Case: Reed v. Town of Gilbert

2:07-cv-00522 | U.S. District Court for the District of Arizona

Filed Date: March 8, 2007

Closed Date: Dec. 30, 2015

Clearinghouse coding complete

Case Summary

The town of Gilbert, Arizona, enacted a town code that limited the number of signs churches could place announcing the time and place of their meetings. On March 8, 2007, Good New Presbyterian Church, represented by attorneys from the Alliance Defense Fund, challenged this code by filing this § 1983 action in the U.S. District Court for the District of Arizona. The plaintiffs alleged that the code violated the Free Speech Clause of the First Amendment because the code regulated signs based on t…

The town of Gilbert, Arizona, enacted a town code that limited the number of signs churches could place announcing the time and place of their meetings. On March 8, 2007, Good New Presbyterian Church, represented by attorneys from the Alliance Defense Fund, challenged this code by filing this § 1983 action in the U.S. District Court for the District of Arizona. The plaintiffs alleged that the code violated the Free Speech Clause of the First Amendment because the code regulated signs based on the content of the speech. Specifically, the plaintiffs noted that the code allegedly afforded ideological and political signs more protections than signs for religious assemblies. Additionally, the plaintiffs alleged that the code violated the Equal Protection Clause of the Fourteenth Amendment because groups and individuals similarly situated to the Good News Presbyterian Church were allowed to display larger signs, more signs, signs without time limits, and signs that are not restricted to certain areas. The code violated the Free Exercise Clause of the First Amendment because the sign restrictions hindered the plaintiffs’ ability to invite others to their services, which was an instruction of their sincerely-held religious beliefs. The plaintiffs also alleged that the code violated the Arizona Religious Freedom Amendment because it penalized the exercise of religion by subject it to greater restrictions that were not applicable to other activities. Finally, the plaintiffs alleged that the code violated the Due Process Clause of the Fourteenth Amendment because the code did not define what would be considered an “ideological” sign and, thus, there was allegedly no warning or notice as to what would be considered an ideological sign. For these violations, the plaintiffs sought declaratory and injunctive relief.

On March 30, 2007, the plaintiffs moved for a preliminary injunction against the defendants that would keep them from enforcing the town code. On April 17, 2007, the defendants also moved for a preliminary injunction. The defendants stated that the parties stipulated to an injunction pending the outcome of the litigation and asked the district court to enter it. On May 9, 2007, the court entered the stipulated preliminary injunction.

On January 8, 2008, the town amended its code. The changes allowed event signs to be displayed for 12 hours before the event, stated that four signs per property were permitted, and permitted non-profit organizations to display signs in addition to religious assemblies. The plaintiffs filed an amended complaint that alleged that the amended sign code still violated Free Speech, Free Exercise, Equal Protection, and Arizona state law. The amended complaint no longer alleged that the town code violated the Due Process Clause of the Fourteenth Amendment.

Following the amendments, the plaintiffs moved for a second preliminary injunction that would enjoin the defendants from enforcing the amended code. The court denied the plaintiff’s motion for a second preliminary injunction on September 30, 2008. 2008 WL 11339947.

On October 27, 2008, the plaintiffs appealed the district court’s denial of their preliminary injunction to the Ninth Circuit.

On November 5, 2008 the defendants moved for summary judgment. However, on December 2, 2008, the district court ordered that the plaintiff’s response to the motion for summary judgment would be stayed until the Ninth Circuit ruled on plaintiff’s appeal.

On November 20, 2009, the Ninth Circuit upheld the district court’s denial of the second preliminary injunction. The Ninth Circuit held that the code was a content-neutral regulation that did not impermissible favor commercial speech over non-commercial speech. The Ninth Circuit then remanded the case to the district court to consider the plaintiff’s allegations that the code violated the First Amendment and Equal Protection Clause by favoring some noncommercial speech over other non-commercial speech. 587 F.3d 966.

The case then proceeded to discovery.

On August 27, 2010, both parties moved for summary judgment. On February 11, 2011, the district court granted the town of Gilbert’s motion for summary judgment stating that the Code did not violate the First Amendment’s Freedom of Speech because the code did not distinguish on the basis of the message. Additionally, the district court found that the code did not violate the Equal Protection Clause because the code did not regulate on the basis of content, “but rather to address legitimate concerns of safety and aesthetics.” The district court also found that the code did not violate the Free Exercise Clause because the code, while applying restrictions to qualifying event signs that were different from those applied to political and ideological signs, did not apply restrictions that were more restrictive. Additionally, the court noted that the qualifying event sign restrictions applied to both the plaintiffs and “any other non-profit wishing to direct the public to an event.” Finally, the district court found that the code did not violate Arizona state law because it did not compel the plaintiffs to do something in violation of their religious beliefs. 832 F.Supp.2d 1070.

