Case: Enos v. State of Arizona

2:16-cv-00384 | U.S. District Court for the District of Arizona

Filed Date: Feb. 11, 2016

Closed Date: Dec. 30, 2019

Clearinghouse coding complete

Case Summary

This is a case about deaf persons’ ability to meaningfully access 911 services.   On February 11, 2016, the National Association of the Deaf filed this lawsuit on behalf of three plaintiffs in the U.S. District Court for Arizona. The plaintiffs sued the State of Arizona, Maricopa County Board of Supervisors, City of Surprise, City of Tempe and the City of Phoenix.  Plaintiffs alleges violations of Title II of the ADA and Section 504 because defendants failed to ensure that the multiple governme…

This is a case about deaf persons’ ability to meaningfully access 911 services.  

On February 11, 2016, the National Association of the Deaf filed this lawsuit on behalf of three plaintiffs in the U.S. District Court for Arizona. The plaintiffs sued the State of Arizona, Maricopa County Board of Supervisors, City of Surprise, City of Tempe and the City of Phoenix.  Plaintiffs alleges violations of Title II of the ADA and Section 504 because defendants failed to ensure that the multiple governmental defendants denied persons who are deaf or hard of hearing had meaningful access to public service access points or PSAPs by failing to provide accessible text-to-911 service when they were outside their homes or beyond access to high-speed internet. Judge John J Tuchi presided.  

On July 29, 2016, the defendants filed a motion to dismiss for failure to state a claim. 

On February 10, 2017, the court rejected defendants’ motion to dismiss because the plaintiffs stated a valid claim about being denied meaningful access to PSAPs.  

On February 22, 2018, the parties notified the court that they entered into a settlement agreement and the case was dismissed with prejudice on December 30, 2019. The terms of the settlement are unknown the  Clearinghouse at this time. 

The case is now closed. 

Summary Authors

NDRN (12/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5644780/parties/enos-v-arizona-state-of/


Judge(s)
Attorney for Plaintiff

Carlsen, Christian Blair (Arizona)

Attorney for Defendant

Bhatheja, Anoop (Arizona)

Bonnell, Nancy M (Arizona)

Coffman, Dale Samuel (Arizona)

Craiger, Emily Mae (Arizona)

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Documents in the Clearinghouse

Document
1

2:16-cv-00384

Complaint

Feb. 11, 2016

Feb. 11, 2016

Complaint
50

2:16-cv-00384

Motion to Dismiss on Behalf of Defendant City of Surprise

July 29, 2016

July 29, 2016

Pleading / Motion / Brief
83

2:16-cv-00384

Order

Feb. 10, 2017

Feb. 10, 2017

Order/Opinion

2017 WL 553039

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5644780/enos-v-arizona-state-of/

Last updated Feb. 1, 2025, 10:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12625249 filed by Terri Guy, Norbert Enos, Julian Singleton, National Association of the Deaf. (submitted by Asim Dietrich) (Attachments: # 1 Civil Cover Sheet)(LAD) (Entered: 02/11/2016)

1 Civil Cover Sheet

View on PACER

Feb. 11, 2016

Feb. 11, 2016

Clearinghouse
2

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by National Association of the Deaf, Julian Singleton, Norbert Enos, Terri Guy. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
3

Filing fee paid, receipt number 0970-12625249. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-16-00384-PHX-JJT. (LAD) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
4

Additional Attachments to Main Document re: 2 Notice of Deficiency (Text Only) by Plaintiff Norbert Enos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Dietrich, Asim) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
5

ORDER: IT IS ORDERED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this order on defendants. (See attached Order for complete details). Signed by Judge John J Tuchi on 2/12/16. (JAMA) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
6

MOTION for Admission Pro Hac Vice as to attorney Debra Patkin on behalf of Norbert Enos, Terri Guy, National Association of the Deaf, and Julian Singleton. (BAS) (Entered: 03/04/2016)

March 3, 2016

March 3, 2016

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX169263 as to Debra Patkin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 4, 2016

