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203 |
Filed: 5/5/2004, Entered: 5/5/2004 |
Order |
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ORDER by Judge Roslyn O. Silver that Arizona Independent Redistricting Commission's Motion to Transfer Pursuant to Rule 1.2(g)(1) [CIV 02-799, Docs.##200 and 202] is Granted. CIV 04-797-PHX-MHM will be transferred and heard before this Court, but not consolidated with CIV 02-799-PHX-ROS and CIV 02-807-PHX-ROS. FURTHER ORDERED directing the intervenors in CIV 02-799-PHX-ROS and CIV 02-807-PHX-ROS to move to intervene in CIV 04-797-PHX-ROS, if desired, no later than 5/7/04. (cc: all counsel) (KMG)
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201 |
Filed: 4/29/2004, Entered: 4/29/2004 |
Order |
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ORDER by Judge Roslyn O. Silver that Intervenor-plas AZ Minority Coalition, Ramon Valadez, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados Motion to Amend Order [190-1], Motion to clarify order (#189) and Motion for relief from order (#189) [190-3] are Granted. FURTHER ORDERED that Intervenor-pla Arizonans for Fair and Legal Redistricting Motion to Amende Order [191-1], Motion to clarify order (#189) [191-2], and Motion for relief from order (#189) {191-3] are Granted. FURTHER ORDERED that the Court's 1/9/04 Order [doc.#189] is hereby Vacated. FURTHER ORDERED that Intervenor-pla Arizonans for Fair and Legal Redistricting's Motion for refund of amount paid for special master Bruce Cain [186-1] is Granted. FURTHER ORDERED that Intervenor-pla Arizona Minority Coalition's Motion for refund of amount paid special master Bruce Cain [187-1] is Granted. FURTHER ORDERED directing the Clerk to refund the parties/intervenors in the amounts listed in the "Amount to Be Refunded to Payor" column on Schedule A, attached to this Order. If a check has been submitted by a party or intervenor but not yet cashed by the Court, the Clerk shall return the uncashed check. (cc: all counsel) (KMG)
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202 |
Filed: 4/28/2004, Entered: 4/29/2004, Terminated: 5/3/2006 |
Motion to Change Venue/Transfer Case |
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MOTION to Transfer Pursuant to Rule 1.2(g)(1) (transfer case to Roslyn O Silver) by dft AZ Ind Redistricting in 2:02-cv-00799 [202-1] (SAT)
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200 |
Filed: 4/28/2004, Entered: 4/29/2004 |
Motion to Change Venue/Transfer Case |
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MOTION to Transfer Case CIV 04-797-PHX-MHM to Judge Silver pursuant to Rule 1.2(g)(1) by dft AZ Ind Redistricting in 2:02-cv-00799 [200-1] (KMG)
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199 |
Filed: 4/23/2004, Entered: 4/23/2004 |
Order |
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ORDER by Judge Roslyn O. Silver granting motion to Substitute Attorney Mark C. Dangerfield replacing Neil Vincent Wake and Linda D. Skon by intervenor-plaintiffs Arizonans for Fair & [198-1], Ilia Terrazas, Martin Sepulveda, Jesse Hernandez, Ephram Cordova, and substituting attorney Mark C Dangerfield in 2:02-cv-00799 (cc: all counsel) (KMG)
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198 |
Filed: 4/15/2004, Entered: 4/16/2004, Terminated: 4/23/2004 |
Motion to Substitute Attorney |
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MOTION to Substitute Attorney Mark C. Dangerfield replacing Neil Vincent Wake and Linda D. Skon by intervenor-plaintiff Arizonans for Fair & in 2:02-cv-00799 [198-1] (KMG)
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197 |
Filed: 4/15/2004, Entered: 4/15/2004 |
Mandate of 9th Circuit |
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CERTIFIED COPY of 9th Circuit Mandate; pursuant to the stipulation of the parties, this appeal is dismissed; parties shall bear their own costs and attorneys' fees on appeal, re: 03-17127 [178-1] (cc: all counsel/judge) (REW)
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196 |
Filed: 3/2/2004, Entered: 3/2/2004 |
Order of 9th Circuit |
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Copy of 9th Circuit Order; remaining briefing schedule amended, re: 03-17127 [178-1] (cc: judge) (REW)
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195 |
Filed: 2/19/2004, Entered: 2/20/2004 |
Other Notice |
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NOTICE of Deposit by intervenor-plaintiff Arizonans for Fair and legal Redistricting (REW)
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194 |
Filed: 1/30/2004, Entered: 2/2/2004 |
Other Notice |
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NOTICE of additional deposit with the court of $2,202.92 by intervenor-plaintiff AZ Minority Coalition (REW)
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193 |
Filed: 1/27/2004, Entered: 1/29/2004 |
Other Notice |
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NOTICE of Deposit of $448.99 by intervenor-defendant Gila, County of (REW)
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192 |
Filed: 1/20/2004, Entered: 1/26/2004 |
Other Notice |
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NOTICE by intervenor-defendant Greenlee, County of of deposit of $448.99 with clerk (REW)
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191 |
Filed: 1/20/2004, Entered: 1/22/2004, Terminated: 5/3/2006 |
Motion to Amend/Correct |
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MOTION to amend order [189-1] by intervenor-pla Arizonans for Fair and Legal Redistricting [191-1] , or to clarify order (#189) by intervenor-pla Arizonans for Fair and Legal Redistricting , or, in the alternative, for relief from order (#189) pursuant to Rule 60 by intervenor-pla Arizonans for Fair and Legal Redistricting (REW)
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190 |
Filed: 1/16/2004, Entered: 1/20/2004, Terminated: 4/29/2004 |
