Aug. 28, 2015.

The Ninth Circuit then issued an opinion on Apr. 5, 2016, affirming the District Court's order. The Ninth Circuit agreed with the District Court's Equal Protection holding. But the Ninth Circuit chose to use the constitutional avoidance principle to reach the same result without finding a constitutional violation. The court thus held that defendants' classification policy for issuing drivers' licenses violated the INA by using an independent definition of "authorized presence," and it was thus preempted by exclusive federal authority to classify noncitizens. 818 F.3d 901 (9th Cir. 2016).

Defendants requested an en banc rehearing, but the Court denied this request in a Feb. 2, 2017 order (Circuit Judges Kozinski and others dissenting). 855 F.3d 957 (9th Cir. 2017).

Defendants then requested a stay while they petitioned the U.S. Supreme Court for cert. The Ninth Circuit granted a stay on Feb. 13, 2017, and defendants filed the petition on Mar. 29, 2017.

In the interim, on Sept. 5, 2017, the Trump administration announced plans to rescind DACA. But a district court in Regents of the University of California enjoined this move on Jan. 9, 2018, and the government sought cert from the U.S. Supreme Court. On Jan. 22, 2018, in this case, defendants notified the U.S. Supreme Court of the relation between the two cert. petitions. On Feb. 14, 2018, in the Supreme Court, the U.S. filed an amicus brief.

On Mar. 19, the Supreme Court denied cert. in this case. On Apr. 6, the Ninth Circuit issued an order lifting the stay and causing its April 2016 judgment to take effect.

The case is closed.

Summary Authors

Dan Osher (3/31/2013)

Zhandos Kuderin (7/7/2014)

Ava Morgenstern (3/19/2018)

Peter Harding (2/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4133803/parties/arizona-dream-act-coalition-v-brewer/


Judge(s)

Berzon, Marsha Siegel (California)

Campbell, David G. (Arizona)

Christen, Morgan (Alaska)

Kozinski, Alex (California)

Pregerson, Harry (California)

Attorneys(s) for Plaintiff

Broder, Tanya (California)

Brody, Kathleen E. (Arizona)

Castillo, Jorge Martin (New York)

Cheer, Shiu-Ming (California)

Danjuma, R. Orion (California)

Judge(s)

Berzon, Marsha Siegel (California)

Campbell, David G. (Arizona)

Christen, Morgan (Alaska)

Kozinski, Alex (California)

Pregerson, Harry (California)

Attorneys(s) for Plaintiff

Broder, Tanya (California)

Brody, Kathleen E. (Arizona)

Castillo, Jorge Martin (New York)

Cheer, Shiu-Ming (California)

Danjuma, R. Orion (California)

Draye, Dominic Emil (Arizona)

Espiritu, Nicholas David (California)

Flood, Kelly Joyce (Arizona)

Gelernt, Lee (New York)

Harper, Marty (Arizona)

Hernandez, Julia Alejandra Gomez (California)

Irvine, Thomas K. (Arizona)

Jacob, Andrew S. (Arizona)

Joaquin, Linton (California)

Lyall, James Duff (Arizona)

Martinez−Olguin, Araceli (California)

Newell, Jennifer Chang (California)

Pochoda, Daniel Joseph (Arizona)

Polansky, Jessica E. (New York)

Preciado, Nora (California)

Sun, Christine Patricia (California)

Tan, Michael K. T. (New York)

Tumlin, Karen C. (California)

Viramontes, Victor (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Berg, Timothy J (Arizona)

Gomez, Ashley Morgan (Arizona)

Hood, Sean Thomas (Arizona)

Lopez, John R. VI (Arizona)

Northup, Doug C (Arizona)

Sciarrotta, Joseph Jr. (Arizona)

Other Attorney(s)

Brinkmann, Beth S (District of Columbia)

Ellis, Jonathan Y. (District of Columbia)

Francisco, Noel (District of Columbia)

Leonardo, John S. (District of Columbia)

McIntosh, Scott R. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Powell, Lindsey (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Wall, Jeffrey B. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 10, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief: Class Action

Nov. 29, 2012 Complaint
30

Memorandum in Support for Motion for Preliminary Injunction

Dec. 14, 2012 Pleading / Motion / Brief
58

Defendant's Motion to Dismiss and in the Alternative, Motion for Summary Judgment

Jan. 9, 2013 Pleading / Motion / Brief
114

Order [Denying Motion for Preliminary Injunction]

