Case: Mecinas v. Hobbs

2:19-cv-05547 | U.S. District Court for the District of Arizona

Filed Date: Nov. 1, 2019

Closed Date: June 2, 2022

Clearinghouse coding complete

Case Summary

This is a case about challenging the constitutionality of Arizona’s general election ballot ordering statute, A.R.S. § 16-502(E). On November 1, 2019, the individual voters, and the organizations, namely, the Democratic National Committee (“DNC”), the Democratic Senatorial Campaign Committee (“DSCC”) and Priorities USA (“Priorities”), a political action committee, filed this lawsuit in the United States District Court District of Arizona. The case was assigned to the United States District Judg…

This is a case about challenging the constitutionality of Arizona’s general election ballot ordering statute, A.R.S. § 16-502(E).

On November 1, 2019, the individual voters, and the organizations, namely, the Democratic National Committee (“DNC”), the Democratic Senatorial Campaign Committee (“DSCC”) and Priorities USA (“Priorities”), a political action committee, filed this lawsuit in the United States District Court District of Arizona. The case was assigned to the United States District Judge Diane J. Humetewa. 

The individual voters and the organizations sued the Arizona Secretary of State under 28 U.S.C. §§ 2201 and 2202. Represented by private counsels from  Perkins Coie, LLP, the plaintiffs sought a judgement declaring that A.R.S. § 16-502(E) violated the First and Fourteenth Amendment of the United States Constitution; preliminary and permanently enjoining the Arizona Secretary of State from implementing, enforcing or giving any effect to the statute; awarding the individual voters and the organizations their costs, disbursements and reasonable attorney’s fees; and granting such other and further relief as the court deems just and proper, including requiring the Arizona Secretary of State to use a ballot order system that gives similarly situated major-party candidates an equal opportunity to be listed first on the ballot. They claimed that A.R.S. § 16-502(E), which required that names of candidates are listed according to their political party in descending order according to the votes cast for governor for that county in the most recent general election for the office of governor, violated the individual voters and the organizations’ the First and Fourteenth Amendments rights. Plaintiffs claimed that the ballot measure  diluted their votes and creating an “artificial” advantage to Republicans. To support their assertion, the individual voters and the organizations alleged that candidates in Arizona who are listed first on the ballot obtain “several percentage points” more than those candidates not listed first due to a well-recognized phenomena known as “position bias” or “primacy effect”.

On November 15, 2019, the individual voters and the organizations filed the First Amended Complaint for Declaratory and Injunctive Relief.

On November 18, 2019, the individual voters and the organizations filed the Plaintiffs’ Motion for Preliminary Injunction.

On January 2, 2020, the defendant filed a Motion To Dismiss. In the Motion to Dismiss, the Arizona Secretary of State argued that the individual voters and the organizations did not allege a concrete injury sufficient to satisfy the requirements of Article III standing; the relief sought was barred by the Eleventh Amendment; and the claims were non-justiciable political questions.  Alternatively, the Arizona Secretary of State argued that the individual voters and the organizations failed to establish that the primacy effect exists in Arizona, and thus, that their claims failed as a matter of law.

On June 25, 2020, the court issued Order that the Motion to Dismiss was granted with prejudice. In the Order, the court granted the Motion to Dismiss filed by the Arizona Secretary of State and denied the individual voters and the organizations’ Leave to Amend their Amended Complaint. To grand the Motion to Dismiss filed by the Arizona Secretary of State, the court denied the individual voters and the organizations’ standing. The court also held that the relief sought amounted to a nonjusticiable political question. As for the standing, while the individual voters and the organizations had the burden of clearly demonstrating that they had: (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision, Spokeo II, 136 S. Ct. at 1547, the court concluded that the first and the third requirements were not satisfied. As for the justiciability, the court found that A.R.S. § 16-502(E) did not prevent candidates from appearing on the ballot or prevent anyone from voting, but the statute merely established the order by which candidates appear on the ballot in each of Arizona’s fifteen counties. As a result, the court concluded that the individual voters and the organizations failed to establish a “burden” on their rights to vote, and thus the court could not weigh it. The court denied the individual voters and the organizations’ Leave to Amend their Amended Complaint since the relief sought amounted to a nonjusticiable political question.

On July 3, 2020, the individual voters and the organizations filed the Preliminary Injunction Appeal.

