Case: United States v. Arpaio

2:16-cr-01012 | U.S. District Court for the District of Arizona

Filed Date: April 11, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

The defendant here, former Maricopa County Sheriff Joseph M. Arpaio (“Sheriff Arpaio”), was referred for criminal contempt on August 19, 2016 for his actions in Melendres v. Arpaio. The U.S. prosecuted Sheriff Arpaio and obtained a conviction on July 31, 2017. 2017 WL 3268180. On August 25, 2017, President Donald J. Trump pardoned Sheriff Arpaio. On August 28, 2017, Sheriff Arpaio moved for two forms of relief (1) to dismiss this matter with prejudice, and (2) to vacate the verdict and all othe…

The defendant here, former Maricopa County Sheriff Joseph M. Arpaio (“Sheriff Arpaio”), was referred for criminal contempt on August 19, 2016 for his actions in Melendres v. Arpaio. The U.S. prosecuted Sheriff Arpaio and obtained a conviction on July 31, 2017. 2017 WL 3268180. On August 25, 2017, President Donald J. Trump pardoned Sheriff Arpaio.

On August 28, 2017, Sheriff Arpaio moved for two forms of relief (1) to dismiss this matter with prejudice, and (2) to vacate the verdict and all other orders in this matter, as well as the sentencing on October 5th. The district court Judge, Susan Bolton, granted Sheriff Arpaio’s first request, and on October 4, 2017, the district court dismissed with prejudice the action for criminal contempt.

The district court denied Sheriff Arpaio’s second request to vacate the verdict and all other orders on October 19, 2017. 2017 WL 4839072. The district court and refused to grant “relief beyond dismissal with prejudice.” The court specified that the power to pardon is an executive prerogative of mercy, "not of judicial recordkeeping." The court found that the pardon undoubtedly spared the defendant from any punishment that might otherwise have been imposed, but it did not "revise the historical facts” of this case.

That same day, Sheriff Arpaio filed a timely notice of appeal. The U.S. responded that it “does not intend to defend the district court’s order from October 19, 2017 . . . instead, the government intends to argue, as it did in the district court, that the motion to vacate should have been granted.”

On April 17, 2018 the Ninth Circuit granted a motion to appoint a special prosecutor, finding that "the merits panel of our court that will decide this appeal will not receive the benefit of full briefing and argument unless we appoint a special prosecutor to defend the decision of the district court." 887 F.3d 979. On October 10, 2018, the Ninth Circuit declined to review en banc the earlier decision to appoint a special prosecutor to defend the ruling of a lower court. 906 F.3d 800. On October 15, 2018, the Circuit court appointed a special prosecutor by an order providing that “[t]he special prosecutor will be limited to the functions a government attorney would have performed in connection with Arpaio’s appeal in this Court had the government been willing to perform those functions.” In January of the following year the defendant petitioned for cert, arguing that the Ninth Circuit should not have replaced DoJ prosecutors with a special prosecutor. That petition was denied three months later.

On appeal, Arpaio argued that the district court should have granted both the vacatur and the dismissal, rather than just the dismissal. Arpaio claimed that failure to grant vacatur was an abuse of the district court's discretion. In February of 2020, the Ninth Circuit issued its opinion, which ruled that the district court was correct to not vacate Arpaio's verdict. 951 F.3d 1001. Specifically, the Ninth Circuit held that, because Arpaio was not sentenced, he had not received a final judgment and was therefore not entitled to vacatur.

Summary Authors

Abigail DeHart (3/4/2019)

Jack Hibbard (5/22/2020)

Related Cases

Melendres v. Arpaio, District of Arizona (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4490035/parties/united-states-v-arpaio/


Judge(s)
Attorney for Plaintiff

Ackerman, Justin Michael (Arizona)

Attorney, James I.

Attorney for Defendant

Attorney, Larry E.

Attorney, Mark D.