On March 11, 2011, the plaintiffs appealed the district court’s decision to the Ninth Circuit.

On February 8, 2013, the Ninth Circuit affirmed the district court’s decision. The Ninth Circuit stated that the code was permissible, as there was no discrimination “among similar events or speakers” and that the treatment on the signs was content neutral. Additionally, the Ninth Circuit stated that the code did not violate the plaintiffs’ right to free exercise of religion or equal protection of the laws. 707 F.3d 1057.

The plaintiffs then petitioned for certiorari to the United States Supreme Court, and the Supreme Court granted certiorari on July 1, 2014. 573 U.S. 957.

The Supreme Court reversed the Ninth Circuit’s decision on June 18, 2015. The Supreme Court held that the signs were content based and, thus, the code must be subject to strict scrutiny. The Supreme Court found the code lacked narrow tailoring because the code was “hopelessly underinclusive” because of the greater flexibility it allowed ideological and political signs to operate with. As a result, the Supreme Court found the town code unconstitutional under the First Amendment. The Court then remanded to the district court consistent with the opinion. 135 S.Ct. 2218.

On December 30, 2015, the district court entered a permanent injunction with prejudice against the town from enforcing the code. No attorneys' fees were awarded and the case is now closed.

Summary Authors

Cianan Lesley (2/26/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4132204/parties/reed-v-gilbert-town-of/


Judge(s)

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

Bolton, Susan Ritchie (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

McKeown, M. Margaret (California)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Cortman, David A. (Georgia)

Tedesco, Jeremy D. (Arizona)

Attorneys(s) for Defendant

Alvarado, Kim Seibert (Arizona)

Grasso, Robert Jr. (Arizona)

Judge(s)

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

Bolton, Susan Ritchie (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

McKeown, M. Margaret (California)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Bull, Benjamin W. (Arizona)

Cortman, David A. (Georgia)

Tedesco, Jeremy D. (Arizona)

Attorneys(s) for Defendant

Alvarado, Kim Seibert (Arizona)

Grasso, Robert Jr. (Arizona)

Savrin, Phillip W. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 30, 2015 Docket
1

Complaint

March 8, 2007 Complaint
32

Amended Complaint

Feb. 12, 2008 Complaint
72

COA Mandate and Opinion Affirming District Court's Decision

U. S. Court of Appeals for the Ninth Circuit

Dec. 16, 2009 Order/Opinion
117

Order Denying Plaintiffs' Motion for Summary Judgment

832 F.Supp.2d 1070, 2011 WL 5924381

Feb. 11, 2011 Order/Opinion

COA Opinion

U. S. Court of Appeals for the Ninth Circuit

707 F.3d 1057

Feb. 8, 2013 Order/Opinion

Supreme Court Opinion Reversing COA Judgment

Supreme Court of the United States

135 S.Ct. 2218, 192 L.Ed.2d 236

June 18, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132204/reed-v-gilbert-town-of/

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

ECF Number Description Date Link
1

COMPLAINT, filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Civil Cover Sheet)(Tedesco, Jeremy) (Entered: 03/08/2007)

1 Civil Cover Sheet

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March 8, 2007 RECAP
2

Filing fee paid 03/09/07, receipt number PHX055418. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV07-522-PHX-MHB. Magistrate Election form attached. (Attachments: # 1 instructions)(entered by PEM) (Entered: 03/12/2007)

1 instructions

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March 8, 2007 PACER
3

Summons Issued as to Gilbert, Town of, Adam Adams. (Attachments: # 1 Adams)(entered by PEM) (Entered: 03/12/2007)

1 Adams

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March 12, 2007 PACER
4

MOTION for Admission Pro Hac Vice as to attorney David A Cortman on behalf of plaintiffs. (BAS, ) (Entered: 03/14/2007)

March 14, 2007 PACER
5

ORDER pursuant to General Order 05-25 granting 4 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/14/2007)

March 14, 2007 PACER
6

SUMMONS Returned Executed by Clyde Reed. Adam Adams served on 3/15/2007. (Tedesco, Jeremy) (Entered: 03/27/2007)

