Case: Lucero-Gonzalez v. Kline

2:20-cv-00901 | U.S. District Court for the District of Arizona

Filed Date: May 8, 2020

Case Ongoing

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Case Summary

COVID-19 Summary: This is a class-action brought by five prisoners with high-risk medical issues held at the federal Central Arizona Florence Correctional Complex against the U.S. Marshals Service and the Bureau of Prisons. The plaintiffs alleged that the defendant’s failure to implement basic social distancing and hygiene measures violated their Eighth and Fifth Amendment rights. The court denied the plaintiffs’ motion for injunctive relief, finding that the plaintiffs had failed to show deliberate indifference. The court dismissed the plaintiffs' Eighth Amendment claims and their habeas claims for relief on February 19, 2021. The court granted partial summary judgment to the defendants on March 30, 2023, but found that there were genuine issues of material fact as to whether some aspects of their COVID-19 response amounted to Fifth Amendment violations.

On May 8, 2020, five prisoners with high-risk medical conditions held at the Central Arizona Florence Correctional Complex (CAFCC)—a private facility run by CoreCivic—filed this action in suit the U.S. District Court for the District of Arizona against the U.S. Marshals Service and the Bureau of Prisons. Represented by the American Civil Liberties Union of Arizona and private attorneys, the plaintiffs brought this putative class action as a group habeas petition under 28 U.S.C. § 2241, an injunctive action, and a declaratory action under 42 U.S.C. § 2201-02. Specifically, the plaintiffs alleged that the defendants failed to implement basic social distancing and hygiene measures, failed to disclose positive cases of COVID-19, and denied emergency grievance requests from detainees, and that conditions of confinement at the facility therefore exposed sentenced prisoners to unreasonable risks of contracting COVID-19. The plaintiffs alleged that the defendants’ actions violated the constitutional right of convicted individuals to be free of cruel and unusual punishment under the Eighth Amendment. When the complaint was filed, the CAFCC housed mostly pre-trial detainees. The plaintiffs alleged that these same failures subjected individuals not convicted of any crime to unconstitutional punishment in violation of their Fifth Amendment rights. The case was assigned to Judge Diane J. Humetewa and referred to Magistrate Judge Deborah M. Fine.

On the same day, the plaintiffs moved for class certification and for a temporary restraining order. The plaintiffs sought to represent a class of all individuals held or who would be held at the CAFCC. The plaintiffs outlined two proposed subclasses: the pretrial class, composed of individuals pending trial or sentencing on federal criminal charges, as well as the post-conviction class, composed of post-conviction prisoners. The plaintiffs sought declaratory relief that the defendants’ actions violated their constitutional rights under the Fifth and Eighth Amendments and injunctive relief requiring an independent rule 706 expert to review existing health and safety policies within 48 hours of Court’s order, and if necessary, enforcing expert-recommended safety procedures requiring social distancing and hygiene measures. If appropriate health and safety measures could not be implemented without reducing the detained population, the plaintiffs asked the court to issue writs of habeas corpus "on the ground that Plaintiffs’ continued detentions violate the Due Process Clause or the Eighth Amendment, and order Plaintiffs’ release." The plaintiffs also sought attorneys' fees.

On May 14, 2020, the defendants responded in opposition to the plaintiffs’ motion for a temporary restraining order, arguing that the CAFCC had adequately responded to safeguard the health and well-being of detainees, consistent with CDC guidelines. The next day, the plaintiffs requested an independent expert inspection of the facility in light of the factual differences, and asked the court to expedite ruling on the matter.

The court held a hearing on injunctive relief on May 22, 2020. On June 2, 2020, the court denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction because the plaintiffs had failed to prove deliberate indifference on the part of the defendants. 464 F.Supp.3d 1078.

On June 16, 2020, the plaintiffs moved for partial reconsideration of the court’s order denying injunctive relief, arguing that the legal standard applied by the court was intended for relief against state officials, while the defendants in this case were federal officials.

On July 6, 2020, the plaintiffs notified the court of thirty-nine additional confirmed COVID-19 cases at the CAFCC.

The defendants submitted a joint motion to dismiss the action on August 11, 2020. They argued that specifically plaintiff Lucero-Gonzalez’s claims were now moot because she had been released from custody, and that the conditions of confinement claims under the Due Process Clause of the Fifth Amendment should be dismissed because she had received a “formal adjudication of guilt,” and thus her rights were now derived from the Eighth Amendment. They further argued that the court lacked jurisdiction over the plaintiffs’ petition for writs of habeas corpus and that the Prison Litigation Reform Act barred the court from granting release. Lastly, they argued that the plaintiffs failed to state a claim under the Fifth or Eighth Amendments.

On November 3, 2020, the court issued an order certifying the plaintiffs’ proposed classes: the pretrial class and the post-conviction class.

On February 19, 2021, the court granted in part and denied in part the defendants’ motion to dismiss. Judge Humetewa dismissed the plaintiffs’ claims seeking release—including under habeas—for lack of subject-matter jurisdiction and dismissed the Eighth Amendment claims as to the post-conviction class for failure to state a claim. The court denied the motion to dismiss as to the Fifth Amendment claims on behalf of the pretrial class.

