Case: United States v. Fontes

United States of America v. Fontes

COMPLAINT filed by United States of America. (submitted by Brittany Bennett) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 01/06/2026)

1 Civil Cover Sheet

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SUMMONS Submitted by United States of America. (submitted by Brittany Bennett) (REK) (Entered: 01/06/2026)

This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-26-00066-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 01/06/2026)

Summons Issued as to Adrian Fontes. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/06/2026)

PRELIMINARY ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/6/2026. (ESG) (Entered: 01/06/2026)

ORDER 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 April 6, 2026. Signed by Judge Susan M. Brnovich on 1/6/2026. (ESG) (Entered: 01/06/2026)

MOTION to Compel Production of Records pursuant to Civil Rights Act of 1960 by United States of America. (Attachments: # 1 Proposed Order)(Bennett, Brittany) (Entered: 01/07/2026)

1 Proposed Order

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MEMORANDUM in Support of 7 MOTION to Compel Production of Records pursuant to Civil Rights Act of 1960 by Plaintiff United States of America. (Attachments: # 1 Exhibit Letter to SOS, # 2 Exhibit Letter from SOS, # 3 Exhibit Letter to SOS, # 4 Exhibit Letter from SOS, # 5 Supplement Declaration of Eric Neff, # 6 Exhibit South Carolina Order)(Bennett, Brittany) (Entered: 01/07/2026)

1 Exhibit Letter to SOS

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2 Exhibit Letter from SOS

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3 Exhibit Letter to SOS

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4 Exhibit Letter from SOS

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5 Supplement Declaration of Eric Neff

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6 Exhibit South Carolina Order

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MOTION to Intervene Unopposed Motion to Intervene as Defendant by Arizona Alliance for Retired Americans. (Attachments: # 1 Exhibit Exhibits A-J, # 2 Proposed Order Proposed Order)(Dul, Sambo) (Entered: 01/08/2026)

1 Exhibit Exhibits A-J

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2 Proposed Order Proposed Order

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Disclosure Statement by Arizona Alliance for Retired Americans identifying Corporate Parent Arizona Alliance for Retired Americans for Arizona Alliance for Retired Americans. (Dul, Sambo) (Entered: 01/08/2026)

NOTICE of Appearance by Karen J Hartman-Tellez on behalf of Adrian Fontes. (Hartman-Tellez, Karen) (Entered: 01/09/2026)

NOTICE OF ATTORNEY APPEARANCE: Eric Neff appearing for United States of America. . (Neff, Eric) (Entered: 01/12/2026)

NOTICE re: Supplemental Authority by United States of America . (Attachments: # 1 Exhibit Exh. A - OSC CT)(Neff, Eric) (Entered: 01/12/2026)

1 Exhibit Exh. A - OSC CT

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Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Lalitha Madduri on behalf of Intervenor Defendant Arizona Alliance for Retired Americans. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Max C Accardi, Kevin Ronald Kowalewski on behalf of Intervenor Defendant Arizona Alliance for Retired Americans. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

MOTION to Intervene by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (Attachments: # 1 Exhibit 1 - Motion to Dismiss, # 2 Exhibit 2 - Declaration of Jennifer Guzman Galan, # 3 Exhibit 3 - Declaration of Shannon Roivas, # 4 Exhibit 4 - Declaration of Caleb D. Trevino, # 5 Exhibit 5 - Declaration of Kara Janssen, # 6 Exhibit 6 - DOJ MOU, # 7 Proposed Order)(Lopez, Victoria) (Entered: 01/14/2026)

1 Exhibit 1 - Motion to Dismiss

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2 Exhibit 2 - Declaration of Jennifer Guzman Galan

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3 Exhibit 3 - Declaration of Shannon Roivas

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4 Exhibit 4 - Declaration of Caleb D. Trevino

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5 Exhibit 5 - Declaration of Kara Janssen

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6 Exhibit 6 - DOJ MOU

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7 Proposed Order

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Disclosure Statement by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino identifying Corporate Parent Common Cause for Common Cause. (Lopez, Victoria) (Entered: 01/14/2026)

First STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Adrian Fontes. (Attachments: # 1 Proposed Order)(Hartman-Tellez, Karen) (Entered: 01/15/2026)

1 Proposed Order

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SERVICE EXECUTED: USMS Process Receipt and Return re: Summons and Complaint upon Adrian Fontes on 1/9/26. (EJA) (Entered: 01/16/2026)

NOTICE re: Proposed Intervenors' Notice of Supplemental Authority by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino re: 14 MOTION to Intervene . (Attachments: # 1 Exhibit 1)(Lopez, Victoria) (Entered: 01/16/2026)

1 Exhibit 1

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Service Returned Unexecuted: Summons/Complaint/Memo/Attachments as to Kris Mayes. (EJA) (Entered: 01/20/2026)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Jonathan Topaz on behalf of Movants Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Theresa J Lee, Sophia Lin Lakin on behalf of Movants Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Patricia Jia Yan on behalf of Movants Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Sarah E Brannon on behalf of Movants Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

ORDER that the 16 Stipulation For Extension of Time is granted. IT IS FURTHER ORDERED that Defendant shall file his response to the Complaint (Doc. 1 ) and his response to the Motion for an Order to Compel Production of Records Pursuant to 52 U.S.C. § 20701 et seq. (the "Motion to Compel") (Doc. 7 ) on or before February 27, 2026. IT IS FURTHER ORDERED that Plaintiff shall file its reply in support of the Motion to Compel, if any, on or before March 13, 2026. Signed by Judge Susan M. Brnovich on 2/4/2026. (ESG) (Entered: 02/04/2026)

*MOTION to Withdraw as Attorney Ex Parte Application for Withdrawal as Counsel Filed with Client Consent - D. Andrew Gaona filed by David Andrew Gaona. (Attachments: # 1 Forms Exhibit A, # 2 Proposed Order Proposed Order)(Gaona, David) Modified on 2/27/2026 (EJA). (Entered: 02/26/2026)

1 Forms Exhibit A

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2 Proposed Order Proposed Order

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MOTION for Leave to File Motion to Dismiss and Opposition to Motion to Compel by Arizona Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Madduri, Lalitha) (Entered: 02/27/2026)

1 Proposed Order

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LODGED Proposed Motion to Dismiss re: 22 MOTION for Leave to File Motion to Dismiss and Opposition to Motion to Compel . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Alliance for Retired Americans. (Madduri, Lalitha) (Entered: 02/27/2026)

LODGED Proposed Response in Opposition to Motion for Order to Compel re: 22 MOTION for Leave to File Motion to Dismiss and Opposition to Motion to Compel . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Alliance for Retired Americans. (Madduri, Lalitha) (Entered: 02/27/2026)

MOTION to Dismiss for Failure to State a Claim by Adrian Fontes. (Hartman-Tellez, Karen) (Entered: 02/27/2026)

RESPONSE to Motion re: 7 MOTION to Compel Production of Records pursuant to Civil Rights Act of 1960 filed by Adrian Fontes. (Hartman-Tellez, Karen) (Entered: 02/27/2026)

MOTION to File Amicus Curiae Brief by Democratic National Committee. (Attachments: # 1 Attachment Amicus Brief of the Democratic National Committee, # 2 Proposed Order)(Arellano, Daniel) (Entered: 03/02/2026)

1 Attachment Amicus Brief of the Democratic National Committee

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2 Proposed Order

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Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Daniel J Freeman on behalf of Amicus Democratic National Committee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE of Appearance by Jonathon Hauenschild on behalf of United States of America. (Hauenschild, Jonathon) (Entered: 03/05/2026)

MOTION to File Amicus Curiae Brief by Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen B. Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran. (Attachments: # 1 Proposed Order)(Ward, Emily) (Entered: 03/05/2026)

1 Proposed Order

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LODGED Proposed Unopposed Brief of Amici Curiae Former Employees of U.S. Dept. of Justice re: 29 MOTION to File Amicus Curiae Brief. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen B. Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran. (Ward, Emily) (Entered: 03/05/2026)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Noah Bokat-Lindell on behalf of Amicus Parties Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen B. Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION to File Amicus Curiae by Brennan Center for Justice at NYU School of Law, Campaign Legal Center. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to file Amicus Brief, # 2 Exhibit Proposed Amicus Brief)(Barton, James) (Entered: 03/06/2026)

1 Proposed Order Proposed Order Granting Motion to file Amicus Brief

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2 Exhibit Proposed Amicus Brief

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ORDER denying Alliance's Motion to Intervene (Doc. 9 ) and the Common Cause Intervenors' Motion to Intervene (Doc. 14 ). IT IS FURTHER ORDERED denying Alliance's Motion for Leave to File Motion to Dismiss and Opposition to Motion to Compel (Doc. 22 ) as moot. IT IS FURTHER ORDERED striking Alliance's Proposed Motion to Dismiss (Doc. 23 ) and Proposed Response in Opposition to Motion for Order to Compel (Doc. 24 ). Signed by Judge Susan M. Brnovich on 3/9/2026. (ESG) (Entered: 03/09/2026)

Remark: Pro hac vice motion(s) granted for Daniel Spector Lenz on behalf of Amicus Brennan Center for Justice at NYU School of Law. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Daniel Michael Kobrin on behalf of Movant Maryland, State of. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION for Leave to File Amicus Brief by Maryland, State of. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Amicus Brief)(Kobrin, Daniel) (Entered: 03/11/2026)

1 Proposed Order

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2 Exhibit Proposed Amicus Brief

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LODGED Proposed Multistate Amicus Brief re: 33 MOTION for Leave to File Amicus Brief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maryland, State of. (Kobrin, Daniel) (Entered: 03/11/2026)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Norman Larry Eisen on behalf of Movant League of United Latin American Citizens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

*RESPONSE in Opposition re: 25 MOTION to Dismiss for Failure to State a Claim, REPLY to Response to Motion re: 7 MOTION to Compel filed by United States of America. (Attachments: # 1 2d Declaration of Eric Neff in Support of Plaintiff's Opposition to Motion to Dismiss, # 2 Exhibit 6 - EDNC Order re Intervention Reconsideration, # 3 Exhibit 7 - NDGA Complaint, # 4 Exhibit 8 - NDGA Consent Order, # 5 Exhibit 9 - EDNC Consent Judgment and Order, # 6 Exhibit 10 - EDNC Defs 2d Status Report, # 7 Exhibit 11 - Ford-Carter Report)(Hauenschild, Jonathon) *Modified to add Reply on 3/16/2026 (EJA). (Entered: 03/13/2026)

1 2d Declaration of Eric Neff in Support of Plaintiff's Opposition to Motion

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2 Exhibit 6 - EDNC Order re Intervention Reconsideration

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3 Exhibit 7 - NDGA Complaint

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4 Exhibit 8 - NDGA Consent Order

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5 Exhibit 9 - EDNC Consent Judgment and Order

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6 Exhibit 10 - EDNC Defs 2d Status Report

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7 Exhibit 11 - Ford-Carter Report

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MOTION for Leave to File Amicus Brief by League of United Latin American Citizens. (Attachments: # 1 Proposed Order)(Messer, Joshua) *Modified text on 3/17/2026 (EJA). (Entered: 03/16/2026)

1 Proposed Order

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NOTICE of Errata re: 36 MOTION for Leave to File Motion for Leave to File Amicus Brief by Movant League of United Latin American Citizens.. (Attachments: # 1 Attachment, # 2 Exhibit)(Messer, Joshua) (Entered: 03/16/2026)