March 27, 2007 PACER
7

SUMMONS Returned Executed by Clyde Reed. Gilbert, Town of served on 3/15/2007. (Tedesco, Jeremy) (Entered: 03/27/2007)

March 27, 2007 PACER
8

MOTION for Preliminary Injunction and Supporting Memorandum of Law by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit Exhibits 1-5# 2 Exhibit Exhibit 6)(Tedesco, Jeremy) (Entered: 03/30/2007)

1 Exhibit Exhibits 1-5

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2 Exhibit Exhibit 6

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March 30, 2007 PACER
9

Defendants' ANSWER to Complaint by Gilbert, Town of, Adam Adams.(Alvarado, Kim) (Entered: 04/04/2007)

April 4, 2007 RECAP
10

DEMAND for Trial by Jury by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/04/2007)

April 4, 2007 PACER
11

STIPULATION to Extend Time to File Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/12/2007)

April 12, 2007 RECAP
12

MOTION for Preliminary Injunction by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/17/2007)

April 17, 2007 RECAP
13

Ordered that Clyde Reed, Good News Presbyterian Church show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 5/15/2007 04:30 PM before Judge Mary H Murguia. (Attachments: # 1 # 2)(MAP) (Entered: 04/23/2007)

April 23, 2007 PACER
14

Ordered that Town of Gilbert and Adam Adams show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 5/15/2007 04:30 PM before Judge Mary H Murguia. (Attachments: # 1 # 2)(MAP) (Entered: 04/23/2007)

April 23, 2007 PACER
15

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 04/26/2007)

April 25, 2007 PACER
16

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 04/26/2007)

April 25, 2007 PACER
17

MINUTE ORDER Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Susan R. Bolton. All further pleadings/papers should now list the following COMPLETE case number: CV-07-522-PHX-SRB. FURTHER ORDERED vacating the Order to Show Cause hearings set for 5/15/07. (MAP) (Entered: 04/26/2007)

April 26, 2007 PACER
18

ORDER: Scheduling Conference set on 6/18/07 at 11:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 5/2/07. (MAW) (Entered: 05/02/2007)

May 2, 2007 PACER
19

ORDER ON STIPULATED PRELIMINARY INJUNCTION. ORDERED withdrawing 8 Plaintiffs' Motion for Preliminary Injunction; granting 12 Motion for Preliminary Injunction. Defendants shall be enjoined from enforcing Chapter I, 4.402(P) of Defendants' Land Development Code against Plaintiffs pending the outcome of this litigation; Plaintiffs shall not be required to give security pursuant to Fed.R.Civ.P. 65(d). Signed by Judge Susan R Bolton on 5/7/07.(TLJ) (Entered: 05/09/2007)

May 9, 2007 RECAP
20

STIPULATION re 18 Order, Set Hearings to Stay Discovery Deadlines by Clyde Reed. (Tedesco, Jeremy) (Entered: 05/11/2007)

May 11, 2007 PACER
21

ORDERED that discovery and all deadlines set in this Court's 5/2/07 Order setting Rule 16 Scheduling Conference are stayed until such time as the Town of Gilbert amends and adopts its sign ordinance; the Rule 16 conference set for 6/18/07 is vacated; and the parties must notify the Court regarding the status of settlement negotiations within 14 days of the Town of Gilbert's adoption of the new sign ordinance. Signed by Judge Susan R Bolton on 5/11/07. (TLJ) (Entered: 05/11/2007)

May 11, 2007 RECAP
22

NOTICE of Change of Address by Jeremy David Tedesco (Tedesco, Jeremy) (Entered: 01/10/2008)

Jan. 10, 2008 PACER
23

MOTION to Amend/Correct re Verified Complaint by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1 - Proposed Amended Complaint, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 01/10/2008)

1 Exhibit 1 - Proposed Amended Complaint

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2 Text of Proposed Order

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Jan. 10, 2008 PACER
24

LODGED Proposed Amended Verified Complaint re: 23 MOTION to Amend/Correct re Verified Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1-6)(Tedesco, Jeremy) (Entered: 01/10/2008)

1 Exhibit 1-6

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Jan. 10, 2008 PACER
25

Notice re Plaintiffs' Notice that Defendants' Amended Code Fails to Resolve This Case by Clyde Reed, Good News Presbyterian Church re 21 Order, Terminate Hearings,, (Tedesco, Jeremy) (Entered: 01/10/2008)