On August 5, 2022, the federal defendants (the U.S. Marshal for the District of Arizona, the Director of the U.S. Marshals Service, and the Director of the Federal Bureau of Prisons) moved for summary judgment. They argued that the plaintiffs could not meet their burden to support their claim that the defendants violated their due process rights because the case was about the current conditions and policies in place at the CAFCC. Since the start of the case, there had been significant changes in the COVID-19 landscape, including the advent of COVID-19 vaccines. The CAFCC had since implemented a vaccine campaign and plan and had offered a vaccine to all detainees housed at the facility.

On August 8, 2022, the warden of the CAFCC moved for summary judgment, arguing that the plaintiffs' claim was moot because all three of the named plaintiffs had been released or transferred and because of changes in the pandemic. The warden argued that the widespread availability of a vaccine rendered moot the plaintiffs’ claims seeking release due to the risk of COVID-19 exposure. The warden further argued that the plaintiffs had failed to exhaust all administrative remedies before pursuing litigation.

On September 20, 2022, Magistrate Judge Deborah M. Fine self-recused for reasons unknown to the Clearinghouse and the case was randomly reassigned to Magistrate Judge Eileen S. Willett.

On March 30, 2023, the court granted in part and denied in part both defendants’ motions for summary judgment. First, the court found that the plaintiffs had created a question of fact as to whether administrative remedies were unavailable to at least one plaintiff, and therefore failure to exhaust should be excused. The court also disagreed with the defendants' argument that the plaintiffs’ claims were moot, concluding that release or transfer had not mooted their claims and that there were genuine issues of material fact about whether some of the defendants' COVID responses could amount to Fifth Amendment violations.

Specifically, the court declined to grant summary judgment to the defendants on the following allegations:

failure to offer boosters to CAFCC detainees at intake and use available electronic health records to recommend and schedule boosters for booster-eligible detainees,
failure to utilize available electronic health records to identify and target at risk/immunocompromised detainees for vaccinations and other COVID-19 protections, and
failure to stock and prescribe CDC- and NIH-recommended antiviral treatments for COVID-19 positive patients with at least one CDC-identified risk factor.

The court granted summary judgment to the defendants’ on any remaining bases for their Fifth Amendment claims. The court also referred the case to the magistrate judge for the purpose of conducting a settlement conference.

As of April 16, 2023, this case was ongoing and the parties had scheduled a settlement conference.

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Summary Authors

Averyn Lee (9/10/2020)

Chandler Hart-McGonigle (11/17/2020)

Tessa McEvoy (9/7/2021)

Rhea Sharma (4/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17146381/parties/romero-lorenzo-v-koehn/

Judge(s)

Attorney for Plaintiff

Andersson, Emma A. (New York)

Bailey, Michael (Arizona)

Brown, Taylor (New York)

Attorney for Defendant

Acedo, Nicholas Daniel (Arizona)

Expert/Monitor/Master/Other

Brinkley-Rubinstein, Lauren (North Carolina)

Judge(s)

Fine, Deborah M. (Arizona)

Humetewa, Diane Joyce (Arizona)

Zipps, Jennifer Guerin (Arizona)

Attorney for Plaintiff

Andersson, Emma A. (New York)

Bailey, Michael (Arizona)

Brown, Taylor (New York)

Cabou, Jean-Jacques (Arizona)

Calleros, Benjamin C. (Arizona)

Carter, Mark (New York)

Casselman, Margo Rose (Arizona)

Fathi, David Cyrus (District of Columbia)

Inglehart, Milo Rohr (New York)

Keenan, Jared G (Arizona)

Kendrick, Corene (New York)

Koerner, Matthew Robert (Arizona)

Ortiz, Alejandro (New York)

Ryerson, Thomas D (Arizona)

Strangio, Chase (New York)

Trivedi, Somil Bharat (District of Columbia)

Wee, Christine Keeyeh (Arizona)

Attorney for Defendant

Acedo, Nicholas Daniel (Arizona)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Staes, William Charles (Arizona)

Struck, Daniel Patrick (Arizona)

Expert/Monitor/Master/Other

Brinkley-Rubinstein, Lauren (North Carolina)

Camplain, Ricky L. (Arizona)

Franco-Paredes, Carlos (Colorado)

Goldenson, Joe (California)

Ivens, K. (Tennessee)

Nowotny, Kathryn M. (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:20-cv-00901	Docket [PACER] Romero-Lorenzo v. Koehn	Sept. 2, 2021	Sept. 2, 2021 Docket
2, 2-1 2:20-cv-00901	Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support	May 8, 2020	May 8, 2020 Pleading / Motion / Brief
3 (& 3-1 to 3-5) 2:20-cv-00901	Motion for Class Certification and Memorandum in Support	May 8, 2020	May 8, 2020 Pleading / Motion / Brief
1 (& 1-1 to 1-9) 2:20-cv-00901	Complaint	May 8, 2020	May 8, 2020 Complaint
6 2:20-cv-00901	Order	May 11, 2020	May 11, 2020 Order/Opinion
16-6 to 16-8 2:20-cv-00901	Parts 6 through 8 of Defendants-Respondents' Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction (Part 2/2)	May 14, 2020	May 14, 2020 Pleading / Motion / Brief
16 & 16-1 to 16-5 2:20-cv-00901	Defendants-Respondents' Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction and Parts 1 through 5 in Support (Part 1/2)	May 14, 2020	May 14, 2020 Pleading / Motion / Brief
18 2:20-cv-00901	Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction	May 15, 2020	May 15, 2020 Pleading / Motion / Brief
29 2:20-cv-00901	Order	June 2, 2020	June 2, 2020 Order/Opinion 464 F.Supp.3d 1078
35 (& 35-1) 2:20-cv-00901	Motion for Reconsideration	June 16, 2020	June 16, 2020 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
ACLU Sues to Protect People Incarcerated in a Private Prison from COVID-19 ACLU	The American Civil Liberties Union, the ACLU of Arizona, and law firm Perkins Coie LLP filed a federal lawsuit today against the warden of a private prison run by CoreCivic, the United States Marshal…	May 8, 2020	May 8, 2020 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17146381/romero-lorenzo-v-koehn/

