Case: Reed v. Town of Gilbert

2:07-cv-00522 | U.S. District Court for the District of Arizona

Filed Date: March 8, 2007

Closed Date: Dec. 30, 2015

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Case Summary

The town of Gilbert, Arizona, enacted a town code that limited the number of signs churches could place announcing the time and place of their meetings. On March 8, 2007, Good New Presbyterian Church, represented by attorneys from the Alliance Defense Fund, challenged this code by filing this § 1983 action in the U.S. District Court for the District of Arizona. The plaintiffs alleged that the code violated the Free Speech Clause of the First Amendment because the code regulated signs based on the content of the speech. Specifically, the plaintiffs noted that the code allegedly afforded ideological and political signs more protections than signs for religious assemblies. Additionally, the plaintiffs alleged that the code violated the Equal Protection Clause of the Fourteenth Amendment because groups and individuals similarly situated to the Good News Presbyterian Church were allowed to display larger signs, more signs, signs without time limits, and signs that are not restricted to certain areas. The code violated the Free Exercise Clause of the First Amendment because the sign restrictions hindered the plaintiffs’ ability to invite others to their services, which was an instruction of their sincerely-held religious beliefs. The plaintiffs also alleged that the code violated the Arizona Religious Freedom Amendment because it penalized the exercise of religion by subject it to greater restrictions that were not applicable to other activities. Finally, the plaintiffs alleged that the code violated the Due Process Clause of the Fourteenth Amendment because the code did not define what would be considered an “ideological” sign and, thus, there was allegedly no warning or notice as to what would be considered an ideological sign. For these violations, the plaintiffs sought declaratory and injunctive relief.

On March 30, 2007, the plaintiffs moved for a preliminary injunction against the defendants that would keep them from enforcing the town code. On April 17, 2007, the defendants also moved for a preliminary injunction. The defendants stated that the parties stipulated to an injunction pending the outcome of the litigation and asked the district court to enter it. On May 9, 2007, the court entered the stipulated preliminary injunction.

On January 8, 2008, the town amended its code. The changes allowed event signs to be displayed for 12 hours before the event, stated that four signs per property were permitted, and permitted non-profit organizations to display signs in addition to religious assemblies. The plaintiffs filed an amended complaint that alleged that the amended sign code still violated Free Speech, Free Exercise, Equal Protection, and Arizona state law. The amended complaint no longer alleged that the town code violated the Due Process Clause of the Fourteenth Amendment.

Following the amendments, the plaintiffs moved for a second preliminary injunction that would enjoin the defendants from enforcing the amended code. The court denied the plaintiff’s motion for a second preliminary injunction on September 30, 2008. 2008 WL 11339947.

On October 27, 2008, the plaintiffs appealed the district court’s denial of their preliminary injunction to the Ninth Circuit.

On November 5, 2008 the defendants moved for summary judgment. However, on December 2, 2008, the district court ordered that the plaintiff’s response to the motion for summary judgment would be stayed until the Ninth Circuit ruled on plaintiff’s appeal.

On November 20, 2009, the Ninth Circuit upheld the district court’s denial of the second preliminary injunction. The Ninth Circuit held that the code was a content-neutral regulation that did not impermissible favor commercial speech over non-commercial speech. The Ninth Circuit then remanded the case to the district court to consider the plaintiff’s allegations that the code violated the First Amendment and Equal Protection Clause by favoring some noncommercial speech over other non-commercial speech. 587 F.3d 966.

The case then proceeded to discovery.

On August 27, 2010, both parties moved for summary judgment. On February 11, 2011, the district court granted the town of Gilbert’s motion for summary judgment stating that the Code did not violate the First Amendment’s Freedom of Speech because the code did not distinguish on the basis of the message. Additionally, the district court found that the code did not violate the Equal Protection Clause because the code did not regulate on the basis of content, “but rather to address legitimate concerns of safety and aesthetics.” The district court also found that the code did not violate the Free Exercise Clause because the code, while applying restrictions to qualifying event signs that were different from those applied to political and ideological signs, did not apply restrictions that were more restrictive. Additionally, the court noted that the qualifying event sign restrictions applied to both the plaintiffs and “any other non-profit wishing to direct the public to an event.” Finally, the district court found that the code did not violate Arizona state law because it did not compel the plaintiffs to do something in violation of their religious beliefs. 832 F.Supp.2d 1070.

On March 11, 2011, the plaintiffs appealed the district court’s decision to the Ninth Circuit.

On February 8, 2013, the Ninth Circuit affirmed the district court’s decision. The Ninth Circuit stated that the code was permissible, as there was no discrimination “among similar events or speakers” and that the treatment on the signs was content neutral. Additionally, the Ninth Circuit stated that the code did not violate the plaintiffs’ right to free exercise of religion or equal protection of the laws. 707 F.3d 1057.

The plaintiffs then petitioned for certiorari to the United States Supreme Court, and the Supreme Court granted certiorari on July 1, 2014. 573 U.S. 957.