Motion to Amend/Correct |
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MOTION to amend order [189-1] pursuant to rule 59(e) by intervenor-plas AZ Minority Coalition, Ramon Valadez, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [190-1] , or to clarify order (#189) by intervenor-plas AZ Minority Coalition, Ramon Valadez, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados , or, in the alternative, for relief from order (#189) pursuant to rule 60 by intervenor-plas AZ Minority Coalition, Ramon Valadez, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados and memorandum in support (cc: 9CCA) (REW)
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189 |
Filed: 1/9/2004, Entered: 1/9/2004, Terminated: 4/29/2004 |
Order |
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ORDER by Judge Roslyn O. Silver directing Ramon Valdez, Peter Rios, Carlos Avelar, James Sedillo, Virginia Rivera, Mary Rose Garrido Wilcox, Ester Lumm, Los Abogados, Greenlee County, Gila County, Eastern Arizona Counties Association, Ephram Cordova, Jesse Hernandez, Martin Sepulveda and Ilia Terrazas to remit $448.99 to the clerk along with an notice of deposit by 1/30/04 (cc: all counsel/finance) re: order filed [0-1] (REW)
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188 |
Filed: 1/7/2004, Entered: 1/7/2004 |
Order of 9th Circuit |
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Copy of 9th Circuit Order; telephone conference was held 12/15/03 with Circuit Mediator; further assessment conference to be held by telephone 1/15/04 at 1:00 pm (CA time), re: 03-17127 [178-1] (cc: judge) (REW)
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187 |
Filed: 12/16/2003, Entered: 12/17/2003 |
Motion for Miscellaneous Relief |
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MOTION for refund of amount paid for special master Bruce Cain by intervenor-plaintiff AZ Minority Coalitio [187-1] (REW)
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186 |
Filed: 12/8/2003, Entered: 12/11/2003 |
Motion for Miscellaneous Relief |
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MOTION for refund of amount paid for special master Bruce Cain by intervenor-plaintiff Arizonans for Fair & Legal Redistricting et al [186-1] (REW)
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185 |
Filed: 12/8/2003, Entered: 12/8/2003 |
Order of 9th Circuit |
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Copy of 9th Circuit Order; this case is under consideration for inclusion in the Mediation Program; settlement assessment conference to be held by telephone 12/15/03 at 2:00 pm (CA time); briefing schedule previously set by court remains in effect, re: 03-17127 [178-1] (cc: judge) (REW)
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184 |
Filed: 12/3/2003, Entered: 12/4/2003 |
Other Notice |
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NOTICE by dfts AZ Secretary of St, Citizens Clean Elect of compliance re payment of special masters fees (LAD)
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183 |
Filed: 11/20/2003, Entered: 11/20/2003 |
Order |
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ORDER by Judge Roslyn O. Silver; parties have settled this matter whereby the AZ Independent Redistricting Commission and Secretary of State shall pay Coalition's attorneys Brown and Bain $64,050.00, Lewis and Roca $41,260.00 and Law Offices of Aaron Kizer $17,690.00 for a total of $123,000.00 for attorneys' fees and costs incurred in this matter in full compliance with the court's 9/30/03 order; court's 10/23/03 order setting forth a briefing schedule on the reasonableness of the Coalitions' fees and costs is vacated, re: settlement notice [181-1] re: order [173-1], re: order [177-1] tlabels (cc: all counsel) (REW)
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182 |
Filed: 11/20/2003, Entered: 11/20/2003 |
Order |
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ORDER by Judge Roslyn O. Silver court's order [173-1] is hereby clarified; bill of costs for Special Master's fees shall be taxed equally against all of the parties and intervenors, and not just against the Secretary of State and the IRC; granting motion for Clarification of Court Order [173-1] by dft Betsey Bayless [175-1]; granting motion to Extend Time to Remit Costs, each of the parties and intervenors shall remit to the clerk within 14 days their portion of the total amount claimed in the bill of costs, less any amount they have already remitted tlabels (cc: all counsel) (REW)
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-- |
Filed: 11/20/2003, Entered: 11/20/2003 |
USCA Case Number |
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Notification by 9th Circuit of Appellate Docket Number 03-17127 re NOTICE OF APPEAL [178-1] (REW)
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-- |
Filed: 11/19/2003, Entered: 11/20/2003 |
Certificate of Record |
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Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [178-1] (REW)
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181 |
Filed: 11/17/2003, Entered: 11/19/2003 |
Notice of Settlement |
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NOTICE OF SETTLEMENT of attorneys' fees and costs and proposed consent order filed by dft AZ Ind Redistricting, dft Betsey Bayless, intervenor-plaintiff AZ Minority Coalitio, et al (REW)
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180 |
Filed: 11/10/2003, Entered: 11/12/2003 |
Mail Returned |
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RETURNED MAIL addressed to: Aaron Kizer, Esq re NOTICE OF APPEAL [178-1]; marked "Return to Sender, FOE, not deliverable as addressed, unable to forward" (remailed to updated address on 11/25/03) (REW) Modified on 11/25/2003
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179 |
Filed: 11/7/2003, Entered: 11/10/2003 |
Transcript Order Form - Appeal |
