Case: Torres v. Goddard

2:06-cv-02482 | U.S. District Court for the District of Arizona

Filed Date: Oct. 18, 2006

Closed Date: July 17, 2018

Clearinghouse coding complete

Case Summary

This case is one of a pair of lawsuits filed against the Arizona Attorney General to challenge his practice of seizing money wire transferred to Mexico through Western Union. In an attempt to curtail the smuggling of undocumented immigrants by trafficking organizations (known as "coyotes") from Mexico to Arizona, the Arizona Attorney General had obtained warrants and seized millions of dollars of money that was wire transferred to Mexico. The Attorney General focused on amounts over $500, which…

This case is one of a pair of lawsuits filed against the Arizona Attorney General to challenge his practice of seizing money wire transferred to Mexico through Western Union. In an attempt to curtail the smuggling of undocumented immigrants by trafficking organizations (known as "coyotes") from Mexico to Arizona, the Arizona Attorney General had obtained warrants and seized millions of dollars of money that was wire transferred to Mexico. The Attorney General focused on amounts over $500, which were believed to have been sent as payments to Mexican smugglers who had transported people or drugs into Arizona.

On October 18, 2006, three individuals who claimed they had transferred money through Western Union for legitimate purposes but had their money seized by authorities brought this putative class-action lawsuit in the U.S. District Court for the District of Arizona. They brought the complaint under 42 U.S.C. § 1983, alleging that the seizures violated their rights secured by the Fourth and Fourteenth Amendments and the Commerce Clause of the United States Constitution. They sought declaratory and injunctive relief, as well as money damages. The case was assigned to Judge Stephen M. McNamee.

Plaintiffs' complaint was subsequently amended twice, but the substantive claims remained the same.

Subsequently, plaintiffs filed a Motion for Class Certification. On March 31, 2010, the court denied plaintiffs' motion for class certification, Torres v. Goddard, No. CV 06-2482-PHX-SMM, 2010 WL 3023272 (D. Ariz. July 30, 2010), and the Court of Appeals for the Ninth Circuit then denied plaintiffs' permission to immediately appeal the court's ruling.

Plaintiffs filed a motion for summary judgment and defendants' filed a cross-motion for summary judgment. On September 4, 2012, the court granted defendants' motion, finding that defendants were entitled to absolute immunity. Torres v. Horne, No. CV-06-2482-PHX-SMM, 2012 WL 3818974 (D. Ariz. Sept. 4, 2012). The case was therefore dismissed.

Plaintiffs then appealed to the Court of Appeals for the Ninth Circuit [Docket Number: 12-17096]. On July 15, 2016, the panel affirmed in part and reversed in part the district court’s summary judgment. The panel was made up of Judge Stephen Reinhardt, Judge Alex Kozinski, and Judge Jay S. Bybee. The Ninth Circuit found that, although defendants did have qualified immunity in regard to some actions, they did not have absolute immunity over all of their actions. The case was remanded back to the district court. Torres v. Goddard, 793 F.3d 1046 (9th Cir. 2015)

On July 1, 2016, the district court ruled in favor of defendants again, holding that defendants had qualified immunity for the acts for which they did not have absolute immunity, and dismissed the case. Torres v. Goddard, 194 F. Supp. 3d 886 (D. Ariz. 2016). Plaintiffs once more appealed the case to the Court of Appeals for the Ninth Circuit.

On June 25, 2018, the Ninth Circuit affirmed the district court’s opinion. Due to Judge Reinhardt’s death and Judge Kozinski’s retirement, the panel was made up of Judge Jacqueline Nguyen, Judge John Owens, and Judge Jay S. Bybee. Torres v. Goddard, No. 16-16315, 2018 WL 3099433 (9th Cir. June 25, 2018). This opinion was filed with the District Court on July 17, 2018, and the case closed without appeal.