Jan. 10, 2008 PACER
26

Second MOTION for Preliminary Injunction and Supporting Memorandum of Law by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1-4, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 01/10/2008)

1 Exhibit 1-4

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2 Text of Proposed Order

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Jan. 10, 2008 PACER
27

STIPULATION re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law, 23 MOTION to Amend/Correct re Verified Complaint Stipulation To Extend Time To File Defendants Response to Plaintiffs Second Motion for Preliminary Injunction And Motion For Leave To File Amended Verified Complaint by Gilbert, Town of, Adam Adams. (Attachments: # 1 Text of Proposed Order Proposed Order)(Alvarado, Kim) (Entered: 01/15/2008)

1 Text of Proposed Order Proposed Order

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Jan. 15, 2008 RECAP
28

ORDER granting 27 STIPULATION To Extend Time. IT IS HEREBY ORDERED that Defendants have until February 8, 2008, to respond to Plaintiffs' Second Motion for Preliminary Injunction and Motion for Leave to File Amended Verified Complaint. Signed by Judge Susan R Bolton on 1/16/08. (MAW) (Entered: 01/16/2008)

Jan. 16, 2008 PACER
29

Notice re Defendants Notice of Non-Opposition To Plaintiffs Motion For Leave To File Amended Verified Complaint by Gilbert, Town of, Adam Adams re 23 MOTION to Amend/Correct re Verified Complaint (Alvarado, Kim) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
30

RESPONSE to Motion re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law Defendants Response To Plaintiffs Second Motion For Preliminary Injunction filed by Gilbert, Town of, Adam Adams. (Attachments: # 1 Exhibit Exhibit Index and Exhibit A)(Alvarado, Kim) (Entered: 02/08/2008)

1 Exhibit Exhibit Index and Exhibit A

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Feb. 8, 2008 PACER
31

ORDER - IT IS ORDERED granting Plaintiffs' 23 Motion for Leave to File Amended Verified Complaint. Signed by Judge Susan R Bolton on 2/12/08.(SAT) (Entered: 02/12/2008)

Feb. 12, 2008 PACER
32

FIRST AMENDED VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Gilbert, Town of, Adam Adams, filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibits) (SAT) Modified on 2/13/2008, DOCKET MODIFIED TO ADD Good News Community Church and TERMINATE Good News Presbyterian Church TO THIS CASE, (LSP). (Entered: 02/12/2008)

1 Exhibits

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Feb. 12, 2008 PACER
33

REPLY to Response to Motion re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 02/15/2008)

Feb. 15, 2008 PACER
34

ORDER: IT IS ORDERED setting Plaintiffs' Second Motion for Preliminary Injunction 26 for oral argument on Monday, March 24, 2008 at 11:00 a.m. in Courtroom 502, 401 West Washington Street, Phoenix, Arizona. Signed by Judge Susan R Bolton on 2/21/08. (MAW) (Entered: 02/21/2008)

Feb. 21, 2008 PACER
35

ANSWER to 32 Amended Complaint, by Gilbert, Town of, Adam Adams.(Alvarado, Kim) (Entered: 02/27/2008)

Feb. 27, 2008 RECAP
36

Minute Order: On the Court's Own Motion due to scheduling conflict, IT IS ORDERED resetting Hearing re: 26 Second MOTION for Preliminary Injunction IN TIME ONLY from 11:00 AM to 03:30 PM on 3/24/08 before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 03/14/2008)

March 14, 2008 PACER
37

Minute Entry. Proceedings held before Judge Susan R Bolton: Hearing held re: Plaintiffs' Second Motion for Preliminary Injunction. Argument presented. IT IS ORDERED directing counsel to file simultaneous memorandum (no responses to be filed) within 10 days of this date, not to exceed 5 pages, stating the discovery required for this case to proceed to the permanent injunction stage or whether the Court can enter a permanent injunction based on the pleadings filed by counsel. IT IS FURTHER ORDERED taking under advisement 26 Plaintiffs' Second Motion for Preliminary Injunction. (Court Reporter Kim Moll)(MAW) (Entered: 03/25/2008)

March 24, 2008 PACER
38

TRANSCRIPT DESIGNATION AND ORDER FORM by Good News Community Church, Clyde Reed for proceedings held on 03/24/2008 before Judge Susan R. Bolton. (Tedesco, Jeremy) (Entered: 03/31/2008)

