Case: Arizona Democratic Party v. Arizona Republican Party

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13555143 filed by Arizona Democratic Party. (submitted by Sarah R. Gonski) (Attachments: # 1 Civil Cover Sheet)(LSP) (Entered: 10/31/2016)

1 Civil Cover Sheet

View on PACER

SUMMONS Submitted by Arizona Democratic Party. (submitted by Sarah R. Gonski) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LSP) (Entered: 10/31/2016)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

Filing fee paid, receipt number 0970-13555143. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-16-3752-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LSP) (Entered: 10/31/2016)

Summons Issued as to Arizona Republican Party, Donald J Trump for President Incorporated, Roger J Stone, Jr, Stop the Steal Incorporated. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LSP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/31/2016)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order for complete details). Signed by Judge John J Tuchi on 10/31/16. (JAMA) (Entered: 10/31/2016)

ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 30, 2017. (See attached Order for complete details). Signed by Judge John J Tuchi on 10/31/16. (JAMA) (Entered: 10/31/2016)

ORDER: Plaintiff shall serve the Complaint and Summons, if not already served, as well as this Order on Defendants by 11:00 AM on 11/1/2016. Plaintiff shall file an opening brief on its request for injunctive relief by 5:00 PM on 11/1/2016. Defendants shall file a responsive brief on Plaintiff's request for injunctive relief by 5:00 PM on 11/2/2016. Plaintiff may file a reply brief by 12:00 noon on 11/3/2016. FURTHER ORDERED setting a hearing on Plaintiff's request for injunctive relief at 1:30 PM on 11/3/2016 in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Signed by Judge John J Tuchi on 10/31/2016. (MMO) (Entered: 10/31/2016)

MOTION for Admission Pro Hac Vice as to attorney Michael J. Gottlieb by Arizona Democratic Party. (Gottlieb, Michael) (Entered: 11/01/2016)

SERVICE EXECUTED filed by Arizona Democratic Party: Return of Service re: Summons, Complaint & (Order, Docket No. 5) upon Arizona Republican Party on 10/31/16. (Gonski, Sarah) (Entered: 11/01/2016)

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Arizona Democratic Party. (Attachments: # 1 Supplement Memorandum of Law, # 2 Text of Proposed Order)(Gonski, Sarah) (Entered: 11/01/2016)

1 Supplement Memorandum of Law

View on PACER

2 Text of Proposed Order

View on RECAP

DECLARATION of Sarah R. Gonski re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff Arizona Democratic Party. (Attachments: # 1 Exhibit Index, # 2 Exhibits 1 - 12 to Gonski Declaration, # 3 Exhibits 13 - 25 to Gonski Declaration, # 4 Exhibits 26 - 29 to Gonski Declaration)(Gonski, Sarah) (Entered: 11/01/2016)

1 Exhibit Index

View on PACER

2 Exhibits 1 - 12 to Gonski Declaration

View on PACER

3 Exhibits 13 - 25 to Gonski Declaration

View on PACER

4 Exhibits 26 - 29 to Gonski Declaration

View on PACER

REPORT of Expert Report and Declaration of Mark S. Mellman re: 10 by Plaintiff Arizona Democratic Party. (Gonski, Sarah) (Entered: 11/01/2016)

ORDER: IT IS ORDERED that the parties shall neither move documents and witness declarations into evidence nor conduct direct examination of witnesses at the Hearing, but the opposing party may cross-examine any witness, in which instance the offering party may conduct redirect examination. (See attached Order). Signed by Judge John J Tuchi on 11/2/16. (JAMA) (Entered: 11/02/2016)

PRO HAC VICE FEE PAID. $ 35, receipt number PHX178205 as to Michael Julian Gottlieb. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS)

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (KAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/02/2016)

RESPONSE to Motion re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Arizona Republican Party, Donald J Trump for President Incorporated. (Langhofer, Kory) (Entered: 11/02/2016)

TRANSCRIPT REQUEST by Arizona Democratic Party for proceedings held on 11/3/16, Judge John J Tuchi hearing judge(s). (Gonski, Sarah) (Entered: 11/03/2016)

NOTICE of Appearance by Timothy Andrew LaSota on behalf of Arizona Republican Party. (LaSota, Timothy) (Entered: 11/03/2016)

TRANSCRIPT REQUEST by Donald J Trump for President Incorporated for proceedings held on 11/03/2016, Judge John J Tuchi hearing judge(s). (Langhofer, Kory) (Entered: 11/03/2016)

*SERVICE EXECUTED filed by Arizona Democratic Party: Proof of Service re: Summons upon Stop The Steal, Inc. on 11/2/16. (Gonski, Sarah) *Modified to correct date of service on 11/4/2016 (KGM). (Entered: 11/03/2016)

NOTICE of Appearance by Kory A Langhofer on behalf of Donald J Trump for President Incorporated. (Langhofer, Kory) (Entered: 11/03/2016)

