Case: Arizona Alliance for Retired Americans v. Clean Elections USA

2:22-cv-01823 | U.S. District Court for the District of Arizona

Filed Date: Oct. 24, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about voter intimidation by private parties. The plaintiffs were two non-profit organizations, Arizona Alliance for Retired Americans (AARA) and Voto Latino, that work to protect voting and civil rights. In the weeks leading up to the November 2022 elections, the defendant, an organization called Clean Elections USA, encouraged its members to gather at ballot drop boxes in Arizona to deter voters from casting their ballots. The defendant claimed that these actions were necessary …

This is a case about voter intimidation by private parties. The plaintiffs were two non-profit organizations, Arizona Alliance for Retired Americans (AARA) and Voto Latino, that work to protect voting and civil rights. In the weeks leading up to the November 2022 elections, the defendant, an organization called Clean Elections USA, encouraged its members to gather at ballot drop boxes in Arizona to deter voters from casting their ballots. The defendant claimed that these actions were necessary to prevent “ballot mules” from casting illegal votes, but the plaintiffs alleged that their members, many of whom were armed or wore tactical gear, threatened to record people’s faces to “dox” them on the internet. By the defendant’s own public admission, the tactics they used caused voters to turn away from the ballot boxes without casting their votes, and the Arizona Secretary of State received many complaints regarding the defendant. 

The plaintiffs filed their complaint on October 24, 2022, in the United States District Court for the District of Arizona. The case was assigned to Judge Michael T. Liburdi. The plaintiffs sued under the Voting Rights Act §11(b) and 42 U.S.C. §1985(3). The plaintiffs sought declaratory and injunctive relief as well as compensatory and punitive damages. 

On the same day the complaint was filed, the plaintiffs moved for a temporary restraining order (TRO) and preliminary injunction. The plaintiffs asked that the court prohibit the defendants from gathering and harassing voters at the drop boxes. The plaintiffs claimed that they would suffer irreparable harm if the relief was not granted because the inability to cast a vote could not be remedied after the election concluded. 

The plaintiffs’ motion was denied by the court on October 28, 2022. The court found that the plaintiffs’ Section 11(b) claim would only be successful if the actions of the defendants were not protected by the Free Speech Clause of the First Amendment. The court stated that the actions of the defendants could be interpreted as an expression of the message that people committing voting fraud would be found exposed. The court also noted the First Amendment right to record matters that are in the public interest. The court found that the defendant’s right to speech was not affected by any exceptions because the plaintiffs had not shown that it was a “true threat” or that the behavior fell within any established category of voter intimidation. The court also held that the plaintiffs were unlikely to succeed on their §1985 claim because that provision requires a showing of actual intent to intimidate voters. Because the Court could not grant the temporary restraining order without implicating the constitutional rights of the defendants, the court denied the plaintiffs’ request. The court also found that Voto Latino did not have standing because they had not shown a concrete, particularized injury and thus dismissed them from the case. 638 F.Supp.3d 1033.

Following the court’s denial, the plaintiffs filed an interlocutory appeal to the U.S. Court of Appeals for the Ninth Circuit. In the district court, the plaintiffs filed an emergency motion for an injunction pending the appeal. In their motion, the plaintiffs argued that the defendants’ conduct was not actually expressive in nature and fell outside of the protections of the First Amendment. Similarly, they claimed that any conduct which the court found to be expressive constituted “true threats” and should be excluded from First Amendment protections. The district court denied the motion on October 31, 2022, with reference to their reasoning in their October 28 denial of the requested relief.  

On October 31, 2022, the district court ordered that the case be consolidated with another case brought by the League of Women Voters against the same defendants. That same day, the district court granted the parties’ stipulated TRO. The order prohibited the defendants from engaging themselves or training, encouraging, or directing others to monitor the drop boxes by being within 75 feet of a box, intentionally following a voter within 75 feet of a box, to openly yell at individuals dropping off ballots, or to carry a weapon within 250 feet of a box. The Court further ordered that the defendants were restrained from posting personal information about voters online simply because they had dropped off more than one ballot and from making any false statements about the legality of dropping off more than one ballot (as there were exceptions that allowed an individual to deposit more than one legal ballot at a time). The TRO was set to last for fourteen days. 

