Case: Yazzie v. Hobbs

3:20-cv-08222 | U.S. District Court for the District of Arizona

Filed Date: Aug. 26, 2020

Closed Date: Jan. 6, 2021

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Case Summary

In this case, six plaintiffs, all tribal members of Navajo Nation, challenged the constitutionality of Arizona’s requirement that Vote By Mail (“VBM”) ballots be received, not postmarked, by 7:00 PM of Election Day. This case was filed on August 26, 2020 in the United States District Court for the District of Arizona and assigned to Chief District Judge G. Murray Snow. The plaintiffs, represented by out-of-state private attorneys at Big Fire Law & Policy Group LLP, sued the Secretary of State …

This case was filed on August 26, 2020 in the United States District Court for the District of Arizona and assigned to Chief District Judge G. Murray Snow. The plaintiffs, represented by out-of-state private attorneys at Big Fire Law & Policy Group LLP, sued the Secretary of State of Arizona, Katie Hobbs, represented by WilmerHale.

The plaintiffs brought suit under Section 2 of the Voting Rights Act of 1965 (“VRA”), as amended; 52 U.S.C. § 10301 (formerly codified at 42 U.S.C. 1973); 42 U.S.C. § 1983, providing for civil action for deprivation of rights; the Fourteenth Amendment to the United States Constitution; 28 U.S.C. §§ 2201-2202 providing for declaratory relief and other necessary or proper relief; and Article 2, Section 21 of the Constitution of the State of Arizona. The plaintiffs sought declaratory and injunctive relief, both temporary and permanent, compelling the defendant to count VBM ballots postmarked on or before the Election Day.

The plaintiffs claimed that Arizona’s rule burdens the plaintiffs’ constitutional right to vote as applied due to the unequal mail service available to them compared to other areas within the state. Navajo Nation is a federally recognized Indian Tribe, that spans over 13,989,222 acres of Tribally-owned land in three states, Arizona, New Mexico, and Utah. Given the national increase in absentee balloting during the COVID-19 pandemic, plaintiffs claimed that Navajo population especially had a disadvantage because most of the population did not have access to at home delivery or affluence to afford faster priority mails that are more expensive. Moreover, the plaintiffs noted that their land had significantly smaller number of post offices of 11, compared to an average of hundreds in other rural parts of the U.S. The contrast is starker given the fact that the Navajo population density is 6.33 persons per square mile while the national average is 345 persons per square mile. Thus, the plaintiffs claimed that postal service was systematically slower for Indian voters, effectively allowing 15 days for Tribal Members to consider and cast ballots, compared to affluent areas like Scottsdale, Arizona, that have 25 days to consider. Given these difficulties, the plaintiffs claimed that Arizona’s failure to amend and provide the requested relief hindered Tribal Members’ right to vote and political participation.

On September 2, 2020, the plaintiffs filed an emergency Motion for Preliminary Injunction and Declaratory Relief and Memorandum of Points and Authorities in Support. Through the motion, the plaintiffs sought that the defendants count their ballots postmarked, not received as the requirement, on or before 7 PM of Election Day. The plaintiffs claimed that they qualify for a preliminary injunction because (1) they are likely to succeed on their section under the VRA, (2) they will suffer irreparable harm in the absence of injunctive relief from the abridgement of their rights to vote, (3) the balance of the equities favor the plaintiffs with minimal increased costs, if any, to the defendant, and (4) public interest in including protected classes in the political process favors the injunction.

On September 3, 2020, a Motion to Intervene as intervenor-defendants was filed by multiple parties including Donald J. Trump for President Incorporated, Yuma County Republican Committee, Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee, Maricopa County Republican Committee, Coconino County Republican Committee, Arizona Republican Party (collectively “intervening movants”).

On September 7, 2020, the plaintiffs filed an emergency Motion for Hearing on their previous Motion for Preliminary Injunction. The court order on September 11, 2020 granted the motion for hearing, along with a hearing for the intervening movants’ Motion to Intervene in an expedited schedule. The first hearing on the intervening movants’ Motion to Intervene was set to be on September 15, 2020, while the second hearing on the plaintiffs’ emergency motion was set to be on September 22, 2020.

Also on September 11, 2020, Arizona Advocacy Network, a non-profit organization that seeks to defend voting rights and access to the ballot in Arizona, represented by the law firm Perkins Cole LLP, moved to intervene as an Intervenor-Plaintiff.

On September 13, 2020, the plaintiffs responded opposing to the Motion to Intervene, which the plaintiffs amended the next day on September 14, 2020. In the amended response, the plaintiffs claimed that the intervening movants do not have an interest in the lawsuit as the plaintiffs are not seeking to create a new race and geographically based class of voters. Instead of seeking and advantage, as the movants claim, the plaintiffs claimed they sought only the same effective right to vote as other voters.