NOTICE re: Notice of Filing of Declaration by Arizona Republican Party . (Attachments: # 1 Affidavit Declaration of Walt Opaska)(LaSota, Timothy) (Entered: 11/03/2016)

REPLY to Response to Motion re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Arizona Democratic Party. (Attachments: # 1 Affidavit Declaration of Dawn L. Smalls, # 2 Exhibits Index to Declaration of Dawn L. Smalls, # 3 Exhibit 1 - 15 to Declaration of Dawn L. Smalls, # 4 Affidavit Declaration of Sarah R. Gonski, # 5 Exhibit 1 to Declaration of R. Gonski)(Gonski, Sarah) (Entered: 11/03/2016)

NOTICE re: Notice of Filing of Declaration by Arizona Republican Party . (Attachments: # 1 Affidavit Declaration of Robert Graham)(LaSota, Timothy) (Entered: 11/03/2016)

MINUTE ENTRY for proceedings held before Judge John J Tuchi: Preliminary Injunction Hearing held on 11/3/2016. Discussion held. For reasons as stated on the record, IT IS ORDERED denying Plaintiff's request for limited discovery. IT IS FURTHER ORDERED reserving judgment for Defendant Mr. Stone and denying Defendant Stop the Steal, Inc.'s motion to dismiss for lack of service and lack of jurisdiction. IT IS FURTHER ORDERED that Defendant Stop the Steal, Inc. may file a response to Plaintiff's motion (Doc. 10 ) by 10:30 a.m. on 11/4/2016, to which Plaintiff may file reply by 12:30 p.m. on 11/4/2016. IT IS FURTHER ORDERED taking this matter under advisement. Formal order to issue. (Court Reporter Elaine Cropper.) Hearing held 1:32 PM to 5:49 PM.(JAMA) (Entered: 11/03/2016)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 11/03/2016, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). 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 11/25/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (RAP) (Entered: 11/04/2016)

*SERVICE EXECUTED filed by Arizona Democratic Party: Proof of Service re: Summons upon Roger J. Stone, Jr. on 11/2/16. (Gonski, Sarah) *Modified to correct date of service on 11/7/2016 (KGM). (Entered: 11/04/2016)

*RESPONSE in Opposition re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Roger J Stone, Jr, Stop the Steal Incorporated. (Jensen, Paul) *Document is not in compliance with LRCiv 7.1(c), attorney notified on 11/7/2016 (KGM). (Entered: 11/04/2016)

REPLY to Response to Motion re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Arizona Democratic Party. (Attachments: # 1 Affidavit Declaration of Sarah R. Gonski, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Gonski, Sarah) (Entered: 11/04/2016)

NOTICE re: Supplemental Authority by Arizona Democratic Party re: 10 MOTION for Temporary Restraining Order and/or Preliminary Injunction . (Gonski, Sarah) (Entered: 11/04/2016)

NOTICE re: Notice of Filing of Declarations of Tim Sifert and Tiffany Broberg, and Notice of Filing of Application for Emergency Stay of the Ninth Circuit's Ballot Harvesting Ruling In Separate Cause of Action by Arizona Republican Party . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(LaSota, Timothy) (Entered: 11/04/2016)

ORDER denying Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction 10 . The Court finds that Plaintiff has not demonstrated it is likely to succeed in showing the statements and actions of Defendants to-date constitute intimidation, threat, coercion or force against voters for voting or attempting to vote in violation of the Voting Rights Act and/or the Ku Klux Klan Act. Moreover, Plaintiff has not shown the likelihood of a conspiracy as required for its Ku Klux Klan Act claim. Plaintiff is thus not likely to succeed on the merits for either of its claims against Defendants. Although Plaintiff has demonstrated (1) a likelihood of irreparable injury if Defendants violate the Voting Rights Act and/or the Ku Klux Klan Act prior to or on Election Day; (2) that the balance of equities tips slightly in its favor; and (3) that, in such an instance, an injunction would be in the public interest, the Court must deny Plaintiff's request for injunctive relief before Election Day based on the record before the Court. The parties may continue to raise issues to this Court through Election Day if they receive additional, material evidence. FURTHER ORDERED denying as moot Defendant Roger J. Stone, Jr.'s oral motion to dismiss for lack of service and denying his oral motion to dismiss for lack of jurisdiction (see Doc. 24; Doc. 25, Tr. at 43). See Order for further details. Signed by Judge John J Tuchi on 11/4/16.(SJF) (Entered: 11/04/2016)

*NOTICE OF VOLUNTARY DISMISSAL by Arizona Democratic Party. (Gonski, Sarah) *Modified to correct event type on 11/10/2016 (KGM). (Entered: 11/09/2016)

MINUTE ORDER: Pursuant to Notice of Voluntary Dismissal 32, Civil Case Terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 11/09/2016)