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1
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COMPLAINT. Filing fee received: $400.00, receipt number PHX 0970-10223992 filed by Patrick Ralph, Jesus Castro-Byrd, Kent Burbank, Nelda Majors, Josefina Ahumada, Barbara Morrissey, Vicente Talanquer, Kathy Young, Jennifer Hoefle Olson, Kevin Patterson, Jessica Young, CJ Castro-Byrd, Kelli Olson, Michelle Teichner, David Larance, Karen Bailey. (submitted by Daniel Barr) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 03/13/2014)
1 Civil Cover Sheet
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March 12, 2014
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March 12, 2014
PACER
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2
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SUMMONS Submitted by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (submitted by Daniel Barr) (Attachments: # 1 Summons, # 2 Summons)(REK) (Entered: 03/13/2014)
1 Summons
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2 Summons
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March 12, 2014
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March 12, 2014
PACER
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3
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Filing fee paid, receipt number PHX 0970-10223992. This case has been assigned to the Honorable Neil V. Wake. All future pleadings or documents should bear the correct case number: CV-14-00518-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 03/13/2014)
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March 12, 2014
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March 12, 2014
PACER
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4
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Summons Issued as to Tom Horne, William Humble, Michael K Jeanes. (Attachments: # 1 Summons, # 2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/13/2014)
1 Summons
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2 Summons
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March 13, 2014
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March 13, 2014
PACER
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5
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ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants and file a notice of service. Signed by Judge Neil V. Wake on 03/13/2014. (NVW, mh) (Entered: 03/13/2014)
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March 13, 2014
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March 13, 2014
PACER
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Notice of Request for E-Notices
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March 14, 2014
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March 14, 2014
PACER
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Notice of Request for E-Notices
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March 17, 2014
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March 17, 2014
PACER
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6
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Certificate of Service re: Summons in a Civil Action; Complaint for Injunctive and Declaratory Relief; Order (Doc. 5) upon Tom Horne on 3/14/2014. (Eidenbach, Kirstin) (Entered: 03/20/2014)
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March 20, 2014
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March 20, 2014
PACER
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7
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Certificate of Service re: Summons in a Civil Action; Complaint for Injunctive and Declaratory Relief; Order (Doc. 5) upon Michael Jeanes on 3/14/2014. (Eidenbach, Kirstin) (Entered: 03/20/2014)
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March 20, 2014
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March 20, 2014
PACER
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8
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Certificate of Service re: Summons in a Civil Action; Complaint for Injunctive and Declaratory Relief; Order (Doc. 5) upon Will Humble on 3/14/2014. (Eidenbach, Kirstin) (Entered: 03/20/2014)
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March 20, 2014
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March 20, 2014
PACER
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9
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* First MOTION to Consolidate Cases with Connelly et al. v. Roche, No. 2:14-CV-0024 by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Text of Proposed Order) (Associated Cases: CV-14-00518-PHX-NVW, CV-14-0024-PHX-JWS) (Barr, Daniel) * Modified to correct numbers of associated cases on 3/25/2014 (LAD). (Entered: 03/24/2014)
1 Text of Proposed Order
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1 Text of Proposed Order
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March 24, 2014
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March 24, 2014
PACER
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10
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Declaration of Service re: Motion to Consolidate Case with Connelly et al v. Roche, 2:14-CV-2004 (and Proposed Order) upon Defendant Horne on 3/24/14. (Barr, Daniel) (Entered: 03/25/2014)
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March 25, 2014
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March 25, 2014
PACER
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11
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Declaration of Service re: Motion to Consolidate Case with Connelly et al v. Roche, 2:14-CV-2004 (and Proposed Order) upon Defendant Humble on 3/24/14. (Barr, Daniel) (Entered: 03/25/2014)
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March 25, 2014
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March 25, 2014
PACER
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12