Last updated March 27, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	PRISONER CIVIL RIGHTS COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-18265715 filed by Tracy Ann Peuplie, Claudia Romero-Lorenzo, James Tyler Ciecierski, Maria Guadalupe Lucero-Gonzalez, Marvin Lee Enos. (Koerner, Matthew) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(MCO) (Entered: 05/11/2020) 1 Civil Cover Sheet View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER	May 8, 2020	May 8, 2020 Clearinghouse
2	* MOTION for Temporary Restraining Order by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Koerner, Matthew) (Attachments: # 1 Text of Proposed Order)(MCO). * Added MOTION for Preliminary Injunction on 5/11/2020 (LAD). (Entered: 05/11/2020) 1 Text of Proposed Order View on PACER	May 8, 2020	May 8, 2020 RECAP
3	MOTION to Certify Class (Motion for Class Certification and Memorandum in Support) by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Koerner, Matthew) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(MCO) (Entered: 05/11/2020) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Text of Proposed Order View on PACER	May 8, 2020	May 8, 2020 Clearinghouse
4	NOTICE OF ASSIGNMENT (MCO) (Entered: 05/11/2020)	May 8, 2020	May 8, 2020 RECAP
5	SUMMONS Submitted by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Koerner, Matthew) (Entered: 05/11/2020) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER	May 11, 2020	May 11, 2020 PACER
6	ORDER - Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 2 ) is denied to the extent it seeks a temporary restraining order without notice to Defendants. If Plaintiffs do not obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). Defendants must respond to the Motion for Class Certification (Doc. 3 ) and answer the Complaint (Doc. 1 ) or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Any answer or response must state the specific Defendant by name on whose behalf it is filed. NO LATER than 5:00 p.m. on THURSDAY, MAY 14, 2020, Defendants must RESPOND to the Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs may file a reply no later than 5:00 p.m. on Friday, May 15, 2020. The Clerk of Court must send a copy of this Order to counsel for CoreCivic, Daniel P. Stuck, by email to dstruck@strucklove.com, and by certified mail to: Daniel P. Struck, Struck Love Bojanowski & Acedo PLC, 3100 W Ray Rd., Ste. The Clerk of Court must also send a copy of this Order by email to the United States Attorney for the District of Arizona, to the attention of Peter M. Lantka at peter.lantka@usdoj.gov and Mary Finlon at mary.finlon@usdoj.gov. This matter is referred to Magistrate Judge Deborah M. Fine pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). (See document for further details). Signed by Judge Diane J Humetewa on 5/11/2020. (LAD) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 Clearinghouse
8	Summons Issued as to Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (4 total) (Entered: 05/11/2020) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER	May 11, 2020	May 11, 2020 PACER
9	NOTICE of Appearance by Christine Keeyeh Wee on behalf of James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Wee, Christine) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
	Remark re Pro Hac Vice Motion	May 12, 2020	May 12, 2020 PACER
	Remark: Pro hac vice motion(s) granted for Emma A Andersson on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, and Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	May 12, 2020	May 12, 2020 PACER
10	NOTICE of Appearance by Daniel Patrick Struck on behalf of Kris Kline. (Struck, Daniel) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
11	NOTICE of Appearance by Jared G Keenan on behalf of James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Keenan, Jared) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
12	MOTION for Leave to File Excess Pages for Respondent Kline's Opposition to Motion for Preliminary Injunction by Kris Kline. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) (Entered: 05/13/2020) 1 Text of Proposed Order View on PACER	May 13, 2020	May 13, 2020 PACER
13	NOTICE OF ATTORNEY APPEARANCE: Wiliam C. Staes appearing for Michael Carvajal, David Gonzales, Donald W Washington. . (Staes, William) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
14	ORDER that the referral to the Magistrate Judge is withdrawn as to Defendants' 12 Motion for Leave to Exceed Page Limit. ORDERED granting the 12 Motion for Leave to Exceed Page Limit. Signed by Judge Diane J Humetewa on 5/14/2020. (LFIG) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 RECAP
15	SUMMONS Submitted by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Summons)(Koerner, Matthew) (Entered: 05/14/2020) 1 Summons View on PACER	May 14, 2020	May 14, 2020 PACER
16	RESPONSE to Motion re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 12 MOTION for Leave to File Excess Pages for Respondent Kline's Opposition to Motion for Preliminary Injunction filed by Kris Kline. (Attachments: # 1 Declaration of Chief Deputy USMS Van D. Bayless, # 2 Declaration of K. Ivens, M.D., F.A.C.C.P. (w/Attachment 01), # 3 Declaration of Warden K. Kline, # 4 Attachments 01-11 to Declaration of Warden K. Kline, # 5 Attachments 12-18 to Declaration of Warden K. Kline, # 6 Attachements 19-27 to Declaration of Warden K. Kline, # 7 Attachments 28-32 to Declaration of Warden K. Kline, # 8 Declaration of A. Partain (w/Attachments 01-07))(Acedo, Nicholas) (Entered: 05/14/2020) 1 Declaration of Chief Deputy USMS Van D. Bayless View on PACER 2 Declaration of K. Ivens, M.D., F.A.C.C.P. (w/Attachment 01) View on PACER 3 Declaration of Warden K. Kline View on PACER 4 Attachments 01-11 to Declaration of Warden K. Kline View on PACER 5 Attachments 12-18 to Declaration of Warden K. Kline View on PACER 6 Attachements 19-27 to Declaration of Warden K. Kline View on Clearinghouse 7 Attachments 28-32 to Declaration of Warden K. Kline View on PACER 8 Declaration of A. Partain (w/Attachments 01-07) View on PACER	May 14, 2020	May 14, 2020 Clearinghouse