Summary Authors

Dan Dalton (9/17/2007)

Jennifer Bronson (11/27/2013)

Rebecca Strauss (7/18/2018)

Related Cases

Western Union Financial Services, Inc. v. Goddard, District of Arizona (2006)

In the Matter of: Monies Described in Appendix One to the Supporting Affidavit, Arizona state trial court (2006)

State ex rel. Goddard v. Western Union Financial Services, Inc., Arizona state trial court (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4679788/parties/torres-v-horne/


Judge(s)
Attorney for Plaintiff

Bass Ehler, Karyn L. (Illinois)

Berger-White, Juliet (Illinois)

Cabou, Jean-Jacques (Arizona)

Eckstein, Timothy Joel (Arizona)

Attorney for Defendant

Correa, Paul (Arizona)

Documents in the Clearinghouse

Documents in this case

2:06-cv-02482

Civil Docket for Case #: 2:06-cv-02482-SMM

Torres v. Horne

July 17, 2018

July 17, 2018

Docket
1

2:06-cv-02482

Complaint

Oct. 18, 2006

Oct. 18, 2006

Complaint
32

2:06-cv-02482

Order

Jan. 10, 2007

Jan. 10, 2007

Order/Opinion

2007 U.S.Dist.LEXIS 2341

53

2:06-cv-02482

Order

July 12, 2007

July 12, 2007

Order/Opinion
141

2:06-cv-02482

Second Amended Complaint

Sept. 8, 2008

Sept. 8, 2008

Complaint
183

2:06-cv-02482

Memorandum of Decision and Order (Denying Plantiffs' Motion for Class Certification)

March 30, 2010

March 30, 2010

Order/Opinion
261

2:06-cv-02482

Memorandum of Decision and Order (Granting Defendants' Cross-Motion for Summary Judgment and Denying Plaintiffs Motion for Summary Judgment)

Torres v. Horne

Sept. 4, 2012

Sept. 4, 2012

Order/Opinion

2012 WL 3818974

56

12-17096

2:06-cv-02482

Opinion

U.S. Court of Appeals for the Ninth Circuit

Aug. 10, 2015

Aug. 10, 2015

Order/Opinion

793 F.3d 1046

284

2:06-cv-02482

Memorandum of Decision and Order

June 29, 2016

June 29, 2016

Order/Opinion

194 F.Supp.3d 886

47-1

16-16315

2:06-cv-02482

Memorandum

U.S. Court of Appeals for the Ninth Circuit

June 25, 2018

June 25, 2018

Order/Opinion

739 Fed.Appx. 392

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4679788/torres-v-horne/

Last updated April 6, 2025, 11:14 a.m.

ECF Number Date Description Link
1 Oct. 18, 2006

COMPLAINT, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Civil Cover Sheet)(Eckstein, Timothy) (Entered: 10/18/2006)

PACER
3 Oct. 18, 2006

Filing fee paid 10/18/06, receipt number PHX049518. This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CV06-2482-PHX- MEA. Magistrate Election form attached. (Attachments: # 1 Instructions) (ESL) (Entered: 10/18/2006)

PACER
4 Oct. 19, 2006

Summons Issued as to Terry Goddard, Cameron Holmes. (Attachments: # 1 Holmes)(PEM) (Entered: 10/19/2006)

PACER
6 Oct. 19, 2006

ORDER pursuant to General Order 05-25 granting 5 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: 10/19/2006)

PACER
7 Oct. 19, 2006

MOTION for Admission Pro Hac Vice as to attorney Mary M Rowland on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

PACER
8 Oct. 19, 2006

ORDER pursuant to General Order 05-25 granting 7 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: 10/19/2006)

PACER
9 Oct. 19, 2006

MOTION for Admission Pro Hac Vice as to attorney Alex R Montgomery on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

PACER
10 Oct. 19, 2006

ORDER pursuant to General Order 05-25 granting 9 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: 10/19/2006)

