Case: Navajo Nation v. Reagan

3:18-cv-08329 | U.S. District Court for the District of Arizona

Filed Date: Nov. 20, 2018

Closed Date: Oct. 17, 2022

Clearinghouse coding complete

Case Summary

On November 20, 2018, Plaintiffs, a federally recognized Indian Tribe and six individual enrolled members of the Tribe, filed a verified Complaint for Injunctive and Declaratory Relief in the U.S. District Court for the District of Arizona, against the Arizona Secretary of State and the County Recorders and County Election Directors for three counties. Plaintiffs were represented by the Navajo Nation Department of Justice. Plaintiffs alleged that during the State of Arizona’s November 2018 Gene…

On November 20, 2018, Plaintiffs, a federally recognized Indian Tribe and six individual enrolled members of the Tribe, filed a verified Complaint for Injunctive and Declaratory Relief in the U.S. District Court for the District of Arizona, against the Arizona Secretary of State and the County Recorders and County Election Directors for three counties. Plaintiffs were represented by the Navajo Nation Department of Justice. Plaintiffs alleged that during the State of Arizona’s November 2018 General Election, over 100 votes cast by members of the Navajo Nation were not counted because they did not sign the envelope containing the early ballot or because the signatures on the envelopes did not match. Plaintiffs alleged violations of (1) the Fourteenth Amendment’s Equal Protection clause and 42 U.S.C. § 1983, (2) the Arizona Constitution; (3) Section 2 of the Voting Rights Act of 1965 (based on the status of Indians as a language minority group under the VRA and Native Americans as a protected class under the VRA); and (4) the First Amendment.  Plaintiffs sought declaratory and injunctive relief, both temporary and permanent, compelling the Defendants to (a) allow Tribal Members whose ballots were excluded because of missing or mismatched signatures an opportunity to remedy the inadequacy within five business days of the issuance of a Court Order similar to the period the State of Arizona has allowed for remedying ID issues, (b) provide translators certified as proficient in the Navajo language for all future early voting and election-day polling sites, (c) provide translation of instructions for casting an early ballot in Navajo over the radio for the 30 days leading up to an election, (d) establish additional in-person voter registration sites, and (e) establish additional early voting sites on the Reservation for all future elections that are open for consistent hours.

Plaintiffs filed an Emergency Motion for Temporary Restraining Order along with the Complaint, which included a request to allow Navajo voters an opportunity to cure deficiencies in early ballots and requested that the Court toll the deadline for certifying the local and county elections in Apache, Coconino, and Navajo Counties as well as the state elections until the matter could be heard.  Navajo County opposed the motion for temporary restraining order, asserting that it had already been required by a state court to provide voters an opportunity to cure mismatched signature ballots and that it had done so, and that Arizona law does not permit a cure period for early mail-in ballots that lack a signature on the ballot affidavit. The day before the motion for TRO was set for hearing, Plaintiffs moved to withdraw it, stating that they had been in contact with representatives of each county, who had agreed to work with them to resolve the issues identified in the Complaint. The Court initially denied the motion to withdraw but then granted it after hearing.

On December 11, 2018, Plaintiffs filed a First Amended Complaint. Plaintiffs added as Defendants the County Board of Supervisors and Chairman for each of the three counties at issue.  Plaintiffs amended their section 1983 claims to allege (1) arbitrary and disparate treatment of voters in violation of the Equal Protection clause, (2) violation of procedural due process, and (3) undue burden on the right to vote, in addition to the other state and federal claims asserted in the original Complaint.