March 31, 2008 PACER
39

MEMORANDUM re: Addressing Whether Discovery is Needed Prior to this Case Proceeding to the Permanent Injunction Stage re 37 Order on Motion for Preliminary Injunction, Motion Hearing,,,, by Plaintiffs Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 04/03/2008)

April 3, 2008 PACER
40

MEMORANDUM re: Defendants Memorandum Regarding Discovery For Permanent Injunction re 37 Order on Motion for Preliminary Injunction, Motion Hearing,,,, by Defendants Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/07/2008)

April 7, 2008 PACER
41

TRANSCRIPT of Proceedings re: Hearing Regarding Plaintiffs' Second Motion for Preliminary Injunction held on 3/24/08 before Judge Susan R Bolton. Court Reporter: Kim R Moll. 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 5/28/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/5/2008. (BAS, ) (Entered: 05/08/2008)

May 7, 2008 PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) (Entered: 05/08/2008)

May 8, 2008 PACER
43

ORDER denying Pla's Second 26 Motion for Preliminary Injunction. Signed by Judge Susan R Bolton on 09/30/08.(ESL) (Entered: 10/01/2008)

Sept. 30, 2008 PACER
44

ORDER: Scheduling Conference set on 12/1/08 at 01:15 PM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 10/1/08. (MAW) (Entered: 10/01/2008)

Oct. 1, 2008 PACER
45

NOTICE OF APPEAL to 9th Circuit, as to 43 Order on Motion for Preliminary Injunction by Good News Community Church, Clyde Reed. Filing fee received: $ 455.00, receipt number 09700000000002325156. (Tedesco, Jeremy) (Entered: 10/27/2008)

Oct. 27, 2008 PACER
46

Representation Statement by Good News Community Church, Clyde Reed re 45 Notice of Appeal (Tedesco, Jeremy) (Entered: 10/27/2008)

Oct. 27, 2008 PACER
47

APPEAL PROCESSED to Ninth Circuit re: 45 Notice of Appeal (Interlocutory/Preliminary Injunction) filed by Clyde Reed, Good News Community Church. Filed dates for: Notice of Appeal *10/27/2008*, *Complaint* *3/8/2007*, Appealed Order *9/30/2008***. Court Reporter *Kim Moll 602-322-7252* Fee Status: *Paid on 10/27/2008 in the amount of $455.00*.************. Appellant Attorney: *Jeremy David Tedesco, Benjamin W. Bull, David A. Cortman* *(ret)* *bbull@telladf.org, dcortman@telladf.org, jtedesco@telladf.org*. Appellee Attorney: *Kim Seibert Alvarado, Robert Grasso, Jr.* *(ret)* *kalvarado@grassolawfirm.com, rgrasso@grassolawfirm.com*** (LAD) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
48

CADS Sent re 45 Notice of Appeal: Civil Appeals docketing sent to 9th Circuit on this date. (LAD) (Entered: 10/29/2008)

Oct. 29, 2008 PACER
49

Ninth Circuit Case Number 08-17384 for 45 Notice of Appeal. (ESL, ) (Entered: 10/31/2008)

Oct. 31, 2008 PACER
50

ORDER of 9th Circuit, this is a preliminary injunction appeal, Ninth Circuit Rule 3-3 shall apply; if they have not already done so, within 7 calendar days the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal; remaining briefing schedule set; if appellants fail to timely file the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute, re: 08-17384 45 Notice of Appeal (REW, ) (Entered: 11/03/2008)

Nov. 3, 2008 PACER
51

MOTION for Summary Judgment by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 11/05/2008)

Nov. 5, 2008 RECAP
52

STATEMENT of Defendants' Statement of Facts in Support of Motion for Summary Judgment re 51 MOTION for Summary Judgment by Defendants Gilbert, Town of, Adam Adams. (Attachments: # 1 Exhibit Exhibit A to Defendants' Statement of Facts in Support of Motion for Summary Judgment)(Alvarado, Kim) (Entered: 11/05/2008)

1 Exhibit Exhibit A to Defendants' Statement of Facts in Support of Motion fo

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Nov. 5, 2008 PACER
53

MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 11/06/2008)

1 Text of Proposed Order

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Nov. 6, 2008 PACER
54

RESPONSE to Motion re 53 MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law Defendants Response To Plaintiffs Motion To Stay Proceedings Pending Resolution Of Appeal filed by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 11/17/2008)

