Case: Demery v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

Arpaio v. Demery

Supreme Court of the United States

Clint Bolick, Director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation

NOTICE OF REMOVAL from Maricopa County Superior Court Case Number: CV 2001-008827 (summons/complaint). (motion for preliminary injunction incorporated in notice of removal, per Chambers) (SAT) Modified on 02/19/2003 (Entered: 06/05/2001)

MOTION to substitute attorney Carl L Lackey of the Maricopa County Attorney's Office replacing Daniel P Struck of Jones, Skelton & Hochuli by dft Maricopa, County of [2-1] (LAD) (Entered: 06/18/2001)

JOINDER by dft Maricopa, County of to notice of joinder of removal of action [1-2] (LAD) (Entered: 06/18/2001)

MOTION to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1] (LAD) (Entered: 06/20/2001)

RESPONSE by dft Maricopa, County of to plas' motion for issuance of preliminary injunction and application for order to show cause (motion filed in Maricopa County Superior Court on or about 5/24/01) (LAD) (Entered: 06/20/2001)

RESPONSE by dft Joe Arpaio to motion for issuance of preliminary injunction and application to show cause (motion filed in Maricopa County Superior Court on or about 5/24/01) (LAD) (Entered: 06/20/2001)

MOTION to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (LAD) (Entered: 06/20/2001)

NOTICE OF FILING ORIGINAL SIGNED AFFIDAVITS of Capt Tracy Haggard, Shelly Bunn and Deputy Chief Bill Williams and amended affidavit of Capt Darwin Barrie in support of responses to motion for temporary restraining order [6-1], [5-1] by dfts (motion filed in Maricopa County Superior Court) (LAD) (Entered: 06/25/2001)

REQUEST (MOTION) for leave to exceed the page limits for plas' reply to dft Joseph Arpaio's response opposing preliminary injunctive relief [10-1] (former emp) (Entered: 06/27/2001)

REPLY by plas to dft Maricopa County's opposing preliminary injunctive relief (motion for preliminary injunctive relief filed in Maricopa County Superior Court prior to removal) (LAD) Modified on 06/28/2001 (Entered: 06/27/2001)

ORDER by Judge Earl H. Carroll granting motion to substitute attorney Carl L Lackey of the Maricopa County Attorney's Office replacing Daniel P Struck of Jones, Skelton & Hochuli by dft Maricopa, County of [2-1] attorney Daniel Patrick Struck for Maricopa, County of and substituting attorney Carl L Lackey (cc: all counsel) (former emp) (Entered: 06/27/2001)

ORDER by Judge Earl H. Carroll granting motion for leave to exceed the page limits for plas' reply to dft Joseph Arpaio's response opposing preliminary injunctive relief [10-1] (cc: all counsel) (former emp) (Entered: 06/27/2001)

REPLY by plas to dft Joseph Arpaio's response opposing preliminary injunctive relief (motion for preliminary injunctive relief filed in Maricopa County Superior Court prior to removal) (OK to file per order #11 6/27/01 but lodged reply inadvertently not filed by docket clerk; file date remains 6/27/01 but docketed 7/18/01) (LAD) (Entered: 07/18/2001)

MOTION (REQUEST) for 7 days extension of time for filing responses to dft Joseph Arpaio's and dft Maricopa County's separately filed motions to dismiss for failure to state a claim by plas [14-1] (proposed responses not provided) (LAD) (Entered: 07/06/2001)

RESPONSE by dft Joe Arpaio to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/13/2001)

JOINDER by dft Maricopa, County of in dft Arpaio's response in opposition to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/13/2001)

MOTION (REQUEST) to exceed the page limit for doc(s) combined response to separate motions to dismiss for failure to state a claim) by plas [19-1] (proposed combined response lodged at docket clerk's desk) (received motion and lodged document 7/19/01 from Chambers, per MM of EHC copy of motion treated as original) (LAD) (Entered: 07/19/2001)

NOTICE by plas of need for hearing schedule on issue of preliminary injunctive relief (received 9/6/01 from Chambers) (LAD) (Entered: 09/13/2001)

ORDER by Judge Earl H. Carroll granting motion for extension of time for filing responses to dft Joseph Arpaio's and dft Maricopa County's separately filed motions to dismiss for failure to state a claim by plas [14- 1]; responses shall be filed on or before 7/12/01 (cc: all counsel) (former emp) (Entered: 07/16/2001)

