Case: Puente v. Phoenix, City of

2:18-cv-02778 | U.S. District Court for the District of Arizona

Filed Date: Sept. 4, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 22, 2017, a group of protesters gathered outside the Phoenix Convention Center to protest a speech by President Donald Trump and voice disagreement with President Trump’s anti-immigrant policies and views. Over one year later, on September 4, 2018, five individuals who attended the protest and two Arizona nonprofits (“the plaintiffs”) brought this lawsuit in the U.S. District Court for the District of Arizona against the City of Phoenix, the Phoenix Chief of Police, and nine other off…

On August 22, 2017, a group of protesters gathered outside the Phoenix Convention Center to protest a speech by President Donald Trump and voice disagreement with President Trump’s anti-immigrant policies and views. Over one year later, on September 4, 2018, five individuals who attended the protest and two Arizona nonprofits (“the plaintiffs”) brought this lawsuit in the U.S. District Court for the District of Arizona against the City of Phoenix, the Phoenix Chief of Police, and nine other officers with the Phoenix Police Department (PPD) (“the defendants”) alleging that the defendants violated the First, Fourth, and Fourteenth Amendments to the U.S. Constitution.

Specifically, the plaintiffs, represented by the ACLU of Arizona and private counsel, claimed that the defendants carried out an unannounced attack on the peaceful protesters on the night of August 22, 2017, using pepper spray, gas, pepper bullets, and flash-bang canisters. As such, the plaintiffs requested that the court grant them declaratory relief, a preliminary and permanent injunction prohibiting the defendants from engaging in any of the unconstitutional behaviors alleged in the complaint, monetary damage, and attorney’s fees.

In their complaint, the plaintiffs sought to represent themselves and also all persons who were present at the protest on August 22, 2017, who did not engage in any conduct justifying the defendants’ use of force against them. After over a year of litigation, Judge John J Tuchi granted in part and denied in part the plaintiffs’ motion to certify the class on September 30, 2019. The court certified the plaintiffs’ proposed subclass as to those individuals injured by gas and chemical agents, but denied certification as to those individuals injured by projectiles. 2019 WL 4849613.

After conducting discovery for another six months, the plaintiffs stipulated on May 6, 2020, to the dismissal from the case of three PPD officers named in the complaint as defendants. Shortly after, on May 8, 2020, both parties filed cross-motions for summary judgment. Two years later, on February 7, 2022, Judge Tuchi denied the plaintiffs’ motion for summary judgment, granted the defendants’ motion for summary judgment as to the plaintiffs’ class-wide claims, and granted in part and denied in part the defendants’ motion as to the plaintiffs’ individual claims. The court found both that the defendants did not seize the plaintiffs under the Fourth Amendment by deploying gas and chemical agents into the crowd of protesters, and that the defendants did not act with the purpose to harm the class members unrelated to legitimate law enforcement objectives or with the purpose to chill class members’ First Amendment rights. Accordingly, Judge Tuchi concluded that the defendants were entitled to qualified immunity for their actions with respect to the class members. 2022 WL 357351

Following Judge Tuchi’s February 7, 2022 order, the court set for trial the Fourth Amendment Excessive Force claims of three individual plaintiffs.

In response to the court’s decision, both the plaintiffs and defendants appealed to the U.S. Court of Appeals for the Ninth Circuit. As of June 5, 2022, these appeals are still pending and this case is ongoing.

Summary Authors

Richa Bijlani (6/5/2022)

Documents in the Clearinghouse

Document
1

2:18-cv-02778

Complaint

Puente v. City of Phoenix

Sept. 4, 2018

Sept. 4, 2018

Complaint
191

2:18-cv-02778

Order on Motion to Certify Class

2019 WL 4849613

Sept. 30, 2019

Sept. 30, 2019

Order/Opinion
336

2:18-cv-02778

Order

2022 WL 357351

Feb. 7, 2022

Feb. 7, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7886658/puente-v-phoenix-city-of/

Last updated July 20, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15913880 filed by Poder in Action, Puente, Jacinta Gonzalez Goodman, Ira Yedlin, Janet Travis, Cynthia Guillen. (Brody, Kathleen) (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-14, # 3 Civil Cover Sheet)(SIB) (Entered: 09/04/2018)

1 Exhibit

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2 Exhibit

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3 Civil Cover Sheet

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Sept. 4, 2018

Sept. 4, 2018

Clearinghouse

Remark (Public)