The Supreme Court reversed the Ninth Circuit’s decision on June 18, 2015. The Supreme Court held that the signs were content based and, thus, the code must be subject to strict scrutiny. The Supreme Court found the code lacked narrow tailoring because the code was “hopelessly underinclusive” because of the greater flexibility it allowed ideological and political signs to operate with. As a result, the Supreme Court found the town code unconstitutional under the First Amendment. The Court then remanded to the district court consistent with the opinion. 135 S.Ct. 2218.

On December 30, 2015, the district court entered a permanent injunction with prejudice against the town from enforcing the code. No attorneys' fees were awarded and the case is now closed.

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Summary Authors

Cianan Lesley (2/26/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4132204/parties/reed-v-gilbert-town-of/

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bolton, Susan Ritchie (Arizona)

Attorney for Plaintiff

Bull, Benjamin W. (Arizona)

Cortman, David A. (Georgia)

Attorney for Defendant

Alvarado, Kim Seibert (Arizona)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bolton, Susan Ritchie (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

McKeown, M. Margaret (California)

Sotomayor, Sonia (District of Columbia)

Attorney for Plaintiff

Bull, Benjamin W. (Arizona)

Cortman, David A. (Georgia)

Tedesco, Jeremy D. (Arizona)

Attorney for Defendant

Alvarado, Kim Seibert (Arizona)

Faillace, Michael A. (Arizona)

Grasso, Robert Jr. (Arizona)

Hassan, Abdul Karim (Arizona)

Savrin, Phillip W. (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:07-cv-00522	Docket [PACER]	Dec. 30, 2015	Dec. 30, 2015 Docket
1 2:07-cv-00522	Complaint	March 8, 2007	March 8, 2007 Complaint
32 2:07-cv-00522	Amended Complaint	Feb. 12, 2008	Feb. 12, 2008 Complaint
72 2:07-cv-00522	COA Mandate and Opinion Affirming District Court's Decision U.S. Court of Appeals for the Ninth Circuit	Dec. 16, 2009	Dec. 16, 2009 Order/Opinion
117 2:07-cv-00522	Order Denying Plaintiffs' Motion for Summary Judgment	Feb. 11, 2011	Feb. 11, 2011 Order/Opinion 832 F.Supp.2d 832
2:07-cv-00522	COA Opinion U.S. Court of Appeals for the Ninth Circuit	Feb. 8, 2013	Feb. 8, 2013 Order/Opinion 707 F.3d 707
2:07-cv-00522	Supreme Court Opinion Reversing COA Judgment Supreme Court of the United States	June 18, 2015	June 18, 2015 Order/Opinion 135 S.Ct. 135

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Resources

Title	Description		External URL Date / External URL
Reed et al. v. Town of Gilbert, Arizona et al. Oyez	Clyde Reed, pastor of Good News Community Church (Good News), rented space at an elementary school in Gilbert, Arizona, and placed about 17 signs in the area announcing the time and location of Good …	June 18, 2015	June 18, 2015 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132204/reed-v-gilbert-town-of/