945 F.Supp.2d 1049

May 16, 2013 Order/Opinion
173

Complaint for Declaratory and Injunctive Relief [Amended]

Sept. 17, 2013 Complaint
BL-43

Re: Arizona DREAM Act Coalition v. Brewer, No. 13-16248

U. S. Court of Appeals for the Ninth Circuit

Oct. 22, 2013 Correspondence
62-1

Opinion [USCA Reversing and Remanding Case]

U. S. Court of Appeals for the Ninth Circuit

757 F.3d 1053

July 7, 2014 Order/Opinion
BL-43

Order

Arizona DREAM Act Coalition v. Brewer

U. S. Court of Appeals for the Ninth Circuit

Aug. 18, 2014 Order/Opinion

Order in Pending Case

Brewer v. Arizona Dream Act Coalition

Supreme Court of the United States

135 S.Ct. 889, 190 L.Ed.2d 717

Dec. 17, 2014 Order/Opinion

Resources

Title Description External URL

Supreme Court Refuses to Allow Arizona to Deny Drivers' Licenses to Immigrant Youth

MALDEF

WASHINGTON, D.C. - Immigrant youth will be allowed to receive driver's licenses in Arizona while the Supreme Court considers whether or not to hear an appeal of a Ninth Circuit ruling in Arizona Drea… Dec. 17, 2014 http://www.maldef.org/...

Arizona Dream Act Coalition, et al v. Brewer

American Civil Liberties Union (ACLU)

The American Civil Liberties Union, along with a coalition of civil rights organizations, filed a class-action lawsuit challenging Arizona Governor Jan Brewer’s unconstitutional executive order, whic… April 5, 2016 https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133803/arizona-dream-act-coalition-v-brewer/

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

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-7500950, filed by Christian Jacobo, Natalia Perez-Gallegos, Alejandra Lopez, Jesus Castro-Martinez, Arizona Dream Act Coalition, Ariel Martinez (submitted by Andrew Jacob). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(REK) (Entered: 11/29/2012)

1 Exhibit

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2 Exhibit

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3 Civil Cover Sheet

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Nov. 29, 2012 RECAP
2

Corporate Disclosure Statement by Arizona Dream Act Coalition (submitted by Andrew Jacob). (REK) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
3

Filing fee paid, receipt number PHX 0970-7500950. This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV-12-02546-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
4

NOTICE TO FILER OF DEFICIENCY re 1 Complaint, filed by Ariel Martinez, Jesus Castro-Martinez, Christian Jacobo, Natalia Perez-Gallegos, Arizona Dream Act Coalition, Alejandra Lopez. Description of deficiency: Document not in compliance with Local Rule 7.1(c): Document should be in PDF format and text searchable. (REK) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
5

SUMMONS Submitted by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
6

SUMMONS Submitted by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
7

SUMMONS Submitted by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
8

MOTION for Admission Pro Hac Vice as to attorney Jennifer Chang Newell by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Newell, Jennifer) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
9

MOTION for Admission Pro Hac Vice as to attorney Cecillia D. Wang by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Wang, Cecillia) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
10

Summons Issued as to Janice K Brewer. (Attachments: # 1 Summons as to John S. Halikowski, # 2 Summons as to Stacey K. Stanton)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/30/2012)

1 Summons as to John S. Halikowski

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2 Summons as to Stacey K. Stanton

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Nov. 30, 2012 PACER
11

MOTION for Admission Pro Hac Vice as to attorney Linton Joaquin by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Joaquin, Linton) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
12

MOTION for Admission Pro Hac Vice as to attorney Karen C. Tumlin by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Tumlin, Karen) (Entered: 11/30/2012)

Nov. 30, 2012 PACER
13

SUMMONS Submitted by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Summons, # 2 Summons)(Jacob, Andrew) (Entered: 12/03/2012)

1 Summons

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2 Summons

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Dec. 3, 2012 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX128680 as to Jennifer Chang Newell, Cecillia D Wang. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 3, 2012 PACER
14

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
15

Summons Issued as to Janice K Brewer. (Attachments: # 1 Summons as to John S. Halikowski, # 2 Summons as to Stacey K. Stanton) (Summonses are for different addresses from those issued at 10 . (LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/03/2012)

1 Summons as to John S. Halikowski

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2 Summons as to Stacey K. Stanton