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Declaration of Service re: Motion to Consolidate Case with Connelly et al v. Roche, 2:14-CV-2004 (and Proposed Order) upon Defendant Jeanes on 3/24/14. (Barr, Daniel) (Entered: 03/25/2014)
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March 25, 2014
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March 25, 2014
PACER
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13
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MOTION for Admission Pro Hac Vice as to attorney Carmina Ocampo by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (OCampo, Carmina) (Entered: 03/28/2014)
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March 28, 2014
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March 28, 2014
PACER
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14
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MOTION for Admission Pro Hac Vice as to attorney Jennifer C. Pizer by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) (Entered: 03/28/2014)
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March 28, 2014
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March 28, 2014
PACER
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15
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RESPONSE to Motion re: (22 in 2:14-cv-00024-JWS, 22 in 2:14-cv-00024-JWS) First MOTION to Consolidate Cases with Connelly et al. v. Roche, No. 2:14-CV-0024 filed by Peter Bramley, David Chaney, Joseph Connolly, Suzanne Cummins, Christopher L Devine, Jeffrey Ferst, R Mason Hite, IV, Renee Kaminski, Meagan Metz, Natalie Metz, Holly N Mitchell, Terrel L Pochert, Robin Reece, Clark Rowley. (Associated Cases: 2:14-cv-00024-JWS, 2:14-cv-00518-NVW) (Aiken, Shawn) (Entered: 03/31/2014)
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March 31, 2014
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March 31, 2014
PACER
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16
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NOTICE of Appearance by Kathleen Patricia Sweeney on behalf of Tom Horne, William Humble, Michael K Jeanes. (Sweeney, Kathleen) (Entered: 04/03/2014)
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April 3, 2014
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April 3, 2014
PACER
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17
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STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: # 1 Text of Proposed Order Order Granting)(Sweeney, Kathleen) (Entered: 04/03/2014)
1 Text of Proposed Order Order Granting
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April 3, 2014
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April 3, 2014
PACER
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18
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ORDER granting the Stipulation (Doc. 17 ) and extending the time for Defendants Attorney General Thomas C. Horne; Will Humble, the Director of the Department of Health Services; and Michael K. Jeanes, the Clerk of the Superior Court of Maricopa County, to answer or otherwise respond to the Complaint to 04/11/14. Signed by Judge Neil V. Wake on 4/3/14. (NKS) (Entered: 04/03/2014)
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April 3, 2014
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April 3, 2014
PACER
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19
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*NOTICE re: Non-Opposition to Motion to Consolidate filed in CV-14-024-PHX-JWS by Tom Horne, William Humble, Michael K Jeanes . (Sweeney, Kathleen) *Modified to include lead case number on 4/8/2014 (LSP). (Entered: 04/07/2014)
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April 7, 2014
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April 7, 2014
PACER
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Pro Hac Vice Fee Paid
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April 10, 2014
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April 10, 2014
PACER
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20
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ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice; granting 14 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. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 04/10/2014)
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April 10, 2014
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April 10, 2014
PACER
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21
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*AMENDED COMPLAINT for Injunctive and Declaratory Relief against William Humble, Michael K Jeanes filed by Patrick Ralph, Jesus Castro-Byrd, Kent Burbank, Nelda Majors, Josefina Ahumada, Barbara Morrissey, Vicente Talanquer, Kathy Young, Jennifer Hoefle Olson, Kevin Patterson, Jessica Young, CJ Castro-Byrd, Kelli Olson, Michelle Teichner, David Larance, Karen Bailey. (Attachments: # 1 Summons)(Barr, Daniel) *Modified to add plaintiff Equality Arizona and defendant David Raber on 4/11/2014 (LSP). (Entered: 04/10/2014)
1 Summons
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April 10, 2014
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April 10, 2014
PACER
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22
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Summons Issued as to David Raber. (LSP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/11/2014)
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April 11, 2014
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April 11, 2014
PACER
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23
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NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young (Amended Complaint). (Attachments: # 1 Exhibit A)(Barr, Daniel) (Entered: 04/11/2014)
1 Exhibit A
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April 11, 2014
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April 11, 2014
PACER
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24