Last updated March 13, 2024, 3:02 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT, filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Civil Cover Sheet)(Tedesco, Jeremy) (Entered: 03/08/2007) 1 Civil Cover Sheet View on PACER	March 8, 2007	March 8, 2007 RECAP
2	Filing fee paid 03/09/07, receipt number PHX055418. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV07-522-PHX-MHB. Magistrate Election form attached. (Attachments: # 1 instructions)(entered by PEM) (Entered: 03/12/2007) 1 instructions View on PACER	March 8, 2007	March 8, 2007 PACER
3	Summons Issued as to Gilbert, Town of, Adam Adams. (Attachments: # 1 Adams)(entered by PEM) (Entered: 03/12/2007) 1 Adams View on PACER	March 12, 2007	March 12, 2007 PACER
4	MOTION for Admission Pro Hac Vice as to attorney David A Cortman on behalf of plaintiffs. (BAS, ) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
5	ORDER pursuant to General Order 05-25 granting 4 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. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
6	SUMMONS Returned Executed by Clyde Reed. Adam Adams served on 3/15/2007. (Tedesco, Jeremy) (Entered: 03/27/2007)	March 27, 2007	March 27, 2007 PACER
7	SUMMONS Returned Executed by Clyde Reed. Gilbert, Town of served on 3/15/2007. (Tedesco, Jeremy) (Entered: 03/27/2007)	March 27, 2007	March 27, 2007 PACER
8	MOTION for Preliminary Injunction and Supporting Memorandum of Law by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit Exhibits 1-5# 2 Exhibit Exhibit 6)(Tedesco, Jeremy) (Entered: 03/30/2007) 1 Exhibit Exhibits 1-5 View on PACER 2 Exhibit Exhibit 6 View on PACER	March 30, 2007	March 30, 2007 PACER
9	Defendants' ANSWER to Complaint by Gilbert, Town of, Adam Adams.(Alvarado, Kim) (Entered: 04/04/2007)	April 4, 2007	April 4, 2007 RECAP
10	DEMAND for Trial by Jury by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/04/2007)	April 4, 2007	April 4, 2007 PACER
11	STIPULATION to Extend Time to File Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/12/2007)	April 12, 2007	April 12, 2007 RECAP
12	MOTION for Preliminary Injunction by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/17/2007)	April 17, 2007	April 17, 2007 RECAP
13	Ordered that Clyde Reed, Good News Presbyterian Church show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 5/15/2007 04:30 PM before Judge Mary H Murguia. (Attachments: # 1 # 2)(MAP) (Entered: 04/23/2007)	April 23, 2007	April 23, 2007 PACER
14	Ordered that Town of Gilbert and Adam Adams show cause for failure to comply with LRCiv 3.8(a) before Judge Mary H Murguia. Show Cause Hearing set for 5/15/2007 04:30 PM before Judge Mary H Murguia. (Attachments: # 1 # 2)(MAP) (Entered: 04/23/2007)	April 23, 2007	April 23, 2007 PACER
15	Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 04/26/2007)	April 25, 2007	April 25, 2007 PACER
16	Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 04/26/2007)	April 25, 2007	April 25, 2007 PACER
17	MINUTE ORDER Pursuant to Local Rule 3.8(a), 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 Susan R. Bolton. All further pleadings/papers should now list the following COMPLETE case number: CV-07-522-PHX-SRB. FURTHER ORDERED vacating the Order to Show Cause hearings set for 5/15/07. (MAP) (Entered: 04/26/2007)	April 26, 2007	April 26, 2007 PACER
18	ORDER: Scheduling Conference set on 6/18/07 at 11:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 5/2/07. (MAW) (Entered: 05/02/2007)	May 2, 2007	May 2, 2007 PACER
19	ORDER ON STIPULATED PRELIMINARY INJUNCTION. ORDERED withdrawing 8 Plaintiffs' Motion for Preliminary Injunction; granting 12 Motion for Preliminary Injunction. Defendants shall be enjoined from enforcing Chapter I, 4.402(P) of Defendants' Land Development Code against Plaintiffs pending the outcome of this litigation; Plaintiffs shall not be required to give security pursuant to Fed.R.Civ.P. 65(d). Signed by Judge Susan R Bolton on 5/7/07.(TLJ) (Entered: 05/09/2007)	May 9, 2007	May 9, 2007 RECAP
20	STIPULATION re 18 Order, Set Hearings to Stay Discovery Deadlines by Clyde Reed. (Tedesco, Jeremy) (Entered: 05/11/2007)	May 11, 2007	May 11, 2007 PACER
21	ORDERED that discovery and all deadlines set in this Court's 5/2/07 Order setting Rule 16 Scheduling Conference are stayed until such time as the Town of Gilbert amends and adopts its sign ordinance; the Rule 16 conference set for 6/18/07 is vacated; and the parties must notify the Court regarding the status of settlement negotiations within 14 days of the Town of Gilbert's adoption of the new sign ordinance. Signed by Judge Susan R Bolton on 5/11/07. (TLJ) (Entered: 05/11/2007)	May 11, 2007	May 11, 2007 RECAP
