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)

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Documents in the Clearinghouse

Document
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
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
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
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
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
35

2:19-cv-05547

Reply in Support of Plaintiffs’ Motion for Preliminary Injunction

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 Jan. 30, 2025, 4:29 p.m.

ECF Number Description Date Link Date / Link
1

*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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Nov. 1, 2019

Nov. 1, 2019

Clearinghouse
2

*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)

Nov. 1, 2019

Nov. 1, 2019

PACER
3

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
4

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
5

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
6

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)

Nov. 1, 2019

Nov. 1, 2019

PACER
7

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

Nov. 4, 2019

Nov. 4, 2019

PACER

Remark re Pro Hac Vice Motion

Nov. 4, 2019

Nov. 4, 2019

PACER
8

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

Nov. 4, 2019

Nov. 4, 2019

PACER
9

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

Nov. 4, 2019

Nov. 4, 2019

PACER
10

*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)

Nov. 4, 2019

Nov. 4, 2019

PACER

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. 4, 2019

Nov. 4, 2019

PACER

Remark re Pro Hac Vice Motion

Nov. 5, 2019

Nov. 5, 2019

PACER

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. 5, 2019

Nov. 5, 2019

PACER

Remark re Pro Hac Vice Motion

Nov. 6, 2019

Nov. 6, 2019

PACER

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)

Nov. 6, 2019

Nov. 6, 2019

PACER
11

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)

Nov. 12, 2019

Nov. 12, 2019

RECAP
12

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)

Nov. 15, 2019

Nov. 15, 2019

PACER
13

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)

Nov. 15, 2019

Nov. 15, 2019

Clearinghouse
14

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

View on RECAP

2 Affidavit Declaration of Brian Mecinas

View on RECAP

3 Affidavit Declaration of C.V.

View on RECAP

4 Affidavit Declaration of Patti Serrano

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5 Affidavit Declaration of Justin Barasky

View on RECAP

6 Affidavit Declaration of Rachana Desai Martin

View on RECAP

7 Text of Proposed Order

View on RECAP

Nov. 18, 2019

Nov. 18, 2019

Clearinghouse
15

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)

Nov. 18, 2019

Nov. 18, 2019

PACER
16

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

Nov. 18, 2019

Nov. 18, 2019

PACER
17

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

Nov. 26, 2019

Nov. 26, 2019

PACER
18

*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

View on PACER

Nov. 29, 2019

Nov. 29, 2019

PACER
19

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)

Dec. 3, 2019

Dec. 3, 2019

RECAP
20

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)

Dec. 5, 2019

Dec. 5, 2019

PACER
21

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)

Dec. 9, 2019

Dec. 9, 2019

PACER
22

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)

Dec. 16, 2019

Dec. 16, 2019

RECAP
23

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

Dec. 16, 2019

Dec. 16, 2019

RECAP
24

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)

Dec. 16, 2019

Dec. 16, 2019

RECAP
25

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

Dec. 30, 2019

Dec. 30, 2019

PACER
26

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

Jan. 2, 2020

Jan. 2, 2020

Clearinghouse
27

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)

Jan. 16, 2020

Jan. 16, 2020

Clearinghouse
28

*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)

Jan. 20, 2020

Jan. 20, 2020

PACER
29

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)

Jan. 20, 2020

Jan. 20, 2020

Clearinghouse
30

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)

Jan. 20, 2020

Jan. 20, 2020

PACER
31

*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)

Jan. 20, 2020

Jan. 20, 2020

Clearinghouse
32

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)

Jan. 28, 2020

Jan. 28, 2020

PACER
33

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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Jan. 29, 2020

Jan. 29, 2020

RECAP
34

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)

Jan. 31, 2020

Jan. 31, 2020

Clearinghouse
35

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)

Feb. 3, 2020

Feb. 3, 2020

Clearinghouse
36

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)

Feb. 3, 2020

Feb. 3, 2020

PACER
37

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)

Feb. 3, 2020

Feb. 3, 2020

Clearinghouse
38

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)