Expert/Monitor/Master/Other

Aftergut, Dennis (California)

Documents in the Clearinghouse

Documents in this case

2:16-cr-01012

Docket

U.S. v. Arpaio

April 6, 2018

April 6, 2018

Docket

17-10448

Docket

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

March 20, 2020

March 20, 2020

Docket
1

2:16-cr-01012

Order Re Criminal Contempt

U.S. v. Arpaio

Aug. 19, 2016

Aug. 19, 2016

Order/Opinion
210

2:16-cr-01012

Findings of Fact and Conclusion of Law

U.S. v. Arpaio

July 31, 2017

July 31, 2017

Order/Opinion

2017 WL 3773012

220

2:16-cr-01012

Defendant's Motion for Vacatur and Dismissal with Prejudice

U.S v. Arpaio

Aug. 28, 2017

Aug. 28, 2017

Pleading / Motion / Brief
245

2:16-cr-01012

[Proposed] Memorandum of Amici Curiae Certain Members of Congress in Opposition to Defendant's Motion for Vacatur and Dismissal with Prejudice

USA v. Arpaio

Oct. 5, 2017

Oct. 5, 2017

Pleading / Motion / Brief
251

2:16-cr-01012

Order

U.S v. Arpaio

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion

2017 WL 4839072

256

2:16-cr-01012

[Proposed] Brief of Amici Curiae in Support of Appointment of Rule 42 Attorney to Prosecute Appeal

U.S v. Arpaio

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
25

17-10448

Order

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

April 17, 2018

April 17, 2018

Order/Opinion

887 F.3d 979

41

17-10448

Order

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

Oct. 10, 2018

Oct. 10, 2018

Order/Opinion

906 F.3d 800

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4490035/united-states-v-arpaio/

Last updated June 21, 2026, 4:41 a.m.

ECF Number Date Description Link
1 Aug. 19, 2016

ORDER re Criminal Contempt as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate - IT IS THEREFORE ORDERED that pursuant to Rule 42(a) (1) of the Federal Rules of Criminal Procedure, the Court refers Sheriff Joseph M. Arpaio, Chief Deputy Gerard Sheridan, Captain Steven R. Bailey, and Attorney Michelle M. Iafrate to another Judge of this Court to determine whether they should be held in criminal contempt for the matters detailed above. IT IS FURTHER ORDERED directing the Clerk of Court to refer the criminal contempt proceedings, by random lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED directing the Clerk of Court to promptly notify the United States Attorney for the District of Arizona regarding this Order. (See document for further details). Signed by Judge G Murray Snow on 8/19/16. (LAD) (Entered: 08/19/2016)

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2 Aug. 19, 2016

ORDER OF RECUSAL in case as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate: ORDERED this matter be reassigned, by lot, to another judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Susan R. Bolton. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-16-01012-PHX-SRB. Signed by Judge John J Tuchi on 8/19/16.(SJF) (Entered: 08/19/2016)

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1 Aug. 19, 2016

ORDER re Criminal Contempt as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate - IT IS THEREFORE ORDERED that pursuant to Rule 42(a) (1) of the Federal Rules of Criminal Procedure, the Court refers Sheriff Joseph M. Arpaio, Chief Deputy Gerard Sheridan, Captain Steven R. Bailey, and Attorney Michelle M. Iafrate to another Judge of this Court to determine whether they should be held in criminal contempt for the matters detailed above. IT IS FURTHER ORDERED directing the Clerk of Court to refer the criminal contempt proceedings, by random lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED directing the Clerk of Court to promptly notify the United States Attorney for the District of Arizona regarding this Order. (See document for further details). Signed by Judge G Murray Snow on 8/19/16. (LAD) (Entered: 08/19/2016)

Clearinghouse
2 Aug. 19, 2016

ORDER OF RECUSAL in case as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate: ORDERED this matter be reassigned, by lot, to another judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Susan R. Bolton. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-16-01012-PHX-SRB. Signed by Judge John J Tuchi on 8/19/16.(SJF) (Entered: 08/19/2016)

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3 Aug. 26, 2016

NOTICE OF RECUSAL with attached formal notice from EOUSA by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Strange, Elizabeth) (Entered: 08/26/2016)

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3 Aug. 26, 2016

NOTICE OF RECUSAL with attached formal notice from EOUSA by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Strange, Elizabeth) (Entered: 08/26/2016)

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4 Sept. 6, 2016

NOTICE OF ATTORNEY APPEARANCE: John D. Keller appearing for USA . (Keller, John) (Entered: 09/06/2016)

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5 Sept. 6, 2016

NOTICE OF ATTORNEY APPEARANCE: Victor R. Salgado appearing for USA . (Salgado, Victor) (Entered: 09/06/2016)

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6 Sept. 6, 2016

MOTION for Status Conference by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) (Entered: 09/06/2016)