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Notice of Transcript Designation by intervenor-plaintiffs Arizonans for Fair and Legal Redistricting, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas, re NOTICE OF APPEAL [178-1], no transcripts to be ordered, re: 10-day notice (REW)
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-- |
Filed: 11/5/2003, Entered: 11/5/2003 |
Notice of Appeal - Notification Form |
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APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [178-1] (REW)
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Filed: 11/5/2003, Entered: 11/5/2003 |
Appeal Remark |
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Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE OF APPEAL [178-1] (REW)
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178 |
Filed: 10/30/2003, Entered: 11/5/2003 |
Notice of Appeal |
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NOTICE OF APPEAL by intervenor-plaintiffs Arizonans for Fair and Legal Redistricting, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas, from District Court judgment [174-2], and order [173-1] (cc: 9CCA/All Counsel/judge) (appeal also lists non-parties to the case: Jose Burell, Francis Ann Burell, Craig Echeveste, Armando Gaypan, Gina Marcela, Al Pena, Al Rodriguez, Raul B Romero, Raul R Romero) (REW)
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-- |
Filed: 10/30/2003, Entered: 11/5/2003 |
USCA Appeal Fees |
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Received $105.00 appeal fee re NOTICE OF APPEAL [178-1] (REW)
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177 |
Filed: 10/23/2003, Entered: 10/23/2003 |
Order |
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ORDER by Judge Roslyn O. Silver that the Coalition shall file detailed documentation and justification on the reasonableness of its fees and costs on/before 12/22/03. ANy response should be filed on/before 1/12/04, and any reply shall be filed on/before 1/26/04 (cc: all counsel) re: order filed [0-1] (MAP)
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176 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Stipulation |
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STIPULATION to Extend Time for Briefing on the Justification and Reasonableness of the Coalition's Attorneys' Fees and Costs by dft Betsey Bayless, and intervenor-plaintiff AZ Minority Coalitio (KMG)
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175 |
Filed: 10/14/2003, Entered: 10/16/2003, Terminated: 5/2/2006 |
Motion for Miscellaneous Relief |
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MOTION for Clarification of Court Order filed [173-1] by dft Betsey Bayless in 2:02-cv-00799 [175-1] , and to Extend Time to Remit Costs (KMG)
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174 |
Filed: 10/7/2003, Entered: 10/7/2003 |
Judgment* |
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JUDGMENT: IT IS ORDERED AND ADJUDGED that this case was settled between the parties, therefore, Judgment is entered in favor of Plaintiff and Defendants in accordance with this Court's Order of May 29, 2002, (doc.#114) and as amended on June10, 2002 (doc.#125) nunc pro tunc to May 29, 2002. The lead and consolidated actions are dismissed. [113-1], [114-1], [125-1]. to dismiss case (cc: all counsel) (KMG)
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173 |
Filed: 9/30/2003, Entered: 9/30/2003, Terminated: 11/20/2003 |
Order |
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ORDER by Judge Roslyn O. Silver, Susan R. Bolton and Circuit Judge Marshal S. Berzon that IRC (Independent Redistricting Commission's) Motion for Order to Show Cause (Doc.#3 in CIV 02-807) is Denied as moot. The Clerk's Office is directed to enter judgment in the underlying consolidated actions. FURTHER ORDERED that AFLR's (Arizonas for Fair and Legal Representation) Motion for Award of Attorney's Fees and Non-Taxable Costs [127-1] is Denied. FURTHER ORDERED that the Coalition's Motion for Attorney's Fees [128-1] is Granted in Part and Denied in Part. FURTHER ORDERED that the Coalition shall file detailed documentation and justification on the reasonableness of its fees and costs on or before 10/21/03. Any response should be filed on or before 11/3/03, and any reply shall be filed on or before 11/17/03. FURTHER ORDERED that the bills of costs shall be taxed equally against the IRC and the Secretary of State, both of which shall remit to the Clerk within fourteen (14) days of entry of this Order their portion of the total amount claimed in the bills of costs, less any amount the IRC and Secretary of State have already remitted. (cc: all counsel) (KMG) Modified on 10/01/2003
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172 |
Filed: 8/15/2003, Entered: 8/18/2003 |
Other Notice |
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JOINT NOTICE/RULE 1.10(o) NOTIFICATION by intervenor-plaintiff AZ Minority Coalitio, intervenor-plaintiff Arizonans for Fair & regarding the pending motion for attorneys' fees has been fully briefed and under submission since 9/30/02. (KMG)
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171 |
Filed: 6/27/2003, Entered: 6/30/2003 |
Memorandum |
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MEMORANDUM IN SUPPORT by dft AZ Ind Redistricting of Motion to Exclude Expert Testimony of R. Anthony Sissons and Joseph Stewart by dft AZ Ind Redistricting regarding "Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579" [170-1] [170-1] (KMG)
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170 |
Filed: 6/27/2003, Entered: 6/30/2003 |
Motion for Miscellaneous Relief |
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MOTION to Exclude Expert Testimony of R. Anthony Sissons and Joseph Stewart by dft AZ Ind Redistricting regarding "Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579" [170-1] (KMG)