22	NOTICE of Change of Address by Jeremy David Tedesco (Tedesco, Jeremy) (Entered: 01/10/2008)	Jan. 10, 2008	Jan. 10, 2008 PACER
23	MOTION to Amend/Correct re Verified Complaint by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1 - Proposed Amended Complaint, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 01/10/2008) 1 Exhibit 1 - Proposed Amended Complaint View on PACER 2 Text of Proposed Order View on PACER	Jan. 10, 2008	Jan. 10, 2008 PACER
24	LODGED Proposed Amended Verified Complaint re: 23 MOTION to Amend/Correct re Verified Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1-6)(Tedesco, Jeremy) (Entered: 01/10/2008) 1 Exhibit 1-6 View on PACER	Jan. 10, 2008	Jan. 10, 2008 PACER
25	Notice re Plaintiffs' Notice that Defendants' Amended Code Fails to Resolve This Case by Clyde Reed, Good News Presbyterian Church re 21 Order, Terminate Hearings,, (Tedesco, Jeremy) (Entered: 01/10/2008)	Jan. 10, 2008	Jan. 10, 2008 PACER
26	Second MOTION for Preliminary Injunction and Supporting Memorandum of Law by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibit 1-4, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 01/10/2008) 1 Exhibit 1-4 View on PACER 2 Text of Proposed Order View on PACER	Jan. 10, 2008	Jan. 10, 2008 PACER
27	STIPULATION re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law, 23 MOTION to Amend/Correct re Verified Complaint Stipulation To Extend Time To File Defendants Response to Plaintiffs Second Motion for Preliminary Injunction And Motion For Leave To File Amended Verified Complaint by Gilbert, Town of, Adam Adams. (Attachments: # 1 Text of Proposed Order Proposed Order)(Alvarado, Kim) (Entered: 01/15/2008) 1 Text of Proposed Order Proposed Order View on PACER	Jan. 15, 2008	Jan. 15, 2008 RECAP
28	ORDER granting 27 STIPULATION To Extend Time. IT IS HEREBY ORDERED that Defendants have until February 8, 2008, to respond to Plaintiffs' Second Motion for Preliminary Injunction and Motion for Leave to File Amended Verified Complaint. Signed by Judge Susan R Bolton on 1/16/08. (MAW) (Entered: 01/16/2008)	Jan. 16, 2008	Jan. 16, 2008 PACER
29	Notice re Defendants Notice of Non-Opposition To Plaintiffs Motion For Leave To File Amended Verified Complaint by Gilbert, Town of, Adam Adams re 23 MOTION to Amend/Correct re Verified Complaint (Alvarado, Kim) (Entered: 02/08/2008)	Feb. 8, 2008	Feb. 8, 2008 PACER
30	RESPONSE to Motion re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law Defendants Response To Plaintiffs Second Motion For Preliminary Injunction filed by Gilbert, Town of, Adam Adams. (Attachments: # 1 Exhibit Exhibit Index and Exhibit A)(Alvarado, Kim) (Entered: 02/08/2008) 1 Exhibit Exhibit Index and Exhibit A View on PACER	Feb. 8, 2008	Feb. 8, 2008 PACER
31	ORDER - IT IS ORDERED granting Plaintiffs' 23 Motion for Leave to File Amended Verified Complaint. Signed by Judge Susan R Bolton on 2/12/08.(SAT) (Entered: 02/12/2008)	Feb. 12, 2008	Feb. 12, 2008 PACER
32	FIRST AMENDED VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Gilbert, Town of, Adam Adams, filed by Clyde Reed, Good News Presbyterian Church. (Attachments: # 1 Exhibits) (SAT) Modified on 2/13/2008, DOCKET MODIFIED TO ADD Good News Community Church and TERMINATE Good News Presbyterian Church TO THIS CASE, (LSP). (Entered: 02/12/2008) 1 Exhibits View on PACER	Feb. 12, 2008	Feb. 12, 2008 PACER
33	REPLY to Response to Motion re 26 Second MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 02/15/2008)	Feb. 15, 2008	Feb. 15, 2008 PACER
34	ORDER: IT IS ORDERED setting Plaintiffs' Second Motion for Preliminary Injunction 26 for oral argument on Monday, March 24, 2008 at 11:00 a.m. in Courtroom 502, 401 West Washington Street, Phoenix, Arizona. Signed by Judge Susan R Bolton on 2/21/08. (MAW) (Entered: 02/21/2008)	Feb. 21, 2008	Feb. 21, 2008 PACER
35	ANSWER to 32 Amended Complaint, by Gilbert, Town of, Adam Adams.(Alvarado, Kim) (Entered: 02/27/2008)	Feb. 27, 2008	Feb. 27, 2008 RECAP
36	Minute Order: On the Court's Own Motion due to scheduling conflict, IT IS ORDERED resetting Hearing re: 26 Second MOTION for Preliminary Injunction IN TIME ONLY from 11:00 AM to 03:30 PM on 3/24/08 before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 03/14/2008)	March 14, 2008	March 14, 2008 PACER