The parties spent many months seeking to resolve the issues raised by Plaintiffs. The Arizona Legislature passed a law allowing voters to cure inconsistent signatures on early ballot affidavits.  Eventually, Plaintiffs settled separately with the Secretary of State and each of the three groups of county defendants.  On August 6, 2019, Plaintiffs filed a notice of settlement with the Secretary of State.  The Secretary agreed to (1) include language in the next Draft Elections Procedures Manual, to specify that voters who failed to sign their early ballot affidavits would be afforded the same opportunity to cure their signature deficiency as that afforded to voters with inconsistent signatures; and (2) continue to use certified Navajo translators to coordinate and make available a Navajo-language translation of ballot measure language in a publicity pamphlet. The Court retained jurisdiction to enforce the “missing signature cure opportunity” section of the settlement agreement only.

In September and October 2019, Plaintiffs reached separate settlements with the three groups of County Defendants. The Defendants agreed to make various provisions for in-person voting sites; voter registration plans to identify events and locations that maximize voter registration efforts; radio, video and voter registration advertisements for specified election cycles; the use of Navajo translators at polling locations and preparation of an interpreter’s guide for the translators; and curing missing signatures. The agreements were to remain in place through December 31, 2022. The Court retained jurisdiction to enforce certain provisions of the agreements through that date.

 Pursuant to the settlements, the Court entered dismissal with prejudice as to all defendants, the last dismissal occurring on October 17, 2019.  No disputes regarding enforcement of the settlement agreements were filed before the settlements expired on December 31, 2022.

Summary Authors

LFAA (8/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8220931/parties/navajo-nation-v-hobbs/


Judge(s)
Attorney for Plaintiff

Branch, Ethel Billie (Arizona)

Dworkin, Judith M (Arizona)

Ferguson-Bohnee, Patricia (Arizona)

Attorney for Defendant

Covey, Joshua Todd (Arizona)

Karlson, Kara (Arizona)

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Documents in the Clearinghouse

Document
1

3:18-cv-08329

Verified Complaint for Injunctive and Declaratory Relief

Nov. 20, 2018

Nov. 20, 2018

Complaint
2

3:18-cv-08329

Emergency Motion for Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction

Nov. 20, 2018

Nov. 20, 2018

Pleading / Motion / Brief
11

3:18-cv-08329

Order

Nov. 21, 2018

Nov. 21, 2018

Order/Opinion
11

3:18-cv-08329

Order

Nov. 21, 2018

Nov. 21, 2018

Order/Opinion
13

3:18-cv-08329

Plaintiffs' Motion to Withdraw Emergency Motion for Temporary Restraining Order and to Vacate Hearing Set for November 26,2018

Nov. 25, 2018

Nov. 25, 2018

Pleading / Motion / Brief
12

3:18-cv-08329

Navajo County Recorder Doris Clark and Navajo County Election Director Rayleen Richards Response to Plaintiff’s Memorandum in Support of Motion For Temporary Restraining Order

Nov. 25, 2018

Nov. 25, 2018

Pleading / Motion / Brief
24

3:18-cv-08329

Order Granting Withdrawal of Motion for TRO

Nov. 26, 2018

Nov. 26, 2018

Order/Opinion
25

3:18-cv-08329

Preliminary Order

Nov. 26, 2018

Nov. 26, 2018

Order/Opinion
29

3:18-cv-08329

First Amended Verified Complaint for Injunctive and Declaratory Relief

Dec. 11, 2018

Dec. 11, 2018

Complaint
35

3:18-cv-08329

Joing Motion for a Temporary Stay of Proceedings

Dec. 24, 2018

Dec. 24, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8220931/navajo-nation-v-hobbs/

Last updated Aug. 7, 2025, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-16218817 filed by Bonnie Tsosie, Denise Johnson, Dale Smith, Joyce Nez, Ashley Atene, Sr, Navajo Nation, Irene Roy. )(Ferguson-Bohnee, Patricia) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(BAR) (Entered: 11/20/2018)

1 Civil Cover Sheet

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2 Exhibit

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Nov. 20, 2018

Nov. 20, 2018

Clearinghouse
2

*WITHDRAWN by Doc. 24 * MOTION for Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (Attachments: # 1 Memorandum of Points & Authorities, # 2 Exhibit, # 3 Text of Proposed Order)(BAR) Modified on 11/26/2018 (MAW). (Entered: 11/20/2018)