On July 6, 2020, the individual voters and the organizations filed the Plaintiffs’ Emergency Motion for Injunction Pending Appeal. In the Emergency Motion, the individual voters and the organizations argued that the court should enter an injunction, staying the operation of the Ballot Order Statute during the pendency of the appeal. They also argued that such injunction would preserve the status quo.

On July 10, 2020, the court issued the Order denying Plaintiffs' Emergency Motion for Injunction Pending Appeal. In the order, the court denied the individual voters and the organizations’ Emergency Motion. The court found that the individual voters and the organizations did not seek to preserve the status quo, but rather they sought the extraordinary relief of halting the operation of a forty-year-old state voting statute through improper procedural means, all while requesting different relief than previously sought.

On May 2, 2022, the individual voters and the organizations filed the Notice of Stipulated Dismissal. Pursuant to the stipulated dismissal, the case was dismissed without prejudice. 

The case is now closed. 

Summary Authors

Tatsushi Nishizaki (1/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16419571/parties/mecinas-v-hobbs/


Judge(s)
Attorney for Plaintiff

Anderson, Jacki (Arizona)

Andrews, Jillian Laura (Arizona)

Arellano, Daniel Abraham (Arizona)

Attorney for Defendant

Cone-Roddy, Emma Jane (Arizona)

Expert/Monitor/Master/Other

Basile, Thomas J (Arizona)

Documents in the Clearinghouse

Documents in this case
1

2:19-cv-05547

Complaint for Declaratory and Injunctive Relief

Nov. 1, 2019

Nov. 1, 2019

Complaint
13

2:19-cv-05547

First Amended Complaint for Declaratory and Injunctive Relief

Nov. 15, 2019

Nov. 15, 2019

Complaint
14

2:19-cv-05547

Plaintiffs’ Motion for Preliminary Injunction

Nov. 18, 2019

Nov. 18, 2019

Pleading / Motion / Brief
26

2:19-cv-05547

Arizona Secretary of State’s Motion to Dismiss

Jan. 2, 2020

Jan. 2, 2020

Pleading / Motion / Brief
27

2:19-cv-05547

Plaintiffs’ Response in Opposition to Defendant’s Motion to Dismiss

Jan. 16, 2020

Jan. 16, 2020

Pleading / Motion / Brief
29

2:19-cv-05547

Arizona Secretary of State’s Response in Opposition to Motion for Preliminary Injunction

Jan. 20, 2020

Jan. 20, 2020

Pleading / Motion / Brief
31

2:19-cv-05547

Brief of Amici Curiae Arizona House Speaker Russell Bowers and Arizona Senate President Karen Fann

Jan. 20, 2020

Jan. 20, 2020

Pleading / Motion / Brief
34

2:19-cv-05547

Arizona Secretary of State’s Reply in Support of Motion to Dismiss

Jan. 31, 2020

Jan. 31, 2020

Pleading / Motion / Brief
35

2:19-cv-05547

Reply in Support of Plaintiffs’ Motion for Preliminary Injunction

Feb. 3, 2020

Feb. 3, 2020

Pleading / Motion / Brief
37

2:19-cv-05547

Plaintiffs’ Response in Opposition to Amici Curiae of The Arizona House Speaker Russell Bowers and Arizona Senate President Karen Fann

Feb. 3, 2020

Feb. 3, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16419571/mecinas-v-hobbs/

Last updated June 29, 2026, 5:31 a.m.

ECF Number Date Description Link
1 Nov. 1, 2019

*COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17588969 filed by Priorities USA, Brian Mecinas, DNC Services Corporation, Carolyn Vasko, DSCC. (Gonski, Sarah) (Attachments: # 1 Civil Cover Sheet)(MCO) *Modified to add additional filer/party on 11/5/2019 (REK). (Entered: 11/01/2019)

1 Civil Cover Sheet

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Clearinghouse
2 Nov. 1, 2019

*SUMMONS Submitted by DNC Services Corporation, Brian Mecinas, Priorities USA, Carolyn Vasko, DSCC. (Gonski, Sarah) (MCO) *Modified to add additional party/filer on 11/5/2019 (REK). (Entered: 11/01/2019)

RECAP
3 Nov. 1, 2019

Filing fee paid, receipt number 0970-17588969. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-19-05547-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) (Entered: 11/01/2019)

RECAP
4 Nov. 1, 2019

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. (MCO) (Entered: 11/01/2019)

RECAP
5 Nov. 1, 2019

Summons Issued as to Katie Hobbs. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/01/2019)