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7 Sept. 6, 2016

ORDER as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate: On September 6, 2016, Government's counsel filed a Motion for Status Conference Doc. 6 . The certificate of service on Page 3 of the Government's motion states "....on this date, I electronically filed the foregoing filing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the attorneys of record for the defendant." No counsel having yet appeared in this criminal case for Defendants, IT IS ORDERED directing Government's counsel to mail a copy of the motion to the attorney known to represent each of the Defendants and notify the Court in writing that Government's counsel has complied. IT IS FURTHER ORDERED that the motion will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 9/6/16.(MAW) (Entered: 09/06/2016)

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4 Sept. 6, 2016

NOTICE OF ATTORNEY APPEARANCE: John D. Keller appearing for USA . (Keller, John) (Entered: 09/06/2016)

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5 Sept. 6, 2016

NOTICE OF ATTORNEY APPEARANCE: Victor R. Salgado appearing for USA . (Salgado, Victor) (Entered: 09/06/2016)

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6 Sept. 6, 2016

MOTION for Status Conference by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) (Entered: 09/06/2016)

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7 Sept. 6, 2016

ORDER as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate: On September 6, 2016, Government's counsel filed a Motion for Status Conference Doc. 6 . The certificate of service on Page 3 of the Government's motion states "....on this date, I electronically filed the foregoing filing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the attorneys of record for the defendant." No counsel having yet appeared in this criminal case for Defendants, IT IS ORDERED directing Government's counsel to mail a copy of the motion to the attorney known to represent each of the Defendants and notify the Court in writing that Government's counsel has complied. IT IS FURTHER ORDERED that the motion will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 9/6/16.(MAW) (Entered: 09/06/2016)

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8 Sept. 7, 2016

NOTICE OF ATTORNEY APPEARANCE: Andrew Melvin McDonald, Jr appearing for Joseph M Arpaio . (McDonald, Andrew) (Entered: 09/07/2016)

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9 Sept. 7, 2016

NOTICE of No Objection to Status Conference by Joseph M Arpaio re: 6 MOTION for Status Conference . (McDonald, Andrew) (Entered: 09/07/2016)

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10 Sept. 7, 2016

NOTICE OF ATTORNEY APPEARANCE: Lee David Stein appearing for Gerard Sheridan, Steven R Bailey . (Stein, Lee) (Entered: 09/07/2016)

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11 Sept. 7, 2016

NOTICE OF COMPLIANCE by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Salgado, Victor) (Entered: 09/07/2016)

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10 Sept. 7, 2016

NOTICE OF ATTORNEY APPEARANCE: Lee David Stein appearing for Gerard Sheridan, Steven R Bailey . (Stein, Lee) (Entered: 09/07/2016)

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11 Sept. 7, 2016

NOTICE OF COMPLIANCE by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Salgado, Victor) (Entered: 09/07/2016)

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12 Sept. 8, 2016

NOTICE OF ATTORNEY APPEARANCE: Dale A Danneman appearing for Michele M Iafrate . (Danneman, Dale) (Entered: 09/08/2016)

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13 Sept. 9, 2016

ORDER granting 6 Motion for Status Conference as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4). IT IS FURTHER ORDERED setting Status Conference on October 11, 2016, at 10:00 a.m. Signed by Judge Susan R Bolton on 9/9/16.(MAW) (Entered: 09/09/2016)

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13 Sept. 9, 2016

ORDER granting 6 Motion for Status Conference as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4). IT IS FURTHER ORDERED setting Status Conference on October 11, 2016, at 10:00 a.m. Signed by Judge Susan R Bolton on 9/9/16.(MAW) (Entered: 09/09/2016)

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14 Sept. 13, 2016

MOTION for Leave to Appear Telephonic at October 11, 2016 Status Conference as to attorney Barry Mitchell by Gerard Sheridan. (Attachments: # 1 Text of Proposed Order)(Mitchell, Barry) (Entered: 09/13/2016)

1 Text of Proposed Order

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15 Sept. 13, 2016

MOTION for Leave to Appear Telephonic at October 11, 2016 Status Conference as to attorney Barry Mitchell by Steven R Bailey. (Attachments: # 1 Text of Proposed Order)(Mitchell, Barry) (Entered: 09/13/2016)