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SERVICE EXECUTED filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young: Rule 4 Waiver of Service of Summons. Waiver sent on 4/11/14 to David Raber, in his official capacity as Director of Arizona Department of Revenue . (Barr, Daniel) (Entered: 04/14/2014)
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April 14, 2014
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April 14, 2014
PACER
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Pro Hac Vice Fee Paid
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April 15, 2014
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April 15, 2014
PACER
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25
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MOTION for Admission Pro Hac Vice as to attorney Joshua J Johnson on behalf of plaintiffs Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, and Kathy Young. (BAS) (Entered: 04/15/2014)
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April 15, 2014
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April 15, 2014
PACER
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26
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ORDER pursuant to General Order 09-08 granting 25 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. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 04/15/2014)
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April 15, 2014
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April 15, 2014
PACER
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27
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ORDER denying (22) Motion to Consolidate Case 2:14-cv-00024-JWS with case 2:14-cv-00518-NVW. However, the court finds that the cases should be before the same judge. Given that the earlier filed case is on the docket of Judge Sedwick, the Clerk will please transfer the CV-14-00518 case from the docket of Judge Wake to the docket of Judge Sedwick. Henceforth, the CV-14-00518 case shall be identified as Case No. 2:14-cv-00518-JWS. (Associated Cases: 2:14-cv-00024-JWS, 2:14-cv-00518-NVW) (LSP) (Entered: 04/15/2014)
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April 15, 2014
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April 15, 2014
PACER
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28
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NOTICE of Appearance by Byron Jeffords Babione on behalf of William Humble, Michael K Jeanes, David Raber. (Babione, Byron) (Entered: 04/18/2014)
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April 18, 2014
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April 18, 2014
PACER
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29
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NOTICE of Appearance by Jonathan Caleb Dalton on behalf of William Humble, Michael K Jeanes, David Raber. (Dalton, Jonathan) (Entered: 04/18/2014)
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April 18, 2014
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April 18, 2014
PACER
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30
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Defendants' ANSWER to 21 Amended Complaint with Jury Demand and Affirmative Defenses by William Humble, Michael K Jeanes, David Raber.(Sweeney, Kathleen) (Entered: 04/18/2014)
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April 18, 2014
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April 18, 2014
RECAP
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31
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MOTION to Intervene by Chris Sevier. (LSP) (Entered: 04/24/2014)
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April 23, 2014
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April 23, 2014
PACER
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32
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MEMORANDUM in Support of 31 MOTION to Intervene by Intervenor Plaintiff Chris Sevier. (LSP) (Entered: 04/24/2014)
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April 23, 2014
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April 23, 2014
PACER
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33
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*LODGED Proposed "Intervening Complaint and Petition for Declaratory and Injunctive Relief" re: 31 MOTION to Intervene. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Chris Sevier. (LSP) Modified on 8/20/2014 (LSP). (Entered: 04/24/2014)
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April 23, 2014
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April 23, 2014
PACER
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34
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*Joint RESPONSE in Opposition re: 31 MOTION to Intervene as Plaintiff filed by William Humble, Michael K Jeanes, David Raber and All Plaintiffs. (Sweeney, Kathleen) *Modified to reflect correct filers on 4/28/2014 (LSP). (Entered: 04/28/2014)
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April 28, 2014
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April 28, 2014
PACER
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35
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SUPPLEMENT Notice of Supplemental Authority re: 34 Response in Opposition to Motion to Intervene as a Plaintiff by Plaintiffs Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Exhibit A)(Barr, Daniel) (Entered: 05/06/2014)
1 Exhibit A
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May 6, 2014
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May 6, 2014
PACER
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36
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REPLY to Response to Motion re: 31 MOTION to Intervene filed by Chris Sevier. (LSP) (Entered: 05/14/2014)
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May 13, 2014
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May 13, 2014
PACER
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37
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MOTION "to File through ECF Pacer" by Chris Sevier. (LSP) (Entered: 05/14/2014)
