Case: Arizona v. Mayorkas

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $402.00, receipt number 0970-19346728 filed by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Civil Cover Sheet)(BAC) (Entered: 04/12/2021)

1 Civil Cover Sheet

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SUMMONS Submitted by Arizona, State of. (Ensign, Drew) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC) (Entered: 04/12/2021)

Filing fee paid, receipt number 0970-19346728. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-00617-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) (Entered: 04/12/2021)

Summons Issued as to Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/12/2021)

*Re-filed per Chambers at 7 as FAC - NOTICE of Errata re: 1 Complaint Corrected Complaint by Plaintiff Arizona, State of. (Attachments: # 1 Errata Corrected Complaint)(Ensign, Drew) *Modified on 4/14/2021 (MHW). (Entered: 04/12/2021)

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of. (19 pages)(MHW) *Modified file date from 4/14/2021 to 4/12/2021; NEF regenerated on 4/14/2021 (MHW)/(SCH). (Entered: 04/14/2021)

PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on July 13, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/14/21. (MAW) (Entered: 04/14/2021)

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Complaint, Civil Cover Sheet, Summons, Notice of Errata and Amended Complaint upon the following Federal Defendants: Alejandro Mayorkas on 4/20/21; Joseph Maher on 4/20/21; Troy Miller on 4/20/21; Tae Johnson on 4/20/21; US Attorney-District of Arizona on 4/14/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

*SERVICE EXECUTED filed by Arizona, State of: Affidavit of Service re: Court Order (Doc. 6) upon Federal Defendants: Alejandro Mayorkas on 4/19/21; Joseph Maher on 4/19/21; Troy Miller on 4/19/21; Tae Johnson on 4/19/21; US Attorney-District of Arizona on 4/16/21; Attorney General on 4/26/21; and Brian Boynton (Acting Assistant Attorney General) on 4/26/21. (Attachments: # 1 Affidavit Affidavit of Service by Certified Mail)(Ensign, Drew) *Modified to correct text on 5/28/2021 (MHW). (Entered: 05/27/2021)

NOTICE OF ATTORNEY APPEARANCE: Tyler M. Alexander appearing for Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. . (Alexander, Tyler) (Entered: 06/09/2021)

Joint MOTION for Extension of Time to File an Answer or Motion to Dismiss by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Ensign, Drew) (Entered: 06/10/2021)

ORDER: IT IS ORDERED that the parties' stipulation (Doc. 11 ) is granted. The deadline for Defendants to respond to the complaint is stayed. Plaintiff shall file a First Amended Complaint ("FAC") by July 12, 2021. Defendants' response to the FAC shall be due 30 days after the filing date of the FAC. Ordered by Judge Dominic W Lanza on 6/10/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/10/2021)

Order on Motion for Extension of Time to File Document

*FIRST AMENDED COMPLAINT against All Defendants filed by Arizona, State of.(Ensign, Drew) *Modified text on 7/13/2021 (WLP). (Entered: 07/12/2021)

*MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order re: Motion for Leave, # 2 Supplement Proposed Motion for Preliminary Injunction, # 3 Text of Proposed Order Proposed Order re: Motion for Preliminary Injunction, # 4 Affidavit Flood Declaration and Expert Report, # 5 Affidavit Napier Declaration, # 6 Affidavit Lamb Declaration)(Ensign, Drew) *Modified to correct event on 7/13/2021 (WLP). (Entered: 07/12/2021)

*(Filed at Doc. 17 ) LODGED Proposed Motion for Preliminary Injunction and Supporting Documents re: 14 MOTION for Leave to File Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit Flood Declaration and Expert Report, # 3 Affidavit Napier Declaration, # 4 Affidavit Lamb Declaration, # 5 Affidavit Makar Declaration Part 1, # 6 Affidavit Makar Declaration Part 2)(Ensign, Drew) Modified on 7/14/2021 (LAD). (Entered: 07/12/2021)

1 Text of Proposed Order Proposed Order

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2 Affidavit Flood Declaration and Expert Report

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3 Affidavit Napier Declaration

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4 Affidavit Lamb Declaration

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5 Affidavit Makar Declaration Part 1

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6 Affidavit Makar Declaration Part 2

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ORDER: IT IS ORDERED that the State's motion to exceed page limitation (Doc. 14 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall file the State's lodged proposed motion for preliminary injunction (Doc. 15). The page limitation for responses is likewise expanded to 40 pages, and the State's reply shall not exceed 25 pages. Ordered by Judge Dominic W Lanza on 7/14/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/14/2021)

