Case: Fund for Empowerment v. City of Phoenix

COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21360151 filed by Fund for Empowerment, Frank Urban, Faith Kearns. (Rundall, Benjamin) (Attachments: # 1 Civil Cover Sheet)(MYE) (Entered: 12/01/2022)

MOTION for Preliminary Injunction, Request for Expedited Hearing, and Memorandum of Points and Authorities by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: # 1 Exhibit 1-7 in support of Motion for Preliminary Injunction, # 2 Proposed Order re Expedited Hearing, # 3 Proposed Order re Motion for Preliminary Injunction)(MYE) (Entered: 12/01/2022)

1 Exhibit 1-7 in support of Motion for Preliminary Injunction

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2 Proposed Order re Expedited Hearing

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3 Proposed Order re Motion for Preliminary Injunction

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SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: # 1 Summons, # 2 Summons)(MYE) (Entered: 12/01/2022)

Corporate Disclosure Statement by Fund for Empowerment. (Rundall, Benjamin) (MYE) (Entered: 12/01/2022)

Filing fee paid, receipt number AAZDC-21360151. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-2041-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 12/01/2022)

Summons Issued as to Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Summons, # 2 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/01/2022)

ORDER: IT IS HEREBY ORDERED that Plaintiffs shall serve upon the known Defendants copies of the Complaint, Motion, Summons (Docs. 1, 2, 6 ) and this Order by no later than 5:00 PM (Arizona time), today, December 2, 2022. Plaintiffs shall file a certificate of service on the docket by no later than 12 noon (Arizona time) Saturday, December 3, 2022. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiffs' Motion for a Temporary Restraining Order (Doc. 2 ) by no later than 5:00 PM (Arizona time), December 9, 2022. IT IS FURTHER ORDERED that Plaintiffs shall file any Reply to Defendants' Response no later than 5:00 PM (Arizona time), December 12, 2022. IT IS FURTHER ORDERED setting a hearing on the Preliminary Injunction Motion Wednesday, December 14, 2022, from 9:00 AM to 11:30 AM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Each side shall have 75 minutes to present whatever evidence or arguments they wish to present. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a pre-hearing statement by no later than 10:00 AM (Arizona time), December 13, 2022. (See attached Order for complete details). Signed by Judge John J Tuchi on 12/2/2022. (JAMA) (Entered: 12/02/2022)

SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Entered: 12/02/2022)

Summons Issued as to Phoenix, City of. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/02/2022)

SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motions, Order upon City of Phoenix on 12/2/2022. (Rundall, Benjamin) Modified text on 12/5/2022 (WLP). (Entered: 12/03/2022)

SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) upon Michael Sullivan, Interim Chief of Police on December 2, 2022. (Rundall, Benjamin) (Entered: 12/03/2022)

Service Returned Unexecuted by Fund for Empowerment, Faith Kearns, Frank Urban : Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) as to Jeri L. Williams. (Rundall, Benjamin) (Entered: 12/03/2022)

NOTICE of Appearance by Aaron Dean Arnson on behalf of Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit Exhibit 1)(Arnson, Aaron) (Entered: 12/07/2022)

ORDER that this matter be directly reassigned, pursuant to LRCiv 3.7(a)(1), to the Honorable G. Murray Snow. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-22-02041-PHX-GMS. Signed by Judge John J Tuchi on 12/8/2022. (WLP) (Entered: 12/08/2022)

ORDER re: 13 Defendant City of Phoenix's Request for Emergency Status Conference. IT IS ORDERED setting this matter for an in-person Status Conference on 12/12/2022 at 3:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. Signed by Chief Judge G Murray Snow on 12/9/2022. (KFZ) (Entered: 12/09/2022)

NOTICE re: Notice of Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: 7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) (Entered: 12/09/2022)

*Additional Attachments to Main Document re: 16 Notice by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) *Modified from lodged to additional attachment on 12/12/2022 (DXD). (Entered: 12/09/2022)

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Arnson, Aaron) (Entered: 12/09/2022)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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IT IS ORDERED resetting the Status Conference presently set for 12/12/2022 at 3:30 p.m. to 4:00 p.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G. Murray Snow. THIS IS A TIME CHANGE ONLY!!!! Ordered by Chief Judge G. Murray Snow. (VLG)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 12/11/2022)

Time Change Only - Hearing

MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order)(Rundall, Benjamin) (Entered: 12/12/2022)

1 Proposed Order

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Filed at 24 pursuant to 23 -- LODGED Proposed Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction re: 20 MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction, 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) Modified on 12/13/2022 (WLP). (Entered: 12/12/2022)

ORDER scheduling the in-person hearing for the preliminary injunction for Wednesday, 12/14/2022 at 03:00 PM, Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. FURTHER ORDERED that any supplemental declarations shall be filed no later than 12/13/2022 at 12:00 PM. [See the attached order for additional information.] Signed by Chief Judge G. Murray Snow on 12/12/2022. (RMW) (Entered: 12/12/2022)

MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Status Hearing held on 12/12/2022. Discussion held regarding the status of the case and the Preliminary Injunction Hearing. The Court sets the matter for hearing. Separate Order to issue. The Court admonishes the parties that if a witness does not show up for the preliminary injunction hearing, the Court will not consider their Affidavit. The parties agree to waive the requirement for a pre-hearing statement. APPEARANCES: Jared Keenan and Benjamin Rundall for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants (Court Reporter Teri Veres.) Hearing held 4:06 pm to 4:25 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW) (Entered: 12/13/2022)

ORDER granting 20 Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED directing the Clerk of the Court to file Plaintiffs' Reply lodged at Doc. 21 . Signed by Chief Judge G Murray Snow on 12/12/2022. (WLP) (Entered: 12/13/2022)

REPLY to Response to Motion re: 2 MOTION for Preliminary Injunction, MOTION for Hearing or Conference filed by Fund for Empowerment, Faith Kearns, Frank Urban. (WLP) (Entered: 12/13/2022)

NOTICE re: Notice of Amended Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: 22 Order,, Set/Reset Hearings, 17 Lodged Proposed Document, 16 Notice (Other), 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) (Entered: 12/13/2022)

Additional Attachments to Main Document re: 25 Notice (Other), Amended Declaration from Ronnie Lee Massingille dated December 13, 2022 by Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Entered: 12/13/2022)

NOTICE re: re Supplemental Declaration by Phoenix, City of, Michael Sullivan, Jeri Williams re: 22 Order,, Set/Reset Hearings, . (Attachments: # 1 Attachment Freudenthal Supplemental Declaration)(Arnson, Aaron) (Entered: 12/13/2022)

1 Attachment Freudenthal Supplemental Declaration

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STATEMENT of Joint Pre-Hearing Statement re: 7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, by Defendants Phoenix, City of, Michael Sullivan, Jeri Williams. (Arnson, Aaron) (Entered: 12/13/2022)

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

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

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

MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Preliminary Injunction Hearing held on 12/14/2022. Rachel Milne is sworn, examined and excused. Scott Hall is sworn, examined and excused. Ronnie Lee Massingille is sworn, examined and excused. Brian Freudenthal is sworn, examined and excused. Argument presented. IT IS ORDERED taking under advisement 2 Motion for Preliminary Injunction. APPEARANCES: Benjamin Rundall, Jared Keenan, Edward Hermes and Delilah Cassidy for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants. (Court Reporter Teri Veres.) Hearing held 3:05 PM to 4:52 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 12/14/2022)

MOTION for Leave to File amicus brief by Freddy Brown. (Attachments: # 1 Exhibit, # 2 Attachment Proposed Amicus Brief)(Tully, Stephen) (Entered: 12/14/2022)

ORDER that Plaintiffs' Motion for Preliminary Injunction (Doc. 2 ) is granted in part and denied in part. FURTHER ORDERED granting that the City, its agents and employees, are preliminarily enjoined from doing any of the following (see order for details). FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. FURTHER ORDERED that the Motion for Leave to File amicus brief by Freddy Brown (Doc. 31 ) is granted. Signed by Chief Judge G. Murray Snow on 12/15/22. (NKS) (Entered: 12/15/2022)

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

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

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

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

BRIEF in Opposition of Plaintiffs' 2 Request for Preliminary Injunction by Amicus Freddy Brown. (NKS) (Entered: 12/16/2022)

ORDER that the Motion for Preliminary Injunction (Doc. 2 ) is GRANTED in part and DENIED in part. FURTHER ORDERED that the City, its agents and employees, are preliminarily enjoined from doing any of the following: 1) Enforcing the Camping and Sleeping Bans against individuals who practically cannot obtain shelter as long as there are more unsheltered individuals in Phoenix than there are shelter beds available; 2) Seizing any property of the unsheltered without providing prior notice at the property's location that the property will be seized, unless the agent or employee has an objectively reasonable belief that it is (a) abandoned, (b) presents an immediate threat to public health or safety, or (c) is evidence of a crime or contraband; and 3) Absent an immediate threat to public health or safety, destroying said property without maintaining it in a secure location for a period of less than 30 days. FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. See order for complete details. Signed by Chief Judge G. Murray Snow on 12/16/22. (NKS) (Entered: 12/16/2022)

ORDER: Motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. See Order for further information. Signed by Chief Judge G Murray Snow on 12/16/2022. (CLM) (Entered: 12/19/2022)

TRANSCRIPT REQUEST by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/22/2022)

TRANSCRIPT REQUEST by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/23/2022)

ORDER TO SHOW CAUSE. IT IS ORDERED that Plaintiffs show cause no later than January 4, 2023, as to why this action should not be dismissed for failure to prosecute, unless before then default has been entered or a responsive pleading has been filed. FURTHER ORDERED if Plaintiffs fail to comply with this order, the Clerk of Court shall dismiss this action on January 5, 2023, for Plaintiffs' lack of prosecution pursuant to Rule 41(b), Fed. R. Civ. P., and LRCiv 41.1. Signed by Chief Judge G Murray Snow on 12/27/2022. (KFZ) (Entered: 12/27/2022)

TRANSCRIPT REQUEST (CORRECTED) by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/27/2022)

STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order PROPOSED ORDER RE STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO)(Cassidy, Delilah) (Entered: 12/28/2022)

ORDER granting the parties' Stipulation and Joint Motion 40 . Plaintiffs have through and including January 13, 2023 in which to file an amended complaint. Defendants' responsive pleading to the amended complaint, or complaint if not amended, on or before January 27, 2023. IT IS FURTHER ORDERED discharging the Court's December 27, 2022 Order to Show Cause 38 . Signed by Chief Judge G Murray Snow on 12/29/2022. (REK) (Entered: 12/29/2022)

TRANSCRIPT REQUEST (CORRECTED) by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (SCH) (Entered: 01/03/2023)

Remark: Pro hac vice motion(s) granted for Scout Katovich on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

*MOTION to Withdraw as Attorney as Co-Counsel with Client Consent by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order)(Hembd, Brian) *Modified to correct motion type and text on 1/6/2023 (REK). (Entered: 01/06/2023)

ORDER granting the Application (Doc. 43 ) and withdrawing Dickinson Wright as Co- Counsel for Plaintiffs. Plaintiffs shall continue to be contacted through and represented by Benjamin L. Rundall, Jared Keenan, Christine Wee of the American Civil Liberties Union Foundation of Arizona and Edward J. Hermes and Delilah R. Cassidy of Snell & Wilmer. Signed by Chief Judge G Murray Snow on 1/06/2023. (REK) (Entered: 01/06/2023)

AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive against All Defendants filed by Fund for Empowerment, Frank Urban, Faith Kearns.(Rundall, Benjamin) (Entered: 01/13/2023)

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Fund for Empowerment, Faith Kearns, Frank Urban . (Attachments: # 1 Exhibit 1 - First Amended Complaint [Redline])(Rundall, Benjamin) (Entered: 01/13/2023)

1 Exhibit 1 - First Amended Complaint [Redline]

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Joint MOTION to Stay by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Proposed Order)(Arnson, Aaron) (Entered: 01/25/2023)

1 Proposed Order

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 12/14/2022, before Chief Judge G. MURRAY SNOW. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or 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 2/16/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/26/2023. (RAP) (Entered: 01/26/2023)

Remark: Pro hac vice motion(s) granted for Leah Watson on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

ORDER denying the parties' Joint Motion to Stay Proceedings 47 . FURTHER ORDERED Defendants' responsive pleading deadline is extended to February 10, 2023. FURTHER ORDERED the parties shall file a Joint Status Report within 14 days of the March 29, 2023, mediation. Signed by Chief Judge G Murray Snow on 1/27/2023. (KFZ) (Entered: 01/27/2023)

ANSWER to 45 Amended Complaint by Phoenix, City of, Michael Sullivan, Jeri Williams.(Arnson, Aaron) (Entered: 02/10/2023)

ORDER Setting Telephonic Rule 16 Scheduling Conference for 4/11/2023 at 10:00 AM before Chief Judge G Murray Snow. To avoid challenges posed by the use of computers, cell phones, headsets, speaker phones or other devices, the parties are directed to utilize landlines for this Telephonic Case Management Conference to ensure clarity of communication with the Court and accurate transcription by the Court Reporter. Plaintiffs' counsel shall set up a call-in number and include the information in the joint report due a week before the Case Management Conference. See attached Order for details. Signed by Chief Judge G Murray Snow on 2/13/2023. (KFZ) (Entered: 02/13/2023)

REPORT of Rule 26(f) Planning Meeting by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Cassidy, Delilah) (Entered: 03/22/2023)

NOTICE re: JOINT NOTICE REGARDING SETTLEMENT REACHED AT MEDIATION ON MARCH 29, 2023 by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban . (Attachments: # 1 Proposed Order Re Same)(Hermes, Edward) (Entered: 04/03/2023)

1 Proposed Order Re Same

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ORDER re: 53 Notice of Settlement. IT IS ORDERED that this matter will, without further Order of this Court be dismissed with prejudice within 30 days of the date of this Order unless a stipulation to dismiss is filed prior to the dismissal date. FURTHER ORDERED vacating any pending hearings. FURTHER ORDERED directing the Clerk of Court to terminate this matter on May 4, 2023, without further leave of Court. Signed by Chief Judge G Murray Snow on 4/3/2023. (KFZ) (Entered: 04/03/2023)

NOTICE of Service of Discovery filed by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Cassidy, Delilah) (Entered: 04/03/2023)

STIPULATION AND JOINT MOTION TO EXTEND DISMISSAL DEADLINE by Fund for Empowerment, Faith Kearns, Frank Urban. (Hermes, Edward) (Entered: 04/26/2023)

ORDER granting the parties' Stipulation and Joint Motion 56 . FURTHER ORDERED extending the dismissal deadline from 5/4/2023 to 6/5/2023. FURTHER ORDERED setting an in-person Status Conference for 5/26/2023 at 1:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. FURTHER ORDERED the parties are to advise the Court no later than 5/25/2023 if the parties have reached a final agreement and the status conference is no longer necessary. FURTHER ORDERED directing the Clerk of Court to terminate this matter on 6/5/2023 without further leave of Court. Signed by Chief Judge G Murray Snow on 4/27/2023. (KFZ) (Entered: 04/27/2023)

NOTICE re: Notice of Settlement Not Reached and Request to Remove Case from Dismissal Calendar by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban re: 57 Order on Stipulation,,, Set/Reset Deadlines/Hearings,, 54 Order,, Terminate Deadlines and Hearings,, Set Deadlines, 53 Notice (Other) . (Attachments: # 1 Proposed Order)(Rundall, Benjamin) (Entered: 05/15/2023)

MOTION for Order to Show Cause and Request for Modification by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 5-A, # 8 Exhibit 5-B, # 9 Exhibit 5-C, # 10 Exhibit 5-D, # 11 Exhibit 5-E, # 12 Exhibit 5-F, # 13 Exhibit 5-G, # 14 Exhibit 5-H, # 15 Exhibit 5-I, # 16 Exhibit 5-J, # 17 Exhibit 5-K, # 18 Exhibit 5-L, # 19 Exhibit 5-M, # 20 Exhibit 5-N, # 21 Exhibit 5-O, # 22 Exhibit 5-P, # 23 Exhibit 5-Q, # 24 Exhibit 5-R, # 25 Exhibit 5-S, # 26 Exhibit 6, # 27 Exhibit 7, # 28 Exhibit 8, # 29 Exhibit 8-A)(Cassidy, Delilah) (Entered: 05/16/2023)

MOTION to Expedite Discovery by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Attachments: # 1 Proposed Order Proposed Order)(Cassidy, Delilah) (Entered: 05/16/2023)

1 Proposed Order Proposed Order

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MOTION for Leave to File Non-Electronic Filing of Exhibit by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Attachments: # 1 Proposed Order Proposed Order)(Cassidy, Delilah) (Entered: 05/16/2023)

TRANSCRIPT REQUEST by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban for proceedings held on December 14, 2022, Judge G Murray Snow, Judge Preliminary Injunction hearing judge(s). (Keenan, Jared) (Entered: 05/17/2023)

Notice of Deficiency (Text Only)

Notice of Deficiency re Transcript Request

NOTICE TO FILER OF DEFICIENCY re: 60 MOTION to Expedite Discovery filed by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban, 61 MOTION for Leave to File Non-Electronic Filing of Exhibit filed by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Edward J. Hermes but submitted using the log-in and password belonging to attorney Delilah R. Cassidy. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) (Entered: 05/17/2023)

NOTICE TO FILER OF DEFICIENCY re: AO 435 62 Transcript Request filed by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered and prepared. No box was checked for DELIVERY INSTRUCTIONS. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under FIRST COPY and applicable boxes checked under DELIVERY INSTRUCTIONS. 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: 05/17/2023)

AMENDED TRANSCRIPT REQUEST pursuant to 64 Notice of Deficiency by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban for proceedings held on December 14, 2022, Judge G Murray Snow, Judge December 14, 2022 hearing judge(s). (Keenan, Jared) (Entered: 05/17/2023)

ORDER that Defendants shall file a response to Plaintiff's Request for Modification of Preliminary Injunction and Motion for Order to Show Cause (Doc. 59 ) by close of business on May 22, 2023. IT IS FURTHER ORDERED setting a hearing on Plaintiff's Request for Modification of Preliminary Injunction and Motion for Order to Show Cause (Doc. 59 ) for May 23, 2023 at 2:00 p.m. in Courtroom 602, Sandra Day OConnor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003-2151. Signed by Chief Judge G Murray Snow on 5/19/2023. (WLP) (Entered: 05/19/2023)

Emergency MOTION to Continue Response Deadline and Hearing by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Proposed Order)(Coleman, Stephen) (Entered: 05/19/2023)

1 Proposed Order

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ORDER that Plaintiffs shall file a response to Defendant's Emergency Motion for Continuance 67 no later than 3:00 p.m. on May 22, 2023. No reply shall be filed. Signed by Chief Judge G Murray Snow on 5/22/2023. (KFZ) (Entered: 05/22/2023)

Order

MOTION Telephonic Appearance at May 23, 2023 Hearing by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Telephonic Appearance at Hearing)(Watson, Leah) (Entered: 05/22/2023)

1 Proposed Order Granting Plaintiffs' Motion for Telephonic Appearance at Hea

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RESPONSE to Motion re: 67 Emergency MOTION to Continue Response Deadline and Hearing filed by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Rundall, Benjamin) (Entered: 05/22/2023)

ORDER that Defendants' Emergency Motion for Continuance (Doc. 67 ) is granted. FURTHER ORDERED that the hearing on Plaintiffs' Motion for Modification of Preliminary Injunction and Motion for Order to Show Cause, (Doc. 59 ), on 5/23/2023, is VACATED and RESET for Friday, 5/26/2023 at 1:30 PM, in Courtroom 602. FURTHER ORDERED that Defendants' response to Plaintiffs' Motion is due on Thursday, 5/25/2023, at 12:00 PM. FURTHER ORDERED that Defendants shall not conduct any cleanups in the Zone until the Court has held the hearing and provided further orders to the parties. [See attached order for additional information.] Signed by Chief Judge G. Murray Snow on 5/22/2023. (RMW) (Entered: 05/22/2023)

ORDER: The 5/23/2023 hearing having been vacated and reset, IT IS ORDERED that Plaintiffs' Motion for Telephonic Appearance, (Doc. 69 ), is denied as moot. Ordered by Chief Judge G. Murray Snow on 5/22/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 05/22/2023)

MOTION to Appear Telephonically at May 26, 2023 Hearing by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Telephonic Appearance at Hearing)(Watson, Leah) (Entered: 05/23/2023)

ORDER granting Plaintiffs' Motion for Telephonic Appearance 73 in that Ms. Watson and Ms. Katovich may listen in to the proceedings but will not be permitted to speak. The Court will provide a "Listen-In" number prior to the hearing. Signed by Chief Judge G Murray Snow on 5/23/2023. (KFZ) (Entered: 05/23/2023)

ORDER granting 61 Motion to File Non-Electronic Exhibit. IT IS FURTHER ORDERED Plaintiffs prepare a Notice of Filing and electronically file the Notice. The filed Notice and the thumb drive containing Exhibit 8-A in support of Plaintiffs' Request for Modification of Preliminary Injunction and Motion for Order to Show Cause (Doc. 59 ) shall be delivered to the Clerk's Office with copies of the Notice and thumb drive provided to the Defendants. Signed by Chief Judge G Murray Snow on 5/23/2023. (WLP) (Entered: 05/23/2023)

MOTION to Intervene by Freddy Brown. (Attachments: # 1 Attachment, # 2 Attachment)(Tully, Stephen) (Entered: 05/23/2023)

1 Attachment

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2 Attachment

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ORDER that Defendants' expedited response to Plaintiff's Motion (Doc. 60 ) is due by 3:00 p.m. on Thursday, May 25, 2023. Signed by Chief Judge G Murray Snow on 5/24/2023. (WLP) (Entered: 05/24/2023)

Remark (Public)

NOTICE re: Notice of Filing Non-Electronic Exhibit In Support of Order to Show Cause by Fund for Empowerment, Faith Kearns, Ronnie Massingille, Frank Urban re: 59 MOTION for Order to Show Cause and Request for Modification . (Cassidy, Delilah) (Entered: 05/24/2023)

Remark: One (1) USB - as outlined in the Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban, and Ronnie Massingille re: Notice of Filing Non-Electronic Exhibit 8-A, referenced in the Declaration of Scout Katovich (Doc. 59-28) and identified at (Doc. 59-29), in support of Plaintiffs' Request for Modification of Preliminary Injunction and Motion for Order to Show Cause (Doc. 78 ) 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. (HLA)

ORDER that any responses to Proposed Intervenors' Motion to Intervene (Doc. 76 ) are due by 3:00 p.m. today. Signed by Chief Judge G Murray Snow on 5/25/2023. (WLP) (Entered: 05/25/2023)

RESPONSE in Opposition re: 59 MOTION for Order to Show Cause and Request for Modification filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Coleman, Stephen) (Entered: 05/25/2023)

NOTICE of Appearance by Aaron Dean Arnson on behalf of Phoenix, City of, Michael Sullivan, Jeri Williams. (Arnson, Aaron) (Entered: 05/25/2023)

RESPONSE to Motion re: 76 MOTION to Intervene filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Pierce, Justin) (Entered: 05/25/2023)

RESPONSE to Motion re: 60 MOTION to Expedite Discovery filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit Email)(Pierce, Justin) (Entered: 05/25/2023)