LODGED Proposed Amicus Brief of the League of United Latin American Citizens in Support of Defendant's Motion to Dismiss re: 36 MOTION for Leave to File Motion for Leave to File Amicus Brief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by League of United Latin American Citizens. (Messer, Joshua) (Entered: 03/16/2026)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Tianna Jade Mays on behalf of Movant League of United Latin American Citizens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Pooja Chaudhuri on behalf of Movant League of United Latin American Citizens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Sofia Fernandez Gold on behalf of Movant League of United Latin American Citizens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Timothy James Ford on behalf of Amicus League of United Latin American Citizens. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

REPLY to Response to Motion re: 25 MOTION to Dismiss for Failure to State a Claim filed by Adrian Fontes. (Hartman-Tellez, Karen) (Entered: 03/20/2026)

Remark: Pro hac vice motion(s) granted for Justin Y Lam on behalf of Amicus Brennan Center for Justice at NYU School of Law. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP)

Remark re Pro Hac Vice Motion

MOTION to File Amicus Curiae by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (Attachments: # 1 Proposed Order)(Nimlo, Lilian) (Entered: 04/08/2026)

1 Proposed Order

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LODGED Proposed Brief of Amici Curiae Common Cause, Shannon Roivas, Caleb D. Trevino and Kara Janssen re: 40 MOTION to File Amicus Curiae . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (Nimlo, Lilian) (Entered: 04/08/2026)

ORDER granting 27, 29, 31, 33, 36, 40 Motions to File Amicus Curiae. The Clerk shall file Docs. 30, 34, 38 and 41 . Signed by Judge Susan M Brnovich on 4/13/26. (DXD) (Entered: 04/14/2026)

AMICUS BRIEF re: 42 Order by Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen B. Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran. (DXD) (Entered: 04/14/2026)

AMICUS BRIEF re: 42 Order by California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, District of Columbia, Hawaii, State of, Maine, State of, Maryland, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, New York, State of, Oregon, State of, Rhode Island, State of, Vermont, State of, Washington, State of. (DXD) (Entered: 04/14/2026)

AMICUS BRIEF re: 42 Order by League of United Latin American Citizens. (DXD) (Entered: 04/14/2026)

AMICUS BRIEF re: 42 Order by Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (DXD) (Entered: 04/14/2026)

ORDER granting 21 Motion to Withdraw as Attorney. Attorney David Andrew Gaona is relieved of any further responsibilities in connection with this action. Signed by Judge Susan M Brnovich on 4/13/26. (DXD) (Entered: 04/14/2026)

*AMENDED by (Doc. 50 ) ORDER granting Secretary Fontes' Motion to Dismiss (Doc. 25 ) and dismissing the case. FURTHER ORDERED directing the Clerk of Court to enter final judgment and terminate this case. Signed by Judge Susan M Brnovich on 4/28/26. (EJA) Modified on 4/28/2026 (EJA). (Entered: 04/28/2026)

*AMENDED by (Doc. 51 ) CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed April 28, 2026, final judgment is entered. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (EJA) Modified on 4/28/2026 (EJA). (Entered: 04/28/2026)

AMENDED ORDER granting Secretary Fontes' Motion to Dismiss (Doc. 25 ) and dismissing the case. FURTHER ORDERED directing the Clerk of Court to enter final judgment and terminate this case. Signed by Judge Susan M Brnovich on 4/28/26. (EJA) (Entered: 04/28/2026)

AMENDED CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed April 28, 2026, final judgment is entered. Plaintiff to take nothing, and the complaint and action are hereby dismissed. (EJA) (Entered: 04/28/2026)

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 50 Order, 51 Clerks Judgment by United States of America. (Hauenschild, Jonathon) (Entered: 06/03/2026)

USCA Case Number re: 52 Notice of Appeal. Case number 26-3609, Ninth Circuit. (EJA) (Entered: 06/04/2026)

NOTICE of Appearance by Tara R DeGeorge on behalf of Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (DeGeorge, Tara) (Entered: 06/18/2026)

NOTICE of Appearance by Ahmed Soussi on behalf of Common Cause, Kara Janssen, Shannon Roivas, Caleb D Trevino. (Soussi, Ahmed) (Entered: 06/18/2026)