MOTION for Preliminary Injunction by Arizona, State of. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Cameo Flood, # 3 Declaration of Mark Napier, # 4 Declaration of Mark Lamb, # 5 Declaration of Robert J Makar (Part 1), # 6 Declaration of Robert J Makar (Part 2))(LAD) (Entered: 07/14/2021)

1 Text of Proposed Order

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2 Declaration of Cameo Flood

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3 Declaration of Mark Napier

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4 Declaration of Mark Lamb

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5 Declaration of Robert J Makar (Part 1)

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6 Declaration of Robert J Makar (Part 2)

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Order on Motion for Leave to File Excess Pages

*NOTICE of Appearance by Tyler McVeigh Alexander on behalf of Lloyd Austin,, United States Department of Defense. (Alexander, Tyler) *Modified on 7/19/2021 to correct filers (KAH). (Entered: 07/19/2021)

Joint MOTION for Extension of Time Joint Motion for Briefing Schedule on Plaintiff's Motion for Preliminary Injunction and Defendants' Motion to Dismiss by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Alexander, Tyler) (Entered: 07/23/2021)

ORDER granting 19 Motion for Extension of Time. 1) Defendants shall file their brief opposing Plaintiff's Motion for Preliminary Injunction by August 26, 2021; 2) Plaintiff shall file its reply brief by September 27, 2021; 3) Defendants shall file their Motion to Dismiss and brief in support by October 1, 2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/27/21. (MAW) (Entered: 07/27/2021)

NOTICE re: Factual and Legal Developments by Arizona, State of re: 17 MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit Second Makar Declaration, # 2 Affidavit Rassas Declaration)(Ensign, Drew) (Entered: 08/20/2021)

Consent MOTION for Extension of Time to file Opposition to Plaintiffs' Motion for Preliminary Injunction, Consent MOTION for Leave to File Excess Pages by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 08/23/2021)

ORDER: IT IS ORDERED that Defendants' unopposed motion (Doc. 22 ) is granted. The deadline for Defendants to file their brief opposing Plaintiff's Motion for Preliminary Injunction is extended to September 3, 2021, and the page limitation for that brief is expanded to 50 pages. The deadline for Plaintiff to file its reply brief is extended to October 4, 2021, and the page limitation for that brief is extended to 30 pages. Ordered by Judge Dominic W Lanza on 8/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/24/2021)

Order on Motion for Leave to File Excess Pages AND Order on Motion for Extension of Time

RESPONSE in Opposition re: 17 MOTION for Preliminary Injunction filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Affidavit Exhibit 1, Declaration of Paul Enriquez, # 2 Affidavit Exhibit 2, Declaration of David Shahoulian, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Alexander, Tyler) (Entered: 09/03/2021)

1 Affidavit Exhibit 1, Declaration of Paul Enriquez

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2 Affidavit Exhibit 2, Declaration of David Shahoulian

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Consent MOTION for Extension of Time to File Response/Reply as to 24 Response in Opposition to Motion by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 09/27/2021)

ORDER: IT IS ORDERED that the State's unopposed motion to extend deadline (Doc. 25 ) is granted. The deadline for the State to file a reply in support of its motion for preliminary injunction is extended to October 15, 2021. Ordered by Judge Dominic W Lanza on 9/28/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/28/2021)

Order on Motion for Extension of Time to File Response/Reply

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 - June 15, 2021 GAO Decision)(Alexander, Tyler) (Entered: 10/01/2021)

1 Exhibit 1 - June 15, 2021 GAO Decision

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REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration)(Ensign, Drew) (Entered: 10/15/2021)

*CORRECTED REPLY to Response to Motion re: 17 MOTION for Preliminary Injunction (Corrected) filed by Arizona, State of. (Attachments: # 1 Affidavit 3d Makar Declaration Part 1, # 2 Affidavit 3d Makar Declaration Part 2, # 3 Affidavit Chilton Declaration, # 4 Affidavit Dannels Declaration, # 5 Affidavit 2d Lamb Declaration)(Ensign, Drew) *Modified text to include corrected on 10/19/2021. (SMH) (Entered: 10/18/2021)

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 10/25/2021)