RECAP
6 Nov. 1, 2019

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiffs serve a copy of this Order upon Defendant and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 11/1/2019. (LFIG) (Entered: 11/01/2019)

RECAP
7 Nov. 4, 2019

*Corporate Disclosure Statement by DNC Services Corporation. (Gonski, Sarah) *Modified to remove incorrect filers on 11/5/2019 (REK). (Entered: 11/04/2019)

RECAP
8 Nov. 4, 2019

*Corporate Disclosure Statement by DSCC. (Gonski, Sarah) *Modified to correct filer on 11/5/2019 (REK). (Entered: 11/04/2019)

RECAP
9 Nov. 4, 2019

*Corporate Disclosure Statement by Priorities USA. (Gonski, Sarah) *Modified to remove incorrect filers on 11/5/2019 (REK). (Entered: 11/04/2019)

RECAP
10 Nov. 4, 2019

*SERVICE EXECUTED filed by DNC Services Corporation, Brian Mecinas, Priorities USA, Carolyn Vasko, DSCC: Rule 4 Waiver of Service of Summons. Waiver sent on 11/1/19 to Katie Hobbs, in her official capacity as Arizona Secretary of State . (Gonski, Sarah) *Modified to add additional filer on 11/5/2019 (REK). (Entered: 11/04/2019)

RECAP
Nov. 4, 2019

Remark re Pro Hac Vice Motion

Nov. 4, 2019

Remark: Pro hac vice motion(s) granted for Elisabeth C Frost on behalf of Plaintiffs DNC Services Corporation, Brian Mecinas, Priorities USA and Carolyn Vasko. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 5, 2019

Remark re Pro Hac Vice Motion

Nov. 5, 2019

Remark: Pro hac vice motion(s) granted for Marc E Elias and John Michael Geise on behalf of Plaintiffs DNC Services Corporation, Brian Mecinas, Priorities USA and Carolyn Vasko. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Nov. 6, 2019

Remark re Pro Hac Vice Motion

Nov. 6, 2019

Remark: Pro hac vice motion(s) granted for Abha Khanna on behalf of Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, and Carolyn Vasko. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

11 Nov. 12, 2019

NOTICE re: Compliance with Court's November 1, 2019 Minute Entry by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Carolyn Vasko . (Gonski, Sarah) (Entered: 11/12/2019)

RECAP
12 Nov. 15, 2019

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Carolyn Vasko . (Gonski, Sarah) (Entered: 11/15/2019)

RECAP
13 Nov. 15, 2019

AMENDED COMPLAINT against Katie Hobbs filed by Brian Mecinas, DNC Services Corporation, Priorities USA, DSCC, Carolyn Vasko, Patti Serrano.(Gonski, Sarah) (Entered: 11/15/2019)

Clearinghouse
14 Nov. 18, 2019

MOTION for Preliminary Injunction by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Attachments: # 1 Exhibits Index, # 2 Affidavit Declaration of Brian Mecinas, # 3 Affidavit Declaration of C.V., # 4 Affidavit Declaration of Patti Serrano, # 5 Affidavit Declaration of Justin Barasky, # 6 Affidavit Declaration of Rachana Desai Martin, # 7 Text of Proposed Order)(Gonski, Sarah) (Entered: 11/18/2019)

1 Exhibits Index

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2 Affidavit Declaration of Brian Mecinas

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3 Affidavit Declaration of C.V.

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4 Affidavit Declaration of Patti Serrano

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5 Affidavit Declaration of Justin Barasky

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6 Affidavit Declaration of Rachana Desai Martin

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7 Text of Proposed Order

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Clearinghouse
15 Nov. 18, 2019

DECLARATION of Elisabeth C. Frost re: 14 MOTION for Preliminary Injunction by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Attachments: # 1 Exhibit Expert Report of Jonathan Rodden, # 2 Exhibit Expert Report of Jon Krosnick, # 3 Exhibit Ballot Order Population Chart)(Gonski, Sarah) (Entered: 11/18/2019)

RECAP
16 Nov. 18, 2019

NOTICE of Appearance by Kara Karlson on behalf of Katie Hobbs. (Karlson, Kara) (Entered: 11/18/2019)

RECAP
17 Nov. 26, 2019

NOTICE of Appearance by Linley Sarah Wilson on behalf of Katie Hobbs. (Wilson, Linley) (Entered: 11/26/2019)