17	Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons)(BAS) (Entered: 05/15/2020) 1 Summons View on PACER	May 15, 2020	May 15, 2020 RECAP
18	REPLY to Response to Motion re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Exhibit)(Koerner, Matthew) (Entered: 05/15/2020) 1 Exhibit View on PACER	May 15, 2020	May 15, 2020 Clearinghouse
19	ORDER that the referral to the Magistrate Judge is withdrawn as to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 2 ). ORDERED setting a Telephonic Hearing re: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 2 ) for 5/22/2020 at 10:00 AM (Arizona Time) in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel will receive dial-in instructions for the teleconference separately via electronic mail. ORDERED the parties must meet and confer prior to the hearing in order to agree upon an expert willing and able to immediately serve as a Rule 706 expert should the Court grant Plaintiffs' Motion. IT IS FURTHER ORDERED that if any member of the public wishes to listen to the telephonic hearing, they shall contact chambers via electronic mail to request dial-in instructions to listen to the hearing. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 5/18/2020. (See Order for details.) (LFIG) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 RECAP
20	SERVICE EXECUTED : Certified Mail Receipt re: Order upon Daniel Struck on 5/14/2020. (CLB) (Entered: 05/19/2020)	May 18, 2020	May 18, 2020 PACER
21	NOTICE of Errata re: 16 Response to Motion Re: (Corrected) Index to Attachments of Declaration of K. Kline (Doc. 16-4, pgs. 1-2) by Defendant Kris Kline.. (Attachments: # 1 Exhibit 1 - Index to Attachments of Declaration of K. Kline (Doc 16-4) - Corrected)(Lee, Jacob) (Entered: 05/19/2020) 1 Exhibit 1 - Index to Attachments of Declaration of K. Kline (Doc 16-4) - Correct View on PACER	May 19, 2020	May 19, 2020 PACER
	Remark re Pro Hac Vice Motion	May 19, 2020	May 19, 2020 PACER
	Remark: Pro hac vice motion(s) granted for Alejandro Agustin Ortiz on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, and Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	May 19, 2020	May 19, 2020 PACER
22	MINUTE ORDER: The Court has received inquiries from media representatives who wish to listen to the May 22, 2020, telephonic hearing. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference recently issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." Given this development, public access to the May 22, 2020 telephonic hearing will be permitted. Members of the media seeking access are directed to email: AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Participants and listeners are reminded that audio recording the proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/21/2020)	May 21, 2020	May 21, 2020 PACER
23	NOTICE re: Joint Supplemental Declarations in Support of Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction by Kris Kline re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 21 Notice of Errata, 18 Reply to Response to Motion, 16 Response to Motion . (Attachments: # 1 Supplemental Declaration of Warden K. Kline, # 2 Supplemental Declaration of A. Partain)(Acedo, Nicholas) (Entered: 05/21/2020) 1 Supplemental Declaration of Warden K. Kline View on RECAP 2 Supplemental Declaration of A. Partain View on PACER	May 21, 2020	May 21, 2020 PACER
	Minute Order	May 21, 2020	May 21, 2020 PACER
24	NOTICE re: Supplemental Authority Re: Exhaustion (Joint) by Michael Carvajal, David Gonzales, Donald W Washington, Kris Kline re: 16 Response to Motion. (Acedo, Nicholas) *Modified to add filer on 5/22/2020 (DXD). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
25	NOTICE re: Notice of Proposed Rule 706 Expert and Objections (Joint) by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington re: 19 Order, Set/Reset Hearings . (Attachments: # 1 Exhibit 1-3)(Acedo, Nicholas) (Entered: 05/22/2020) 1 Exhibit 1-3 View on RECAP	May 22, 2020	May 22, 2020 RECAP
26	MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Temporary Restraining Order/Preliminary Injunction Hearing held on 5/22/2020 re: Plaintiffs' 2 Motion. Arguments heard. IT IS ORDERED taking this matter under advisement. APPEARANCES: Telephonic appearances by Matthew Koerner, Emma Andersson, Jean-Jacques Cabou, Benjamin Calleros, Margo Casselman, Jared Keenan, Christine Wee, Alejandro Ortiz for Plaintiffs. Telephonic appearances by Nicholas Acedo and Jacob Lee for Defendants. Telephonic appearance by William Staes for the Federal Defendants. (Court Reporter Linda Schroeder.) Hearing held 9:59 AM to 11:23 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
27	NOTICE re: Identity of Petitioner Claudia Romero-Lorenzo (Joint) by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington re: 16 Response to Motion . (Attachments: # 1 Exhibit 1-2)(Acedo, Nicholas) (Entered: 05/22/2020) 1 Exhibit 1-2 View on PACER	May 22, 2020	May 22, 2020 PACER