1 Memorandum of Points & Authorities

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2 Exhibit

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3 Text of Proposed Order

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Nov. 20, 2018

Nov. 20, 2018

Clearinghouse
3

Corporate Disclosure Statement by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
4

SUMMONS Submitted by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
5

Filing fee paid, receipt number 0970-16218817. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV 18-08329-PCT-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
6

Summons Issued as to Doris Clark, Patty Hansen, Mark Mayrand, Michele Reagan, Rayleen Richards, Angela Romero, Edison J Wauneka. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(BAR). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
7

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAR) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
8

NOTICE of Appearance by Jason Stanley Moore on behalf of Doris Clark, Rayleen Richards. (Moore, Jason) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
9

NOTICE of Appearance by Joseph Eugene LaRue on behalf of Michele Reagan. (LaRue, Joseph) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
10

NOTICE of Appearance by Rose Marie Winkeler on behalf of Patty Hansen, Mark Mayrand. (Winkeler, Rose) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
11

ORDER: Pending before the Court is an emergency motion for a temporary restraining order and motion to set hearing on preliminary injunction. (Doc. 2 .) The Court will set a hearing for Monday, November 26, 2018, at 10:00 a.m. The parties should be prepared the address the issues identified above. Counsel for Plaintiffs shall provide notice of this hearing to all parties and their counsel and shall also complete service of the complaint, TRO request, and all attachments thereto by the close of business on Wednesday, November 21, 2018 [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/21/18. (MAW) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

Clearinghouse
12

RESPONSE in Opposition re: 2 MOTION for Temporary Restraining Order and Preliminary Inunction filed by Doris Clark, Rayleen Richards. (Attachments: # 1 Affidavit Affidavit or Doris Clark in Opposition to Motion for TRO and Preliminary Injunction)(Moore, Jason) (Entered: 11/25/2018)

1 Affidavit Affidavit or Doris Clark in Opposition to Motion for TRO and Prelimina

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Nov. 25, 2018

Nov. 25, 2018

Clearinghouse
13

MOTION to Withdraw EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND TO VACATE HEARING SET FOR NOVEMBER 26, 2018. by Navajo Nation. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 11/25/2018)

1 Text of Proposed Order

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Nov. 25, 2018

Nov. 25, 2018

Clearinghouse
14

ORDER: Plaintiffs' motion to vacate the November 26, 2018 hearing (Doc. 13 ) is DENIED. Plaintiffs' motion to withdraw the TRO (Doc. 13 ) will be addressed at the hearing. Ordered by Judge Dominic W Lanza on 11/26/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
15

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Edison Wauneka on 11-21-2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
16

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Angela Romero on 11-20-2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
17

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Eva Marquez for Apache County Attorney on 11/20/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
18

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Navajo County Recorder on 11/20/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
19

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Navajo County Attorney on 11/20/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
20

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Navajo County Elections Director. (Ferguson-Bohnee, Patricia) *Modified to reflect document does not include service date on 11/27/2018 (DXD). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
21

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Coconino County Attorney on 11/20/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
22

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Coconino County Recorder. (Ferguson-Bohnee, Patricia) *Modified to reflect document does not include service date on 11/27/2018 (DXD). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
23

SERVICE EXECUTED filed by Navajo Nation: Proof of Service re: Summons upon Coconino County Elections Director on 11/20/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
24

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 11/26/2018 re: Plaintiffs' Emergency Motion for Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction (Doc. 2 ). Discussion held. Without objection by Defense counsel, IT IS ORDERED granting Plaintiffs' Motion to Withdraw Emergency Motion for Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction (Doc. 13 ). IT IS FURTHER ORDERED withdrawing Plaintiffs' Emergency Motion for Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction (Doc. 2 ). (Court Reporter Candy Potter.) Hearing held 10:07 AM to 10:16 AM.(MAW) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