Nov. 17, 2008 PACER
55

NOTICE of Change of Address by Kim Seibert Alvarado (Alvarado, Kim) (Entered: 11/18/2008)

Nov. 18, 2008 PACER
56

REPLY in Support re 53 MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
57

REPORT re: Rule 26(f) Planning Meeting by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 11/21/2008)

Nov. 21, 2008 PACER
58

MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law by Good News Community Church, Clyde Reed. (Attachments: # 1 Exhibit 1-3, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 11/24/2008)

1 Exhibit 1-3

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2 Text of Proposed Order

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Nov. 24, 2008 RECAP
59

STIPULATION re 51 MOTION for Summary Judgment to Stay Plaintiffs' Due Date for Response to Defendants' Motion for Summary Judgment Until After This Court Rules on Plaintiffs' Rule 56(f) Motion by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 12/01/2008)

1 Text of Proposed Order

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Dec. 1, 2008 PACER
60

Minute Entry. Proceedings held before Judge Susan R Bolton: Scheduling Conference held on 12/1/08. For reasons as stated on the record, IT IS ORDERED denying Plaintiff's Motion to Stay Pending Resolution of Appeal 53 . Deadlines discussed and entered. Scheduling Order to follow. A copy of the Joint Proposed Pretrial Order is provided to counsel this date. (Court Reporter Kim Moll)(MAW) (Entered: 12/02/2008)

Dec. 1, 2008 PACER
61

DOCUMENT 61 VACATED PURSUANT TO ORDER 71 FILED 12/24/08. SCHEDULING ORDER: Discovery due by 4/24/09. Dispositive motions due by 5/29/09. Proposed Pretrial Order due by 10/26/09. Final Pretrial Conference set on 11/2/09 at 10:30 AM before Judge Susan R Bolton. Jury Trial set on 11/10/09 at 09:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 12/2/08. (MAW) Modified on 12/24/2008 (DNH). (Entered: 12/02/2008)

Dec. 2, 2008 PACER
62

ORDER granting 59 Stipulation of the Parties. IT IS HEREBY ORDERED that the due date for Plaintiffs' response to Defendants' summary judgment motion is stayed until this Court rules on Plaintiffs' pending Fed.R.Civ.Pro. 56(f) motion. The parties shall file a stipulation regarding an agreed to briefing schedule in relation to Defendants' summary judgment motion within 5 business days of the entry of this Court's ruling on Plaintiffs' Rule 56(f) motion. Signed by Judge Susan R Bolton on 12/2/08. (MAW) (Entered: 12/02/2008)

Dec. 2, 2008 PACER
63

Notice re Notice Of Service Of Defendants Initial Rule 26(a)(1) Disclosure Statement by Gilbert, Town of, Adam Adams (Alvarado, Kim) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
64

Notice re Service of Plaintiffs' Fed. R. Civ. P. 26(a) Initial Disclosures by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 12/08/2008)

Dec. 8, 2008 PACER
65

Notice re Service of Plaintiffs' First Set of Interrogatories and First Set of Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
66

RESPONSE to Motion re 58 MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law Defendants Response To Plaintiffs Motion Pursuant to Fed. R. Civ. P. 56(f) For Relief From Defendants Motion For Summary Judgment filed by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 12/12/2008)

Dec. 12, 2008 PACER
67

Notice re Defendants Notice Of Correction by Gilbert, Town of, Adam Adams re 30 Response to Motion, (Alvarado, Kim) (Entered: 12/16/2008)

Dec. 16, 2008 PACER
68

WITHDRAWAL OF DOCUMENT Of Dfts' Motion For Summary Judgment And Statement Of Facts by Gilbert, Town of, Adam Adams re 51 MOTION for Summary Judgment, 52 Statement, (Alvarado, Kim) Modified on 12/17/2008 (LAD,). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO WITHDRAWAL OF DOCUMENT. (Entered: 12/16/2008)

Dec. 16, 2008 PACER
69

ORDER that 51 Defendants' Motion for Summary Judgment and 52 Statement of Fact are withdrawn. IT IS THEREFORE ORDERED denying as moot 58 Plaintiffs' Motion for Relief from Defendants' Motion for Summary Judgment. Signed by Judge Susan R Bolton on 12/17/08.(LSP) (Entered: 12/17/2008)