RECAP
18 Nov. 29, 2019

*First MOTION for Extension of Time to File Response/Reply re: 14 MOTION for Preliminary Injunction by Katie Hobbs. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Extension of Time)(Karlson, Kara) *Modified to correct motion type and add document link on 12/2/2019 (REK). (Entered: 11/29/2019)

1 Text of Proposed Order Proposed Order Granting Extension of Time

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RECAP
19 Dec. 3, 2019

RESPONSE in Opposition re: 18 MOTION for Extension of Time to File Response/Reply filed by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Frost, Elisabeth) (Entered: 12/03/2019)

RECAP
20 Dec. 5, 2019

ORDER setting a Scheduling Conference for 12/17/2019 at 2:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Joint Proposed Scheduling Report due 12/16/19 at Noon. Signed by Judge Diane J Humetewa on 12/4/2019. (See Order for details.) (LFIG) (Entered: 12/05/2019)

RECAP
21 Dec. 9, 2019

REPLY to Response to Motion re: 18 MOTION for Extension of Time to File Response/Reply to Plaintiffs Motion for Preliminary Injunction filed by Katie Hobbs. (LaRue, Joseph) (Entered: 12/09/2019)

RECAP
22 Dec. 16, 2019

REPORT of Joint Proposed Scheduling Report by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) (Entered: 12/16/2019)

RECAP
23 Dec. 16, 2019

NOTICE of Appearance by Mary Ruth OGrady on behalf of Katie Hobbs. (OGrady, Mary) (Entered: 12/16/2019)

RECAP
24 Dec. 16, 2019

ORDER granting in part Defendant's 18 MOTION for Extension of Time. Defendant's Response and rebuttal expert reports shall be filed by January 20, 2020. Plaintiffs shall file their Reply and any rebuttal expert reports by February 3, 2020. ORDERED setting a Motion Hearing re: 14 Motion for Preliminary Injunction for 3/5/2020 at 9:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. IT IS FURTHER ORDERED vacating the Scheduling Conference set for December 17, 2019. Signed by Judge Diane J Humetewa on 12/16/2019. (See Order for details.) (LFIG) (Entered: 12/16/2019)

RECAP
25 Dec. 30, 2019

NOTICE of Attorney Withdrawal Joseph E. La Rue filed by Joseph Eugene LaRue. (LaRue, Joseph) (Entered: 12/30/2019)

RECAP
26 Jan. 2, 2020

MOTION to Dismiss Case Arizona Secretary of State's Motion to Dismiss by Katie Hobbs. (OGrady, Mary) (Entered: 01/02/2020)

Clearinghouse
27 Jan. 16, 2020

RESPONSE in Opposition re: 26 MOTION to Dismiss Case Arizona Secretary of State's Motion to Dismiss filed by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) (Entered: 01/16/2020)

Clearinghouse
28 Jan. 20, 2020

*Amicus Curiae APPEARANCE by Thomas James Basile, Kory A Langhofer on behalf of Russell Bowers, Karen Fann. (Basile, Thomas) *Modified to correct event and text on 1/21/2020 (REK). (Entered: 01/20/2020)

RECAP
29 Jan. 20, 2020

RESPONSE to Motion re: 14 MOTION for Preliminary Injunction Arizona Secretary of State's Response in Opposition to Motion for Preliminary Injunction filed by Katie Hobbs. (OGrady, Mary) (Entered: 01/20/2020)

Clearinghouse
30 Jan. 20, 2020

DECLARATION of Emma J. Cone-Roddy re: 29 Response to Motion Declaration of Emma J. Cone-Roddy in Support of Response in Opposition to Motion for Preliminary Injunction. filed by Katie Hobbs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(OGrady, Mary) (Entered: 01/20/2020)

RECAP
31 Jan. 20, 2020

*Amicus Curiae BRIEF of Arizona House Speaker Russell Bowers and Arizona Senate President Karen Fann re: 26 MOTION to Dismiss Case Arizona Secretary of State's Motion to Dismiss, 14 MOTION for Preliminary Injunction by Amicus Parties Russell Bowers, Karen Fann. (Basile, Thomas) *Modified text on 1/21/2020 (REK). (Entered: 01/20/2020)

Clearinghouse
32 Jan. 28, 2020

NOTICE of Errata re: 30 Declaration Notice of Errata: Exhibit to Declaration of Dr. Eric Coomer by Defendant Katie Hobbs.. (Attachments: # 1 Exhibit 1 to the Declaration of Dr. Eric Coomer)(OGrady, Mary) (Entered: 01/28/2020)