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May 13, 2014
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May 13, 2014
PACER
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38
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ORDER FROM CHAMBERS denying 31 Motion to Intervene and denying as moot 37 Motion to File through ECF PACER. (LSP) (Entered: 05/16/2014)
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May 16, 2014
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May 16, 2014
PACER
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Notice of Request for E-Notices
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May 29, 2014
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May 29, 2014
PACER
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39
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Mail Returned as Undeliverable. Mail sent to Chris Sevier. Reason for return: Not Deliverable as Addressed, Unable to Forward. Document number 38. (LSP) (Entered: 05/30/2014)
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May 30, 2014
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May 30, 2014
PACER
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40
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INITIAL CASE STATUS REPORT / CASE SCHEDULING AND PLANNING ORDER. Counsel for all parties must meet within 21 days from service of this order for purposes of jointly completing a scheduling and planning report. Within 28 days from service of this order, counsel for plaintiff shall serve and file the parties' report with the court. In the event the parties to this case are already actively engaged in settlement negotiations, counsel for plaintiff shall so advise the court within seven (7) days following the entry of this order, and shall specify the date by which the parties expect to conclude their settlement negotiations. (JWS) (Entered: 06/09/2014)
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June 9, 2014
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June 9, 2014
PACER
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41
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NOTICE of Appearance by James Andrew Campbell on behalf of William Humble, Michael K Jeanes, David Raber. (Campbell, James) (Entered: 06/20/2014)
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June 20, 2014
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June 20, 2014
PACER
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42
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REPORT of Rule 26(f) Planning Meeting by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) (Entered: 07/07/2014)
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July 7, 2014
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July 7, 2014
PACER
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43
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JUDGE SEDWICK TEXT ORDER. The court has reviewed the report at (Doc. 42 ). The court accepts the report and agrees that this case will likely be resolved by summary judgment. The court adopts the summary judgment briefing schedule suggested by the parties on page 3 of the report at docket 42. Plaintiffs' motion for summary judgment due August 1, 2014. Defendants' response and cross-motion for summary judgment due September 5, 2014. Plaintiffs' combined reply to response to motion for summary judgment and response to defendants' cross-motion for summary judgment due October 6, 2014. Defendants' reply in support of cross-motion for summary judgment due October 27, 2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) Modified on 7/15/2014 (LSP). (Entered: 07/15/2014)
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July 15, 2014
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July 15, 2014
PACER
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44
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STIPULATION to Amend Scheduling Order by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Text of Proposed Order)(Pizer, Jennifer) (Entered: 07/31/2014)
1 Text of Proposed Order
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July 31, 2014
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July 31, 2014
PACER
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45
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NOTICE of Attorney Withdrawal filed by Kathleen Patricia Sweeney. (Sweeney, Kathleen) (Entered: 08/01/2014)
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Aug. 1, 2014
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Aug. 1, 2014
PACER
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46
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STIPULATION Requesting Leave to File Plaintiffs' Second Amended Complaint by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Pizer, Jennifer) (Entered: 08/01/2014)
1 Exhibit 1
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2 Text of Proposed Order
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Aug. 1, 2014
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Aug. 1, 2014
PACER
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47
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NOTICE of Attorney Withdrawal Joshua J.Johnson filed by Carmina OCampo. (OCampo, Carmina) (Entered: 08/04/2014)
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Aug. 4, 2014
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Aug. 4, 2014
PACER
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48
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ORDER granting 44 Stipulation to Amend Scheduling Order. Defendants shall answer the second amended complaint by Friday, August 8, 2014. See PDF document for details. Signed by Judge John W Sedwick on 8/4/14. (LSP) (Entered: 08/04/2014)
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Aug. 4, 2014
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Aug. 4, 2014
PACER
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49