1 Text of Proposed Order

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14 Sept. 13, 2016

MOTION for Leave to Appear Telephonic at October 11, 2016 Status Conference as to attorney Barry Mitchell by Gerard Sheridan. (Attachments: # 1 Text of Proposed Order)(Mitchell, Barry) (Entered: 09/13/2016)

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16 Sept. 16, 2016

ORDER granting 14 and 15 Motions for Leave to Appear Telephonically as to Gerard Sheridan (2) and Steven R Bailey (3) and allowing counsel Barry Mitchell to participate telephonically for the Status Conference set for Tuesday, October 11, 2016, at 10:00 a.m. Counsel is directed to call the Court at 602-322-7570 at the time of the scheduled hearing. No cell phones or speaker phones are permitted. Signed by Judge Susan R Bolton on 9/16/16.(MAW) (Entered: 09/16/2016)

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16 Sept. 16, 2016

ORDER granting 14 and 15 Motions for Leave to Appear Telephonically as to Gerard Sheridan (2) and Steven R Bailey (3) and allowing counsel Barry Mitchell to participate telephonically for the Status Conference set for Tuesday, October 11, 2016, at 10:00 a.m. Counsel is directed to call the Court at 602-322-7570 at the time of the scheduled hearing. No cell phones or speaker phones are permitted. Signed by Judge Susan R Bolton on 9/16/16.(MAW) (Entered: 09/16/2016)

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17 Oct. 5, 2016

NOTICE of Joint Representation by Gerard Sheridan. (Stein, Lee) (Entered: 10/05/2016)

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18 Oct. 5, 2016

NOTICE of Joint Representation by Steven R Bailey. (Stein, Lee) (Entered: 10/05/2016)

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17 Oct. 5, 2016

NOTICE of Joint Representation by Gerard Sheridan. (Stein, Lee) (Entered: 10/05/2016)

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19 Oct. 11, 2016

TRANSCRIPT REQUEST by Michele M Iafrate for proceedings held on 10/11/16, Judge Susan R Bolton hearing judge(s). (Danneman, Dale) (Entered: 10/11/2016)

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20 Oct. 11, 2016

STIPULATION Stipulation of Michele Iafrate by Michele M Iafrate. (Danneman, Dale) (Entered: 10/11/2016)

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21 Oct. 11, 2016

NOTICE Defendant Arpaio's Notice Re: Tolling of Statute of Limitations Under 18 U.S.C. 402 by Joseph M Arpaio. (McDonald, Andrew) (Entered: 10/11/2016)

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22 Oct. 11, 2016

NOTICE Re Tolling of the Statute of Limitations by Gerard Sheridan. (Stein, Lee) (Entered: 10/11/2016)

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23 Oct. 11, 2016

NOTICE Re Tolling of the Statute of Limitations by Steven R Bailey. (Stein, Lee) (Entered: 10/11/2016)

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24 Oct. 11, 2016

MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Status Conference as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate held on 10/11/2016. IT IS ORDERED directing Defense counsel to advise the Court in writing no later than 2:00 p.m., October 11, 2016, whether their clients agree to a tolling of the statute of limitations under 18 U.S.C. §3285 effective this date. IT IS FURTHER ORDERED directing Government's counsel to submit to the Court no later than 5:00 p.m., October 12, 2016, an Order to Show Cause regarding the preliminary injunction violation. The Order shall include the essential facts constituting the charged criminal contempt and the date and time for Trial, which will be set for December 6, 2016, at 9:00 a.m. as to Defendant Joseph Arpaio. IT IS FURTHER ORDERED directing Defense counsel to file their briefs no later than October 25, 2016, regarding the applicability of the statute of limitations and possible tolling with respect to the contempt findings related to the Montgomery documents and the identification documents [see attached minute entry for details]. (Court Reporter Liz Lemke) Hearing held 10:04 AM to 11:07 AM.(MAW) (Entered: 10/12/2016)

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27 Oct. 11, 2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate held on 10/11/2016, before Judge Susan R. Bolton. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (RAP) (Entered: 10/13/2016)

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22 Oct. 11, 2016

NOTICE Re Tolling of the Statute of Limitations by Gerard Sheridan. (Stein, Lee) (Entered: 10/11/2016)