Sept. 4, 2018

Sept. 4, 2018

PACER
2

Corporate Disclosure Statement by Poder in Action. (Brody, Kathleen) (SIB) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
3

Corporate Disclosure Statement by Puente. (Brody, Kathleen) (SIB) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

RECAP
4

SUMMONS Submitted by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(SIB) (Entered: 09/04/2018)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Sept. 4, 2018

Sept. 4, 2018

PACER
5

Filing fee paid, receipt number 0970-15913880. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV 18-2778-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SIB) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

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6

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(SIB). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
7

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (SIB) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

RECAP

Remark: Pro hac vice motions granted for Dan Stormer, Joshua Piovia-Scott and Cindy Panuco on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 4, 2018

Sept. 4, 2018

PACER
8

ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are 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). Signed by Judge John J Tuchi on 9/5/18. (JAMA) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

RECAP
9

ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 4, 2018. (See attached Order). Signed by Judge John J Tuchi on 9/5/18. (JAMA) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

RECAP
10

SERVICE EXECUTED filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin: Affidavit of Service re: Summons, Complaint, Exhibits, Civil Cover Sheet, Corporate Disclosure Statement (Poder in Action), Corporate Disclosure Statement (Puente), Notice of Availability of Magistrate Judge, Notice to Parties of Mandatory Initial Discovery Pilot Project upon City of Phoenix on September 4, 2018. (Brody, Kathleen) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

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SERVICE EXECUTED filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin: Affidavit of Service re: Summons, Complaint, Exhibits, Civil Cover Sheet, Corporate Disclosure Statement (Poder in Action), Corporate Disclosure Statement (Puente), Notice of Availability of Magistrate Judge, Notice to Parties of Mandatory Initial Discovery Pilot Project upon Jeri L. Williams, Chief, Phoenix Police Department on September 6, 2018. (Brody, Kathleen) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
12

MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Leave to File Their Motion for Temporary Restraining Order by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) (Entered: 09/18/2018)

1 Text of Proposed Order

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Sept. 18, 2018

Sept. 18, 2018

PACER
13

*Filed at 20 * LODGED Proposed Plaintiffs' Motion for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 Declaration of Cindy Panuco, # 2 Index and Exs. 1-44 to Panuco Declaration, # 3 Declaration of Kathleen E. Brody, # 4 Index and Exs. 1-3 to Brody Declaration, # 5 Declaratoin of Carlos Garcia, # 6 Declaration of Jacinta Gonzales Goodman and Exhibit 1, # 7 Declaration of Cynthia Guillen, # 8 Declaration of Virdiana Hernandez, # 9 Declaration of Mitzi Mendoza, # 10 Declaration of Jane Travis, # 11 Text of Proposed Order)(Brody, Kathleen) Modified on 9/20/2018 (SLQ). (Entered: 09/18/2018)

1 Declaration of Cindy Panuco

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2 Index and Exs. 1-44 to Panuco Declaration

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3 Declaration of Kathleen E. Brody

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4 Index and Exs. 1-3 to Brody Declaration

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5 Declaratoin of Carlos Garcia

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6 Declaration of Jacinta Gonzales Goodman and Exhibit 1

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7 Declaration of Cynthia Guillen

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8 Declaration of Virdiana Hernandez

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9 Declaration of Mitzi Mendoza

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10 Declaration of Jane Travis

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11 Text of Proposed Order

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Sept. 18, 2018

Sept. 18, 2018

PACER
14

MOTION re: 13 Lodged Proposed Document Plaintiffs' Motion for Filing Non-Electronic Exhibits by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) (Entered: 09/18/2018)

1 Text of Proposed Order

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Sept. 18, 2018

Sept. 18, 2018

PACER
15

NOTICE of Appearance by Mary Ruth OGrady on behalf of George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

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NOTICE of Appearance by Leslie Steve Tuskai on behalf of George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Tuskai, Leslie) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

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MINUTE ORDER: Telephonic status hearing to set a briefing and hearing schedule regarding the TRO is set for September 20, 2018, at 2:30 p.m. in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Chambers will e-mail call-in instructions to counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
18

NOTICE re: Relating to Motion for Temporary Restraining Order by Phoenix, City of re: 12 MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Leave to File Their Motion for Temporary Restraining Order . (OGrady, Mary) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