37	Minute Entry. Proceedings held before Judge Susan R Bolton: Hearing held re: Plaintiffs' Second Motion for Preliminary Injunction. Argument presented. IT IS ORDERED directing counsel to file simultaneous memorandum (no responses to be filed) within 10 days of this date, not to exceed 5 pages, stating the discovery required for this case to proceed to the permanent injunction stage or whether the Court can enter a permanent injunction based on the pleadings filed by counsel. IT IS FURTHER ORDERED taking under advisement 26 Plaintiffs' Second Motion for Preliminary Injunction. (Court Reporter Kim Moll)(MAW) (Entered: 03/25/2008)	March 24, 2008	March 24, 2008 PACER
38	TRANSCRIPT DESIGNATION AND ORDER FORM by Good News Community Church, Clyde Reed for proceedings held on 03/24/2008 before Judge Susan R. Bolton. (Tedesco, Jeremy) (Entered: 03/31/2008)	March 31, 2008	March 31, 2008 PACER
39	MEMORANDUM re: Addressing Whether Discovery is Needed Prior to this Case Proceeding to the Permanent Injunction Stage re 37 Order on Motion for Preliminary Injunction, Motion Hearing,,,, by Plaintiffs Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 04/03/2008)	April 3, 2008	April 3, 2008 PACER
40	MEMORANDUM re: Defendants Memorandum Regarding Discovery For Permanent Injunction re 37 Order on Motion for Preliminary Injunction, Motion Hearing,,,, by Defendants Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008 PACER
41	TRANSCRIPT of Proceedings re: Hearing Regarding Plaintiffs' Second Motion for Preliminary Injunction held on 3/24/08 before Judge Susan R Bolton. Court Reporter: Kim R Moll. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/5/2008. (BAS, ) (Entered: 05/08/2008)	May 7, 2008	May 7, 2008 PACER
42	NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) (Entered: 05/08/2008)	May 8, 2008	May 8, 2008 PACER
43	ORDER denying Pla's Second 26 Motion for Preliminary Injunction. Signed by Judge Susan R Bolton on 09/30/08.(ESL) (Entered: 10/01/2008)	Sept. 30, 2008	Sept. 30, 2008 PACER
44	ORDER: Scheduling Conference set on 12/1/08 at 01:15 PM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 10/1/08. (MAW) (Entered: 10/01/2008)	Oct. 1, 2008	Oct. 1, 2008 PACER
45	NOTICE OF APPEAL to 9th Circuit, as to 43 Order on Motion for Preliminary Injunction by Good News Community Church, Clyde Reed. Filing fee received: $ 455.00, receipt number 09700000000002325156. (Tedesco, Jeremy) (Entered: 10/27/2008)	Oct. 27, 2008	Oct. 27, 2008 PACER
46	Representation Statement by Good News Community Church, Clyde Reed re 45 Notice of Appeal (Tedesco, Jeremy) (Entered: 10/27/2008)	Oct. 27, 2008	Oct. 27, 2008 PACER
47	APPEAL PROCESSED to Ninth Circuit re: 45 Notice of Appeal (Interlocutory/Preliminary Injunction) filed by Clyde Reed, Good News Community Church. Filed dates for: Notice of Appeal 10/27/2008, Complaint 3/8/2007, Appealed Order 9/30/2008*. Court Reporter Kim Moll 602-322-7252* Fee Status: Paid on 10/27/2008 in the amount of $455.00.***********. Appellant Attorney: Jeremy David Tedesco, Benjamin W. Bull, David A. Cortman* (ret) bbull@telladf.org, dcortman@telladf.org, jtedesco@telladf.org. Appellee Attorney: Kim Seibert Alvarado, Robert Grasso, Jr. (ret) kalvarado@grassolawfirm.com, rgrasso@grassolawfirm.com** (LAD) (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 PACER
48	CADS Sent re 45 Notice of Appeal: Civil Appeals docketing sent to 9th Circuit on this date. (LAD) (Entered: 10/29/2008)	Oct. 29, 2008	Oct. 29, 2008 PACER
49	Ninth Circuit Case Number 08-17384 for 45 Notice of Appeal. (ESL, ) (Entered: 10/31/2008)	Oct. 31, 2008	Oct. 31, 2008 PACER
50	ORDER of 9th Circuit, this is a preliminary injunction appeal, Ninth Circuit Rule 3-3 shall apply; if they have not already done so, within 7 calendar days the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal; remaining briefing schedule set; if appellants fail to timely file the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute, re: 08-17384 45 Notice of Appeal (REW, ) (Entered: 11/03/2008)	Nov. 3, 2008	Nov. 3, 2008 PACER
51	MOTION for Summary Judgment by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 11/05/2008)	Nov. 5, 2008	Nov. 5, 2008 RECAP
52	STATEMENT of Defendants' Statement of Facts in Support of Motion for Summary Judgment re 51 MOTION for Summary Judgment by Defendants Gilbert, Town of, Adam Adams. (Attachments: # 1 Exhibit Exhibit A to Defendants' Statement of Facts in Support of Motion for Summary Judgment)(Alvarado, Kim) (Entered: 11/05/2008) 1 Exhibit Exhibit A to Defendants' Statement of Facts in Support of Motion fo View on PACER	Nov. 5, 2008	Nov. 5, 2008 PACER
53	MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 11/06/2008) 1 Text of Proposed Order View on PACER	Nov. 6, 2008	Nov. 6, 2008 PACER