*SECOND NOTICE re: Additional Factual Developments by Arizona, State of . (Attachments: # 1 Attachment Washington Post Article)(Ensign, Drew) *Modified on 10/26/2021 to reflect "second." (SMH) (Entered: 10/25/2021)

ORDER: IT IS ORDERED that Plaintiff's unopposed motion for extension of time (Doc. 30 ) is granted. The deadline for Plaintiff to respond to the motion to dismiss is extended to November 18, 2021. Ordered by Judge Dominic W Lanza on 10/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/26/2021)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, RESPONSE to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Arizona, State of. (Ensign, Drew) (Entered: 11/18/2021)

Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 11/23/2021)

ORDER: IT IS ORDERED that Defendants' unopposed motion for extension of time (Doc. 34 ) is granted. The deadline for Defendants to file a reply in support of their motion to dismiss is extended to December 10, 2021. Ordered by Judge Dominic W Lanza on 11/24/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/24/2021)

Order on Motion for Extension of Time to File Response/Reply

REPLY to Response to Motion re: 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 12/10/2021)

NOTICE re: Supplemental Authority by Arizona, State of . (Ensign, Drew) (Entered: 01/03/2022)

NOTICE re: Additional Factual and Legal Developments by Arizona, State of . (Attachments: # 1 Exhibit State's FOIA Request)(Ensign, Drew) (Entered: 01/10/2022)

1 Exhibit State's FOIA Request

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*MOTION To Set a Status Conference by Arizona, State of. (Attachments: # 1 Proposed Order Proposed Order)(Ensign, Drew) *Modified to correct event type on 1/12/2022. (SMH) (Entered: 01/11/2022)

RESPONSE in Opposition re: 39 MOTION for Hearing or Conference filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 01/12/2022)

ORDER: IT IS ORDERED that the State's motion to set a status conference (Doc. 39 ) is denied. IT IS FURTHER ORDERED that Defendants' response to the State's supplemental filings must be filed by January 21, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/13/22. (MAW) (Entered: 01/13/2022)

RESPONSE re: 38 Notice (Other), 37 Notice (Other) by Defendants Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Alexander, Tyler) (Entered: 01/21/2022)

MINUTE ORDER: Telephonic Motion Hearing set for 2/1/2022 at 02:30 PM (Arizona time) before Judge Dominic W Lanza as to 17 MOTION for Preliminary Injunction. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones, head sets and connections through the internet are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 01/25/2022)

~Util - Set/Reset Motion and R&R Deadlines/Hearings

*Reply to Defendants' Response to Notices by Arizona, State of re: 42 Response. (Ensign, Drew) *Modified to correct event type on 1/28/2022. (SMH) Attorney notified. (Entered: 01/26/2022)

NOTICE OF TENTATIVE RULING: In advance of the motion hearing on February 1, 2022, the Court wishes to provide the parties with its tentative ruling. This is, to be clear, only a tentative ruling. The point of providing it beforehand is to allow the parties to focus their argument on the issues that seem salient to the Court and to maximize their ability to address any perceived errors in the Court's logic. This is not an invitation to submit additional briefing [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/27/22. (MAW) (Entered: 01/27/2022)

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Motion Hearing held on 2/1/2022. Argument held. IT IS ORDERED taking under advisement 17 Motion for Preliminary Injunction. APPEARANCES: Drew Ensign, Robert Makar and Brunn Roysden, III (all appearing telephonically) for Plaintiff. Tyler Alexander (appearing telephonically) for Defendants. (Court Reporter Candy Potter) Hearing held 2:31 PM to 3:45 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 02/01/2022)

Motion Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Preliminary Injunction

1 - Common Prompts (Text Only) AND Motion Hearing AND Order on Motion for Preliminary Injunction

1 - Common Prompts (Text Only) AND Order on Motion for Preliminary Injunction AND Motion Hearing

ORDER: IT IS ORDERED that the State's motion for preliminary injunction (Doc. 17 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/7/22. (MAW) (Entered: 02/07/2022)

MOTION for Jurisdictional Discovery by Arizona, State of. (Attachments: # 1 Exhibit Exhibit, # 2 Proposed Order Proposed Order)(Ensign, Drew) (Entered: 02/17/2022)

1 Exhibit Exhibit

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2 Proposed Order Proposed Order

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Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Jurisdictional Discovery by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 02/28/2022)