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169 |
Filed: 6/9/2003, Entered: 6/9/2003 |
Order |
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ORDER by Judge Roslyn O. Silver that all parties should file their responses to the Motion to Transfer Case CIV 03-1036-PHX-RCB to Judge Roslyn O. Silver pursuant to Rule 1.2(g)(1) by dft AZ Ind Redistricting in 2:02-cv-00799 [167-1] by Wednesday, 6/11/03. FURTHER ORDERED that the Arizona Independent Redistricting Commission's Reply should be filed by Friday, 6/13/03. (cc: all counsel) (KMG)
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168 |
Filed: 6/5/2003, Entered: 6/5/2003 |
Response to Motion |
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RESPONSE by Navajo Nation, Leonard Gormam (The Nation and Gorman are Intervenor Plas in matter no. CIV 03-1036-PHX-RCB) to Motion to Transfer Case CIV 03-1036-PHX-RCB to Judge Roslyn O. Silver pursuant to Rule 1.2(g)(1) by dft AZ Ind Redistricting in 2:02-cv-00799 [167-1] (KMG)
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167 |
Filed: 6/3/2003, Entered: 6/4/2003 |
Motion to Change Venue/Transfer Case |
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MOTION to Transfer Case CIV 03-1036-PHX-RCB to Judge Roslyn O. Silver pursuant to Rule 1.2(g)(1) by dft AZ Ind Redistricting in 2:02-cv-00799 [167-1] (KMG)
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166 |
Filed: 2/21/2003, Entered: 2/24/2003 |
Supplement |
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SUPPLEMENTAL CITATION OF AUTHORITY in support of Application /Motion for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] [127-1] (KMG)
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165 |
Filed: 10/4/2002, Entered: 10/4/2002 |
Reply to Response to Motion |
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REPLY by intervenor-plaintiff AZ Minority Coalitio in 2:02-cv-00799 to response to motion for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 [128-1] (KMG)
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164 |
Filed: 10/4/2002, Entered: 10/4/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting motion to exceed the page limit for doc(s) "Reply in Support of Fee Application" by intervenor-plaintiff AZ Minority Coalitio in 2:02-cv-00799 [161-1] (NOTE: LODGED Reply in Support of Arizona Minority Coalition for Fair Redistricting's Fee Application is being held at docket clerks desk). (cc: all counsel) (KMG)
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163 |
Filed: 10/1/2002, Entered: 10/1/2002 |
Declaration |
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DECLARATION of Neil Vincent Wake in Support of Motion for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] [127-1] by intervenor-plaintiff in 2:02-cv-00799 (KMG)
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162 |
Filed: 10/1/2002, Entered: 10/1/2002 |
Reply to Response to Motion |
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REPLY BRIEF by intervenor-plaintiffs Arizonans for Fair and Legal Redistricting, Inc., et al. to response to motion for Award of Attorney's Fees and Non-Taxable by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] (KMG)
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161 |
Filed: 9/30/2002, Entered: 10/1/2002, Terminated: 10/4/2002 |
Motion for Leave to File Excess Pages |
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MOTION to exceed the page limit for doc(s) "Reply in Support of Fee Application" by intervenor-plaintiff AZ Minority Coalitio in 2:02-cv-00799 [161-1] (NOTE: LODGED Reply in Support of Arizona Minority Coalition for Fair Redistricting's Fee Application is being held at docket clerks desk). (KMG)
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160 |
Filed: 9/19/2002, Entered: 9/20/2002 |
Stipulation |
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STIPULATION Regarding Briefing on Application(s) for Attorneys' Fees and Costs. (in re: Motion for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 [128-1] [128-1], AND Motion for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] [127-1] by dft AZ Ind Redistricting in 2:02-cv-00799, dft Betsey Bayless in 2:02-cv-00799, intervenor-plaintiff Arizonans for Fair & in 2:02-cv-00799 (KMG)
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159 |
Filed: 9/19/2002, Entered: 9/19/2002 |
Order |
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OPINION/ORDER by Judge Roslyn O. Silver, Susan R. Bolton, and US Circuit Judge Marsha S. Berzon the Court considered all evidence admitted in conjunction with these proceedings and authorized the Arizona Secretary of State to use the Proposed Plan for interim use in the 2002 legislative primary and general elections. Further, the Court ordered that members of the Arizona Legislature elected in 2002 pursuant to the Plan shall serve for a two-year term beginning in January 2003, and the Court granted the Counties' motion for emergency relief for the conduct of the 2002 elections. (cc: all counsel) (KMG) Modified on 09/19/2002
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158 |
Filed: 9/13/2002, Entered: 9/13/2002 |
Affidavit |
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AFFIDAVIT of Jose de Jesus Rivera in support of response to motion [156-1] AND in support of response to motion [155-1] by dft AZ Ind Redistricting (SAT)
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157 |
Filed: 9/13/2002, Entered: 9/13/2002 |
Other Notice |
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NOTICE of Substitution that the Affidavit of Jose de Jesus Rivera substitutes for the Affidavits of Jose de Jesus Rivera filed with the Responses of the Independent Redistricting Commission to the Fee Applications Submitted by the Arizona Minority Coalition the Arizonans for Fair and Legal Redistricting by dft AZ Redistricting (SAT) Modified on 09/13/2002
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154 |