On September 14, 2020, each party submitted a response in opposition to the other party’s motion: the plaintiffs wrote in opposition of the intervening movants’ Motion to Intervene because Arizona Advocacy Network seeks to count all Arizona voters’ ballots postmarked, while, according to the plaintiffs, that is not necessary to protect the plaintiffs’ rights. Plaintiffs argued that proceeding the lawsuit without them would not reduce other Arizona voters’ rights. On the other hand, the intervening movants wrote in opposition of the plaintiffs’ Motion for Preliminary Injunction and Injunctive Relief that (1) the plaintiffs are unlikely to win the case since they intentionally delayed their claim and thus created their own “emergency.” Furthermore, the plaintiffs did not meet their burden by failing to show a causal nexus and the social and historical factors proving discrimination. The intervening movants further claim that (2) the plaintiffs did not suffer irreparable harm, (3) the balance of equities and (4) public interest favor defendants because a preliminary injunction is an extremely harsh order that courts should be cautious about issuing.

The first hearing on September 15, 2020, was heled as a telephonic proceeding before Chief Judge Snow. The Court denied the intervening movants’ Motion to Intervene without prejudice as the intervening movants established their common interest in the lawsuit but not a different objective from the Secretary of State’s.

On September 16, 2020, the defendant filed a Motion to Dismiss the case in her response to the plaintiffs’ Motion for Preliminary Injunction and Injunctive Relief. In the motion, the defendant claimed that the plaintiffs lack standing as their injury is speculative or not caused by the State’s control but other factors such as the pandemic or postal operations . The plaintiffs submitted a response to the defendant’s Motion to Dismiss the case on September 24, 2020. On September 17, 2020, the Court denied Arizona Advocacy Network’s Motion to Intervene.

On September 18, 2020, few days before the second hearing, the plaintiffs submitted a reply to the defendant’s response to the plaintiffs’ Emergency Motion for Preliminary Injunction and Injunctive Relief, reasserting reasons why the caselaw and facts support that the plaintiffs have met their burden of proof and are entitled to relief.

The second hearing on September 22, 2020, regarding the plaintiffs’ Motion for Preliminary Injunction and Injunctive Relief was held. The Court order given on September 25, 2020 denied the plaintiffs’ Motion for Preliminary Injunction as the Court found that the plaintiffs have failed to establish their likely success of any of their claims; in fact, the Court even raised serious questions regarding merits to their claims. Regarding the defendant’s Motion to Dismiss, however, the Court scheduled a telephonic conference on October 9, 2020.

Soon after the court order, on September 28, 2020, the plaintiffs filed an interlocutory appeal to 9th Circuit Court of Appeals regarding their denied Motion for Preliminary Injunction and Injunctive Relief while the case in the District Court was ongoing.

On October 9, 2020, Chief Judge Snow held the conference and ordered the plaintiffs to submit a supplemental response to the defendant’s Motion to Dismiss within ten days, which will be followed by the defendant’s reply within the standard time limit.

On October 12, 2020, the plaintiffs filed a Motion to Amend/Correct the Complaint. On October 19, 2020, the plaintiffs then filed a Motion to Dismiss Case or Request Timeframe for Leave to Amend Complaint, to which the defendant submitted a response the next day. On October 26, 2020, the plaintiffs further submitted a reply to the defendant’s response.

On November 6, 2020, the Court of Appeals mandate affirmed the decision of the district court regarding the plaintiffs’ appeal.

On January 6, 2021, the court order denied the defendant’s Motion to Dismiss as moot, the intervening movants’ Motion for Clarification, and the plaintiffs’ Motion to Amend Complaint. However, the Court granted the plaintiffs’ Motion to Dismiss or Request Timeframe for Leave to Amend Complaint. Finally, on the same day, a judgment of dismissal was entered pursuant to the Courts Order and the complaint and action were dismissed without prejudice.

This case is now closed.

Summary Authors

Hailie Yoo (1/28/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17485048/parties/yazzie-v-hobbs/

Judge(s)

Attorney for Plaintiff

Devaney, John M. (Arizona)

Attorney for Defendant

Desai, Roopali H. (Arizona)

Gaona, David Andrew (Arizona)

Expert/Monitor/Master/Other

Ahler, Colin Patrick (Arizona)

Flint, Derek Conor (Arizona)

Judge(s)

Snow, Grant Murray (Arizona)

Attorney for Plaintiff

Devaney, John M. (Arizona)

Gonski, Sarah Rae (Arizona)

McClure, Chris (Arizona)

Novotny, Michael James (Arizona)

Attorney for Defendant

Desai, Roopali H. (Arizona)

Gaona, David Andrew (Arizona)

Harper, Marty (Arizona)

Sivaram, Anuradha (Arizona)

Yost, Kristen Michelle (Arizona)

Other

Ahler, Colin Patrick (Arizona)

Flint, Derek Conor (Arizona)

Johnson, Brett William (Arizona)