March 4, 2016

PACER
7

ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Mary C Vargas on behalf of Norbert Enos, National Association of the Deaf, and Julian Singleton. (BAS) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Michael Steven Stein on behalf of Norbert Enos, National Association of the Deaf, and Julian Singleton. (BAS) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER

PRO HAC VICE FEE PAID. $ 70, receipt number PHX169383 as to Michael Steven Stein, Mary C Vargas. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

March 7, 2016

March 7, 2016

PACER
10

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
11

SUMMONS Submitted by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Dietrich, Asim) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
12

SUMMONS Submitted by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Dietrich, Asim) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
13

SUMMONS Submitted by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Dietrich, Asim) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
14

SUMMONS Submitted by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Dietrich, Asim) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
15

Summons Issued as to Domela Finnessey, WJ Lane, Maricopa Association of Governments, Jay Strebeck. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
16

ORDER: IT IS ORDERED pursuant to Rule 4(m), Fed. R. Civ. P., that this action shall be dismissed without further notice after May 12, 2016, unless before then Plaintiffs have served Defendants with the Summons and Complaint and has filed with the Clerk of the Court proof thereof pursuant to Rule 4(l) or has shown good cause for the failure to timely serve. (See attached Order). Signed by Judge John J Tuchi on 4/13/16. (JAMA) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
17

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 2/16/2016 to Arizona Department of Administration and Arizona Department of Administration - Arizona Strategic Enterprise Technology Office. (Attachments: # 1 Exhibit Waiver)(Dietrich, Asim) *Modified to correct event and add filers on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
18

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 3/17/2016 to City of Surprise Police Department. (Attachments: # 1 Exhibit Waiver)(Dietrich, Asim) *Modified to correct event and add filers on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
19

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 2/16/2016 to Maricopa County Sheriff's Office. (Attachments: # 1 Exhibit Waiver)(Dietrich, Asim) *Modified to correct event and add filers on on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
20

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 2/16/2016 to Joseph Arpaio. (Attachments: # 1 Waiver)(Dietrich, Asim) *Modified to correct event and add filers on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
21

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 2/16/2016 to State of Arizona, Craig Brown, Morgan Reed and Barbara Jaeger . (Attachments: # 1 Waiver)(Dietrich, Asim) *Modified to correct event and add filers on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
22

*SERVICE EXECUTED filed by Norbert Enos, National Association of the Deaf, Julian Singleton: Rule 4 Waiver of Service of Summons. Waiver sent on 3/17/2016 to Terry Young. (Attachments: # 1 Waiver)(Dietrich, Asim) *Modified to correct event and add filers on 4/15/2016 (ATD). (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
23

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
24

Summons Issued as to Elizabeth Graeber. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
25

First ANSWER to 1 Complaint by Arizona Department of Administration, Arizona Department of Administration - Arizona Strategic Enterprise Technology Office, Arizona, State of, Craig Brown, Barbara Jaeger, Morgan Reed.(Hartman-Tellez, Karen) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
26

*SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons and Complaint upon statutory agent Dickinson Wright PLLC for Maricopa Association of Governments on April 13, 2016. (Dietrich, Asim) *Modified to correct party served and service date on 4/25/2016 (REK). (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
27

*SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons and Complaint upon Domela Finnessey on April 12, 2016. (Dietrich, Asim) *Modified to correct party served and service date on 4/25/2016 (REK). (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
28

*SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons.Complaint upon WJ Lane on April 13, 2016. (Dietrich, Asim) *Modified to correct party served on 4/25/2016 (REK). (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
29

SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons.Complaint on behalf of Jay Strebeck upon Lisa Wood Administrative Assistant on April 19, 2016. (Dietrich, Asim) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
30

SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons.Complaint upon Elizabeth Graeber by Authorized Agent on April 19, 2016. (Dietrich, Asim) (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
31

ANSWER to 1 Complaint by Domela Finnessey, Elizabeth Graeber, WJ Lane, Maricopa Association of Governments, Jay Strebeck.(Tiffen, Anne) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
32