Filed: 9/6/2002, Entered: 9/9/2002 |
Affidavit |
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AFFIDAVIT of Lisa T. Hauser in support of Responses of the Independent Redistricting Commission to the Fee Applications submitted by the AZ Minority Coalition and the Arizonans for Fair and Legal Redistricting. (NOTE: No Responses found on the docket only a Motion for Extension of Time until 9/5/02 for dfts Betsey Bayless and Arizona Independent Redistricting Commission (IRC) to File Responses in Opposition to Motions for Attorneys' Fees) [151-1] by dft Ind Redistricting in 2:02-cv-00799 (KMG)
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156 |
Filed: 9/5/2002, Entered: 9/10/2002 |
Response to Motion |
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RESPONSE by AZ Ind Redistricting to Motion for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 [128-1] (oral argument requested) (delay in docketing due to incorrect case number (CIV 02-807-PHX-ROS) on pleading) (SAT)
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155 |
Filed: 9/5/2002, Entered: 9/10/2002 |
Response to Motion |
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RESPONSE by AZ Ind Redistricting to Motion for Award of Attorney's Fees and Non-Taxable Costs intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] (oral argument requested) (delay in processing due to incorrect case number (CV 02-807 PHX ROS) on pleading (SAT) Modified on 09/10/2002
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153 |
Filed: 9/5/2002, Entered: 9/6/2002 |
Response to Motion |
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RESPONSE by dft Betsey Bayless to motion for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados [128-1], AND TO motion for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] (KMG)
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152 |
Filed: 8/28/2002, Entered: 8/28/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting the IRC and Secretary of State an extension of time until 9/5/02 to file their memoranda in opposition to the motions for attorneys' fees submitted by the AFLR and Minority Coalition; and FURTHER ORDERED granting the Minority Coalition and the AFLR an extension of time until and including 9/19/02, in which to submit detailed time records to substantiate their requests for an award of attorneys' fees. (cc: all counsel) (KMG)
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151 |
Filed: 8/16/2002, Entered: 8/16/2002, Terminated: 8/28/2002 |
Motion for Extension of Time |
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Stipulated MOTION for Extension of Time until 9/5/02 for dfts Betsey Bayless and Arizona Independent Redistricting Commission (IRC) to File Responses in Opposition to Motions for Attorneys' Fees by intervenor-plaintiff Arizonans for Fair &, intervenor-plaintiff AZ Minority Coalitio, dft Betsey Bayless, dft AZ Ind Redistricting [151-1] AND for Extension of Time until 9/19/02 for intervenors Arizonans for Fair and Legal Redistricting (AFLR) and Arizona Minority Coalition for Fair Redistricting (Minority Coalition) to submit detailed time records to substantiate their requests for an award of attorneys' fees by intervenor-plaintiff Arizonans for Fair &, intervenor-plaintiff AZ Minority Coalitio, dft Betsey Bayless, dft AZ Ind Redistricting [151-2] (SAT) Modified on 08/16/2002
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150 |
Filed: 8/8/2002, Entered: 8/9/2002 |
Other Notice |
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NOTICE OF CONSULTATION by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados ; regarding Motion for Attorneys Fees - After personal consultation and good faith efforts to do so, the parties have been unable to satisfactorily resolve all disputed issues relating to attorneys' fees. (KMG)
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149 |
Filed: 8/8/2002, Entered: 8/8/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting the stipulation to Extend Time Until 8/7/02 to File Documentation in Support of Arizonans For Fair and Legal Redistricting, Inc, et al's Motion for Attorneys' Fees by dfts AZ Ind Redistricting, Betsey Bayless, and intervenor-plaintiffs Arizonans for Fair & intervenor-plaintiff Ephram Cordova, Jesse Hernandez, Sepulveda, Ilia Terrazas (cc: all counsel) (KMG)
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148 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Memorandum |
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MEMORANDUM IN SUPPORT by intervenor-plaintiffs Arizonans for Fair & Legal Redistriciting, Inc. et al's of MOTION for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] [127-1] (KMG)
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147 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Memorandum |
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MEMORANDUM IN SUPPORT by intervenor-plaintiffs AZ Minority Coalitio, et al., of MOTION for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 [128-1] [128-1] (KMG)
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146 |
Filed: 8/5/2002, Entered: 8/6/2002 |
Stipulation |
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STIPULATION to Extend Time to File Documentation in Support of Arizonans For Fair and Legal Redistricting, Inc, et al's Motion for Attorneys' Fees by dfts AZ Ind Redistricting, Betsey Bayless, and intervenor-plaintiffs Arizonans for Fair & intervenor-plaintiff Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas (KMG)
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145 |
Filed: 8/2/2002, Entered: 8/2/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting motion for admission pro hac vice as to Michael A. Carvin, atty for intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas 2:02-cv-00799 [130-1] (cc: all counsel) (SAT)
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144 |