Spencer, Eric Harmon (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:20-cv-08222	Docket [PACER]	Nov. 6, 2020	Nov. 6, 2020 Docket
1 3:20-cv-08222	Complaint for Injunctive and Declaratory Relief	Aug. 26, 2020	Aug. 26, 2020 Complaint
9 3:20-cv-08222	Motion for Preliminary Injunction and Declaratory Relief	Sept. 2, 2020	Sept. 2, 2020 Pleading / Motion / Brief
12 3:20-cv-08222	Motion to Intervene	Sept. 3, 2020	Sept. 3, 2020 Pleading / Motion / Brief
21 3:20-cv-08222	Plaintiffs' Motion for Emergency Hearing on Motion for Preliminary Injunction and Permanent Injunction	Sept. 7, 2020	Sept. 7, 2020 Pleading / Motion / Brief
22 3:20-cv-08222	Defendant Arizona Secretary of State's Response to Motion to Intervene	Sept. 9, 2020	Sept. 9, 2020 Pleading / Motion / Brief
24 3:20-cv-08222	Order	Sept. 11, 2020	Sept. 11, 2020 Order/Opinion
30 3:20-cv-08222	Plaintiffs' Opposition to Motion to Intervene	Sept. 13, 2020	Sept. 13, 2020 Pleading / Motion / Brief
32 3:20-cv-08222	Plaintiffs' Amended Opposition to Motion to Intervene	Sept. 14, 2020	Sept. 14, 2020 Pleading / Motion / Brief
38 3:20-cv-08222	Reply in Support of Motion to Intervene	Sept. 14, 2020	Sept. 14, 2020 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Yazzie v. Hobbs The League of Women Voters of Arizona	The article provides a summary of the case facts and an overview of the case timeline.	Jan. 6, 2021	Jan. 6, 2021 https://www.lwv.org/...
Yazzie et al v. Hobbs Stanford-MIT Healthy Elections Project	Plaintiffs allege that state law requiring that mailed ballots be received, not postmarked, before 7PM on Election Day to be counted is unconstitutional given unique circumstances for Navajo Nation, …	October 31, 2020	Oct. 31, 2020 https://healthyelections-case-tracker.stanford.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17485048/yazzie-v-hobbs/

Last updated April 11, 2026, 5:03 a.m.

ECF Number	Date	Description	Link
1	Aug. 26, 2020	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18604308 filed by Alfred McRoye, Darlene Yazzie, Irene Roy, Leslie Begay, Caroline Begay, and Donna Williams. (Novotny, Michael) (Attachments: # 1 Civil Cover Sheet)(DLC) (Entered: 08/26/2020) 1 Civil Cover Sheet View on RECAP	Clearinghouse
2	Aug. 26, 2020	SUMMONS Submitted by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, and Darlene Yazzie. (Novotny, Michael) (DLC) (Entered: 08/26/2020)	RECAP
3	Aug. 26, 2020	Filing fee paid, receipt number 0970-18604308. This case has been assigned to the Honorable Chief Judge G Murray Snow. All future pleadings or documents should bear the correct case number: CV-20-8222-PCT-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) (Entered: 08/26/2020)	RECAP
4	Aug. 26, 2020	Summons Issued as to Katie Hobbs. (DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/26/2020)	RECAP
5	Aug. 26, 2020	NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Leslie Begay, Caroline Begay, Alfred McRoye, Irene Roy, Darlene Yazzie, Donna Williams. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file correct document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 08/26/2020)	RECAP
6	Aug. 26, 2020	NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Leslie Begay, Caroline Begay, Alfred McRoye, Irene Roy, Darlene Yazzie, Donna Williams. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC) (Entered: 08/26/2020)	RECAP
7	Aug. 26, 2020	ORDER: Directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 1, 2020. See document for further details. Signed by Chief Judge G Murray Snow on 8/26/20. (GMP) (Entered: 08/26/2020)	RECAP
	Aug. 26, 2020	Notice of Deficiency (Text Only)
8	Aug. 27, 2020	Additional Attachments to Main Document re: 1 Complaint, 5 Notice of Deficiency (Text Only) Civil Cover Sheet- US District Court Form JS-44 by Plaintiffs Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Novotny, Michael) (Entered: 08/27/2020)	RECAP
	Sept. 1, 2020	Remark: Pro hac vice motion(s) granted for Chris McClure on behalf of Plaintiffs Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
9	Sept. 2, 2020	Emergency MOTION for Preliminary Injunction AND DECLARATORY RELIEF AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Text of Proposed Order Granting Injunctive and Declaratory Relief, # 2 Affidavit Of Chris McClure in Support of Application for Preliminary Injunction, # 3 Exhibit 1, # 4 Exhibit 2)(McClure, Chris) (Entered: 09/02/2020) 1 Text of Proposed Order Granting Injunctive and Declaratory Relief View on RECAP 2 Affidavit Of Chris McClure in Support of Application for Preliminary Injunction View on PACER 3 Exhibit 1 View on RECAP 4 Exhibit 2 View on PACER	Clearinghouse
10	Sept. 2, 2020	NOTICE of Appearance by Roopali H Desai on behalf of Katie Hobbs. (Desai, Roopali) (Entered: 09/02/2020)	RECAP
11	Sept. 3, 2020	NOTICE TO FILER OF DEFICIENCY re: 9 Emergency MOTION for Preliminary Injunction AND DECLARATORY RELIEF AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Leslie Begay, Caroline Begay, Alfred McRoye, Irene Roy, Darlene Yazzie, Donna Williams. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 09/03/2020)	RECAP
12	Sept. 3, 2020	MOTION to Intervene by Donald J. Trump for President Incorporated, Yuma County Republican Committee, Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee, Maricopa County Republican Committee, Coconino County Republican Committee, Arizona Republican Party. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Johnson, Brett) Modified to correct filer per party name standards and add additional filers on 9/4/2020 (REK). (Entered: 09/03/2020) 1 Exhibit A View on PACER 2 Text of Proposed Order View on PACER	Clearinghouse
13	Sept. 3, 2020	Corporate Disclosure Statement by Arizona Republican Party. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
14	Sept. 3, 2020	Corporate Disclosure Statement by Coconino County Republican Committee. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
15	Sept. 3, 2020	Corporate Disclosure Statement by Donald J. Trump for President Incorporated. (Johnson, Brett) Modified to correct filer per party name standards on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
16	Sept. 3, 2020	Corporate Disclosure Statement by Maricopa County Republican Committee.(Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
17	Sept. 3, 2020	Corporate Disclosure Statement by National Republican Congressional Committee. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
18	Sept. 3, 2020	Corporate Disclosure Statement by National Republican Senatorial Committee. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
19	Sept. 3, 2020	Corporate Disclosure Statement by Republican National Committee. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
20	Sept. 3, 2020	Corporate Disclosure Statement by Yuma County Republican Committee. (Johnson, Brett) Modified to correct filer on 9/4/2020 (REK). (Entered: 09/03/2020)	RECAP
	Sept. 3, 2020	Notice of Deficiency (Text Only)
21	Sept. 7, 2020	Emergency MOTION for Hearing on Motion re: 9 Emergency MOTION for Preliminary Injunction by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Text of Proposed Order)(McClure, Chris) Modified to remove duplicative text on 9/8/2020 (GMP). (Entered: 09/07/2020) 1 Text of Proposed Order FOR EMERGENCY HEARING ON MOTION FOR PRELIMINARY INJUNCTIO View on PACER	Clearinghouse
22	Sept. 9, 2020	RESPONSE to Motion re: 12 MOTION to Intervene filed by Katie Hobbs. (Desai, Roopali) (Entered: 09/09/2020)	Clearinghouse
23	Sept. 11, 2020	ORDER: Pending before the Court are the 12 Motion to Intervene filed by Donald J. Trump for President Incorporated, Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee, Arizona Republican Party, Coconino County Republican Committee, Maricopa County Republican committee and Yuma County Republican Committee (collectively "Intervenors") and Defendant Arizona Secretary of State's 22 Response to Motion to Intervene. Accordingly, IT IS HEREBY ORDERED the Reply is due September 14, 2020. Signed by Chief Judge G Murray Snow on 9/11/20. (GMP) (Entered: 09/11/2020)	RECAP
24	Sept. 11, 2020	ORDER: Granting Plaintiffs' 9 Emergency Motion for Preliminary Injunctive and Declaratory Relief and setting an expedited briefing schedule as follows: The response shall be due no later than September 14, 2020. The reply shall be due no later than September 18, 2020. IT IS FURTHER ORDERED granting Plaintiffs' 21 Motion for Emergency Hearing on Motion for Preliminary Injunction and Permanent Injunction. The hearing is set for Tuesday, September 22, 2020 beginning at 9:00 A.M. The parties will immediately inform the Court regarding whether they believe the hearing may be by video-conference or telephone, or whether it needs to be in person. Further, the parties will immediately inform the Court whether the hearing will be evidentiary, or whether it will be argument only, as well as the time necessary for such a hearing. Signed by Chief Judge G Murray Snow on 9/11/20. (GMP) (Entered: 09/11/2020)	Clearinghouse
25	Sept. 11, 2020	ORDER: Setting a hearing on the 12 Motion to Intervene for Tuesday, September 15, 2020 at 10:00 a.m. The parties will immediately inform the Court regarding whether they believe the hearing may be by video-conference or telephone, or whether it needs to be in person. Signed by Chief Judge G Murray Snow on 9/11/20. (GMP) (Entered: 09/11/2020)	RECAP
26	Sept. 11, 2020	MOTION to Intervene as Intervenor-Plaintiff by Arizona Advocacy Network. (Attachments: # 1 Exhibit 1 - Proposed Complaint-in-Intervention, # 2 Text of Proposed Order)(Gonski, Sarah) (Entered: 09/11/2020) 1 Exhibit 1 - Proposed Complaint-in-Intervention View on PACER 2 Text of Proposed Order View on PACER	Clearinghouse
27	Sept. 11, 2020	Corporate Disclosure Statement by Arizona Advocacy Network. (Gonski, Sarah) (Entered: 09/11/2020)	RECAP
28	Sept. 11, 2020	NOTICE re: Regarding Hearing Logistics by Arizona Republican Party, Coconino County Republican Committee, Donald J. Trump for President Incorporated, Maricopa County Republican Committee, National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Yuma County Republican Committee re: 24 Order on Motion for Hearing on Motion, Order on Motion for Preliminary Injunction . (Spencer, Eric) (Entered: 09/11/2020)	RECAP
29	Sept. 11, 2020	ORDER re: 26 Motion to Intervene as Intervenor-Plaintiff filed by Arizona Advocacy Network. IT IS HEREBY ORDERED that any responses to the Motion to Intervene (Doc. 26 ) are due no later than 9:00 a.m. on Tuesday, 9/15/2020. Intervenor Arizona Advocacy Network is represented by Perkins Coie LLP. One of this Court's new term law clerks has accepted employ with Perkins Coie next year. That law clerk has been walled off and prevented from any knowledge or access to this case. Should the parties have any concerns about this arrangement, they should be raised with the Court immediately. Signed by Chief Judge G Murray Snow on 9/11/2020. (KFZ) (Entered: 09/11/2020)	RECAP
30	Sept. 13, 2020	Amended by 32 -- RESPONSE in Opposition re: 12 MOTION to Intervene and Certificate of Service filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Affidavit Declaration of Healy)(McClure, Chris) Modified on 9/14/2020 (WLP). (Entered: 09/13/2020)	Clearinghouse
31	Sept. 13, 2020	SERVICE EXECUTED filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie: Proof of Service re: Summons and Complaint upon Katie Hobbs on 9/2/20. (McClure, Chris) (Entered: 09/13/2020)	RECAP
32	Sept. 14, 2020	RESPONSE in Opposition re: 12 MOTION to Intervene Amended filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Affidavit Declaration of Healy)(McClure, Chris) (Entered: 09/14/2020) 1 View on RECAP	Clearinghouse
33	Sept. 14, 2020	NOTICE re: Oral Argument and Hearing by Katie Hobbs re: 24 Order on Motion for Hearing on Motion, Order on Motion for Preliminary Injunction . (Desai, Roopali) (Entered: 09/14/2020)	RECAP
34	Sept. 14, 2020	REQUEST re: telephonic hearing by Movants Arizona Republican Party, Coconino County Republican Committee, Donald J. Trump for President Incorporated, Maricopa County Republican Committee, National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Yuma County Republican Committee. (Johnson, Brett) (Entered: 09/14/2020)	RECAP
35	Sept. 14, 2020	ORDER: In light of General Order 20-17, the hearing currently set for September 15, 2020 at 10:00 a.m. shall be conducted telephonically by all parties. Accordingly, IT IS HEREBY ORDERED that counsel for Proposed Intervenor-Defendants shall set up a call-in number on or before 5:00 p.m. on September 14, 2020, and disseminate the number to all parties, including the Court. Signed by Chief Judge G Murray Snow on 9/14/20. (GMP) (Entered: 09/14/2020)	RECAP
36	Sept. 14, 2020	NOTICE TO FILER OF DEFICIENCY re: 28 Notice (Other) filed by Donald J. Trump for President Incorporated, Arizona Republican Party, Yuma County Republican Committee, National Republican Congressional Committee, Coconino County Republican Committee, Maricopa County Republican Committee, Republican National Committee, National Republican Senatorial Committee. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Derek Flint but submitted using the log-in and password belonging to attorney Eric Spencer. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) (Entered: 09/14/2020)	RECAP
37	Sept. 14, 2020	NOTICE re: Hearings by Arizona Advocacy Network . (Gonski, Sarah) (Entered: 09/14/2020)	RECAP
38	Sept. 14, 2020	REPLY to Response to Motion re: 12 MOTION to Intervene filed by Arizona Republican Party, Coconino County Republican Committee, Donald J. Trump for President Incorporated, Maricopa County Republican Committee, National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Yuma County Republican Committee. (Johnson, Brett) (Entered: 09/14/2020)	Clearinghouse
39	Sept. 14, 2020	RESPONSE in Opposition re: 26 MOTION to Intervene as Intervenor-Plaintiff filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (McClure, Chris) (Entered: 09/14/2020)	Clearinghouse
40	Sept. 14, 2020	RESPONSE in Opposition re: 9 Emergency MOTION for Preliminary Injunction AND DECLARATORY RELIEF AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Arizona Republican Party, Coconino County Republican Committee, Donald J. Trump for President Incorporated, Maricopa County Republican Committee, National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Yuma County Republican Committee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Johnson, Brett) (Entered: 09/14/2020) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP	Clearinghouse
41	Sept. 14, 2020	MOTION for Leave to File Excess Pages for Combined Motion to Dismiss and Response to Emergency Motion for Preliminary Injunctive and Declaratory Relief by Katie Hobbs. (Attachments: # 1 Text of Proposed Order)(Desai, Roopali) (Entered: 09/14/2020) 1 Text of Proposed Order View on PACER	RECAP
42	Sept. 14, 2020	*(Filed at doc. 48 )- LODGED Proposed Consolidated Motion to Dismiss and Response to Emergency Motion for Preliminary Injunctive and Declaratory Relief re: 41 MOTION for Leave to File Excess Pages for Combined Motion to Dismiss and Response to Emergency Motion for Preliminary Injunctive and Declaratory Relief . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Katie Hobbs. (Attachments: # 1 Exhibit A-E)(Desai, Roopali) Modified on 9/16/2020 (GMP). (Entered: 09/14/2020)	RECAP
	Sept. 14, 2020	Notice of Deficiency (Text Only)
43	Sept. 15, 2020	RESPONSE to Motion re: 26 MOTION to Intervene as Intervenor-Plaintiff filed by Katie Hobbs. (Desai, Roopali) (Entered: 09/15/2020)	Clearinghouse
44	Sept. 15, 2020	MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Motion Hearing held on 9/15/2020 re Motion to Intervene 12 . Argument presented. The Court takes the motion under advisement. TELEPHONIC APPEARANCES: Chris McClure for Plaintiffs. Roopali Desai and Marty Harper for Defendant. Sarah Gonski and John Devaney for Proposed Intervenor Plaintiff Arizona Advocacy Network. Brett Johnson and Eric Spencer for Proposed Intervenor Defendants. (Court Reporter Charlotte Powers.) Hearing held 10:09 AM to 11:09 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 09/15/2020)	RECAP
	Sept. 15, 2020	1 - Common Prompts (Text Only) AND Order on Motion to Intervene AND Motion Hearing
	Sept. 15, 2020	Motion Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion to Intervene
	Sept. 15, 2020	1 - Common Prompts (Text Only) AND Motion Hearing AND Order on Motion to Intervene
45	Sept. 16, 2020	ORDER: Arizona Advocacy Network's Motion to Intervene 26 is DENIED without prejudice. Donald J. Trump for President, Inc., Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee, Arizona Republican Party, Coconino County Republican Committee, Maricopa County Republican Committee, and Yuma County Republican Committee's Motion to Intervene 12 is DENIED without prejudice. The Court will hold a telephonic status conference with the parties regarding the September 22, 2020 hearing on Friday, September 18, 2020 at 10:30 a.m. Mountain Standard Time (Pacific Daylight Time) to discuss Daubert Motions and how to proceed with the hearing. Plaintiffs' counsel shall set up a call-in number on or before Noon on Thursday, September 17, 2020 and disseminate it to all parties, including the Court. IT IS FURTHER ORDERED setting an expedited briefing schedule. Defendant's Daubert Motion shall be filed no later than Friday, September 18, 2020. Responses to Defendant's Daubert Motion shall be filed no later than Monday, September 21, 2020. Signed by Chief Judge G Murray Snow on 9/16/2020. (REK) (Entered: 09/16/2020)	Clearinghouse
46	Sept. 16, 2020	ORDER: The Court has received inquiries from the public who wish to listen to the September 22, 2020 hearing. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. See document for further details. Signed by Chief Judge G Murray Snow on 9/16/2020. (REK) (Entered: 09/16/2020)	RECAP
47	Sept. 16, 2020	ORDER: Granting the 41 Motion for Leave to Exceed Page Limitation. The Secretary may file a combined and consolidated Motion to Dismiss and Response to Plaintiffs' Emergency Motion for Injunctive and Declaratory Relief not to exceed 27 pages. IT IS FURTHER ORDERED directing the Clerk of Court to file the lodged Consolidated Motion to Dismiss and Response to Emergency Motion with attachments (Doc. 42). Signed by Chief Judge G Murray Snow on 9/16/20. (GMP) (Entered: 09/16/2020)	RECAP
48	Sept. 16, 2020	MOTION to Dismiss Case and Response to 9 Emergency MOTION for Preliminary Injunction and Declaratory Relief by Katie Hobbs. (Attachments: # 1 Exhibit A-E)(GMP) (Entered: 09/16/2020) 1 Exhibit A-E View on RECAP	Clearinghouse
	Sept. 16, 2020	Remark re Pro Hac Vice Motion
	Sept. 16, 2020	Remark: Pro hac vice motion(s) granted for John M Devaney on behalf of Plaintiffs Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Sept. 16, 2020	AMENDED Remark: Pro hac vice motion(s) granted for John M Devaney on behalf of Movant Arizona Advocacy Network. Counsel incorrectly listed plaintiffs on pro hac vice motion and this information has been updated and/or corrected for representation pursuant to document 26 filed 9/11/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
49	Sept. 17, 2020	MOTION for Clarification re: 45 Order by Movants Arizona Republican Party, Coconino County Republican Committee, Donald J. Trump for President Incorporated, Maricopa County Republican Committee, National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Yuma County Republican Committee. (Johnson, Brett) Modified to correct event on 9/18/2020 (GMP). (Entered: 09/17/2020)	Clearinghouse
	Sept. 17, 2020	Remark re Pro Hac Vice Motion
50	Sept. 18, 2020	NOTICE re: Issues for September 18, 2020 Status Conference by Katie Hobbs . (Desai, Roopali) (Entered: 09/18/2020)	RECAP
51	Sept. 18, 2020	*MOTION in Limine re: Exclude Schroedel and Bret Healy Testimony at Preliminary Injunction Hearing, MOTION to Strike Declaration by Katie Hobbs. (Attachments: # 1 Text of Proposed Order)(Desai, Roopali). Added MOTION to Strike on 9/21/2020 (GMP). (Entered: 09/18/2020) 1 Text of Proposed Order View on PACER	RECAP
52	Sept. 18, 2020	MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Status Conference held on 9/18/2020. TELEPHONIC APPEARANCES: Chris McClure for Plaintiffs. Roopali Desai and Marty Harper for Defendant. (Court Reporter Charlotte Powers.) Hearing held 10:32 AM to 10:48 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 09/18/2020)	RECAP
53	Sept. 18, 2020	REPLY to Response to Motion re: 9 Emergency MOTION for Preliminary Injunction filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Affidavit Declaration of McClure, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(McClure, Chris) Modified to correct document linkage on 9/21/2020 (GMP). (Entered: 09/18/2020) 1 Affidavit Declaration of McClure View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on RECAP 4 Exhibit C View on PACER 5 Exhibit D View on RECAP 6 Exhibit E View on PACER 7 Exhibit F View on PACER	Clearinghouse
	Sept. 18, 2020	1 - Common Prompts (Text Only) AND Status Conference
54	Sept. 21, 2020	NOTICE of Appearance by Anuradha Sivaram on behalf of Katie Hobbs. (Sivaram, Anuradha) (Entered: 09/21/2020)	RECAP
55	Sept. 21, 2020	RESPONSE in Opposition re: 51 MOTION in Limine re: Exclude Schroedel and Bret Healy Testimony at Preliminary Injunction Hearing and Motion to Strike Declaration MOTION to Strike filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Affidavit Declaration of McClure, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(McClure, Chris) (Entered: 09/21/2020) 1 Affidavit Declaration of McClure View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	RECAP
	Sept. 21, 2020	Remark re Pro Hac Vice Motion
	Sept. 21, 2020	Remark: Pro hac vice motion(s) granted for Anuradha Sivaram on behalf of Defendant Katie Hobbs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
56	Sept. 22, 2020	MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Motion Hearing held on 9/22/2020. IT IS ORDERED taking under advisement 51 Defendant's Motion in Limine/Motion to Strike, and Plaintiffs' Motion for Preliminary Injunction. (Court Reporter Charlotte Powers.) Hearing held 9:05 AM to 1:49 PM.(KFZ) (Entered: 09/23/2020)	RECAP
57	Sept. 22, 2020	Witness List by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (KFZ) (Entered: 09/23/2020)	RECAP
58	Sept. 22, 2020	Witness List by Katie Hobbs. (KFZ) (Entered: 09/23/2020)	RECAP
59	Sept. 22, 2020	Exhibit List by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (KFZ) (Entered: 09/23/2020)	RECAP
60	Sept. 22, 2020	Exhibit List by Katie Hobbs. (KFZ) (Entered: 09/23/2020)	RECAP
61	Sept. 24, 2020	RESPONSE to Motion re: 48 MOTION to Dismiss Case filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Affidavit Declaration of McClure, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit D)(McClure, Chris) (Entered: 09/24/2020)	RECAP
62	Sept. 25, 2020	ORDER - IT IS HEREBY ORDERED that Plaintiffs Darlene Yazzie, Caroline Begay, Leslie Begay, Irene Roy, Donna Williams, and Alfred McRoye's Motion for Preliminary Injunction (Doc. 9 .) is DENIED. IT IS FURTHER ORDERED that Defendant Katie Hobbs' Motion in Limine (Doc. 51 ) is DENIED without prejudice. IT IS FURTHER ORDERED that the Court will hold a telephonic status conference October 9, 2020 at 2:30 p.m. Mountain Standard Time (Pacific Daylight Time) to discuss the timeline for responses to Defendant's Motion to Dismiss. Defendant's counsel shall set up a call-in number on or before Noon, October 6, 2020 and disseminate it to all parties, including the Court. (See document for complete details). Signed by Chief Judge G Murray Snow on 9/25/20. (SLQ) (Entered: 09/25/2020)	Clearinghouse
63	Sept. 28, 2020	NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 62 Order by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. Filing fee received: $ 505.00, receipt number 0970-18714308. (Attachments: # 1 Appeal Information Representation Statement)(McClure, Chris) Modified to correct event type on 9/28/2020 (EJA). (Entered: 09/28/2020) 1 Appeal Information Representation Statement View on RECAP	Clearinghouse
64	Sept. 28, 2020	TRANSCRIPT REQUEST by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie for proceedings held on 9/22/2020, Judge G Murray Snow hearing judge(s) re: 63 Notice of Appeal. (McClure, Chris) (Entered: 09/28/2020)	RECAP
66	Sept. 28, 2020	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings for date of 09/22/2020 before Chief Judge G. MURRAY SNOW re: 63 Notice of Appeal. [Court Reporter: Charlotte A. Powers, RMR, FCRR, CCR, CMRS, Telephone number (602) 322-7250]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020. (RAP) (Entered: 10/01/2020)	RECAP
65	Sept. 29, 2020	USCA Case Number re: 63 Notice of Appeal. Case number 20-16890, Ninth Circuit. (EJA) (Entered: 09/29/2020)	RECAP
67	Oct. 2, 2020	TRANSCRIPT REQUEST by Katie Hobbs for proceedings held on 09/22/2020, Judge G Murray Snow hearing judge(s). (Desai, Roopali) (Entered: 10/02/2020)	RECAP
68	Oct. 9, 2020	MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Status Conference held on 10/9/2020. Plaintiffs' supplemental response to Defendant's Motion to Dismiss 48 shall be filed within ten (10) days. Defendant's reply shall be filed within the standard time limits from the filing of Plaintiffs' supplemental response. APPEARANCES: Chris McClure for Plaintiffs. Roopali Desai and Marty Harper for Defendant. (Court Reporter Charlotte Powers.) Hearing held 2:32 PM to 2:39 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 10/09/2020)	RECAP
	Oct. 10, 2020	1 - Common Prompts (Text Only) AND Status Conference
69	Oct. 12, 2020	First MOTION to Amend/Correct 1 Complaint by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Exhibit A Proposed Amended Complaint, # 2 Text of Proposed Order)(McClure, Chris) (Entered: 10/12/2020) 1 Exhibit A Proposed Amended Complaint View on PACER 2 Text of Proposed Order View on PACER	Clearinghouse
71	Oct. 19, 2020	MOTION to Dismiss Case OR REQUEST TIMEFRAME FOR LEAVE TO AMEND COMPLAINT by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (Attachments: # 1 Text of Proposed Order)(McClure, Chris) (Entered: 10/19/2020) 1 Text of Proposed Order View on PACER	Clearinghouse
72	Oct. 20, 2020	RESPONSE to Motion re: 71 MOTION to Dismiss Case OR REQUEST TIMEFRAME FOR LEAVE TO AMEND COMPLAINT filed by Katie Hobbs. (Desai, Roopali) (Entered: 10/20/2020)	Clearinghouse
73	Oct. 26, 2020	REPLY to Response to Motion re: 71 MOTION to Dismiss Case OR REQUEST TIMEFRAME FOR LEAVE TO AMEND COMPLAINT filed by Caroline Begay, Leslie Begay, Alfred McRoye, Irene Roy, Donna Williams, Darlene Yazzie. (McClure, Chris) (Entered: 10/26/2020)	Clearinghouse
74	Nov. 6, 2020	MANDATE of USCA (20-16890) affirming the decision of the district court re: 63 Notice of Appeal filed by Leslie Begay, Caroline Begay, Alfred McRoye, Irene Roy, Darlene Yazzie, Donna Williams. (LAD) (Entered: 11/06/2020)	Clearinghouse
75	Jan. 6, 2021	ORDER denying as moot 48 Motion to Dismiss, 49 Motion Request for Clarification and 69 Motion to Amend Complaint. Plaintiffs' Motion to Dismiss or Request Timeframe for Leave to Amend Complaint (Doc. 71 ) is granted. The Clerk shall enter a judgment of dismissal without prejudice. Signed by Chief Judge G Murray Snow on 1/5/21. (DXD) (Entered: 01/06/2021)	RECAP
76	Jan. 6, 2021	CLERK'S JUDGMENT - Pursuant to the Courts Order filed January 6, 2021, judgment of dismissal is entered, and the complaint and action are dismissed without prejudice. (DXD) (Entered: 01/06/2021)	RECAP