ORDER: IT IS ORDERED that counsel for the Plaintiffs apply for entry of default as to Defendants Maricopa County Sheriff's Office and Joseph M. Arpaio or file a status report within seven days of the date of this Order concerning the status of this case. IT IS FURTHER ORDERED that the matter will be dismissed without further notice as to Defendants Maricopa County Sheriffs Office and Joseph M. Arpaio if counsel fails to apply for entry of default or file a status report regarding these two Defendants within seven days of the date of this Order. (See attached Order). Signed by Judge John J Tuchi on 5/5/16. (JAMA) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
33

*REPORT of Status Report re: 32 by Plaintiff Norbert Enos, Terri Guy, Julian Singleton, and National Association of the Deaf. (Dietrich, Asim) *Modified to add filers on 5/16/2016 (REK). (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
34

NOTICE re: Extension of Time to File Defendant City of Surprise Police Department and Terry Young's Responsive Pleading by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton . (Daly-Rooney, Rose) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
35

ORDER: IT IS HEREBY ORDERED that Plaintiffs are to file an Amended Complaint on or before June 10, 2016. IT IS FURTHER ORDERED that all Defendants are to file an Answer or otherwise respond to the Amended Complaint by August 1, 2016. (See attached Order for complete details). Signed by Judge John J Tuchi on 5/25/16. (JAMA) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
36

AMENDED COMPLAINT [Doc 35] against All Defendants filed by Norbert Enos. (Attachments: # 1 Exhibit A)(Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
37

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
38

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
39

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
40

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
41

SUMMONS Submitted by Norbert Enos. (Dietrich, Asim) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
42

Summons Issued as to City of Phoenix, City of Surprise, City of Tempe, Maricopa County, Paul Shannon. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
43

SERVICE EXECUTED filed by Norbert Enos: Affidavit of Service re: Summons and Amended Complaint served upon Maricopa County on June 15, 2016. (Dietrich, Asim) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
44

SERVICE EXECUTED filed by Norbert Enos: Affidavit of Service re: Summons and Amended Complaint served upon City of Phoenix on June 14, 2016. (Dietrich, Asim) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
45

SERVICE EXECUTED filed by Norbert Enos: re: Summons and Amended Complaint served upon City of Tempe on June 15, 2016. (Dietrich, Asim) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
46

SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons and Amended Complaint served upon City of Surprise on June 15, 2016. (Dietrich, Asim) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
47

SERVICE EXECUTED filed by Norbert Enos: Return of Service re: Summons and Amended Complaint served upon Paul Shannon on June 28, 2016. (Dietrich, Asim) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
48

First MOTION for Extension of Time to File Answer by Tempe, City of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Niederbaumer, Michael) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
49

ORDER: IT IS ORDERED granting the the Stipulated Motion to Extend Deadline Within Which Defendant City of Tempe Must Answer or Otherwise Respond to the Amended Complaint(Doc. 48 ). Defendant City of Tempe has until August 1, 2016, to answer or otherwise respond to Plaintiffs' Amended Complaint (Doc. 36 ). (See attached Order). Signed by Judge John J Tuchi on 7/7/16.(JAMA) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
50

MOTION to Dismiss for Failure to State a Claim by Surprise, City of. (Uhrman, Barry) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

Clearinghouse
51

Joinder re: 50 MOTION to Dismiss for Failure to State a Claim by Defendant Tempe, City of. filed by Tempe, City of. (Niederbaumer, Michael) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
52

Joinder re: 50 MOTION to Dismiss for Failure to State a Claim //Joinder by Defendants Maricopa Association of Governments and Elizabeth Graeber in: Motion to Dismiss on Behalf of Defendant City of Surprise by Defendants Elizabeth Graeber, Maricopa Association of Governments. filed by Elizabeth Graeber, Maricopa Association of Governments. (Tiffen, Anne) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
53

Joinder re: 50 MOTION to Dismiss for Failure to State a Claim Defendant Maricopa County Joinder to Defendant City of Surprise Motion to Dismiss by Defendant Maricopa County Board of Supervisors. (Newton, Brandon) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
54