Filed: 8/2/2002, Entered: 8/2/2002 |
Order |
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ORDER Granting Joint Motion Regarding Briefing on the Arizona Minority Coalition Intervenors' Motion for Award of Attorneys' Fees by Judge Roslyn O. Silver granting Stipulated Motion Regarding Briefing on the Arizona Minority Coalition Intervenors' Motion for Award of Attorneys' Fees as to Bifurcated of Legal Issues re Coalition's entitlement to an award of fees, and the specific fees sought, as well as Extension of Deadlines by dft AZ Ind Redistricting, and intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera [142-1]; FURTHER ORDERED that the Arizona Minority Coalition Intervenors shall have until 8/7/02 to submit a legal memorandum in support of their claimed legal right to an award of attorneys' fees and until 8/30/02 to submit the supporting documentation required by Local Rule 2.20(d) in support of their Motion [128-1] (cc: all counsel) (SAT)
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143 |
Filed: 8/2/2002, Entered: 8/2/2002 |
Order |
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ORDER Granting Extension of Time to Respond to Applications for Costs by Judge Roslyn O. Silver granting motion to extend time to respond to applications for costs by intervenor-defendant Citizens Clean Elect and dft Betsey Bayless [136-1]; FURTHER ORDERED that the Secretary of State and Citizens Clean Elections Commission may combine their responses to all requests for taxation of costs with their response to request for attorney fees; their responses will be due at the time their responses to requests for attorney fees are due (cc: all counsel) (SAT)
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142 |
Filed: 7/25/2002, Entered: 7/26/2002, Terminated: 8/2/2002 |
Stipulation |
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STIPULATION (Stipulated Motion) Regarding Briefing on the Arizona Minority Coalition Intervenors' Motion for Award of Attorneys' Fees as to Bifurcated of Legal Issues re Coalition's entitlement to an award of fees, and the specific fees sought, as well as Extention of Deadlines by dft AZ Ind Redistricting, and intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera (KMG)
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141 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting motion to Extend time until 8/7/02 for intervenor-plaintiffs Arizonans for Fair & , Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas, to File Memorandum and Documentation in Support of their Motion for Attorneys' fees by intervenor-plaintiffs Arizonans for Fair & , Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [140-1] (cc: all counsel) (KMG)
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140 |
Filed: 7/24/2002, Entered: 7/24/2002, Terminated: 7/25/2002 |
Motion for Extension of Time |
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STIPULATED MOTION to Extend time to File Memorandum and Documentation in Support of their Motion for Attorneys' fees by intervenor-plaintiffs Arizonans for Fair & , Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [140-1] (KMG)
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139 |
Filed: 7/19/2002, Entered: 7/19/2002 |
Joinder |
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JOINDER by intervenor-defendant Santa Cruz,County of to motion to extend time to respond to applications for costs by intervenor-defendant Citizens Clean Elect and dft Betsey Bayless [136-1] and OPPOSITION to Request for Fees and Costs (KMG)
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138 |
Filed: 7/15/2002, Entered: 7/16/2002 |
Stipulation |
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STIPULATION to Extend Time to Respond to Applications for Costs by dft Betsey Bayless, and intervenor-dft Citizens Clean Elect in 2:02-cv-00799 (KMG)
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137 |
Filed: 7/8/2002, Entered: 7/8/2002 |
Response to Motion |
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RESPONSE by intervenor-defendant Maricopa, County of, and the other 14 counties in Arizona, to motion to extend time to respond to applications for costs by intervenor-defendant Citizens Clean Elect and dft Betsey Bayless [136-1] (former emp)
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136 |
Filed: 7/5/2002, Entered: 7/8/2002, Terminated: 8/2/2002 |
Motion for Extension of Time |
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MOTION to extend time to respond to applications for costs by intervenor-defendant Citizens Clean Elect and dft Betsey Bayless [136-1] (former emp)
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135 |
Filed: 6/28/2002, Entered: 7/1/2002 |
Objection |
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OBJECTION to Taxation of Costs Against the Independent Redistricting Commission by dft AZ Ind Redistricting; Objecting to Bill of Costs [134-1], Bill of Costs [132-1], Bill of Costs [131-1], Bill of Costs [129-1], Bill of Costs [126-1] (KMG)
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134 |
Filed: 6/25/2002, Entered: 6/25/2002 |
Bill of Costs |
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BILL OF COSTS submitted by intervenor-plaintiff Prescott Valley, Twn in the amount of $1,000 (KMG)
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133 |
Filed: 6/25/2002, Entered: 6/25/2002 |
Order |
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ORDER by Judge Roslyn O. Silver re: Expense Report from Special Master Bruce E. Cain [123-1]; Court and Counsel having reviewed the attached Expense Report from Special Master Bruce E. Cain, there being no objection to the same: IT IS ORDERED the Clerk of Court shall make payment to Special Master Bruce E. Cain in the amount of $11,673.79. (cc: all counsel) (KMG)
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132 |
Filed: 6/19/2002, Entered: 6/20/2002 |
Bill of Costs |
