Case: Jacobson v. U.S. Department of Homeland Security

Jacobson v. Department of Homeland Security

Jacobson v. Department of Homeland Security

Jacobson v. Department of Homeland Security

Jacobson v. Department of Homeland Security

Jacobson v. Department of Homeland Security

U.S. Court of Appeals for the Ninth Circuit

ACLU of Arizona

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11084747 filed by Peter Ragan, Leesa Jacobson. (Lyall, James) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(DLC) (Entered: 11/20/2014)

1 Civil Cover Sheet

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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SUMMONS Submitted by Leesa Jacobson, Peter Ragan. (Lyall, James) (Attachments: # 1 Summons, # 2 Summons)(DLC) (Entered: 11/20/2014)

1 Summons

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2 Summons

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Filing fee paid, receipt number 0970-11084747. This case has been assigned to the Honorable Bruce G. Macdonald. All future pleadings or documents should bear the correct case number: 4:14-CV-02485-TUC-BGM. Magistrate Election form attached. (DLC) (Entered: 11/20/2014)

Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Summons, # 2 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/20/2014)

1 Summons

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2 Summons

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SUMMONS Submitted by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Summons Rosalinda Huey, # 2 Summons Roger San-Martin, # 3 Summons R. Gil Kerlikowske, # 4 Summons N. Ballistrea, # 5 Summons Michael J. Fisher, # 6 Summons Manuel Padilla, Jr., # 7 Summons Lloyd Easterling, # 8 Summons K. Riden, # 9 Summons Jeh Johnson, # 10 Summons Jeffrey Self, # 11 Summons J. Joyner)(Lyall, James) (Entered: 11/20/2014)

1 Summons Rosalinda Huey

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2 Summons Roger San-Martin

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3 Summons R. Gil Kerlikowske

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4 Summons N. Ballistrea

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5 Summons Michael J. Fisher

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6 Summons Manuel Padilla, Jr.

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7 Summons Lloyd Easterling

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8 Summons K. Riden

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9 Summons Jeh Johnson

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10 Summons Jeffrey Self

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11 Summons J. Joyner

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Summons Issued as to N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, Roger San-Martin, Jeffrey Self. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(EGP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/21/2014)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Summons Issued as to Lloyd Easterling, S Spencer. (Attachments: # 1 Summons) ***These two summons were not issued in prior batch submitted on 11/20/2014***(KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/24/2014)

1 Summons

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MOTION for Admission Pro Hac Vice as to attorney Winslow B Taub on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)

MOTION for Admission Pro Hac Vice as to attorney Tracy Ebanks on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)

MOTION for Admission Pro Hac Vice as to attorney Ethan Forrest on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)

ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice; granting 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/04/2014)

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 12/08/2014)

PRO HAC VICE FEE PAID. $ 105, receipt number PHX153010 as to Winslow B Taub, Tracy Ebanks, Ethan Forrest. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION for Admission Pro Hac Vice as to attorney Christina E Dashe on behalf of plaintiffs Leesa Jacobson, and Peter Ragan. (BAS) (Entered: 12/09/2014)

ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/09/2014)

PRO HAC VICE FEE PAID. $ 35, receipt number PHX153217 as to Christina E Dashe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION for Admission Pro Hac Vice as to attorney Mitra Ebadolahi by Leesa Jacobson. (Ebadolahi, Mitra) (Entered: 12/15/2014)

MOTION for Admission Pro Hac Vice as to attorney John David Loy on behalf of plaintiffs Leesa Jacobson, and Peter Ragan. (BAS) (Entered: 12/17/2014)

ORDER pursuant to General Order 09-08 granting 16 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/17/2014)

PRO HAC VICE FEE PAID. $ 35, receipt number PHX153494 as to John David Loy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon US Department of Homeland Security c/o United States Attorney John S. Leonardo on November 26, 2014. (Lyall, James) (Entered: 12/18/2014)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Jeffrey Self on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Manuel Padilla, Jr. on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon N. Ballistrea on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Roger San-Martin on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)

SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Rosalinda Huey on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)

Service Returned Unexecuted by Leesa Jacobson, Peter Ragan : Summons, Complaint, Consent Form re Magistrate Order as to LLoyd Easterling. (Lyall, James) (Entered: 12/18/2014)

ORDER pursuant to General Order 09-08 granting 15 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/19/2014)

PRO HAC VICE FEE PAID. $ 35, receipt number PHX153556 as to Mitra Ebadolahi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and Supporting Memorandum of Law by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Lyall, James) (Entered: 12/23/2014)

1 Text of Proposed Order

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FILED at (Doc. 29 )- LODGED Proposed Plaintiffs' Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support Attached. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Affidavit Declaration of Tracy Ebanks, # 2 Affidavit Declaration of Peter Ragan, # 3 Affidavit Declaration of Steve McLain, # 4 Text of Proposed Order)(Lyall, James) Modified on 1/6/2015 (ALS). (Entered: 12/23/2014)

1 Affidavit Declaration of Tracy Ebanks

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2 Affidavit Declaration of Peter Ragan

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3 Affidavit Declaration of Steve McLain

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4 Text of Proposed Order

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ORDER that Plaintiffs' 26 Unopposed Motion for Leave to File Brief in Excess of Page Limit is GRANTED. The Clerk of the Court shall file Plaintiffs' 27 Lodged Proposed Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support. Signed by Magistrate Judge Bruce G Macdonald on 1/6/2015.(ALS) (Entered: 01/06/2015)

MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Tracy Ebanks, # 2 Declaration of Peter Ragan, # 3 Declaration of Stephen W. McLain, # 4 Text of Proposed Order)(ALS) (Entered: 01/06/2015)

1 Declaration of Tracy Ebanks

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2 Declaration of Peter Ragan

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3 Declaration of Stephen W. McLain

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4 Text of Proposed Order

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Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 01/07/2015)

1 Text of Proposed Order

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ORDER denying as Moot 30 Government's Consent Motion for Extension of Time to Respond to Plaintiffs Motion for Preliminary Injunction. Signed by Magistrate Judge Bruce G Macdonald on 1/9/2015. (ALS) (Entered: 01/09/2015)

Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction, Consent MOTION for Extension of Time to File Answer by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 01/22/2015)

1 Text of Proposed Order

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*Consent MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) *Modified motion type on 2/2/2015 (ALS). (Entered: 01/30/2015)

1 Text of Proposed Order

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FILED at (Doc. 38 )- LODGED Proposed Proposed Defendants' Opposition to 29 Plaintiffs' Motion for Preliminary Injunction re: 33 Consent MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Exhibit Index, # 2 Ex. A - Traffic Control Plan, # 3 Ex. B - Traffic Checkpoint Policy, # 4 Ex. C (part 1 of 3) - San Martin Declaration, # 5 Ex. C (part 2 of 3) - San Martin Declaration, # 6 Ex. C (part 3 of 3) - San Martin Declaration, # 7 Ex. D - Spencer Declaration, # 8 Ex. E - Huey Declaration)(Beckenhauer, Eric) Modified on 2/27/2015 (ALS). (Entered: 01/30/2015)

1 Exhibit Index

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2 Ex. A - Traffic Control Plan

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3 Ex. B - Traffic Checkpoint Policy

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4 Ex. C (part 1 of 3) - San Martin Declaration

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5 Ex. C (part 2 of 3) - San Martin Declaration

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6 Ex. C (part 3 of 3) - San Martin Declaration

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7 Ex. D - Spencer Declaration

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8 Ex. E - Huey Declaration

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Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 02/12/2015)

Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Macdonald conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 02/12/2015)

ORDER that both of the Government's motions (Doc. 32 & 33 ) are GRANTED. The Clerk of the Court shall file the Government's Lodged: Proposed Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction (Doc. 34) and it is deemed timely filed. IT IS FURTHER ORDERED that oral argument shall be heard in this matter at 10:00 a.m. on Tuesday, April 21, 2015 before the Honorable Bruce G. Macdonald, Courtroom 5C, Evo A. DeConcini U.S. Courthouse, 405 W. Congress Street, Tucson, Arizona. Signed by Magistrate Judge Bruce G Macdonald on 2/27/2015. (ALS) (Entered: 02/27/2015)

RESPONSE in Opposition re: 29 MOTION for Preliminary Injunction filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Exhibit Index, # 2 Ex. A - Traffic Control Plan, # 3 Ex. B - Traffic Checkpoint Policy, # 4 Ex. C (part 1 of 3) - San Martin Declaration, # 5 Ex. C (part 2 of 3) - San Martin Declaration, # 6 Ex. C (part 3 of 3) - San Martin Declaration, # 7 Ex. D - Spencer Declaration, # 8 Ex. E - Huey Declaration)(ALS) (Entered: 02/27/2015)

1 Exhibit Index

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2 Ex. A - Traffic Control Plan

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3 Ex. B - Traffic Checkpoint Policy

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4 Ex. C (part 1 of 3) - San Martin Declaration

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5 Ex. C (part 2 of 3) - San Martin Declaration

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6 Ex. C (part 3 of 3) - San Martin Declaration

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7 Ex. D - Spencer Declaration

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8 Ex. E - Huey Declaration

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MOTION for Leave to File Excess Pages for Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Taub, Winslow) (Entered: 03/09/2015)

1 Text of Proposed Order

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FILED at (Doc. 43 )- LODGED Proposed Reply Brief In Support of Plaintiffs' Motion for Preliminary Injunction re: 39 MOTION for Leave to File Excess Pages for Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Peter Ragan In Support of Plaintiffs' Reply Brief, # 2 Exhibit 1 (Part 1) to Declaration of Peter Ragan, # 3 Exhibit 1 (Part 2) to Declaration of Peter Ragan)(Taub, Winslow) Modified on 3/11/2015 (ALS). (Entered: 03/09/2015)

1 Declaration of Peter Ragan In Support of Plaintiffs' Reply Brief

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2 Exhibit 1 (Part 1) to Declaration of Peter Ragan

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3 Exhibit 1 (Part 2) to Declaration of Peter Ragan

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ORDER that oral argument currently set for 10:00 a.m. on Tuesday, April 21, 2015 before the Honorable Bruce G. Macdonald, shall be held in Courtroom 3C, Evo A. DeConcini U.S. Courthouse, 405 W. Congress Street, Tucson, Arizona. Signed by Magistrate Judge Bruce G Macdonald on 3/10/2015. (ALS) (Entered: 03/10/2015)

ORDER granting Plaintiff's 39 Motion. The Clerk of the Court shall file Plaintiffs' Lodged: Proposed Reply Brief in Support of Plaintiffs' Motion for Preliminary Injunction (Doc. 40). FURTHER ORDERED if Plaintiffs have not done so already, they shall submit a courtesy copy to chambers. Signed by Magistrate Judge Bruce G Macdonald on 3/11/2015.(ALS) (Entered: 03/11/2015)

REPLY Brief In Support of Plaintiffs' 29 Motion for Preliminary Injunction filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Peter Ragan In Support of Plaintiffs' Reply Brief,, # 2 Exhibit (Part 1) to Declaration of Peter Ragan, # 3 Exhibit (Part 2) to Declaration of Peter Ragan)(ALS) (Entered: 03/11/2015)

1 Declaration of Peter Ragan In Support of Plaintiffs' Reply Brief,

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2 Exhibit (Part 1) to Declaration of Peter Ragan

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3 Exhibit (Part 2) to Declaration of Peter Ragan

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Consent MOTION for Extension of Time to File Answer by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 03/26/2015)

1 Text of Proposed Order

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ORDER granting 44 Motion for Extension of Time to Answer. The Government shall answer or otherwise respond to the complaint on or before May 26, 2015. Signed by Magistrate Judge Bruce G Macdonald on 3/30/2015.(ALS) (Entered: 03/31/2015)

MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Oral Argument Hearing held on 4/21/2015. Motions Taken Under Advisement: 29 MOTION for Preliminary Injunction. (Recorded by COURTSMART.) Hearing held 9:57 AM to 11:35 AM. (KAH) (Entered: 04/24/2015)

MOTION to Withdraw as Attorney by Leesa Jacobson. (Dashe, Christina) (Entered: 05/15/2015)

NOTICE re: of Supplemental Authority by Leesa Jacobson, Peter Ragan re: 29 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A to Notice of Supplemental Authority)(Taub, Winslow) (Entered: 05/18/2015)

1 Exhibit A to Notice of Supplemental Authority

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Consent MOTION for Extension of Time to File Answer by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 05/22/2015)

1 Text of Proposed Order

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ORDER granting 47 Motion to Withdraw as Attorney as to attorney Christina E. Dashe. Signed by Magistrate Judge Bruce G Macdonald on 5/26/15. (KAH) (Entered: 05/26/2015)

ORDER granting 49 Motion for Extension of Time to Answer. The Government shall answer or otherwise respond to the complaint within 30 days of this Court's ruling on Plaintiffs' Motion for Preliminary Injunction (Doc. 29 ). Signed by Magistrate Judge Bruce G Macdonald on 5/29/15. (KAH) (Entered: 05/29/2015)

NOTICE re: Notice of Name Change by Leesa Jacobson, Peter Ragan . (Ebanks, Tracy) (Entered: 06/16/2015)

NOTICE of request for e-notices by Emily Sue Newton. (Newton, Emily)

MOTION to Withdraw as Attorney Joel Edman by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Lopez, Victoria) (Entered: 09/09/2015)

1 Text of Proposed Order

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ORDER denying 29 Motion for Preliminary Injunction. Signed by Magistrate Judge Bruce G Macdonald on 9/14/15. (See attached PDF for complete information.) (KAH) (Entered: 09/14/2015)

ORDER granting 53 Motion to Withdraw as Attorney. Attorney Joel Edman is relieved of any further duties and responsibilities for the legal representation of Plaintiffs Leesa Jacobson and Peter Ragan in this action. Signed by Magistrate Judge Bruce G Macdonald on 10/2/15. (KAH) (Entered: 10/02/2015)

Consent MOTION for Extension of Time to File Answer by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 10/13/2015)

1 Text of Proposed Order

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ORDER granting 56 Motion for Extension of Time to Answer. The Government shall answer or otherwise respond to the complaint on or before October 23, 2015. Signed by Magistrate Judge Bruce G Macdonald on 10/23/15. (KAH) (Entered: 10/20/2015)

Consent MOTION for Leave to File Excess Pages for Motion to Dismiss or, in the alternative, for Summary Judgment by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 10/23/2015)

1 Text of Proposed Order

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Document filed at doc. 61 . Lodged Proposed Motion to Dismiss or, in the alternative, for Summary Judgment. Document to be filed by Clerk if 58 Motion or Stipulation for Leave to File or Amend is granted. Filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Exhibit Index, # 2 Statement of Facts)(Beckenhauer, Eric) *Modified to link to motion on 10/26/2015 (BAC). Modified on 11/2/2015 (BAC). (Entered: 10/23/2015)

1 Exhibit Index

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2 Statement of Facts

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ORDER GRANTING 58 Motion for Leave to File Excess Pages. The Clerk of the Court shall file the Government's Lodged, Proposed Defendants' 59 Motion to Dismiss or, in the Alternative, for Summary Judgment and Supporting Memorandum. Signed by Magistrate Judge Bruce G Macdonald on 10/30/15.(BAC) (Entered: 11/02/2015)

Defendants' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT and SUPPORTING MEMORANDUM by defendants. (Attachments: # 1 Exhibit Index, # 2 Statement of Facts)(BAC) (Entered: 11/02/2015)

1 Exhibit Index

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2 Statement of Facts

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Consent MOTION for Extension of Time to File Response/Reply -- Plaintiffs' Consent Motion for Extension of Time to File Opposition Brief, by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Forrest, Ethan) (Entered: 11/13/2015)

1 Text of Proposed Order

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ORDER GRANTING 62 Motion for Extension of Time to File Response/Reply re: 61 MOTION to Dismiss Case MOTION for Summary Judgment. IT IS ORDERED Plaintiffs shall file their Opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before 12/16/15. Signed by Magistrate Judge Bruce G Macdonald on 11/19/15.(BAC) (Entered: 11/19/2015)

Consent MOTION for Extension of Time to File Response/Reply Plaintiffs' Consent Motion for Extension of Time to File Opposition Brief (Second Request) by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Forrest, Ethan) (Entered: 12/11/2015)

1 Text of Proposed Order

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MOTION for Admission Pro Hac Vice as to attorney Neha Jaganathan on behalf of Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/16/2015)

ORDER pursuant to General Order 09-08 granting 65 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/16/2015)

PRO HAC VICE FEE PAID. $ 35, receipt number PHX166362 as to Neha Jaganathan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

ORDER GRANTING Plaintiffs 64 Motion for Extension of Time to File Opposition Brief as to 61 MOTION to Dismiss or, in the Alternative, for Summary Judgment. Plaintiffs shall file their Opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment on or before 1/4/16. Signed by Magistrate Judge Bruce G Macdonald on 12/23/15.(BAC) (Entered: 12/23/2015)

MOTION for Leave to File Excess Pages for Opposition to Defendants' Motion to Dismiss or in the Alternative for Summary Judgment by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Taub, Winslow) (Entered: 01/04/2016)

1 Text of Proposed Order

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*Documents filed at docs 72 and 73, pursuant to Order 74 . LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Dismiss or, in the Alternative for Summary Judgment re: 68 MOTION for Leave to File Excess Pages for Opposition to Defendants' Motion to Dismiss or in the Alternative for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Plaintiffs' Controverting Statement of Facts, # 2 Declaration of Winslow Taub, # 3 Declaration of Peter Ragan, # 4 Text of Proposed Order)(Taub, Winslow) Modified on 2/5/2016 (BAC). (Entered: 01/04/2016)

1 Plaintiffs' Controverting Statement of Facts

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2 Declaration of Winslow Taub

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3 Declaration of Peter Ragan

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4 Text of Proposed Order

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Additional Attachments to Main Document re: 69 Lodged Proposed Document Certificate of Service by Plaintiffs Leesa Jacobson, Peter Ragan. (Taub, Winslow) (Entered: 01/05/2016)

ORDER GRANTING Plaintiffs' 68 Motion for Leave to File Excess Pages. The Clerk of the Court shall file the Plaintiffs' 61 Lodged: Proposed Plaintiffs' Opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment and Supporting Memorandum. Signed by Magistrate Judge Bruce G Macdonald on 2/4/16.(BAC) (Entered: 02/05/2016)

Plaintiffs' Opposition to Defendants' 68 Motion to Dismiss or, in the Alternative for Summary Judgment filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Winslow Taub, # 2 Declaration of Peter Ragan, # 3 Text of Proposed Order)(BAC) (Entered: 02/05/2016)

1 Declaration of Winslow Taub

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2 Declaration of Peter Ragan

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3 Text of Proposed Order

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STATEMENT OF FACTS re: 72 Plaintiffs' Response in Opposition to Motion, Response to Motion for Summary Judgment by Plaintiffs Leesa Jacobson, Peter Ragan. (BAC) (Entered: 02/05/2016)

AMENDED ORDER (Amended as to document number to be filed only): IT IS ORDERED that the Plaintiffs' 68 MOTION is GRANTED. The Clerk of the Court shall file the Plaintiffs' 69 Lodged, Proposed Plaintiffs' Opposition to Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment and Supporting Memorandum. Signed by Magistrate Judge Bruce G Macdonald on 2/4/16.(BAC) (Entered: 02/05/2016)

Consent MOTION for Extension of Time to File Response/Reply in Support of 61 Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 02/22/2016)

1 Text of Proposed Order

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ORDER granting 75 Motion for Extension of Time to File Response/Reply re: 61 MOTION to Dismiss Case MOTION for Summary Judgment. Defendants shall file their Reply in Support of Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment on or before March 22, 2016. Signed by Magistrate Judge Bruce G Macdonald on 3/7/16. (KAH) (Entered: 03/07/2016)

Consent MOTION for Leave to File Excess Pages in Reply to Plaintiffs' opposition to Defendants' motion to dismiss, or, in the alternative, for summary judgment by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 03/22/2016)

1 Text of Proposed Order

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REPLY to Response to Motion re: 61 MOTION to Dismiss Case MOTION for Summary Judgment filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Defs.' Resp. to Pls.' Rule 56(d) Decl., # 2 Attach. 1 to Defs.' Resp. to Pls.' Rule 56(d) Decl., # 3 Attach. 2 to Defs.' Resp. to Pls.' Rule 56(d) Decl.)(Newton, Emily) (Entered: 03/22/2016)

1 Defs.' Resp. to Pls.' Rule 56(d) Decl.

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2 Attach. 1 to Defs.' Resp. to Pls.' Rule 56(d) Decl.

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3 Attach. 2 to Defs.' Resp. to Pls.' Rule 56(d) Decl.

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REPLY to Response to Motion re: 61 MOTION to Dismiss Case MOTION for Summary Judgment Corrected filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Defs.' Resp. to Pls.' Rule 56(d) Decl., # 2 Attach. 1 to Defs.' Resp. to Pls.' Rule 56(d) Decl., # 3 Attach. 2 to Defs.' Resp. to Pls.' Rule 56(d) Decl.)(Newton, Emily) (Entered: 03/24/2016)

1 Defs.' Resp. to Pls.' Rule 56(d) Decl.

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2 Attach. 1 to Defs.' Resp. to Pls.' Rule 56(d) Decl.

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3 Attach. 2 to Defs.' Resp. to Pls.' Rule 56(d) Decl.

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Consent MOTION for Leave to File Reply to Defendants' Response to Plaintiffs' Rule 56(d) Declaration by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Taub, Winslow) (Entered: 04/07/2016)

1 Text of Proposed Order

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ORDER granting 77 Motion for Leave to File Excess Pages in Reply to Plaintiffs' opposition to Defendants' motion to dismiss, or, in the alternative, for summary judgment. Defendants Corrected Reply in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. 79 ) is deemed properly filed. Signed by Magistrate Judge Bruce G Macdonald on 4/8/16. (KAH) (Entered: 04/11/2016)

ORDER granting 80 Motion for Leave to File Reply to Defendants' Response to Plaintiffs' Rule 56(d) Declaration. Plaintiffs shall file their Reply regarding their Rule 56(d) Declaration on or before April 27, 2016. Signed by Magistrate Judge Bruce G Macdonald on 4/8/16. (KAH) (Entered: 04/11/2016)

REPLY re: 78 Reply to Response to Motion Plaintiffs' Reply to Defendants' Response to Plaintiffs' Rule 56(D) Declaration by Plaintiffs Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Winslow Taub)(Taub, Winslow) (Entered: 04/27/2016)

1 Declaration of Winslow Taub

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MOTION to Withdraw as Attorney Victoria Lopez by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 05/23/2016)

1 Text of Proposed Order

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ORDER granting 84 Motion to Withdraw as Attorney Victoria Lopez. Victoria Lopez is relieved of any further duties and responsibilities for the legal representation of Plaintiffs Leesa Jacobson and Peter Ragan in this action. Signed by Magistrate Judge Bruce G Macdonald on 5/25/2016.(KEP) (Entered: 05/25/2016)

MOTION to Withdraw as Attorney James Duff Lyall by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 07/19/2016)

1 Text of Proposed Order

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NOTICE of Appearance by Kathleen E Brody on behalf of Leesa Jacobson, Peter Ragan. (Brody, Kathleen) (Entered: 08/04/2016)

NOTICE of Appearance by Brenda Munoz Furnish on behalf of Leesa Jacobson, Peter Ragan. (Furnish, Brenda) (Entered: 08/09/2016)

ORDER granting 86 Plaintiff's Motion to Withdraw as Attorney. James Duff Lyall formerly of the ACLU Foundation of Arizona is relieved of any further duties and responsibilities for the legal representation of Plaintiffs in this action and is removed as counsel of record for the Plaintiffs. Signed by Magistrate Judge Bruce G Macdonald on 8/11/2016. (KEP) (Entered: 08/12/2016)

ORDER: IT IS ORDERED that oral argument shall be held at 1:00 p.m. on 9/22/16 before the Judge Bruce G. Macdonald, re: 61 Motion to Dismiss or, in the Alternative, for Summary Judgment. Signed by Magistrate Judge Bruce G Macdonald on 9/2/16.(BAC) (Entered: 09/02/2016)

ORDER: Oral argument on Defendants' 61 Motion to Dismiss or, in the Alternative, for Summary Judgment is currently set for 1:00 p.m. on 9/22/16 before Judge Bruce G. Macdonald. IT IS ORDERED that the hearing shall be RESET AS TO LOCATION ONLY, argument shall be heard in Courtroom 6B, Evo A. DeConcini US Courthouse, 405 West Congress Street, Tucson, Arizona. Signed by Magistrate Judge Bruce G Macdonald on 9/21/16.(BAC) (Entered: 09/21/2016)

MINUTE ENTRY: Oral argument is heard regarding Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 61 ). The Court takes the matter UNDER ADVISEMENT. (Court Reporter Aaron LaDuke.) Hearing held 1:00 PM to 2:30 PM.(DLC) (Entered: 10/03/2016)

ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Doc. 61 ) is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment and close its file in this matter. Signed by Magistrate Judge Bruce G Macdonald on 9/30/2016.(DLC) (Entered: 10/03/2016)

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed September 30, 2016, which granted the Motion for Summary Judgment, file is closed in this matter. (DLC) (Entered: 10/03/2016)