RECAP
19

ORDER - IT IS ORDERED granting Plaintiffs' Motion for Leave to File Their Motion for Temporary Restraining Order in Excess of Page Limits Pursuant to LRCiv 7.2(e) (Doc. 12 ). IT IS FURTHER ORDERED directing the Clerk of Court to file on the docket the Motion for Temporary Restraining Order lodged at Doc. 13 . IT IS FURTHER ORDERED granting Plaintiffs' Motion to File Non-Electronic Exhibits in Support of Their Motion for Temporary Restraining Order (Doc. 14 ). (See document for complete details). Signed by Judge John J Tuchi on 9/20/18. (SLQ) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
20

*WITHDRAWN per Doc. 24 )*MOTION for Temporary Restraining Order by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 Declaration of Cindy Panuco, # 2 Index and Exs. 1-44 to Panuco Declaration, # 3 Declaration of Kathleen E. Brody, # 4 Index and Exs. 1-3 to Brody Declaration, # 5 Declaration of Carlos Garcia, # 6 Declaration of Jacinta Gonzales Goodman and Exhibit 1, # 7 Declaration of Cynthia Guillen, # 8 Declaration of Virdiana Hernandez, # 9 Declaration of Mitzi Mendoza, # 10 Declaration of Jane Travis, # 11 Text of Proposed Order)(SLQ) Modified on 9/20/2018 (JAMA). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
21

NOTICE of Appearance by Gary Lee Popham, Jr on behalf of George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (Popham, Gary) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
22

*WITHDRAWAL OF DOCUMENT re: 20 MOTION for Temporary Restraining Order by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) *Modified on 9/21/2018 to correct event (GMP). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
23

NOTICE re: Notice Relating to 9/20/2018, 2:30 P.M. Telephonic Status Conference by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams . (OGrady, Mary) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
24

*(AMENDED by Doc. 26 )*MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 9/20/2018. Discussion held. IT IS ORDERED setting a Scheduling Conference for 11/13/2018 at 10:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. IT IS FURTHER ORDERED granting 22 Plaintiffs' Motion to Withdraw their Motion for Temporary Restraining Order. IT IS FURTHER ORDERED withdrawing 20 Plaintiffs' Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that defendants shall file their responsive pleading(s) by no later than 10/8/2018. (Court Reporter Elaine Cropper.) Hearing held 2:28 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Modified on 9/21/2018 (JAMA). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
25

AMENDED DOCUMENT by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White. Amendment to 21 Notice of Appearance/Association of Counsel . (Wilde, Nishan) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
26

*(AMENDED by Doc. 28 )*AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 24 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 9/20/2018. Discussion held. IT IS ORDERED setting a Scheduling Conference for 11/13/2018 at 10:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. IT IS FURTHER ORDERED granting 22 Plaintiffs' Motion to Withdraw their Motion for Temporary Restraining Order. IT IS FURTHER ORDERED withdrawing 20 Plaintiffs' Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that defendants shall file their responsive pleading(s) by no later than 10/8/2018. (Court Reporter Elaine Cropper.) Hearing held 2:28 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Reason for Amendment: To Add Attorney Appearances. APPEARANCES: Telephonic appearance by Kathleen Brody, Darrell Hill and Joshua Piovia-Scott for Plaintiffs. Telephonic appearance by Bradley Holm, Mary OGrady, David Rosenbaum, Leslie Tuskai and Gary Popham for Defendants. Modified on 9/21/2018 (JAMA). (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
28

AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 26 AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 24 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 9/20/2018. Discussion held. IT IS ORDERED setting a Scheduling Conference for 11/13/2018 at 9:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. IT IS FURTHER ORDERED granting 22 Plaintiffs' Motion to Withdraw their Motion for Temporary Restraining Order. IT IS FURTHER ORDERED withdrawing 20 Plaintiffs' Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that defendants shall file their responsive pleading(s) by no later than 10/8/2018. (Court Reporter Elaine Cropper.) Hearing held 2:28 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Reason for Amendment: To Add Attorney Appearances. APPEARANCES: Telephonic appearance by Kathleen Brody, Darrell Hill and Joshua Piovia-Scott for Plaintiffs. Telephonic appearance by Bradley Holm, Mary OGrady, David Rosenbaum, Leslie Tuskai and Gary Popham for Defendants. Reason for Amendment: To Correct Time of Scheduling Conference on 11/13/2018 from 10:00 AM to 9:00 AM. (Entered: 09/21/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
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NOTICE TO FILER OF DEFICIENCY re: 25 Amended Document (NOT Motion/Complaint) filed by Christopher Turiano, Lane White, Benjamin Moore, John Sticca, Douglas McBride, Jeffrey Howell, Glenn Neville, George Herr, Phoenix, City of, Robert Scott, 21 Notice of Appearance/Association of Counsel filed by Christopher Turiano, Lane White, Douglas McBride, John Sticca, Benjamin Moore, Jeri L Williams, Jeffrey Howell, Glenn Neville, Unknown Parties, George Herr, Robert Scott, Phoenix, City of. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
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ORDER: Scheduling Conference set for 11/13/2018 at 09:00 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. (See attached Order for additional details). Signed by Judge John J Tuchi on 9/21/18. (JAMA) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