1 Proposed Order

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ORDER: IT IS ORDERED that Defendants' Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Jurisdictional Discovery (Doc. 49 ) is granted. The deadline for Defendants to file their response is March 17, 2022. Ordered by Judge Dominic W Lanza on 3/1/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 03/01/2022)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re: 48 MOTION for Jurisdictional Discovery filed by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) (Entered: 03/17/2022)

REPLY to Response to Motion re: 48 MOTION for Jurisdictional Discovery filed by Arizona, State of. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Ensign, Drew) (Entered: 03/24/2022)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 47 Order on Motion for Preliminary Injunction by Arizona, State of. Filing fee received: $ 505.00, receipt number AAZDC-20539456. (Ensign, Drew) (Entered: 04/08/2022)

USCA Case Number re: 53 Notice of Interlocutory Appeal. Case number 22-15519, Ninth Circuit. (BAC) (Entered: 04/13/2022)

MINUTE ORDER: Motion Hearing re: 48 MOTION for Jurisdictional Discovery, 27 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim is hereby set for 4/26/2022 at 10:00 AM (Arizona Time) in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza. Counsel may either appear in person or telephonically for said hearing. Counsel are directed to notify the Court no later than Noon, 4/25/2022 whether they wish to appear telephonically or will be appearing in person for said hearing. The call-in information is as follows: 1-866 390-1828; Access code: 9667260. Speaker phones, headsets and connections through the internet are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/15/2022)

NOTICE OF TENTATIVE RULING: In advance of the motion hearing on April 26, 2022, the Court wishes to provide the parties with its tentative ruling. This is, to be clear, only a tentative ruling. The point of providing it beforehand is to allow the parties to focus their argument on the issues that seem salient to the Court and to maximize their ability to address any perceived errors in the Court's logic. This is not an invitation to submit additional briefing. Signed by Judge Dominic W Lanza on 4/15/2022. (See Order for details.) (LFIG) (Entered: 04/15/2022)

~Util - Set/Reset Motion and R&R Deadlines/Hearings

TRANSCRIPT REQUEST *re 53 NOTICE OF INTERLOCUTORY APPEAL by Arizona, State of for proceedings held on 2/1/22, Judge Dominic W Lanza hearing judge(s). (Ensign, Drew) *Modified to reference appeal and create docket entry relationship on 5/3/2022 (RAP). (Entered: 04/19/2022)

NOTICE of Appearance by James Kenneth Rogers on behalf of Arizona, State of. (Rogers, James) (Entered: 04/21/2022)

*NOTICE re: of Telephonic Appearance by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security re: 55 Minute Order. (Alexander, Tyler) *Modified docket entry on 4/25/2022. (SMH) (Entered: 04/22/2022)

NOTICE re: Additional Evidence by Arizona, State of . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Ensign, Drew) (Entered: 04/24/2022)

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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NOTICE re: In-Person Appearance by Arizona, State of . (Rogers, James) (Entered: 04/25/2022)

NOTICE re: Supplemental Authority by Arizona, State of. (Attachments: # 1 Exhibit Exhibit)(Ensign, Drew) (Entered: 04/25/2022)

1 Exhibit Exhibit

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings for date of 02/01/2022 before Judge DOMINIC W. LANZA re: 53 Notice of Interlocutory Appeal. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. 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 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022. (RAP) (Entered: 05/03/2022)

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 4/26/2022. Argument held. IT IS ORDERED taking under advisement 27 Defendants' Motion to Dismiss and taking under advisement 48 Plaintiff's Motion for Jurisdictional Discovery. APPEARANCES: Drew Ensign and James Rogers for Plaintiff. Tyler Alexander (appearing telephonically) for Defendants. (Court Reporter Candy Potter) Hearing held 10:00 AM to 10:40 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/26/2022)

Motion Hearing AND Order on Motion to Dismiss for Failure to State a Claim AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion for Miscellaneous Relief

Motion Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss/Lack of Jurisdiction

Motion Hearing AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction AND 1 - Common Prompts (Text Only) AND Order on Motion for Miscellaneous Relief

1 - Common Prompts (Text Only) AND Order on Motion for Miscellaneous Relief AND Motion Hearing AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

1 - Common Prompts (Text Only) AND Motion Hearing AND Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction

ORDER: IT IS ORDERED that Defendants' motion to dismiss (Doc. 27 ) is granted in part. Counts One, Two, and Seven of the FAC are dismissed without leave to amend. Count Five of the FAC is dismissed with leave to amend. IT IS FURTHER ORDERED that the State may file a Second Amended Complaint ("SAC") within 14 days of the issuance of the Supreme Court's decision in Biden v. Texas. If the State files a SAC, the changes shall be limited to attempting to cure the deficiencies raised in this order and the State shall, consistent with LRCiv 15.1(a), attach a redlined version of the pleading as an exhibit. IT IS FURTHER ORDERED that the parties file supplemental briefing regarding Counts Three and Six. Each side's brief, which may not exceed 10 pages, must be filed within 14 days of the issuance of the Supreme Court's decision in Biden v. Texas. IT IS FURTHER ORDERED that the State's motion for jurisdictional discovery (Doc. 48 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/28/22. (MAW) (Entered: 04/28/2022)

MOTION for Reconsideration re: 64 Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,, Jurisdictional Discovery by Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Rogers, James) (Entered: 05/12/2022)

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3 Proposed Order

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ORDER: IT IS ORDERED that the State's motion for reconsideration (Doc. 66 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/27/22. (MAW) (Entered: 06/27/2022)

First MOTION for Extension of Time To File Supplemental Briefs and to Amend Complaint by Arizona, State of. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 07/11/2022)

ORDER: IT IS ORDERED that Plaintiff's unopposed motion (Doc. 68 ) is granted. The parties' deadline to file supplemental briefs and Plaintiff's deadline to file a Second Amended Complaint are extended to August 4, 2022. Ordered by Judge Dominic W Lanza on 7/11/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/11/2022)

Order on Motion for Extension of Time

*MEMORANDUM - Defendants' Supplemental Brief on Mootness 69 Order, 64 Order, by Defendants Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Alexander, Tyler) *Modified docket text on 8/5/2022. (SMH) (Entered: 08/04/2022)

*MEMORANDUM - Plaintiffs' Supplemental Brief Regarding Counts Three and Six 64 Order, by Plaintiff Arizona, State of. (Rogers, James) *Modified docket text on 8/5/2022. (SMH) (Entered: 08/04/2022)

*STRICKEN by Doc. 73 * AMENDED COMPLAINT Second against All Defendants filed by Arizona, State of. (Attachments: # 1 Exhibit Redline of Second Amended Complaint)(Rogers, James) Modified on 8/5/2022 (MAW). (Entered: 08/04/2022)

ORDER: IT IS ORDERED that: 1. The Clerk shall strike the State's Second Amended Complaint (Doc. 72 ). 2. The State shall, within 14 days of the issuance of this order, re-file the now-stricken SAC with proof of Defendants' written consent or file a motion for leave to amend as to Counts Three and Six [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/5/22. (MAW) (Entered: 08/05/2022)

AMENDED COMPLAINT Second against All Defendants filed by Arizona, State of. (Attachments: # 1 Attachment Redline of Second Amended Complaint, # 2 Attachment Consent of Federal Defendants to State's filing of Second Amended Complaint)(Rogers, James) (Entered: 08/15/2022)

1 Attachment Redline of Second Amended Complaint

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2 Attachment Consent of Federal Defendants to State's filing of Second Amende

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Consent MOTION for Extension of Time to Respond to Arizona's Second Amended Complaint by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Alexander, Tyler) (Entered: 08/23/2022)

ORDER: IT IS ORDERED that Defendants' unopposed motion (Doc. 75 ) is granted. The deadline for Defendants to respond to the Second Amended Complaint is extended to September 19, 2022. Ordered by Judge Dominic W Lanza on 8/23/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/23/2022)

Order on Motion for Extension of Time

MANDATE of USCA re: 53 Notice of Interlocutory Appeal filed by Arizona, State of. Appellant's motion for voluntary dismissal of this appeal (Docket Entry No. 11) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. (BAC) (Entered: 09/13/2022)

*MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lloyd Austin, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Defense, United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Alexander, Tyler). *Modified to add motion part; attorney noticed on 9/20/2022 (SST). (Entered: 09/19/2022)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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First MOTION for Extension of Time to File Response/Reply as to 78 MOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim by Arizona, State of. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 10/12/2022)

ORDER: IT IS ORDERED that the State's unopposed motion to extend deadline (Doc. 79 ) is granted. The deadline for the State to respond to Defendants' renewed partial motion to dismiss (Doc. 78 ) is extended to November 18, 2023. Ordered by Judge Dominic W Lanza on 10/13/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/13/2022)

Order on Motion for Extension of Time to File Response/Reply