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24 Oct. 11, 2016

MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Status Conference as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate held on 10/11/2016. IT IS ORDERED directing Defense counsel to advise the Court in writing no later than 2:00 p.m., October 11, 2016, whether their clients agree to a tolling of the statute of limitations under 18 U.S.C. §3285 effective this date. IT IS FURTHER ORDERED directing Government's counsel to submit to the Court no later than 5:00 p.m., October 12, 2016, an Order to Show Cause regarding the preliminary injunction violation. The Order shall include the essential facts constituting the charged criminal contempt and the date and time for Trial, which will be set for December 6, 2016, at 9:00 a.m. as to Defendant Joseph Arpaio. IT IS FURTHER ORDERED directing Defense counsel to file their briefs no later than October 25, 2016, regarding the applicability of the statute of limitations and possible tolling with respect to the contempt findings related to the Montgomery documents and the identification documents [see attached minute entry for details]. (Court Reporter Liz Lemke) Hearing held 10:04 AM to 11:07 AM.(MAW) (Entered: 10/12/2016)

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27 Oct. 11, 2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate held on 10/11/2016, before Judge Susan R. Bolton. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (RAP) (Entered: 10/13/2016)

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25 Oct. 13, 2016

TRANSCRIPT REQUEST by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 10-11-16, Judge Susan R Bolton hearing judge(s). (Keller, John) (Entered: 10/13/2016)

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26 Oct. 13, 2016

TRANSCRIPT REQUEST by Joseph M Arpaio for proceedings held on October 11, 2016, Judge Susan R Bolton hearing judge(s). (Ackerman, Justin) (Entered: 10/13/2016)

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25 Oct. 13, 2016

TRANSCRIPT REQUEST by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 10-11-16, Judge Susan R Bolton hearing judge(s). (Keller, John) (Entered: 10/13/2016)

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28 Oct. 17, 2016

*NOTICE of Filing Proposed Order re: 24 Minute Entry by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Attachments: # 1 Proposed Order)(Keller, John) *Modified text and document number on 10/18/2016 (EJA). (Entered: 10/17/2016)

1 Proposed Order

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29 Oct. 17, 2016

*OBJECTION to: 28 Notice (Other) Defendant Arpaio's Objection to the United State's Notice of Lodged Document by Joseph M Arpaio. (Attachments: # 1 Exhibit Exhibit A)(McDonald, Andrew) *Modified to correct event type on 10/18/2016 (EJA). (Entered: 10/17/2016)

1 Exhibit Exhibit A

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30 Oct. 17, 2016

*RESPONSE to 29 OBJECTION to Proposed Order to Show Cause by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) *Modified to correct event type on 10/18/2016 (EJA). (Entered: 10/17/2016)

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31 Oct. 17, 2016

MINUTE ORDER as to Joseph M Arpaio: At the Court's direction, Government's counsel filed its lodged proposed Order to Show Cause, Defendant Arpaio filed his Objection and the Government filed its Response. Defendant may file a reply no later than 5:00PM, 10/18/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/17/2016)

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28 Oct. 17, 2016

*NOTICE of Filing Proposed Order re: 24 Minute Entry by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Attachments: # 1 Proposed Order)(Keller, John) *Modified text and document number on 10/18/2016 (EJA). (Entered: 10/17/2016)

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30 Oct. 17, 2016

*RESPONSE to 29 OBJECTION to Proposed Order to Show Cause by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) *Modified to correct event type on 10/18/2016 (EJA). (Entered: 10/17/2016)

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32 Oct. 18, 2016

REPLY re: 30 Reply Defendant Arpaio's Reply in support of his Objection to the United States' Lodged Order to Show Cause by Joseph M Arpaio. (McDonald, Andrew) (Entered: 10/18/2016)

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33 Oct. 19, 2016

TRANSCRIPT REQUEST by Daniel R. Ortega, Jr. of the Ortega Law Firm as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate for Status Hearing proceedings held on 10/11/2016, Judge Susan R Bolton hearing judge(s). (RAP) (Entered: 10/19/2016)

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33 Oct. 19, 2016

TRANSCRIPT REQUEST by Daniel R. Ortega, Jr. of the Ortega Law Firm as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate for Status Hearing proceedings held on 10/11/2016, Judge Susan R Bolton hearing judge(s). (RAP) (Entered: 10/19/2016)

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34 Oct. 24, 2016

MEMORANDUM by Steven R Bailey Regarding Expiration of Statute of Limitations Under 18 U.S.C. Sec. 3285. (Stein, Lee) (Entered: 10/24/2016)