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Dec. 3, 2012 PACER
16

MOTION for Admission Pro Hac Vice as to attorney Shiu-Ming Cheer on behalf of plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, and Natalia Perez-Gallegos. (BAS) (Entered: 12/04/2012)

Dec. 4, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX128734 as to Shiu-Ming Cheer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 4, 2012 PACER
17

MOTION for Admission Pro Hac Vice as to attorney Tanya Broder on behalf of plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, and Natalia Perez-Gallegos. (BAS) (Entered: 12/04/2012)

Dec. 4, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX128735 as to Tanya Broder. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 4, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX128737 as to Linton Joaquin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 4, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX128736 as to Karen Cassandra Tumlin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 4, 2012 PACER
18

ORDER pursuant to General Order 09-08 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice; granting 17 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: 12/04/2012)

Dec. 4, 2012 PACER
19

MOTION for Admission Pro Hac Vice as to attorney Nicholas Espiritu by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Espiritu, Nicholas) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
20

MOTION for Admission Pro Hac Vice as to attorney Victor Viramontes by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Viramontes, Victor) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
21

NOTICE of Appearance by Doug C Northup on behalf of Janice K Brewer, John S Halikowski, Stacey K Stanton. (Northup, Doug) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
22

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (First Request) by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Northup, Doug) (Entered: 12/10/2012)

1 Text of Proposed Order

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Dec. 10, 2012 PACER
23

MOTION for Admission Pro Hac Vice as to attorney Lee Gelernt on behalf of plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, and Natalia Perez-Gallegos. (BAS) (Entered: 12/10/2012)

Dec. 10, 2012 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX129001 as to Lee Gelernt. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 10, 2012 PACER
24

ORDER pursuant to General Order 09-08 granting 23 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: 12/10/2012)

Dec. 10, 2012 PACER
25

AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory and Injunctive Relief, Class Action; Corporate Disclosure Statement served on The Honorable Janice K. Brewer on December 5, 2012, filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
26

AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory and Injunctive Relief, Class Action; Corporate Disclosure Statement served on John S. Halikowski on December 5, 2012, filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
27

AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory and Injunctive Relief, Class Action; Corporate Disclosure Statement served on Stacey K. Stanton on December 5, 2012, filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/11/2012)

Dec. 11, 2012 PACER
28

ORDER pursuant to 22 Stipulation For Extension of Time To Answer Complaint : Janice K Brewer answer due 1/9/2013; John S Halikowski answer due 1/9/2013; Stacey K Stanton answer due 1/9/2013. Signed by Judge David G Campbell on 12/12/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVO) (Entered: 12/12/2012)

Dec. 12, 2012 PACER
29

MOTION for Preliminary Injunction by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Text of Proposed Order)(Jacob, Andrew) (Entered: 12/14/2012)

1 Text of Proposed Order

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Dec. 14, 2012 PACER
30

MEMORANDUM of Points and Authorities in Support of 29 MOTION for Preliminary Injunction by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
31

DECLARATION of Ariel Martinez re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Exhibit 1)(Jacob, Andrew) (Entered: 12/14/2012)

1 Exhibit 1

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Dec. 14, 2012 RECAP
32

DECLARATION of Bo Cooper re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Exhibit A)(Jacob, Andrew) (Entered: 12/14/2012)

1 Exhibit A

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Dec. 14, 2012 PACER
33

DECLARATION of Jesus Castro-Martinez re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
34

DECLARATION of Dan Pochoda re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Jacob, Andrew) (Entered: 12/14/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Dec. 14, 2012 PACER
35

DECLARATION of Christian Jacobo re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
36

DECLARATION of Alejandra Lopez re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
37

DECLARATION of Dulce Matuz re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
38

DECLARATION of Tess Ranahan re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D - G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit K)(Jacob, Andrew) (Entered: 12/14/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D - G

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5 Exhibit H

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6 Exhibit I

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7 Exhibit J

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8 Exhibit K

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Dec. 14, 2012 PACER
39

DECLARATION of Regina Jeffries re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
40

DECLARATION of Stephen Yale-Loehr re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Exhibit A)(Jacob, Andrew) (Entered: 12/14/2012)

1 Exhibit A

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Dec. 14, 2012 PACER
41

MOTION for Leave to File Excess Pages for Memo in Support of Motion for Preliminary Injunction by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Text of Proposed Order)(Jacob, Andrew) (Entered: 12/17/2012)