On November 9, 2022, the district court requested a joint report from the parties as to whether the case was mooted by the completion of the election. On January 18, 2023, the AARA voluntarily dismissed their case as moot. As a result, the Ninth Circuit ultimately dismissed the earlier interlocutory appeal as moot and vacated the decision below pursuant to U.S. v. Munsingwear, 340 U.S. 36. 2023 WL 1097766. Even without Voto Latino and AARA, litigation continued with the League of Women Voters.

This case is ongoing as of April 2, 2023, as the League of Women Voters continues to seek injunctive relief and damages.

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65630302/parties/arizona-alliance-for-retired-americans-v-clean-elections-usa/


Attorney for Plaintiff

Andrews, Lauren Cassady (Arizona)

Arellano, Daniel Abraham (Arizona)

Arnold, Brandon Lee (Arizona)

Bendor, Joshua David (Arizona)

Berwick, Benjamin Leon (Arizona)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:22-cv-01823

Complaint for Declaratory and Injunctive Relief

Oct. 24, 2022

Oct. 24, 2022

Complaint
32

2:22-cv-01823

Order

Oct. 28, 2022

Oct. 28, 2022

Order/Opinion

638 F.Supp.3d 638

51

2:22-cv-01823

Temporary Restraining Order

Nov. 1, 2022

Nov. 1, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65630302/arizona-alliance-for-retired-americans-v-clean-elections-usa/

Last updated March 9, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21235762 filed by Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (Attachments: # 1 Civil Cover Sheet)(JAM) (Entered: 10/24/2022)

1 Civil Cover Sheet

View on PACER

Oct. 24, 2022

Oct. 24, 2022

Clearinghouse
2

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (Attachments: # 1 Proposed Order)(JAM) (Entered: 10/24/2022)

1 Proposed Order

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Oct. 24, 2022

Oct. 24, 2022

RECAP
3

DECLARATION of Daniel Arellano in Support of 2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
4

DECLARATION of Saundra Cole by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
5

DECLARATION of Ameer Patel by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
6

Corporate Disclosure Statement by Arizona Alliance for Retired Americans and Voto Latino. (Arellano, Daniel) (JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
7

SUMMONS Submitted by Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) (Attachments: # 1 Summons)(JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
8

Filing fee paid, receipt number AAZDC-21235762. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-1823-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
9

Summons Issued as to Clean Elections USA, Melody Jennings. (Attachments: # 1 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/24/2022)

1 Summons

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Oct. 24, 2022

Oct. 24, 2022

PACER
10

ORDER: This matter be reassigned, by lot, to another judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Michael T. Liburdi All future pleadings and papers submitted for filing shall bear the following complete case number: CV-22-01823-PHX-MTL. Signed by Judge John J. Tuchi on 10/24/2022. (RMW) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
11

ORDER: Status Conference for Tuesday, October 25, 2022 at 10:00 AM (Arizona Time) in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003before Judge Michael T. Liburdi. Counsel may appear in-person or telephonically. Counsel should call (888) 363-4735 and use Access Code: 9604594. Please do not use speaker phones and headsets. See order for additional details. Signed by Judge Michael T. Liburdi on 10/24/2022. (LMR) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

RECAP

Remark: Pro hac vice motion(s) granted for David Robert Fox, Tina Y Meng, Elisabeth C Frost on behalf of Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 25, 2022

Oct. 25, 2022

PACER

Remark re Pro Hac Vice Motion

Oct. 25, 2022

Oct. 25, 2022

PACER
12

DECLARATION of David R. Fox regarding service by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Attachments: # 1 Exhibit 1 - Notice Email)(Fox, David) (Entered: 10/25/2022)

1 Exhibit 1 - Notice Email

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Oct. 25, 2022

Oct. 25, 2022

PACER
13

MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 10/25/2022. Discussion is held. Hearing on Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction 2 is set for 10/26/2022 at 01:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Separate order to issue. APPEARANCES: Daniel Arellano, Austin Marshall, David Fox (telephonically), Elisabeth Frost (telephonically), Harleen Gambhir (telephonically), Marcos Mocine-McQueen (telephonically) and Tina Meng (telephonically) for Plaintiffs. (Court Reporter Catherine Taylor.) Hearing held 10:09 AM to 10:36 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
14

