Case: Public Integrity Alliance v. City of Tucson

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11538774 filed by Ken Smalley, Fernando Gonzales, Bruce Ash, Ann Holden, Public Integrity Alliance Incorporated, Lori Oien. (Basile, Thomas) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(DLC) (Entered: 04/07/2015)

1 Civil Cover Sheet

View on PACER

2 Exhibit

View on PACER

NOTICE of Constitutional Claim by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. (Basile, Thomas) (DLC) (Entered: 04/07/2015)

MOTION for Preliminary Injunction by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. (Basile, Thomas) (Attachments: # 1 Text of Proposed Order)(DLC) (Entered: 04/07/2015)

1 Text of Proposed Order

View on RECAP

Corporate Disclosure Statement by Public Integrity Alliance Incorporated. (Basile, Thomas) (DLC) (Entered: 04/07/2015)

SUMMONS Submitted by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. (Basile, Thomas) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(DLC) (Entered: 04/07/2015)

Filing fee paid, receipt number 0970-11538774. This case has been assigned to the Honorable Cindy K. Jorgenson. All future pleadings or documents should bear the correct case number: 4:15-CV-138-TUC-CKJ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) (Entered: 04/07/2015)

Summons Issued as to Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/07/2015)

AFFIDAVIT of Thomas J. Basile Affidavit of Service by Plaintiff Public Integrity Alliance Incorporated. (Basile, Thomas) (Entered: 04/08/2015)

SERVICE EXECUTED filed by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated: Certificate of Service re: Complaint, Notice of Constitutional Claim and Motion for Preliminary Injunction upon Andrew Biggs in his capacity as the President of Arizona Senate on 4/7/15. (Basile, Thomas) (Entered: 04/17/2015)

SERVICE EXECUTED filed by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated: Certificate of Service re: Complaint, Notice of Constitutional Claim and Motion for Preliminary Injunction upon David Gowan, in his capacity as the Speaker of the Arizona House of Representatives on 4/7/15. (Basile, Thomas) (Entered: 04/17/2015)

SERVICE EXECUTED filed by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated: Certificate of Service re: Complaint, Notice of Constitutional Claim and Motion for Preliminary Injunction upon Mark Brnovich, in his capacity as the Attorney General of Arizona on 4/7/15. (Basile, Thomas) (Entered: 04/17/2015)

ORDER: IT IS ORDERED the Answer to the 1 Complaint shall be filed on or before 4/29/15. Any response to the 3 Motion for Preliminary Injunction shall be filed on or before 4/29/15; any reply to the response to the 3 Motion for Preliminary Injunction shall be filed on or before 5/6/15. This matter is set for hearing on the Motion for Preliminary Injunction and Trial on 5/8/15 at 9:00 a.m. If the parties intend to present testimony at the 5/8/15 hearing, they shall file a notice of anticipated length of hearing, a witness list, and an exhibit list on or before 5/6/15. Signed by Judge Cindy K Jorgenson on 4/16/15. (BAC) (Entered: 04/20/2015)

* ANSWER to 1 Complaint by Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich.(Brown, Richard) *Modified to add attorneys Dennis Patrick McLaughlin, Richard M Rollman, and Michael G Rankin on 5/1/2015 (MFR). (Entered: 04/29/2015)

RESPONSE in Opposition re: 3 MOTION for Preliminary Injunction Opposition to Motion for Preliminary Injunction filed by Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich. (Attachments: # 1 Exhibit Declaration of Roger W. Randolph)(Brown, Richard) (Entered: 04/29/2015)

1 Exhibit Declaration of Roger W. Randolph

View on PACER

NOTICE of Errata re: 13 Answer to Complaint, 14 Response in Opposition to Motion Notice of Errata by Defendants Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich.. (Rollman, Richard) (Entered: 04/29/2015)

SUPPLEMENT Supplemental Citation of Authority re: 14 Response in Opposition to Motion by Defendants Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich. (Brown, Richard) (Entered: 05/05/2015)

REPLY to Response to Motion re: 3 MOTION for Preliminary Injunction filed by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. (Langhofer, Kory) (Entered: 05/05/2015)

NOTICE re: Notice Re May 8, 2015 Hearing by Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich . (Attachments: # 1 Exhibit Exhibit 1)(Brown, Richard) (Entered: 05/06/2015)

NOTICE re: Notice of Hearing Witnesses and Supplemental Authority by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley re: 12 Order, Set/Reset Motion and R&R Deadlines/Hearings, Set/Reset Deadlines/Hearings . (Langhofer, Kory) (Entered: 05/06/2015)

NOTICE re: Notice of Firm Name Change and Email Address Change by Paul Cunningham, Richard Fimbres, Steve Kozachik, Roger Randolph, Regina Romero, Jonathan Rothschild, Shirley Scott, Tucson, City of, Karin Uhlich . (Brown, Richard) (Entered: 05/08/2015)