RECAP
33 Jan. 29, 2020

NOTICE re: Supplemental Authority by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko re: 27 Response in Opposition to Motion to Dismiss. (Attachments: # 1 Exhibit A - Opinion)(Gonski, Sarah) (Entered: 01/29/2020)

1 Exhibit A - Opinion

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RECAP
34 Jan. 31, 2020

REPLY to Response to Motion re: 26 MOTION to Dismiss Case Arizona Secretary of State's Motion to Dismiss Arizona Secretary of State's Reply in Support of Motion to Dismiss filed by Katie Hobbs. (OGrady, Mary) (Entered: 01/31/2020)

Clearinghouse
35 Feb. 3, 2020

REPLY to Response to Motion re: 14 MOTION for Preliminary Injunction filed by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) (Entered: 02/03/2020)

Clearinghouse
36 Feb. 3, 2020

DECLARATION of John M. Geise re: 35 Reply to Response to Motion for Preliminary Injunction by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Attachments: # 1 Exhibit 1 - Reply Report of Jonathan Rodden, # 2 Exhibit 2 - Second Report of Dr. Krosnick)(Gonski, Sarah) (Entered: 02/03/2020)

RECAP
37 Feb. 3, 2020

RESPONSE re: 31 Brief (Non Appeal) by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) (Entered: 02/03/2020)

Clearinghouse
38 Feb. 12, 2020

ORDER: Due to the overlap in issues, the Court will also set oral argument on Defendants' Motion to Dismiss (Doc. 26 ) concurrently with the hearing on the Motion for Preliminary Injunction (Doc. 14 ) on March 5, 2020 at 9:30 AM. The parties shall submit copies of witness and exhibit lists and any exhibits to be used at the hearing to the Court by February 28, 2020. ORDERED by Judge Diane J Humetewa on 2/12/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 02/12/2020)

RECAP
Feb. 12, 2020

Order

39 Feb. 21, 2020

MOTION for Leave to File Arizona Secretary of State's Unopposed Motion for Leave to File a Sur-Reply In Further Opposition to Plaintiffs' Motion for Preliminary Injunction by Katie Hobbs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Cone-Roddy, Emma) (Entered: 02/21/2020)

RECAP
40 Feb. 21, 2020

*SUR-REPLY Arizona Secretary of State's Sur-Reply in Further Opposition to 14 Plaintiff's Motion for Preliminary Injunction filed by Katie Hobbs. (Attachments: # 1 Exhibit Second Declaration of Emma J. Cone-Roddy In Support of Sur-Reply in Further Opposition To Motion for Preliminary Injunction)(Cone-Roddy, Emma) *Modified on 2/25/2020 to change event per Order at Doc. 44. (LFIG) (Entered: 02/21/2020)

1 Exhibit Second Declaration of Emma J. Cone-Roddy In Support of Sur-Reply in Furt

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Clearinghouse
41 Feb. 21, 2020

NOTICE re: March 5, 2020 Preliminary Injunction Hearing and Oral Argument on Motion to Dismiss by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko . (Gonski, Sarah) (Entered: 02/21/2020)

RECAP
42 Feb. 24, 2020

ORDER resetting the hearing on the 14 MOTION for Preliminary Injunction and 26 MOTION to Dismiss Case to March 4, 2020 at 2:00 PM and March 5, 2020 at 9:00 a.m.in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED that with the submission of the witness and exhibit lists, the parties shall identity the specific page numbers of the exhibits that they anticipate being relied on by the witnesses at the hearing, including listing which witness will be testifying about which particular pages. Signed by Judge Diane J Humetewa on 2/21/2020. (LFIG) (Entered: 02/24/2020)

RECAP
43 Feb. 25, 2020

NOTICE of Appearance by Dustin Dane Romney on behalf of Katie Hobbs. (Romney, Dustin) (Entered: 02/25/2020)

RECAP
44 Feb. 25, 2020

ORDER: Finding good cause, IT IS ORDERED the 39 Motion is GRANTED. The Clerk of Court is directed to reflect Doc. 40 as a Sur-Reply on the docket. No further briefing on the issue will be permitted. The parties shall be prepared to discuss this issue at the upcoming hearing. ORDERED by Judge Diane J Humetewa on 2/25/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 02/25/2020)