RECAP
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TRANSCRIPT REQUEST by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams for proceedings held on 09/20/2018, Judge John J Tuchi hearing judge(s). (OGrady, Mary) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
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NOTICE re: Plaintiffs' Notice of Compliance by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin re: 8 Order . (Brody, Kathleen) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
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NOTICE re: Plaintiffs' Notice of Compliance by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin re: 8 Order . (Brody, Kathleen) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
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NOTICE re: Plaintiffs' Notice of Lodging Non-Electronic Exhibits by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin re: 19 Order on Motion for Leave to File Excess Pages, Order on Motion for Miscellaneous Relief . (Brody, Kathleen) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

RECAP

Remark (Public)

Sept. 25, 2018

Sept. 25, 2018

PACER

Disc - As outlined in the Plaintiffs' Notice of Lodging Non-Electronic Exhibits (Doc. 33 ) has been received and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS)

Sept. 25, 2018

Sept. 25, 2018

PACER
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TRANSCRIPT REQUEST by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin for proceedings held on September 20, 2018 Telephonic Status Conference, Judge John J Tuchi hearing judge(s). (Brody, Kathleen) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
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*(AMENDED TRANSCRIPT FILED AT DOC. 37 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings held on 09/20/2018, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). 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 10/17/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018. (RAP) *Modified to reference amended version on 10/3/2018 (RAP). (Entered: 09/28/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
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SERVICE EXECUTED filed by George Herr, Douglas McBride, Glenn Neville, Christopher Turiano, Lane White: Acceptance of Service re: Summons and Complaint upon Christopher Turiano, Douglas McBride, George Herr, Glenn Neville and Lane White on September 18, 2018. (Tuskai, Leslie) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
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NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings held on 09/20/2018, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). Amended to correct cover page. 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 10/19/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/27/2018. (RAP) (Entered: 10/03/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
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ANSWER to 1 Complaint with Jury Demand by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams.(Popham, Gary) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

RECAP

Remark: Pro hac vice motion granted for Mildred K O'Linn on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 9, 2018

Oct. 9, 2018

PACER

Remark (Public)

Oct. 9, 2018

Oct. 9, 2018

PACER
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MOTION for Leave to Appear Telephonic by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Attachments: # 1 Text of Proposed Order Proposed Order)(Popham, Gary) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
40

ORDER: IT IS ORDERED granting 39 the Motion to Appear Telephonically at November 13, 2018 Pretrial Scheduling Conference. Speaker phones and cell phones are not permitted. (See attached Order for additional details for telephonic appearance). Signed by Judge John J Tuchi on 10/25/18. (JAMA) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
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MOTION for Leave to Appear Telephonically at November 13, 2018 Pretrial Conference by Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Attachments: # 1 [Proposed] Order re Mtn for Leave to Appear Telephonically at Pretrial Conference)(Piovia-Scott, Joshua) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
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ORDER: IT IS ORDERED granting 41 Motion for Leave to Appear Telephonically at November 13, 2018 Pretrial Conference. Chambers will e-mail dial-in instructions to all out-of-state counsel. (See attached Order). Signed by Judge John J Tuchi on 11/1/18. (JAMA) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
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Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
44

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Hill, Darrell) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
45

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
46

MINUTE ENTRY for proceedings held before Judge John J Tuchi: Scheduling Conference held on 11/13/2018. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Kathleen Brody and Daniel Pochoda with Cindy Panuco and Joshua Piovia-Scott appearing telephonically for Plaintiffs. Mary Ruth OGrady, Gary Popham, Jr., David Rosenbaum and Joshua Whitaker with Midred OLinn appearing telephonically for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:03 AM to 9:29 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
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TRANSCRIPT REQUEST (re Scheduling Conference) by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams for proceedings held on 11/13/2018, Judge John J Tuchi hearing judge(s). (Whitaker, Joshua) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
48