*MOTION to Dismiss for Failure to State a Claim and Partial Joinder in City of Surprise's Motion to Dismiss re: 50 Motion to Dismiss for Failure to State a Claim by Arizona Department of Administration, Arizona, State of, Craig Brown, Barbara Jaeger, Morgan Reed, Paul Shannon. (Hartman-Tellez, Karen) *Modified to correct event and add link on 8/2/2016 (REK). (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
55

* Joinder By City of Phoenix In Motion to Dismiss Plaintiffs' Amended Complaint re: 50 Motion to Dismiss for Failure to State a Claim by Phoenix, City of. (Bhatheja, Anoop) *Modified to correct event and add link on 8/2/2016 (REK). (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
56

* MOTION to Amend/Correct Docket or in the Alternative to Extend the Deadline for Plaintiffs to File Their Responses to Defendants' Motions to Dismiss and Joinders by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Daly-Rooney, Rose). * Added MOTION for Extension of Time to File Responses to Motions to Dismiss and Joinders on 8/11/2016 (LAD). (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
57

ORDER: IT IS ORDERED granting 56 Plaintiffs' Motion to Correct Docket or in the Alternative to Extend the Deadline for Plaintiffs to File their Responses to Defendants' Motions to Dismiss and Joinders. Plaintiffs' Response to both Motions to Dismiss (Docs. 50 and 54 ) shall be due not later than August 31, 2016. (See attached Order for additional details). Signed by Judge John J Tuchi on 8/12/16.(JAMA) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
58

MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit of Plaintiffs Response to Defendant City of Surprise's Motion to Dismiss and Joinders by Other Defendants by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Attachments: # 1 Text of Proposed Order)(Daly-Rooney, Rose) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
59

***Filed at 63 per Order 62 ***LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Dismiss and Joinders. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by National Association of the Deaf, Julian Singleton. (Attachments: # 1 Affidavit Exhibit A, # 2 Affidavit Exhibit B, # 3 Affidavit Exhibit C)(Daly-Rooney, Rose) Modified on 9/2/2016 (REK). (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
60

RESPONSE in Opposition re: 54 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Opposition to Defendant State of Arizona's Motion to Dismiss Individual State Defendants filed by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Daly-Rooney, Rose) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
61

ORDER: IT IS ORDERED granting 58 Plaintiff's Motion to Exceed Page Limit for Plaintiffs to File a Response to Defendant City of Surprise's Motion to Dismiss and Joinders by other Defendants. The page limit for Plaintiffs to file a response is extended from seventeen (17) pages to twenty-three (23) pages. Signed by Judge John J Tuchi on 9/2/16.(JAMA) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
62

ORDER: Having already granted Plaintiffs' Motion to Exceed Page Limit (Doc. 61 ), IT IS ORDERED directing the Clerk of Court to file on the docket the document currently lodged at Doc. 59 . Signed by Judge John J Tuchi on 9/02/2016. (REK) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
63

RESPONSE in Opposition re: 54 MOTION to Dismiss for Failure to State a Claim, 50 MOTION to Dismiss for Failure to State a Claim and Joinders 51, 52, 53, and 55 filed by National Association of the Deaf, Julian Singleton. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (REK) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
64

NOTICE of Errata re: 63 Response in Opposition to Motion, 59 Lodged Proposed Document by Plaintiffs Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton.. (Attachments: # 1 Affidavit Exhibit A, # 2 Affidavit Exhibit B, # 3 Affidavit Exhibit C)(Daly-Rooney, Rose) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
65

*MOTION for Extension of Time to Submit Reply In Support of 50 Motion to Dismiss by Surprise, City of. (Attachments: # 1 Text of Proposed Order)(Uhrman, Barry) *Modified to correct motion type and add link on 9/13/2016 (REK). (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
66