Feb. 12, 2020

Feb. 12, 2020

PACER

Order

Feb. 12, 2020

Feb. 12, 2020

PACER
39

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)

Feb. 21, 2020

Feb. 21, 2020

PACER
40

*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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Feb. 21, 2020

Feb. 21, 2020

Clearinghouse
41

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)

Feb. 21, 2020

Feb. 21, 2020

RECAP
42

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)

Feb. 24, 2020

Feb. 24, 2020

PACER
43

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

Feb. 25, 2020

Feb. 25, 2020

PACER

Order on Motion for Leave to File

Feb. 25, 2020

Feb. 25, 2020

PACER
44

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)

Feb. 25, 2020

Feb. 25, 2020

PACER
45

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)

Feb. 27, 2020

Feb. 27, 2020

PACER

Remark re Pro Hac Vice Motion

Feb. 28, 2020

Feb. 28, 2020

PACER

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)

Feb. 28, 2020

Feb. 28, 2020

PACER
46

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

Feb. 28, 2020

Feb. 28, 2020

RECAP
47

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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Feb. 28, 2020

Feb. 28, 2020

RECAP
48

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)

March 2, 2020

March 2, 2020

PACER

Order

March 2, 2020

March 2, 2020

PACER
49

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)

March 4, 2020

March 4, 2020

PACER
50

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)

March 5, 2020

March 5, 2020

PACER
51

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)

March 5, 2020

March 5, 2020

PACER
52

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)

March 5, 2020

March 5, 2020

PACER
57

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)

March 5, 2020

March 5, 2020

PACER
58

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)

March 6, 2020

March 6, 2020

PACER
53

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)

March 9, 2020

March 9, 2020

PACER
54

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)

March 9, 2020

March 9, 2020

PACER
55

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)

March 10, 2020

March 10, 2020

PACER
56

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)

March 10, 2020

March 10, 2020

PACER
59

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

March 10, 2020

March 10, 2020

PACER
60

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

March 10, 2020

March 10, 2020

PACER
61

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

March 10, 2020

March 10, 2020

PACER
62

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

March 10, 2020

March 10, 2020

PACER
63

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)

March 10, 2020

March 10, 2020

PACER
64

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)

March 11, 2020

March 11, 2020

PACER
65

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)

March 13, 2020

March 13, 2020

PACER
66

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)

March 18, 2020

March 18, 2020

PACER
67

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

April 29, 2020

April 29, 2020

PACER
68

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)

April 30, 2020

April 30, 2020

PACER
69

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)

June 2, 2020

June 2, 2020

PACER

~Util - Set Deadlines AND Order

June 3, 2020

June 3, 2020

PACER
70

*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)

June 8, 2020

June 8, 2020

RECAP
71

*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

June 16, 2020

June 16, 2020

RECAP
72

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

June 22, 2020

June 22, 2020

RECAP
73

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)

June 25, 2020

June 25, 2020

Clearinghouse
74

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)

June 25, 2020

June 25, 2020

PACER
75

*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

July 3, 2020

July 3, 2020

Clearinghouse
76

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

July 6, 2020

July 6, 2020

RECAP
77

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

July 6, 2020

July 6, 2020

Clearinghouse
78

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)

July 7, 2020

July 7, 2020

PACER

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

July 7, 2020

July 7, 2020

PACER
79

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)

July 8, 2020

July 8, 2020

PACER
80

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)

July 9, 2020

July 9, 2020

Clearinghouse
81

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)

July 10, 2020

July 10, 2020

Clearinghouse
82

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)

July 13, 2020

July 13, 2020

RECAP
83

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)

July 13, 2020

July 13, 2020

PACER
84

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

March 12, 2021

March 12, 2021

PACER
86

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)

May 2, 2022

May 2, 2022

PACER
87

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

May 2, 2022

May 2, 2022

Clearinghouse
88

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

May 2, 2022

May 2, 2022

PACER

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

Arizona Secretary of State, 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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2022 - 2022

Issues