ORDER setting hearing on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 2 for Wednesday, October 26, 2022 at 1:00 PM (Arizona Time) in Courtroom 504, 401 West Washington Street, Phoenix, AZ85003 before Judge Michael T. Liburdi. See order for additional deadlines and details. Signed by Judge Michael T. Liburdi on 10/25/2022. (LMR) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

RECAP
15

ORDER: The Court provides notice to the parties and counsel that one of three law clerks employed in these chambers is married to Plaintiffs' counsel Daniel A. Arellano. This law clerk is disqualified and screened from participating in every aspect of this case. See Doe v. Cabrera, 134 F. Supp. 3d 439 (D.D.C. 2015). Ordered by Judge Michael T. Liburdi on 10/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER
16

NOTICE of Appearance by Veronica Lucero on behalf of Clean Elections USA, Melody Jennings. (Lucero, Veronica) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

RECAP
17

DECLARATION of David R. Fox Regarding Service by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Attachments: # 1 Exhibit 1-Email, # 2 Exhibit 2-Email)(Fox, David) (Entered: 10/25/2022)

1 Exhibit 1-Email

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2 Exhibit 2-Email

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Oct. 25, 2022

Oct. 25, 2022

PACER
18

MINUTE ORDER: The Court has received inquiries from the public who wish to listen to the October 26, 2022 hearing. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER

1 - Common Prompts (Text Only) AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Status Conference

Oct. 25, 2022

Oct. 25, 2022

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND 1 - Common Prompts (Text Only) AND Status Conference

Oct. 25, 2022

Oct. 25, 2022

PACER

1 - Common Prompts (Text Only) AND Status Conference AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings

Oct. 25, 2022

Oct. 25, 2022

PACER

Order

Oct. 25, 2022

Oct. 25, 2022

PACER
19

DECLARATION of David R. Fox re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. (Attachments: # 1 Exhibit DD-Social Media Post, # 2 Exhibit EE-Press Release, # 3 Exhibit FF-Redacted Complaints, # 4 Exhibit GG-Email, # 5 Exhibit HH-Webpage, # 6 Exhibit II-Statement of Interest)(Fox, David) (Entered: 10/26/2022)

1 Exhibit DD-Social Media Post

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2 Exhibit EE-Press Release

View on PACER

3 Exhibit FF-Redacted Complaints

View on RECAP

4 Exhibit GG-Email

View on RECAP

5 Exhibit HH-Webpage

View on PACER

6 Exhibit II-Statement of Interest

View on PACER

Oct. 26, 2022

Oct. 26, 2022

RECAP

Remark re Pro Hac Vice Motion

Oct. 26, 2022

Oct. 26, 2022

PACER
20

NOTICE re: Filing of Amended Proposed Order Granting Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Arizona Alliance for Retired Americans, Voto Latino . (Attachments: # 1 Proposed Order)(Arellano, Daniel) (Entered: 10/26/2022)

1 Proposed Order

View on RECAP

Oct. 26, 2022

Oct. 26, 2022

PACER

Remark: Pro hac vice motion(s) granted for Harleen Kaur Gambhir on behalf of Plaintiffs Arizona Alliance for Retired Americans, Voto Latino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 26, 2022

Oct. 26, 2022

PACER
21

MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 10/26/2022. Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 2 ) is taken under advisement. See attachment for details. (Court Reporter Cathy Taylor.) Hearing held 1:07 PM to 4:08 PM.(LMR) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

RECAP
22

TRANSCRIPT REQUEST by Arizona Alliance for Retired Americans, Voto Latino for proceedings held on 10/26/2022, Judge Michael T Liburdi hearing judge(s). (Fox, David) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
23

SERVICE EXECUTED filed by Arizona Alliance for Retired Americans, Voto Latino: Affidavit of Service re: Summons, Complaint, Motion for Temporary Restraining Order and Preliminary Injunction upon Clean Elections USA, Melody Jennings on 10/25/2022. (Arellano, Daniel) (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
25