* MOTION for Extension of Time to File Response/Reply as to 50 Motion to Dismiss and Joinder re: 65 MOTION for Extension of Time to File Response/Reply by Maricopa Association of Governments. (Attachments: # 1 Text of Proposed Order Order)(Tiffen, Anne) *Modified to add and correct document links on 9/14/2016 (REK). (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
67

ORDER: IT IS HEREBY ORDERED granting the Motion for Extension of Time (Doc. 65 ). Defendant City of Surprise shall file its Reply in support of its Motion to Dismiss (Doc. 50 ) on or before September 19, 2016. Signed by Judge John J Tuchi on 9/14/16.(JAMA) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
68

ORDER: IT IS HEREBY ORDERED granting the Defendants Maricopa Association of Governments and Elizabeth Graeber's Joinder in Motion (Doc. 66 ). IT IS FURTHER ORDERED that Defendants Maricopa Association of Governments and Elizabeth Graeber have until September 19, 2016, to file their reply in support of their joinder in the City of Surprise' Motion to Dismiss (Doc. 50, 52 ). Signed by Judge John J Tuchi on 9/16/16.(JAMA) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
69

*Filed at (Doc. 79 ) LODGED Proposed City of Surprise's Reply in Support of its Motion to Dismiss Plaintiffs' Amended Complaint re: 70 MOTION for Leave to File Excess Pages Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Surprise, City of. (Uhrman, Barry) *Modified to correct document link on 9/20/2016 (REK). Modified on 9/29/2016 (EJA). (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
70

MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Surprise, City of. (Attachments: # 1 Text of Proposed Order)(Uhrman, Barry) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
71

Joinder re: 69 Lodged Proposed Document by Defendant Tempe, City of. filed by Tempe, City of. (Niederbaumer, Michael) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
72

Joinder re: 69 Lodged Proposed Document DEFENDANT MARICOPA COUNTY'S JOINDER TO DEFENDANT CITY OF SURPRISE REPLY IN SUPPORT OF MOTION TO DISMISS by Defendant Maricopa County Board of Supervisors. (Craiger, Emily) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
73

Joinder re: 69 Lodged Proposed Document to Reply in Support of Motion to Dismiss on Behalf of Defendant City of Surprise by Defendants Elizabeth Graeber, Maricopa Association of Governments. filed by Elizabeth Graeber, Maricopa Association of Governments. (Tiffen, Anne) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
74

Joinder re: 69 Lodged Proposed Document to City of Surprise's Reply in Support of Motion to Dismiss by Defendant Phoenix, City of. filed by Phoenix, City of. (Fugate, Joel) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
75

*REPLY to Response to Motion re: 54 MOTION to Dismiss for Failure to State a Claim and Partial Joinder in 69 City of Surprise's Reply in Support of Motion to Dismiss filed by Arizona Department of Administration, Arizona, State of, Craig Brown, Barbara Jaeger, Morgan Reed, Paul Shannon. (Hartman-Tellez, Karen) *Modified to add document link on 9/20/2016 (REK). (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
76

MOTION for Leave to File Sur-Reply by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Attachments: # 1 Text of Proposed Order)(Daly-Rooney, Rose) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
77

**Denied per Order 83 **LODGED Proposed Plaintiffs' Sur-Reply. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Daly-Rooney, Rose) Modified on 7/10/2018 (REK). (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
78

ORDER granting 70 Motion for Leave to File Excess Pages. The page limit for Defendant City of Surprise to file its Reply Motion is extended from 11 pages to 15 pages. FURTHER ORDERED directing the Clerk to file the document lodged at (Doc. 69 ).Signed by Judge John J Tuchi on 9/28/16.(EJA) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
79

REPLY to Response to Motion re: 50 MOTION to Dismiss for Failure to State a Claim filed by Surprise, City of. (EJA) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
80

RESPONSE in Opposition re: 76 MOTION for Leave to File Sur-Reply filed by Surprise, City of. (Uhrman, Barry) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
81

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Michael Steven Stein. (Stein, Michael) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
82

*NOTICE of Attorney Substitution re: of Change of Counsel within Firm by Elizabeth Graeber, Maricopa Association of Governments . (Coffman, Dale) *Modified to correct event on 12/28/2016 (REK). (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
83