PACER
11 Oct. 19, 2006

MOTION for Admission Pro Hac Vice as to attorney Patrick M O'Brien on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 10/19/2006)

PACER
12 Oct. 19, 2006

ORDER pursuant to General Order 05-25 granting 11 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: 10/19/2006)

PACER
14 Nov. 6, 2006

NOTICE of Appearance by Michael H Hinson on behalf of all defendants (Hinson, Michael) (Entered: 11/06/2006)

PACER
15 Nov. 6, 2006

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT - TO FILE RESPONSIVE PLEADING by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order Extending Time to File Responsive Pleading)(Hinson, Michael) Modified on 11/7/2006 (DNH, ). INCORRECT PDF ATTACHED, ATTORNEY NOTICED TO REFILE. (Entered: 11/06/2006)

PACER
19 Nov. 6, 2006

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 11/14/2006)

PACER
16 Nov. 7, 2006

NOTICE TO FILER OF DEFICIENCY re 15 Stipulation For Extension of Time To Answer Complaint filed by Cameron Holmes,, Terry Goddard,. Description of deficiency: Incorrect PDF attached - duplicated Proposed Order attached. (DNH) (Entered: 11/07/2006)

PACER
17 Nov. 7, 2006

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT - File Responsive Pleading by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order Extending Time to File Responsive Pleading)(Hinson, Michael) (Entered: 11/07/2006)

PACER
18 Nov. 8, 2006

ORDER that dfts shall each execute and file within 20 days of the entry of this order their written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Judge Mark E Aspey on 11/8/06. (TLJ) (Entered: 11/08/2006)

PACER
21 Nov. 9, 2006

Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: 11/14/2006)

PACER
20 Nov. 14, 2006

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 to by random draw to Judge Paul G. Rosenblatt. All further pleadings should now list the following COMPLETE case number: CIV-06-2482-PHX-PGR. (MAP) (Entered: 11/14/2006)

PACER
23 Nov. 17, 2006

Notice re Notice of Filing Motion to Transfer Case by Javier Torres, Alma Santiago, Lia Rivadeneyra (Attachments: # 1 Exhibit Motion to Transfer# 2 Exhibit Exhibit A to Motion# 3 Exhibit B to the Motion# 4 Exhibit C to the Motion)(Rowland, Mary) (Entered: 11/17/2006)

PACER
24 Nov. 20, 2006

MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 11/20/2006)

PACER
25 Nov. 20, 2006

MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Order for Open Extension of Time to Respond to Allegations of Plaintiffs' Complaint Not Addressed By Defendants' Rule 12(b)(6) Motion to Dismiss)(Hinson, Michael) (Entered: 11/20/2006)

PACER
26 Dec. 1, 2006

ORDERED granting 25 & 26 Defendants' Motion to Transfer Related Case and Plaintiffs' Motion to Transfer Related Case. ORDERED that the Clerk of Court shall provide a copy of this Order to counsel of record in each of the following cases: CV 06-2249-PHX-SMM and CV 06-2482-PHX-PGR. ORDERED that the Clerk of Court shall provide a copy of this Order to United States District Judge Paul G. Rosenblatt. Judge Stephen M McNamee added. Judge Paul G Rosenblatt no longer assigned to case. Signed by Judge Stephen M McNamee on 11/29/06. (TLJ) (Entered: 12/01/2006)

PACER
27 Dec. 5, 2006

RESPONSE in Opposition re 25 MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 12/05/2006)

PACER
28 Dec. 7, 2006

RESPONSE in Opposition re 24 MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted Plaintiffs' Response in Opposition to Defendants Terry Goddard and Cameron Holmes' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claim for Monetary Relief filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A)(Piers, Matthew) (Entered: 12/07/2006)

PACER
30 Dec. 15, 2006

REPLY in Support re 25 MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss MOTION for Extension of Time to File Answer --Respond to Allegations of Plaintiffs' Complaint Not Addressed by Defendants' Rule 12(b)(6) Motion to Dismiss filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 12/15/2006)

PACER
31 Dec. 20, 2006

ORDER granting re 29 Stipulation and the defendants shall have through 1/10/07 to file their reply memorandum. Signed by Judge Stephen M McNamee on 12/20/06. (TLJ)

RECAP
32 Jan. 10, 2007

ORDERED granting 25 Defendant's Motion for Extension of Time. ORDERED that Defendants shall file an answer to the entire Complaint within 10 days after notice of the Court's ruling on Defendant's Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims for Monetary Relief 24 . Signed by Judge Stephen M McNamee on 1/10/07.(TLJ)

RECAP
33 Jan. 10, 2007

REPLY in Support re 24 MOTION to Dismiss Counts/Claims : for monetary relief, due to failure to state a claim upon which relief can be granted filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 01/10/2007)

PACER
34 Jan. 23, 2007

OTHER NOTICE re: Notice of State Court's Order in SW2006-002213 by Plaintiffs Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A)(Piers, Matthew) Modified on 1/24/2007 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM SUPPLEMENT TO OTHER NOTICE. (Entered: 01/23/2007)

PACER
35 Jan. 24, 2007

NOTICE TO FILER OF DEFICIENCY re 34 Supplement filed by Alma Santiago, Lia Rivadeneyra, Javier Torres. Description of deficiency: Incorrect document type selected. (TLJ) (Entered: 01/24/2007)

PACER
36 Feb. 9, 2007

OBJECTION re 34 Supplement, and Motion to Strike Plaintiffs' Notice of State Court's Order in SW 2006-002213 by Defendants Terry Goddard, Cameron Holmes. (Richards, William) (Entered: 02/09/2007) before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 4/30/2007. IT IS FURTHER ORDERED that the Clerk of the Court send copies of this Order to all counsel of record and to all parties, if any, appearing in propria persona. (TCA, ) (Entered: 04/30/2007)

PACER
38 May 2, 2007

MOTION for Admission Pro Hac Vice as to attorney Julliet Berger- White on behalf of Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 05/02/2007)

PACER
39 May 2, 2007

ORDER pursuant to General Order 05-25 granting 38 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: 05/02/2007)

PACER
May 2, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX057438 as to Juliet Berger-White. (BAS, ) (Entered: 05/02/2007)

PACER
40 May 7, 2007

MOTION TO WITHDRAW AS ATTORNEY re PLAINTIFFS' MOTION TO WITHDRAW APPEARANCE OF PATRICK M. O'BRIEN AND ALEX R. MONTGOMERY by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) Modified on 5/8/2007 (TLJ). INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM MOTION TO WITHDRAW TO MOTION TO WITHDRAW AS ATTORNEY. (Entered: 05/07/2007)

PACER
41 May 8, 2007

NOTICE TO FILER OF DEFICIENCY re 40 MOTION to Withdraw re PLAINTIFFS' MOTION TO WITHDRAW APPEARANCE OF PATRICK M. O'BRIEN AND ALEX R. MONTGOMERY filed by Alma Santiago, Lia Rivadeneyra, Javier Torres. Description of deficiency: Incorrect event type selected. (TLJ) (Entered: 05/08/2007)

PACER
42 May 9, 2007

ORDER granting 40 Plaintiffs' Motion to Withdraw Appearance of Patrick M. O'Brien and Alex R. MontgomerySigned by Judge Stephen M McNamee on 5/9/07.(TLJ)

RECAP
43 May 10, 2007

OBJECTION re 37 Order, Set Hearings,, Objection to Setting of Rule 16(b) Comprehensive Scheduling Conference/Request to Vacate Order Requiring Joint Case Management Plan by Defendants Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 05/10/2007)

PACER
45 May 15, 2007

IT IS ORDERED granting Defendants' 43 Objection and 44 Motion to Vacate. IT IS FURTHER ORDERED that the Preliminary Pretrial Conference set for 5/30/07 will now be treated as a Status Hearing. IT IS FURTHER ORDERED granting out-of-state counsel the option to appear by telephone at the 5/30/07 Status Hearing. Signed by Judge Stephen M McNamee on 5/14/07.(TLJ)

RECAP
46 May 30, 2007

Minute Entry. Proceedings held before Judge Stephen M McNamee : Apr. Matthew Piers/Jean-Jacques Cabou for plas, William Richards/Michael Goodwin for dftsStatus Conference held on 5/30/2007 re: pending motion to dismiss. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 05/30/2007)

PACER
47 June 4, 2007

FIRST AMENDED COMPLAINT against Defendants Terry Goddard and Cameron Holmes; Jury Demand, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) Modified on 6/22/2007 (MAP). (Entered: 06/04/2007)

PACER
48 June 4, 2007

TRANSCRIPT DESIGNATION AND ORDER FORM by Javier Torres, Alma Santiago, Lia Rivadeneyra for Status Hearing proceedings held on 5/30/07 before Judge Stephen M McNamee. (BAS, ) (Entered: 06/05/2007)

PACER
49 June 5, 2007

TRANSCRIPT of Status Hearing Proceedings held on 5/30/07 before Judge Stephen M McNamee. Court Reporter: Gary Moll. (BAS, ) (Entered: 06/05/2007)

PACER
50 June 5, 2007

TRANSCRIPT DESIGNATION AND ORDER FORM by Terry Goddard, Cameron Holmes for status hearing proceedings held on 5/30/07 before Judge Stephen M McNamee. (BAS, ) (Entered: 06/08/2007)

PACER
51 June 21, 2007

ANSWER to Amended Complaint 47 with Jury Demand by Terry Goddard, Cameron Holmes. (Hinson, Michael) Modified on 6/22/2007 to correct docket link (MAP). (Entered: 06/21/2007)

PACER
52 July 10, 2007

ORDER Scheduling Conference set for 9/26/2007 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 7/10/2007. (TCA, ) (Entered: 07/10/2007)

PACER
53 July 12, 2007

ORDER denying 24 Defendants' Motion to Dismiss Plaintiffs' Claims for Monetary Relief. Signed by Judge Stephen M McNamee on 7/12/07.(TLJ, )

RECAP
54 July 12, 2007

MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 07/12/2007)

PACER
55 July 17, 2007

STIPULATION re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Granting Stipulation)(Richards, William) (Entered: 07/17/2007)

PACER
56 July 24, 2007

IT IS ORDERED granting the parties' Stipulated Motion to Extend Defendants' Deadline to Respond to Plaintiffs' Motion to Strike Certain of Defendants' Affirmative Defenses 55 . IT IS FURTHER ORDERED that Defendants shall have through 8/10/07, to file a response. Signed by Judge Stephen M McNamee on 7/23/07. (TLJ)

RECAP
57 Aug. 10, 2007

RESPONSE to Motion re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 08/10/2007)

PACER
58 Aug. 16, 2007

REPLY in Support re 54 MOTION to Strike re PLAINTIFFS' MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO STRIKE CERTAIN OF DEFENDANTS' AFFIRMATIVE DEFENSES filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Berger-White, Juliet) (Entered: 08/16/2007)

PACER
59 Sept. 18, 2007

MOTION for Joint Request That the Named Parties Be Excused From Appearing at the Preliminary Pretrial Conference by Terry Goddard, Cameron Holmes. (Attachments: # 1 Text of Proposed Order Excusing Named Parties From Appearing at the Preliminary Pretrial Conference)(Hinson, Michael) (Entered: 09/18/2007)

PACER
60 Sept. 19, 2007

MOTION for Admission Pro Hac Vice as to attorney Joshua Karsh on behalf of the plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 09/19/2007)

PACER
62 Sept. 19, 2007

ORDER granting the parties' 59 Joint Motion/Request. IT IS HEREBY ORDERED that the named parties be excused from appearing at the preliminary pretrial conference set for 9/26/07. Signed by Judge Stephen M McNamee on 9/19/07.(SAT)

RECAP
63 Sept. 19, 2007

REPORT re: Rule 26(f) Planning Meeting by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 09/19/2007)

PACER
Sept. 19, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX062495 as to Joshua Karsh. (BAS, ) (Entered: 09/19/2007)

PACER
64 Sept. 20, 2007

REPORT of Reformatted Proposed Case Management Plan by Plaintiffs Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 09/20/2007)

PACER
65 Sept. 26, 2007

Minute Entry. Proceedings held before Judge Stephen M McNamee : Apr. Josh Karsh for plas; William August Richards for dfts, dft Cameron Holmes presentScheduling Conference held on 9/26/2007.Final Pretrial Conference set for 2/11/2009 04:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.Court order to follow. (Court Reporter Elaine Cropper.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 09/27/2007)

PACER
66 Sept. 28, 2007

RULE 16 SCHEDULING ORDER: Setting a Final Pretrial Conference for 2/11/2009 at 04:00 PM before Judge Stephen M McNamee. Discovery due by 6/27/2008, Dispositive motions due by 1/16/2009. Open attached pdf for further details. Signed by Judge Stephen M McNamee on 09/26/07. (ESL) (Entered: 09/28/2007)

PACER
67 Oct. 12, 2007

Notice re Service of State Defs' Rule 26 Initial Disclosure Stmt by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 10/12/2007)

PACER
68 Oct. 12, 2007

Notice re Plaintiffs' Notice of Initial Disclosure by Javier Torres, Alma Santiago, Lia Rivadeneyra (Karsh, Joshua) (Entered: 10/12/2007)

PACER
69 Nov. 6, 2007

Notice re Service by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 11/06/2007)

PACER
71 Dec. 3, 2007

ORDER granting Plaintiffs' Motion to Strike affirmative defenses 54 ; denying Plaintiffs' Motion to Strike affirmative defenses 54 . ORDER that Defendants shall have until 12/21/07 to file an amended answer to the First Amended Complaint. Signed by Judge Stephen M McNamee on 12/3/07.(TLJ)

RECAP
72 Dec. 10, 2007

NOTICE of Appearance by Paul Correa on behalf of Terry Goddard, Cameron Holmes (Correa, Paul) (Entered: 12/10/2007)

PACER
73 Dec. 21, 2007

AMENDED ANSWER to Plaintiffs' First 47 Amended Complaint by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 12/21/2007)

PACER
74 Jan. 28, 2008

MOTION for Admission Pro Hac Vice as to attorney Karyn L Bass Ehler on behalf of plaintiffs Javier Torres, Alma Santiago, and Lia Rivadeneyra. (BAS, ) (Entered: 01/29/2008)

PACER
75 Jan. 29, 2008

ORDER pursuant to General Order 05-25 granting 74 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: 01/29/2008)

PACER
Jan. 29, 2008

PRO HAC VICE FEE PAID. $ 100, receipt number PHX067084 as to Karyn L Bass Ehler. (BAS, ) (Entered: 01/29/2008)

PACER
76 Jan. 30, 2008

NOTICE of Deposition of Javier Torres, filed by Terry Goddard, Cameron Holmes. (Hinson, Michael) (Entered: 01/30/2008)

PACER
77 Feb. 20, 2008

NOTICE of Deposition of Lia Rivadeneyra, filed by Terry Goddard, Cameron Holmes. (Correa, Paul) (Entered: 02/20/2008)

PACER
78 March 3, 2008

NOTICE of Deposition of Alma Santiago, filed by Terry Goddard, Cameron Holmes. (Correa, Paul) (Entered: 03/03/2008)

PACER
79 March 14, 2008

MOTION to Certify Class by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 03/14/2008)

PACER
80 March 14, 2008

PLAINTIFFS' MEMORANDUM IN SUPPORT OF CLASS CERTIFICATION by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A through A1, # 2 Exhibit B, # 3 Exhibit B1 through B3, # 4 Exhibit B4 and B5, # 5 Exhibit C, C1, C2 & C3, # 6 Exhibit D, D1, E, E1, F & G, # 7 Exhibit H through L)(Piers, Matthew) Modified on 1/27/2009, INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "Motion" TO "Memorandum", (LSP). (Entered: 03/14/2008)

PACER
81 March 14, 2008

MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Appendix Redline Second Amended Complaint)(Piers, Matthew) (Entered: 03/14/2008)

PACER
82 March 21, 2008

MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A: Subpoena served on Western Union, # 2 Exhibit B: Plaintiffs' Proposed Protective Order Regarding Documents Produced by Western Union)(Piers, Matthew) (Entered: 03/21/2008)

PACER
83 March 21, 2008

Notice re Service by Terry Goddard, Cameron Holmes (Correa, Paul) (Entered: 03/21/2008)

PACER
84 March 24, 2008

RESPONSE in Opposition re 82 MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 1to Response to Plaintiffs' Motion for Entry of Protective Order)(Hinson, Michael) (Entered: 03/24/2008)

PACER
85 March 25, 2008

RESPONSE in Opposition re 82 MOTION for Protective Order PLAINTIFFS' MOTION FOR ENTRY OF PROTECTIVE ORDER REGARDING DOCUMENTS SUBPOENAED FROM WESTERN UNION (Amended) filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit 1 to Amended Response to PLS' Motion for Protective Order)(Hinson, Michael) (Entered: 03/25/2008)

PACER
86 March 27, 2008

Notice re Service of Defendants' First Supplemental Rule 26 Disclosure Statement by Terry Goddard, Cameron Holmes (Hinson, Michael) (Entered: 03/27/2008)

PACER
87 March 31, 2008

RESPONSE in Opposition re 81 MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 1 Part 1 of 5, # 2 Exhibit Exhibit 1 Part 2 of 5, # 3 Exhibit Exhibit 1 Part 3 of 5, # 4 Exhibit Exhibit 1 Part 4 of 5, # 5 Exhibit Exhibit 1 Part 5 of 5, # 6 Exhibit Exhibit 2 Part 1 of 4, # 7 Exhibit Exhibit 2 Part 2 of 4, # 8 Exhibit Exhibit 2 Part 3 of 4, # 9 Exhibit Exhibit 2 Part 4 of 4, # 10 Exhibit Exhibit 3 Part 1 of 2)(Richards, William) (Entered: 03/31/2008)

PACER
88 March 31, 2008

Additional Attachments to Main Document re 87 Response in Opposition to Motion,, by Defendants Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit 4 Part 1 of 2, # 2 Exhibit Exhibit 4 Part 2 of 2, # 3 Exhibit Exhibit 5 Part 1 of 2, # 4 Exhibit Exhibit 5 Part 2 of 2, # 5 Exhibit Exhibit 6)(Richards, William) (Entered: 03/31/2008)

PACER
89 April 7, 2008

REPLY in Support re 81 MOTION to Amend/Correct re Second Amended Complaint Plaintiffs' Motion for Leave to File Second Amended Complaint PLAINTIFFS' REPLY FOR MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piers, Matthew) (Entered: 04/07/2008)

PACER
90 April 17, 2008

STIPULATION re 79 MOTION to Certify Class by Terry Goddard, Cameron Holmes, Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Text of Proposed Order Index and Proposed Order)(Richards, William) (Entered: 04/17/2008)

PACER
91 April 18, 2008

ORDER re 90 STIPULATION re 79 MOTION to Certify Class; that Defendants shall have through April 21, 2008 to file their response to Plaintiffs pending motion for class certification, and Plaintiffs shall have through May 19, 2008 to file their reply in support of the motion for class certification.. Signed by Judge Stephen M McNamee on 4/18/08. (DMT, )

RECAP
92 April 21, 2008

RESPONSE in Opposition re 79 MOTION to Certify Class filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Index and Exhibit, # 2 Exhibit Index and Exhbit, # 3 Exhibit Index and Exhibit, # 4 Exhibit Index and Exhibit, # 5 Exhibit Index and Exhibit)(Richards, William) (Entered: 04/21/2008)

PACER
93 April 22, 2008

ORDER denying 81 Plaintiff's Motion for Leave to File Second Amended Complaint; denying as moot 87 Defendants' Motion to Strike footnote six. Signed by Judge Stephen M McNamee on 4/22/08.(TLJ)

RECAP
94 April 22, 2008

NOTICE of Deposition of James P. Walsh, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/22/2008)

PACER
95 April 28, 2008

NOTICE of Deposition of James Walsh, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/28/2008)

PACER
97 April 30, 2008

NOTICE of Deposition of Dan Kelly, filed by all plaintiffs. (Eckstein, Timothy) (Entered: 04/30/2008)

PACER
98 May 2, 2008

NOTICE of Deposition of TERRY GODDARD, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/02/2008)

PACER
99 May 2, 2008

NOTICE of Deposition of Claudia Vazquez, filed by Terry Goddard, Cameron Holmes. (Attachments: # 1 Exhibit Exhibit A and Service Page)(Hinson, Michael) (Entered: 05/02/2008)

PACER
100 May 7, 2008

NOTICE of Deposition of DAN KELLY, filed by all plaintiffs. (Cabou, Jean-Jacques) (Entered: 05/07/2008)

PACER
101 May 7, 2008

NOTICE of Deposition of 30(B)(6), filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/07/2008)

PACER
102 May 7, 2008

NOTICE of Deposition of ARIZONA DEPARTMENT OF PUBLIC SAFETY, filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/07/2008)

PACER
103 May 12, 2008

Notice re of Service by Terry Goddard, Cameron Holmes (Richards, William) (Entered: 05/12/2008)

PACER
104 May 13, 2008

MOTION to Amend/Correct re Leave to File Second Amended Complaint by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Attachments: # 1 Exhibit A: Redlined version of Second Amended Complaint)(Ehler, Karyn) (Entered: 05/13/2008)

PACER
105 May 13, 2008

LODGED Proposed Second Amended Complaint re: 104 MOTION to Amend/Correct re Leave to File Second Amended Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Ehler, Karyn) (Entered: 05/13/2008)

PACER
106 May 16, 2008

MOTION for Leave to File Excess Pages for PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE AN OVERSIZED BRIEF by Javier Torres, Alma Santiago, Lia Rivadeneyra. (Piers, Matthew) (Entered: 05/16/2008)

PACER
107 May 19, 2008

Notice re Notice of Filing Proposed Order Granting Plaintiffs' Unopposed Motion for Leave to File an Oversized Brief by Javier Torres, Alma Santiago, Lia Rivadeneyra (Attachments: # 1 Text of Proposed Order Proposed Order)(Piers, Matthew) (Entered: 05/19/2008)

PACER

Case Details

State / Territory:

Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 18, 2006

Closing Date: July 17, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three individuals who sent money through a wire transfer service or banking institution to be received in Arizona or in Sonora, Mexico, and had that money seized pursuant to a criteria-based warrant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Arizona Attorney General

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Other Dockets:

District of Arizona 2:06-cv-02482

U.S. Court of Appeals for the Ninth Circuit 12-17096

U.S. Court of Appeals for the Ninth Circuit 16-16315

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Loss or damage to property

Immigration/Border:

Constitutional rights

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Policing:

Inadequate citizen complaint investigations and procedures

Recommended Citation