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ORDER granting 46 Stipulation, Plaintiffs' proposed Second Amended Complaint shall be filed. Signed by Judge John W Sedwick on 8/4/14. (LSP) (Entered: 08/04/2014)
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Aug. 4, 2014
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Aug. 4, 2014
PACER
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50
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*SECOND AMENDED COMPLAINT against All Defendants filed by Patrick Ralph, Jesus Castro-Byrd, Kent Burbank, Nelda Majors, Josefina Ahumada, Barbara Morrissey, Vicente Talanquer, Kathy Young, Jennifer Hoefle Olson, Kevin Patterson, Equality Arizona, Jessica Young, CJ Castro-Byrd, Kelli Olson, Michelle Teichner, David Larance, Karen Bailey.(Pizer, Jennifer) *Modified to add plaintiffs Maritnez and McQuire on 8/5/2014 (LSP). (Entered: 08/05/2014)
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Aug. 5, 2014
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Aug. 5, 2014
PACER
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51
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Defendants' ANSWER to 50 Amended Complaint with Jury Demand by William Humble, Michael K Jeanes, David Raber.(Sweeney, Kathleen) (Entered: 08/08/2014)
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Aug. 8, 2014
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Aug. 8, 2014
RECAP
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52
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First MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Summary Judgment and Memorandum in Support by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Text of Proposed Order)(Pizer, Jennifer) (Entered: 08/14/2014)
1 Text of Proposed Order
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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53
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*(Filed at Doc. 59 )--LODGED Proposed Plaintiffs' Motion for Summary Judgment and Memorandum in Support re: 52 First MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Summary Judgment and Memorandum in Support . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) Modified on 8/20/2014 (LSP). (Entered: 08/14/2014)
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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54
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*(Filed at Doc. 60 )--LODGED Proposed Plaintiffs' Separate Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment re: 52 First MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Summary Judgment and Memorandum in Support . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) Modified on 8/20/2014 (LSP). (Entered: 08/14/2014)
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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55
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*(Filed at Doc. 61 )--LODGED Proposed Declaration of Carmina Ocampo in Support of Plaintiffs' Motion for Summary Judgment re: 52 First MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Summary Judgment and Memorandum in Support . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Index & Exhibits A-T)(Pizer, Jennifer) Modified on 8/20/2014 (LSP). (Entered: 08/14/2014)
1 Index & Exhibits A-T
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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56
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First MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Preliminary Injunction by George Martinez, Fred McQuire. (Attachments: # 1 Text of Proposed Order)(Pizer, Jennifer) (Entered: 08/14/2014)
1 Text of Proposed Order
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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57
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*(Filed at Doc. 63 )--LODGED Proposed Motion for Preliminary Injunction of Plaintiffs George Martinez and Fred McQuire and Memorandum of Points and Authorities in Support re: 56 First MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by George Martinez, Fred McQuire. (Attachments: # 1 Text of Proposed Order)(Pizer, Jennifer) Modified on 8/20/2014 (LSP). (Entered: 08/14/2014)
1 Text of Proposed Order
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Aug. 14, 2014
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Aug. 14, 2014
PACER
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58
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ORDER granting 52 Plaintiffs' Motion for Leave to File Excess Pages. The Clerk's Office shall electronically file the Memorandum of Points and Authorities. Signed by Judge John W Sedwick on 8/19/14.(LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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59
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MOTION for Summary Judgment by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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60
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STATEMENT of Facts in Support of 59 MOTION for Summary Judgment by Plaintiffs Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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61
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DECLARATION of Carmina Ocampo in Support of 59 MOTION for Summary Judgment by Plaintiffs Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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62
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ORDER granting 56 Plaintiffs' Motion for Leave to File Excess Pages. The Clerks Office shall electronically file the Memorandum of Points and Authorities. Signed by Judge John W Sedwick on 8/19/14.(LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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63
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MOTION for Preliminary Injunction and Memorandum of Points and Authorities in support by George Martinez, Fred McQuire. (LSP) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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64