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BILL OF COSTS submitted in the amount of $1,000 by intervenor-plaintiff Prescott, City of in 2:02-cv-00799 (KMG)
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131 |
Filed: 6/14/2002, Entered: 6/17/2002 |
Bill of Costs |
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BILL OF COSTS submitted ($2,000) by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 (KMG)
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130 |
Filed: 6/13/2002, Entered: 6/14/2002, Terminated: 8/2/2002 |
Motion for Admission Pro Hac Vice |
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MOTION for admission pro hac vice as to Michael A. Carvin, atty for intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas 2:02-cv-00799 [130-1] (KMG)
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129 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Bill of Costs |
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NOTICE OF APPLICATION TO HAVE COSTS TAXED/BILL OF COSTS submitted by intervenor-defendant Maricopa, County of in 2:02-cv-00799 (KMG)
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128 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Motion for Attorney Fees |
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MOTION for Attorney's fees by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, and Los Abogados in 2:02-cv-00799 [128-1] (KMG)
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127 |
Filed: 6/11/2002, Entered: 6/11/2002, Terminated: 9/30/2003 |
Motion for Attorney Fees |
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MOTION for Award of Attorney's Fees and Non-Taxable Costs by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [127-1] (KMG)
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126 |
Filed: 6/11/2002, Entered: 6/11/2002 |
Bill of Costs |
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BILL OF COSTS submitted by intervenor-plaintiff Arizonans for Fair, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas (KMG)
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125 |
Filed: 6/10/2002, Entered: 6/10/2002 |
Order |
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ORDER by Judge Roslyn O. Silver; Judge Susan R. Bolton and Judge Silver for U.S. Circuit Judge Marsha S. Berson granting Motion to Amend Order doc.#114 per Rule 60(a) [122-1] and amending this Court's Order entered on 5/29/02 as set forth below nunc pro tunc to 5/29/02. Upon consideration of the Motion for Emergency Interim Relief for Conduct of the 2002 Elections by Arizona Counties, and factual basis and good cause appearing therefor, the Court determines it has the authority to enter this interim relief as part of its broad equitable powers, pursuant to 28 U.S.C. 2284 and 28 C.F.R. 51.18(c). Terrazas v. Slagle, 789 F. Supp. 828, 839 (W.D. Tex 1992); Vera v. Bush, 933 F. Supp. 1341, 1347 (S.D. Tex. 1996). IT IS HEREBY ORDERED WITH RESPECT TO ALL ARIZONA COUNTIES AS FOLLOWS: 1.) Emergency interim use is authorized for changes enacted by counties to voting precints, justice court precincts and supervisorial and community college districts and polling places in order to conform w/the Legislative and Congressional districts adopted by the Arizona Independent Redistricting Commission and precleared by the Department of Justice and/or approved by this Court. Such precinct and district changes are subject to Section 5 review by the Department of Justice for use in elections after November 2002, even though this Court authorizes their emergency interim use for the 2002 elections. 2.) Signature requirements (A.R.S. 16-322(D), 16-341) and designation of office sought (A.R.S. 16-314(C), 16-341) on county candidate nomination petitions for precincts, justice court precincts and supervisorial and community college districts shall be those established by the county on 3/1/02 or the effective date of the preclearance of the county's precincts or districts, whichever is later. If preclearance has not been obtained for a county voting or justice court precinct or supervisorial or community college district, before the date of this Court's order, then the county filing officer may accept the following, notwithstanding the requirements of A.R.S. 16-314, 16-322 and 16-341: a.) For precincts, justice court precincts, and supervisorial and community college districts, the office sought may be designated as the precinct or district used in the most recent county election for that office in which the candidate resides at the time of filing, or any precinct or district designation enacted since the last election by the county, whether or not precleared by the Department of Justice. b.) For voting and justice court precincts and supervisorial and community college districts, the minumum number of signature requirememtns shall be those required in the county's most recent election for the precinct of district in which the candidate resides at the time of filing except, that if new voting precincts are created by a county on or after the date of this Court's order to reflect Legislative districts adopted by the Independent Redistricting Commissions and precleared by the Dept of Justice or approved by this Court,the minimum number of signatures required for the office of precinct committee person in such new precinct(s) shall be 1 signature. 