ORDER: IT IS THEREFORE ORDERED denying Defendant City of Surprise's Motion to Dismiss (Doc. 50 ); granting in part and denying in part the State Defendants' Motion to Dismiss (Doc. 54 ). Plaintiffs' claims against the Arizona Department of Administration, Craig Brown, Morgan Reed, Paul Shannon and Barbara Jaeger are dismissed. The State Defendants' Motion to Dismiss is denied to the extent it joins the Defendant City of Surprises Motion to Dismiss; denying as moot Plaintiffs' Motion for Leave to File Sur-Reply (Doc. 76 ). IT IS FURTHER ORDERED that the remaining Defendants shall file an Answer to the Amended Complaint (Doc. 36 ) as required by Federal Rule of Civil Procedure 12(a)(4)(A). Signed by Judge John J Tuchi on 2/10/2017. (REK) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

Clearinghouse
84

ORDER: Scheduling Conference set for 4/19/2017 at 10:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. All parties are required to appear in person at the hearing. No extensions will be granted. (See attached Order for additional details). Signed by Judge John J Tuchi on 2/13/17. (JAMA) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
85

First MOTION for Extension of Time to File Answer to Amended Complaint by Arizona, State of. (Attachments: # 1 Text of Proposed Order)(Hartman-Tellez, Karen) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
86

ORDER: IT IS HEREBY ORDERED granting the the Motion for Extension of Time for the State to Answer Amended Complaint (Doc. 85 ). The deadline for Defendant State of Arizona to file an answer to Plaintiffs' Amended Complaint (Doc. 35 ) is extended to March 6, 2017. (See attached Order). Signed by Judge John J Tuchi on 2/22/17.(JAMA) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
87

ANSWER to 36 Amended Complaint by Tempe, City of.(Niederbaumer, Michael) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
88

ANSWER to 36 Amended Complaint by Surprise, City of. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Uhrman, Barry) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
89

ANSWER to 36 Amended Complaint on Behalf of Defendant Maricopa County by Maricopa County Board of Supervisors.(Craiger, Emily) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
90

ANSWER to 36 Amended Complaint by Phoenix, City of.(Bhatheja, Anoop) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
91

Defendants' ANSWER to 36 Amended Complaint by Domela Finnessey, Elizabeth Graeber, WJ Lane, Maricopa Association of Governments, Jay Strebeck.(Coffman, Dale) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
92

*AMENDED ANSWER to 36 Amended Complaint Amended Answer of Defendants Maricopa Association of Governments and Elizabeth Graeber to Amended Complaint by Elizabeth Graeber, Maricopa Association of Governments.(Coffman, Dale) *Modified to correct event type on 3/1/2017 (LSP). (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
93

State of Arizona ANSWER to 36 Amended Complaint by Arizona, State of.(Hartman-Tellez, Karen) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
94

REPORT of Rule 26(f) Planning Meeting by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton. (Dietrich, Asim) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
95

NOTICE of Service of Discovery filed by Arizona, State of. (Hartman-Tellez, Karen) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
96

NOTICE of Service of Discovery filed by Phoenix, City of. (Bhatheja, Anoop) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
97

*NOTICE of Service of Discovery re: Plaintiffs' Initial Disclosure Statement by Norbert Enos, Terri Guy, National Association of the Deaf, Julian Singleton . (Dietrich, Asim) *Modified to correct event on 4/19/2017 (REK). (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
98

NOTICE of Service of Discovery filed by Elizabeth Graeber, Maricopa Association of Governments. (Patel, Mitesh) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Disability Rights

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 11, 2016

Closing Date: Dec. 30, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private individuals

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Arizona, State

Maricopa County Board of Supervisors, County

City of Surprise, None

City of Tempe, None

City of Phoenix., City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Hearing impairment

Reasonable Accommodations

TTY/Close Captioning/Videophone/etc.

Discrimination Basis:

Disability (inc. reasonable accommodations)