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

Clearinghouse coding complete

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 TRO and preliminary injunction were denied as they were sought without notice to the defendant on May 11, and a…

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 TRO and preliminary injunction were denied as they were sought without notice to the defendant on May 11, and again on June 2 for failure to satisfy the deliberate indifference requirement. The plaintiffs sought partial reconsideration on June 16 and the defendants filed a motion to dismiss on August 11. The motion was granted as to the plaintiffs' Eighth Amendment claims, but denied as to the plaintiffs' Fifth Amendment claims on behalf of the pretrial class on February 19, 2021.


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 case in 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 both 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 failure to implement basic social distancing and hygiene measures, failure to disclose positive cases of COVID-19, and denial of emergency grievance requests from detainees, and therefore that current confinement conditions exposed sentenced prisoners to unreasonable risks of contracting COVID-19 in violation of their constitutional rights under the cruel and unusual punishment clause. The CAFCC housed mostly pre-trial detainees, the plaintiffs also alleged that such denial of medical care subjected individuals not convicted of any crime to unconstitutional punishment against their Fifth Amendment rights. The case was assigned to Judge Diane J. Humetewa, then referred to Magistrate Judge Deborah M. Fine.

The plaintiffs sought class certification on behalf of everyone held or to be held by CAFCC. Identified in the class were the Pretrial Class, comprised of individuals pending trial or sentencing on federal criminal charges, as well as the Post-Conviction class, comprised of post-conviction prisoners. The plaintiffs sought declaratory and injunctive relief and/or a writ of habeas corpus requiring social distancing and hygiene measures requiring an independent rule 706 expert to review existing health and safety policies at CoreCivic within 48 hours of Court’s order, and if needed, enforce expert-recommended safety procedures. They asked that if appropriate measures could not be achieved without reducing the detained population, the court 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 11, the TRO and preliminary injunction were denied because there had been no notice to the defendants. On May 14, the defendants opposed the TRO and argued 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 to expedite the ruling.

A hearing was held for the TRO and preliminary injunction on May 22. On June 2, the plaintiff's motion for TRO and preliminary injunction was denied because the plaintiffs had failed to prove deliberate indifference on the part of the defendants.

On June 16, the plaintiffs moved for partial reconsideration of the order, arguing that the legal standard used was meant for relief against state officials while the defendants in this case were federal officials.

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

The defendants submitted a joint motion to dismiss on August 11. They argued that the plaintiff's claims are now moot because she has 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 has received a “formal adjudication of guilt,” and thus her rights are now derived from the Eighth Amendment. They further argued that the court lacks jurisdiction over the plaintiff's petition for writs of habeas corpus and that the Prison Litigation Reform Act bars 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 granting plaintiff's motion for class certification and created two certified classes: The pretrial class and the post-conviction class.

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

The case is ongoing in the discovery phase.

Summary Authors

Averyn Lee (9/10/2020)

Chandler Hart-McGonigle (11/17/2020)

Tessa McEvoy (9/7/2021)

People

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


Judge(s)

Fine, Deborah M. (Arizona)

Humetewa, Diane Joyce (Arizona)

Zipps, Jennifer Guerin (Arizona)

Attorneys(s) 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)

Judge(s)

Fine, Deborah M. (Arizona)

Humetewa, Diane Joyce (Arizona)

Zipps, Jennifer Guerin (Arizona)

Attorneys(s) 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)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Lee, Jacob B. (Arizona)

Love, Rachel (Arizona)

Staes, William Charles (Arizona)

Struck, Daniel Patrick (Arizona)

Expert/Monitor/Master

Brinkley-Rubinstein, Lauren (North Carolina)

Camplain, Ricky L. (Arizona)

Franco-Paredes, Carlos (Colorado)

Goldenson, Joe (California)

Ivens, K. (Tennessee)

Nowotny, Kathryn M. (Florida)

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
1 (& 1-1 to 1-9)

2:20-cv-00901

Complaint

May 8, 2020

May 8, 2020

Complaint
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
6

2:20-cv-00901

Order

May 11, 2020

May 11, 2020

Order/Opinion
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
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
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
35 (& 35-1)

2:20-cv-00901

Motion for Reconsideration

June 16, 2020

June 16, 2020

Pleading / Motion / Brief

Resources

Docket

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

Last updated Aug. 30, 2022, 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

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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May 8, 2020

May 8, 2020

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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

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May 8, 2020

May 8, 2020

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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

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Text of Proposed Order

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May 8, 2020

May 8, 2020

PACER
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

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2 Summons

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3 Summons

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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

RECAP
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

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2 Summons

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3 Summons

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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

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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

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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

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2 Declaration of K. Ivens, M.D., F.A.C.C.P. (w/Attachment 01)

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3 Declaration of Warden K. Kline

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4 Attachments 01-11 to Declaration of Warden K. Kline

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5 Attachments 12-18 to Declaration of Warden K. Kline

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6 Attachements 19-27 to Declaration of Warden K. Kline

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7 Attachments 28-32 to Declaration of Warden K. Kline

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8 Declaration of A. Partain (w/Attachments 01-07)

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May 14, 2020

May 14, 2020

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17

Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons)(BAS) (Entered: 05/15/2020)

1 Summons

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May 15, 2020

May 15, 2020

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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

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May 15, 2020

May 15, 2020

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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

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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

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2 Supplemental Declaration of A. Partain

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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
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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

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May 22, 2020

May 22, 2020

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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
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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

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May 22, 2020

May 22, 2020

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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

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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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

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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
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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
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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
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*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
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*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

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June 16, 2020

June 16, 2020

PACER
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

PACER
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

PACER
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

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: Pending

Defendants

CoreCivic Warden , Private Entity/Person

U.S. Marshal for the District of Arizona, Federal

Director of the U.S. Marshals Service, Federal

Director of the Federal Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run