SCHEDULING ORDER: Discovery due by 10/4/2019. Dispositive motions due by 11/1/2019. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 11/13/18. (JAMA) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

RECAP
49

NOTICE of Service of Discovery filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SCHEDULING CONFERENCE proceedings held on 11/13/2018, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. 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 12/26/2018. Redacted Transcript Deadline set for 1/4/2019. Release of Transcript Restriction set for 3/4/2019. (RAP) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
51

NOTICE of Service of Discovery filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
52

NOTICE of Deposition of 30(b)(6) Deposition of Defendant City of Phoenix, filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
53

NOTICE of Service of Discovery filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
54

Joint MOTION for Protective Order by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Attachments: # 1 Text of Proposed Order Protective Order)(Whitaker, Joshua) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
55

ORDER: IT IS ORDERED granting 54 the parties' Joint Motion for Entry of Protective Order. The Court will enter the Protective Order separately. Signed by Judge John J Tuchi on 12/21/18. (JAMA) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
56

PROTECTIVE ORDER regarding Confidential Information. See document for complete details. Signed by Judge John J Tuchi on 12/21/18. (MSA) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
57

NOTICE of Service of Discovery filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
58

NOTICE re: Joint Notice of Discovery Dispute by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin re: 48 Scheduling Order . (Attachments: # 1 Exhibit Exhibits 1-5)(Brody, Kathleen) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
59

NOTICE of Service of Discovery filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
60

NOTICE of Appearance by William Bradford Peard on behalf of Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Peard, William) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
61

TRANSCRIPT REQUEST by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin for proceedings held on November 13, 2018 Scheduling Conference, Judge John J Tuchi hearing judge(s). (Brody, Kathleen) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
62

ORDER: IT IS HEREBY ORDERED setting a telephonic hearing on the parties' Joint Notice of Discovery Dispute (Doc. 58 ) for January 4, 2019, at 2:00 p.m. Arizona time, before District Judge John J. Tuchi in Courtroom 505, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Chambers will e-mail dial-in information to counsel of record prior to the hearing. (See attac Signed by Judge John J Tuchi on 1/2/19. (JAMA) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
63

NOTICE of Service of Discovery filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
64

MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Discovery Dispute Hearing held on 1/4/2019. Discussion held re: Discovery Dipute. The court will issue no definitive time limits on Rule 30(b)(6) deposition at this time. (Court Reporter Elaine Cropper.) Hearing held 2:00 PM to 2:26 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
65

TRANSCRIPT REQUEST by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams for proceedings held on 1/4/2019, Judge John J Tuchi hearing judge(s). (Whitaker, Joshua) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
66

NOTICE of Deposition of Jacinta Gonzalez Goodman, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
67

NOTICE of Deposition of Ira Yedlin, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
68

NOTICE of Deposition of Janet Travis, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
69

NOTICE of Deposition of of Rule 30(b)(6) of Plaintiff Puente, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
70

NOTICE of Deposition of 30(b)(6) Deposition of Plaintiff Poder in Action, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams. (OGrady, Mary) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
71

*NOTICE of Attorney Withdrawal: Attorney Darrell L. Hill terminated by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin . (Brody, Kathleen) *Modified on 1/17/2019 to correct event type (MSA). (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
72

NOTICE re: Discovery Dispute Over Privilege Issues by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Unknown Parties, Lane White, Jeri L Williams . (Attachments: # 1 Exhibit)(Whitaker, Joshua) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
73

AMENDED NOTICE of Deposition of Puente Rule 30(b)(6), filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
74

AMENDED NOTICE of Deposition of Poder in Action Rule 30(b)(6), filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
75

AMENDED NOTICE of Deposition of Jacinta Gonzalez Goodman, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
76

NOTICE of Deposition of Cynthia Guillen, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
77

ORDER - IT IS HEREBY ORDERED referring the current discovery dispute outlined in their Joint Notice of Discovery Dispute (Doc. [72)] to Magistrate Judge Deborah M. Fine for resolution of those disputes and the determination of any appropriate sanctions; IT IS FURTHER ORDERED that the parties shall contact the chambers of Magistrate Judge Deborah M. Fine to facilitate a schedule and plan for the resolution of the discovery matters, with formulation of that schedule and plan left to the sound discretion of the Magistrate Judge. Signed by Judge John J Tuchi on 1/22/19. (LAD) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
78