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35 Oct. 24, 2016

MEMORANDUM by Gerard Sheridan Regarding Expiration of Statute of Limitations Under 18 U.S.C. Sec. 3285. (Stein, Lee) (Entered: 10/24/2016)

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35 Oct. 24, 2016

MEMORANDUM by Gerard Sheridan Regarding Expiration of Statute of Limitations Under 18 U.S.C. Sec. 3285. (Stein, Lee) (Entered: 10/24/2016)

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36 Oct. 25, 2016

ORDER TO SHOW CAUSE as to Joseph M. Arpaio: The Court issues a notice to show cause as to whether Joseph M. Arpaio should be held in criminal contempt for willful disobedience of Judge Snow's preliminary injunction of December 23, 2011. IT IS FURTHER ORDERED that Trial for this matter is set for December 6, 2016 at 9:00 a.m. in the Sandra Day O'Connor U.S. Courthouse, 401 W. Washington Street, Courtroom 502, Phoenix, Arizona 85003 [see attached Order for details]. Signed by Judge Susan R Bolton on 10/25/16.(MAW) (Entered: 10/25/2016)

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37 Oct. 25, 2016

MEMORANDUM by Joseph M Arpaio Defendant Sheriff Arpaio's Brief regarding the Statute of Limitations Applicable to 18 U.S.C. Section 402. (McDonald, Andrew) (Entered: 10/25/2016)

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38 Oct. 25, 2016

MEMORANDUM by Michele M Iafrate Re Statute of Limitations Bar. (Danneman, Dale) (Entered: 10/25/2016)

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39 Oct. 28, 2016

NOTICE OF INTENT TO FILE WAIVER of Defendant's Appearance At Arraignment by Joseph M Arpaio filed 10/28/2016. (McDonald, Andrew) (Entered: 10/28/2016)

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40 Oct. 28, 2016

MOTION to Continue Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance, MOTION to Continue Trial by Joseph M Arpaio. (McDonald, Andrew) (Entered: 10/28/2016)

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41 Oct. 31, 2016

EX PARTE MOTION for Third Party Ex Parte by Ramon Gomez as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (KGM) (Entered: 10/31/2016)

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42 Oct. 31, 2016

NOTICE re: Request by Non-Prisoner Pro Se Party for Electronic Noticing by Ramon Gomez. (KGM) (Entered: 10/31/2016)

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41 Oct. 31, 2016

EX PARTE MOTION for Third Party Ex Parte by Ramon Gomez as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (KGM) (Entered: 10/31/2016)

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42 Oct. 31, 2016

NOTICE re: Request by Non-Prisoner Pro Se Party for Electronic Noticing by Ramon Gomez. (KGM) (Entered: 10/31/2016)

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43 Nov. 1, 2016

ORDER as to Joseph M. Arpaio: On October 28, 2016, Defense counsel for Joseph M. Arpaio filed a Waiver of Speedy Trial Rights and Request for Continuance (Doc. 40 ). IT IS ORDERED that the request will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 11/1/16.(MAW) (Entered: 11/01/2016)

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44 Nov. 1, 2016

Additional Attachments to Main Document re: 40 MOTION to Continue Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance MOTION to Continue Trial (Proposed Order) by Joseph M Arpaio. (McDonald, Andrew) (Entered: 11/01/2016)

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45 Nov. 1, 2016

NOTICE of Service by Ramon Gomez as to Gerard Sheridan, Steven R Bailey re: 41 MOTION for Third Party Ex Parte. (KGM) (Entered: 11/02/2016)

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46 Nov. 1, 2016

NOTICE of service by Ramon Gomez as to Michele M Iafrate re: 41 MOTION for Third Party Ex Parte. (KGM) (Entered: 11/02/2016)

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47 Nov. 1, 2016

NOTICE of service by Ramon Gomez as to Joseph M Arpaio re: 41 MOTION for Third Party Ex Parte. (KGM) (Entered: 11/02/2016)

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45 Nov. 1, 2016

NOTICE of Service by Ramon Gomez as to Gerard Sheridan, Steven R Bailey re: 41 MOTION for Third Party Ex Parte. (KGM) (Entered: 11/02/2016)

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48 Nov. 2, 2016

ORDER as to Joseph M Arpaio: IT IS ORDERED denying Defendant's Request/Motion to Continue Trial (Doc. 40 ) with leave to re-file said Motion in compliance with LRCiv 7.3(a) and (b). Signed by Judge Susan R Bolton on 11/2/16.(MAW) (Entered: 11/02/2016)

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49 Nov. 4, 2016

*RESPONSE to Defendants' Memoranda on Statute of Limitations re: 34 Memorandum, 35 Memorandum, 37 Memorandum and 38 Memorandum, by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate . (Keller, John) *Modified to correct event on 11/4/2016 (ATD). (Entered: 11/04/2016)

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49 Nov. 4, 2016

*RESPONSE to Defendants' Memoranda on Statute of Limitations re: 34 Memorandum, 35 Memorandum, 37 Memorandum and 38 Memorandum, by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate . (Keller, John) *Modified to correct event on 11/4/2016 (ATD). (Entered: 11/04/2016)

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50 Nov. 9, 2016

MOTION to Continue Trial Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance by Joseph M Arpaio. (Attachments: # 1 Text of Proposed Order)(McDonald, Andrew) (Entered: 11/09/2016)

1 Text of Proposed Order

View on PACER

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51 Nov. 9, 2016

RESPONSE in Opposition by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate re: 50 MOTION to Continue Trial Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance . (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 11/09/2016)

1 Text of Proposed Order

View on RECAP

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51 Nov. 9, 2016

RESPONSE in Opposition by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate re: 50 MOTION to Continue Trial Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance . (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 11/09/2016)

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52 Nov. 17, 2016

REPLY TO RESPONSE to Motion by Joseph M Arpaio re: 50 MOTION to Continue Trial Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance . (McDonald, Andrew) (Entered: 11/17/2016)

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53 Nov. 22, 2016

ORDER denying 41 Ramon Gomez's Motion for Third Party Ex Parte as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4) [see attached Order for details]. Signed by Judge Susan R Bolton on 11/22/16.(MAW) (Entered: 11/22/2016)

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53 Nov. 22, 2016

ORDER denying 41 Ramon Gomez's Motion for Third Party Ex Parte as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4) [see attached Order for details]. Signed by Judge Susan R Bolton on 11/22/16.(MAW) (Entered: 11/22/2016)

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54 Nov. 28, 2016

MOTION for Protective Order Governing Discovery by USA as to Joseph M Arpaio. (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 11/28/2016)

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55 Nov. 29, 2016

ORDER granting in part and denying in part 50 Request for Continuance filed as to Joseph M Arpaio (1). IT IS FURTHER ORDERED continuing Trial from December 6, 2016, to April 4, 2017, at 9:00 a.m. [see attached Order for details]. Signed by Judge Susan R Bolton on 11/29/16.(MAW) (Entered: 11/29/2016)

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56 Dec. 1, 2016

RESPONSE to Motion by Joseph M Arpaio re: 54 MOTION for Protective Order Governing Discovery . (McDonald, Andrew) (Entered: 12/01/2016)

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57 Dec. 5, 2016

MOTION to Continue Trial (Unopposed) by USA as to Joseph M Arpaio. (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 12/05/2016)

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58 Dec. 6, 2016

ORDER denying as premature 57 Government's Motion to Continue Trial filed as to Joseph M Arpaio (1). The Court intends to schedule a Pretrial Conference in early 2017 to discuss the parties' readiness for trial and if an adjustment of the trial date is required a motion can be filed at that time. Signed by Judge Susan R Bolton on 12/6/16.(MAW) (Entered: 12/06/2016)

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59 Dec. 6, 2016

ORDER granting 54 Motion for Protective Order as to Joseph M Arpaio (1) [see attached Order for details]. Signed by Judge Susan R Bolton on 12/6/16.(MAW) (Entered: 12/06/2016)

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60 Dec. 13, 2016

ORDER: 18 U.S.C. § 3285 provides a one year statute of limitations for criminal contempt that is also a crime and the contumacious conduct at issue ended more than one year ago, the Court dismisses Defendants Sheridan, Bailey, and Iafrate from the criminal contempt proceedings and will proceed against Defendant Arpaio only for those allegations of criminal contempt in the Order to Show Cause (Doc. 36 ) [see attached Order for details]. Signed by Judge Susan R Bolton on 12/13/16.(MAW) (Entered: 12/13/2016)