RECAP
Feb. 25, 2020

Order on Motion for Leave to File

45 Feb. 27, 2020

TRANSCRIPT REQUEST by Katie Hobbs for proceedings held on 03-04-20, Judge Diane J Humetewa hearing judge(s). (Wilson, Linley) (Entered: 02/27/2020)

RECAP
46 Feb. 28, 2020

NOTICE re: Notice of Witnesses and Exhibits by Katie Hobbs . (Romney, Dustin) (Entered: 02/28/2020)

RECAP
47 Feb. 28, 2020

NOTICE re: Witness and Exhibit Lists for Preliminary Injunction Hearing by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko . (Attachments: # 1 Exhibit Attachment 1 - Plaintiffs Witness List, # 2 Exhibit Attachment 2 - Plaintiffs Exhibit List, # 3 Exhibit Attachment 3 - Plaintiffs Exhibit 1, # 4 Exhibit Attachment 4 - Plaintiffs Exhibit 2, # 5 Exhibit Attachment 5 - Plaintiffs Exhibit 3, # 6 Exhibit Attachment 6 - Plaintiffs Exhibit 4)(Gonski, Sarah) (Entered: 02/28/2020)

1 Exhibit Attachment 1 - Plaintiffs Witness List

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2 Exhibit Attachment 2 - Plaintiffs Exhibit List

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3 Exhibit Attachment 3 - Plaintiffs Exhibit 1

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4 Exhibit Attachment 4 - Plaintiffs Exhibit 2

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5 Exhibit Attachment 5 - Plaintiffs Exhibit 3

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6 Exhibit Attachment 6 - Plaintiffs Exhibit 4

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RECAP
Feb. 28, 2020

Remark re Pro Hac Vice Motion

Feb. 28, 2020

Remark: Pro hac vice motion(s) granted for Jacki Anderson on behalf of Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, and Carolyn Vasko. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

48 March 2, 2020

ORDER: In reviewing Defendant's Notice of Witnesses and Exhibits (Doc. 46 ), the Court notes that Defendant intends to use the "Second Expert Report of Sean P. Trende (Sur-Reply)." While the Court allowed the filing of the sur-reply in order that Defendant could respond to the arguments made by Plaintiffs as to the qualifications of Mr. Trende to serve as an expert, the Court will not allow an additional expert report to be filed with a sur-reply. Likewise, to the extent that Plaintiffs included new evidentiary claims for the first time in Dr. Rodden's reply report, the Court will not consider those arguments. Therefore, IT IS ORDERED that the Court will not consider the attachments to the sur-reply (Doc. 40 -1), and Defendant may not rely on that Second Expert Report at the hearing. Likewise, Plaintiffs may not rely on new evidentiary claims raised for the first time in Dr. Rodden's reply report. ORDERED by Judge Diane J Humetewa on 3/2/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/02/2020)

RECAP
March 2, 2020

Order

49 March 4, 2020

MINUTE ENTRY for proceedings held before Judge Diane J. Humetewa: Hearing on Plaintiffs' Motion for Preliminary Injunction (Doc. 14 ) and Defendant's Motion to Dismiss (Doc. 26 ) held on 3/4/2020. Motion Hearing to reconvene on 03/05/2020. (Court Reporter Christine Coaly.) Hearing held 2:01 PM to 5:01 PM. (ESG) (Entered: 03/04/2020)

RECAP
50 March 5, 2020

TRANSCRIPT REQUEST by Katie Hobbs for proceedings held on 03-05-20, Judge Diane J Humetewa hearing judge(s). (Wilson, Linley) (Entered: 03/05/2020)

RECAP
51 March 5, 2020

TRANSCRIPT REQUEST by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko for proceedings held on 03/04/2020, 03/05/2020, Judge Diane J Humetewa hearing judge(s). (Anderson, Jacki) (Entered: 03/05/2020)

RECAP
52 March 5, 2020

MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Evidentiary Hearing (Day 2) held on 3/5/2020. Evidentiary Hearing to continue on 3/10/2020. See attached minutes for details. (Court Reporter Christine Coaly.) Hearing held 8:56 AM to 11:52 AM.(LMR) (Entered: 03/05/2020)

RECAP
57 March 5, 2020

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING - DAY 1 (Pages 1 through 123) proceedings held on 03/04/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. 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 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020. (RAP) (Entered: 03/11/2020)