Clearinghouse
25

PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on February 20, 2019, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/26/18. (Attachments: # 1 Notice - MIDP, # 2 MIDP User Manual)(MAW) (Entered: 11/26/2018)

1 Notice - MIDP

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2 MIDP User Manual

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Nov. 26, 2018

Nov. 26, 2018

Clearinghouse
26

SERVICE EXECUTED filed by Navajo Nation: Affidavit of Service re: Summons and Complaint upon Michele Reagan on 11/21/2018. (Ferguson-Bohnee, Patricia) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
27

NOTICE re: of Service of Order re: 25 Order by Navajo Nation. (Ferguson-Bohnee, Patricia) *Modified linkage on 11/28/2018 (DXD). (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
28

*NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Navajo Nation, Bonnie Tsosie, Denise Johnson, Dale Smith, Joyce Nez, Ashley Atene, Sr, Irene Roy. (Attachments: # 1 Exhibit)(Ferguson-Bohnee, Patricia) *Modified to add filers on 12/12/2018 (DXD). (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
29

*First AMENDED COMPLAINT against All Defendants filed by Navajo Nation, Bonnie Tsosie, Denise Johnson, Dale Smith, Joyce Nez, Ashley Atene, Sr, Irene Roy. (Attachments: # 1 Exhibit)(Ferguson-Bohnee, Patricia) *Modified to add filers on 12/12/2018 (DXD). (Entered: 12/11/2018)

1 Exhibit

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Dec. 11, 2018

Dec. 11, 2018

Clearinghouse
30

SUMMONS Submitted by Navajo Nation. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Ferguson-Bohnee, Patricia) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
31

Summons Issued as to Apache County Board of Supervisors, Art Babbott, Coconino County Board of Supervisors, Navajo County Board of Supervisors, Alton Joe Shepherd, Jesse Thompson. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
32

SERVICE EXECUTED filed by Navajo Nation: Rule 4 Waiver of Service of Summons. Waiver sent on 12/17/2018 to Navajo County Board of Supervisors. (Ferguson-Bohnee, Patricia) *Modified text on 12/26/2018 (DXD). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
33

SERVICE EXECUTED filed by Navajo Nation: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2018 to Apache County Board of Supervisors and Alton Joe Shepherd. (Ferguson-Bohnee, Patricia) *Modified text on 12/26/2018 (DXD). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
34

SERVICE EXECUTED filed by Navajo Nation: Rule 4 Waiver of Service of Summons. Waiver sent on 12/17/2018 to Coconino County Board of Supervisors and Art Babbott. (Ferguson-Bohnee, Patricia) *Modified text on 12/26/2018 (DXD). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
35

*Joint MOTION to Stay PROCEEDINGS by Navajo Nation, Bonnie Tsosie, Denise Johnson, Dale Smith, Joyce Nez, Ashley Atene, Sr, Irene Roy. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) *Modified to add filers on 12/26/2018 (DXD). (Entered: 12/24/2018)

1 Text of Proposed Order

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Dec. 24, 2018

Dec. 24, 2018

Clearinghouse
36

ORDER: IT IS ORDERED granting the Parties' Joint Motion for a Temporary Stay of Proceedings (Doc. 35 ). IT IS FURTHER ORDERED that the above-captioned case is stayed until May 2, 2019. IT IS FURTHER ORDERED that the Parties shall file a joint status report and proposed scheduling order by April 26, 2019. Signed by Judge Dominic W Lanza on 1/2/19. (MAW) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

Clearinghouse
37

NOTICE of Attorney Withdrawal filed by Patricia Ferguson-Bohnee. (Ferguson-Bohnee, Patricia) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
38

NOTICE of Appearance by Joseph D Young on behalf of Apache County Board of Supervisors. (Young, Joseph) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
39

NOTICE re: Substitution of Defendant by Michele Reagan . (LaRue, Joseph) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
40

STATUS REPORT JOINT STATUS REPORT by Navajo Nation. (Ferguson-Bohnee, Patricia) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

Clearinghouse
41

Second MOTION to Stay JOINT MOTION FOR A TEMPORARY STAY OF PROCEEDINGS (SECOND REQUEST) by Navajo Nation. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 04/23/2019)

1 Text of Proposed Order

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April 23, 2019

April 23, 2019

Clearinghouse
42

ORDER: IT IS ORDERED granting the Parties' Joint Motion for a Temporary Stay of Proceedings (Second Request) (Doc. 41 ). IT IS FURTHER ORDERED that the above-captioned case is stayed until August 12, 2019. IT IS FURTHER ORDERED that the Parties shall file a joint status report and proposed scheduling order by August 5, 2019. No further extension requests will be permitted. Signed by Judge Dominic W Lanza on 4/29/19. (MAW) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

Clearinghouse
43

*Joint MOTION to Stay and STATUS REPORT by Navajo Nation, Joyce Nez, Denise Johnson, Ashley Atene, Sr., Irene Roy, Bonnie Tsosie, and Dale Smith. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) *Modified to correct event and add filers on 8/6/2019 (RMV). (Entered: 08/05/2019)

1 Text of Proposed Order

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Aug. 5, 2019

Aug. 5, 2019

Clearinghouse
44

NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AGREEMENT AND STIPULATION OF DISMISSAL WITH PROPOSED ORDER by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit SETTLEMENT AGREEMENT)(Ferguson-Bohnee, Patricia) (Entered: 08/06/2019)

1 Text of Proposed Order

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2 Exhibit SETTLEMENT AGREEMENT

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Aug. 6, 2019

Aug. 6, 2019

Clearinghouse
45

ORDER: On August 6, 2019, Plaintiffs and one Defendant, Arizona Secretary of State Katie Hobbs, filed a "Joint Notice of Settlement Agreement and Stipulation of Dismissal with Proposed Order." (Doc. 44 .) This filing announced that those parties had reached a settlement and asked the Court to enter an order of dismissal with prejudice as to Plaintiffs' claims against Hobbs. (Id.) However, the parties also asked the Court to "retain jurisdiction to oversee compliance with the terms of the [settlement agreement]." Accordingly, if the parties wish to take another run at convincing the Court to accept the proposed retention-of-jurisdiction provision, they must file a memorandum, not to exceed five pages, by August 16, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/13/19. (MAW) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

Clearinghouse
46

ORDER: IT IS ORDERED granting the Parties'Joint Motion for a Temporary Stay of Proceedings (Third Request) (Doc. 43 ). IT IS FURTHER ORDERED that the above-captioned case is stayed until and through September 11, 2019. IT IS FURTHER ORDERED that the stay will expire on September 12, 2019, and any Defendant then remaining in this action shall file an answer on that date. No party shall file a fourth motion to stay. Additionally, all remaining Parties shall file a joint proposed scheduling order on September 12, 2019. Signed by Judge Dominic W Lanza on 8/15/19. (MAW) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

Clearinghouse
47

MEMORANDUM Joint Memorandum Supporting the Retention of Jurisdiction filed by Plaintiffs Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

Clearinghouse
48

NOTICE re: Coconino County's Notice of Substitution of Defendant by Patty Hansen, Mark Mayrand . (Winkeler, Rose) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
49

ORDER: The Court has reviewed the parties' joint memorandum supporting the retention of jurisdiction (Doc. 47 ). The parties are invited to file another joint memorandum addressing the issues identified in this order. Any such memorandum must be filed by August 30, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/22/19. (MAW) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

Clearinghouse
50

MEMORANDUM JOINT SECOND MEMORANDUM REGARDING RETENTION OF JURISDICTION by Plaintiffs Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 08/30/2019)

1 Text of Proposed Order

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Aug. 30, 2019

Aug. 30, 2019

Clearinghouse
51

ORDER Plaintiffs' claims against Defendant Arizona Secretary of State Katie Hobbs are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the Settlement Agreement and Joint Stipulation. See document for details. Signed by Judge Dominic W Lanza on 9/3/19. (EJA) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

Clearinghouse
52

NOTICE re: Coconino County's Notice of Substitution of Defendant by Art Babbott, Coconino County Board of Supervisors . (Winkeler, Rose) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

Clearinghouse
53

ANSWER to 29 Amended Complaint, 1 Complaint, ANSWER to 29 Amended Complaint, 1 Complaint by Doris Clark, Navajo County Board of Supervisors, Rayleen Richards, Jesse Thompson.(Moore, Jason) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

Clearinghouse
54

MOTION for Extension of Time To Extend by Doris Clark, Navajo County Board of Supervisors, Rayleen Richards, Jesse Thompson. (Attachments: # 1 Text of Proposed Order Order Granting Extension)(Moore, Jason) (Entered: 09/11/2019)

1 Text of Proposed Order Order Granting Extension

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Sept. 11, 2019

Sept. 11, 2019

PACER
55

NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AGREEMENT AND STIPULATION OF DISMISSAL WITH PROPOSED ORDER by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 09/11/2019)

1 Exhibit Settlement Agreement

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2 Text of Proposed Order

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Sept. 11, 2019

Sept. 11, 2019

Clearinghouse
56

ORDER: IT IS ORDERED that the Navajo County Defendants' motion to extend (Doc. 54 ) is granted. The deadline for Plaintiffs and the Navajo County Defendants to submit a joint proposed scheduling order is extended to September 27, 2019. Ordered by Judge Dominic W Lanza on 9/12/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Order on Motion for Extension of Time

Sept. 12, 2019

Sept. 12, 2019

PACER
57

ORDER: IT IS ORDERED that the stipulation of dismissal (Doc. 55 ) filed by Plaintiffs and the Coconino County Defendants (Recorder Hansen, Elections Director Hall, Board of Supervisors, and Board of Supervisors Chairman Babbott) is granted. Plaintiffs' claims against the Coconino County Defendants are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the Settlement Agreement and Joint Stipulation [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/12/19. (MAW) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

Clearinghouse
58

NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AGREEMENT AND STIPULATION WITH PROPOSED ORDER by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 09/12/2019)

1 Exhibit

View on RECAP

2 Text of Proposed Order

View on RECAP

Sept. 12, 2019

Sept. 12, 2019

Clearinghouse
59

NOTICE re: MISSING SIGNATURE ON SETTLEMENT AGREEMENT by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie re: 58 Notice of Settlement . (Ferguson-Bohnee, Patricia) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
60

Joint MOTION JOINT MOTION TO DEFER INITIAL MIDP RESPONSES by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
61

REPORT of JOINT PROPOSED RULE 16 SCHEDULING ORDER by Plaintiffs Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
62

ORDER: The parties' joint motion to defer initial MIDP responses (Doc. 60 ) is denied. General Order 17-08 provides for a "one time," 30-day extension of the MIDP initial response deadline. The parties have already received such an extension (via the previous stay orders), so no more MIDP-related extensions are permissible. Additionally, the Court recently made clear that no more settlement-related extension requests of any kind would be approved. (Doc. 46 .) Ordered by Judge Dominic W Lanza on 9/30/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

MIDP - Order Ext MID Response Deadline

Sept. 30, 2019

Sept. 30, 2019

PACER
63

NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AGREEMENT AND STIPULATION TO DISMISS by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Ferguson-Bohnee, Patricia) (Entered: 10/10/2019)

1 Exhibit

View on RECAP

2 Text of Proposed Order

View on RECAP

Oct. 10, 2019

Oct. 10, 2019

Clearinghouse
64

ORDER - IT IS ORDERED that the parties' stipulation (Doc. 63 ) is granted. Plaintiffs' claims against the Navajo County Defendants (Recorder Clark, Elections Director Richards, Board of Supervisors, and Board of Supervisors Chairman Thompson) are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the Settlement Agreement and Joint Stipulation. The Court shall retain jurisdiction to enforce the terms of the Settlement Agreement and to resolve any disputes arising under or relating to the Settlement Agreement until December 31, 2022. Signed by Judge Dominic W Lanza on 10/11/19. (LAD) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

Clearinghouse

~Util - Set Deadlines

Oct. 11, 2019

Oct. 11, 2019

PACER

Order

Oct. 11, 2019

Oct. 11, 2019

PACER
65

ORDER: On September 12, 2019, Plaintiffs and the Apache County Defendants filed a Notice of Settlement (Doc. 58 ). That same day, Plaintiffs filed a notice (Doc. 59 ), informing the Court that the agreement is missing the signature of Recorder Edison J. Wauneka and assuring the Court that a fully executed agreement would be provided "very soon." Moreover, the Court made it clear that this litigation will not be further delayed and maintained the October 11, 2019 deadline for initial MIDP responses. (Doc. 62 .) Accordingly, Plaintiffs and the Apache County Defendants shall, by October 14, 2019, file a fully executed settlement agreement or notices of service of MIDP responses. Ordered by Judge Dominic W Lanza on 10/11/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
66

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) NOTICE OF SERVICE OF PLAINTIFFS RESPONSES TO THE MANDATORY INITIAL DISCOVERY REQUESTS filed by Plaintiffs Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie. (Ferguson-Bohnee, Patricia) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
67

*NOTICE of Fully Executed Settlement Agreement by Ashley Atene, Sr, Denise Johnson, Navajo Nation, Joyce Nez, Irene Roy, Dale Smith, Bonnie Tsosie re: 58 Notice of Settlement . (Attachments: # 1 Exhibit)(Ferguson-Bohnee, Patricia) *Modified to correct event; attorney noticed on 10/16/2019 (SLQ). (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
68

ORDER - IT IS ORDERED that the stipulation of dismissal (Doc. 58 ) filed by Plaintiffs and the Apache County Defendants (Recorder Wauneka, Elections Director Romero, Board of Supervisors, and Board of Supervisors Chairman Shepherd) is granted. Plaintiffs' claims against the Apache County Defendants are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the Settlement Agreement and Joint Stipulation. The Court shall retain jurisdiction for a period of three years from the date of this Order to enforce the terms of the Settlement Agreement and to resolve any disputes arising under or relating to the Settlement Agreement. IT IS FURTHER ORDERED that, all parties having settled, the Clerk of Court is directed to enter judgment and terminate this action. Signed by Judge Dominic W Lanza on 10/16/19. (SLQ) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

Clearinghouse
69

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED, pursuant to the parties' Joint Stipulation of Dismissal, Plaintiffs' claims against the Apache County Defendants are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) and the terms of the Settlement Agreement and Joint Stipulation. (SLQ) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

Clearinghouse
70

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

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. 20, 2018

Closing Date: Oct. 17, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Federally recognized Indian tribe and six individual members of the Tribe

Plaintiff Type(s):

American Indian Tribe

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

County Recorder (Apache), County

County Elections Director (Apache), County

County Board of Supervisors (Apache), County

Chairman of the County Board of Supervisors (Apache), County

County Recorder (Navajo), County

County Elections Director (Navajo), County

County Board of Supervisors (Navajo), County

Chairman of the County Board of Supervisors (Navajo), County

County Elections Director (Coconino), County

County Recorder (Coconino), County

County Board of Supervisors (Coconino), County

Chairman of the Board of Supervisors (Coconino), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Affected Language(s):

Other

Affected Race(s):

American Indian/Alaskan Native