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60 Dec. 13, 2016

ORDER: 18 U.S.C. § 3285 provides a one year statute of limitations for criminal contempt that is also a crime and the contumacious conduct at issue ended more than one year ago, the Court dismisses Defendants Sheridan, Bailey, and Iafrate from the criminal contempt proceedings and will proceed against Defendant Arpaio only for those allegations of criminal contempt in the Order to Show Cause (Doc. 36 ) [see attached Order for details]. Signed by Judge Susan R Bolton on 12/13/16.(MAW) (Entered: 12/13/2016)

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61 Dec. 15, 2016

MOTION for Bench Trial by USA as to Joseph M Arpaio. (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 12/15/2016)

1 Text of Proposed Order

View on PACER

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62 Dec. 27, 2016

*RESPONSE to Motion by Joseph M Arpaio re: 61 MOTION for Bench Trial and CROSS MOTION Requesting Jury Trial. (McDonald, Andrew) *Modified to add motion part on 12/28/2016 (KGM). (Entered: 12/27/2016)

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63 Jan. 3, 2017

REPLY TO RESPONSE to Motion by USA as to Joseph M Arpaio re: 62 MOTION . (Keller, John) (Entered: 01/03/2017)

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64 Jan. 6, 2017

ORDER as to Joseph M Arpaio: IT IS ORDERED setting Pretrial Conference on January 25, 2017, at 10:30 a.m. Defendant Joseph M. Arpaio is directed to be present for the hearing. Signed by Judge Susan R Bolton on 1/6/17.(MAW) (Entered: 01/06/2017)

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65 Jan. 9, 2017

*NOTICE of Attorney Appearance/Association - Defendant by Joseph M Arpaio. (McDonald, Andrew) *Modified to correct event type on 1/10/2017 (KGM). (Entered: 01/09/2017)

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66 Jan. 9, 2017

REPLY TO RESPONSE to Motion by Joseph M Arpaio re: 62 MOTION Reply in Support of Arpaio's Request for Jury Trial. (McDonald, Andrew) (Entered: 01/09/2017)

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69 Jan. 25, 2017

*SUPPLEMENT to 66 REPLY TO RESPONSE to Motion by Joseph M Arpaio re: 62 MOTION Supplement to Government's Response re Arpaio Request for Jury Trial. (McDonald, Andrew) *Modified to correct event type on 1/25/2017 (KGM). (Entered: 01/25/2017)

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71 Jan. 25, 2017

MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Pretrial Conference as to Joseph M Arpaio held on 1/25/2017. Argument held regarding Government's Request/Motion for Bench Trial (Doc. 61 ) and Defendant's Cross Motion Requesting Jury Trial (Doc. 62 ). The Court will issue its ruling in a separate Order. At the request of the parties, IT IS ORDERED continuing Trial from April 4, 2017, to April 25, 2017, at 9:00 a.m. Discussion held re: pretrial motions. The Court sets the motions deadline for March 24, 2017 [see attached Order for details]. (Court Reporter Liz Lemke) Hearing held 10:40 AM to 11:34 AM.(MAW) (Entered: 01/27/2017)

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70 Jan. 27, 2017

TRANSCRIPT REQUEST by USA as to Joseph M Arpaio for proceedings held on 1-25-17, Judge Susan R Bolton hearing judge(s). (Keller, John) (Entered: 01/27/2017)

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74 Jan. 27, 2017

NOTICE OF FILING OF OFFICIAL REDACTED TRANSCRIPT of PRETRIAL CONFERENCE proceedings as to Joseph M Arpaio held on 01/25/2017, before Judge Susan R. Bolton. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/27/2017. (RAP) (Entered: 01/30/2017)

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75 Jan. 31, 2017

NOTICE OF ATTORNEY APPEARANCE: Simon Joseph Cataldo appearing for USA . (Cataldo, Simon) (Entered: 01/31/2017)

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79 Feb. 3, 2017

ORDER denying Defendant's 77 Motion to Seal Amended Response as to Joseph M Arpaio (1). Signed by Judge Susan R Bolton on 02/03/2017. (ATD) (Entered: 02/03/2017)

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Case Details

State / Territory:

Arizona

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Joe Arpaio

Case Details

Other Dockets:

District of Arizona 2:16-cr-01012

U.S. Court of Appeals for the Ninth Circuit 17-10448

Special Case Type(s):

Criminal

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Recommended Citation