1 Text of Proposed Order

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Dec. 17, 2012 PACER
42

LODGED Proposed Memo in Support of Motion for Preliminary Injunction re: 41 MOTION for Leave to File Excess Pages for Memo in Support of Motion for Preliminary Injunction . Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez. (Jacob, Andrew) (Entered: 12/17/2012)

Dec. 17, 2012 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX129289 as to Victor Viramontes, Nicholas David Espiritu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 18, 2012 PACER
43

ORDER pursuant to General Order 09-08 granting 19 Motion for Admission Pro Hac Vice; granting 20 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: 12/18/2012)

Dec. 18, 2012 PACER
44

STIPULATION regrding Briefing on Plaintiffs' Motion for Preliminary Injunction by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Northup, Doug) (Entered: 12/21/2012)

1 Text of Proposed Order

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Dec. 21, 2012 PACER
45

ORDER granting 41 Motion for Leave to File Excess Pages.Plaintiffs Motion for Preliminary Injunction and memorandum of law, which was lodged with Plaintiffs Unopposed Motion for Leave to File its Motion for Preliminary Injunction and Supporting Memorandum in Excess of Page Limit (Doc. 42), shall be filed by the Clerk of Court. Signed by Judge David G Campbell on 12/26/2012.(TCA) (Entered: 12/26/2012)

Dec. 26, 2012 PACER
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* MEMORANDUM in Support of Motion for Preliminary Injunction 29 by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Entitled "Memorandum in Support of Motion for Preliminary Injunction") (LAD) Modified on 1/11/2013 (LAD). (Entered: 12/26/2012)

Dec. 26, 2012 PACER
47

ORDER pursuant to 44 Stipulation: IT IS HEREBY ORDERED that defendants' response to plaintiffs' motion for preliminary injunction is due January 18, 2013. IT IS FURTHER ORDERED that plaintiffs' reply in support of their motion for preliminary injunction is due January 30, 2013. The parties have advised the Court that they are discussing a potential schedule in connection with resolving the preliminary injunction issues. Therefore, IT IS HEREBY ORDERED that the parties shall submit any such stipulation no later than January 9, 2013. If an agreement is not reached, on or before January 9, 2013, any party may request a conference with the Court so that the parties can make their positions known and the Court can order appropriate deadlines for resolving the preliminary injunction application. Signed by Judge David G Campbell on 12/26/12. (LAD) (Entered: 12/26/2012)

Dec. 26, 2012 PACER
48

MOTION for Admission Pro Hac Vice as to attorney Michael King Thomas Tan on behalf of plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, and Natalia Perez-Gallegos. (BAS) (Entered: 01/03/2013)

Jan. 2, 2013 PACER
49

MOTION for Admission Pro Hac Vice as to attorney Rodkangyil Orion Danjuma on behalf of plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, and Natalia Perez-Gallegos. (BAS) (Entered: 01/03/2013)

Jan. 2, 2013 PACER

PRO HAC VICE FEE PAID. $ 100, receipt number PHX129619 as to Rodkangyil Orion Danjuma, Michael King Thomas Tan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 3, 2013 PACER
50

ORDER pursuant to General Order 09-08 granting 48 Motion for Admission Pro Hac Vice; granting 49 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/03/2013)

Jan. 3, 2013 PACER
51

* JOINT MOTION (REQUEST) FOR CONFERENCE WITH THE COURT by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos, Janice K Brewer, John S Halikowski, Stacey K Stanton. (Irvine, Thomas) * Modified to correct event and add additional filers on 1/8/2013 (LAD). (Entered: 01/07/2013)

Jan. 7, 2013 PACER
52

NOTICE of Appearance by Joseph Sciarrotta, Jr on behalf of Janice K Brewer. (Sciarrotta, Joseph) (Entered: 01/07/2013)

Jan. 7, 2013 PACER
53

ORDER granting 51 Motion for Hearing. A telephonic hearing is set for 1/11/2013 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Plaintiffs shall initiate a conference call (or set up a dial-in number) for all parties and the Court. Signed by Judge David G Campbell on 1/9/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVO) (Entered: 01/09/2013)