ORDER by Judge Earl H. Carroll granting motion to exceed the page limit for doc(s) combined response to separate motions to dismiss for failure to state a claim) by plas [19-1] (proposed combined response lodged at docket clerk's desk) (cc: all counsel) (LAD) (Entered: 07/19/2001)

COMBINED RESPONSE by plas to motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1], motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (OK to file per order #20 7/19/01) (LAD) (Entered: 07/19/2001)

REPLY by plas to response to motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1] (LAD) (Entered: 07/25/2001)

MOTION to strike combined response to motions to dismiss [21-1] by dft Joe Arpaio [23-1] (LAD) (Entered: 07/25/2001)

MOTION for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply not provided) (LAD) (Entered: 07/26/2001)

NOTICE OF WITHDRAWAL by dft Joe Arpaio of motion to strike combined response to motions to dismiss [21-1] by dft Joe Arpaio [23-1] (LAD) (Entered: 07/26/2001)

NOTICE by dft Joe Arpaio of lodging order (re motion for extension of time to file reply in support of motion to dismiss) (LAD) (Entered: 07/26/2001)

JOINDER by dft Maricopa, County of in motion for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply of Maricopa, County of not provided) (LAD) (Entered: 07/30/2001)

NOTICE by dft Maricopa, County of of lodging order (granting joinder in motion for extension of time to file reply in support of motion to dismiss) (LAD) (Entered: 07/30/2001)

ORDER by Judge Earl H. Carroll granting motion for extension of time to file reply in support of motion to dismiss by dft Joe Arpaio [24-1] (proposed reply not provided); dft Arpaio shall have until 8/10/01 to file his reply to motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (cc: all counsel) (LAD) (Entered: 07/30/2001)

ORDER by Judge Earl H. Carroll granting Joinder re: motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1]; dft Maricopa County shall have until 8/10/01 to file its reply in support of its moiton to dismiss (cc: all counsel) (LAD) (Entered: 07/31/2001)

REPLY by dft Joe Arpaio in support of motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] (former emp) (Entered: 08/14/2001)

REPLY by dft Maricopa, County of to response to motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1] (former emp) (Entered: 08/14/2001)

ORDER by Judge Earl H. Carroll motion for preliminary injunction hrg set for 10:15 10/22/01 , before Judge Earl H. Carroll (cc: all counsel) (motion for preliminary injunction has not been filed) (LAD) (Entered: 09/19/2001)

MINUTE ORDER At the request of counsel, IT IS ORDERED continuing prel/perm injunction hrg from 10/22/01 at 10:15 a.m. to 10/29/01 at 4:00 p.m. (cc: all counsel; EHC) [35-2] (MAW) (Entered: 10/03/2001)

NOTICE by plas of dft Maricopa County Sheriff Joseph Arpaio's req for consent to continuance of hearing on preliminary injunctive relief (former emp) (Entered: 10/09/2001)

ORDER by Judge Earl H. Carroll prel/perm injunction hrg re-set for 1:00 11/20/01 (cc: all counsel) (MAP) (Entered: 10/31/2001)

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: DAVID GERMAN. Present: Ulises Ferragut and Cynthia Leyh for plas; Daniel Struck and Cary Lackey for dfts. Hearing held on prel injunction. Exhibits 1 through 5 marked. The parties stiputlate that the state claims may be dismissed without prejudice in federal court; counsel to prepare form of order. Hearing on prel/perm injunction will resume at 1:00PM, 11/30/01; court will try to view new jail prior to the hearing; no objection by counsel. [38] (former emp) Modified on 04/18/2003 (Entered: 11/20/2001)

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: David German. Continued hearing of prelim injunction. Argument heard, IT IS ORDERED taking the matter under advisement. APPEARANCES: Ulises A. Ferragut, Jr. & Cynthis Leyh, Daniel P. Struck for dft Arpaio; Cary Lackey for dft Maricopa County. [74-1] re: minute entry [74-1] (BAH) (Entered: 05/08/2003)

MOTION to file amicus brief in support of pla's complaint by pla [39-1] (proposed document not provided) (LAD) (Entered: 12/14/2001)

ORDER by Judge Earl H. Carroll ; status hearing set for 4:00 5/7/02 , before Judge Earl H. Carroll (cc: all counsel) (LAD) (Entered: 05/02/2002)

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Bill McNutt. Status hearing held. Counsel for Joseph Arpio to submit memorandum or motion re: mutenes of plaintiff's claims NLT 5/17/02. Further briefing to be submitted in accordance to local rules of civil procedure. [41-2] (BAH) (Entered: 05/07/2002)

MEMORANDUM by dft Joe Arpaio re mootness (LAD) (Entered: 05/22/2002)

RESPONSE by plas to memorandum re mootness [42-1] (LAD) (Entered: 05/30/2002)

REPLY by dft Joe Arpaio in support of memorandum re mootness [42-1] (LAD) (Entered: 06/12/2002)

Original signed AFFIDAVIT of Andrea Bermea by dft Joe Arpaio (former emp) (Entered: 07/01/2002)

NOTICE OF WITHDRAWAL OF COUNSEL Cary L. Lackey (ATTORNEY SUBSTITUTION): terminating attorney Cary LaMar Lackey for Maricopa, County of, attorney Cary LaMar Lackey for Maricopa, County of and substituting attorney Richard A Stewart (former emp) (Entered: 07/01/2002)

ORDER by Judge Earl H. Carroll denying motion to split state claims from federal claims (remanding state claims to state court) by plas [12-1]; the only claims before the Court are plas' federal claims, number 5 through 13; denying motion to dismiss case (pursuant to Rule 12(b)(6) and for the reason that plas' complaint fails to state a claim upon which relief can be granted) by dft Maricopa, County of [4-1]; FURTHER ORDERED that pla file a supplemental brief in accordance with this order within 30 days from the date of this order; dfts shall have 20 days to file a response and plas shall have 10 days to file a reply; denying motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1] without prejudice to refiling [1- 2]; denying motion to file amicus brief in support of pla's complaint by pla [39-1] without prejudice to refiling (cc: all counsel) (LAD) (Entered: 08/29/2002)

MOTION (REQUEST) for extension of time for filing additional brief addressing class certification and applicability within the context of preliminary injunction relief by plas [48-1] (proposed additional brief not provided) (LAD) (Entered: 09/23/2002)

ORDER by Judge Earl H. Carroll granting motion for extension of time for filing additional brief addressing class certification and applicability within the context of preliminary injunction relief by plas [48-1] (proposed additional brief not provided); plas shall have 30 days in which to file a brief addressing the issues specified by the Court in its order of 8/29/02 (cc: all counsel) (LAD) (Entered: 10/03/2002)

Supplemental Brief Regarding Request for Preliminary Injunctive Relief FILED by pla (TCA) (Entered: 11/12/2002)

SUPPLEMENTAL BRIEF addressing PLRA issues by dft Joe Arpaio (LAD) (Entered: 11/29/2002)

ATTORNEY SUBSTITUTION: terminating attorney Richard A Stewart for Maricopa, County of and substituting attorney Michael G Sullivan (LAD) (Entered: 11/29/2002)

JOINDER by dft Maricopa, County of to supplemental brief addressing PLRA issues [51-1] (LAD) (Entered: 11/29/2002)

MOTION for leave to file late reply in support of supplemental request for preliminary injunctive relief by plas [54-1] (reply filed concurrently with this motion) (LAD) (Entered: 12/17/2002)

REPLY in support of supplemental request for preliminary injunctive relief by plas (LAD) (Entered: 12/17/2002)

ORDER by Judge Earl H. Carroll granting motion for leave to file late reply in support of supplemental request for preliminary injunctive relief by plas [54-1] (reply filed concurrently with this motion) (cc: all counsel) (LAD) (Entered: 01/06/2003)

MOTION requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1] (LAD) (Entered: 01/13/2003)

NOTICE by plas of no objection to dft Arpaio filing (late) response to pla's request for leave to file a late reply in support of supplemental request for preliminary injunctive relief (DMT) (Entered: 01/30/2003)

REPLY by dft Joe Arpaio to response to motion requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1] (SAT) (Entered: 02/03/2003)

ORDER by Judge Earl H. Carroll: the parties may renew their motion for preliminary injunction [1-2] and motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft Joe Arpaio [7-1]; granting motion requesting Court to order plas to serve dfts with pleadings in a timely manner by dft Joe Arpaio [57-1]; plas and dfts shall hand-deliver or fax pleadings to the opposing party's counsel on the same day the pleadings are filed with the Court (cc: all counsel) (LAD) (Entered: 02/19/2003)

MOTION (renewed) to dismiss as to dft Joe Arpaio by dft Joe Arpaio [61-1] (LAD) (Entered: 02/24/2003)

MOTION (renewed) to dismiss as to dft Maricopa, County of by dft Maricopa, County of [62-1] (LAD) (Entered: 02/25/2003)

MOTION (renewed) for preliminary injunction against dfts by plas [63- 1] (LAD) (Entered: 03/06/2003)

ORDER by Judge Earl H. Carroll granting in part and denying in part the motion (renewed) to dismiss as to dft Joe Arpaio by dft Joe Arpaio [61- 1]; granting in part and denying in part the motion (renewed) to dismiss as to dft Maricopa, County of by dft Maricopa, County of [62-1]; counts 6, 8, 9, 10, 11 and 12 of the plas' complaint and plas' claim for punitive damages are dismissed; granting (renewed) for preliminary injunction against dfts by plas [63-1]; Sheriff Arpaio is enjoined from placing and using in Madison Street Jail web cameras that broadcase images to the Internet (cc: all counsel) (LAD) (Entered: 03/11/2003)

DEMAND for jury trial by dft Joe Arpaio (CMM) (Entered: 03/27/2003)

ANSWER to [1-2] by dft Joe Arpaio; jury demand (CMM) (Entered: 03/27/2003)

ANSWER to complaint [1-2] by dft Maricopa, County of; jury demand (LAD) (Entered: 03/28/2003)

NOTICE of Interlocutory Appeal by Joe Arpaio from District Court order [64-1], re: preliminary injunction (cc: 9CCA/all counsel/judge) (LSP) Modified on 12/17/2004 (Entered: 04/11/2003)

Received $105.00 appeal fee re NOTICE of Interlocutory Appeal [68-1] (LSP) Modified on 04/14/2003 (Entered: 04/11/2003)

APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/14/2003)

Transcript Designation and Ordering Form by dft Joe Arpaio, dft Maricopa, County of re NOTICE of Interlocutory Appeal [68-1]; ordering transcripts for hearings of 11/20/01, 11/30/01 and 5/7/02 (NOTE: minutes for hearing of 11/30/01 not on docket) (REW) (Entered: 04/18/2003)

Court Reporter's Transcript of Proceedings of preliminary injunction by Court Reporter: David German for the following date(s): 11/20/01 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/23/2003)

Court Reporter's Transcript of Proceedings of preliminary injunction by Court Reporter: David German for the following date(s): 11/30/01 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 04/23/2003)

Transcript Designation and Ordering Form by dft Maricopa, County of, dft Joe Arpaio re NOTICE of Interlocutory Appeal [68-1]; ordering transcript for hearing of 5/7/02 (REW) (Entered: 05/02/2003)

Court Reporter's Transcript of Proceedings of Status Hearing by Court Reporter: Bill McNutt for the following date(s): 5/7/02 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/05/2003)

Certificate of Record Transmitted to 9th Circuit NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/05/2003)

Notification by 9th Circuit of Appellate Docket Number 03-15698 re NOTICE of Interlocutory Appeal [68-1] (REW) (Entered: 05/06/2003)

Copy of 9th Circuit Order; this is a preliminary injunction appeal and Rule 3-3 applies; if they have not already done so, within 7 days, the parties shall make arrangements to obtain transcripts in the district court which will be included in the record on appeal; briefing schedule reset; if appellant fails to timely file the opening brief, this appeal will be dismissed automatically by clerk for failure to prosecute; this appeal and any motions pending when briefing is completed shall be referred to the next available motions panel for disposition, re: 03-15698 [68-1] (cc: judge/BAS) (REW) (Entered: 05/15/2003)

Copy of 9th Circuit Order; this is a preliminary injunction appeal; remaining briefing schedule reset; if appellant fails to timely file the opening brief, this appeal will be dismissed automatically by clerk for failure to prosecute, re: 03-15698 [68-1] (cc: judge) (REW) (Entered: 06/20/2003)

Copy of 9th Circuit Order; this is a preliminary injunction appeal; remaining briefing schedule reset, re: 03-15698 [68-1] (cc: judge) (REW) (Entered: 07/22/2003)

Copy of 9th Circuit Order; this preliminary injunction appeal referred to the next available merits panel for disposition; it shall be placed on the calendar in San Francisco during the week of 12/1/03, re: 03-15698 [68- 1] (cc: judge) (REW) (Entered: 09/25/2003)

Notice of ATTORNEY APPEARANCE for all plas by Scott Adam Ambrose (REW) (Entered: 11/04/2003)

Clerk's record on appeal transmitted to 9th Circuit re NOTICE of Interlocutory Appeal [68-1]; 2 volumes clerk's record; 3 transcripts (#70, 71, 73) in one expando (REW) (Entered: 11/18/2003)

CERTIFIED COPY of 9th Circuit Mandate affirming the decision of the District Court, re: 03-15698 (cc: all counsel/judge) (REW) (Entered: 11/02/2004)

Copy of 9th Circuit Order; appellees' motion for award of attorneys' fees on appeal granted; the amount of the attorneys' fees award is referred to the Appellate Commissioner, re: 03-15698 [68-1] (cc: judge) (REW) Modified on 12/22/2004 (Entered: 12/17/2004)

Request sent for USDC file to be returned from 9th Circuit (REW) (Entered: 02/01/2005)

Original Record Returned from 9th Circuit re NOTICE of Interlocutory Appeal [68-1]; 2 volumes clerk's record; 3 transcripts (#70, 71, 73) in one expando (REW) (Entered: 03/15/2005)

MINUTE ORDER IT IS ORDERED setting a status hearing for Monday, June 13, 2005 at 10:30 a.m. (cc: all counsel) [82-2] (BAH) (Entered: 05/11/2005)

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Appearances: Scott Ambrose for pla., Daniel Struck for dfts. Status hearing held. Further status hearing set for Monday, September 12, 2005 at 9:30 a.m. [83-2] (BAH) (Entered: 06/13/2005)

Copy of document number 84, mailed to Ulises Ferragut & Cynthia Ann Leyh on this date. (BAH) (Entered: 09/12/2005)

ORDER Status Conference set for 10/20/2005 01:30 PM before Judge Earl H Carroll.. Signed by Judge Earl H Carroll on 9/12/05. (MAP, ) (Entered: 09/14/2005)

Minute Order to correct the Order issued 9/12/05 (Dkt. 85), setting the hearing for Thursday 10/20/2005 at 01:30 PM before Judge Earl H Carroll. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (APJ, ) (Entered: 09/14/2005)

Copy of document number 85, mailed to Ulises Ferragut, Andrea Kravets, Carey LeMar Lackey, Cynthia Ann Leyh on this date. (MAP, ) (Entered: 09/14/2005)

MOTION to Dismiss Party Sheriff Joe Arpaio by Joe Arpaio. (Holsman, Jennifer) (Entered: 09/16/2005)

NOTICE of Appearance by Daniel Patrick Struck on behalf of Maricopa, County of (Struck, Daniel) (Entered: 09/21/2005)

Notice re of Clarification by Joe Arpaio, Maricopa, County of re 87 MOTION to Dismiss Party Sheriff Joe Arpaio (Struck, Daniel) (Entered: 09/27/2005)

STIPULATION re [66] Answer to Complaint, [67] Answer to Complaint by Joe Arpaio, Maricopa, County of. (Struck, Daniel) (Entered: 09/28/2005)

Joinder re 87 MOTION to Dismiss Party Sheriff Joe Arpaio by Defendant Maricopa, County of. (Struck, Daniel) (Entered: 09/29/2005)

MOTION for Partial Summary Judgment On Behalf Of All Plaintiffs by Jamie Demery. (Ambrose, Scott) (Entered: 10/05/2005)

STATEMENT of Statement of Facts Supporting Plaintiffs' Motion for Partial Summary Judgment re 92 MOTION for Partial Summary Judgment On Behalf Of All Plaintiffs by Plaintiff Jamie Demery. (Attachments: # 1 # 2 # 3)(Ambrose, Scott) (Entered: 10/05/2005)