MINUTE ORDER: Telephone status conference regarding discovery dispute set for 1/24/2019 at 2:00 PM in Special Proceedings Courtroom, 2nd Floor, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M. Fine. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DMF/ah) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
79

MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Telephone Conference held on 1/24/2019. The parties do not believe further briefing is necessary. Further discussion is held as set forth on the record. APPEARANCES: Telephonic appearance by William Peard for Plaintiffs. Telephonic appearance by David Rosenbaum for Defendants. Discovery Dispute Hearing set for 2/7/2019 at 11:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M Fine. (Recorded by COURTSMART.) Hearing held 2:00 PM to 2:41 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CIS) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
80

TRANSCRIPT REQUEST by Phoenix, City of for proceedings held on 1/24/2019, Magistrate Judge Deborah M Fine hearing judge(s). (Rosenbaum, David) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
81

TRANSCRIPT REQUEST by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin for proceedings held on January 24, 2019, Magistrate Judge Deborah M Fine hearing judge(s). (Brody, Kathleen) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
87

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 01/24/2019, before Magistrate Judge DEBORAH M. FINE. [Transcriber: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2019. Redacted Transcript Deadline set for 2/26/2019. Release of Transcript Restriction set for 4/26/2019. (RAP) (Entered: 02/06/2019)

Jan. 26, 2019

Jan. 26, 2019

PACER
88

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 01/04/2019, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2019. Redacted Transcript Deadline set for 2/28/2019. Release of Transcript Restriction set for 4/29/2019. (RAP) (Entered: 02/06/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
82

NOTICE of Service of Discovery filed by Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Brody, Kathleen) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
83

AMENDED NOTICE of Deposition of Janet Travis, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
84

AMENDED NOTICE of Deposition of Cynthia Guillen, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
85

AMENDED NOTICE of Deposition of Ira Yedlin, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
86

Second AMENDED NOTICE of Deposition of Jacinta Gonzalez Goodman, filed by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams. (Whitaker, Joshua) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER

Remark: Pro hac vice motions granted for Julia Zhang, Mia Khatcherian, and Indira Chatterjee on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 7, 2019

Feb. 7, 2019

PACER
89

*MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: This is the time set for Discovery Dispute Hearing on 2/7/2019. Argument is heard regarding work product and attorney/client privilege. All counsel agree that the scope of the current reference from the District Judge includes the discovery dispute about adequacy of the MIDP disclosures insofar as the list of names disclosed by Plaintiffs'. Written order to issue. (Court Reporter Laurie Adams.) Hearing not recorded. Hearing held 11:00 AM to 12:34 PM. (MSA) *Modified to add date of hearing to docket text on 2/11/2019 (CEI). (Entered: 02/08/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
90

ORDER - IT IS HEREBY ORDERED that Plaintiffs' counsel produce to Defendants' counsel the documents in categories one and two, Bates # PT-001233 through 001433 & PT-001434 through 001453, which are the Specific Questionnaire responses and all emails in categories one and two, by 5:00 p.m. on February 15, 2019. See document for complete details. Signed by Magistrate Judge Deborah M Fine on 2/7/19. (MSA) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
91

TRANSCRIPT REQUEST by George Herr, Jeffrey Howell, Douglas McBride, Benjamin Moore, Glenn Neville, Phoenix, City of, Robert Scott, John Sticca, Christopher Turiano, Lane White, Jeri L Williams for proceedings held on 2/7/2019, Magistrate Judge Deborah M Fine hearing judge(s). (Whitaker, Joshua) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
94

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Discovery Dispute proceedings held on 02/07/2019, before Judge DEBORAH M. FINE. [Court Reporter: Laurie A. Adams, RMR, CRR, Telephone number (602) 322-7256]. 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 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (RAP) (Entered: 02/13/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
92

NOTICE of Appearance by Indra Neel Chatterjee on behalf of Jacinta Gonzalez Goodman, Cynthia Guillen, Poder in Action, Puente, Janet Travis, Ira Yedlin. (Chatterjee, Indra) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 4, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five individuals who attended the August 22, 2017 protest outside of the Phoenix Convention Center, two Arizona nonprofits, and all persons who were also present at the protest who did not engage in any conduct justifying the defendants' use of gas and chemical agents against them.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Phoenix (Phoenix, Maricopa), City

Chief of Police (Maricopa), City

Sergeant (Maricopa), City

Lieutenant (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Officer (Maricopa), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Excessive force

Pepper/OC spray

Restraints : chemical

Restraints : physical