Jan. 9, 2013 PACER
54

MOTION for Leave to File Excess Pages for DEFENDANTS' PROPOSED MOTION TO DISMISS COUNTS ONE AND TWO OF PLAINTIFFS COMPLAINT PURSUANT TO RULE 12(B)(6) AND, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EQUAL PROTECTION CLAIM (COUNT TWO) by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Northup, Doug) (Entered: 01/09/2013)

1 Text of Proposed Order

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Jan. 9, 2013 PACER
55

LODGED Proposed DEFENDANTS MOTION TO DISMISS COUNTS ONE AND TWO OF PLAINTIFFS COMPLAINT PURSUANT TO RULE 12(B)(6) AND, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EQUAL PROTECTION CLAIM (COUNT TWO) re: 54 MOTION for Leave to File Excess Pages for DEFENDANTS' PROPOSED MOTION TO DISMISS COUNTS ONE AND TWO OF PLAINTIFFS COMPLAINT PURSUANT TO RULE 12(B)(6) AND, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EQUAL PROTECTION CLAIM (COUNT. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Appendix - Part 1, # 2 Appendix - Part 2)(Northup, Doug) (Entered: 01/09/2013)

1 Appendix - Part 1

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2 Appendix - Part 2

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Jan. 9, 2013 PACER
56

* LODGED PROPOSED DOCUMENT: STATEMENT of FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS EQUAL PROTECTION CLAIM (COUNT TWO) re 55 Lodged Proposed Document, by Defendants Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Index and Exhibits)(Northup, Doug) * Modified to correct event on 1/10/2013 (LAD). (Entered: 01/09/2013)

1 Index and Exhibits

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Jan. 9, 2013 PACER
57

Minute Entry for proceedings held before Judge David G Campbell: Telephone Conference held on 1/11/2013. Discussion held. The docket will be corrected to reflect that doc. 46 is a memorandum in support of the motion for preliminary injunction at doc. 29. IT IS ORDERED granting 54 Motion for Leave to File Excess Pages on defendant's motion to dismiss. Court will enter an order setting forth limited discovery, briefing, and setting of oral argument on plaintiff's motion for preliminary injunction and defendant's motion to dismiss. TELEPHONIC APPEARANCES: Nicholas Espiritu,Shiu-Ming Cheer, Kelly Flood, Linton Joaquin, James Lyall, Jennifer Newell, Karen Tumlin, Victor Viramontes, Tanya Broder for Plaintiffs. Doug Northup, Joseph Sciarrotta Jr, and Sean Hood for Defendants. (Court Reporter Patricia Lyons.) Hearing held 4:03 PM to 4:46 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
58

MOTION to Dismiss Counts One and Two of Plaintiffs' Complaint Pursuant to Rule 12(B)(6) and, in the Alternative, MOTION for Summary Judgment on Plaintiffs' Equal Protection Claim (Count Two) by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Appendix Part 1, # 2 Appendix Part 2) (LAD) (Entered: 01/14/2013)

1 Appendix Part 1

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2 Appendix Part 2

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Jan. 14, 2013 RECAP
59

NOTICE re SERVICE OF WRITTEN DISCOVERY by Janice K Brewer, John S Halikowski, Stacey K Stanton (DEFENDANTS' FIRST SET OF REQUESTS FOR PRODUCTION). (Hood, Sean) (Entered: 01/14/2013)

Jan. 14, 2013 PACER
60

SEPARATE STATEMENT of Facts in Support of 58 MOTION for Summary Judgment on Plaintiffs' Equal Protection Claim (Count Two) by Defendants Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Index and Exhibits)(LAD) (Entered: 01/15/2013)

1 Index and Exhibits

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Jan. 14, 2013 PACER
61

ORDER - The Court will allow four weeks of limited discovery to be completed by February 8, 2013. Defendants shall file their response to the motion for preliminary injunction on or before February 15, 2013. Plaintiffs' reply in support of the motion for preliminary injunction shall be filed on or before March 8, 2013. The Court will hold a hearing on the motion for preliminary injunction on March 22, 2013 at 9:00 a.m. Three hours will be provided for the hearing, but the Court expects that it can be concluded in less time. The March 22, 2013 hearing will also address Defendants' motion to dismiss. The parties should stipulate to a briefing schedule on the motion to dismiss that concludes on March 8, 2013. (See document for full details). Signed by Judge David G Campbell on 1/15/13. (LAD) (Entered: 01/15/2013)

Jan. 15, 2013 PACER
62

MOTION for Admission Pro Hac Vice as to attorney Nora A. Preciado by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Preciado, Nora) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
63