54	RESPONSE to Motion re 53 MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law Defendants Response To Plaintiffs Motion To Stay Proceedings Pending Resolution Of Appeal filed by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 11/17/2008)	Nov. 17, 2008	Nov. 17, 2008 PACER
55	NOTICE of Change of Address by Kim Seibert Alvarado (Alvarado, Kim) (Entered: 11/18/2008)	Nov. 18, 2008	Nov. 18, 2008 PACER
56	REPLY in Support re 53 MOTION to Stay re Proceedings Pending Resolution of Appeal and Supporting Memorandum of Law filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 11/20/2008)	Nov. 20, 2008	Nov. 20, 2008 PACER
57	REPORT re: Rule 26(f) Planning Meeting by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 11/21/2008)	Nov. 21, 2008	Nov. 21, 2008 PACER
58	MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law by Good News Community Church, Clyde Reed. (Attachments: # 1 Exhibit 1-3, # 2 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 11/24/2008) 1 Exhibit 1-3 View on PACER 2 Text of Proposed Order View on PACER	Nov. 24, 2008	Nov. 24, 2008 RECAP
59	STIPULATION re 51 MOTION for Summary Judgment to Stay Plaintiffs' Due Date for Response to Defendants' Motion for Summary Judgment Until After This Court Rules on Plaintiffs' Rule 56(f) Motion by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 12/01/2008) 1 Text of Proposed Order View on PACER	Dec. 1, 2008	Dec. 1, 2008 PACER
60	Minute Entry. Proceedings held before Judge Susan R Bolton: Scheduling Conference held on 12/1/08. For reasons as stated on the record, IT IS ORDERED denying Plaintiff's Motion to Stay Pending Resolution of Appeal 53 . Deadlines discussed and entered. Scheduling Order to follow. A copy of the Joint Proposed Pretrial Order is provided to counsel this date. (Court Reporter Kim Moll)(MAW) (Entered: 12/02/2008)	Dec. 1, 2008	Dec. 1, 2008 PACER
61	DOCUMENT 61 VACATED PURSUANT TO ORDER 71 FILED 12/24/08. SCHEDULING ORDER: Discovery due by 4/24/09. Dispositive motions due by 5/29/09. Proposed Pretrial Order due by 10/26/09. Final Pretrial Conference set on 11/2/09 at 10:30 AM before Judge Susan R Bolton. Jury Trial set on 11/10/09 at 09:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 12/2/08. (MAW) Modified on 12/24/2008 (DNH). (Entered: 12/02/2008)	Dec. 2, 2008	Dec. 2, 2008 PACER
62	ORDER granting 59 Stipulation of the Parties. IT IS HEREBY ORDERED that the due date for Plaintiffs' response to Defendants' summary judgment motion is stayed until this Court rules on Plaintiffs' pending Fed.R.Civ.Pro. 56(f) motion. The parties shall file a stipulation regarding an agreed to briefing schedule in relation to Defendants' summary judgment motion within 5 business days of the entry of this Court's ruling on Plaintiffs' Rule 56(f) motion. Signed by Judge Susan R Bolton on 12/2/08. (MAW) (Entered: 12/02/2008)	Dec. 2, 2008	Dec. 2, 2008 PACER
63	Notice re Notice Of Service Of Defendants Initial Rule 26(a)(1) Disclosure Statement by Gilbert, Town of, Adam Adams (Alvarado, Kim) (Entered: 12/04/2008)	Dec. 4, 2008	Dec. 4, 2008 PACER
64	Notice re Service of Plaintiffs' Fed. R. Civ. P. 26(a) Initial Disclosures by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 12/08/2008)	Dec. 8, 2008	Dec. 8, 2008 PACER
65	Notice re Service of Plaintiffs' First Set of Interrogatories and First Set of Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 12/11/2008)	Dec. 11, 2008	Dec. 11, 2008 PACER
66	RESPONSE to Motion re 58 MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law MOTION for Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Defendants' Motion for Summary Judgment with Supporting Memorandum of Law Defendants Response To Plaintiffs Motion Pursuant to Fed. R. Civ. P. 56(f) For Relief From Defendants Motion For Summary Judgment filed by Gilbert, Town of, Adam Adams. (Alvarado, Kim) (Entered: 12/12/2008)	Dec. 12, 2008	Dec. 12, 2008 PACER
67	Notice re Defendants Notice Of Correction by Gilbert, Town of, Adam Adams re 30 Response to Motion, (Alvarado, Kim) (Entered: 12/16/2008)	Dec. 16, 2008	Dec. 16, 2008 PACER
68	WITHDRAWAL OF DOCUMENT Of Dfts' Motion For Summary Judgment And Statement Of Facts by Gilbert, Town of, Adam Adams re 51 MOTION for Summary Judgment, 52 Statement, (Alvarado, Kim) Modified on 12/17/2008 (LAD,). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO WITHDRAWAL OF DOCUMENT. (Entered: 12/16/2008)	Dec. 16, 2008	Dec. 16, 2008 PACER
69	ORDER that 51 Defendants' Motion for Summary Judgment and 52 Statement of Fact are withdrawn. IT IS THEREFORE ORDERED denying as moot 58 Plaintiffs' Motion for Relief from Defendants' Motion for Summary Judgment. Signed by Judge Susan R Bolton on 12/17/08.(LSP) (Entered: 12/17/2008)	Dec. 17, 2008	Dec. 17, 2008 PACER
70	STIPULATION to Stay District Court Proceedings While Plaintiffs Pursue Appeal by Good News Community Church, Clyde Reed. Gilbert, Town of and Adam Adams. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) Modified on 12/19/2008 (LAD). DOCKET TEXT MODIFIED TO REFLECT ADDITIONAL FILERS. (Entered: 12/18/2008) 1 Text of Proposed Order View on PACER	Dec. 18, 2008	Dec. 18, 2008 PACER
71	ORDER pursuant to 70 Stipulation: All proceedings in this Court are stayed until the Ninth Circuit Court of Appeals disposes of Plaintiffs' appeal of the Order denying their Second Motion for Preliminary Injunction. The Court's Rule 16 Scheduling Order 61 is hereby vacated. Signed by Judge Susan R Bolton on 12/23/08. (DNH) (Entered: 12/24/2008)	Dec. 24, 2008	Dec. 24, 2008 PACER
72	MANDATE of 9th Circuit affirming District Court decision in part and REMANDING in part re case number 08-17384, as to 45 Notice of Appeal. (Attachments: #(1) Opinion, #(2) NDA). (LSP) (Entered: 12/16/2009) 1 Opinion View on PACER 2 NDA View on PACER	Dec. 16, 2009	Dec. 16, 2009 PACER
73	Minute Order: The Mandate having issued in this matter, Status Conference set for 1/11/2010 at 09:00 AM before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/18/2009)	Dec. 18, 2009	Dec. 18, 2009 PACER
74	Minute Entry. Proceedings held before Judge Susan R Bolton: Status Conference held on 1/11/2010 re: 9th Circuit Court of Appeals' partial remand. Discussion held. Upon stipulation of counsel, the Court sets the following deadlines: discovery to be completed by May 28, 2010; dispositive motions are to be filed no later than June 25, 2010, with response due July 30, 2010; reply due August 20, 2010. The Court is advised that the request for Preliminary Injunction will not be renewed. (Court Reporter Elizabeth Lemke)(MAW) (Entered: 01/11/2010)	Jan. 11, 2010	Jan. 11, 2010 PACER
75	Notice re Service of Plaintiffs' First Set of Interrogatories and First Set of Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 01/19/2010)	Jan. 19, 2010	Jan. 19, 2010 PACER
76	Notice re Service Of Defendants Requests For Admissions, Interrogatories, And Requests For Production Of Documents To Plaintiffs by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 01/21/2010)	Jan. 21, 2010	Jan. 21, 2010 PACER
77	Notice re Service of Defendants' First Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 01/22/2010)	Jan. 22, 2010	Jan. 22, 2010 PACER
78	Notice re Notice Of Service Of Defendants Response to Plaintiffs First Set of Interrogatories And First Set Of Requests For Production Of Documents by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 02/22/2010)	Feb. 22, 2010	Feb. 22, 2010 PACER
79	Notice re Service of Plaintiffs' Responses to Defendants' Requests for Admissions, Interrogatories, and Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 03/05/2010)	March 5, 2010	March 5, 2010 PACER
80	Notice re Service of Defendants' Second Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 04/21/2010)	April 21, 2010	April 21, 2010 PACER
81	NOTICE of Deposition of Clyde Reed, filed by Adam Adams, Gilbert, Town of. (Alvarado, Kim) (Entered: 04/28/2010)	April 28, 2010	April 28, 2010 PACER
82	NOTICE of Deposition of Karen Coats, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)	May 4, 2010	May 4, 2010 PACER
83	NOTICE of Deposition of Steve Wallace, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)	May 4, 2010	May 4, 2010 PACER
84	NOTICE of Deposition of Adam Adams, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)	May 4, 2010	May 4, 2010 PACER
85	NOTICE of Deposition of Michael Milillo, filed by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 05/04/2010)	May 4, 2010	May 4, 2010 PACER
86	NOTICE of Deposition of Clyde Reed, filed by Adam Adams, Gilbert, Town of. (Alvarado, Kim) (Entered: 05/05/2010)	May 5, 2010	May 5, 2010 PACER
87	Notice re Service of Plaintiffs' Supplemental Responses to Defendants' Requests for Admissions, Interrogatories, and Requests for Production of Documents by Good News Community Church, Clyde Reed (Tedesco, Jeremy) (Entered: 05/07/2010)	May 7, 2010	May 7, 2010 PACER
88	STIPULATION /JOINT MOTION TO MODIFY BRIEFING SCHEDULE by Adam Adams, Gilbert, Town of. (Attachments: # 1 Text of Proposed Order)(Alvarado, Kim) (Entered: 05/21/2010) 1 Text of Proposed Order View on PACER	May 21, 2010	May 21, 2010 PACER
89	ORDER - Upon 88 Stipulation of the parties, IT IS ORDERED that the parties shall follow the following briefing schedule: 7/23/2010, Deadline to file Dispositive motions; 8/27/2010, Deadline for Response to Dispositive motions; and 9/17/2010, Deadline for Replies to Dispositive motions. Signed by Judge Susan R Bolton on 5/24/10. (SAT) (Entered: 05/24/2010)	May 24, 2010	May 24, 2010 PACER
90	Notice re Service of Defendants Fourth Supplemental Rule 26(a)(1) Disclosure Statement by Adam Adams, Gilbert, Town of (Alvarado, Kim) (Entered: 06/08/2010)	June 8, 2010	June 8, 2010 PACER
91	STIPULATION Related to Plaintiffs' Claims Against the Original Sign Code by Good News Community Church, Clyde Reed. (Attachments: # 1 Text of Proposed Order)(Tedesco, Jeremy) (Entered: 07/15/2010) 1 Text of Proposed Order View on PACER	July 15, 2010	July 15, 2010 PACER
92	Joint MOTION for Extension of Time Briefing Schedule by Adam Adams, Gilbert, Town of. (Attachments: # 1 Text of Proposed Order)(Alvarado, Kim) (Entered: 07/15/2010) 1 Text of Proposed Order View on PACER	July 15, 2010	July 15, 2010 PACER
93	ORDER pursuant to 91 Stipulation related to plaintiffs' claims againt the original sign code: Plaintiffs will not pursue any of the relief requested in the Prayer for Relief in their Amended Verified Complaint against the Town of Gilbert's Sign Code as it existed at the time this lawsuit was commenced ("the Original Code"). Within 30 days of the entry of this Stipulated Order, Defendants will pay Plaintiffs $1.00 in satisfaction of their request for nominal damages, and $16,380.00 in satisfaction of their request for attorneys' fees and costs, in relation to their claims against the Original Code. This Order does not affect Plaintiffs' claims and the Town Defendants' defenses related to the Amended Code. Signed by Judge Susan R Bolton on 7/19/10. (DMT) (Entered: 07/19/2010)	July 19, 2010	July 19, 2010 PACER
94	ORDER granting 92 Joint Motion for Extension of Time Dispositive motions due by 8/27/2010. Signed by Judge Susan R Bolton on 7/19/10. (see order for full details)(DMT) (Entered: 07/19/2010)	July 19, 2010	July 19, 2010 PACER
95	NOTICE re Satisfaction Of Payment Terms Of Stipulated Order (Dkt. No. 93) by Adam Adams, Gilbert, Town of re 93 Order on Stipulation,,,. (Alvarado, Kim) (Entered: 08/16/2010)	Aug. 16, 2010	Aug. 16, 2010 PACER
96	NOTICE re Service of Plaintiffs' First Supplemental Fed. R. Civ. P. 26(a) Initial Disclosures by Good News Community Church, Clyde Reed. (Tedesco, Jeremy) (Entered: 08/24/2010)	Aug. 24, 2010	Aug. 24, 2010 PACER
97	Cross MOTION for Summary Judgment by Adam Adams, Gilbert, Town of. (Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable (REW). (Entered: 08/27/2010)	Aug. 27, 2010	Aug. 27, 2010 RECAP
98	Separate STATEMENT of Facts In Support of Defendants' Cross-Motion for Summary Judgment re 97 Cross MOTION for Summary Judgment by Defendants Adam Adams, Gilbert, Town of. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit A, Exhibit 1, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Errata E, # 8 Exhibit F, # 9 Exhibit G)(Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable (REW). (Entered: 08/27/2010) 1 Exhibit Index View on PACER 2 Exhibit A View on PACER 3 Exhibit A, Exhibit 1 View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Errata E View on PACER 8 Exhibit F View on PACER 9 Exhibit G View on PACER	Aug. 27, 2010	Aug. 27, 2010 PACER
99	Joint Stipulated STATEMENT of Facts in Support of Cross-Motions for Summary Judgment re 97, 100 Cross MOTIONS for Summary Judgment by Defendants Adam Adams, Gilbert, Town of, Plaintiffs Good News Community Church, Good News Presbyterian Church, Clyde Reed. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Alvarado, Kim) Modified on 8/30/2010 CORRECTION: not text searchable; linkage added (REW). (Entered: 08/27/2010) 1 Exhibit Index View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	Aug. 27, 2010	Aug. 27, 2010 PACER
100	MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Good News Community Church, Clyde Reed. (Attachments: # 1 Exhibit 1 - Deposition of Michael Milillo, # 2 Exhibit 2 - Deposition of Karen Coats, # 3 Exhibit 3 - Deposition of Adam Adams, # 4 Exhibit 4 - Deposition of Steve Wallace, # 5 Exhibit 5 - Builder Permits for Weekend Directional Signs, # 6 Exhibit 6 - Deposition of Clyde Reed)(Tedesco, Jeremy) (Entered: 08/27/2010) 1 Exhibit 1 - Deposition of Michael Milillo View on PACER 2 Exhibit 2 - Deposition of Karen Coats View on PACER 3 Exhibit 3 - Deposition of Adam Adams View on PACER 4 Exhibit 4 - Deposition of Steve Wallace View on PACER 5 Exhibit 5 - Builder Permits for Weekend Directional Signs View on PACER 6 Exhibit 6 - Deposition of Clyde Reed View on PACER	Aug. 27, 2010	Aug. 27, 2010 RECAP