Case: United States v. State of Arizona

USA v. Arizona

U.S. v. Arizona

No Court

U.S.v. State of Arizona

U.S.v. State of Arizona

U.S. v. Arizona

Mona Lynch

COMPLAINT FILED (MAP) (Entered: 03/12/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft Jeff Hood on 3/11/97 (former emp) (Entered: 03/13/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft Dale Copeland on 3/10/97 (former emp) (Entered: 03/13/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft Arizona, State of on 3/10/97 (former emp) (Entered: 03/13/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft Terry L Stewart on 3/10/97 (former emp) (Entered: 03/13/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft J Fife Symington III on 3/10/97 (former emp) (Entered: 03/14/1997)

RETURN OF SERVICE EXECUTED of s/c upon dft John Hallahan on 3/10/97 (former emp) (Entered: 03/20/1997)

MOTION to stay discovery by dfts [9-1] (former emp) (Entered: 04/02/1997)

MOTION for more definite statement by dfts [10-1] (former emp) (Entered: 04/02/1997)

MOTION to dismiss by (all) dfts [11-1] (former emp) (Entered: 04/02/1997)

NOTICE OF HEARING by dft setting motion to dismiss by (all) dfts [11-1] at 1:30 12/8/97 (former emp) (Entered: 04/02/1997)

ORDER by Judge Roslyn O. Silver ; status hearing set for 9:00 4/21/97, before Judge Roslyn O. Silver (cc: all counsel) (LAD) (Entered: 04/01/1997)

MINUTE ORDER IT IS ORDERED setting motion for more definite statement by dfts [10-1] at 11:00 on 5/21/97 before Judge Roslyn O. Silver in Courtroom 5, 6th Floor. (cc: JS; all counsel) [13-2] (PHR) (Entered: 04/02/1997)

MINUTE ORDER; IT IS ORDERED setting motion to stay discovery by dfts [9-1] at 11:00 on 5/12/97 before Judge Roslyn O. Silver in Courtroom #5, 6th Floor (cc: JS; all counsel) [14-2] (PHR) (Entered: 04/02/1997)

AMENDED MINUTE ORDER IT IS ORDERED setting motion for more definite statement by dfts [10-1], and setting motion to stay discovery by dfts [9-1] at 11:00 on 5/12/97 before Judge Roslyn O. Silver, Courtroom #5, 6th floor. (cc: all counsel/JS) [15-2] (former emp) (Entered: 04/04/1997)

Memo of Law in opposition (RESPONSE) by pla USA to motion to stay discovery by dfts [9-1] (former emp) (Entered: 04/10/1997)

Memo of Law in opposition (RESPONSE) by pla USA to motion for more definite statement by dfts [10-1] (former emp) (Entered: 04/10/1997)

Memo of Law in opposition (RESPONSE) by pla USA to motion to dismiss by (all) dfts [11-1] (former emp) (Entered: 04/10/1997)

Unopposed MOTION to reschedule oral argument on mtn to dismiss by pla USA [19-1] (former emp) (Entered: 04/17/1997)

ORDER by Judge Roslyn O. Silver granting motion to reschedule oral argument on mtn to dismiss by pla USA [19-1]; re-setting motion to dismiss by (all) dfts [11-1] at 9:00 7/18/97 (cc: all counsel) (MAP) (Entered: 04/18/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Robert Bartels for Plas; Jeanne Garcia-Riley, James Morrow, Darrin Delunge for Dfts. Status hearing held. Pla exhibits 1 and 2 marked and admitted. Robert Bartels sworn and examined. The Court finds no reason at this time to recuse itself. Cnsl may file a motion to recuse within 10 days of today. Cnsl to confer to resolve the issue of the records. IT IS FURTHER ORDERED, upon request of counsel, resetting motion to dismiss by (all) dfts [11-1] from 7/18/97 to 7/11/97 at 9:00 am. [cc: JS [21-2] (former emp) (Entered: 04/21/1997)

REPLY by dft to response to motion to dismiss by (all) dfts [11-1] (former emp) (Entered: 04/22/1997)

REPLY by dft to response to motion to stay discovery by dfts [9-1] (former emp) (Entered: 04/22/1997)

REPLY by dft to response to motion for more definite statement by dfts [10-1] (former emp) (Entered: 04/22/1997)

EXHIBIT LIST submitted by pla (former emp) (Entered: 04/24/1997)

EXHIBIT LIST submitted by dft (former emp) (Entered: 04/24/1997)

ATTORNEY APPEARANCE for pla USA by Robert Donald Bartels (former emp) (Entered: 04/30/1997)