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MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support by Fred McQuire. (Attachments: # 1 Text of Proposed Order)(Pizer, Jennifer) (Entered: 09/02/2014)
1 Text of Proposed Order
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Sept. 2, 2014
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Sept. 2, 2014
PACER
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65
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DECLARATION of Jennifer C. Pizer re: 64 MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support by Plaintiff Fred McQuire. (Pizer, Jennifer) (Entered: 09/02/2014)
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Sept. 2, 2014
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Sept. 2, 2014
PACER
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66
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DECLARATION of Frederick "Fred" McQuire re: 64 MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support (Supplemental Declaration) by Plaintiff Fred McQuire. (Pizer, Jennifer) (Entered: 09/02/2014)
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Sept. 2, 2014
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Sept. 2, 2014
PACER
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67
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DECLARATION of Isabel Duff re: 64 MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support by Plaintiff Fred McQuire. (Pizer, Jennifer) (Entered: 09/02/2014)
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Sept. 2, 2014
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Sept. 2, 2014
PACER
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68
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JUDGE SEDWICK TEXT ORDER re 64 MOTION for Temporary Restraining Order. The motion at docket 64 seeking a temporary restraining order requests an expedited decision. The circumstances reflected in the motion papers warrant an expedited decision. Any response to the motion shall be filed no later than September 8, 2014, and a reply may be filed no later than September 10, 2014. The court will hear telephonic oral argument on the motion at docket 64 at 9:00 AM Alaska Time (10:00 AM Arizona Time) on September 12, 2014. To participate call 907-677-6247. Unless otherwise advised at the time of the hearing, each side will be limited to 20 minutes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 09/03/2014)
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Sept. 3, 2014
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Sept. 3, 2014
PACER
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69
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ORDER re: 68 Order Setting Hearing on 64 MOTION for Temporary Restraining Order. Motion Hearing set for 9/12/2014 at 10:00 AM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Judge John W Sedwick. See PDF for further information regarding the hearing. (JWS) (Entered: 09/04/2014)
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Sept. 4, 2014
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Sept. 4, 2014
PACER
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70
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RESPONSE in Opposition re: 64 MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support filed by William Humble, Michael K Jeanes, David Raber. (Babione, Byron) (Entered: 09/08/2014)
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Sept. 8, 2014
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Sept. 8, 2014
PACER
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71
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MOTION for Extension of Time Briefing Deadlines by William Humble, Michael K Jeanes, David Raber. (Attachments: # 1 Text of Proposed Order)(Babione, Byron) (Entered: 09/09/2014)
1 Text of Proposed Order
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Sept. 9, 2014
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Sept. 9, 2014
PACER
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72
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ORDER granting 71 Motion for Extension of Time Deadline: Defendants shall respond to Plaintiffs' summary judgment motion and preliminary injunction motion, and file their cross-motion for summary judgment, by Tuesday, September 16, 2014. Plaintiffs shall reply to Defendants' response to Plaintiffs' preliminary injunction motion by Thursday, October 9, 2014. Plaintiffs shall file their combined (a) reply to Defendants' response to Plaintiffs motion for summary judgment and (b) response to Defendants' cross- motion for summary judgment by Wednesday, October 15, 2014. Defendants shall file their reply in support of their cross-motion for summary judgment by Wednesday, October 29, 2014. Signed by Judge John W Sedwick on 9/10/14.(LSP) (Entered: 09/10/2014)
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Sept. 10, 2014
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Sept. 10, 2014
PACER
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73
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REPLY to Response to Motion re: 64 MOTION for Temporary Restraining Order of Plaintiff Fred McQuire; Memorandum of Points and Authorities in Support filed by Fred McQuire. (Pizer, Jennifer) (Entered: 09/10/2014)
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Sept. 10, 2014
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Sept. 10, 2014
PACER
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74
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MINUTE ENTRY for proceedings held before Judge John W Sedwick: Motion Hearing held on 9/12/2014. Argument to the Court. ORDERED taking under advisement 64 Motion for TRO. Court will issue an order. APPEARANCES: Jennifer Pizer, Daniel Barr, Alexis Danneman, Paul Eckstein, Kirstin Eidenbach, Carmina OCampo, and Barry Stratford for Plaintiffs. James Campbell, Byron Babione, Kenneth Connelly, Jonathan Dalton, Robert Ellman, Kathleen Sweeney for Defendants (Court Reporter Candy Potter.) Hearing held 10:06 AM to 10:40 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 09/12/2014)