NOTICE re Plaintiffs' First Set of Requests for Production of Documents to Defendants by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos . (Lyall, James) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
64

DECLARATION of Natalia Perez-Gallegos re 30 Memorandum, by Plaintiffs Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Jacob, Andrew) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
65

ORDER. Telephonic Discovery Call set for 1/29/2013 at 11:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Defendants shall set up the conference call to include counsel for all parties and the Court. Signed by Judge David G Campbell on 1/28/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVO) (Entered: 01/28/2013)

Jan. 28, 2013 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX130460 as to Nora A Preciado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 29, 2013 PACER
66

ORDER pursuant to General Order 09-08 granting 62 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
67

STIPULATION Regarding Briefing On: (1) Plaintiffs' Motion for Preliminary Injunction; and (2) Defendants' Motion to Dismiss Counts One and Two of Plaintiffs' Complaint Pursuant to Rule 12(b)(6) and, in the Alternative, Motion for Summary Judgment on Plaintiffs' Equal Protection Claim (Count Two) by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Northup, Doug) (Entered: 01/29/2013)

1 Text of Proposed Order

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Jan. 29, 2013 PACER
68

Minute Entry for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 1/29/2013. Plaintiffs address 3 issues: non-discoverable information, confidential information, motion to quash subpoenas issued to United States Citizenship and Immigration service. Defendants address 2 issues: Protective order as to confidential information, deposition of Governor Jan Brewer. Discussion held. Court will issue an order of the rulings placed on the record. APPEARANCES: Tanya Broder, Nora Preciado,Shiu-Ming Cheer, Orion Danjuma, Nicholas Espiritu, Marty Harper, Linton Joaquin,Jennifer Newell, Michael Tan, Karen Tumlin for Plaintiffs. Sean Hood and Timothy Berg for Defendants (Court Reporter Patricia Lyons.) Hearing held 11:05 AM to 12:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
69

ORDER pursuant to 67 Stipulation, :, Set/Reset Deadlines/Hearing as to 58 MOTION to Dismiss Counts/Claims : Counts One and Two MOTION for Partial Summary Judgment, 29 MOTION for Preliminary Injunction: response to defendants' motion to dismiss/motion for summary judgment shall be 2/20/2013; reply in support of motion to dismiss/motion for summary judgment shall be 3/8/2013. Response to motion for preliminary injunction shall be 2/20/2013. Signed by Judge David G Campbell on 1/29/2013. (NVO) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
70

TRANSCRIPT REQUEST by Janice K Brewer, John S Halikowski, Stacey K Stanton for proceedings held on 01/29/13 before Judge David G. Campbell.. (Hood, Sean) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
71

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 1/29/2013, before Judge David G. Campbell. Court Reporter Patricia Lyons. 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 2/21/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/1/2013. (VAR) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
72

NOTICE re Service of Plaintiffs' Responses to Defendants' First Set of Requests for Production of Documents and Answers Thereto by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos . (Newell, Jennifer) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
73

TRANSCRIPT REQUEST of Telephonic Conference Proceedings held on 1/29/2013, before Judge David G. Campbell. Court Reporter Patricia Lyons by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos for proceedings held on January 29, 2012 before Judge David G. Campbell.. (Tumlin, Karen) (Entered: 02/04/2013)

Feb. 4, 2013 PACER
74

NOTICE re Service by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos re 72 Notice (Other), Plaintiffs' First and Second Supplemental Responses to Defendants' First Set of Requests for Production of Documents. (Newell, Jennifer) (Entered: 02/04/2013)

Feb. 4, 2013 PACER
75

NOTICE re Notice of Service of Plaintiffs' Third Supplemental Response to Defendants' First Set of Requests for Production of Documents by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos . (Lyall, James) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
76

ORDER re discovery telephone conference held on 1/29/2013. Signed by Judge David G Campbell on 2/8/2013. (NVO) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
77

TRANSCRIPT REQUEST by Janice K Brewer, John S Halikowski, Stacey K Stanton for proceedings held on 01/11/13 before Judge Campbell.. (Hood, Sean) (Entered: 02/08/2013)

Feb. 8, 2013 PACER
78

STIPULATION REGARDING AMENDED DISCOVERY DEADLINE by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Hood, Sean) (Entered: 02/08/2013)