28	NOTICE re: Plaintiffs' Proposed Rule 706 Expert and Objections by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Cabou, Jean-Jacques) (Entered: 05/22/2020) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER	May 22, 2020	May 22, 2020 RECAP
	Temporary Restraining Order Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Preliminary Injunction AND Order on Motion for TRO	May 22, 2020	May 22, 2020 PACER
	1 - Common Prompts (Text Only) AND Temporary Restraining Order Hearing AND Order on Motion for TRO AND Order on Motion for Preliminary Injunction	May 22, 2020	May 22, 2020 PACER
	1 - Common Prompts (Text Only) AND Order on Motion for TRO AND Temporary Restraining Order Hearing AND Order on Motion for Preliminary Injunction	May 22, 2020	May 22, 2020 PACER
	Temporary Restraining Order Hearing AND Order on Motion for Preliminary Injunction AND 1 - Common Prompts (Text Only) AND Order on Motion for TRO	May 22, 2020	May 22, 2020 PACER
29	ORDER that the reference to the Magistrate Judge is withdrawn as to Plaintiffs' 2 Motion for Temporary Restraining Order and Preliminary Injunction. ORDERED denying Plaintiffs' 2 Motion for Temporary Restraining Order and Preliminary Injunction. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 6/2/2020. (See Order for details.) (LFIG) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 Clearinghouse
30	TRANSCRIPT REQUEST of Hearing held on 5/22/2020 by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo for proceedings held on 5/22/2020, Judge Diane J Humetewa hearing judge(s). (Koerner, Matthew) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 PACER
31	TRANSCRIPT REQUEST Amended to reflect daily rate by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo for proceedings held on 5/22/2020, Judge Diane J Humetewa hearing judge(s). (Koerner, Matthew) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 PACER
32	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION FOR TRO/PRELIMINARY INJUNCTION HEARING proceedings held on 05/22/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. 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 6/24/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/1/2020. (RAP) (Entered: 06/05/2020)	June 3, 2020	June 3, 2020 PACER
33	SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 6/12/20 to Kris Kline by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Koerner, Matthew) Modified to correct event type on 6/16/2020 (EJA). (Entered: 06/15/2020)	June 15, 2020	June 15, 2020 PACER
34	NOTICE of Service filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo: Notice of Service re: Summons, Complaint, Motion for Temporary Restraining Order and Motion for Class Certification upon David Gonzales, Donald W. Washington, Michael Carvajal, United States Attorney's office, United States Attorney General on 5/15/20, 6/11/20, 6/12/20. (Koerner, Matthew) Modified to correct event type on 6/16/2020 (EJA). (Entered: 06/15/2020)	June 15, 2020	June 15, 2020 PACER
35	MOTION for Reconsideration re: 29 Order on Motion for TRO, Order on Motion for Preliminary Injunction by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Text of Proposed Order)(Casselman, Margo) (Entered: 06/16/2020) 1 Text of Proposed Order View on PACER	June 16, 2020	June 16, 2020 Clearinghouse
36	ORDER that the reference to the Magistrate Judge is withdrawn as to the Motion for Reconsideration (Doc. 35 ). Defendants must file a response to the Motion for Reconsideration within 10 days of the date of this Order. Plaintiffs may file a Reply in support of their Motion within 5 days of the date Defendants' response is filed. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 6/18/2020. (LFIG) (Entered: 06/18/2020)	June 18, 2020	June 18, 2020 PACER
37	Joint MOTION to Vacate 6 Order, Set/Reset Motion and R&R Deadlines/Hearings Re: Defendants-Respondents Joint Motion to Vacate Class Certification Briefing by Kris Kline, David Gonzales, Donald W Washington, Michael Carvajal. (Attachments: # 1 Text of Proposed Order)(Lee, Jacob) Modified to add filers on 6/26/2020 (EJA). (Entered: 06/24/2020) 1 Text of Proposed Order View on PACER	June 24, 2020	June 24, 2020 PACER
38	RESPONSE to Motion re: 35 MOTION for Reconsideration re: 29 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by Michael Carvajal, David Gonzales, Kris Kline, Donald W Washington. (Acedo, Nicholas) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 Clearinghouse
39	REPLY to Response to Motion re: 35 MOTION for Reconsideration re: 29 Order on Motion for TRO, Order on Motion for Preliminary Injunction filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Casselman, Margo) (Entered: 07/01/2020)	July 1, 2020	July 1, 2020 PACER
40	NOTICE re: PLAINTIFFS-PETITIONERS NOTICE OF THIRTY-NINE (39) ADDITIONAL CONFIRMED COVID-19 CASES AT CORECIVIC by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo . (Koerner, Matthew) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 PACER
41	RESPONSE re: 40 Notice (Other) Re: Joint Response to Plaintiffs-Petitioners' Notice of Thirty-Nine (39) Additional Confirmed COVID-19 Cases by Defendant Kris Kline. (Attachments: # 1 Exhibit 1 - Declaration of Warden K. Kline)(Lee, Jacob) (Entered: 07/08/2020) 1 Exhibit 1 - Declaration of Warden K. Kline View on PACER	July 8, 2020	July 8, 2020 PACER
42	RESPONSE to Motion re: 37 Joint MOTION to Vacate 6 Order, Set/Reset Motion and R&R Deadlines/Hearings Re: Defendants-Respondents Joint Motion to Vacate Class Certification Briefing, 3 MOTION to Certify Class filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Exhibit Exhibit 1)(Koerner, Matthew) (Entered: 07/08/2020) 1 Exhibit Exhibit 1 View on PACER	July 8, 2020	July 8, 2020 PACER
43	First MOTION for Extension of Time to File Answer re: 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class by Michael Carvajal, David Gonzales, Donald W Washington. (Attachments: # 1 Text of Proposed Order)(Staes, William) (Entered: 07/10/2020) 1 Text of Proposed Order View on PACER	July 10, 2020	July 10, 2020 PACER
44	ORDER that the reference to the Magistrate Judge is withdrawn as to Defendants-Respondents Joint Motion to Vacate Class Certification Briefing, which the Court construes as a Motion for Extension of Time. ORDERED that Defendants-Respondents' 37 Motion for Extension of Time is granted. Defendants-Respondents will have until August 11, 2020 to respond to the Motion for Class Certification. Federal Defendants' 43 Motion for Extension of Time to File Answer and Response to Motion for Class Certification is granted. Federal Defendants will have until August 11, 2020 to answer the Complaint and respond to the Motion for Class Certification. Signed by Judge Diane J Humetewa on 7/14/2020. (See Order for details.) (LFIG) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
45	ORDER that the reference to the Magistrate Judge is withdrawn as to the Motion for Reconsideration (Doc. 35 ). Plaintiffs' Motion for Reconsideration (Doc. 35 ) is granted to the extent that the Court clarifies that Monell v. Department of Social Services, 436 U.S. 658, 694 (1978), is inapplicable to Plaintiffs' claims, and is denied to the extent it seeks any other relief. All other matters must remain with the Magistrate Judge for disposition as appropriate. Signed by Judge Diane J Humetewa on 7/17/2020. (LFIG) (Entered: 07/17/2020)	July 17, 2020	July 17, 2020 PACER
46	MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class (Unopposed) by Kris Kline. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) (Entered: 08/10/2020) 1 Text of Proposed Order View on PACER	Aug. 10, 2020	Aug. 10, 2020 PACER
	Remark re Pro Hac Vice Motion	Aug. 10, 2020	Aug. 10, 2020 PACER
	Remark: Pro hac vice motion(s) granted for Somil Bharat Trivedi on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Aug. 10, 2020	Aug. 10, 2020 PACER
47	ORDER: Defendant's Unopposed Motion for Extension of Time to File Response to Plaintiff's Motion to Certify Class (Doc. 46 ) is GRANTED. Defendant's Response shall be filed by August 12, 2020. ORDERED by Judge Diane J Humetewa on 8/11/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 PACER
48	Joint MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Michael Carvajal, David Gonzales (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Staes, William) Modified to correct filers on 8/12/2020 (GMP). (Entered: 08/11/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	Aug. 11, 2020	Aug. 11, 2020 Clearinghouse
49	MOTION to Expedite Discovery by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Text of Proposed Order)(Calleros, Benjamin) (Entered: 08/11/2020) 1 Exhibit Exhibits A-E View on PACER 2 Text of Proposed Order View on PACER	Aug. 11, 2020	Aug. 11, 2020 RECAP
50	MOTION to Expedite Consideration of Plaintiffs-Petitioners' Motion for Accelerated and Expedited Discovery by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Text of Proposed Order)(Calleros, Benjamin) (Entered: 08/11/2020) 1 Text of Proposed Order View on PACER	Aug. 11, 2020	Aug. 11, 2020 PACER
	Order on Motion for Extension of Time to File Response/Reply	Aug. 11, 2020	Aug. 11, 2020 PACER
51	RESPONSE in Opposition re: 50 MOTION to Expedite Consideration of Plaintiffs-Petitioners' Motion for Accelerated and Expedited Discovery filed by Kris Kline. (Acedo, Nicholas) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
52	Additional Attachments to Main Document re: 48 Joint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Re: Attachment 1 to Exhibit A - Supplemental Declaration of Warden K. Kline [Doc. 48-1) by Defendant Kris Kline. (Acedo, Nicholas) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
53	RESPONSE in Opposition re: 3 MOTION to Certify Class (Joint Response) filed by Kris Kline. (Attachments: # 1 Exhibit 1)(Acedo, Nicholas) (Entered: 08/12/2020) 1 Exhibit 1 View on PACER	Aug. 12, 2020	Aug. 12, 2020 PACER
54	REPLY re: 50 MOTION to Expedite Consideration of Plaintiffs-Petitioners' Motion for Accelerated and Expedited Discovery by Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Koerner, Matthew) Modified text and document link on 8/13/2020 (SLQ). (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020 PACER
55	ORDER - IT IS HEREBY ORDERED that Plaintiffs-Petitioners' Motion for Expedited Consideration of Plaintiffs-Petitioners' Motion for Accelerated and Expedited Discovery (Doc. 50 ) is granted. IT IS FURTHER ORDERED that Defendants-Respondents may file a responsive memorandum to the Motion for Accelerated and Expedited Discovery (Doc. 49 ) no later than five days after the issuance of this Order. IT IS FURTHER ORDERED that Plaintiffs-Petitioners may file a reply in support of their Motion for Accelerated and Expedited Discovery (Doc. 49 ) no later than two days after Defendants-Respondents' responsive memorandum is filed. (See document for complete details). Signed by Magistrate Judge Deborah M Fine on 8/13/20. (SLQ) (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020 PACER
56	RESPONSE in Opposition re: 49 MOTION to Expedite Discovery filed by Kris Kline. (Attachments: # 1 Exhibit 01 - 03)(Acedo, Nicholas) (Entered: 08/18/2020) 1 Exhibit 01 - 03 View on PACER	Aug. 18, 2020	Aug. 18, 2020 PACER
57	NOTICE re: Notice of Filing Signed Declaration of Warden K. Kline in Support of Joint Response in Opposition to Plaintiffs-Petitioners Motion for Accelerated and Expedited Discovery by Kris Kline re: 56 Response in Opposition to Motion . (Attachments: # 1 Declaration of Warden K. Kline (Signed))(Acedo, Nicholas) (Entered: 08/19/2020) 1 Declaration of Warden K. Kline (Signed) View on PACER	Aug. 19, 2020	Aug. 19, 2020 PACER
58	REPLY to Response to Motion re: 3 MOTION to Certify Class filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
59	REPLY to Response to Motion re: 49 MOTION to Expedite Discovery filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
60	ORDER granting in part, as set forth herein, Plaintiffs' motion for accelerated and expedited discovery to support Plaintiffs' forthcoming motion for preliminary injunctive relief (Doc. 49 ). See document for complete details. Signed by Magistrate Judge Deborah M Fine on 8/28/20. (EJA) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 RECAP
61	MOTION to Stay Defendants-Respondents Joint Motion to Stay Accelerated and Expedited Discovery by Kris Kline. (Attachments: # 1 Text of Proposed Order)(Lee, Jacob) (Entered: 09/04/2020) 1 Text of Proposed Order View on PACER	Sept. 4, 2020	Sept. 4, 2020 PACER
62	MOTION Defendants-Respondents Joint Motion for Expedited Consideration of Joint Motion to Stay re: 61 MOTION to Stay Defendants-Respondents Joint Motion to Stay Accelerated and Expedited Discovery by Kris Kline. (Attachments: # 1 Text of Proposed Order)(Lee, Jacob) (Entered: 09/04/2020) 1 Text of Proposed Order View on PACER	Sept. 4, 2020	Sept. 4, 2020 PACER
63	ORDER - IT IS ORDERED granting Defendants-Respondents' Joint Motion for Expedited Consideration (Doc. 62 ). IT IS FURTHER ORDERED granting Defendants-Respondents' Joint Motion to Stay Accelerated and Expedited Discovery (Doc. 61 ). IT IS FURTHER ORDERED staying the August 28, 2020 Order (Doc. 60 ) requiring Defendants to respond to expedited discovery pending a ruling from the Court as to Defendants' objections to the August 28, 2020 Order, which shall be timely filed within fourteen days from the date of the August 28, 2020 Order. Signed by Magistrate Judge Deborah M Fine on 9/8/2020. (WLP) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 PACER
64	RESPONSE in Opposition re: 48 Joint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Response in Opposition to Joint Motion to Dismiss) filed by James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Exhibit A - Proposed First Amended Complaint and Petition)(Koerner, Matthew) (Entered: 09/10/2020) 1 Exhibit A - Proposed First Amended Complaint and Petition View on PACER	Sept. 10, 2020	Sept. 10, 2020 PACER
65	APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Kris Kline re: 60 Order on Motion to Expedite. (Acedo, Nicholas) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
66	ORDER: Defendants have appealed a decision of the Magistrate Judge (Doc. 65 ). The Court finds cause to expedite briefing on the appeal. Accordingly, IT IS ORDERED that Plaintiffs shall file a response to the appeal by September 21, 2020. No reply will be permitted. ORDERED by Judge Diane J Humetewa on 9/14/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
	~Util - Set Deadlines AND Order	Sept. 14, 2020	Sept. 14, 2020 PACER
67	RESPONSE to Defendants-Respondents' Objection to Discovery Order by Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) (Entered: 09/21/2020)	Sept. 21, 2020	Sept. 21, 2020 PACER
68	REPLY to Response to Motion re: 48 Joint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim & (64) Plaintiffs-Petitioners' Response to Joint Motion to Dismiss filed by Michael Carvajal, David Gonzales, Kris Kline. (Staes, William) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020 PACER
69	ORDER granting 3 Plaintiffs' Motion for Class Certification. The following Classes are certified pursuant to Rule 23: (a) The Pretrial Class, defined as All current and future persons held by Defendants Kline, Gonzalez, and Washington in pretrial detention at Central Arizona Florence Correctional Complex ('CoreCivic'), and (b) The Post-Conviction Class, defined as All current and future persons held by Defendants Kline and Carvajal in post-conviction detention at CoreCivic. Named Plaintiffs Tracy Ann Peuplie, James Tyler Ciecierski, and Marvin Lee Enos are appointed as class representatives for the Pretrial Class, and Plaintiff Claudia Romero-Lorenzo is appointed as class representative for the Post-Conviction Class. Named Plaintiff Lucero-Gonzalez is dismissed from this action. The Clerk of Court must update the docket to reflect that named Plaintiff Maria Guadalupe Lucero-Gonzalez has been released from custody and is no longer a Plaintiff in this action. Signed by Judge Diane J Humetewa on 11/3/20. (EJA) (Entered: 11/03/2020)	Nov. 3, 2020	Nov. 3, 2020 PACER
70	ORDER affirming the Magistrate Judge's Order granting Plaintiffs' Motion for Expedited Discovery (Doc. 60 ). Signed by Judge Diane J Humetewa on 11/9/2020. (See Order for details.) (LFIG) (Entered: 11/09/2020)	Nov. 9, 2020	Nov. 9, 2020 PACER
71	NOTICE re: Party Substitution Re: Warden Brian Koehn by Kris Kline . (Acedo, Nicholas) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
72	ORDER - Telephonic Discovery Dispute Hearing is set for 12/9/2020 at 10:00 AM before Magistrate Judge Deborah M Fine. ORDERED that on or before December 2, 2020, counsel for Plaintiffs and counsel for Defendants may separately file memoranda regarding the discovery dispute not to exceed five pages, including caption but excluding signature block, with exhibits of up to fifteen pages. FURTHER ORDERED that if any members of the public or of the media are seeking access to the hearing, they are directed to email AZD-PIO@azd.uscourts.gov to obtain dial-in instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. Signed by Magistrate Judge Deborah M Fine on 11/19/20. (EJA) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
73	STIPULATION Proposed Protective Order by James Tyler Ciecierski, Marvin Lee Enos, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) Modified to remove filer on 11/20/2020 (EJA). (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
74	ORDER - In all future filings, the case caption shall eliminate Maria Guadalupe Lucero-Gonzalez, making Claudia Romero-Lorenzo the first named Plaintiff; the case caption shall also reflect Defendant Brian Koehn, rather than Kris Kline, as Warden of the Central Arizona Florence Correctional Complex. Signed by Magistrate Judge Deborah M Fine on 11/20/20. (EJA) (Entered: 11/20/2020)	Nov. 20, 2020	Nov. 20, 2020 PACER
75	NOTICE of Service of Discovery filed by Brian Koehn. (Lee, Jacob) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
76	NOTICE of Service of Discovery filed by Michael Carvajal, David Gonzales, Donald W Washington. (Staes, William) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
77	PROTECTIVE ORDER - ORDERED granting the parties' Stipulation for Protective Order (Doc. 73 ). See document for complete details. Signed by Magistrate Judge Deborah M Fine on 11/24/20. (EJA) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
78	BRIEF re: 72 Order, Set/Reset Hearings Re: Respondent Koehn's Discovery Dispute Brief by Defendant Brian Koehn. (Lee, Jacob) (Entered: 12/02/2020)	Dec. 2, 2020	Dec. 2, 2020 PACER
79	MEMORANDUM On The Deposition of Warden Kris Kline by Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Attachments: # 1 Exhibit A-B)(Calleros, Benjamin) (Entered: 12/02/2020) 1 Exhibit A-B View on PACER	Dec. 2, 2020	Dec. 2, 2020 PACER
80	NOTICE of Service of Discovery filed by Brian Koehn. (Lee, Jacob) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
81	NOTICE of Appearance by Thomas Dean Ryerson on behalf of James Tyler Ciecierski, Marvin Lee Enos, Maria Guadalupe Lucero-Gonzalez, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Ryerson, Thomas) (Entered: 12/09/2020)	Dec. 9, 2020	Dec. 9, 2020 PACER
	Remark re Pro Hac Vice Motion	Dec. 9, 2020	Dec. 9, 2020 PACER
	Remark: Pro hac vice motion(s) granted for Milo Rohr Inglehart on behalf of Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Tracy Ann Peuplie, Claudia Romero-Lorenzo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Dec. 9, 2020	Dec. 9, 2020 PACER
82	MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Telephonic Discovery Hearing held on 12/9/2020. Discovery Dispute discussed. The Court informs that it has carefully reviewed the dispute memoranda. Plaintiffs and Defendants are given opportunity to raise additional arguments, highlight key items in their memoranda, and update the Court on any factual developments. After discussion, IT IS ORDERED allowing Plaintiffs to conduct expedited, remote, video depositions of CAFCC Warden Koehn as well as former CAFCC Warden Kline, each deposition not to last more than four hours of on record time. The depositions shall be conducted within thirty days of this hearing. The Court encourages all counsel to work cooperatively towards trying to avoid a second deposition of former CAFCC Warden Kline later in the litigation. APPEARANCES: Telephonic appearances by Benjamin Calleros, Margo Casselman, Matthew Koerner, Thomas Ryerson observing, will be filing a Notice of Appearance for Plaintiff. Telephonic appearances by Jacob Lee, William Staes for Defendants. (Recorded by COURTSMART.) Hearing held 10:02 am to 11:06 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) (Entered: 12/10/2020)	Dec. 9, 2020	Dec. 9, 2020 PACER
	1 - Common Prompts (Text Only) AND Discovery Hearing	Dec. 10, 2020	Dec. 10, 2020 PACER
83	NOTICE of Service of Discovery filed by James Tyler Ciecierski, Marvin Lee Enos, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 PACER
84	Additional Attachments to Main Document re: 83 Notice of Service of Discovery by Plaintiffs James Tyler Ciecierski, Marvin Lee Enos, Tracy Ann Peuplie, Claudia Romero-Lorenzo. (Calleros, Benjamin) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
	Remark re Pro Hac Vice Motion	Dec. 22, 2020	Dec. 22, 2020 PACER

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Case Details

State / Territory: Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five detainees with high-risk medical conditions held at the Central Arizona Florence Correctional Complex (CAFCC), on behalf of all detainees held or to be held by CAFCC. The class is subdivided into the Pretrial Class, comprised of detainees pending trial or sentencing on federal criminal charges, and the Post-Conviction class, comprised of post-conviction detainees.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

CoreCivic Warden , Private Entity/Person