MINUTE ENTRY for Preliminary Injunction Hearing proceedings held before Judge Cindy K Jorgenson on 5/8/2015. The Court takes under advisement 3 Motion for Preliminary Injunction. (Court Reporter Cheryl Cummings.) Hearing held 9:04 a.m. to 10:20 a.m. (JTA) (Entered: 05/11/2015)

ORDER: IT IS ORDERED the 3 Motion for Preliminary Injunction is DENIED. Plaintiffs' claim of a dilution of the right to vote as stated in Count II is DISMISSED. Judgment is awarded in favor of Defendants and against Plaintiffs as to Plaintiffs' claim of a denial of the right to vote under the Due Process Clause of the US Constitution (Count I), the Privileges and Immunities Clause of the Arizona Constitution (Count III), and the Free and Equal Elections Clause of the Arizona Constitution (Count IV). The Clerk of Court shall enter judgment and close its file in this matter. Signed by Judge Cindy K Jorgenson on 5/20/15.(BAC) (Entered: 05/20/2015)

CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that, Judgment is awarded in favor of Defendants and against Plaintiffs as to Plaintiffs' claim of a denial of the right to vote under the Due Process Clause of the US Constitution (Count I), the Privileges and Immunities Clause of the Arizona Constitution (Count III), and the Free and Equal Elections Clause of the Arizona Constitution (Count IV). Per the Court's order filed on 5/20/15, Judgment is entered, and this case is closed.(BAC) (Entered: 05/20/2015)

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 23 Clerks Judgment, 22 Order on Motion for Preliminary Injunction by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. Filing fee received: $ 505.00, receipt number 0970-11760994. (Attachments: # 1 Exhibit A)(Langhofer, Kory) (Entered: 06/05/2015)

1 Exhibit A

View on PACER

REPRESENTATION STATEMENT by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley re: 24 Notice of Appeal. (Langhofer, Kory) (Entered: 06/05/2015)

USCA Case Number re: 24 Notice of Appeal. Case number 15-16142, 9th CCA. (BAC) (Entered: 06/09/2015)

TIME SCHEDULE ORDER of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. (BAC) (Entered: 06/09/2015)

TRANSCRIPT REQUEST by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated for proceedings held on May 8, 2015, Judge Cindy K Jorgenson hearing judge(s). (Langhofer, Kory) (Entered: 06/10/2015)

ORDER of USCA re: 24 Notice of Appeal. The unopposed motion to expedite the briefing and calendaring of this appeal is granted. The opening brief is due July 6, 2015. (KAH) (Entered: 06/19/2015)

TRANSCRIPT of MOTION FOR PRELIMINARY INJUNCTION AND TRIAL for the date of 05/08/2015 before Judge Cindy K Jorgenson re: 24 Notice of Appeal. Court Reporter Cheryl L Cummings. 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 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 7/16/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/23/2015. (SGG) (Entered: 06/25/2015)

TRANSCRIPT REQUEST Motion for Preliminary Injunction (entire hearing) by Tucson, City of for proceedings held on May 8, 2015, Judge Cindy K Jorgenson hearing judge(s). (Avery, Christopher) (Entered: 07/08/2015)

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kory A Langhofer. (Langhofer, Kory) (Entered: 10/02/2015)

BILL OF COSTS by Bruce Ash, Fernando Gonzales, Ann Holden, Lori Oien, Public Integrity Alliance Incorporated, Ken Smalley. (Attachments: # 1 Affidavit of Thomas Basile, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Langhofer, Kory) (Entered: 11/24/2015)

MANDATE of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. The unopposed motion to dismiss Lori Oien as a party is GRANTED. This order constitutes the mandate of the court as to Appellant Lori Oien. (Attachments: # 1 NDA)(BAC) (Entered: 04/04/2016)

ORDER of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. It is ordered that this case be reheard en banc. (See attached PDF for complete information).(BAC) (Entered: 05/06/2016)

ORDER of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. En banc oral argument will take place during the week of 6/20/16, in San Francisco, California. The date and time will be determined by separate order. (See attached PDF for complete information).(BAC) (Entered: 05/06/2016)

MANDATE of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. AFFIRMED. (Attachments: # 1 Opinion, # 2 NDA)(BAC) (Entered: 10/03/2016)

Taxation Judgment. An en banc Mandate of the United States Court of Appeals for the Ninth Circuit was filed on September 27, 2016, and affirmed the District Courts Judgment. The matter has been reviewed and all costs are denied as plaintiff is not the prevailing party. (CSL) (Entered: 10/18/2016)

ORDER of USCA re: 24 Notice of Appeal filed by Ken Smalley, Ann Holden, Fernando Gonzales, Bruce Ash, Public Integrity Alliance Incorporated, Lori Oien. Petition for writ of certiorari in the above entitled case was filed on 11/30/16.(BAC) (Entered: 12/13/2016)

APPEAL DOCUMENT re: 24 Notice of Appeal. Petition for a writ of certiorari is denied.(BAC) (Entered: 03/24/2017)