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Sept. 12, 2014
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Sept. 12, 2014
PACER
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75
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ORDER GRANTING 64 Motion for TRO. As to plaintiff Fred McQuire only, Arizona officials receiving notice of this order are TEMPORARILY RESTRAINED from enforcing § 1 of Article 30 of the Arizona Constitution, A.R.S. § 25-101(C), A.R.S. § 25-112(A), and any other Arizona law against recognition of the marriage of Fred McQuire to George Martinez; and Defendant Will Humble, in his capacity as Director of the Arizona Department of Health Services, and his agents shall promptly prepare, issue, and accept a death certificate for George Martinez which records his marital status as married and his surviving spouse as Fred McQuire. Signed by Judge John W Sedwick on 9/12/14.(JWS) (Entered: 09/12/2014)
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Sept. 12, 2014
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Sept. 12, 2014
RECAP
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76
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MOTION for Leave to File Overlength Memorandum of Law in Support of Cross-Motion for Summary Judgment with Consolidated Response in Opposition to Plaintiffs' Motion For Summary Judgment by William Humble, Michael K Jeanes, David Raber. (Attachments: # 1 Text of Proposed Order)(Babione, Byron) (Entered: 09/16/2014)
1 Text of Proposed Order
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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77
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*(Filed at Doc. 82 and 83 )--LODGED Proposed Cross-Motion for Summary Judgment and Memorandum of Law in Support with Consolidated Response in Opposition to Plaintiffs' Motion for Summary Judgment re: 76 MOTION for Leave to File Overlength Memorandum of Law in Support of Cross-Motion for Summary Judgment with Consolidated Response in Opposition to Plaintiffs' Motion For Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by William Humble, Michael K Jeanes, David Raber. (Babione, Byron) Modified on 9/18/2014 (LSP). (Entered: 09/16/2014)
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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78
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*STATEMENT of Facts in Support of 82 Cross-Motion for Summary Judgment by Defendants William Humble, Michael K Jeanes, David Raber. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-26, # 3 Exhibit 27-29, # 4 Exhibit 30-36, # 5 Exhibit 37-45, # 6 Exhibit 46-52, # 7 Exhibit 53-59, # 8 Exhibit 60-64, # 9 Exhibit 65-70)(Babione, Byron) *Modified to correct document numbers on 9/18/2014 (LSP). (Entered: 09/16/2014)
1 Exhibit 1-10
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2 Exhibit 11-26
View on PACER
3 Exhibit 27-29
View on PACER
4 Exhibit 30-36
View on PACER
5 Exhibit 37-45
View on PACER
6 Exhibit 46-52
View on PACER
7 Exhibit 53-59
View on PACER
8 Exhibit 60-64
View on PACER
9 Exhibit 65-70
View on PACER
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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79
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*STATEMENT of Controverting Statement of Facts in Response to 59 Plaintiffs' Motion for Summary Judgment by Defendants William Humble, Michael K Jeanes, David Raber. (Babione, Byron) *Modified to add document number on 9/17/2014 (LSP). (Entered: 09/16/2014)
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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80
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RESPONSE in Opposition re: 63 MOTION for Preliminary Injunction filed by William Humble, Michael K Jeanes, David Raber. (Babione, Byron) (Entered: 09/16/2014)
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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81
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ORDER granting 76 Defendants' Motion for Leave to File Overlength Memorandum of Law in Support of Cross-Motion for Summary Judgment with Consolidated Response in Opposition to Plaintiffs' Motion for Summary Judgment. The Clerk's Office shall electronically file the Memorandum of Law. Signed by Judge John W Sedwick on 9/18/14.(LSP) (Entered: 09/18/2014)
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Sept. 18, 2014
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Sept. 18, 2014
PACER
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82
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CROSS MOTION for Summary Judgment by William Humble, Michael K Jeanes, David Raber. (LSP) (Entered: 09/18/2014)
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Sept. 18, 2014
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Sept. 18, 2014
PACER
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83
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RESPONSE to Motion re: 59 MOTION for Summary Judgment filed by William Humble, Michael K Jeanes, David Raber. (LSP) (Entered: 09/18/2014)
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Sept. 18, 2014
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Sept. 18, 2014
PACER
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84
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ORDER [JUDGE SEDWICK TEXT ORDER]. This is a housekeeping order. The court having granted the motion at (Doc. 64 ), the motion at (Doc. 63 ) is denied as moot. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) Modified on 9/22/2014 (LSP). (Entered: 09/22/2014)
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Sept. 22, 2014
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Sept. 22, 2014
PACER
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85