*Witness List by Arizona Alliance for Retired Americans, Voto Latino. (LMR) *Modified filed date from 10/27/2022 to 10/26/2022; NEF regenerated on 10/27/2022 (LMR)(CEI). (Entered: 10/27/2022)

Oct. 26, 2022

Oct. 26, 2022

RECAP
26

Exhibit List by Arizona Alliance for Retired Americans, Voto Latino. (LMR) (Entered: 10/27/2022)

Oct. 26, 2022

Oct. 26, 2022

RECAP
27

MINUTE ORDER RE: EXHIBITS - The exhibits marked, whether or not received in evidence, in the above entitled case at the time of the Motion Hearing are returned to respective counsel. (LMR) (Entered: 10/27/2022)

Oct. 26, 2022

Oct. 26, 2022

RECAP

Minute Order

Oct. 26, 2022

Oct. 26, 2022

PACER
24

MOTION to Transfer Related Case by League of Women Voters of Arizona. (Associated Cases: CV-22-01823-MTL,CV22-08196-SMB) (Bendor, Joshua) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
28

MOTION for Leave to File Notice of Additional Authority by Arizona Alliance for Retired Americans, Voto Latino. (Attachments: # 1 Proposed Order)(Arellano, Daniel) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
29

**Filed at (Doc. 33 )** LODGED Proposed Notice of Additional Authority re: 28 MOTION for Leave to File Notice of Additional Authority. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Alliance for Retired Americans, Voto Latino. (Arellano, Daniel) Modified on 10/28/2022 (DXD). (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

RECAP
30

TRANSCRIPT REQUEST by Clean Elections USA, Melody Jennings for proceedings held on 10/26/2022, Judge Michael T Liburdi hearing judge(s). (Lucero, Veronica) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
31

ORDER granting (8 in case 3:22-cv-08196-SMB) Motion to Transfer Related Case. IT IS FURTHER ORDERED that the Clerk of the Court shall transfer case number CV-22-08196-PCT-SMB to United States District Court Judge Michael T. Liburdi. The Clerk of the Court shall file a copy of this Order in the previously listed case number. All future filings shall bear case number CV-22-08196-PCT-MTL. See document for complete details. Signed by Judge Michael T Liburdi on 10/27/2022. (Associated Cases: 3:22-cv-08196-SMB, 2:22-cv-01823-MTL) (WLP) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER

Remark re Pro Hac Vice Motion

Oct. 28, 2022

Oct. 28, 2022

PACER

Remark: Pro hac vice motion(s) granted for Marcos Mocine-McQueen on behalf of Plaintiff Arizona Alliance for Retired Americans. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 28, 2022

Oct. 28, 2022

PACER
32

ORDER: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 2 ) is denied. Plaintiffs' Motion for Leave to File Notice of Additional Authority (Doc. 28 ) is granted. The Clerk of Court is directed to file the Proposed Notice of Additional Authority (lodged at Doc. 29 ). The Clerk of Court is directed to dismiss Plaintiff Voto Latino from this case. As this Order is not dispositive, the Clerk of Court shall not close this case. See attached order for details. Signed by Judge Michael T. Liburdi on 10/28/2022. (LMR) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

Clearinghouse
33

NOTICE re: Additional Authority by Arizona Alliance for Retired Americans. (DXD) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
34

*NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 32 Order by Arizona Alliance for Retired Americans, Voto Latino. Filing fee received: $ 505.00, receipt number AAZDC-21255422. (Attachments: # 1 Attachment Representation Statement)(Arellano, Daniel) *Modified to reflect correct appeal event; attorney noticed on 10/31/2022 (SST). (Entered: 10/28/2022)

1 Attachment Representation Statement

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Oct. 28, 2022

Oct. 28, 2022

RECAP
35

USCA Case Number re: 34 Notice of Appeal. Case number 22-16689, Ninth Circuit. (BAC) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
36

Emergency MOTION for Preliminary Injunction Pending Appeal by Arizona Alliance for Retired Americans, Voto Latino. (Attachments: # 1 Proposed Order)(Arellano, Daniel) (Entered: 10/28/2022)

1 Proposed Order

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Oct. 28, 2022

Oct. 28, 2022

RECAP
37

NOTICE of Appearance by Alexander Michael Kolodin on behalf of Clean Elections USA, Melody Jennings. (Kolodin, Alexander) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

RECAP
38

ORDER: For the reasons stated in the Court's October 28, 2022 Order (Doc. 36 ), IT IS ORDERED denying Plaintiffs' Emergency Motion for Injunction Pending Appeal. Ordered by Judge Michael T. Liburdi on 10/31/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
39

Amended BY 43 -- ORDER - This case is hereby consolidated with the related action in CV-22-01823-PHX-MTL. The Clerk of Court shall consolidate case number CV-22-01823-PHX-MTL with CV-22-08196-PCT-MTL. The Clerk of Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-01823-PHX-MTL as the lead case. Defendants Lions of Liberty LLC, Yavapai County Preparedness Team, Jim Arroyo, Lucas Cilano, Nicholas Cilano, Brian Mounsey, Bruce Mounsey, Toby Fox, and James Johnson are dismissed from this action without prejudice. The ten (10) unknown party Defendants are dismissed without prejudice. An evidentiary hearing on Plaintiff League of Women Voters of Arizona's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 11 ) is set for Wednesday, November 1, 2022 at 12:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel shall appear in-person. The parties shall confer to address any potential agreement regarding the issues discussed at the status conference. Defendants' counsel shall provide notice, no later than 5:00 PM, today, October 31, 2022, stating whether Defendant Melody Jennings or any other witness will appear telephonically. Counsel for Arizona Alliance shall inform the United States Court of Appeals for the Ninth Circuit of the consolidation of these cases and the pending evidentiary hearing and provide a notice of compliance to this Court. Counsel for the League of Women Voters of Arizona shall provide Defendants' Counsel with immediate notice of any new evidence that may be offered at the evidentiary hearing. All counsel shall confer regarding (a) whether this consolidated case may be resolved, in whole or in part, by agreement and (b) Plaintiff League of Women Voters of Arizona's request to offer testimonial evidence by declaration and under seal. Signed by Judge Michael T Liburdi on 10/31/2022. Associated Cases: 2:22-cv-01823-MTL, 3:22-cv-08196-MTL.(WLP) Modified on 10/31/2022 (WLP). (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
40

NOTICE re: Compliance by Arizona Alliance for Retired Americans, Voto Latino . (Attachments: # 1 Attachment Notice of Consolidation Before the District Court)(Arellano, Daniel) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
41

ORDER: Counsel for Plaintiffs has sent an email to the chambers email asking certain questions about the hearing transcript and courtroom technology information technology. The Court wishes to advise counsel that it is inappropriate to send an email of this nature, even when opposing counsel is copied. The Court will not take any action on the email. Counsel are invited to contact the court reporter, Cathy Taylor, and courtroom deputy, Lisa Richter, to resolve these questions. Ordered by Judge Michael T. Liburdi on 10/31/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
42

MINUTE ORDER: The Court has received inquiries from the public who wish to listen to the 11/1/2022 hearing. Members of the public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping court proceedings is prohibited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
43

AMENDED ORDER - This case is hereby consolidated with the related action in CV-22-01823-PHX-MTL. The Clerk of Court shall consolidate case number CV-22-01823-PHX-MTL with CV-22-08196-PCT-MTL. The Clerk of Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-01823-PHX-MTL as the lead case. Defendants Lions of Liberty LLC, Yavapai County Preparedness Team, Jim Arroyo, Lucas Cilano, Nicholas Cilano, Brian Mounsey, Bruce Mounsey, Toby Fox, and James Johnson are dismissed from this action without prejudice. The ten (10) unknown party Defendants are dismissed without prejudice. An evidentiary hearing on Plaintiff League of Women Voters of Arizona's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 11 ) is set for Tuesday, November 1, 2022 at 12:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel shall appear in-person. The parties shall confer to address any potential agreement regarding the issues discussed at the status conference. Defendants counsel shall provide notice, no later than 5:00 PM, today, October 31, 2022, stating whether Defendant Melody Jennings or any other witness will appear telephonically. Counsel for Arizona Alliance shall inform the United States Court of Appeals for the Ninth Circuit of the consolidation of these cases and the pending evidentiary hearing and provide a notice of compliance to this Court. Counsel for the League of Women Voters of Arizona shall provide Defendants' Counsel with immediate notice of any new evidence that may be offered at the evidentiary hearing. All counsel shall confer regarding (a) whether this consolidated case may be resolved, in whole or in part, by agreement and (b) Plaintiff League of Women Voters of Arizona's request to offer testimonial evidence by declaration and under seal. Signed by Judge Michael T Liburdi on 10/31/2022. (WLP) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

RECAP
44

TRANSCRIPT REQUEST by League of Woman Voters of Arizona for proceedings held on October 31, 2022, Judge Michael T Liburdi, Judge Status Conference hearing judge(s). (Bendor, Joshua) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
45

NOTICE TO FILER OF DEFICIENCY re: AO 435 44 Transcript Request filed by League of Woman Voters of Arizona. Item(s) are incorrect: 11. DATE OF PROCEEDINGS and Item 17 - TRANSCRIPT REQUESTED: No court proceedings were transcribed or recorded for the requested date of proceeding of 10/31/2022. FOLLOW-UP ACTION REQUIRED: Please refile with correction to the item(s) described above with a valid date of proceeding for transcription in Item 11 and 17. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCH) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
46

DECLARATION of Luke Cilano Notice of Lodging Declaration of Luke Cilano by Defendants Clean Elections USA, Melody Jennings. (Lucero, Veronica) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

RECAP

Order on Motion for Preliminary Injunction

Oct. 31, 2022

Oct. 31, 2022

PACER

Order

Oct. 31, 2022

Oct. 31, 2022

PACER

Minute Order

Oct. 31, 2022

Oct. 31, 2022

PACER

Notice of Deficiency re Transcript Request

Oct. 31, 2022

Oct. 31, 2022

PACER
47

BRIEF Bench Brief Regarding Remaining Areas of Disagreement and Notice of Lodging of Proposed Form of Order by Defendants Clean Elections USA, Melody Jennings. (Attachments: # 1 Proposed Order Proposed Order)(Kolodin, Alexander) (Entered: 11/01/2022)

1 Proposed Order Proposed Order

View on PACER

Nov. 1, 2022

Nov. 1, 2022

RECAP
48

ORDER: IT IS ORDERED that the parties shall provide a joint notice to the Ninth Circuit Court of Appeals of the agreements and remaining areas of disagreement identified in the bench brief filed at Docket No. 47 in this consolidated case. The joint notice to the Ninth Circuit shall include a copy of the bench brief and proposed order. It shall be filed no later than 10:00 a.m., Arizona time, today. The parties shall file a joint notice of compliance in this consolidated case no later than 10:30 a.m., Arizona time, today. Ordered by Judge Michael T. Liburdi on 11/1/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
49

NOTICE re: OF COMPLIANCE by League of Woman Voters of Arizona . (Attachments: # 1 Attachment Joint Notice Filed with the Ninth Circuit Court of Appeals)(Bendor, Joshua) (Entered: 11/01/2022)

1 Attachment Joint Notice Filed with the Ninth Circuit Court of Appeals

View on RECAP

Nov. 1, 2022

Nov. 1, 2022

RECAP
50

MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Hearing on Plaintiff League of Woman Voters of Arizona's Motion for a Temporary Restraining Order and Preliminary Injunction held on 11/1/2022. Temporary Restraining Order to issue as stated on the record. Motion for Preliminary Injunction is taken under advisement. See attachment for details. (Court Reporter Catherine Taylor.) Hearing held 12:14 PM to 5:31 PM.(LMR) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

RECAP
51

TEMPORARY RESTRAINING ORDER - See order for details. Signed by Judge Michael T. Liburdi on 11/1/2022. (LMR) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

Clearinghouse
52

NOTICE re: Notice of Compliance by Arizona Alliance for Retired Americans, Voto Latino . (Attachments: # 1 Attachment Notice of Order in Related Case)(Arellano, Daniel) (Entered: 11/01/2022)

1 Attachment Notice of Order in Related Case

View on RECAP

Nov. 1, 2022

Nov. 1, 2022

RECAP
53

Witness List by League of Woman Voters of Arizona. (LMR) (Entered: 11/02/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
54

Exhibit List by League of Woman Voters of Arizona. (LMR) (Entered: 11/02/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
57

Sealed Plaintiff's Witness List Re Motion for a Temporary Restraining Order and Preliminary Injunction Hearing. (cc: None) (MAP) (Entered: 11/02/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
58

*Sealed Declaration by League of Woman Voters of Arizona. (Originally Lodged in CV-22-8196-PHX, Filed in this Case Pursuant to Doc. 50 ) (MAP) *Modified to Correct Text on 11/2/2022 (MAP). (Entered: 11/02/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER

Order

Nov. 1, 2022

Nov. 1, 2022

PACER
55

MINUTE ORDER RE: EXHIBITS - The exhibits marked, whether or not received in evidence, in the above entitled case at the time of the Motion Hearing are returned to respective counsel. (LMR) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
56

TRANSCRIPT REQUEST by League of Woman Voters of Arizona for proceedings held on November 1, 2022, Judge Michael T Liburdi hearing judge(s). (Bendor, Joshua) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
59

NOTICE re: Notice of Withdrawal of Emergency Motion Before Ninth Circuit by Arizona Alliance for Retired Americans, Voto Latino . (Attachments: # 1 Attachment Ninth Circuit Motion to Withdraw Emergency Motion for Injunction Pending Appeal)(Arellano, Daniel) (Entered: 11/02/2022)

1

View on RECAP

Nov. 2, 2022

Nov. 2, 2022

PACER
60

Letter from non-party Linda Jenson. (WLP) (Entered: 11/03/2022)

Nov. 2, 2022

Nov. 2, 2022

RECAP
62

ORDER: IT IS ORDERED that counsel for the parties shall confer and provide a joint report to the Court stating [i] whether this consolidated case should be dismissed as moot due to the passage of the election or [ii] what issues remain to be resolved. The joint report shall be filed on or before Wednesday, November 16, 2022. Ordered by Judge Michael T. Liburdi on 11/9/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER

~Util - Set Deadlines AND Order

Nov. 9, 2022

Nov. 9, 2022

PACER

Remark re Pro Hac Vice Motion

Nov. 15, 2022

Nov. 15, 2022

PACER

Remark: Pro hac vice motion(s) granted for Jared Fletcher Davidson on behalf of Consol Plaintiff League of Woman Voters of Arizona. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 15, 2022

Nov. 15, 2022

PACER
63

*Joint MOTION for Extension of Time to File Answer by Clean Elections USA, Melody Jennings. (Attachments: # 1 Proposed Order Proposed Order)(Kolodin, Alexander) *Modified to reflect Local Rule violation; attorney noticed on 11/16/2022 (SST). (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
64

STATUS REPORT Joint Status Report by Clean Elections USA, Melody Jennings. (Kolodin, Alexander) (Entered: 11/16/2022)

Nov. 16, 2022

Nov. 16, 2022

PACER
65

ORDER granting 63 Motion for Extension of Time to Answer: Pursuant to the stipulation of the parties, and good cause appearing, IT IS ORDERED extending the time for Defendants to respond to the Complaints in this consolidated case. Defendants shall have until the end of day on 11/30/2022 to respond. Ordered by Judge Michael T. Liburdi on 11/16/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER

Order on Motion for Extension of Time to Answer

Nov. 18, 2022

Nov. 18, 2022

PACER
66

First MOTION to Dismiss Case CV-22-01823-PHX-MTL by Clean Elections USA, Melody Jennings. (Lucero, Veronica) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

RECAP
67

Joint MOTION TO HOLD ALL DEADLINES IN ABEYANCE by League of Woman Voters of Arizona. (Attachments: # 1 Proposed Order)(Bendor, Joshua) (Entered: 12/09/2022)

1 Proposed Order

View on PACER

Dec. 9, 2022

Dec. 9, 2022

PACER
68

ORDER granting the parties' Joint 67 Motion to Hold All Deadlines in Abeyance. IT IS FURTHER ORDERED that the parties shall submit a one-page joint status report no later than thirty (30) days from the date of this Order informing the Court of the status of settlement negotiations, and if appropriate, proposing a schedule for further status reports or briefing on Defendants' Motion to Dismiss. Ordered by Judge Michael T. Liburdi.(ESG)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

PACER

Order on Motion for Miscellaneous Relief

Dec. 9, 2022

Dec. 9, 2022

PACER
69

Transcript

Dec. 29, 2022

Dec. 29, 2022

PACER
70

Transcript

Dec. 30, 2022

Dec. 30, 2022

PACER
71

Transcript

Dec. 30, 2022

Dec. 30, 2022

PACER
72

STATUS REPORT JOINT STATUS REPORT by League of Woman Voters of Arizona. (Bendor, Joshua) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER
73

ORDER: IT IS ORDERED setting a status conference for January 27, 2023, at 9:00 a.m. in Courtroom 504, 401 West Washington Street, Phoenix, Arizona 85003 before Judge Michael T. Liburdi. Counsel may appear in-person or telephonically. Counsel appearing telephonically are directed to call (888) 363-4735 and use Access Code: 9604594. Please avoid the use of speaker phones and headsets. IT IS FURTHER ORDERED that the parties shall submit a joint status report by January 24, 2023 addressing whether this case should continue and, if so, why. Plaintiffs' counsel shall reconcile their representations to the Ninth Circuit regarding mootness (22-16689, Dkt. Nos. 20, 24) with the representation made to this Court that their case is "not at all moot following the 2022 midterm election." (Doc. 64 at 2.) Ordered by Judge Michael T. Liburdi on 1/10/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

PACER

~Util - Set/Reset Hearings AND Order

Jan. 11, 2023

Jan. 11, 2023

PACER
74

NOTICE of Attorney Substitution by Joshua David R Bendor. (Bendor, Joshua) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

PACER
75

NOTICE of Party Dismissal by Arizona Alliance for Retired Americans. Party Arizona Alliance for Retired Americans terminated. (Fox, David) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

RECAP
76

NOTICE of Appearance by Michael John Wynne on behalf of Clean Elections USA, Melody Jennings. (Wynne, Michael) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER
77

STATUS REPORT Joint by Clean Elections USA, Melody Jennings. (Wynne, Michael) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

RECAP

Remark: Pro hac vice motion(s) granted for Michael John Wynne on behalf of Defendants Clean Elections USA, Melody Jennings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 27, 2023

Jan. 27, 2023

PACER
78

MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 1/27/2023. For the reasons stated on the record, IT IS ORDERED denying Plaintiff League of Women Voters of Arizona's Motion for Preliminary Injunction (Doc. 11 in 3:22-CV-08196-MTL). IT IS FURTHER ORDERED that Plaintiff League of Women Voters of Arizona shall respond to Defendants' Motion to Dismiss (Doc. 66 ) within thirty (30) days from the date of this Order. IT IS FINALLY ORDERED that the parties shall, by 12:00 p.m. Wednesday, February 1, 2023, file a joint notice advising the Court of whether they wish to request the assignment of a magistrate judge for the purpose of conducting a settlement conference. APPEARANCES: Rodkangyil Orion Danjuma, Brandon Delgado, Benjamin Berwick (telephonically), Jared Davidson (telephonically) and Rachel Homer (telephonically) for Plaintiff. Alexander Kolodin and Veronica Lucero for Defendants. (Court Reporter Cathy Taylor.) Hearing held 9:03 AM to 9:43 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 24, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are non-profit organizations that protect voting and civil rights in the State of Arizona.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Melody Jennings (Maricopa), Private Entity/Person

Clean Elections USA (Maricopa), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1985

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - 2022

Content of Injunction:

Preliminary relief granted

Issues

General:

Aggressive behavior

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Election administration