Dec. 17, 2008 PACER
70

STIPULATION to Stay District Court Proceedings While Plaintiffs Pursue Appeal by Good News Community Church, Clyde Reed. Gilbert, Town of and Adam Adams. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) Modified on 12/19/2008 (LAD). DOCKET TEXT MODIFIED TO REFLECT ADDITIONAL FILERS. (Entered: 12/18/2008)

1 Text of Proposed Order

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Dec. 18, 2008 PACER
71

ORDER pursuant to 70 Stipulation: All proceedings in this Court are stayed until the Ninth Circuit Court of Appeals disposes of Plaintiffs' appeal of the Order denying their Second Motion for Preliminary Injunction. The Court's Rule 16 Scheduling Order 61 is hereby vacated. Signed by Judge Susan R Bolton on 12/23/08. (DNH) (Entered: 12/24/2008)

Dec. 24, 2008 PACER
72

MANDATE of 9th Circuit affirming District Court decision in part and REMANDING in part re case number 08-17384, as to 45 Notice of Appeal. (Attachments: #(1) Opinion, #(2) NDA). (LSP) (Entered: 12/16/2009)

1 Opinion

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2 NDA

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Dec. 16, 2009 PACER
73

Minute Order: The Mandate having issued in this matter, Status Conference set for 1/11/2010 at 09:00 AM before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/18/2009)

Dec. 18, 2009 PACER
74

Minute Entry. Proceedings held before Judge Susan R Bolton: Status Conference held on 1/11/2010 re: 9th Circuit Court of Appeals' partial remand. Discussion held. Upon stipulation of counsel, the Court sets the following deadlines: discovery to be completed by May 28, 2010; dispositive motions are to be filed no later than June 25, 2010, with response due July 30, 2010; reply due August 20, 2010. The Court is advised that the request for Preliminary Injunction will not be renewed. (Court Reporter Elizabeth Lemke)(MAW) (Entered: 01/11/2010)

Jan. 11, 2010 PACER
75

Notice re Service of Plaintiffs' First Set of Interrogatories and First Set of Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 01/19/2010)

Jan. 19, 2010 PACER
76

Notice re Service Of Defendants Requests For Admissions, Interrogatories, And Requests For Production Of Documents To Plaintiffs by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 01/21/2010)

Jan. 21, 2010 PACER
77

Notice re Service of Defendants' First Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 01/22/2010)

Jan. 22, 2010 PACER
78

Notice re Notice Of Service Of Defendants Response to Plaintiffs First Set of Interrogatories And First Set Of Requests For Production Of Documents by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 02/22/2010)

Feb. 22, 2010 PACER
79

Notice re Service of Plaintiffs' Responses to Defendants' Requests for Admissions, Interrogatories, and Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 03/05/2010)

March 5, 2010 PACER
80

Notice re Service of Defendants' Second Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 04/21/2010)

April 21, 2010 PACER
81

NOTICE of Deposition of Clyde Reed, filed by Adam Adams, Gilbert, Town of. (Alvarado, Kim) (Entered: 04/28/2010)

April 28, 2010 PACER
82

NOTICE of Deposition of Karen Coats, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)

May 4, 2010 PACER
83

NOTICE of Deposition of Steve Wallace, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)

May 4, 2010 PACER
84

NOTICE of Deposition of Adam Adams, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)

May 4, 2010 PACER
85

NOTICE of Deposition of Michael Milillo, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)

May 4, 2010 PACER
86

NOTICE of Deposition of Clyde Reed, filed by Adam Adams, Gilbert, Town of. (Alvarado, Kim) (Entered: 05/05/2010)

May 5, 2010 PACER
87

Notice re Service of Plaintiffs' Supplemental Responses to Defendants' Requests for Admissions, Interrogatories, and Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 05/07/2010)

May 7, 2010 PACER
88

STIPULATION /JOINT MOTION TO MODIFY BRIEFING SCHEDULE by Adam Adams, Gilbert, Town of. (Attachments: # 1 Text of Proposed Order)(Alvarado, Kim) (Entered: 05/21/2010)

1 Text of Proposed Order

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May 21, 2010 PACER
89

ORDER - Upon 88 Stipulation of the parties, IT IS ORDERED that the parties shall follow the following briefing schedule: 7/23/2010, Deadline to file Dispositive motions; 8/27/2010, Deadline for Response to Dispositive motions; and 9/17/2010, Deadline for Replies to Dispositive motions. Signed by Judge Susan R Bolton on 5/24/10. (SAT) (Entered: 05/24/2010)