1 Text of Proposed Order

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Feb. 8, 2013 PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 1/11/2013, before Judge David G. Campbell. Court Reporter Patricia Lyons. 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 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/13/2013. (VAR) (Entered: 02/11/2013)

Feb. 11, 2013 PACER
80

ORDER pursuant to 78 Stipulation: Discovery due by 2/12/2013. Signed by Judge David G Campbell on 2/19/2013. (NVO) (Entered: 02/19/2013)

Feb. 19, 2013 PACER
81

NOTICE of Change of Address by Doug C Northup. (Northup, Doug) (Entered: 02/19/2013)

Feb. 19, 2013 PACER
82

Joint MOTION for Leave to File Excess Pages for (1) Plaintiffs' Response to Defendants' Motion to Dismiss and, in the Alternative, Motion for Summary Judgment; and (2) Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Text of Proposed Order)(Northup, Doug) (Entered: 02/20/2013)

1 Text of Proposed Order

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Feb. 20, 2013 PACER
83

*Filed at 142 *LODGED Proposed Defendants' Response to Plaintiffs' Motion for Preliminary Injunction (Redacted) re: 82 Joint MOTION for Leave to File Excess Pages for (1) Plaintiffs' Response to Defendants' Motion to Dismiss and, in the Alternative, Motion for Summary Judgment; and (2) Defendants' Response to Plaintiffs' Motion for Preliminary I. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Rebuttal Expert Report and Declaration of Robert Brown, # 2 Exhibit 1 and 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 to 12, # 8 Exhibit 13, # 9 Exhibit 14)(Northup, Doug) *Modified on 6/27/2013 to Seal Document Pursuant to Order 141 (MAP).* (Entered: 02/20/2013)

Feb. 20, 2013 PACER
84

NOTICE re Lodging Defendants' Response to Plaintiffs' Motion for Preliminary Injunction Partially Under Seal by Janice K Brewer, John S Halikowski, Stacey K Stanton . (Attachments: # 1 Certification of Sean Hood)(Northup, Doug) (Entered: 02/20/2013)

1 Certification of Sean Hood

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Feb. 20, 2013 PACER
85

*Filed at Doc. 143 *SEALED LODGED Proposed Defendants' Response to Plaintiffs' Motion for Preliminary Injunction (Unredacted) re 84 Notice of Lodging. Document to be filed by Clerk if Motion to Seal is granted. Filed by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12)(Northup, Doug) *Modified to correct reference to related document on 2/21/2013 (JHER). *Modified on 6/27/2013 (MAP)*. (Entered: 02/20/2013)

Feb. 20, 2013 PACER
86

*Filed at Doc. 147 *LODGED Proposed Plaintiffs' Opposition to Motion to Dismiss and Motion for Summary Judgment, and Plaintiffs Alternative Request for Deferral Under Rule 56(d) re: 86 Notice of Lodging re 58 MOTION to Dismiss Counts/Claims : Counts One and Two MOTION for Partial Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Declaration of Nicholas Espiritu, # 2 Exhibit to Declaration of Nicholas Espiritu, # 3 Declaration of Nora Preciado, # 4 Exhibit 1-3 to Declaration of Nora Preciado, # 5 Exhibit 4-11 to Declaration of Nora Preciado, # 6 Plaintiffs Proposed Statement of Facts, # 7 Text of Proposed Order)(Espiritu, Nicholas) *Modified to correct reference to related document on 2/21/2013 (JHER). *Modified on 6/27/2013 to Unseal Pursuant to Order 141 (MAP)*. (Entered: 02/20/2013)

1 Declaration of Nicholas Espiritu

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2 Exhibit to Declaration of Nicholas Espiritu

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3 Declaration of Nora Preciado

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4 Exhibit 1-3 to Declaration of Nora Preciado

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5 Exhibit 4-11 to Declaration of Nora Preciado

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6 Plaintiffs Proposed Statement of Facts

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7 Text of Proposed Order

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Feb. 20, 2013 PACER
87

NOTICE re LODGING PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS UNDER SEAL by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos re 86 Sealed Lodged Proposed Document,,, . (Attachments: # 1 Certification)(Espiritu, Nicholas) (Entered: 02/20/2013)

1 Certification

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Feb. 20, 2013 PACER
88

LODGED Proposed Plaintiffs' Opposition to Motion to Dismiss and Motion for Summary Judgment, and Plaintiffs Alternative Request for Deferral Under Rule 56(d) (Redacted) re: 58 MOTION to Dismiss Counts/Claims : Counts One and Two MOTION for Partial Summary Judgment, 82 Joint MOTION for Leave to File Excess Pages for (1) Plaintiffs' Response to Defendants' Motion to Dismiss and, in the Alternative, Motion for Summary Judgment; and (2) Defendants' Response to Plaintiffs' Motion for Preliminary I. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Declaration of Nicholas Espiritu, # 2 Exhibit to Declaration of Nicholas Espiritu, # 3 Declaration of Nora Preciado, # 4 Exhibit 1-3 to Declaration of Nora Preciado, # 5 Exhibit 4-11 to Declaration of Nora Preciado, # 6 Plaintiffs Proposed Statement of Facts, # 7 Text of Proposed Order)(Espiritu, Nicholas) (Entered: 02/21/2013)

1 Declaration of Nicholas Espiritu

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2 Exhibit to Declaration of Nicholas Espiritu

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3 Declaration of Nora Preciado

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4 Exhibit 1-3 to Declaration of Nora Preciado

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5 Exhibit 4-11 to Declaration of Nora Preciado

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6 Plaintiffs Proposed Statement of Facts

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7 Text of Proposed Order

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Feb. 21, 2013 PACER
89

ORDER granting 82 Joint Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED that Plaintiffs Response to Defendants' Motion toDismiss and, In the Alternative, Motion for Summary Judgment may exceed the presumptive page limitations prescribed by LRCiv 7.2(e) and may be up to 42 pages in length. IT IS FURTHER ORDERED that Defendants' Response to Plaintiffs' Motion for Preliminary Injunction may exceed the presumptive page limitations prescribed by LRCiv 7.2(e) and may be up to 36 pages in length. IT IS FURTHER ORDERED that the clerk shall file the Parties' respective response briefs (Docs. 83, 88 ) that have been lodged with the Court. IT IS FURTHER ORDERED that the Court will hold a telephonic conference in this matter on March 14, 2013 at 3:30 p.m. Signed by Judge David G Campbell on 3/4/13. (LAD) (Entered: 03/04/2013)

March 4, 2013 PACER
90

*RESPONSE to 29 MOTION for Preliminary Injunction filed by Janice K Brewer, John S Halikowski, Stacey K Stanton. (Attachments: # 1 Rebuttal Expert Report and Declaration of Robert Brown, # 2 Exhibits 1-2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibits 7-12, # 8 Exhibit 13, # 9 Exhibit 14)(LAD) *Modified on 6/27/2013 to Seal Pursuant to Order 141 (MAP)*. (Entered: 03/04/2013)

March 4, 2013 PACER
91

RESPONSE (OPPOSITION) to Defendants' Motion to Dismiss and in the Alternative Motion for Summary Judgment on Plaintiffs' Equal Protection Claim 58 ; Plaintiffs' MOTION (REQUEST) for Deferral Under Rule 56(d) in the Alternative by Arizona Dream Act Coalition, Jesus Castro-Martinez, Christian Jacobo, Alejandra Lopez, Ariel Martinez, Natalia Perez-Gallegos. (Attachments: # 1 Declaration of Nicholas Espiritu, # 2 Exhibits to Espiritu Declaration, # 3 Declaration of Nora A. Preciado, # 4 Exhibits 1-3 to Preciado Declaration, # 5 Exhibits 4-11 to Preciado Declaration, # 6 Response to Separate Statement of Facts and Statement of Additional Facts, # 7 Text of Proposed Order)(LAD) (Entered: 03/04/2013)

1 Declaration of Nicholas Espiritu

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2 Exhibits to Espiritu Declaration

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3 Declaration of Nora A. Preciado

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4 Exhibits 1-3 to Preciado Declaration

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5 Exhibits 4-11 to Preciado Declaration

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6 Response to Separate Statement of Facts and Statement of Additional Facts

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7 Text of Proposed Order

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March 4, 2013 PACER

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 29, 2012

Closing Date: Dec. 10, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several young immigrants residing in Arizona who had been granted deferred action, or would be, pursuant to the DACA program, and had (or would have) employment authorization and a Social Security Number, who were denied a driver's license by the Arizona Motor Vehicles Division.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

MALDEF

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Defendant Type(s):

Jurisdiction-wide

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Disparate Treatment

Drivers Licenses

Discrimination-basis:

Immigration status

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation