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Since this appears to be a very large docket, we will only show 500 entries at at time.
Page 1 • Page 2
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 516 |
Filed: 9/8/2022, Entered: None |
USCA Mandate |
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 Request |
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| 514 |
Filed: 5/11/2021, Entered: 5/11/2021 |
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USCA Case Number re: 513 Notice of Appeal. Case number 21-15833, Ninth Circuit. (DXD)
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Request |
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| 513 |
Filed: 5/6/2021, Entered: 5/6/2021 |
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NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 511 Order on Motion for New Trial, Order on Motion for Judgment, 478 Judgment, 278 Order on Motion for Summary Judgment by 9ABED4D. Filing fee received: $ 505.00, receipt number 0970-19437260. (Don, David)
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Request |
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| 512 |
Filed: 4/23/2021, Entered: 4/23/2021 |
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Taxation Judgment in amount of $ 20,905.58 against Plaintiff. Chief Deputy Clerk Michael O'Brien on April 23, 2021 (NEC)
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Request |
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 511 |
Filed: 4/20/2021, Entered: 4/20/2021 |
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ORDER denying Plaintiff's 502 motion for judgment notwithstanding the verdict and new trial. See attachment for details. Signed by Senior Judge David G Campbell on 4/20/2021. (CLB)
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| 510 |
Filed: 1/25/2021, Entered: 1/25/2021 |
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*REPLY to Response to Motion (Titled: Motion for Judgment Notwithstanding the Verdict and New Trial) re: 502 MOTION for New Trial MOTION for Judgment filed by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Don, David) *Modified on 1/26/2021 (REK).
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Request |
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| 509 |
Filed: 1/12/2021, Entered: 1/12/2021 |
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ORDER granting 508 Stipulation re: 502 MOTION for New Trial. Plaintiff shall reply to Defendant's Response to Plaintiff's motion for new trial on or before January 25, 2021. Signed by Senior Judge David G Campbell on 1/12/2021. (CLB)
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Request |
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| 508 |
Filed: 1/11/2021, Entered: 1/11/2021 |
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STIPULATION re: 507 Response to Motion FOR EXTENSION OF TIME TO FILE REPLY by 9ABED4D. (Lamm, Jason)
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Request |
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| 507 |
Filed: 1/7/2021, Entered: 1/7/2021 |
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RESPONSE to Motion re: 502 MOTION for New Trial MOTION for Judgment filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Exhibits A - I, # 2 Exhibit Exhibits J - S)(Novak, Edward)
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Request |
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| 506 |
Filed: 1/4/2021, Entered: 1/4/2021 |
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ORDER granting 504 Stipulation re: 502 MOTION for New Trial filed by 9ABED4D. Defendant State of Arizona shall respond to Plaintiff's motion for new trial on or before January 8, 2021. Signed by Senior Judge David G Campbell on 1/4/2021. (CLB)
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Request |
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| 505 |
Filed: 12/18/2020, Entered: 12/18/2020 |
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RESPONSE to OBJECTION to BILL OF COSTS Defendant State of Arizonas Response in Opposition to Plaintiffs Objection to Bill of Costs re: 503 by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, 8A4059B, Jennifer Pinnow. (Novak, Edward)
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Request |
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| 504 |
Filed: 12/18/2020, Entered: 12/18/2020 |
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STIPULATION re: 502 MOTION for New Trial MOTION for Judgment Stipulation for Extension of Time for Defendant State of Arizona to File Response in Opposition to Plaintiffs Motion for New Trial by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Text of Proposed Order)(Novak, Edward)
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Request |
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| 503 |
Filed: 12/17/2020, Entered: 12/17/2020 |
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OBJECTION/ANSWER/RESPONSE to BILL OF COSTS re: 496 by 9ABED4D. (Don, David)
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Request |
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| 502 |
Filed: 12/16/2020, Entered: 12/16/2020 |
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*MOTION for New Trial, MOTION for Judgment Notwithstanding the Verdict by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7, # 8 Exhibit EXHIBIT 8)(Lamm, Jason). *Added MOTION for Judgment on 12/17/2020 (REK).
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Request |
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| 501 |
Filed: 12/16/2020, Entered: 12/16/2020 |
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ORDER granting 500 Motion for Extension of Time. Plaintiff may respond or object to the Application for Costs filed by the Defendant on or before Friday, December 18, 2020. Signed by Senior Judge David G Campbell on 12/16/2020. (CLB)
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Request |
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| 500 |
Filed: 12/14/2020, Entered: 12/14/2020 |
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*Stipulated MOTION for Extension of Time to File Response/Reply re: 496 Bill of Costs by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason) *Modified event, text, and added document link on 12/15/2020 (REK).
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Request |
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| 499 |
Filed: 12/9/2020, Entered: 12/9/2020 |
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AMENDED TRANSCRIPT REQUEST pursuant to 498 Notice of Deficiency by 9ABED4D for proceedings held on 10/28/2020-11/4/2020, Judge David G Campbell hearing judge(s). (Don, David)
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Request |
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| 498 |
Filed: 12/9/2020, Entered: 12/9/2020 |
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NOTICE TO FILER OF DEFICIENCY re: AO435 497 Transcript Request filed by 9ABED4D. Item 18 - ORDER: (CATEGORY) No category box was checked. FOLLOW-UP ACTION REQUIRED: Please refile with appropriate category box checked for delivery time. 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. (RAP)
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| 497 |
Filed: 12/9/2020, Entered: 12/9/2020 |
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TRANSCRIPT REQUEST by 9ABED4D for proceedings held on 10/28/2020-11/4/2020, Judge David G Campbell hearing judge(s). (Don, David)
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Request |
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| 496 |
Filed: 12/1/2020, Entered: 12/1/2020 |
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BILL OF COSTS by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 495 |
Filed: 11/19/2020, Entered: 11/25/2020 |
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NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TRIAL - DAY 5 (A.M. SESSION) proceedings held on 11/03/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. Amended to correct date of proceeding on title page. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 494 |
Filed: 11/19/2020, Entered: 11/25/2020 |
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NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TRIAL - DAY 4 (A.M. SESSION) proceedings held on 11/02/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. Amended to correct date of proceeding on title page. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 493 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 8 (VERDICT) proceedings held on 11/06/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 492 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 (P.M. SESSION) proceedings held on 11/05/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 491 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 7 (A.M. SESSION) proceedings held on 11/05/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 490 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 (P.M. SESSION) proceedings held on 11/04/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 489 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 6 (A.M. SESSION) proceedings held on 11/04/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 488 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 (P.M. SESSION) proceedings held on 11/03/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 487 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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*(AMENDED TRANSCRIPT FILED AT DOC. 495 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 5 (A.M. SESSION) proceedings held on 11/02/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP) *Modified to reference amended version and create docket entry relationship on 11/25/2020 (RAP).
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Request |
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| 486 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 4 (P.M. SESSION) proceedings held on 11/02/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 485 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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*(AMENDED TRANSCRIPT FILED AT DOC. 494 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 4 (A.M. SESSION) proceedings held on 11/01/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP) *Modified to reference amended version and create docket entry relationship on 11/25/2020 (RAP).
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Request |
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| 484 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 (P.M. SESSION) proceedings held on 10/30/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 483 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 3 (A.M. SESSION) proceedings held on 10/30/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 482 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 2 (P.M. SESSION) proceedings held on 10/29/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 481 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 2 (A.M. SESSION) proceedings held on 10/29/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 480 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - DAY 1 (P.M. SESSION) proceedings held on 10/28/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Linda Schroeder, Telephone number (602) 322-7249]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 479 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of TRIAL - DAY 1 - A.M. SESSION (Plaintiff Opening Statement) proceedings held on 10/28/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 12/9/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/16/2021. (RAP)
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Request |
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| 478 |
Filed: 11/18/2020, Entered: 11/18/2020 |
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ENTRY OF JUDGMENT ON JURY VERDICT: IT IS ORDERED that in accordance with the jury verdict rendered on the Plaintiff's claims for false arrest and false imprisonment, judgment is entered in favor of the Defendant, and Plaintiff's claims are dismissed with prejudice. Signed by Senior Judge David G Campbell on 11/17/2020. (REK)
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Request |
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| 477 |
Filed: 11/16/2020, Entered: 11/16/2020 |
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*RESPONSE in Opposition to 471 Defendant's Proposed Form of Judgment by Plaintiff 9ABED4D. (Lamm, Jason) *Modified to add document link on 11/17/2020 (REK).
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Request |
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| 476 |
Filed: 11/10/2020, Entered: 11/10/2020 |
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TRANSCRIPT REQUEST Re: Christopher Kalkowski by 9ABED4D for proceedings held on Nov 3-4, 2020, Judge David G Campbell hearing judge(s). (Don, David)
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Request |
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| 475 |
Filed: 11/10/2020, Entered: 11/10/2020 |
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TRANSCRIPT REQUEST AMENDED by 9ABED4D for proceedings held on 11/3/20, Judge David G Campbell hearing judge(s). (Lamm, Jason)
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Request |
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| 474 |
Filed: 11/10/2020, Entered: 11/10/2020 |
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NOTICE TO FILER OF DEFICIENCY re: AO435 473 Transcript Request filed by 9ABED4D. Item 18 - ORDER: (CATEGORY) No category box was checked. FOLLOW-UP ACTION REQUIRED: Please refile with appropriate category box checked for delivery time. 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. (RAP)
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| 473 |
Filed: 11/10/2020, Entered: 11/10/2020 |
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TRANSCRIPT REQUEST by 9ABED4D for proceedings held on 11/3/20, Judge David G Campbell hearing judge(s). (Lamm, Jason)
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Request |
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| 472 |
Filed: 11/9/2020, Entered: 11/9/2020 |
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ORDER. Plaintiff shall, within 7 days of this order, file a memorandum stating his views of the proposed form of judgment lodged by Defendant. Doc. 471 . Signed by Senior Judge David G Campbell on 11-9-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 471 |
Filed: 11/9/2020, Entered: 11/9/2020 |
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NOTICE re: NOTICE OF PROPOSED FORM OF JUDGMENT ON JURY VERDICT by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Attachments: # 1 Exhibit A)(Novak, Edward)
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Request |
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| 470 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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EXHIBIT RETURN: The exhibits marked and/or admitted in the above entitled case at the time of the Jury Trial are returned to respective counsel. Counsel are directed to retain custody of the exhibits until the case is completely terminated, including all appeals. (CLB)
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Request |
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| 469 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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JURY VERDICT. (CLB)
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Request |
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| 468 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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MINUTE ORDER: CERTIFICATION OF TRIAL EXHIBITS FOR JURY DELIBERATION (CLB)
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Request |
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| 467 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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Exhibit List by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (CLB)
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Request |
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| 466 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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Exhibit List by 9ABED4D. (CLB)
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Request |
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| 465 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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Witness List by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (CLB)
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Request |
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| 464 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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Witness List by 9ABED4D. (CLB)
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Request |
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| 463 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 8) completed on 11/6/2020. (Court Reporter Patricia Lyons.) See attached PDF for complete details. Hearing held 10:24 a.m. to 10:31 a.m. (CLB)
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Request |
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| 462 |
Filed: 11/5/2020, Entered: 11/6/2020 |
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*MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 7) held on 11/5/2020. Defendant makes an oral Rule 50 motion. The motion is denied. Trial will reconvene on 11/6/2020 at 9:00 a.m. for deliberations. (Court Reporter Patricia Lyons(am)/Linda Schroeder(pm).) See attached PDF for complete details. Hearing held 8:34 a.m. to 4:55 p.m. (CLB) *Modified on 11/6/2020 (CLB).
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Request |
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| 461 |
Filed: 11/5/2020, Entered: 11/5/2020 |
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Final Jury Instructions. (DGC, nvo)
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Request |
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| 460 |
Filed: 11/4/2020, Entered: 11/5/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 6) held on 11/4/2020. Trial will reconvene on 11/5/2020. (Court Reporter Patricia Lyons(am)/Linda Schroeder (pm).) See attached PDF for complete details. Hearing held 8:31 a.m. to 5:20 p.m. (CLB)
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Request |
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| 459 |
Filed: 11/4/2020, Entered: 11/4/2020 |
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ORDER. At the close of trial today, the Court and parties discussed what evidence Plaintiff could present during its rebuttal case on a specific subject -- another crime committed with a High Point C9. The Court concluded that Plaintiff should be permitted to present evidence that one of the data bases searched by Defendant included a murder committed on August 15, 2020, using a C9. The Court viewed this testimony as relevant because Baroldy and Foster testified that they searched law enforcement data bases and found no other crimes committed with a C9. Plaintiff argued that additional details of the murder, including a link between the murder victim and an individual whose gun was identified in the pawn data base, should be admitted. Plaintiff argued that Foster had testified that a thorough background search was done of each C9 owner in the pawn data base, and argued that such a search would have linked to the murder in the COPS and other data bases. The Court found that Foster testimony this evening, but it was elicited by Plaintiff's counsel through leading questions on cross-examination; it was not part of the evidence presented by Defendant in support of probable cause. The Court has previously excluded evidence that Defendant failed to investigate the alleged murder perpetrator in the pawn data base and his multiple crimes, and has also ruled that the only evidence relevant to probable cause is evidence known to Defendant before the arrest or during the detention. No evidence shows that Defendant knew of the C9 murder or its link to an individual in the pawn data base. In rebuttal, therefore, Plaintiff may present evidence that one of the data bases searched by Defendant included a murder committed on August 15, 2020, using a C9. This evidence is fairly responsive to the testimony of Baroldy and Foster that they searched law enforcement data bases and found no other crimes committed with a C9. No further details of the crime or its alleged link to the pawn data base will be permitted. The Court concludes that the additional facts are not relevant because no evidence supports a finding that they were known to Defendant before the arrest or during the detention. Fed. R. Evid. 104(b). Signed by Senior Judge David G Campbell on 11-4-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 458 |
Filed: 11/3/2020, Entered: 11/4/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 5) held on 11/3/2020. Trial will reconvene on 11/4/2020 at 8:30 a.m. (Court Reporter Patricia Lyons(am)/Linda Schroeder(pm).) See attached PDF for complete details. Hearing held 8:30 a.m. to 4:41 p.m. (CLB)
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Request |
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| 457 |
Filed: 11/2/2020, Entered: 11/3/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 4) held on 11/2/2020. Trial will reconvene on 11/3/2020 at 8:30 a.m. (Court Reporter Patricia Lyons(am)/Linda Schroeder(pm).) See attached PDF for complete details. Hearing held 8:30 AM to 5:20 PM.(CLB)
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Request |
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| 456 |
Filed: 11/2/2020, Entered: 11/2/2020 |
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TRANSCRIPT REQUEST by 9ABED4D for proceedings held on October 29, 2020, Judge David G Campbell hearing judge(s). (Lamm, Jason)
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Request |
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| 455 |
Filed: 11/2/2020, Entered: 11/2/2020 |
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NOTICE re: JOINT NOTICE RE DEPOSITION OF GLENN 9ABED4D, SR. by 9ABED4D. (Lamm, Jason)
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Request |
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| 454 |
Filed: 10/31/2020, Entered: 10/31/2020 |
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AMENDED ORDER re: 453 (to include date and signature) Order re Court's revised probable cause jury instruction. Signed by Senior Judge David G Campbell on 10/31/2020. (DGC, nvo)
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Request |
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| 453 |
Filed: 10/31/2020, Entered: 10/31/2020 |
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*AMENDED by Doc. 454 - ORDER re revised probable cause jury instruction. Signed by Senior Judge David G Campbell on 10/31/2020. (DGC, nvo) *Modified on 11/2/2020 (CLB).
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Request |
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| 452 |
Filed: 10/30/2020, Entered: 10/30/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 3) held on 10/30/2020. Trial will reconvene on 11/2/2020 at 8:30 a.m. (Court Reporter Patricia Lyons(am)/Linda Schroeder(pm).) See attached PDF for complete details. Hearing held 8:33 a.m. to 4:31 p.m. (CLB) *Modified on 11/3/2020 to add text regarding court reporters* (CLB).
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Request |
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| 451 |
Filed: 10/30/2020, Entered: 10/30/2020 |
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NOTICE re: JOINT NOTICE RE: DEPOSITION OF GLENN 9ABED4D SR by 9ABED4D. (Lamm, Jason)
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Request |
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| 450 |
Filed: 10/29/2020, Entered: 10/30/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 2) held on 10/29/2020. Trial will reconvene on 10/30/2020 at 8:30 a.m. (Court Reporter Patricia Lyons (am)/Linda Schroeder (pm).) See attached PDF for complete details. Hearing held 8:46 a.m. to 4:30 p.m..(CLB)
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Request |
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| 448 |
Filed: 10/29/2020, Entered: 10/29/2020 |
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MEMORANDUM DEFENDANT STATE OF ARIZONAS BENCH MEMORANDUM: OFFER TO TAKE POLYGRAPH by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 447 |
Filed: 10/28/2020, Entered: 10/28/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Jury Trial (Day 1) begun on 10/28/2020. Voir Dire conducted and jury is sworn. Trial will reconvene on 10/29/2020 at 8:45 a.m. (Court Reporter Patricia Lyons(am)/Linda Schroeder(pm).) See attached PDF for complete details. Hearing held 8:33 AM to 4:36 PM.(CLB)
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Request |
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| 446 |
Filed: 10/28/2020, Entered: 10/28/2020 |
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Preliminary Jury Instructions. (DGC, nvo)
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Request |
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| 445 |
Filed: 10/27/2020, Entered: 10/27/2020 |
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Court's Proposed Final Jury Instructions and Verdict. (DGC, nvo)
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Request |
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| 444 |
Filed: 10/27/2020, Entered: 10/27/2020 |
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ORDER re: 440 Notice (Other) filed by 9ABED4D. Deposition designations. Signed by Senior Judge David G Campbell on 10/26/2020. (DGC, nvo)
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| 442 |
Filed: 10/26/2020, Entered: 10/26/2020 |
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NOTICE re: JOINT NOTICE OF FILING OF DEPOSITION EXCERPTS OF EDDINA SAUCEDA by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Novak, Edward)
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Request |
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| 441 |
Filed: 10/25/2020, Entered: 10/25/2020 |
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ORDER. Attached is the Court's further revised statement of the case. Signed by Senior Judge David G Campbell on 10/25/2020. (DGC, nvo)
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Request |
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| 443 |
Filed: 10/23/2020, Entered: 10/26/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Status Conference held on 10/23/2020. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 9:04 AM to 11:22 AM.(CLB)
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Request |
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| 440 |
Filed: 10/23/2020, Entered: 10/23/2020 |
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NOTICE re: JOINT NOTICE OF FILING OF DEPOSITION DESIGNATIONS by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3)(Lamm, Jason)
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Request |
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| 439 |
Filed: 10/23/2020, Entered: 10/23/2020 |
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ORDER re jurors excused for hardship and cause and jurors to appear for voir dire. Signed by Senior Judge David G Campbell on 10/23/2020. (DGC, nvo)
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Request |
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| 449 |
Filed: 10/22/2020, Entered: 10/29/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings held on 10/09/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021. (RAP) Modified to correct filing date on 10/29/2020 (RAP).
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Request |
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| 438 |
Filed: 10/22/2020, Entered: 10/22/2020 |
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ORDER granting 390 Motion for Reconsideration to preclude testimony of Lisa Peloza. Signed by Senior Judge David G Campbell on 10/22/2020.(DGC, nvo)
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| 437 |
Filed: 10/22/2020, Entered: 10/22/2020 |
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ORDER re August 29 call. Signed by Senior Judge David G Campbell on 10/22/2020. (DGC, nvo)
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| 436 |
Filed: 10/20/2020, Entered: 10/20/2020 |
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ORDER: The Court has received inquiries from the public who wish to listen to the October 28 through November 6, 2020, jury trial. Although the standard is that federal district courts may not broadcast their proceedings, the Executive Committee of the Judicial Conference has issued a guidance document that "approve[s] a temporary exception to the policy to allow a judge to authorize the use of teleconference technology to provide the public and the media audio access to court proceedings while public access to federal courthouses generally, or with respect to a particular district, is restricted due to health and safety concerns during the Coronavirus Disease (COVID-19) pandemic." In light of this authorization and restricted space in the courtroom due to pandemic-related health precautions, public audio access to the trial will be permitted. Members of public or of the media seeking access are directed to email AZD-PIO@azd.uscourts.gov to obtain dialing instructions. Pursuant to Local Rule 43.1, participants are reminded that audiotaping, broadcasting, or rebroadcasting of court proceedings is prohibited. Ordered by Senior Judge David G Campbell on 10/20/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 435 |
Filed: 10/20/2020, Entered: 10/20/2020 |
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ORDER re jurors the Court intends to excuse for hardship. Signed by Senior Judge David G Campbell on 10/20/2020. (DGC, nvo)
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Request |
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| 434 |
Filed: 10/19/2020, Entered: 10/19/2020 |
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*REPLY to RESPONSE re: 429 MEMORANDUM re: Admissibility of Phone Information Possessed Before Arrest by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lamm, Jason) *Modified to add document link and clarify text on 10/20/2020 (SLQ).
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Request |
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| 433 |
Filed: 10/19/2020, Entered: 10/19/2020 |
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TRANSCRIPT REQUEST by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert for proceedings held on 10/28/20 - 11/06/20, Judge David G Campbell hearing judge(s). (Novak, Edward)
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Request |
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| 432 |
Filed: 10/19/2020, Entered: 10/19/2020 |
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ORDER. The flash drives containing the jury questionnaire responses are ready to be picked up at the Jury Office of the District Court. Each side will be provided one (1) flash drive. A representative from each side must present a copy of this Order to the Jury Clerk at which time the Jury Clerk will provide counsel with the flash drive containing the questionnaire responses the Court has received to date. If the parties' representative does not present a copy of this Order to the Jury Clerk, the Jury Clerk will not release the flash drive to them. Signed by Senior Judge David G Campbell on 10/19/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 431 |
Filed: 10/18/2020, Entered: 10/18/2020 |
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RESPONSE re: 429 Memorandum Re Cell Phones Records, Texts and Cell Site Data by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Exhibits A-J)(Novak, Edward)
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Request |
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| 429 |
Filed: 10/16/2020, Entered: 10/16/2020 |
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*MEMORANDUM RE: Admissibility of Phone Information Possessed Before Arrest by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Lamm, Jason) *Modified text to streamline docket on 10/19/2020 (SLQ).
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Request |
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| 430 |
Filed: 10/15/2020, Entered: 10/16/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 10/15/2020. Plaintiff's memorandum on the admissibility of the phone information possessed before Plaintiff's arrest is due 10/16/2020. Defendant's response due 10/18/2020. Plaintiff's reply due 10/19/2020. APPEARANCES: Telephonic appearance by Jason Lamm and David Don for Plaintiff. Telephonic appearance by Edward Novak for Defendants. (Court Reporter Elva Cruz-Lauer.) Hearing held 3:00 PM to 3:44 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 428 |
Filed: 10/15/2020, Entered: 10/15/2020 |
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NOTICE: The Court has revised the statement of the case contained in the Court's Proposed Preliminary Jury Instructions. The parties shall review the Court's revised statement of the case and be prepared to discuss the revised statement of the case at the hearing on 10/23/2020. (DGC, nvo)
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Request |
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| 427 |
Filed: 10/15/2020, Entered: 10/15/2020 |
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MINUTE ORDER: The Status Conference set for 10/23/2020 at 09:00 AM will be held in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. This is a change in courtroom only. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 426 |
Filed: 10/14/2020, Entered: 10/14/2020 |
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*Sur-REPLY re: 390 MOTION for Reconsideration re: 387 Order on Motion in Limine DEFENDANT STATE OF ARIZONAS SUR-REPLY IN OPPOSITION TO PLAINTIFFS MOTION TO PRECLUDE THE TESTIMONY OF LISA PELOZA by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-4)(Novak, Edward) *Modified to correct event on 10/15/2020 (REK).
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Request |
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| 425 |
Filed: 10/13/2020, Entered: 10/13/2020 |
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ORDER: At the request of counsel, the Court has set a telephonic hearing for 10/15/2020 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall provide a dial-in number for use in the call. Counsel for Plaintiff shall provide the dial-in number no later than 12:00 noon on 10/14/2020. Signed by Senior Judge David G Campbell on 10/13/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 424 |
Filed: 10/13/2020, Entered: 10/13/2020 |
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TRANSCRIPT REQUEST by Arizona, State of for proceedings held on 10/09/2020, Judge David G Campbell hearing judge(s). (Novak, Edward)
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Request |
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| 423 |
Filed: 10/9/2020, Entered: 10/13/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Final Pretrial Conference held on 10/9/2020. IT IS ORDERED taking under advisement 390 Motion for Reconsideration pending sur-reply; finding as moot 407 Cross-Motion regarding Notation of Clearance; granting 409 Motion to Amend Joint Pretrial Order; granting 410 Motion to Allow Defendant's Witness to Appear by Video; granting in part and denying in part 411 Motion to Strike; or in the Alternative Motion for Leave to File Sur-Reply; granting 412 Motion to Amend Joint Pretrial Order; granting 420 Motion to Amend Final Pretrial Order. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 1:05 PM to 3:15 PM.(CLB)
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Request |
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| 422 |
Filed: 10/9/2020, Entered: 10/9/2020 |
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NOTICE re: OF FILING by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1)(Lamm, Jason)
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Request |
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| 421 |
Filed: 10/9/2020, Entered: 10/9/2020 |
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Court's proposed preliminary jury instructions and voir dire. Signed by Senior Judge David G Campbell on 10/9/2020. (Attachments: # 1 abbreviated voir dire)(DGC, nvo)
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Request |
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| 420 |
Filed: 10/8/2020, Entered: 10/8/2020 |
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MOTION Joint Motion for Leave to Amend Final Pretrial Order by Arizona, State of. (Novak, Edward)
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Request |
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| 419 |
Filed: 10/8/2020, Entered: 10/8/2020 |
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NOTICE of Errata re: 417 Proposed Jury Instructions by Plaintiff 9ABED4D. (Don, David)
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Request |
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| 418 |
Filed: 10/8/2020, Entered: 10/8/2020 |
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Proposed Jury Instructions by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 417 |
Filed: 10/8/2020, Entered: 10/8/2020 |
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Second Proposed Jury Instructions by 9ABED4D. (Don, David)
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Request |
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| 416 |
Filed: 10/7/2020, Entered: 10/7/2020 |
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WITHDRAWAL OF DOCUMENT re: 401 MOTION Issue Preclusion by Plaintiff 9ABED4D. (Don, David)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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 415 |
Filed: 10/6/2020, Entered: 10/6/2020 |
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Sealed Exhibit B to 401 Motion Issue Preclusion by 9ABED4D. (MAP)
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| 414 |
Filed: 10/6/2020, Entered: 10/6/2020 |
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ORDER granting 402 Motion to Seal. The Clerk of Court is directed to accept for filing under seal the document lodged as Doc. 403 on the Court's docket. Signed by Senior Judge David G Campbell on 10/5/20. (MAP)
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Request |
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| 413 |
Filed: 10/5/2020, Entered: 10/5/2020 |
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ORDER. The parties have filed several motions in the last few days -- Docs. 409 , 410 , 411 , and 412 . There shall be no further briefing on these motions. The parties should instead be prepared to address them at Friday's final pretrial conference. Any other issues about trial should be raised then rather than being asserted in new motions. Signed by Senior Judge David G Campbell on 10-5-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 412 |
Filed: 10/5/2020, Entered: 10/5/2020 |
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Fourth MOTION to Amend/Correct Joint Final Pretrial Order by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3)(Lamm, Jason)
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Request |
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| 411 |
Filed: 10/1/2020, Entered: 10/1/2020 |
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*MOTION to Strike 408 Reply to Response to Motion, MOTION for Leave to File Sur-Reply by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward). *Added MOTION for Leave to File on 10/2/2020 (REK).
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Request |
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| 410 |
Filed: 10/1/2020, Entered: 10/1/2020 |
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MOTION Defendant State of Arizona's Motion for Leave to Allow Defendant's Witnesses to Appear by Video Teleconferencing by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Text of Proposed Order)(Novak, Edward)
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Request |
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| 409 |
Filed: 9/30/2020, Entered: 9/30/2020 |
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MOTION to Amend/Correct 334 Notice of Filing - Proposed Pretrial Order by 9ABED4D. (Lamm, Jason)
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Request |
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| 408 |
Filed: 9/30/2020, Entered: 9/30/2020 |
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REPLY to Response to Motion re: 390 MOTION for Reconsideration re: 387 Order on Motion in Limine filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7)(Lamm, Jason)
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Request |
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| 407 |
Filed: 9/30/2020, Entered: 9/30/2020 |
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*Counter MOTION Precluding Mention at Trial of Notation of Clearance and RESPONSE in Opposition re: 401 MOTION Issue Preclusion filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A)(Novak, Edward) *Modified to include motion on 10/1/2020 (REK).
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Request |
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| 406 |
Filed: 9/25/2020, Entered: 9/25/2020 |
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RESPONSE to Motion re: 390 MOTION for Reconsideration re: 387 Order on Motion in Limine DEFENDANT STATE OF ARIZONAS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO PRECLUDE THE TESTIMONY OF LISA PELOZA filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A)(Novak, Edward)
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Request |
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| 405 |
Filed: 9/25/2020, Entered: 9/25/2020 |
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ORDER: Attached to this Order is the Court's juror questionnaire that will be sent to the prospective jurors in this case. The Court will send the questionnaire in electronic format to the prospective jury panel no later than September 25, 2020. Signed by Senior Judge David G Campbell on 9/25/2020. (Attachments: # 1 Juror Questionnaire)(CLB)
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Request |
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| 404 |
Filed: 9/24/2020, Entered: 9/24/2020 |
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ORDER granting Plaintiff's 400 Motion for leave to allow testimony via video teleconferencing. Todd Weller is permitted to testify at the trial in this matter via video teleconferencing. Upon receipt of this Order, counsel for the Plaintiff shall contact the IT Department of the Court and the Courtroom Deputy to make the necessary arrangements. Signed by Senior Judge David G Campbell on 9/23/2020. (CLB)
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Request |
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| 403 |
Filed: 9/23/2020, Entered: 9/23/2020 |
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*FILED at Doc. 415 *SEALED LODGED Proposed Doc 401 Exhibit B re: 402 MOTION to Seal Document Re: Doc 401. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by 9ABED4D. (Don, David) *Modified on 10/6/2020 (MAP).
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Request |
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| 402 |
Filed: 9/23/2020, Entered: 9/23/2020 |
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MOTION to Seal Document Re: Doc 401 by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David)
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Request |
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| 401 |
Filed: 9/23/2020, Entered: 9/23/2020 |
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MOTION Issue Preclusion by 9ABED4D. (Attachments: # 1 Exhibit A)(Don, David)
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Request |
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| 400 |
Filed: 9/22/2020, Entered: 9/22/2020 |
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MOTION To Allow Testimony Via Video Teleconferencing by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
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Request |
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| 399 |
Filed: 9/22/2020, Entered: 9/22/2020 |
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ORDER. When the parties jointly submit a proposed jury questionnaire later today, they should provide a Word version to chambers. Signed by Senior Judge David G Campbell on 9-22-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 398 |
Filed: 9/22/2020, Entered: 9/22/2020 |
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MINUTE ORDER: The Jury Trial set for 10/28/2020 at 09:00 AM will be held in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 397 |
Filed: 9/17/2020, Entered: 9/17/2020 |
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ORDER that Defendant shall file a response to Plaintiff's motion to preclude Peloza's testimony (Doc. 390 ) by September 25, 2020. Plaintiff may file a reply by October 2, 2020. See attachment for further details. Signed by Senior Judge David G Campbell on 9/17/2020. (CLB)
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Request |
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| 396 |
Filed: 9/17/2020, Entered: 9/17/2020 |
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ORDER denying Plaintiff's 342 motion for post-indictment damages. See attachment for details. Signed by Senior Judge David G Campbell on 9/17/2020. (CLB)
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| 395 |
Filed: 9/17/2020, Entered: 9/17/2020 |
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ORDER granting in part and denying in part Defendant's 385 renewed motion to restrict Plaintiff and his counsel from making extra-judicial comments about this case to the press. Between now and the end of trial, Plaintiff and Plaintiff's counsel are ordered not to make statements to the press, or cause such statements to be made by others, that (a) concern the legitimacy of Plaintiff's arrest or the charges against him; (b) concern the consequences of his arrest and indictment, including his alleged injuries and damages; or (c) comment on the conduct of Defendant or others in arresting and detaining Plaintiff. See attachment for details. Signed by Senior Judge David G Campbell on 9/17/2020. (CLB)
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| 394 |
Filed: 9/17/2020, Entered: 9/17/2020 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 9/17/2020. IT IS ORDERED taking under advisement Defendant's 385 Renewed Motion. Jury Trial set for 10/28/2020 at 09:00 AM Final Pretrial Conference set for 10/9/2020 at 01:00 PM. Status Conference regarding questionnaires set for 10/23/2020 at 09:00 AM. See attachments for further details. (Court Reporter Patricia Lyons.) Hearing held 10:01 AM to 10:58 AM. (Attachments: # 1 COVID - Notice, # 2 COVID - Questions, # 3 Sample Questionnaire)(CLB)
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Request |
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| 393 |
Filed: 9/15/2020, Entered: 9/15/2020 |
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REPLY to Response to Motion re: 385 MOTION DEFENDANT STATE OF ARIZONAS RENEWED MOTION FOR AN ORDER RESTRICTING PLAINTIFFS COUNSEL OR HIS AGENTS FROM PROVIDING FURTHER EXTRA-JUDICIAL COMMENTS TO THE NEWS MEDIA filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 392 |
Filed: 9/11/2020, Entered: 9/11/2020 |
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*NOTICE/ Joint Memorandum re: 387 Order by 9ABED4D. (Lamm, Jason) *Modified to add document link on 9/14/2020 (REK).
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Request |
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| 391 |
Filed: 9/11/2020, Entered: 9/11/2020 |
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RESPONSE to Motion re: 385 MOTION DEFENDANT STATE OF ARIZONAS RENEWED MOTION FOR AN ORDER RESTRICTING PLAINTIFFS COUNSEL OR HIS AGENTS FROM PROVIDING FURTHER EXTRA-JUDICIAL COMMENTS TO THE NEWS MEDIA filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B)(Lamm, Jason)
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Request |
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| 390 |
Filed: 9/10/2020, Entered: 9/10/2020 |
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*MOTION for Reconsideration (Titled: Motion to Preclude Testimony of Lisa Peloza, or, in the Alternative, Motion for Hearing) re: 387 Order on Motion in Limine by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7)(Lamm, Jason) *Modified text on 9/11/2020 (REK).
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Request |
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| 387 |
Filed: 9/4/2020, Entered: 9/4/2020 |
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ORDER granting in part and denying in part Plaintiff's 290 motion to preclude the testimony of DPS criminalists; denying Defendant's 335 motion to preclude the testimony of Lucien Haag; granting in part and denying in part Defendant's 336 motion to preclude the reports of John Murdock and Greg Klees. The Court would like to schedule this trial in late October or early November 2020. By September 11, 2020, the parties shall file a joint memorandum stating whether this will be a bench or jury trial and the estimated length of the trial. The Court will then attempt to set the trial during the October 26-November 20 period identified in the parties' previous filing. Doc. 381 . See attachment for details. Signed by Senior Judge David G Campbell on 9/4/2020. (CLB)
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| 386 |
Filed: 9/4/2020, Entered: 9/4/2020 |
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ORDER. The Court is concerned about allegations contained in the motion filed today by Defendant. Plaintiff shall file a response by September 11, 2020, and the state shall file a reply by September 15, 2020. The Court will hold a telephone hearing on September 17, 2020, at 10:00 a.m. Defense counsel shall arrange a call-in number for the hearing. Signed by Senior Judge David G Campbell on 9-4-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 385 |
Filed: 9/4/2020, Entered: 9/4/2020 |
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MOTION DEFENDANT STATE OF ARIZONAS RENEWED MOTION FOR AN ORDER RESTRICTING PLAINTIFFS COUNSEL OR HIS AGENTS FROM PROVIDING FURTHER EXTRA-JUDICIAL COMMENTS TO THE NEWS MEDIA by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A-C, # 2 Text of Proposed Order)(Novak, Edward)
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Request |
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| 384 |
Filed: 8/28/2020, Entered: 8/28/2020 |
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*SUPPLEMENTAL Briefing re: Motions in Limine 290 , 335 , and 336 by 9ABED4D. (Attachments: (1) Exhibit #1, (2) Exhibit #2, (3) Exhibit #3, (4) Exhibit #4, (5) Exhibit #5, (6) Exhibit #6, (7) Exhibit #7)(Lamm, Jason) *Modified event and text on 8/31/2020 (REK).
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Request |
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| 383 |
Filed: 8/28/2020, Entered: 8/28/2020 |
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*SUPPLEMENTAL Briefing on Motions in Limine 290 , 335 , and 336 by Defendant Arizona, State of. (Attachments: # 1 Exhibit Index, Exs A and B, # 2 Exhibit Ex C, # 3 Exhibit Exs D through K)(Brinson, Jonathan) *Modified text to create document links on 8/31/2020 (REK).
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Request |
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| 382 |
Filed: 8/21/2020, Entered: 8/21/2020 |
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ORDER: The motions in limine at Docs. 290 , 335 , and 336 are taken under advisement. The parties shall file supplemental memoranda, not to exceed 8 pages each, by August 28, 2020. Defendant's Motion to Exclude Opinions and Testimony of Todd Weller 331 is granted in part and denied in part. Plaintiff's Motion Regarding Vouching for Crime Lab 292 is denied. Plaintiff's Motion Regarding Lodging of Bullet in Tire 293 is denied. Plaintiff's Motion Regarding Grand Jury Indictment 295 is granted. Plaintiff's Motion Regarding Facebook 296 is denied. Plaintiff's Motion Regarding Family Members 297 is denied. Plaintiff's Motion Regarding Past Contact With Law Enforcement 299 is denied. Plaintiff's Motion Regarding Search Warrants 303 is granted. Plaintiff's Motion to Preclude Defense Expert Bernie Click 315 is denied. Defendant's Motion on Extra-Judicial Comments 316 is denied. Defendant's Motion on Criminal Charges and Detention 326 is denied. Defendant's Motion Regarding PCAST and Similar Studies 327 is denied. Defendant's Motion on Daws Report, Opinions, and Attachments 328 is granted. Defendant's Motion to Preclude Claims of Evidence Fabrication, etc. 329 is granted. Defendant's Motion Regarding Aaron Saucedo 330 is denied. Defendant's Motion Regarding Ivan Mathew 332 is granted. Defendant's Motion Regarding Honeypot, LPRs and Pole Camera 333 is granted. Defendant's Motion to Exclude Roger Clark Opinions 337 is granted. The Joint Motion to Amend Pretrial Order 338 is granted. The final pretrial order is amended to state that Exhibit 11 (Tweet of Governor Douglas Ducey) shall be admitted into evidence. Within one week of the Court's rulings on the motions at Docs. 290 , 335 , and 336 , the parties shall file a joint memorandum (1) stating on whether they can agree on a bench trial, and (2) identifying the numbers of days required for trial in light of the Court's rulings. See document for further details. Signed by Senior Judge David G Campbell on 8/21/2020. (REK)
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| 381 |
Filed: 7/7/2020, Entered: 7/7/2020 |
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MEMORANDUM JOINT MEMORANDUM RE: DATE AVAILABILITY FOR TRIAL 380 Order by Plaintiff 9ABED4D. (Lamm, Jason)
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Request |
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| 380 |
Filed: 6/27/2020, Entered: 6/27/2020 |
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ORDER. The Court had hoped to enter orders two weeks ago scheduling the trials in this and other postponed civil cases, but the rising COVID-19 infection rates in Arizona have forced the Court to postpone a two-week criminal trial set for mid-July, and that trial takes precedence and must be completed before the trials in this and other civil cases. The Court currently does not know when the criminal trial can be held, and has another eight civil cases awaiting trial. The Court directs the parties to file, by July 8, 2020, a joint memorandum setting forth the dates when they will be available for a jury trial between now and the end of May, 2021. The Court will endeavor to complete all the trials this year, but that possibility will become increasingly remote the longer the COVID-19 infections continue at threatening rates. Because a bench trial presents fewer public health risks than a jury trial, it may be able to be held sooner. The parties should consider whether a bench trial could be held in this case and, if so, make that clear in their filing. Signed by Senior Judge David G Campbell on 6-27-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 379 |
Filed: 5/27/2020, Entered: 5/27/2020 |
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NOTICE re: JOINT NOTICE OF TRIAL AVAILABILITY by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Brinson, Jonathan)
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Request |
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| 378 |
Filed: 5/12/2020, Entered: 5/12/2020 |
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ORDER: The Court has learned that it will not be possible to hold civil jury trials in June. The limited jury-trial capacity of the court must be devoted to criminal trials that have been postponed due to the COVID virus. By May 29, 2020, the parties shall file a joint memorandum that identifies all of the dates on which they and their witnesses and parties are available for trial during the months of July through October. The Court will then decide when to reschedule trials, in part based on the age of the cases and in part based on available dates and other matters on the Court's docket.. Ordered by Senior Judge David G Campbell on 5/12/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 377 |
Filed: 4/24/2020, Entered: 4/24/2020 |
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ORDER granting 373 Stipulated Motion to Amend Joint Pretrial Statement. Ordered by Senior Judge David G. Campbell on 4/24/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 376 |
Filed: 4/23/2020, Entered: 4/23/2020 |
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NOTICE of Appearance by David J Don on behalf of 9ABED4D. (Don, David)
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Request |
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| 375 |
Filed: 3/30/2020, Entered: 3/30/2020 |
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ORDER: Pending before the Court is Plaintiff's Motion in Limine #11 (Doc. 304 ). The parties have filed a stipulation regarding Plaintiff's motion in limine #11. Doc. 359 . IT IS ORDERED: 1. Plaintiff's motion in limine #11 (Doc. 304 ) is granted pursuant to the parties' stipulation (Doc. 359 ). 2. The parties' stipulation (Doc. 359 ) is terminated. Ordered by Senior Judge David G Campbell on 3/30/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 374 |
Filed: 3/20/2020, Entered: 3/20/2020 |
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ORDER re: 370 Response to Motion filed by 9ABED4D, 341 MOTION in Limine re: Supplemental Briefing on MILs 1 and 2 filed by Arizona, State of. Signed by Senior Judge David G Campbell on 3/20/2020. (DGC, nvo)
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| 373 |
Filed: 3/19/2020, Entered: 3/19/2020 |
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Second MOTION to Amend/Correct (SECOND) STIPULATED MOTION TO AMEND JOINT PRETRIAL STATEMENT by 9ABED4D. (Lamm, Jason)
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Request |
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| 372 |
Filed: 3/12/2020, Entered: 3/13/2020 |
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AMENDED ORDER. In light of current public health concerns, the judges of this district decided today to postpone all jury trials scheduled to begin in the next 30 days. The 30-day period may be extended if warranted. As a result, the trial in this case will not start on March 30 with jury selection and will not continue on April 6. The March 20 final pretrial conference will also be postponed. The Court will set a new trial schedule when the public health situation is clearer. The parties should complete any remaining briefing under the existing schedule. Signed by Senior Judge David G Campbell on 3/12/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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| 371 |
Filed: 3/12/2020, Entered: 3/12/2020 |
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*AMENDED by Doc. 372* ORDER. In light of current public health concerns, the judges of this district decided today to postpone all jury trials scheduled to begin in the next 30 days. The 30-day period may be extended if warranted. As a result, the trial in this case will not start on March 30 with jury selection and will not continue on April 6. The April 20 final pretrial conference will also be postponed. The Court will set a new trial schedule when the public health situation is clearer. The parties should complete any remaining briefing under the existing schedule. Signed by Senior Judge David G Campbell on 3-12-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) Modified on 3/13/2020 (MMO).
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| 370 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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RESPONSE to Motion re: 341 MOTION in Limine re: Supplemental Briefing on MILs 1 and 2 filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7, # 8 Exhibit EXHIBIT 8, # 9 Exhibit EXHIBIT 9)(Lamm, Jason)
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Request |
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| 369 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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ORDER finding as moot 325 Motion in Limine re Dr. Beck. See Doc. 367. Dr. Lett will be permitted to testify, with the exception of one sentence, making Dr. Beck unnecessary. The Court intends to hold the parties to one expert witness per issue. Signed by Senior Judge David G Campbell on 3-9-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 368 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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ORDER finding as moot 365 Motion to Expedite. See Doc. 367. Dr. Lett will be permitted to testify, with the exception of one sentence, making Dr. Beck unnecessary. The Court intends to hold the parties to one expert witness per issue. Signed by Senior Judge David G Campbell on 3-9-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 367 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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ORDER granting in part and denying in part 323 Plaintiff's Motion in Limine re Dr. Lett. (1) Plaintiff argues that Dr. Lett failed to identify the facts and data upon which his opinions are based, as required by Rule 26(a)(2)(B)(ii). Doc. 323 at 4. The Court does not agree. His report contains pages describing the interview and documents he considered in rendering his opinion. Doc. 323-1 at 3-18. He will not be permitted to rely on facts and data not included in his report. (2) Plaintiff argues that Dr. Lett failed to disclose his qualifications, including publications, all cases in which he has testified in the last four years, and his compensation, as required by Rule 26(a)(2)(B)(iv)-(vi). Doc. 323 at 4. But Defendants identify when they disclosed Dr. Lett's qualifications and publications to Plaintiff in 2017, as well as his compensation in 2018, and avow that Dr. Lett has not testified in the last four years. Doc. 357 at 3. The Court will not preclude his testimony on the basis of a failure to comply with Rule 26. (3) Plaintiff argues that Dr. Lett's opinions are not stated to any degree of certainty, but Rule 702 does not require a specific degree of certainty. Plaintiff asserts that expert opinion cannot present mere possibilities, but he identifies no place in Dr. Lett's report where mere possibilities are asserted. Plaintiff may object at trial if he believes opinions are stated as mere possibilities. (4) The Court will grant Plaintiff's motion with respect to the following statement in Dr. Lett's report: "In many personal injury cases, the prospect of monetary award can serve as an incentive for a claimant to accentuate or distort any existing mental health symptoms consciously or unconsciously, depending on the forensic context." Doc. 323.1 at 22. Dr. Lett will be precluded from rendering this opinion at trial. Dr. Lett states the opinion only generally ("[i]n many personal injury cases"), and does not render it with respect to Plaintiff specifically. Nor does he state whether Plaintiff is accentuating or distorting symptoms, state whether it is conscious or unconscious, or identify the basis upon which any such conclusions about Plaintiff could be made. This opinion does not satisfy Rule 702(b), (c), or (d). (5) Plaintiff makes a one-sentence argument to exclude Dr. Lett's opinion that some of Plaintiff's claimed symptoms were pre-existing. Doc. 323 at 7. But the symptoms are clearly identified (difficulty sleeping, panic attacks, and lack of trust (Doc. 323-1 at 22)); the factual basis is set forth in Dr. Lett's review of Plaintiff's clinical interview and medical history; and Dr. Lett's methodology is sufficiently clear -- a forensic psychological exam and review of Plaintiff's mental health history, followed by opinions based on Dr. Lett's training and experience. Conclusion: the portions of Plaintiff's motion discussed in (1), (2), (3) and (5) above are denied, and the portion discussed in (4) is granted. Signed by Senior Judge David G Campbell on 3-9-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 366 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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*RESPONSE to 342 Memorandum Motion for Post-Indictment Damages by Arizona, State of . (Brinson, Jonathan) *Modified on 3/10/2020 to correct event type (MSA).
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Request |
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| 365 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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MOTION to Expedite Ruling on Doc 325 by 9ABED4D. (Lamm, Jason)
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Request |
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| 364 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 337 MOTION in Limine re: Roger Clark filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 363 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 331 MOTION in Limine re: To Exclude Opinions and Testimony of Todd Weller filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6)(Lamm, Jason)
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Request |
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| 362 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 333 Ninth MOTION in Limine re: Re: LPR, Honey Pot, and Pole Cameras filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1)(Lamm, Jason)
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Request |
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| 360 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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*RESPONSE to Motion re: 327 Fourth MOTION in Limine re: PCAST and Similar Scientific Studies filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2)(Lamm, Jason) *Modified on 3/9/2020 to correct event type(MSA).
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Request |
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| 359 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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STIPULATION re: 304 MOTION in Limine re: PRIOR JUDICIAL OPINIONS ABOUT PLAINTIFFS EXPERTS by Arizona, State of. (Attachments: # 1 Text of Proposed Order)(Brinson, Jonathan)
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Request |
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| 358 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 326 Third MOTION in Limine re: Dismissal of Criminal Charges and Duration of Detention filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 357 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 323 MOTION in Limine re: Preclude Defense Expert Phillip Lett filed by Arizona, State of. (Attachments: # 1 Exhibit 1 - 6)(Brinson, Jonathan)
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Request |
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| 356 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 332 MOTION in Limine re: To Exclude Opinions and Testimony of Ivan Mathew filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3)(Lamm, Jason)
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Request |
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| 355 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE in Opposition re: 336 MOTION in Limine re: Murdock and Klees (8th) filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2)(Lamm, Jason)
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Request |
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| 354 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 325 MOTION in Limine re: TO PRECLUDE DEFENSE EXPERT DR. JOHN BECK filed by Arizona, State of. (Attachments: # 1 Exhibit A - C)(Brinson, Jonathan)
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Request |
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| 353 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 293 MOTION in Limine re: Lodging of Bullet filed by Arizona, State of. (Attachments: # 1 Exhibit A - D)(Brinson, Jonathan)
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Request |
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| 352 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 295 MOTION in Limine re: Grand Jury Indictment filed by Arizona, State of. (Brinson, Jonathan)
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Request |
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| 351 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 299 MOTION in Limine re: Plaintiff's Past Contact with Law Enforcement filed by Arizona, State of. (Attachments: # 1 Exhibit A)(Brinson, Jonathan)
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Request |
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| 350 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 297 MOTION in Limine re: Family Members filed by Arizona, State of. (Attachments: # 1 Exhibit A - B)(Brinson, Jonathan)
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Request |
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| 349 |
Filed: 3/6/2020, Entered: 3/6/2020 |
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RESPONSE to Motion re: 303 MOTION in Limine re: Search Warrants filed by Arizona, State of. (Brinson, Jonathan)
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Request |
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| 348 |
Filed: 3/5/2020, Entered: 3/5/2020 |
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RESPONSE to Motion re: 315 MOTION in Limine re: Preclude Defense Expert Bennie Click filed by Arizona, State of. (Attachments: # 1 Exhibit 1 - 3)(Brinson, Jonathan)
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Request |
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| 347 |
Filed: 3/5/2020, Entered: 3/5/2020 |
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RESPONSE to Motion re: 296 MOTION in Limine re: Facebook Pages filed by Arizona, State of. (Attachments: # 1 Exhibit A)(Brinson, Jonathan)
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Request |
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| 346 |
Filed: 3/5/2020, Entered: 3/5/2020 |
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*RESPONSE to Motion re: 328 Fifth MOTION in Limine re: Daws Report, Opinions & Attachments filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1)(Lamm, Jason) *Modified to correct event type on 3/6/2020 (EJA).
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Request |
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| 345 |
Filed: 3/5/2020, Entered: 3/5/2020 |
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RESPONSE to Motion re: 335 MOTION in Limine re: Lucien Haag (10th) filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2)(Lamm, Jason)
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Request |
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| 344 |
Filed: 3/4/2020, Entered: 3/4/2020 |
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RESPONSE to Motion re: 292 MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 3 RE: VOUCHING FOR THE CRIME LAB filed by Arizona, State of. (Brinson, Jonathan)
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Request |
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| 343 |
Filed: 3/4/2020, Entered: 3/4/2020 |
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RESPONSE to Motion re: 290 MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 1 RE: OPINIONS OF DPS CRIMINALISTS filed by Arizona, State of. (Brinson, Jonathan)
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Request |
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| 361 |
Filed: 3/2/2020, Entered: 3/6/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC MOTION HEARING proceedings held on 02/20/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. 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 3/23/2020. Redacted Transcript Deadline set for 4/2/2020. Release of Transcript Restriction set for 6/1/2020. (RAP)
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Request |
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| 342 |
Filed: 3/2/2020, Entered: 3/2/2020 |
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MEMORANDUM in Support of Post-Indictment Damages by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lamm, Jason) Modified on 9/11/2020 to change to a motion(SJF).
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Request |
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| 341 |
Filed: 3/2/2020, Entered: 3/2/2020 |
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MOTION in Limine re: Supplemental Briefing on MILs 1 and 2 by Arizona, State of. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Brinson, Jonathan)
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Request |
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| 340 |
Filed: 3/2/2020, Entered: 3/2/2020 |
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NOTICE of Errata And Re-Filing of Exhibits by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7, # 8 Exhibit EXHIBIT 8, # 9 Exhibit EXHIBIT 9, # 10 Exhibit EXHIBIT 10, # 11 Exhibit EXHIBIT 11, # 12 Exhibit EXHIBIT 12, # 13 Exhibit EXHIBIT 13, # 14 Exhibit EXHIBIT 14)(Lamm, Jason)
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Request |
|
|
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| 339 |
Filed: 3/2/2020, Entered: 3/2/2020 |
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RESPONSE in Opposition re: 330 Seventh MOTION in Limine re: Aaron Saucedo filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6, # 7 Exhibit EXHIBIT 7, # 8 Exhibit EXHIBIT 8, # 9 Exhibit EXHIBIT 9, # 10 Exhibit EXHIBIT 10, # 11 Exhibit EXHIBIT 11, # 12 Exhibit EXHIBIT 12, # 13 Exhibit EXHIBIT 13, # 14 Exhibit EXHIBIT 14)(Lamm, Jason)
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Request |
|
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| 338 |
Filed: 3/2/2020, Entered: 3/2/2020 |
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MOTION to Amend/Correct 334 Notice of Filing - Proposed Pretrial Order by 9ABED4D. (Lamm, Jason)
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Request |
|
|
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| 337 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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MOTION in Limine re: Roger Clark by Arizona, State of. (Attachments: # 1 Exhibit A)(Brinson, Jonathan)
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Request |
|
|
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| 336 |
Filed: 2/28/2020, Entered: 2/28/2020 |
|
|
MOTION in Limine re: Murdock and Klees (8th) by Arizona, State of. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brinson, Jonathan)
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Request |
|
|
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| 335 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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MOTION in Limine re: Lucien Haag (10th) by Arizona, State of. (Brinson, Jonathan)
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Request |
|
|
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| 334 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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NOTICE of Filing - Proposed Pretrial Order filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert JOINT FINAL PRETRIAL ORDER. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Novak, Edward)
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Request |
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| 333 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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Ninth MOTION in Limine re: Re: LPR, Honey Pot, and Pole Cameras by Arizona, State of. (Brinson, Jonathan)
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Request |
|
|
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| 332 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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MOTION in Limine re: To Exclude Opinions and Testimony of Ivan Mathew by Arizona, State of. (Attachments: # 1 Exhibit Exhibit A)(Brinson, Jonathan)
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Request |
|
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| 331 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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MOTION in Limine re: To Exclude Opinions and Testimony of Todd Weller by Arizona, State of. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Brinson, Jonathan)
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Request |
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| 330 |
Filed: 2/27/2020, Entered: 2/27/2020 |
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|
Seventh MOTION in Limine re: Aaron Saucedo by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A)(Brinson, Jonathan)
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Request |
|
|
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| 329 |
Filed: 2/27/2020, Entered: 2/27/2020 |
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Sixth MOTION in Limine re: Alleged Fabrication of Evidence, Perjury, and Withholding of Exculpatory Information by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
|
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| 328 |
Filed: 2/27/2020, Entered: 2/27/2020 |
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Fifth MOTION in Limine re: Daws Report, Opinions & Attachments by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
|
|
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| 327 |
Filed: 2/27/2020, Entered: 2/27/2020 |
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Fourth MOTION in Limine re: PCAST and Similar Scientific Studies by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
|
|
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| 326 |
Filed: 2/27/2020, Entered: 2/27/2020 |
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Third MOTION in Limine re: Dismissal of Criminal Charges and Duration of Detention by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
|
|
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| 325 |
Filed: 2/26/2020, Entered: 2/26/2020 |
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MOTION in Limine re: TO PRECLUDE DEFENSE EXPERT DR. JOHN BECK by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3)(Lamm, Jason)
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Request |
|
|
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| 324 |
Filed: 2/24/2020, Entered: 2/24/2020 |
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|
TRANSCRIPT REQUEST by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert for proceedings held on 02/20/2020, Judge David G Campbell hearing judge(s). (Novak, Edward)
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|
Request |
|
|
|
| 323 |
Filed: 2/24/2020, Entered: 2/24/2020 |
|
|
MOTION in Limine re: Preclude Defense Expert Phillip Lett by 9ABED4D. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lamm, Jason)
|
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Request |
|
|
|
| 322 |
Filed: 2/20/2020, Entered: 2/20/2020 |
|
|
MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Motion Hearing held on 2/20/2020. The Court grants the Motion for Expedited Ruling 311 and issues the following rulings: Plaintiff's Motion in Limine #5 294 is granted without objection by Defendants. Plaintiff's Motion in Limine #2 291 is granted with respect to the four items of evidence identified on the first page of the motion. The parties shall file memoranda on their respective issues by 3/2/2020. Each side is limited to ten pages. Responses are due 3/9/2020 and limited to 7 pages. See attachment for further details. (Court Reporter Patricia Lyons.) Hearing held 2:00 p.m. to 2:55 p.m. (CLB)
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Request |
|
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| 321 |
Filed: 2/19/2020, Entered: 2/19/2020 |
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|
ORDER denying 300 Defendant's First Motion in Limine. The collective knowledge doctrine is not limited to information known to sworn law enforcement officers as Defendant contends. The primary case relied on by Defendant, United States v. Colon, 250 F.3d 130 (2d Cir. 2001), recognized that the knowledge of individuals with "specialized law enforcement training" may be imputed to law enforcement officers. Id. at 136-37 (citing Calamia v. City of New York, 879 F.2d 1025, 1032 (2d Cir.1989) (assistant district attorney), People v. Rosario, 78 N.Y.2d 583, 578 N.Y.S.2d 454, 585 N.E.2d 766 (1991) (auxiliary police officer)). The individual at issue in Defendant's motion, Christopher Kalkowski, is a ballistics expert employed by the State in the DPS crime lab and certainly has specialized law enforcement training. In addition, as Plaintiff notes, the DPS crime lab was "established for the purpose of giving assistance to the officers of the state charged with law enforcement," A.R.S. 41-1771, criminalists in the lab receive DPS training, and a DPS officer (Sgt. Mapp) was involved in the ballistics testing in this case. Doc. 305 at 2-3. Under Ninth Circuit law, the collective knowledge doctrine applies where personnel are "working together in an investigation," United States v. Villasenor, 608 F.3d 467, 476 (9th Cir. 2010), and there is at least some communication among them, "but not necessarily the conveyance of any actual information among officers," United States v. Ramirez, 473 F.3d 1026, 1032-33 (9th Cir. 2007). Here, there was clear communication between Kalkowski and the officers involved in the investigation and arrest of Plaintiff. Kalkowski's knowledge is relevant to the issue of probable cause and the State's alleged liability for false arrest and imprisonment. The State has not shown otherwise, and its reference to other civilian DPS employees is too vague to grant the motion in limine. The State makes a brief reference to Rule 403, but has not shown how Kalkowsi's knowledge is inadmissible under that rule. Signed by Senior Judge David G Campbell on 2-19-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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|
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|
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| 320 |
Filed: 2/19/2020, Entered: 2/19/2020 |
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REPLY to Response to Motion re: 316 MOTION Defendant State of Arizonas Motion for an Order Restricting Plaintiffs Counsel or his Agents from Providing Further Extra-Judicial Comments to the News Media filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
|
|
Request |
|
|
|
| 319 |
Filed: 2/19/2020, Entered: 2/19/2020 |
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|
ORDER re Telephonic Motion Hearing set for 2/20/2020 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell re: 311 Joint MOTION to Expedite Consideration of Motions in Limine Dft's Nos. 1 and 2, Pltfs Nos. 2 and 5 filed by Christopher Kalkowski, Anthony Falcone, Heston Silbert, Ken Hunter, Jennifer Pinnow, Kelly M Heape, Frank Milstead, Arizona, State of, Hearing set as to 311 Joint MOTION to Expedite Consideration of Motions in Limine Dft's Nos. 1 and 2, Pltfs Nos. 2 and 5. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. Counsel for Plaintiff shall provide any dial-in information to counsel for all parties and the Court no later than 12:00 noon on 2/20/2020... Signed by Senior Judge David G Campbell on 2/19/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 318 |
Filed: 2/18/2020, Entered: 2/18/2020 |
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|
ORDER denying 301 Defendant's Second Motion in Limine. This is an untimely motion for summary judgment, raising arguments that could have been raised in Defendants' original motion, but were not. See Doc. 301 at 2 n.1. Moreover, the argument does not appear to be correct. See Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 919 (2017) ("All that the judge had before him were police fabrications about the pills' content. The judge's order holding Manuel for trial therefore lacked any proper basis. And that means Manuel's ensuing pretrial detention, no less than his original arrest, violated his Fourth Amendment rights."). Signed by Senior Judge David G Campbell on 2-18-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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|
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|
|
| 317 |
Filed: 2/14/2020, Entered: 2/14/2020 |
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|
RESPONSE in Opposition re: 316 MOTION Defendant State of Arizonas Motion for an Order Restricting Plaintiffs Counsel or his Agents from Providing Further Extra-Judicial Comments to the News Media filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 316 |
Filed: 2/12/2020, Entered: 2/12/2020 |
|
|
MOTION Defendant State of Arizonas Motion for an Order Restricting Plaintiffs Counsel or his Agents from Providing Further Extra-Judicial Comments to the News Media by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A-D, # 2 Text of Proposed Order)(Novak, Edward)
|
|
Request |
|
|
|
| 315 |
Filed: 2/11/2020, Entered: 2/11/2020 |
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MOTION in Limine re: Preclude Defense Expert Bennie Click by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lamm, Jason)
|
|
Request |
|
|
|
| 314 |
Filed: 2/11/2020, Entered: 2/11/2020 |
|
|
RESPONSE to Motion re: 301 MOTION in Limine re: Defendant State of Arizona's Second Motion in Limine filed by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (SST)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
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| 313 |
Filed: 2/11/2020, Entered: 2/11/2020 |
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ORDER: IT IS ORDERED that Plaintiff's motion to exceed page limits (Doc. 309 ) is granted. The Clerk of Court shall accept for filing the document lodged on the Court's docket as Doc. 310 . Signed by Senior Judge David G Campbell on 02/11/2020. (SST)
|
|
Request |
|
|
|
| 312 |
Filed: 2/10/2020, Entered: 2/11/2020 |
|
|
RESPONSE to 301 MOTION in Limine re: Defendant State of Arizona's Second Motion in Limine filed by 9ABED4D. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MSA)
|
|
Request |
|
|
|
| 311 |
Filed: 2/10/2020, Entered: 2/10/2020 |
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|
Joint MOTION to Expedite Consideration of Motions in Limine Dft's Nos. 1 and 2, Pltfs Nos. 2 and 5 by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Text of Proposed Order)(Novak, Edward)
|
|
Request |
|
|
|
| 310 |
Filed: 2/10/2020, Entered: 2/10/2020 |
|
|
*FILED at (Doc. 314 ) pursuant to 313 Order - LODGED Proposed Response to Defendant's Motion in Limine (Doc 301) re: 301 MOTION in Limine re: Defendant State of Arizona's Second Motion in Limine . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Lamm, Jason) Modified on 2/11/2020 (SST).
|
|
Request |
|
|
|
| 309 |
Filed: 2/10/2020, Entered: 2/10/2020 |
|
|
MOTION for Leave to File Excess Pages for Response to Motion in Limine (Doc 301) by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
|
|
Request |
|
|
|
| 308 |
Filed: 2/10/2020, Entered: 2/10/2020 |
|
|
ORDER granting 306 Motion for Leave to File Excess Pages. Signed by Senior Judge David G Campbell on 2/10/2020.(DGC, nvo)
|
|
Request |
|
|
|
| 307 |
Filed: 2/10/2020, Entered: 2/10/2020 |
|
|
RESPONSE to Motion re: 306 MOTION for extension re: 305 Response to Motion filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 306 |
Filed: 2/9/2020, Entered: 2/9/2020 |
|
|
*MOTION for Leave to File Excess Pages for 305 Response to Motion by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason) *Modified to reflect correct event; attorney noticed on 2/10/2020 (SST).
|
|
Request |
|
|
|
| 305 |
Filed: 2/9/2020, Entered: 2/9/2020 |
|
|
FILED AT DOC 312 * LODGED Proposed Response to Motion re: 306 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Lamm, Jason) *Modified to reflect correct event; attorney noticed on 2/10/2020 (SST). Modified on 2/11/2020 (MSA).
|
|
Request |
|
|
|
| 304 |
Filed: 2/3/2020, Entered: 2/3/2020 |
|
|
MOTION in Limine re: PRIOR JUDICIAL OPINIONS ABOUT PLAINTIFFS EXPERTS by 9ABED4D. (Attachments: # 1 Exhibit Exhibit 1)(Lamm, Jason)
|
|
Request |
|
|
|
| 303 |
Filed: 1/31/2020, Entered: 1/31/2020 |
|
|
MOTION in Limine re: Search Warrants by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 302 |
Filed: 1/30/2020, Entered: 1/30/2020 |
|
|
RESPONSE to Motion re: 291 MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 2 RE: GLENDALE CITY COURT MATTERS , 294 MOTION in Limine re: Order of Protection filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Exhibits A-C)(Brinson, Jonathan)
|
|
Request |
|
|
|
| 301 |
Filed: 1/30/2020, Entered: 1/30/2020 |
|
|
MOTION in Limine re: Defendant State of Arizona's Second Motion in Limine by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A-B)(Brinson, Jonathan)
|
|
Request |
|
|
|
| 300 |
Filed: 1/30/2020, Entered: 1/30/2020 |
|
|
MOTION in Limine re: Defendant State of Arizona's First Motion in Limine by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
|
|
Request |
|
|
|
| 299 |
Filed: 1/28/2020, Entered: 1/28/2020 |
|
|
MOTION in Limine re: Plaintiff's Past Contact with Law Enforcement by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3)(Lamm, Jason)
|
|
Request |
|
|
|
| 298 |
Filed: 1/23/2020, Entered: 1/23/2020 |
|
|
* STATEMENT of Plaintiff's Counsel (of Conferral with Opposing Counsel re: Motions 290 , 291 , 292 , 293 , 294 , 295 , 296 , 297 ) by Plaintiff 9ABED4D. (Lamm, Jason) * Modified to add text and document linkage on 1/24/2020 (LAD).
|
|
Request |
|
|
|
| 297 |
Filed: 1/23/2020, Entered: 1/23/2020 |
|
|
MOTION in Limine re: Family Members by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 296 |
Filed: 1/20/2020, Entered: 1/20/2020 |
|
|
MOTION in Limine re: Facebook Pages by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2)(Lamm, Jason)
|
|
Request |
|
|
|
| 295 |
Filed: 1/16/2020, Entered: 1/16/2020 |
|
|
MOTION in Limine re: Grand Jury Indictment by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 294 |
Filed: 1/13/2020, Entered: 1/13/2020 |
|
|
MOTION in Limine re: Order of Protection by 9ABED4D. (Attachments: # 1 Exhibit Exhibit 1)(Lamm, Jason)
|
|
Request |
|
|
|
| 293 |
Filed: 1/13/2020, Entered: 1/13/2020 |
|
|
MOTION in Limine re: Lodging of Bullet by 9ABED4D. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Lamm, Jason)
|
|
Request |
|
|
|
| 292 |
Filed: 1/10/2020, Entered: 1/10/2020 |
|
|
MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 3 RE: VOUCHING FOR THE CRIME LAB by 9ABED4D. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lamm, Jason)
|
|
Request |
|
|
|
| 291 |
Filed: 1/10/2020, Entered: 1/10/2020 |
|
|
MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 2 RE: GLENDALE CITY COURT MATTERS by 9ABED4D. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lamm, Jason)
|
|
Request |
|
|
|
| 290 |
Filed: 1/10/2020, Entered: 1/10/2020 |
|
|
MOTION in Limine re: PLAINTIFFS MOTION IN LIMINE NO. 1 RE: OPINIONS OF DPS CRIMINALISTS by 9ABED4D. (Attachments: # 1 Exhibit)(Lamm, Jason)
|
|
Request |
|
|
|
| 289 |
Filed: 12/20/2019, Entered: 12/20/2019 |
|
|
NOTICE of Appearance by Andrew T Fox on behalf of Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Fox, Andrew)
|
|
Request |
|
|
|
| 288 |
Filed: 12/20/2019, Entered: 12/20/2019 |
|
|
ORDER granting 287 Motion to Withdraw as Counsel. David J. Don is permitted to withdraw as counsel of record. Attorney Jason Lamm shall remain as counsel of record for the Plaintiff. Signed by Senior Judge David G Campbell on 12/20/19. (EJA)
|
|
Request |
|
|
|
| 287 |
Filed: 12/19/2019, Entered: 12/19/2019 |
|
|
MOTION to Withdraw as Attorney with Consent by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David)
|
|
Request |
|
|
|
| 286 |
Filed: 12/19/2019, Entered: 12/19/2019 |
|
|
WITHDRAWAL OF DOCUMENT re: 285 MOTION to Withdraw as Attorney with Consent by Plaintiff 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 285 |
Filed: 12/19/2019, Entered: 12/19/2019 |
|
|
*WITHDRAWN by (Doc. 286 ) MOTION to Withdraw as Attorney with Consent by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David) *Modified on 12/20/2019 (EJA).
|
|
Request |
|
|
|
| 283 |
Filed: 12/12/2019, Entered: 12/12/2019 |
|
|
ORDER Setting Final Pretrial Conference and Trial re: 282 Telephone Conference, Set/Reset Hearings. Signed by Senior Judge David G Campbell on 12/12/2019. (DGC, nvo)
|
|
Request |
|
|
|
| 284 |
Filed: 12/4/2019, Entered: 12/16/2019 |
|
|
AMENDED MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Amending Doc. 282 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 12/4/2019. Jury Trial (Jury Selection) set for 3/30/2020 at 12:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Trial will commence on 4/6/2020 at 9:00 AM. Final Pretrial Conference set for 3/20/2020 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. See attachment for details. Reason for Amendment: to correct year of trial. (Court Reporter Patricia Lyons.) Hearing held 3:03 PM to 3:31 PM.(CLB)
|
|
Request |
|
|
|
| 282 |
Filed: 12/4/2019, Entered: 12/5/2019 |
|
|
*AMENDED by Doc. 284 - MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 12/4/2019. Jury Trial (Jury Selection) set for 3/30/2020 at 12:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Trial will commence on 4/6/2020 at 9:00 AM. Final Pretrial Conference set for 3/20/2020 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 3:03 PM to 3:31 PM.(CLB) *Modified on 12/16/2019 (CLB).
|
|
Request |
|
|
|
| 281 |
Filed: 11/22/2019, Entered: 11/27/2019 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT - MOTION FOR SUMMARY JUDGMENT proceedings held on 10/02/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Christine M. Coaly, RMR, CRR, Telephone number (602) 322-7248]. 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 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (RAP)
|
|
Request |
|
|
|
| 280 |
Filed: 11/22/2019, Entered: 11/22/2019 |
|
|
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jason D Lamm. (Lamm, Jason)
|
|
Request |
|
|
|
| 279 |
Filed: 11/19/2019, Entered: 11/19/2019 |
|
|
TRANSCRIPT REQUEST by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert for proceedings held on 10/02/2019, Judge David G Campbell hearing judge(s). (Novak, Edward)
|
|
Request |
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| 278 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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ORDER granting in part and denying in part Defendants' 264 Motion for Summary Judgment. The Court will hold a telephone conference on December 4, 2019, at 3:00 p.m. for the purpose of setting the final pretrial conference and trial in this matter. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all parties and the Court no later than December 2, 2019, at 4:00 p.m. See attachment for details. Signed by Senior Judge David G Campbell on 11/15/19. (CLB)
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| 277 |
Filed: 10/2/2019, Entered: 10/2/2019 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Oral Argument held on 10/2/2019. IT IS ORDERED taking under advisement Defendants' 264 Motion for Summary Judgment. Order will issue. APPEARANCES: David Don and Jason Lamm for Plaintiffs. Jonathan Brinson, Edward Novak, and Melissa Ho for Defendants. (Court Reporter Christine Coaly.) Hearing held 12:59 PM to 2:09 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 276 |
Filed: 9/30/2019, Entered: 9/30/2019 |
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|
ORDER. The parties should be prepared to address the following issues during Wednesday's oral argument: (1) Defendants: since the grand jury indictment occurred after Plaintiff's arrest, isn't it correct that the indictment cannot provide probable cause for the arrest -- that probable cause for the arrest must be established independently of the grand jury indictment? See Reams v. City of Tucson, 701 P.2d 598, 601-02 (Ariz. Ct. App. 1985). (2) When did Defendants learn that Plaintiff's gun was pawned at 5:30 p.m. on August 30, and where is this in the summary judgment record? (3) Plaintiffs: Do any of your experts expressly opine that Kalkowski produced fabricated evidence, and where is that in the summary judgment record? (4) Defendants: Kalkowski concluded that Plaintiff's gun matched the four bullets or fragments on the morning of September 18, 2015, and Plaintiff was arrested later that day. Before Plaintiff's arrest, what steps, if any, did Defendants take to address the fact that Plaintiff's gun was in the pawn shop when the BMW's tire rapidly lost air on August 30? Where is that evidence in the summary judgment record? Signed by Senior Judge David G Campbell on 9-30-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 275 |
Filed: 9/16/2019, Entered: 9/16/2019 |
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ORDER as to 264 Motion for Summary Judgment: Oral Argument is set for 10/2/2019 at 01:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Ordered by Senior Judge David G. Campbell on 9/16/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 274 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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NOTICE of Errata re: 265 Statement of Facts by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Attachment 1)(Brinson, Jonathan)
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Request |
|
|
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| 273 |
Filed: 7/9/2019, Entered: 7/9/2019 |
|
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REPLY to Response to Motion re: 264 MOTION for Summary Judgment filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
|
|
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| 272 |
Filed: 6/25/2019, Entered: 6/25/2019 |
|
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NOTICE of Errata re: 271 Statement of Facts by Plaintiff 9ABED4D. (Don, David)
|
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Request |
|
|
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| 271 |
Filed: 6/24/2019, Entered: 6/24/2019 |
|
|
STATEMENT OF FACTS re: 270 Response to Motion for Summary Judgment by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit Exhibit Index and Exhibits 1-15, # 2 Exhibit Exhibits 16-30, # 3 Exhibit Exhibits 31-45)(Lamm, Jason)
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Request |
|
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| 270 |
Filed: 6/24/2019, Entered: 6/24/2019 |
|
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RESPONSE to Motion re: 264 MOTION for Summary Judgment filed by 9ABED4D. (Lamm, Jason)
|
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Request |
|
|
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| 269 |
Filed: 6/20/2019, Entered: 6/20/2019 |
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|
ORDER granting in part and denying in part 254 Motion in Limine. Signed by Senior Judge David G Campbell on 6/20/2019.(DGC, nvo)
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Request |
|
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| 268 |
Filed: 6/6/2019, Entered: 6/6/2019 |
|
|
ORDER granting 266 Motion for Leave to File Excess Pages. 20 pages will be allowed for Plaintiffs Controverting and Supplemental Statement of Facts. Signed by Senior Judge David G Campbell on 6-6-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 267 |
Filed: 5/31/2019, Entered: 5/31/2019 |
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RESPONSE to Motion re: 266 MOTION for Leave to File Excess Pages filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 266 |
Filed: 5/30/2019, Entered: 5/30/2019 |
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MOTION for Leave to File Excess Pages by 9ABED4D. (Lamm, Jason)
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Request |
|
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| 265 |
Filed: 5/22/2019, Entered: 5/22/2019 |
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|
STATEMENT OF FACTS re: 264 MOTION for Summary Judgment by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Index, Exhibits 1-4, # 2 Exhibit Exhibits 5-25, # 3 Exhibit Exhibits 26-33, # 4 Exhibit Exhibits 34-37, # 5 Exhibit Exhibits 38-41, # 6 Exhibit Exhibits 42-46)(Brinson, Jonathan)
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Request |
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| 264 |
Filed: 5/22/2019, Entered: 5/22/2019 |
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MOTION for Summary Judgment by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
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| 263 |
Filed: 5/13/2019, Entered: 5/13/2019 |
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REPLY to Response to Motion re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT AMENDED filed by 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Lamm, Jason)
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Request |
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| 262 |
Filed: 5/10/2019, Entered: 5/10/2019 |
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|
REPLY to Response to Motion re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT filed by 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2, # 3 Exhibit EXHIBIT 3, # 4 Exhibit EXHIBIT 4, # 5 Exhibit EXHIBIT 5, # 6 Exhibit EXHIBIT 6)(Lamm, Jason)
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Request |
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| 261 |
Filed: 5/3/2019, Entered: 5/3/2019 |
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RESPONSE to Motion re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Brinson, Jonathan)
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Request |
|
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| 260 |
Filed: 4/30/2019, Entered: 4/30/2019 |
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ORDER pursuant to 259 Stipulation granted: re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT filed by 9ABED4D. The Court will not grant further extension to this briefing schedule. The Court notes that the parties' stipulation 259 does not show good cause for the requested extension. Signed by Senior Judge David G Campbell on 4/30/2019. (DGC, nvo)
|
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Request |
|
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| 259 |
Filed: 4/29/2019, Entered: 4/29/2019 |
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STIPULATION re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT for Extension of Time to Respond to Plaintiff's Motion in Limine No. 254 by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brinson, Jonathan)
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Request |
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| 258 |
Filed: 4/25/2019, Entered: 4/25/2019 |
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ORDER pursuant to 257 Stipulation : re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT filed by 9ABED4D. Response due 4/30/2019. Signed by Senior Judge David G Campbell on 4/25/2019. (DGC, nvo)
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Request |
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| 257 |
Filed: 4/22/2019, Entered: 4/22/2019 |
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*STIPULATION re: 254 First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT for Extension of Time for State Defendants to Respond to Motion by Arizona, State of. (Attachments: # 1 Text of Proposed Order Proposed Order)(Brinson, Jonathan) *Modified to add filers on 4/23/2019 (EJA).
|
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Request |
|
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| 256 |
Filed: 4/10/2019, Entered: 4/10/2019 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
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Request |
|
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| 255 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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|
MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 4/9/2019. The Court affirms the dispositive motion deadline of 5/22/2019. The parties are encouraged to keep the motions at 17 pages but the Court will permit up to 20 pages. The statements of fact are limited to 15 pages. The replies are limited to 11 pages. Plaintiff is ordered to produce Ms. Arvizu's diary notes to the defendants no later than 4/17/2019. APPEARANCES: David Don and Jason Lamm for Plaintiff. Jonathan Brinson and Melissa Ho for Defendants. All parties appear telephonically. (Court Reporter Patricia Lyons.) Hearing held 3:04 PM to 3:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 254 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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|
First MOTION in Limine re: TO PRECLUDE DEFENSE EXPERTS MATTHEW NOEDEL AND JOSEPH GRANT by 9ABED4D. (Attachments: # 1 Exhibit Report of Noedel, # 2 Exhibit Report of Grant, # 3 Exhibit Depo Excerpts of Noedel, # 4 Text of Proposed Order)(Don, David)
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Request |
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| 253 |
Filed: 3/29/2019, Entered: 3/29/2019 |
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|
ORDER re: 252 Order, Set/Reset Hearings. DUE TO A CONFLICT IN THE COURT'S CALENDAR, the telephonic conference set for 3/29/2019 at 3:00 PM is VACATED and RESET to 4/9/2019 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Signed by Senior Judge David G Campbell on 3/29/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 252 |
Filed: 3/22/2019, Entered: 3/22/2019 |
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|
ORDER re: 250 Report - Other filed by 9ABED4D, 251 Report - Other filed by Christopher Kalkowski, Anthony Falcone, Heston Silbert, Ken Hunter, Jennifer Pinnow, Kelly M Heape, Frank Milstead, Arizona, State of. The Court will hold a telephone conference with all parties on 3/29/2019 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell for purposes of discussing the parties' pre-motion for summary judgment letters. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to all counsel and the Court no later than 12:00 noon on 3/28/2019. Signed by Senior Judge David G Campbell on 3/22/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 251 |
Filed: 3/22/2019, Entered: 3/22/2019 |
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|
REPORT of Defendants re: Doc 45 Paragraph 11 by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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|
Request |
|
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| 250 |
Filed: 3/22/2019, Entered: 3/22/2019 |
|
|
REPORT of Plaintiff re: Doc 45 Para. 11 by Plaintiff 9ABED4D. (Don, David)
|
|
Request |
|
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| 249 |
Filed: 3/22/2019, Entered: 3/22/2019 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 248 |
Filed: 3/6/2019, Entered: 3/6/2019 |
|
|
Second AMENDED NOTICE of Deposition of Janine Arvizu, filed by Arizona, State of. (Brinson, Jonathan)
|
|
Request |
|
|
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| 247 |
Filed: 3/4/2019, Entered: 3/4/2019 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
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| 246 |
Filed: 2/26/2019, Entered: 2/26/2019 |
|
|
ORDER. The Court is in a complex trial this week and does not have time for a telephone conference, including at the time scheduled tomorrow. Tomorrow's conference is cancelled. The Court has reviewed the emails submitted by the parties, and provides the following decision: Plaintiff may depose Dr. Beck for one additional hour, with no shifting of costs. The deposition shall be completed by the expert deposition deadline of March 22, 2019. Signed by Senior Judge David G Campbell on 2-26-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 245 |
Filed: 2/26/2019, Entered: 2/26/2019 |
|
|
ORDER. Telephonic Discovery Hearing set for 2/27/2019 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff has provided dial-in information to counsel for all parties and the Court. Signed by Senior Judge David G Campbell on 2/26/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
|
|
|
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|
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| 244 |
Filed: 2/22/2019, Entered: 2/22/2019 |
|
|
AMENDED NOTICE of Deposition of Stephen Deady, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
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| 243 |
Filed: 2/22/2019, Entered: 2/22/2019 |
|
|
ORDER pursuant to 241 Stipulation: The deadline for the taking of expert depositions shall be completed by 3/22/2019; the deadline by which the parties shall exchange letters regarding dispositive motions is extended to 3/22/2019. The deadline by which dispositive motions shall be filed is extended to 5/22/2019. The rest of the existing case management schedule shall remain in place. Dispositive motions due by 5/22/2019. Signed by Senior Judge David G Campbell on 2/22/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
|
|
|
|
|
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| 242 |
Filed: 2/21/2019, Entered: 2/21/2019 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 241 |
Filed: 2/15/2019, Entered: 2/15/2019 |
|
|
STIPULATION TO AMEND CASE MANAGEMENT ORDER by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
|
|
Request |
|
|
|
| 240 |
Filed: 2/1/2019, Entered: 2/1/2019 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 239 |
Filed: 1/28/2019, Entered: 1/28/2019 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 238 |
Filed: 1/14/2019, Entered: 1/14/2019 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 237 |
Filed: 1/7/2019, Entered: 1/7/2019 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 236 |
Filed: 1/4/2019, Entered: 1/4/2019 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 235 |
Filed: 1/3/2019, Entered: 1/3/2019 |
|
|
NOTICE of Deposition of STEPHEN DEADY, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 234 |
Filed: 1/3/2019, Entered: 1/3/2019 |
|
|
AMENDED NOTICE of Deposition of Janine Arvizu, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
|
|
| 233 |
Filed: 1/3/2019, Entered: 1/3/2019 |
|
|
AMENDED NOTICE of Deposition of Jill Hayes, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
|
|
| 232 |
Filed: 1/2/2019, Entered: 1/2/2019 |
|
|
NOTICE of Deposition of MATTHEW NOEDEL, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 231 |
Filed: 1/2/2019, Entered: 1/2/2019 |
|
|
NOTICE of Deposition of JOHN MACIULLA, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 230 |
Filed: 1/2/2019, Entered: 1/2/2019 |
|
|
NOTICE of Deposition of BENNIE R. CLICK, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 229 |
Filed: 1/2/2019, Entered: 1/2/2019 |
|
|
NOTICE of Deposition of DR JOHN BECK, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 228 |
Filed: 12/28/2018, Entered: 12/28/2018 |
|
|
NOTICE of Deposition of Weller, Todd, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
|
|
| 227 |
Filed: 12/28/2018, Entered: 12/28/2018 |
|
|
NOTICE of Deposition of Hayes, Jill, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
|
|
| 226 |
Filed: 12/28/2018, Entered: 12/28/2018 |
|
|
NOTICE of Deposition of Arvizu, Janine, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
|
|
| 225 |
Filed: 12/28/2018, Entered: 12/28/2018 |
|
|
AMENDED NOTICE of Deposition of Mathew, Ivan, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
|
|
Request |
|
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| 224 |
Filed: 12/21/2018, Entered: 12/21/2018 |
|
|
ORDER: The Stipulation for dismissal of Defendants Maricopa County and William Montgomery only with prejudice 223 is granted. Each side shall bear its own costs and attorneys' fees. Signed by Senior Judge David G Campbell on 12/21/2018. (REK)
|
|
Request |
|
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| 223 |
Filed: 12/21/2018, Entered: 12/21/2018 |
|
|
STIPULATION for Dismissal by Maricopa, County of, William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Iafrate, Michele)
|
|
Request |
|
|
|
| 221 |
Filed: 12/11/2018, Entered: 12/12/2018 |
|
|
NOTICE TO FILER OF DEFICIENCY re: 220 Notice of Deposition filed by Christopher Kalkowski, Anthony Falcone, Heston Silbert, Ken Hunter, Jennifer Pinnow, Kelly M Heape, Frank Milstead, Arizona, State of. 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. (EJA)
|
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|
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|
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| 220 |
Filed: 12/11/2018, Entered: 12/11/2018 |
|
|
NOTICE of Deposition of Ivan Mathew, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 219 |
Filed: 12/7/2018, Entered: 12/7/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 222 |
Filed: 12/6/2018, Entered: 12/14/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings held on 11/30/2018, before Judge DAVID G. CAMPBELL. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. 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 12/27/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/6/2019. (RAP)
|
|
Request |
|
|
|
| 218 |
Filed: 12/5/2018, Entered: 12/5/2018 |
|
|
NOTICE of Deposition of SUZANNE NEUMANN, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 217 |
Filed: 12/5/2018, Entered: 12/5/2018 |
|
|
NOTICE of Deposition of BRITTANY WILLIS, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 216 |
Filed: 12/5/2018, Entered: 12/5/2018 |
|
|
NOTICE of Deposition of ANTHONY FALCONE, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 215 |
Filed: 12/5/2018, Entered: 12/5/2018 |
|
|
TRANSCRIPT REQUEST by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert for proceedings held on 11/30/2018, Judge David G Campbell hearing judge(s). (Novak, Edward)
|
|
Request |
|
|
|
| 214 |
Filed: 12/4/2018, Entered: 12/4/2018 |
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ORDER. The parties contacted the Court today for a conference call regarding a discovery dispute. Pursuant to stipulation of the parties, Brittany Willis will be deposed for one hour concerning maps and embedded commentary she created in 2015 related to the underlying criminal case. Doc. 210. At the time, she was married to Defendant Anthony Falcone. In preparation for the deposition, Plaintiff has subpoenaed Ms. Willis's cell phone records for a few days in November of this year, shortly after she learned that Plaintiff had learned of and was obtaining access to her 2015 work. Plaintiff claims that the subpoena may show that Ms. Willis called Defendant Falcone after learning of this fact, and that their conversation or text messages could reflect Defendant Falcone's state of mind with respect to nondisclosure of Ms. Willis's work, which Plaintiff believes to be relevant to their claim of a Brady violation in the underlying case. Defendants object to the subpoena because discovery has closed and the documents are not relevant. The Court reaches the following conclusions. (1) Although discovery has closed and the Court normally does not allow discovery after the deadline (see, e.g., Doc. 212), the parties have stipulated to additional depositions of Ms. Willis and Defendant Falcone on this issue. The parties agree, as does the Court, that this discovery should occur after the discovery deadline. (2) Because Defendant Falcone is alleged to have knowingly participated in violations of Plaintiff's constitutional rights (Doc. 8) and his conversations with Willis about previously undisclosed work she did on the investigation could shed light on his state of mind, the Court concludes that the subpoena is sufficiently relevant for discovery purposes. The Court will not quash the subpoena. (3) The Court wishes to make clear, however, that discovery otherwise is closed and, with the exception of the additional fact discovery the Court has expressly authorized, no further fact discovery is permitted, including discovery by subpoena (see Doc. 45, para. 4 -- discovery deadline includes discovery by subpoena). Signed by Senior Judge David G Campbell on 12-4-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Save 25% on a pre-paid one year subscription. |
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| 213 |
Filed: 12/3/2018, Entered: 12/3/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 212 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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ORDER. The Court held a discovery conference call with the parties today regarding the State Defendants' recent disclosure of two witnesses who were not disclosed during the fact discovery period. Defendants seek leave to add them as witnesses in this case and to permit their depositions. Plaintiff opposes, arguing that the women have been known to Defendants since 2016 and could have been timely disclosed and deposed. Defendants assert that the women were also known to Plaintiff, moved out of Arizona in 2016, and their location was unknown until discovered by Defendants' investigator on April 1, 2018. Defendants state that they did not disclose the women as witnesses at that time, or attempt to depose them, because the women expressed fear for their safety. Plaintiff argues that Defendants could have listed them, which may have prompted Plaintiff to take relevant discovery, and could have subpoenaed them. Deadlines in a case management order may "be modified only for good cause[.]" Fed.R.Civ. P. 16(b)(4). "Good cause" exists when a deadline "cannot reasonably be met despite the diligence of the party seeking the extension." Fed.R.Civ.P. 16 Advisory Comm.'s Notes (1983 Am.). The Court concludes that Defendants could have disclosed the witnesses and subpoenaed them for testimony during the discovery period. If they were concerned for the safety of the witnesses, Defendants could have sought reasonable protective orders from the Court. Because the witnesses could have been disclosed and deposed during the discovery period through reasonable diligence, the Court concludes that good cause has not been shown and will not extend the now-expired discovery period to permit the women to be added as witnesses or deposed. Signed by Senior Judge David G Campbell on 11-30-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 211 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Discovery Hearing held on 11/30/2018. Discussion is held regarding the request by the State to reopen discovery and Plaintiff's objection to two newly added witnesses by the State. The Court takes the matter under advisement. Order to issue. APPEARANCES: Telephonic appearance by Jason Lamm and David Don for Plaintiff. Telephonic appearance by Edward Novak for Defendants. (Court Reporter Elaine Cropper.) Hearing held 3:08 PM to 3:42 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| 210 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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ORDER granting 209 Motion to Amend Litigation Schedule. The Court finds good cause to grant the stipulated motion. Plaintiff may depose Brittany Falcone and Tracy Neuman, and re-depose Defendant Anthony Falcone. The depositions may last one hour and shall be completed by January 18, 2019. The rest of the litigation schedule remains in place. Signed by Senior Judge David G Campbell on 11-30-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| 209 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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Second MOTION to Amend/Correct 45 Scheduling Order by Stipulation by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David)
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Request |
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| 208 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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NOTICE of Deposition of Roger A. Clark, filed by Arizona, State of. (Brinson, Jonathan)
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Request |
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| 207 |
Filed: 11/27/2018, Entered: 11/27/2018 |
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REPORT of Settlement Talks/Discussions by 9ABED4D. (Lamm, Jason)
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Request |
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| 206 |
Filed: 11/27/2018, Entered: 11/27/2018 |
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ORDER: This matter will, without further Order of this Court, be dismissed with prejudice within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date, as to Defendants Maricopa County and William Montgomery, only. The Clerk is directed to terminate this matter on December 27, 2018 without further leave of Court, as to Defendants Maricopa County and William Montgomery, only. Signed by Senior Judge David G Campbell on 11/27/18. (EJA)
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Request |
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| 205 |
Filed: 11/26/2018, Entered: 11/26/2018 |
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ORDER. At the request of the parties, the Court has set a Telephonic Discovery Conference for 11/30/2018 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include all remaining parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all remaining parties and the Court no later than 4:00 p.m. on 11/29/2018. Signed by Senior Judge David G Campbell on 11/26/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| 203 |
Filed: 11/21/2018, Entered: 11/21/2018 |
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NOTICE of Settlement Maricopa County and William Montgomery Only by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 202 |
Filed: 11/21/2018, Entered: 11/21/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 204 |
Filed: 11/19/2018, Entered: 11/21/2018 |
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MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S. Willett: Settlement Conference held on 11/19/2018. The parties participated in good faith. The case did not settle as to the State Defendants. The case settled as to all claims as to all County Defendants. Counsel for the County Defendants shall file a Notice of Settlement within five (5) business days, and a Stipulation to Dismiss with Prejudice within thirty (30) days after the filing of the Notice of Settlement. APPEARANCES: Jason Lamm and David Don for and with Plaintiff 9ABED4D, Jr.; Edward Novak and Melissa Ho for State Defendants and appearing with Michelle Wilkerson (Risk Management) and Mark Dawson (Paralegal); Michele Iafrate for County Defendants and appearing with Shannon Murphy (Risk Management). A court reporter was not present, nor was the conference digitally recorded. Settlement Conference held 9:35 AM to 4:05 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MRH)
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| 201 |
Filed: 11/9/2018, Entered: 11/9/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 200 |
Filed: 11/5/2018, Entered: 11/5/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 199 |
Filed: 11/2/2018, Entered: 11/2/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Don, David)
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Request |
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| 198 |
Filed: 11/2/2018, Entered: 11/2/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 197 |
Filed: 11/2/2018, Entered: 11/2/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
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Request |
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| 196 |
Filed: 10/31/2018, Entered: 10/31/2018 |
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NOTICE of Deposition of Ivan Mathew, filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 195 |
Filed: 10/25/2018, Entered: 10/25/2018 |
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*NOTICE of Waiver of Electronic Service re: REQUEST for Removal From Electronic Case Filing by Movants Arizona Office of the Governor, Douglas A Ducey. (Johnson, Brett) *Modified to correct event type on 10/26/2018 (EJA).
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Request |
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| 194 |
Filed: 10/25/2018, Entered: 10/25/2018 |
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ORDER SETTING SETTLEMENT CONFERENCE for 11/19/2018 at 09:30 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Eileen S Willett. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 10/24/18. (EJA)
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Request |
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| 193 |
Filed: 10/24/2018, Entered: 10/24/2018 |
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MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S Willett: In Chambers Telephonic Conference held on 10/24/2018. APPEARANCES: Jason Lamm and David Don appearing for Plaintiff 9ABED4D. Jonathan Brinson appearing for Defendants State of Arizona, Heston Silbert, Christopher Kalkowski, Frank Milstead, Ken Hunter, Kelly M. Heape, Jennifer Pinnow, and Anthony Falcone. Michele Iafrate appearing for Defendants William Montgomery and Maricopa County. All appearances telephonic. ORDERED setting Settlement Conference for Monday, November 19, 2018, at 9:30 a.m. Separate order to issue. Hearing held 2:30 PM to 2:51 PM.(EJA)
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Request |
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| 192 |
Filed: 10/18/2018, Entered: 10/18/2018 |
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ORDER: This case is randomly assigned to Magistrate Judge Eileen S. Willett for purposes of conducting a settlement conference. The parties shall jointly call Magistrate Judge Willett's chambers on or before October 23, 2018 for purposes of scheduling a settlement conference. Signed by Senior Judge David G Campbell on 10/18/18. (EJA)
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Request |
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| 191 |
Filed: 10/18/2018, Entered: 10/18/2018 |
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ORDER granting 189 stipulation to dismiss Count 4 against Defendants Milstead and Silbert only. Count Four of the Second Amended Complaint (Doc. 8 ) is dismissed against Defendant Frank Milstead and Defendant Heston Silbert only. Signed by Senior Judge David G Campbell on 10/18/18. (EJA)
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Request |
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| 190 |
Filed: 10/18/2018, Entered: 10/18/2018 |
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ORDER re: 177 Memorandum filed by 9ABED4D, 179 Response filed by Heston Silbert, Ken Hunter, Kelly M Heape, Christopher Kalkowski, Anthony Falcone, Maricopa, County of, William G Montgomery, Jennifer Pinnow, Arizona, State of, Frank Milstead. Signed by Senior Judge David G Campbell on 10/18/2018. (DGC, nvo)
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Request |
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| 189 |
Filed: 10/17/2018, Entered: 10/17/2018 |
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STIPULATION of Dismissal OF COUNT 4 AGAINST DEFENDANTS FRANK MILSTEAD AND HESTON SILBERT ONLY by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
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Request |
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| 188 |
Filed: 10/17/2018, Entered: 10/17/2018 |
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STIPULATION FOR REFERRAL TO UNITED STATES MAGISTRATE JUDGE FOR SETTLEMENT PURPOSES ONLY by 9ABED4D. (Lamm, Jason)
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Request |
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| 187 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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AMENDED NOTICE of Deposition of KEN HUNTER, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 186 |
Filed: 10/12/2018, Entered: 10/12/2018 |
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*NOTICE of Waiver of Electronic Service re: REQUEST FOR REMOVAL OF COUNSEL FROM CM/ECF SERVICE LIST by Movant 8A4059B. (Vigil, Joseph) *Modified to correct event type on 10/16/2018 (EJA).
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Request |
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| 185 |
Filed: 10/11/2018, Entered: 10/11/2018 |
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ORDER granting 176 Motion to Amend/Correct. The Court concludes that Dr. Pitt's untimely death, and the need to obtain his materials through a probate court, constitute good cause under Rule 16(b)(4) for granting the requested extension. The opinion of Dr. Hayes shall be disclosed by November 2, 2018; the opinion of any defense expert about emotional damages sustained by Plaintiff shall be disclosed by December 7, 2018; and Plaintiff's rebuttal disclosure shall be due by January 4, 2018. The rest of the existing case management schedule shall remain in place. Signed by Senior Judge David G Campbell on 10-11-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 184 |
Filed: 10/10/2018, Entered: 10/10/2018 |
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RESPONSE in Opposition re: 176 First MOTION to Amend/Correct 45 Scheduling Order filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 183 |
Filed: 10/10/2018, Entered: 10/10/2018 |
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NOTICE re: Defendants' Notice of Service of Subpoena by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Novak, Edward)
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Request |
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| 182 |
Filed: 10/10/2018, Entered: 10/10/2018 |
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RESPONSE to Motion re: 176 First MOTION to Amend/Correct 45 Scheduling Order filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
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| 181 |
Filed: 10/9/2018, Entered: 10/9/2018 |
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NOTICE re: Service of Subpoena by Maricopa, County of, William G Montgomery . (Iafrate, Michele)
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Request |
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| 180 |
Filed: 10/5/2018, Entered: 10/5/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 179 |
Filed: 10/5/2018, Entered: 10/5/2018 |
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RESPONSE re: 177 Memorandum Joint by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Maricopa, County of, Frank Milstead, William G Montgomery, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Index to Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I)(Brinson, Jonathan)
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Request |
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| 178 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 177 |
Filed: 9/28/2018, Entered: 9/28/2018 |
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MEMORANDUM PLAINTIFF'S MEMORANDUM RE: DISCOVERY DISPUTE by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Lamm, Jason)
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Request |
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| 176 |
Filed: 9/27/2018, Entered: 9/27/2018 |
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First MOTION to Amend/Correct 45 Scheduling Order by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David)
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Request |
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| 175 |
Filed: 9/20/2018, Entered: 9/21/2018 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephone Discovery Conference held on 9/20/2018. (see entry for details) (Court Reporter Jennifer Pancratz.) Hearing held 4:43 PM to 5:11 PM.(TCA)
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Request |
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| 174 |
Filed: 9/10/2018, Entered: 9/10/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
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Request |
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| 173 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 172 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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STIPULATION TO AMEND CASE MANAGEMENT ORDER (First Request) by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
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Request |
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| 171 |
Filed: 9/6/2018, Entered: 9/6/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 170 |
Filed: 8/29/2018, Entered: 8/29/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 169 |
Filed: 8/28/2018, Entered: 8/28/2018 |
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ORDER. The Court has reviewed the emails withheld as work product (Doc. 160) and Defendants' memorandum regarding the emails (Doc. 168). During the telephone conference regarding these emails on August 14, 2018, Plaintiff argued that any work product protection has been waived by the production of emails related to discovery in the criminal case and the testimony of a paralegal on the logistics of discovery in the criminal case. In response, Ms. Iafrate stated that she had permitted discovery on the logistics of production in the criminal case, but had asserted work product protection with respect to attorney mental impressions and opinions. She argued that the redacted portions of the emails contained attorney mental impressions and opinions. The Court has reviewed the redacted portions of the emails in camera, and does not agree that they include attorney mental impressions or opinions. The state prosecutor's emails merely restate categories of documents sought by Mr. 9ABED4D counsel and ask about the status of the search for them. The DPS case agent provides very brief responses on the status of locating the documents. As the emails concern the logistics of discovery in the criminal case, a subject on which Defendants have permitted discovery in this case, and not attorney mental impressions or opinions, the Court concludes that the any work product protection applicable to the redacted emails has been waived. See Hernandez v. Tanninen, 604 F.3d 1095, 1100 (9th Cir. 2010) (disclosure of work product waives the protection with respect to other documents on the same subject). Defendants shall produce the redacted portions of the emails (Bates pages 3440001444-1445) to Plaintiff's counsel within three days of this order. Signed by Senior Judge David G Campbell on 8-28-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 168 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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MEMORANDUM regarding Work Product pursuant to 158 Order by Defendants Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 167 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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Third AMENDED NOTICE of Deposition of WILLIAM MONTGOMERY, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 166 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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ORDER: Telephonic Discovery Conference set for 9/20/2018 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used for the hearing, Plaintiff's counsel shall circulate an email to counsel for all parties and the Court no later than 9/19/2018 at 12:00 noon. Signed by Senior Judge David G Campbell on 8/23/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Request |
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| 165 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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NOTICE of Appearance by Ashlee B Hesman on behalf of Edward Leiter, Vanessa Losicco. (Hesman, Ashlee)
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Request |
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| 164 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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First AMENDED NOTICE of Deposition of State of Arizona, filed by 9ABED4D. (Don, David)
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Request |
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| 163 |
Filed: 8/21/2018, Entered: 8/21/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
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Request |
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| 162 |
Filed: 8/17/2018, Entered: 8/17/2018 |
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Second AMENDED NOTICE of Deposition of William Montgomery, filed by 9ABED4D. (Don, David)
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Request |
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| 161 |
Filed: 8/17/2018, Entered: 8/17/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
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Request |
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| 160 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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SEALED DISCOVERY for In Camera Inspection by Maricopa, County of, William G Montgomery. (ATD)
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| 159 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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ORDER granting Defendants' 153 Motion to File Discovery Under Seal. The Clerk is directed to accept for filing under seal the document lodged on the Court's docket as Doc. 154 . Signed by Senior Judge David G Campbell on 8/16/2018. (ATD)
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Request |
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| 158 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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ORDER. The Court has reviewed the emails provided in camera as required in the recent telephone conference with the parties. By August 24, 2018, Defendants shall file a 3-page memorandum explaining why they believe the redacted portions are work product. Signed by Senior Judge David G Campbell on 8-16-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 156 |
Filed: 8/15/2018, Entered: 8/15/2018 |
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ORDER finding as moot 155 Motion for Protective Order. This is a discovery motion that should not be filed without a conference call, but a conference call on an issue such as this is not necessary. Plaintiff's counsel shall work with defense counsel to find a new date for Mr. Montgomery's deposition. Signed by Senior Judge David G Campbell on 8-15-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 155 |
Filed: 8/15/2018, Entered: 8/15/2018 |
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MOTION for Protective Order for William Montgomery's Deposition by Maricopa, County of, William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Iafrate, Michele)
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Request |
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| 157 |
Filed: 8/14/2018, Entered: 8/15/2018 |
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MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephone Discovery Conference held on 8/14/2018.(see entry for details) (Court Reporter Patricia Lyons.) Hearing held 2:01 PM to 2:45 PM.(TCA)
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Request |
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| 154 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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***FILED at (Doc. 160 )***SEALED LODGED Proposed Defendants Discovery for In Camera Inspection re: 153 MOTION to Seal Document for In Camera Inspection. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele) Modified on 8/16/2018 (ATD).
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Request |
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| 153 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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MOTION to Seal Document for In Camera Inspection by Maricopa, County of, William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Iafrate, Michele)
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Request |
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| 152 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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ORDER. The Court held a discovery conference call with the parties today on whether depositions of county prosecutors are permitted after the Court's order of August 6, 2018. Doc. 145. That order denied Plaintiff's motion to compel six categories of information for which Defendants and witnesses asserted work product immunity, absolute prosecutorial immunity, and the deliberative process privilege. In other words, the Court refused compel discovery on the six categories of information. The Court's order noted several times that it was unable to reach precise decisions because the arguments made by the parties were very general. The order also noted, with respect to category (iv), that prosecutors would not be entitled to absolute immunity protection for their investigative advice to law enforcement officers (id. at 8); that portions of category (i) might not be entitled to absolute immunity protection (id.); and that the deliberative process privilege would not apply to purely factual information (id. at 9). In other words, the Court's order did not conclude that all possible discovery from the county prosecutors should be foreclosed. Nor did Defendant or the witnesses seek a protective order precluding all discovery. As a result, the Court concludes that the depositions should proceed. If carefully conducted, the depositions should result in discovery of information not covered by an immunity or privilege, and should identify specific topics on which the parties disagree. The Court noted during today's conference call that it will not be inclined to permit witnesses at trial to testify on subjects as to which they asserted an immunity or privilege during discovery, a fact Defendants might want to consider in deciding where to oppose discovery. Signed by Senior Judge David G Campbell on 8-14-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 151 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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NOTICE re: OF CORRECTION ON STATEMENTS REGARDING ONGOING INVESTIGATION MADE DURING AUGUST 14, 2018 DISCOVERY CONFERENCE by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Brinson, Jonathan)
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Request |
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| 150 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 149 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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ORDER: Discovery Conference Call set for 8/14/2018 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall circulate an email to counsel for all parties and the Court containing the dial-in information no later than 5:00 PM on 8/13/2018. Signed by Senior Judge David G Campbell on 8/13/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Request |
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| 148 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 147 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 146 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 145 |
Filed: 8/6/2018, Entered: 8/6/2018 |
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ORDER re: 113 Memorandum filed by 9ABED4D. Motion to compel is denied. See Order for details. Signed by Judge David G Campbell on 8/6/2018. (DGC, nvo)
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Request |
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| 144 |
Filed: 7/30/2018, Entered: 7/30/2018 |
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NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Ho, Melissa)
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Request |
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| 143 |
Filed: 7/30/2018, Entered: 7/30/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 142 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
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Request |
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| 141 |
Filed: 7/26/2018, Entered: 7/26/2018 |
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NOTICE of Deposition of State of Arizona, filed by 9ABED4D. (Don, David)
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Request |
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| 140 |
Filed: 7/26/2018, Entered: 7/26/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY CONFERENCE proceedings held on 07/25/2018, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). 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 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018. (RAP)
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Request |
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| 139 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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AMENDED TRANSCRIPT REQUEST pursuant to 138 Notice of Deficiency by Arizona Office of the Governor, Douglas A Ducey for proceedings held on July 25, 2018, Judge David G Campbell hearing judge(s). (Johnson, Brett)
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Request |
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| 138 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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NOTICE TO FILER OF DEFICIENCY re: AO435 136 Transcript Request filed by Douglas A Ducey, Arizona Office of the Governor. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. Item 19 - Signature is not in proper electronic format. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery and with Item 19 in proper electronic signature format - s/typewritten name of e-filer. 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. (RAP)
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Request |
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| 137 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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ORDER. The Court held a telephone discovery conference with the parties this morning concerning Plaintiff's desire to depose Governor Ducey. "[T]he settled rule across the circuits is that absent extraordinary circumstances, high-ranking officials may not be subjected to depositions." Coleman v. Schwarzenegger, 2008 WL 4300437, at *2 (E.D. Cal. Sept. 15, 2008) (citing cases); see also Kyle Eng. Co. v. Kleppe, 600 F.2d 226, 231-32 (9th Cir. 1979). The Court must consider "(1) whether the Governor has unique first-hand, non-repetitive knowledge of the facts at issue in the case and (2) whether the party seeking the deposition has exhausted other less intrusive discovery methods." Estate of Levingston v. Cty. of Kern, 320 F.R.D. 520, 525 (E.D. Cal. 2017). Plaintiff seeks to depose Governor Ducey regarding several telephone conversations he had with Defendant Milstead around the time of Plaintiff's arrest. The purpose would be two-fold: to obtain information regarding Defendant Milstead's "demeanor" during these calls, and to determine whether Defendant Milstead mentioned that Plaintiff's gun was in a pawn shop at the time of the last shooting. The Court concludes that Plaintiff is not likely to obtain valuable information regarding Milstead's demeanor from telephone calls, and that information regarding his attitude and intentions is better obtain from the numerous other witnesses who had substantial and continuous contact with Milstead throughout this matter. Similarly, whether Milstead knew that Plaintiff's gun was in a pawn shop can be the subject of discovery from the many other individuals who were at work with Milstead on this investigation. The Court cannot conclude that Governor Ducey's knowledge on these subject is sufficiently unique, and the other sources of information on these subjects so lacking, as to satisfy the extraordinary circumstances test. The Court will not permit the deposition of the Governor. Signed by Judge David G Campbell on 7-25-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 136 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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TRANSCRIPT REQUEST by Arizona Office of the Governor, Douglas A Ducey for proceedings held on July 25, 2018, Judge David G Campbell hearing judge(s). (Johnson, Brett)
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Request |
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| 135 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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|
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 7/25/2018. Taking of the deposition of Governor Ducey discussed. Court will issue an order. APPEARANCES: Telephonic appearance by David Don and Jason Lamm for Plaintiff. Telephonic appearance by Edward Novak and Melissa Ho for State of Arizona Defendants. Telephonic appearance by Michele Iafrate for Maricopa County Defendants. Telephonic appearance by Ashlee Hesman for non-party Edward Leiter and Vanessa Loscisso. Telephonic appearance by Brett Johnson and Lindsey Short for Governor Ducey. (Court Reporter Patricia Lyons.) Hearing held 10:34 AM to 11:00 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
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Request |
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| 134 |
Filed: 7/24/2018, Entered: 7/24/2018 |
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NOTICE of Deposition of SHERRY LECKRONE, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 133 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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NOTICE of Deposition of JOHN MACUILLA, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 132 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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NOTICE of Deposition of EDWARD DeCASTRO, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 131 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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ORDER. Telephonic Discovery Conference is set for 7/25/2018 at 10:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties in the litigation and the Court. If a dial-in number is to be used, counsel for Plaintiff shall circulate the dial-in information no later than 12:00 noon on 7/24/2018. Signed by Judge David G Campbell on 7/23/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Request |
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| 130 |
Filed: 7/20/2018, Entered: 7/20/2018 |
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REPLY re: 126 Memorandum, 121 Order - Defendants' Joint Reply by Defendants Edward Leiter, Vanessa Losicco. (Attachments: # 1 Exhibit 1)(Hesman, Ashlee)
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Request |
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| 129 |
Filed: 7/18/2018, Entered: 7/18/2018 |
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NOTICE of Deposition of KEN HUNTER, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 128 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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SUPPLEMENT LETTER TO COURT re: 126 Memorandum by Plaintiff 9ABED4D. (Lamm, Jason)
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Request |
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| 127 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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ORDER pursuant to 125 Stipulation: Counts 3 and 4 of the Second Amended Complaint 8 are dismissed as to Defendant Maricopa County and William Montgomery, only. Signed by Judge David G Campbell on 7/19/2018. (DGC, nvo)
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Request |
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| 126 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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MEMORANDUM REPLY MEMORANDUM TO COMPEL DISCOVERY RE: CLAIMS OF WORK PRODUCT PRIVILEGE by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit Transcript, # 2 Exhibit News Article, # 3 Exhibit Deposition Transcript, # 4 Exhibit Privilege Log, # 5 Exhibit Minute Entry, # 6 Exhibit Hearing Transcript, # 7 Exhibit Superior Court Protective Order)(Lamm, Jason)
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Request |
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| 125 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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*STIPULATION of DISMISSAL re: Counts Three and Four by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Don, David) *Modified to correct event on 7/16/2018 (REK).
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Request |
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| 124 |
Filed: 7/10/2018, Entered: 7/10/2018 |
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NOTICE of Deposition of Glenn 9ABED4D Sr, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 123 |
Filed: 7/10/2018, Entered: 7/10/2018 |
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NOTICE of Deposition of Jennifer (9ABED4D) Crane, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 122 |
Filed: 7/5/2018, Entered: 7/5/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 121 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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ORDER. The Court has reviewed the parties' briefing on issues raised in the discovery conference call of June 1, 2018. Doc. 103. The Court is unable to rule for several reasons. (1) Plaintiff provides no detail concerning the documents he seeks or the questions he wants to ask in the upcoming depositions, nor does he provide the privilege log he is attacking. He identifies three broad issues, but provides no more specificity. Privilege and work product issues generally must be decided on a document-specific or question-specific basis. Although that level of detail may not be necessary here, the Court needs more than a general assertion that discovery should be permitted on three broad issues. (2) The state court judge's protective order was entered earlier in this very case. If it is to be set aside, the Court needs to understand the basis for that ruling and why it is flawed. Plaintiff argues only that any work-product basis for the ruling is preempted, but says nothing about the other grounds that were asserted by Defendants in state court and on which the ruling may have been based. (3) Defendants assert the deliberative process privilege and prosecutorial immunity as grounds for denying discovery. Neither of these is addressed in Plaintiff's memorandum. (4) Defendants make arguments regarding the Doubleday case that Plaintiff has not addressed. Plaintiff shall have until July 13, 2018, to file an additional memorandum on these matters, not to exceed 8 pages (excluding exhibits). Defendants may file an 8-page reply by July 20, 2018. Signed by Judge David G Campbell on 7-3-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Request |
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| 120 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Don, David)
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Request |
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| 119 |
Filed: 6/29/2018, Entered: 6/29/2018 |
|
|
RESPONSE re: 113 Memorandum - Joint with County Defendants by Defendants Edward Leiter, Vanessa Losicco. (Attachments: # 1 Exhibit 1-4)(Hesman, Ashlee)
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Request |
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| 118 |
Filed: 6/27/2018, Entered: 6/27/2018 |
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NOTICE of Service of Discovery filed by 9ABED4D. (Don, David)
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Request |
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| 117 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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NOTICE of Deposition of JASON WARREN, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 116 |
Filed: 6/19/2018, Entered: 6/20/2018 |
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NOTICE TO FILER OF DEFICIENCY re: 115 Notice of Deposition filed by 9ABED4D. 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. (EJA)
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Request |
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| 115 |
Filed: 6/19/2018, Entered: 6/19/2018 |
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NOTICE of Deposition of JASON WARREN, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 114 |
Filed: 6/18/2018, Entered: 6/19/2018 |
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NOTICE TO FILER OF DEFICIENCY re: 111 Notice of Deposition filed by 9ABED4D. 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. (EJA)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 113 |
Filed: 6/18/2018, Entered: 6/18/2018 |
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MEMORANDUM in Support of 103 Discovery Hearing by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Don, David)
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Request |
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| 112 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
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Request |
|
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| 111 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Deposition of JASON WARREN, filed by 9ABED4D. (Lamm, Jason)
|
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Request |
|
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| 110 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Deposition of WILLIAM MONTGOMERY, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 109 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Deposition of KEITH MANNING, filed by 9ABED4D. (Lamm, Jason)
|
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Request |
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| 108 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Deposition of EDWARD LEITER, filed by 9ABED4D. (Lamm, Jason)
|
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Request |
|
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| 107 |
Filed: 6/18/2018, Entered: 6/18/2018 |
|
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NOTICE of Deposition of VANESSA (LOSICCO) CUEVAS, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 106 |
Filed: 6/18/2018, Entered: 6/18/2018 |
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*Notice of Attorney Withdrawal Renee J. Waters by Maricopa, County of, William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Iafrate, Michele) *Modified to correct event type on 6/19/2018 (EJA).
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Request |
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| 105 |
Filed: 6/13/2018, Entered: 6/13/2018 |
|
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NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
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Request |
|
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| 104 |
Filed: 6/8/2018, Entered: 6/8/2018 |
|
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NOTICE re: Of Service Of Subpoena by 9ABED4D. (Lamm, Jason)
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Request |
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| 103 |
Filed: 6/1/2018, Entered: 6/1/2018 |
|
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MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephonic Discovery Hearing held on 6/1/2018. (see entry for details) (Court Reporter Patricia Lyons.) Hearing held 3:30 PM to 3:58 PM.(TCA)
|
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Request |
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| 102 |
Filed: 6/1/2018, Entered: 6/1/2018 |
|
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NOTICE of Deposition of Sarafina Garza, filed by Arizona, State of. (Novak, Edward)
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Request |
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| 101 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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ORDER. Telephonic Discovery Conference set for 6/1/2018 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all Defendants and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to all counsel and the Court no later than 12:00 noon on 5/31/2018. Signed by Judge David G Campbell on 5/29/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Request |
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| 100 |
Filed: 5/25/2018, Entered: 5/25/2018 |
|
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NOTICE of Service of Discovery filed by 9ABED4D. (Don, David)
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Request |
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| 99 |
Filed: 5/22/2018, Entered: 5/22/2018 |
|
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NOTICE of Deposition of WILLIAM MONTGOMERY, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 98 |
Filed: 5/17/2018, Entered: 5/17/2018 |
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ORDER denying 63 Motion for Summary Judgment; denying 65 Motion for Summary Judgment; granting 82 Motion for Extension of Time to File Response/Reply ; granting 83 Motion for Extension of Time Deadline. Signed by Judge David G Campbell on 5/17/2018.(DGC, nvo)
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Request |
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| 97 |
Filed: 5/16/2018, Entered: 5/16/2018 |
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REPLY to Response to Motion re: 82 First MOTION for Extension of Time to File Response/Reply as to 64 Statement of Facts, 63 MOTION for Summary Judgment Re: State Defendants filed by 9ABED4D. (Don, David)
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Request |
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| 96 |
Filed: 5/16/2018, Entered: 5/16/2018 |
|
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NOTICE of Deposition of Cade Shaw, filed by 9ABED4D. (Don, David)
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Request |
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| 95 |
Filed: 5/10/2018, Entered: 5/10/2018 |
|
|
NOTICE of Deposition of DANIELLE TREVINO, filed by 9ABED4D. (Lamm, Jason)
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Request |
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| 94 |
Filed: 5/9/2018, Entered: 5/9/2018 |
|
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REPLY to Response to Motion re: 83 MOTION for Extension of Time Under 56(d) filed by 9ABED4D. (Don, David)
|
|
Request |
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| 93 |
Filed: 5/8/2018, Entered: 5/8/2018 |
|
|
NOTICE of Deposition of KEITH MANNING, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
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| 92 |
Filed: 5/8/2018, Entered: 5/8/2018 |
|
|
NOTICE of Deposition of VANESSA (LOSICCO) CUEVAS, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
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| 91 |
Filed: 5/8/2018, Entered: 5/8/2018 |
|
|
NOTICE of Deposition of EDWARD LEITER, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
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| 90 |
Filed: 5/7/2018, Entered: 5/7/2018 |
|
|
RESPONSE to Motion re: 83 MOTION for Extension of Time Under 56(d) filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
|
|
Request |
|
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| 89 |
Filed: 5/7/2018, Entered: 5/7/2018 |
|
|
NOTICE of Deposition of Anthony Falcone, filed by 9ABED4D. (Don, David)
|
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Request |
|
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| 88 |
Filed: 5/4/2018, Entered: 5/4/2018 |
|
|
RESPONSE in Opposition re: 83 MOTION for Extension of Time Under 56(d) filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
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| 87 |
Filed: 4/30/2018, Entered: 4/30/2018 |
|
|
ORDER pursuant to 85 Stipulation: Response by State Defendants to Plaintiff's motion 82 First MOTION for Extension of Time to File Response/Reply as to 64 Statement of Facts, 63 MOTION for Summary Judgment filed by 9ABED4D. Response due 5/7/2018. Signed by Judge David G Campbell on 4/30/2018. (DGC, nvo)
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Request |
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| 86 |
Filed: 4/27/2018, Entered: 4/27/2018 |
|
|
NOTICE of Service of Discovery filed by Arizona Office of the Governor, Douglas A Ducey. (Johnson, Brett)
|
|
Request |
|
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| 85 |
Filed: 4/27/2018, Entered: 4/27/2018 |
|
|
STIPULATION for Extension of Time for State Defendants to Respond to Plaintiff's 56(d) Motion by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Text of Proposed Order Proposed Order on Stipulation for Extension of Time)(Brinson, Jonathan)
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|
Request |
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| 84 |
Filed: 4/26/2018, Entered: 4/26/2018 |
|
|
NOTICE re: Defendant's Notice of Service of Subpoena by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Novak, Edward)
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|
Request |
|
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| 83 |
Filed: 4/24/2018, Entered: 4/24/2018 |
|
|
MOTION for Extension of Time Under 56(d) by 9ABED4D. (Attachments: # 1 Exhibit Declaration of Counsel, # 2 Exhibit Certificate of Consultation, # 3 Exhibit Deposition Excerpt)(Don, David)
|
|
Request |
|
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| 82 |
Filed: 4/16/2018, Entered: 4/16/2018 |
|
|
First MOTION for Extension of Time to File Response/Reply as to 64 Statement of Facts, 63 MOTION for Summary Judgment by 9ABED4D. (Attachments: # 1 Exhibit Declaration of Counsel, # 2 Exhibit Certificate of Consultation, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Don, David)
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Request |
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| 81 |
Filed: 4/16/2018, Entered: 4/16/2018 |
|
|
NOTICE of Deposition of Suaceda, Eddina, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 80 |
Filed: 4/12/2018, Entered: 4/12/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 79 |
Filed: 4/10/2018, Entered: 4/10/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 78 |
Filed: 4/10/2018, Entered: 4/10/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 77 |
Filed: 4/9/2018, Entered: 4/9/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 76 |
Filed: 4/2/2018, Entered: 4/2/2018 |
|
|
RESPONSE re: 55 Discovery Hearing by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Attachment A - B)(Novak, Edward)
|
|
Request |
|
|
|
| 75 |
Filed: 4/2/2018, Entered: 4/2/2018 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 74 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 73 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 72 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 71 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
Joinder re: 63 MOTION for Summary Judgment State of Arizona by Defendants Maricopa, County of, William G Montgomery. (Waters, Renee)
|
|
Request |
|
|
|
| 70 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 69 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
NOTICE of Service of Discovery filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 68 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Waters, Renee)
|
|
Request |
|
|
|
| 67 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
NOTICE of Service of Discovery filed by Maricopa, County of, William G Montgomery. (Waters, Renee)
|
|
Request |
|
|
|
| 66 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
STATEMENT OF FACTS re: 65 MOTION for Summary Judgment by Defendants Maricopa, County of, William G Montgomery. (Attachments: # 1 Exhibit Cover, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4-6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12)(Waters, Renee)
|
|
Request |
|
|
|
| 65 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
MOTION for Summary Judgment by Maricopa, County of, William G Montgomery. (Waters, Renee)
|
|
Request |
|
|
|
| 64 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
STATEMENT OF FACTS re: 63 MOTION for Summary Judgment by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Exhibits 1 - 3, # 3 Exhibit Exhibit 4, Part 1, # 4 Exhibit Exhibit 4, Part 2, # 5 Exhibit Exhibits 5 - 12, # 6 Exhibit Exhibits 13 - 20, # 7 Exhibit Exhibits 21 - 23, # 8 Exhibit Exhibits 24 - 32)(Brinson, Jonathan)
|
|
Request |
|
|
|
| 63 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
|
MOTION for Summary Judgment by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
|
|
Request |
|
|
|
| 62 |
Filed: 3/19/2018, Entered: 3/19/2018 |
|
|
ORDER re discovery issues addressed during 2/28/2018 conference call. Signed by Judge David G Campbell on 3/19/2018. (DGC, nvo)
|
|
Request |
|
|
|
| 61 |
Filed: 3/16/2018, Entered: 3/16/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 60 |
Filed: 3/15/2018, Entered: 3/15/2018 |
|
|
REPLY re: 58 Response To Plaintiff's Memorandum Re: Pending Disclosure Issues by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT 1, # 2 Exhibit EXHIBIT 2)(Lamm, Jason)
|
|
Request |
|
|
|
| 59 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
STATEMENT of Position Concerning Discovery on Third Parties re: 56 Memorandum by Movants Arizona Office of the Governor, Douglas A Ducey. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Johnson, Brett)
|
|
Request |
|
|
|
| 58 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
RESPONSE re: 56 Memorandum State Defendants' Response to Plaintiffs Memorandum re: Pending Discovery Issues by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Attachments: # 1 Exhibit A - M)(Ho, Melissa)
|
|
Request |
|
|
|
| 57 |
Filed: 3/7/2018, Entered: 3/7/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 56 |
Filed: 3/6/2018, Entered: 3/6/2018 |
|
|
MEMORANDUM RE: PENDING DISCOVERY ISSUES by Plaintiff 9ABED4D. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C)(Lamm, Jason)
|
|
Request |
|
|
|
| 55 |
Filed: 2/28/2018, Entered: 3/1/2018 |
|
|
MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephonic Discovery Hearing held on 2/28/2018.( See minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 2:02 PM to 2:33 PM.(TCA)
|
|
Request |
|
|
|
| 54 |
Filed: 2/28/2018, Entered: 2/28/2018 |
|
|
PROTECTIVE ORDER. Signed by Judge David G Campbell on 2/28/2018. (DGC, nvo)
|
|
Request |
|
|
|
| 53 |
Filed: 2/27/2018, Entered: 2/27/2018 |
|
|
NOTICE of Filing - Proposed Pretrial Order filed by 9ABED4D. (Attachments: # 1 Text of Proposed Order)(Lamm, Jason)
|
|
Request |
|
|
|
| 52 |
Filed: 2/26/2018, Entered: 2/26/2018 |
|
|
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Brinson, Jonathan)
|
|
Request |
|
|
|
| 51 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
NOTICE of Deposition of JENNIFER PINNOW, filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 50 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
NOTICE of Deposition of Sarafina Garza, filed by Arizona, State of. (Novak, Edward)
|
|
Request |
|
|
|
| 49 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
NOTICE of Deposition of Eddina Sauceda, filed by Arizona, State of. (Novak, Edward)
|
|
Request |
|
|
|
| 48 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
NOTICE of Deposition of Cynthia Sauceda, filed by Arizona, State of. (Novak, Edward)
|
|
Request |
|
|
|
| 47 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
NOTICE of Deposition of 9ABED4D, filed by Arizona, State of. (Novak, Edward)
|
|
Request |
|
|
|
| 46 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
NOTICE re: Service of Subpoenas by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Novak, Edward)
|
|
Request |
|
|
|
| 45 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
CASE MANAGEMENT ORDER: Discovery due by 9/7/2018. Dispositive motions due by 4/12/2019. Signed by Judge David G Campbell on 2/9/2018. (See order for additional deadlines)(TCA)
|
|
Request |
|
|
|
| 44 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 43 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
NOTICE of Service of Discovery filed by 9ABED4D. (Lamm, Jason)
|
|
Request |
|
|
|
| 42 |
Filed: 2/8/2018, Entered: 2/9/2018 |
|
|
MINUTE ENTRY for proceedings held before Judge David G Campbell:Scheduling Conference held on 2/8/2018. ORDERED denying as moot 35 Motion to Dismiss Counts/Claims; denying as moot 35 Motion to Dismiss for Failure to State a Claim; finding as moot 37 Motion to Stay. Telephonic Discovery Hearing set for 2/28/2018 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Jennifer Pancratz.) Hearing held 4:04 PM to 4:45 PM.(TCA)
|
|
Request |
|
|
|
| 41 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
NOTICE of Party Dismissal by 9ABED4D. Party Edward Leiter (in his individual capacity (CV2017-010951) ) and Vanessa Losicco (in her individual capacity (CV2017-010951)) terminated. (Don, David)
|
|
Request |
|
|
|
| 40 |
Filed: 2/5/2018, Entered: 2/5/2018 |
|
|
NOTICE re: Defendants Notice of Independent Medical Examination by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Novak, Edward)
|
|
Request |
|
|
|
| 39 |
Filed: 2/2/2018, Entered: 2/2/2018 |
|
|
RESPONSE in Opposition re: 37 MOTION to Stay Discovery filed by 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 38 |
Filed: 1/30/2018, Entered: 1/30/2018 |
|
|
ORDER re: 9 Order, Set/Reset Hearings: DUE TO A CONFLICT IN THE COURT'S CALENDAR, the Rule 16 Case Management Conference set for 1/31/2018 at 4:00 PM is VACATED and RESET to 2/8/2018 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 1/30/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
|
|
Request |
|
|
|
| 37 |
Filed: 1/30/2018, Entered: 1/30/2018 |
|
|
MOTION to Stay Discovery by Edward Leiter, Vanessa Losicco. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas)
|
|
Request |
|
|
|
| 36 |
Filed: 1/26/2018, Entered: 1/26/2018 |
|
|
ANSWER to 8 Amended Complaint with Jury Demand by Maricopa, County of, William G Montgomery.(Iafrate, Michele)
|
|
Request |
|
|
|
| 35 |
Filed: 1/26/2018, Entered: 1/26/2018 |
|
|
MOTION to Dismiss Counts/Claims : First and Second Causes of Action , MOTION to Dismiss for Failure to State a Claim by Edward Leiter, Vanessa Losicco. (Attachments: # 1 Exhibit 1-3, # 2 Certificate of Conferral)(Acedo, Nicholas)
|
|
Request |
|
|
|
| 34 |
Filed: 1/26/2018, Entered: 1/26/2018 |
|
|
ANSWER to 8 Amended Complaint with Jury Demand by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert.(Brinson, Jonathan)
|
|
Request |
|
|
|
| 33 |
Filed: 1/24/2018, Entered: 1/24/2018 |
|
|
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 32 |
Filed: 1/24/2018, Entered: 1/24/2018 |
|
|
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 31 |
Filed: 1/10/2018, Entered: 1/10/2018 |
|
|
ORDER finding as moot 18 Motion for order regarding amended complaint. Defendants shall file an answer to the amended complaint on or before 1/26/2018. Signed by Judge David G Campbell on 1/10/2018.(DGC, nvo)
|
|
Request |
|
|
|
| 30 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Maricopa, County of, William G Montgomery. (Iafrate, Michele)
|
|
Request |
|
|
|
| 29 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by 9ABED4D. (Attachments: # 1 Exhibit 1)(Don, David)
|
|
Request |
|
|
|
| 28 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
RESPONSE in Opposition re: 18 MOTION Order Directing Plaintiff to Seek the Court's Leave or Defendants' Written Consent to Amend His Complaint, Provide a Red-Line Second Amended Complaint, and Extend Time for Responsive Pleadings re: 8 Amended Complaint Request filed by 9ABED4D. (Don, David)
|
|
Request |
|
|
|
| 27 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
SERVICE EXECUTED filed by Edward Leiter, Vanessa Losicco: Rule 4 Waiver of Service of Summons. Waiver sent on 12/12/2017 to Vanessa Losicco . (Struck, Daniel)
|
|
Request |
|
|
|
| 26 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
SERVICE EXECUTED filed by Edward Leiter, Vanessa Losicco: Rule 4 Waiver of Service of Summons. Waiver sent on 12/12/2017 to Edward Leiter . (Struck, Daniel)
|
|
Request |
|
|
|
| 25 |
Filed: 12/22/2017, Entered: 12/22/2017 |
|
|
NOTICE of Appearance by Brett William Johnson on behalf of Arizona Office of the Governor, Douglas A Ducey. (Johnson, Brett)
|
|
Request |
|
|
|
| 24 |
Filed: 12/20/2017, Entered: 12/20/2017 |
|
|
NOTICE re: Notice of Service of Process by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert . (Attachments: # 1 Affidavit Affidavit of Service on Sarafina Garza, # 2 Affidavit Affidavit of Service on Cynthia Saucedo, # 3 Affidavit Affidavit of Service on Eddina Saucedo)(Novak, Edward)
|
|
Request |
|
|
|
| 23 |
Filed: 12/20/2017, Entered: 12/20/2017 |
|
|
NOTICE of Deposition of Eddina Sauceda, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 22 |
Filed: 12/20/2017, Entered: 12/20/2017 |
|
|
NOTICE of Deposition of Cynthia Sauceda, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 21 |
Filed: 12/20/2017, Entered: 12/20/2017 |
|
|
NOTICE of Deposition of Sarafina Garza, filed by Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 20 |
Filed: 12/20/2017, Entered: 12/20/2017 |
|
|
NOTICE of Appearance by Edward F Novak on behalf of Arizona, State of, Anthony Falcone, Kelly M Heape, Ken Hunter, Christopher Kalkowski, Frank Milstead, Jennifer Pinnow, Heston Silbert. (Novak, Edward)
|
|
Request |
|
|
|
| 19 |
Filed: 12/15/2017, Entered: 12/15/2017 |
|
|
NOTICE of Appearance by Daniel Patrick Struck on behalf of Edward Leiter, Vanessa Losicco. (Struck, Daniel)
|
|
Request |
|
|
|
| 18 |
Filed: 12/14/2017, Entered: 12/14/2017 |
|
|
MOTION Order Directing Plaintiff to Seek the Court's Leave or Defendants' Written Consent to Amend His Complaint, Provide a Red-Line Second Amended Complaint, and Extend Time for Responsive Pleadings re: 8 Amended Complaint Request for Expedited Ruling by Maricopa, County of, William G Montgomery. (Attachments: # 1 Text of Proposed Order)(Iafrate, Michele)
|
|
Request |
|
|
|
| 17 |
Filed: 12/12/2017, Entered: 12/12/2017 |
|
|
SERVICE EXECUTED filed by 9ABED4D: Rule 4 Waiver of Service of Summons. Waiver sent on Dec 11, 2017 to Anthony Falcone . (Don, David)
|
|
Request |
|
|
|
| 16 |
Filed: 12/12/2017, Entered: 12/12/2017 |
|
|
SERVICE EXECUTED filed by 9ABED4D: Rule 4 Waiver of Service of Summons. Waiver sent on Dec 11, 2017 to Jennifer Pinnow . (Don, David)
|
|
Request |
|
|
|
| 15 |
Filed: 12/12/2017, Entered: 12/12/2017 |
|
|
SERVICE EXECUTED filed by 9ABED4D: Rule 4 Waiver of Service of Summons. Waiver sent on Dec 11, 2017 to Kelly M. Heape . (Don, David)
|
|
Request |
|
|
|
| 14 |
Filed: 12/12/2017, Entered: 12/12/2017 |
|
|
SERVICE EXECUTED filed by 9ABED4D: Rule 4 Waiver of Service of Summons. Waiver sent on Dec 11, 2017 to Ken Hunter . (Don, David)
|
|
Request |
|
Update
Alerts