May 24, 2010 PACER
90

Notice re Service of Defendants Fourth Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 06/08/2010)

June 8, 2010 PACER
91

STIPULATION Related to Plaintiffs' Claims Against the Original Sign Code by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 07/15/2010)

1 Text of Proposed Order

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July 15, 2010 PACER
92

Joint MOTION for Extension of Time Briefing Schedule by Adam Adams, Gilbert, Town of. (Attachments: # 1 Text of Proposed Order)(Alvarado, Kim) (Entered: 07/15/2010)

1 Text of Proposed Order

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July 15, 2010 PACER
93

ORDER pursuant to 91 Stipulation related to plaintiffs' claims againt the original sign code: Plaintiffs will not pursue any of the relief requested in the Prayer for Relief in their Amended Verified Complaint against the Town of Gilbert's Sign Code as it existed at the time this lawsuit was commenced ("the Original Code"). Within 30 days of the entry of this Stipulated Order, Defendants will pay Plaintiffs $1.00 in satisfaction of their request for nominal damages, and $16,380.00 in satisfaction of their request for attorneys' fees and costs, in relation to their claims against the Original Code. This Order does not affect Plaintiffs' claims and the Town Defendants' defenses related to the Amended Code. Signed by Judge Susan R Bolton on 7/19/10. (DMT) (Entered: 07/19/2010)

July 19, 2010 PACER
94

ORDER granting 92 Joint Motion for Extension of Time Dispositive motions due by 8/27/2010. Signed by Judge Susan R Bolton on 7/19/10. (see order for full details)(DMT) (Entered: 07/19/2010)

July 19, 2010 PACER
95

NOTICE re Satisfaction Of Payment Terms Of Stipulated Order (Dkt. No. 93) by Adam Adams, Gilbert, Town of re 93 Order on Stipulation,,,. (Alvarado, Kim) (Entered: 08/16/2010)

Aug. 16, 2010 PACER
96

NOTICE re Service of Plaintiffs' First Supplemental Fed. R. Civ. P. 26(a) Initial Disclosures by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 08/24/2010)

Aug. 24, 2010 PACER
97

Cross MOTION for Summary Judgment by Adam Adams, Gilbert, Town of. (Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable (REW). (Entered: 08/27/2010)

Aug. 27, 2010 RECAP
98

Separate STATEMENT of Facts In Support of Defendants' Cross-Motion for Summary Judgment re 97 Cross MOTION for Summary Judgment by Defendants Adam Adams, Gilbert, Town of. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit A, Exhibit 1, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Errata E, # 8 Exhibit F, # 9 Exhibit G)(Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable (REW). (Entered: 08/27/2010)

1 Exhibit Index

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2 Exhibit A

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3 Exhibit A, Exhibit 1

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Errata E

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8 Exhibit F

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9 Exhibit G

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Aug. 27, 2010 PACER
99

Joint Stipulated STATEMENT of Facts in Support of Cross-Motions for Summary Judgment re 97, 100 Cross MOTIONS for Summary Judgment by Defendants Adam Adams, Gilbert, Town of, Plaintiffs Good News Community Church, Good News Presbyterian Church, Clyde Reed. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable; linkage added (REW). (Entered: 08/27/2010)

1 Exhibit Index

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Aug. 27, 2010 PACER
100

MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Good News Community Church, Clyde Reed. (Attachments: # 1 Exhibit 1 - Deposition of Michael Milillo, # 2 Exhibit 2 - Deposition of Karen Coats, # 3 Exhibit 3 - Deposition of Adam Adams, # 4 Exhibit 4 - Deposition of Steve Wallace, # 5 Exhibit 5 - Builder Permits for Weekend Directional Signs, # 6 Exhibit 6 - Deposition of Clyde Reed)(Tedesco, Jeremy) (Entered: 08/27/2010)

1 Exhibit 1 - Deposition of Michael Milillo

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2 Exhibit 2 - Deposition of Karen Coats

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3 Exhibit 3 - Deposition of Adam Adams

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4 Exhibit 4 - Deposition of Steve Wallace

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5 Exhibit 5 - Builder Permits for Weekend Directional Signs

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6 Exhibit 6 - Deposition of Clyde Reed

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Aug. 27, 2010 RECAP

State / Territory: Arizona

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: March 8, 2007

Closing Date: Dec. 30, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A church in Arizona

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of Gilbert, City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination