Case: Isabel v. Reagan

2:18-cv-03217 | U.S. District Court for the District of Arizona

Filed Date: Oct. 9, 2018

Closed Date: Feb. 11, 2021

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Case Summary

This case is about Arizona’s failure to count certain provisional ballots in the 2016 general election when the voter registration deadline fell on a federal and state holiday. The deadline for registering to vote in Arizona for the 2016 election was before midnight on Monday, October 10, 2016, Indigenous Peoples’ Day. However, because of the weekend and the holiday, some methods of registration were unavailable to Arizona residents due to office closures. Some residents then registered to vote…

This case is about Arizona’s failure to count certain provisional ballots in the 2016 general election when the voter registration deadline fell on a federal and state holiday. The deadline for registering to vote in Arizona for the 2016 election was before midnight on Monday, October 10, 2016, Indigenous Peoples’ Day. However, because of the weekend and the holiday, some methods of registration were unavailable to Arizona residents due to office closures. Some residents then registered to vote once offices reopened on Tuesday, October 11. The provisional ballots cast by those October 11th registrants were verified but ultimately not counted in the general election. 

On October 9, 2018, Plaintiff, a resident of Arizona, filed this class action lawsuit in the U.S. District Court for the District of Arizona against  the Secretary of State of Arizona, the County Recorder for Maricopa County, and Maricopa County. The Plaintiff was represented by private counsel. The Plaintiff sued under 42 U.S.C. § 1983 and alleged that the Secretary of State, County Recorder, and the County violated the National Voter Registration Act (“NVRA”), Help America Vote Act (“HAVA”), and Article I, Section 2 of the U.S. Constitution (the “Qualifications Clause”), seeking compensatory and punitive damages and attorneys’ fees. Specifically, the Plaintiff alleged that because the voter registration deadline fell on a holiday when avenues to register would be closed, Arizona residents were effectively required to register at least 31 days before the 2016 general election, in violation of the NVRA’s 30-day limit and HAVA was violated when the provisional ballots were not counted. The case was assigned to District Judge Dominic Lanza. 

On November 27, 2018, the County Defendants filed a motion to dismiss for lack of subject-matter jurisdiction, and on November 30, 2018, the Secretary of State filed a motion to dismiss for failure to state a claim. 

On June 7, 2019, the district court denied the County Defendants’ motion to dismiss, granted the Secretary’s motion to dismiss all three claims, and gave Plaintiff leave to amend the Complaint to add a federal common law cause of action. First, the district court dismissed the NVRA claim because NVRA, unlike § 1983, only allows for declaratory and injunctive relief. Second, the Court dismissed the HAVA claim because the statute does not create a federal right to challenge whether an individual is eligible to vote. Third, the district court dismissed the Qualifications Clause claim because the Plaintiff had not alleged any facts that demonstrated the registration deadline had disenfranchised them. The Plaintiff filed the First Amended Complaint on June 27, 2019, reasserting the NVRA claim and alleging that Plaintiff’s fundamental right to vote was violated, seeking monetary relief of § 1983. 394 F. Supp. 3d 966. 

On July 5, 2019, the Secretary, joined by County Defendants, moved to dismiss the First Amended Complaint for failure to state a claim. On September 28, 2019, the Plaintiff submitted a motion to certify the class. On September 30, 2019, the District court issued a tentative ruling and authorized the parties to submit supplemental briefs. 

On November 1, 2019, the District court granted the County Defendants’ motion to dismiss all three claims and denied Plaintiff’s motion to certify the class as moot. The District court concluded that even if Plaintiff’s voter registration was timely, the Plaintiff did not allege any facts that would give rise to monetary damages against the County under § 1983. On November 27, 2019, he Plaintiff appealed the dismissal of the NVRA and constitutional right to vote claim to the U.S. Court of Appeals for the Ninth Circuit (Docket No. 19-17397). 2019 WL 5684195.

On February 11, 2021, the Ninth Circuit affirmed the district court’s dismissal of the Plaintiff’s claims. The Ninth Circuit reasoned that under the Arizona law in effect in 2016, the Plaintiff did not register to vote by the required deadline. The governing deadline under the NVRA is at least 30 days before the date of the election, and the Arizona law deadline was 29 days before the election. Therefore, there was no violation of the NVRA, which protects those voters who timely register. The Ninth Circuit found this conclusion precludes the constitutional right to vote claim, as the Constitution secures the right to vote for qualified voters.  The Plaintiff did not appeal to the United States Supreme Court. 987 F.3d 1220.

The case is now closed. 

Summary Authors

Madeline Fuller (5/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14541926/parties/isabel-v-reagan/


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Documents in the Clearinghouse

Document
1

2:18-cv-03217

Class Action Complaint and Jury Demand

Isbael v. Reagan

Oct. 9, 2018

Oct. 9, 2018

Complaint
32

2:18-cv-03217

Maricopa County’s 12(b)(1) Motion to Dismiss Plaintiff’s Complaint

Isbael v. Reagan

Nov. 27, 2018

Nov. 27, 2018

Pleading / Motion / Brief
33

2:18-cv-03217

Defendant Michele Reagan’s Motion to Dismiss

Isbael v. Reagan

Nov. 30, 2018

Nov. 30, 2018

Pleading / Motion / Brief
36

2:18-cv-03217

Plaintiff’s Response in Opposition to Maricopa County Defendants’ Motion To Dismiss [Doc. 32]

Isbael v. Reagan

Jan. 7, 2019

Jan. 7, 2019

Pleading / Motion / Brief
37

2:18-cv-03217

Plaintiff’s Response in Opposition to Michele Reagan’s Motion To Dismiss [Doc. 33]

Isbael v. Reagan

Jan. 7, 2019

Jan. 7, 2019

Pleading / Motion / Brief
38

2:18-cv-03217

Defendant Reagan’s Reply in Support of Her Motion to Dismiss

Isbael v. Reagan

Jan. 14, 2019

Jan. 14, 2019

Pleading / Motion / Brief
39

2:18-cv-03217

Maricopa County’s Reply in Support of Its Rule 12(b)(1) Motion to Dismiss Plaintiff’s Complaint

Isbael v. Reagan

Jan. 14, 2019

Jan. 14, 2019

Pleading / Motion / Brief
54

2:18-cv-03217

Order

Isbael v. Reagan

June 7, 2019

June 7, 2019

Order/Opinion

394 F.Supp.3d 966

60

2:18-cv-03217

First Amended Complaint (Class Action) (Jury Trial Demand)

Isbael v. Reagan

June 27, 2019

June 27, 2019

Complaint
61

2:18-cv-03217

Defendant Michele Reagan’s Motion to Dismiss First Amended Complaint

Isbael v. Reagan

July 5, 2019

July 5, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14541926/isabel-v-reagan/

Last updated May 16, 2024, 3:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16050164 filed by David Isabel. (Fidel, Nathan) (Attachments: # 1 Civil Cover Sheet)(SIB) (Entered: 10/09/2018)

1 Civil Cover Sheet

View on PACER

Oct. 9, 2018

Oct. 9, 2018

Clearinghouse
2

SUMMONS Submitted by David Isabel. (Fidel, Nathan) (Attachments: # 1 Summons, # 2 Summons)(SIB) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
3

Filing fee paid, receipt number 0970-16050164. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV 18-3217-PHX-JZB. Magistrate Election form attached. (SIB) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

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. (SIB) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
5

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons)(SIB). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
7

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 10/23/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
8

* SERVICE EXECUTED filed by David Isabel: Affidavit of Service re: Complaint, Notice of Parties, Mandatory Initial Discovery, Consent Magistrate upon Maricopa County on 10/23/2018. (Fidel, Nathan) * Document filed in error, attorney noticed to re-file with the correct PDF document on 11/5/2018 (LAD). (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
9

SERVICE EXECUTED filed by David Isabel: Affidavit of Process re: Complaint, notice to parties mandatory initial discovery, magistrate consent upon Adrian Fontes on 10/23/18. (Fidel, Nathan) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
10

SERVICE EXECUTED filed by David Isabel: Affidavit of Service re: Complaint, mandatory initial discovery notice, magistrate consent upon Michele Reagan on 10/24/2018. (Fidel, Nathan) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
11

SERVICE EXECUTED filed by David Isabel: Affidavit of Process re: Complaint, Notice to Parties Mandatory Initial Discovery, Consent to Exercise Magistrate upon Maricopa County Board of Supervisors on 10/23/2018. (Fidel, Nathan) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
12

NOTICE TO FILER OF DEFICIENCY re: 8 Service Executed filed by David Isabel. Incorrect PDF attached. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. The PDF attached to document number 8 appears to be a duplicate of document number 9 . Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) (Entered: 11/05/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
13

* Notice of Appearance/Association of Counsel by Michele Reagan . (Elliott, Stephanie) * Modified to correct event; attorney noticed on 11/5/2018 (LAD). (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
15

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 11/06/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
16

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Dominic W. Lanza. All further pleadings/papers should now list the following COMPLETE case number: CV-18-3217-PHX-DWL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
17

SERVICE EXECUTED filed by David Isabel: Certificate of Service re: Complaint and Summons upon Adrain Fontes on 10/23/2018. (Fidel, Nathan) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
18

SERVICE EXECUTED filed by David Isabel: Affidavit of Service re: Complaint and Summons upon Maricopa County Board of Supervisor in care of Maricopa County on 10/23/2018. (Fidel, Nathan) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
19

*Re-Docketed at (Doc. 20 ) for case management purposes* MOTION to Transfer Related Case by Michele Reagan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Associated Cases: CV-16-03618-SPL) (Elliott, Stephanie) Modified on 11/8/2018 (EJA). (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
20

MOTION to Transfer Related Case by Michele Reagan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Associated Cases: CV-18-03217-PHX-DWL, CV-16-03618-PHX-SPL) (EJA) (Entered: 11/08/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
21

*RESPONSE to Motion re: 20 MOTION to Transfer Related Case filed by David Isabel. (Scharff, Spencer) *Modified on 11/16/2018 (REK). Please Note: Item re-docketed in related matter (CV-16-03618-PHX-SPL) as document number 41 because that is the case in which the motion is pending. (Entered: 11/11/2018)

Nov. 11, 2018

Nov. 11, 2018

PACER
22

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Adrian Fontes, Maricopa, County of. (Attachments: # 1 Exhibit Exhibit A-Proposed Order)(Offord, Talia) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
23

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint by Michele Reagan. (Attachments: # 1 Text of Proposed Order Proposed Order)(Elliott, Stephanie) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
24

ORDER granting a one-time extension of time until November 27, 2018 for the Maricopa County Defendants to respond to the complaint and until November 30, 2018 for Michele Reagan to respond to the complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendants' answers to the complaint after the extension. No further extensions will be granted. Ordered by Judge Dominic W Lanza on 11/14/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
25

REPLY to Response to Motion re: (41 in 2:16-cv-03618-SPL) MOTION to Transfer Related Case filed by Michele Reagan, Michele Reagan. (Associated Cases: 2:18-cv-03217-DWL, 2:16-cv-03618-SPL) (Elliott, Stephanie) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
26

NOTICE of Appearance by Talia Janelle Offord on behalf of Adrian Fontes, Maricopa, County of. (Offord, Talia) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
27

Joinder in Defendant Michele Reagan's Motion to Transfer Case to Judge Steven P. Logan by Defendants Adrian Fontes, Maricopa, County of. (Offord, Talia) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
28

Joinder re: ( 41 in 2:16-cv-03618-SPL) MOTION to Transfer Related Case. filed by Adrian Fontes, Maricopa, County of. (Document administratively docketed in lower-numbered case to link to the pending motion). (Associated Cases: 2:16-cv-03618-SPL, 2:18-cv-03217-DWL) (LAD) (Entered: 11/19/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
29

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 January 8, 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 11/21/18. (MAW) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
30

NOTICE re: Service of Preliminary Order by David Isabel re: 29 Order, Set Deadlines . (Scharff, Spencer) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

PACER
31

Additional Attachments to Main Document re: 29 Order (Attachment: Notice - MIDP; Attachments: # 1 MIDP User Manual)(MAW) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
32

*MOTION to Dismiss for Lack of Jurisdiction by Adrian Fontes, Maricopa, County of. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit 1)(Offord, Talia) *Modified to correct event on 11/28/2018 (DXD). (Entered: 11/27/2018)

1

View on RECAP

2

View on RECAP

Nov. 27, 2018

Nov. 27, 2018

Clearinghouse
33

*MOTION to Dismiss for Failure to State a Claim by Michele Reagan. (Attachments: # 1 Certificate of Conferral)(Elliott, Stephanie) *Modified to correct Motion type on 12/3/2018 (EJA). (Entered: 11/30/2018)

1 Certificate of Conferral

View on RECAP

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
34

STIPULATION for Extension of Time for Plaintiff to Respond to Defendants' Motions to Dismiss by David Isabel. (Attachments: # 1 Text of Proposed Order)(Scharff, Spencer) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
35

ORDER: IT IS ORDERED granting the Stipulation for Extension of Time for Plaintiff Isabel to Respond to Defendants' Motions to Dismiss (Doc. 34 ) and extending the deadline for Plaintiff to respond to Defendants' motions to dismiss to January 7, 2019. Ordered by Judge Dominic W Lanza on 12/3/18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
36

RESPONSE to Motion re: 32 MOTION to Dismiss for Lack of Jurisdiction filed by David Isabel. (Scharff, Spencer) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

Clearinghouse
37

RESPONSE to Motion re: 33 MOTION to Dismiss for Failure to State a Claim filed by David Isabel. (Scharff, Spencer) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

Clearinghouse
38

REPLY to Response to Motion re: 33 MOTION to Dismiss for Failure to State a Claim filed by Michele Reagan. (Elliott, Stephanie) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

Clearinghouse
39

REPLY to Response to Motion re: 32 MOTION to Dismiss for Lack of Jurisdiction Maricopa County's Reply in Support of Its Rule 12(b)(1) Motion to Dismiss Plaintiff's Complaint filed by Adrian Fontes, Maricopa, County of. (Offord, Talia) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

Clearinghouse
40

REQUEST re: Telephonic Conference re Rule 26(f) Discovery Dispute by Plaintiff David Isabel. (Attachments: # 1 Exhibit Exhibits A - D)(Scharff, Spencer) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
41

RESPONSE re: 40 Request by Defendant Michele Reagan. (Elliott, Stephanie) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
42

ORDER: IT IS ORDERED denying Plaintiff's request (Doc. 40 ) for a telephonic conference with the Court regarding Defendants' refusal to participate in a Rule 26(f) conference [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/7/19. (MAW) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

Clearinghouse
43

ORDER denying (41) Motion to Transfer Related Case. See document for complete details. Signed by Judge Steven P Logan on 2/8/19. (Associated Cases: 2:16-cv-03618-SPL, 2:18-cv-03217-DWL) (MSA) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
44

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff David Isabel. (Fidel, Nathan) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
45

NOTICE of Appearance by Timothy Andrew LaSota on behalf of Michele Reagan. (LaSota, Timothy) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
46

NOTICE TO FILER OF DEFICIENCY re: 45 Notice of Appearance/Association of Counsel filed by Michele Reagan. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER

Notice of Deficiency (Text Only)

April 30, 2019

April 30, 2019

PACER
47

*MOTION to Withdraw as Attorney for Stephanie Elliot, Jeremy Horn, Kara Karlson, and Joseph La Rue by Michele Reagan. (Attachments: # 1 Exhibit Declaration of Michele Reagan, # 2 Text of Proposed Order (Proposed) Order)(LaRue, Joseph) *Modified to remove ex parte designation on 5/2/2019 (GMP). (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
48

ORDER granting 47 Motion to Withdraw as Attorneys. Attorney Kara Karlson; Joseph Eugene LaRue; Stephanie Susan Elliott and Jeremy Dominic Horn terminated. Timothy A. La Sota shall give prompt notice of the entry of this Order to all other parties or their attorneys. Signed by Judge Dominic W Lanza on 5/1/2019. (TCA) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
49

MINUTE ORDER: Motion Hearing set for 5/29/2019 at 10:00 AM (1 hour) in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza as to 32 MOTION to Dismiss and 33 MOTION to Dismiss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER

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

May 21, 2019

May 21, 2019

PACER

Order on Motion to Vacate

May 21, 2019

May 21, 2019

PACER
50

MOTION to Vacate 49 Set/Reset Motion and R&R Deadlines/Hearings by David Isabel. (Attachments: # 1 Text of Proposed Order)(Scharff, Spencer) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
51

ORDER: IT IS ORDERED that the motion to vacate (Doc. 50 ) is granted. Oral Argument is reset from 5/29/2019 to 6/5/2019 at 10:30 AM in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza re: 32 MOTION to Dismiss and 33 MOTION to Dismiss. Ordered by Judge Dominic W Lanza on 5/21/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
52

NOTICE re: Relevant Case Citation by David Isabel . (Scharff, Spencer) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
53

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 6/5/2019. Argument held. IT IS ORDERED taking under advisement 32 Motion to Dismiss and taking under advisement 33 Motion to Dismiss. APPEARANCES: Spencer Scharff and Nathan Fidel for Plaintiff. Timothy LaSota and M. Colleen Connor for Defendants. (Court Reporter Candy Potter) Hearing held 10:35 AM to 11:40 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER

1 - Common Prompts (Text Only)

June 6, 2019

June 6, 2019

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

June 6, 2019

June 6, 2019

PACER

Motion Hearing

June 6, 2019

June 6, 2019

PACER

Order on Motion to Dismiss for Failure to State a Claim

June 6, 2019

June 6, 2019

PACER
54

ORDER: IT IS ORDERED that: (1) The County Defendants' motion to dismiss for lack of jurisdiction (Doc. 32 ) is denied; and (2) The Secretary's motion to dismiss for failure to state a claim (Doc. 33 ) is granted; and (3) By June 28, 2019, Isabel may file a motion for leave to amend his complaint to add a federal common law cause of action [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/7/19. (MAW) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

Clearinghouse
55

First MOTION to Amend/Correct 1 Complaint by David Isabel. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order)(Scharff, Spencer) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
56

*LODGED Proposed First Amended Complaint re: 55 First MOTION to Amend/Correct 1 Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by David Isabel. (Scharff, Spencer) Modified on 6/27/2019 (MAW). (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
57

RESPONSE to Motion re: 55 First MOTION to Amend/Correct 1 Complaint filed by Michele Reagan. (Attachments: # 1 Text of Proposed Order Proposed Order)(LaSota, Timothy) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
58

REPLY to Response to Motion re: 55 First MOTION to Amend/Correct 1 Complaint filed by David Isabel. (Scharff, Spencer) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
59

ORDER: IT IS ORDERED that: (1) Plaintiff's motion for leave to file an FAC (Doc. 55 ) is granted; and (2) Plaintiff shall file his FAC by July 8, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/27/19. (MAW) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

Clearinghouse
60

AMENDED COMPLAINT against All Defendants filed by David Isabel.(Scharff, Spencer) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

Clearinghouse
61

*Second MOTION to Dismiss for Failure to State a Claim by Michele Reagan. (LaSota, Timothy) *Modified to correct motion type on 7/8/2019 (REK). (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

Clearinghouse
62

*STIPULATION for Extension of Time to file Response/Reply re: 61 Motion to Dismiss for Failure to State a Claim by Michele Reagan. (LaSota, Timothy) *Modified to correct event and add document link on 7/8/2019 (REK). (Entered: 07/07/2019)

July 7, 2019

July 7, 2019

PACER
63

Joinder re: 61 MOTION to Dismiss for Failure to State a Claim DEFENDANTS MARICOPA COUNTY AND COUNTY RECORDER'S JOIN DEFENDANT REAGAN'S MOTION TO DISMISS FIRST AMENDED COMPLAINT by Defendants Adrian Fontes, Maricopa, County of. (Attachments: # 1 Exhibit CERTIFICATE OF CONFERRAL)(Connor, M) (Entered: 07/08/2019)

1 Exhibit CERTIFICATE OF CONFERRAL

View on RECAP

July 8, 2019

July 8, 2019

Clearinghouse
64

ORDER: IT IS ORDERED that the parties' stipulation (Doc. 62 ) is granted. Plaintiff shall have until up to and including Tuesday, July 23, 2019 to respond to Defendant Michele Reagan's Motion to Dismiss and Defendant Michele Reagan shall have until up to and including Friday, August 2, 2019 to file her Reply to Plaintiff's Response to Defendant Michele Reagan's Motion to Dismiss the First Amended Complaint. Ordered by Judge Dominic W Lanza on 7/10/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Order on Motion for Extension of Time

July 10, 2019

July 10, 2019

PACER
65

RESPONSE in Opposition re: 61 MOTION to Dismiss for Failure to State a Claim and 63 Joinder filed by David Isabel. (Scharff, Spencer) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

Clearinghouse
66

*REPLY to Response to Motion re: 61 MOTION to Dismiss for Failure to State a Claim filed by Michele Reagan, Maricopa County, Adrian Fontes. (LaSota, Timothy) *Modified filers on 8/1/2019 (SLQ). (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

Clearinghouse
67

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff David Isabel. (Scharff, Spencer) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
68

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff David Isabel. (Scharff, Spencer) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
69

MOTION to Certify Class by David Isabel. (Attachments: # 1 Exhibit Exs. A & B, # 2 Text of Proposed Order)(Scharff, Spencer) (Entered: 09/28/2019)

1 Exhibit Exs. A & B

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2 Text of Proposed Order

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Sept. 28, 2019

Sept. 28, 2019

Clearinghouse
70

MINUTE ORDER: Motion Hearing set for 10/24/2019 at 10:00 AM in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza as to 61 MOTION to Dismiss for Failure to State a Claim. 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

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

Sept. 30, 2019

Sept. 30, 2019

PACER
71

NOTICE OF TENTATIVE RULING: The hearing on Defendants' motion to dismiss (Doc. 61 ) is set for October 24, 2019. In advance of that hearing, the Court wishes to provide the parties with its tentative ruling. Additionally, because the tentative ruling identifies grounds for granting dismissal that were arguably not raised in Defendants' motion, the parties are invited to file an optional supplemental brief, not to exceed 10 pages, by no later than October 15, 2019. Signed by Judge Dominic W Lanza on 9/30/19. (MAW) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

Clearinghouse
72

*RESPONSE in Opposition re: 69 MOTION to Certify Class filed by Maricopa, County of, Adrian Fontes. (Attachments: # 1 Text of Proposed Order)(Connor, M) *Modified to add additional filer on 10/16/2019 (REK). (Entered: 10/15/2019)

1 Text of Proposed Order

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Oct. 15, 2019

Oct. 15, 2019

Clearinghouse
73

*SUPPLEMENT Defendants' Supplemental Brief on the Defendants' Motion to Dismiss re: 61 MOTION to Dismiss for Failure to State a Claim by Defendant Maricopa, County of, Adrian Fontes. (Attachments: # 1 Exhibit Exb 1-BOS Resolution Holiday)(Connor, M) *Modified to add additional filer on 10/16/2019 (REK). (Entered: 10/15/2019)

1 Exhibit Exb 1-BOS Resolution Holiday

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Oct. 15, 2019

Oct. 15, 2019

Clearinghouse
74

*NOTICE of Errata re: 73 Supplement by Defendant Maricopa, County of, Adrian Fontes. (Connor, M) *Modified to add additional filer on 10/16/2019 (REK). (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
75

NOTICE re: Notice of nonbriefing by Michele Reagan . (LaSota, Timothy) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
76

SUPPLEMENT Supplemental Brief in Opposition to Dismissal re: 71 Order by Plaintiff David Isabel. (Scharff, Spencer) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

Clearinghouse
77

REPLY to Response to Motion re: 69 MOTION to Certify Class filed by David Isabel. (Scharff, Spencer) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

Clearinghouse
78

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 10/24/2019. Argument held. IT IS ORDERED taking under advisement 61 Motion to Dismiss First Amended Complaint. APPEARANCES: Spencer Scharff and Nathan Fidel for Plaintiff. Timothy LaSota, M. Colleen Connor and Talia Offord for Defendants. (Court Reporter Candy Potter) Hearing held 10:05 AM to 11:02 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER

1 - Common Prompts (Text Only)

Oct. 24, 2019

Oct. 24, 2019

PACER

Order on Motion to Dismiss for Failure to State a Claim

Oct. 24, 2019

Oct. 24, 2019

PACER

Motion Hearing

Oct. 24, 2019

Oct. 24, 2019

PACER
79

ORDER: Defendants' motion to dismiss the FAC for failure to state a claim (Doc. 61 ) is granted; Isabel's motion for class certification (Doc. 69 ) is denied as moot; and The Clerk of Court shall terminate this action and enter judgment accordingly. (See Order for details.) Signed by Judge Dominic W Lanza on 11/1/2019. (SST) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

Clearinghouse
80

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed November 1, 2019, Defendant's Motion to Dismiss the First Amended Complaint (Doc. 61 ) is granted and this action is dismissed. (SST) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

Clearinghouse
81

TRANSCRIPT REQUEST by David Isabel for proceedings held on 06/05/2019, 10/24/2019, Judge Dominic W Lanza hearing judge(s). (Fidel, Nathan) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
82

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 79 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Certify Class, 54 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim, 80 Clerks Judgment, 42 Order by David Isabel. Filing fee received: $ 505.00, receipt number 0970-17675584. (Attachments: # 1 Exhibit Representative Statement)(Scharff, Spencer) (Entered: 11/26/2019)

1 Exhibit Representative Statement

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Nov. 26, 2019

Nov. 26, 2019

Clearinghouse
83

USCA Case Number re: 82 Notice of Appeal. Case number 19-17397, Ninth Circuit. (EJA) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

Clearinghouse
84

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings for date of 06/05/2019 before Judge DOMINIC W. LANZA re: 82 Notice of Appeal. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. 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 12/26/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/3/2020. (RAP) (Entered: 12/11/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
85

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings for date of 10/24/2019 before Judge DOMINIC W. LANZA re: 82 Notice of Appeal. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. 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 12/26/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/3/2020. (RAP) (Entered: 12/11/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
87

MANDATE of USCA Affirming District Court decision re: 19-17397 as to 82 Notice of Appeal. (Attachments: # 1 Opinion)(DXD) (Entered: 03/08/2021)

1 Opinion

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March 8, 2021

March 8, 2021

Clearinghouse

Case Details

State / Territory: Arizona

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 9, 2018

Closing Date: Feb. 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Arizona voters who registered to vote on October 11, 2016 and cast a provisional ballot in the November 8, 2016 General Election. Plaintiff also sought to represent a subclass of all Maricopa County voters who registered to vote on October 11, 2016 and cast a provisional ballot in the November 8, 2016 General Election. Note the class was not certified, as the Motion to Certify was deemed moot.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Maricopa County, Arizona (Maricopa), County

Secretary of State (Arizona), State

County Recorder for Maricopa County, Arizona (Maricopa), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: $0.00

Issues

Voting:

Election administration

Voter registration rules