RECAP
58 March 6, 2020

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING - DAY 2 (Pages 124 through 251) proceedings held on 03/05/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. 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 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (RAP) (Entered: 03/11/2020)

RECAP
53 March 9, 2020

NOTICE of Appearance by Austin Clark Yost on behalf of DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Yost, Austin) (Entered: 03/09/2020)

RECAP
54 March 9, 2020

NOTICE re: Joint Notice Regarding Corrected Citations to Exhibits for Hearing Held March 4-5, 2020 by Katie Hobbs re: 52 Evidentiary Hearing, 49 Motion Hearing . (Friday, Kimberly) (Entered: 03/09/2020)

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55 March 10, 2020

MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Evidentiary Hearing (Day 3) held on 3/10/2020. Argument is presented on pending motions. Plaintiffs' Motion for Preliminary Injunction 14 and Defendant Secretary of State's Motion to Dismiss 26 are taken under advisement. See attached minutes for details. (Court Reporter Elva Cruz-Lauer.) Hearing held 9:01 AM to 11:39 AM.(LMR) (Entered: 03/10/2020)

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56 March 10, 2020

TRANSCRIPT REQUEST by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko for proceedings held on 3/10/2020, Judge Diane J Humetewa hearing judge(s). (Anderson, Jacki) (Entered: 03/10/2020)

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59 March 10, 2020

Witness List by Plaintiffs. (LMR) (Entered: 03/11/2020)

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60 March 10, 2020

Witness List by Defendant. (LMR) (Entered: 03/11/2020)

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61 March 10, 2020

Exhibit List by Plaintiffs. (LMR) (Entered: 03/11/2020)

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62 March 10, 2020

Exhibit List by Defendant. (LMR) (Entered: 03/11/2020)

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63 March 10, 2020

MINUTE ORDER: that the exhibits marked, whether or not received in evidence, in the above entitled case at the time of the evidentiary hearing are returned to respective counsel. (LMR) (Entered: 03/11/2020)

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64 March 11, 2020

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING - DAY 3 (Pages 252 through 352) proceedings held on 03/10/2020, before Judge DIANE J. HUMETEWA. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. 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 4/1/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/9/2020. (RAP) (Entered: 03/12/2020)

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65 March 13, 2020

TRANSCRIPT REQUEST by Katie Hobbs for proceedings held on 03-10-20, Judge Diane J Humetewa hearing judge(s). (Wilson, Linley) (Entered: 03/13/2020)

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66 March 18, 2020

NOTICE re: Supplemental Authority by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko . (Attachments: # 1 Exhibit A)(Yost, Austin) (Entered: 03/18/2020)

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67 April 29, 2020

NOTICE re: Supplemental Authority by Katie Hobbs . (Attachments: # 1 Exhibit A)(Wilson, Linley) (Entered: 04/29/2020)

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68 April 30, 2020

RESPONSE re: 67 Notice (Other) of Supplemental Authority by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) (Entered: 04/30/2020)

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69 June 2, 2020

ORDER: The parties' 22 Joint Proposed Scheduling Report stated that the parties may be agreeable to combining the hearing on the preliminary injunction with a trial on the merits pursuant to Fed. R. Civ. Pro. 65(a)(2). The parties shall file a joint statement by Noon on Monday, June 8, 2020, as to whether they agree that the three days of evidentiary hearings in this matter, March 4, March 5, and March 10, 2020, constituted a trial on the merits pursuant to Fed. R. Civ. Pro. 65(a)(2). ORDERED by Judge Diane J Humetewa on 6/2/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/02/2020)

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June 3, 2020

~Util - Set Deadlines AND Order

70 June 8, 2020

*Joint Statement in Response to Court's June 2, 2020 Order re: 69 Order, Set Deadlines by Plaintiffs DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Gonski, Sarah) *Modified text on 6/8/2020 (SLQ). (Entered: 06/08/2020)

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71 June 16, 2020

*NOTICE of Supplemental Authority re: 27 and 14 by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko . (Attachments: # 1 Exhibit A - Memorandum Opinion and Order)(Yost, Austin) *Modified to add document links on 6/17/2020 (SLQ). (Entered: 06/16/2020)

1 Exhibit A - Memorandum Opinion and Order

View on PACER

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72 June 22, 2020

NOTICE re: Response by Katie Hobbs re: 71 Notice (Other) Response to Plaintiffs Notice of Supplemental Authority. (Romney, Dustin) (Entered: 06/22/2020)