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*REPLY to Response to Motion re: 59 MOTION for Summary Judgment and RESPONSE to Motion re: 82 MOTION for Summary Judgment filed by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) *Modified to correct event type on 10/14/2014 (LSP). (Entered: 10/14/2014)
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Oct. 14, 2014
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Oct. 14, 2014
PACER
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86
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NOTICE re: Supplemental Authority by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young re: 85 Reply to Response to Motion . (Attachments: # 1 Exhibit A)(Pizer, Jennifer) (Entered: 10/15/2014)
1 Exhibit A
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Oct. 15, 2014
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Oct. 15, 2014
PACER
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87
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*STATEMENT of Controverting Facts re: 85 Response to 82 Motion for Summary Judgment by Plaintiffs Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Pizer, Jennifer) *Modified to add and correct document numbers on 10/16/2014 (LSP). (Entered: 10/15/2014)
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Oct. 15, 2014
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Oct. 15, 2014
PACER
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88
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ORDER AND OPINION granting 59 Plaintiff's Motion for Summary Judgment. This court hereby declares Article 30, Section 1, of the Arizona Constitution; A.R.S § 25-101; and A.R.S. § 25-125(A) unconstitutional because they deny same-sex couples the equal protection of the law. It is further ordered that defendants are hereby ordered to permanently cease enforcement of those provisions of Arizona law declared unconstitutional by this order. The court declines to stay the effect of this order. IT IS FURTHER ORDER denying as moot 82 Defendats' Motion for Summary Judgment. Signed by Judge John W Sedwick on 10/16/14.(LSP) (Entered: 10/17/2014)
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Oct. 17, 2014
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Oct. 17, 2014
RECAP
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89
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CLERK'S JUDGMENT it is ordered and adjudged that pursuant to the Courts Order filed October 17, 2014, judgment is entered in favor of plaintiffs and against defendants. This action is hereby terminated. (LSP) (Entered: 10/17/2014)
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Oct. 17, 2014
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Oct. 17, 2014
PACER
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90
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STIPULATION To Extend Time To File A Motion For Attorneys Fees And Bill Of Costs by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Text of Proposed Order Proposed Order Extending Time for Filing Motion for Attorneys' Fees and Costs)(Pizer, Jennifer) (Entered: 10/24/2014)
1 Text of Proposed Order Proposed Order Extending Time for Filing Motion for Attor
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Oct. 24, 2014
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Oct. 24, 2014
PACER
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91
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ORDER granting 90 Stipulation: Plaintiffs' motion for attorneys' fees and a bill of costs may be filed on or before December 1, 2014. Signed by Judge John W Sedwick on 10/27/14. (LSP) (Entered: 10/27/2014)
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Oct. 27, 2014
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Oct. 27, 2014
PACER
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92
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NOTICE of Attorney Withdrawal Babione, Campbell, Connelly, Dalton filed by Kathleen Patricia Sweeney. (Sweeney, Kathleen) (Entered: 10/27/2014)
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Oct. 27, 2014
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Oct. 27, 2014
RECAP
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93
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*NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 89 Clerk's Judgment and 88 Order by William Humble, Michael K Jeanes, David Raber. Filing fee received: $ 505.00, receipt number 0970-11074074. (Sweeney, Kathleen) *Modified to add document number on 11/18/2014 (LSP). (Entered: 11/17/2014)
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Nov. 17, 2014
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Nov. 17, 2014
PACER
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94
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USCA Case Number re: 93 Notice of Appeal. Ninth Circuit Case Number 14-17276. (Copies sent by Ninth Circuit) (LFIG) (Entered: 11/18/2014)
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Nov. 18, 2014
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Nov. 18, 2014
PACER
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95
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STIPULATION To Extend Time To File A Motion For Attorneys' Fees And Bill Of Costs by Josefina Ahumada, Karen Bailey, Kent Burbank, CJ Castro-Byrd, Jesus Castro-Byrd, Equality Arizona, David Larance, Nelda Majors, George Martinez, Fred McQuire, Barbara Morrissey, Jennifer Hoefle Olson, Kelli Olson, Kevin Patterson, Patrick Ralph, Vicente Talanquer, Michelle Teichner, Jessica Young, Kathy Young. (Attachments: # 1 Text of Proposed Order Proposed Order Extending Time For Filing Motion For Attorneys' Fees And Costs)(Pizer, Jennifer) (Entered: 11/25/2014)
1 Text of Proposed Order Proposed Order Extending Time For Filing Motion For Attor
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Nov. 25, 2014
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Nov. 25, 2014
PACER
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