NOTICE concerning recusal by dft (former emp) (Entered: 05/07/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Shelley Jackson, Robert Bartels, Mark Masling, Lee Stein for Pla; Jeanne Garcia-Riley, Darrin DeLange, James Morrow for Dfts. Motion hearing held. IT IS ORDERED denying motion to stay discovery by dfts [9-1], denying motion for more definite statement by dfts [10-1]. Counsel are advised to bring discovery disputes to the attention of the Court. Counsel are to file mtns in limine prior to the final pretrial conference and a brief memorandum of law. All issues will be resolved at the final pretrial conference. The Court has submitted the recusal matter to another judge for determination. [cc: JS [29-1] (former emp) (Entered: 05/12/1997)

ORDER by Judge Roslyn O. Silver denying motion for more definite statement by dfts [10-1], denying motion to stay discovery by dfts [9-1] (cc: all counsel) (MAP) (Entered: 05/13/1997)

ORDER by Judge Roslyn O. Silver re: notice [28-1], ORD matter referred by lot to Judge SMM for the purpose of determing whether recusal is appropriate; in conjunction with this evaluation a copy of the transcript of the hrg of 4/21/97 will be provided to Judge McNamee (cc: all counsel/SMM) (former emp) (Entered: 05/19/1997)

MOTION for reconsideration of Court's Order of 5/12/97 by dfts (all) [32-1] (MAP) (Entered: 06/02/1997)

NOTICE to the court re discovery issue in dispute to be discussed at 6/4/97 telephnc conf by dft (former emp) (Entered: 06/04/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances telephonic: Mark Masling for Pla; James Morrow, Darrin Delange for Dfts. Discovery dispute hearing held. IT IS ORDERED counsel are to meet and confer to draft an order to the Court, for signature, regarding the discovery disputes resolved today. [cc: JS [34-2] (former emp) (Entered: 06/04/1997)

MEMORANDUM by USA re inmates' right to speak privately w/US Reps & US' right not to provide dfts w/advance notice of particular inmates to be interviewed (former emp) (Entered: 06/10/1997)

ORDER by Judge Roslyn O. Silver denying motion for reconsideration of Court's Order of 5/12/97 by dfts (all) [32-1] (cc: all counsel) (former emp) (Entered: 06/11/1997)

STATEMENT on proposed R.16 scheduling order by USA (former emp) (Entered: 06/18/1997)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by Arizona, State of, J Fife Symington III (former emp) (Entered: 06/20/1997)

NOTICE by pla USA of additional authority (former emp) (Entered: 06/20/1997)

MINUTE ORDER Upon request of parties, IT IS ORDERED setting a telephonic dispute re: Rule 16 Order at 1:30 p.m. on 6/24/97 before the Honorable Roslyn O. Silver.(cc: all counsel/JS) [40-1] re: order [40-1] (former emp) (Entered: 06/23/1997)

NOTICE by dft of lodging proposed order re inmate interviews & depositions (former emp) (Entered: 06/24/1997)

NOTICE of initial disclosures pursuant to FRCivP 26(a) by USA (former emp) (Entered: 06/24/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances telephonic: Mark Masling for Pla; Jeanne Garcia-Riley, James Morrow, Darrin Delange for the Dfts. Hearing on discovery dispute held. IS ORDERED parties are to resubmit the Rule 16 Order and the Case Management Plan by 7/3/97. Parties are to draft an order for the Court's signature re: the resolution of the discovery disputes The Rule 16 hearing is set on July 11, 1997 at 9:00 a.m. [cc: JS [43-2] (former emp) (Entered: 06/24/1997)

MEMORANDUM & Three Expert Declarations Concerning Safety During Private Inmate Interviews by USA (former emp) (Entered: 06/25/1997)

ORDER by Judge Roslyn O. Silver ; prel scheduling conf set for 9:00 7/11/97 (cc: all counsel) (former emp) (Entered: 06/25/1997)

TRANSCRIPT of proceedings by Court Reporter: Gary Moll for the following date(s): 6/24/97 (former emp) (Entered: 06/27/1997)

NOTICE by dft of service of response to request for prod of docs (former emp) (Entered: 07/01/1997)

Proposed Case Mgmt Plan: 42c due 7/1/98; Discovery cutoff 4/30/98; Motion filing ddl is 7/1/98 (former emp) (Entered: 07/04/1997)

STATEMENT RE TWO DISCOVERY DISPUTES TO BE ARGUED ON 7/11/97 by pla, all dfts (LAD) (Entered: 07/14/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: GARY MOLL Hearing held denying motion to dismiss by (all) dfts [11-1]. Deft may have until 7/23/97 to file their Answer to the complaint. Discovery issues argued and rulings made as stated on the record. Scheduling conference held. The Court will enter its scheduling order. 49 (MI) (Entered: 07/11/1997)

ORDER by Judge Roslyn O. Silver denying motion to dismiss by (all) dfts [11-1]; vacating the hearing set for 9:00 am on Fri, 7/11/97 to hear oral argument on dft's motion to dismiss (cc: all counsel) (LAD) (Entered: 07/15/1997)

ORDER by Judge Stephen M. McNamee recusing himself from cnsideration of whether Judge Silver should recuse herself; this matter has been reassigned by random lot to Judge Broomfield for consideration of the recusal issue (cc: all counsel/ROS/RCB) re: order [52-1] (LAD) (Entered: 07/16/1997)

TRANSCRIPT of Rule 16 scheduling conference by Court Reporter: Gary Moll for the following date(s): 7/11/97 (CMM) (Entered: 07/17/1997)

MINUTE ORDER: status hearing re Joint Pretrial Schedule filed 7/3/97 set for 2:00pm, MONDAY, SEPTEMBER 15, 1997 before Judge Broomfield, Courtroom #3, Seventh Floor (cc: all counsel) [54-2] (former emp) (Entered: 07/17/1997)

MINUTE ORDER: status hearing 9/15/97 set in error and is VACATED; in court hearing re Recusal issue of Judge Silver set for 4:30pm, TUESDAY, JULY 29, 1997 before Judge Broomfield, Courtroom #3, Seventh Floor (cc: all counsel/SMM/ROS) [55-4] (former emp) (Entered: 07/18/1997)

ANSWER by (all) dfts (former emp) (Entered: 07/25/1997)

NOTICE by pla of service of 1st set of interrogs (former emp) (Entered: 07/30/1997)

Parties' STATEMENTS re discovery dispute to be argued 7/30/97 by pla (former emp) (Entered: 07/30/1997)

ORDER by Judge Roslyn O. Silver denying motion for reconsideration of Court's Order of 5/12/97 by dfts (all) [32-1] (cc: all counsel) (LAD) (Entered: 07/29/1997)

MINUTE ENTRY: Judge Inits: RCB: Crt Rptr: R.Huckaby-Cotton ECR: in court hearing held. cnsl to submit to RCB w/i 5 days documents in which they agree w/a letter to that agreement; if there is no agreement on the documents to be submitted, cnsl will be given an additional 5 days to submit the additional documents. [cc: SMM/ROS] [58-2] (former emp) (Entered: 07/29/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Robert Bartels, Shelley Jackson (telephonic) for Pla; Darrin DeLange, James Morrow for Dfts. Discovery dispute hearing held. IT IS ORDERED parties are to file a brief not more than 5 pages in length. The Court will determine if further hearing is needed. IT IS FURTHER ORDERED denying the confidential informer privilege and request protective order. [cc: JS [61-1] re: minute entry [61-1] (former emp) (Entered: 08/01/1997)

NOTICE by dft of service of discovery (former emp) (Entered: 08/02/1997)

ORDER by Judge Roslyn O. Silver that pla's supplemental brief shall be filed no later than Mon, 8/11/97; that dft's supplemental brief shall be filed no later than Thurs, 8/21/97; hearing to resolve discovery dispute set for 1:30 8/25/97 (cc: all counsel) (LAD) (Entered: 08/04/1997)

NOTICE by dft of submitting documents to Judge Broomfield to assist in determining recusal issue (former emp) (Entered: 08/07/1997)

TRANSCRIPT of proceedings held by Court Reporter: Gary Moll for the following date(s): 4/21/97 (former emp) (Entered: 08/08/1997)

SUPPLEMENTAL Brief re appropriate options to address the impact of ARS Sec 13-1419(B) on discovery by pla USA (former emp) (Entered: 08/12/1997)

SUPPLEMENTAL legal memo to notice concerning recusal by dft (former emp) (Entered: 08/13/1997)

TRANSCRIPT of proceedings by Court Reporter: Gary Moll for the following date(s): 4/21/97 (former emp) (Entered: 08/14/1997)

ORDER by Judge Robert C. Broomfield denying notice (motion) for recusal (cc: all counsel/ROS) (LAD) (Entered: 08/19/1997)

RESPONSE by Arizona, State of, J Fife Symington III to pla's supplemental brief [66-1] (former emp) (Entered: 08/22/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Robert Bartels for Pla; Jeanne Garcia-Riley Darrin DeLange, James Morrow for Dfts. Discovery dispute hearing held re: inmate interview/work product privilege for Pla's attorney's and expert's mental impressions. IT IS ORDERED taking this matter under advisement. [cc: JS [71-2] (former emp) (Entered: 08/26/1997)

TRANSCRIPT of Proceedings by Court Reporter: Gary Moll for the following date(s): 7/30/97 (former emp) (Entered: 08/29/1997)

TRANSCRIPT of Proceedings by Court Reporter: Gary Moll for the following date(s): 8/25/97 (former emp) (Entered: 08/29/1997)

MOTION for reconsideration by dft [72-1] (former emp) (Entered: 08/29/1997)

NOTICE by all dfts of service of discovery responses (LAD) (Entered: 09/05/1997)

RESPONSE by pla to motion for reconsideration by dft [72-1] (former emp) (Entered: 09/10/1997)

ORDER by Judge Robert C. Broomfield denying motion for reconsideration by dft [72-1] (cc: all counsel) (former emp) (Entered: 09/10/1997)

PROTECTIVE ORDER by Judge Roslyn O. Silver : re: minute entry [71-2], granting pla's request for a protective order (cc: all counsel) (former emp) (Entered: 09/16/1997)

NOTICE by dft of service of discovery (former emp) (Entered: 10/01/1997)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Appearances: Lee Stein, Mark Masling, Kristy Lopez, Robert Bartels for Pla; Darrin Delange, James Morrow, Jeanne Garcia-Riley for Dfts. Discovery dispute re: confidentiality of depos hearing held and resolved as stated in Court this date. Counsel is to prepare and Order for the Courts signature regarding what persons are allowed access to the depositions. [cc: JS [80-1] re: minute entry [80-1] (former emp) (Entered: 10/06/1997)

SEALED Document: ME of 10/10/97 (former emp) (Entered: 10/15/1997)

TRANSCRIPT of proceedings by Court Reporter: Gary Moll for the following date(s): 10/6/97 (former emp) (Entered: 10/15/1997)

ORDER by Judge Roslyn O. Silver re: minute entry [80-1], only atys for ptys, their paralegals & legal assistants & crt reporters may attend inmate depos; all inmate depos shall be sealed... (cc: all counsel) (former emp) (Entered: 10/15/1997)

SEALED Document (former emp) (Entered: 11/14/1997)

SEALED Document (former emp) (Entered: 12/02/1997)

NOTICE by dft of service of discovery (former emp) (Entered: 12/12/1997)

MOTION for contempt by Christina Acker [88-1] (former emp) (Entered: 12/15/1997)

SCHEDULING ORDER by Judge Roslyn O. Silver ; discovery due 8/1/98 ; dispositive motions due 9/1/98 ; pretrial order due 9/1/98 (cc: all counsel) (former emp) (Entered: 12/15/1997)

STIPULATION concerning confidentiality of ADOC records (former emp) (Entered: 12/19/1997)

SUPPLEMENTARY exhibits to previously filed motion for contempt by Christina Acker (Note: Christina Acker not a party to the case) (former emp) (Entered: 12/23/1997)

ORDER by Judge Roslyn O. Silver granting stipulation; that dfts provide pla with copies of complete employee files, complete inmate master files & DO 608....; that pla disclose these documents only to their experts retained to testify at trial & return the documents to dfts at the close of this action (cc: all counsel) re: order [92-1] (LAD) (Entered: 12/29/1997)

NOTICE by all dfts of lodging amended order re inmate depositions (LAD) (Entered: 12/31/1997)

NOTICE by all dfts of service of discovery (LAD) (Entered: 01/02/1998)

NOTICE of supplemental disclosure pursuant to FRCivP 26(a) by dft (former emp) Modified on 01/22/1998 (Entered: 01/07/1998)

MINUTE ENTRY Judge Inits: ROS Crt Rptr: Gary Moll Telephonic Appearances: Mark Massling, Jeanne Garcia-Riley, Larry DeRespino. Status hearing held. Ptys advise the Court of the stipulation regarding the depositions. IT IS ORDERED the stipulation is granted. A formal order is signed in Court this date. [cc: JS [97-1] re: minute entry [97-1] (former emp) (Entered: 01/14/1998)

SEALED Document (former emp) (Entered: 01/16/1998)

MOTION for contempt (of court) by Barbara Ruth Cram [100-1], for sanctions (agnst Dep Warden Judy Frigo) [100-2] (former emp) (Entered: 01/16/1998)

NOTICE by dft of lodging 4th amended order regarding inmate depositions (former emp) (Entered: 02/10/1998)

NOTICE by dft of service of discovery (former emp) (Entered: 02/20/1998)

MOTION for request to be allowed materials to communicate with the court by Barbara Ruth Cram [104-1] (former emp) (Entered: 02/27/1998)