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73 June 25, 2020

ORDER that the 26 Motion to Dismiss is granted with prejudice. The Clerk of Court shall kindly enter judgment and terminate this matter. Signed by Judge Diane J Humetewa on 6/25/2020.(See Order for details.) (LFIG) (Entered: 06/25/2020)

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74 June 25, 2020

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed June 25, 2020, judgment of dismissal is entered. Plaintiffs to take nothing and this action is hereby dismissed with prejudice. (LFIG) (Entered: 06/25/2020)

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75 July 3, 2020

*NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 74 Clerk's Judgment, 73 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. Filing fee received: $ 505.00, receipt number 0970-18441018. (Attachments: # 1 Exhibit A - Order ECF No 73, # 2 Exhibit B - Representation Statement)(Geise, John) *Modified to add document linkage on 7/6/2020 (GMP). (Entered: 07/03/2020)

1 Exhibit A - Order ECF No 73

View on PACER

2 Exhibit B - Representation Statement

View on PACER

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76 July 6, 2020

USCA Case Number re: 75 Notice of Appeal. Case number 20-16301, Ninth Circuit. (GMP) (Entered: 07/06/2020)

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77 July 6, 2020

Emergency MOTION to Stay Plaintiffs' Emergency Motion for Injunction Pending Appeal by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Attachments: # 1 Text of Proposed Order)(Geise, John) (Entered: 07/06/2020)

1 Text of Proposed Order

View on PACER

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78 July 7, 2020

ORDER: Before the Court is Plaintiffs' Emergency Motion for Injunction Pending Appeal (Doc. 77 ). IT IS ORDERED that Defendant may file a response, if any, to Plaintiffs' Motion by Thursday, July 9, 2020 at Noon. ORDERED by Judge Diane J Humetewa on 7/7/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/07/2020)

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July 7, 2020

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

79 July 8, 2020

MOTION to Withdraw as Attorney Application to Withdraw as Counsel Pursuant to L.R. 83.3(b)(1) by Katie Hobbs. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Withdrawal of Osborn Maledon PA as Co-Counsel for Defendant)(OGrady, Mary) (Entered: 07/08/2020)

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80 July 9, 2020

RESPONSE to Motion re: 77 Emergency MOTION to Stay Plaintiffs' Emergency Motion for Injunction Pending Appeal filed by Katie Hobbs. (Wilson, Linley) (Entered: 07/09/2020)

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81 July 10, 2020

ORDER denying Plaintiffs' 77 Emergency Motion for Injunction Pending Appeal. Signed by Judge Diane J Humetewa on 7/10/2020. (See Order for details.) (LFIG) (Entered: 07/10/2020)

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82 July 13, 2020

NOTICE re: Compliance with Federal Rule of Appellate Procedure 10(b)(1)(B) by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko . (Gonski, Sarah) (Entered: 07/13/2020)

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83 July 13, 2020

ORDER granting the 79 Motion to Withdraw and attorneys Mary R. O'Grady, Kimberly I. Friday and Emma J. Cone-Roddy of Osborn Maledon PA shall be permitted to withdraw as co-counsel of record in this case. Signed by Judge Diane J Humetewa on 7/13/2020. (LFIG) (Entered: 07/13/2020)

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84 March 12, 2021

NOTICE of Attorney Substitution by Austin Clark Yost. (Yost, Austin) (Entered: 03/12/2021)

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86 May 2, 2022

NOTICE of Appearance by Daniel Abraham Arellano on behalf of DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Arellano, Daniel) (Entered: 05/02/2022)

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87 May 2, 2022

NOTICE of Voluntary Dismissal by DNC Services Corporation, DSCC, Brian Mecinas, Priorities USA, Patti Serrano, Carolyn Vasko. (Arellano, Daniel) (Entered: 05/02/2022)

Clearinghouse
88 May 2, 2022

NOTICE of Appearance by Roopali H Desai on behalf of Katie Hobbs. (Desai, Roopali) (Entered: 05/02/2022)

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Case Details

State / Territory:

Arizona

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 1, 2019

Closing Date: June 2, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three individuals voters, and the Democratic National Committee, the Democratic Senatorial Campaign Committee and PRIORITIES USA

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Arizona Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of Arizona 2:19-cv-05547

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - 2022

Issues

Voting:

Vote dilution

Voting: General & Misc.

Recommended Citation