3) the following extensions to and relief from statutory election procedures are granted for emergency, interm use for the 2002 elections: a) a 10-day extension to the statutory deadline for preparing and delivering early ballots to the county recorder (A.R.S. 16-545(B)), from 33 days prior to the election to 23 days prior to the elections (e.g. 8/8/02 to 8/18/02); b) a 10-day extension to the statutory deadline on which county recorders must begin processing early voting requests from voters including those to and from uniformed and overseas citizens pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff to 1973ff-6), within forty-eight hours of receipt (A.R.S. 16-542(C)), from 33 days prior to the election to 23 days prior to the election. c) a 30-day extension to the statutory deadline for compiling and making available a list of polling places in all voting precincts (A.R.S. 16-411(G)), from 6/22/02 to 7/22/02. d) an extension of the reprecincting deadlines (A.R.S. 16-412), when the recorder must transfer all voters to their new precincts, use the new precincts and mail notices to voters, until any of the following, whichever is later: the date of preclearance of the county's voting precincts, the effective date of this Court's final order re: state Legislative district boundaries, or the date when the county's precinct changes, as necessitated by DOJ-precleared or court-ordered state Legislative lines for the 2002 elections, are adopted by the board of supervisors. e.) such time extensions and procedural changes to those times and procedures previously precleared by the counties for on-site early voting at satellite locations due to delayed delivery of ballots or other reason(s) related to redistricting as are deemed necessary by the county recorders. f.) Overseas voting via electronic transmission is authorized as provided by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff to 1973ff-6), federal regulations, and the 2002-03 Dept of Defense Voting Assistance Guide, including electronic transmission of blank ballots and voted ballots when the county recorder determines that conditions do not allow for timely receipt and return of these materials, notwithstanding A.R.S. 16-543 to -552. BE IT FURTHER ORDERED that this order is in effect for the 2002 elections only. (cc: all counsel) (KMG)
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124 |
Filed: 6/10/2002, Entered: 6/10/2002 |
Order |
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ORDER by Judge Roslyn O. Silver re: 6/6/02 Expense Report [123-1]; That Counsel shall review the attached Expense Report and any objections shall be due within five days from the date of this Order. (cc: all counsel) (KMG)
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122 |
Filed: 6/7/2002, Entered: 6/7/2002, Terminated: 6/10/2002 |
Motion to Amend/Correct |
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MOTION to Amend Order filed [114-1] per Rule 60(a) by intervenor-defendant Maricopa, County of [122-1] (SAT)
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123 |
Filed: 6/6/2002, Entered: 6/10/2002 |
Report |
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EXPENSE REPORT by special master Bruce E Cain (KMG)
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119 |
Filed: 6/5/2002, Entered: 6/5/2002 |
Transcript |
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TRANSCRIPT of Proceedings by Court Reporter: David M. Lee for the following date(s): 5/24/02 (KMG)
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118 |
Filed: 6/5/2002, Entered: 6/5/2002 |
Transcript |
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TRANSCRIPT of Proceedings by Court Reporter: David M. Lee for the following date(s): 5/20/02 (KMG)
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117 |
Filed: 5/29/2002, Entered: 5/30/2002 |
Exhibit |
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Plas EXHIBIT LIST (KMG)
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116 |
Filed: 5/29/2002, Entered: 5/30/2002 |
Witness List |
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Plas WITNESS LIST (KMG)
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115 |
Filed: 5/29/2002, Entered: 5/30/2002 |
Minutes-Miscellaneous |
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MINUTE ENTRY before Judge Roslyn O. Silver, Judge Susan R. Bolton, and U.S. Circuit Judge Marsha S. Berzon. Crt Rptr: Gary Moll. Hearing held: Appearances: Counsel present as reflected on the Attorney Sign-In Sheet dated 5/29/02, and filed herein (doc.#115A). Courtroom Deputies: Karen Rilling/Maureen Williams. Exhibit 504 is admitted in evidence. Motion for Order by Santa Cruz County from attending the hearing scheduled this date is GRANTED [106-1]. Dft Arizona Independent Redistricting Commission's witness Douglas Johnson is sworn and testifies via video teleconference. Exhibits 483, 459, 300, 301 through and including 341, 478, 480, 481, 492, 499, 479, 501, 497, 485, 486, 492 through and including 495, 496, 491, 500, 503, and 489 are admitted in evidence. Exhibits 142, 143, 144, 145, 146, 147 and 148 are admitted in evidence. The following Intervening-Plaintiff Arizona Minority Coalition's witnesses are sworn and testifed: Ronald Anthony Sisson; Mary Rose Wilcox; Pete Rios; and Ramon Valadez. Court stands at recess until 1:00 p.m. Court reconvenes. Exhibit 502 A-P is admitted in evidence. The order of the Court is read on the record. Formal order to follow. Counsel shall submit a proposed form of order re emergency relief for the Court's signature by 4:00 p.m. today. IT IS ORDERED granting the intervening-defendant counties' Motion for Emergency Interim Relief For Conduct of the 2002 Elections [107-1]. Exhibits 491A, 491B, and 491C are admitted (previously marked as exhibits 491, 491A and 491B). Court adjourns. [cc: KL] [115-1] (KMG)
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114 |
Filed: 5/29/2002, Entered: 5/29/2002 |
Order |
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ORDER by Judge Roslyn O. Silver and Judge Susan R Bolton and US Circuit Judge Marsha S Berzon granting motion for Emergency Interim Relief For Conduct of the 2002 Elections by intervenor-defendant Maricopa, County of, and Arizona's fifteen counties including: intervenor-defendant Apache, County of, Greenlee, County of, Gila, County of, Graham, County of, Santa Cruz,County of, Pima County [107-1]; ORDERED WITH RESPECT TO ALL ARIZONA COUNTIES AS FOLLOWS: 1) emergency interim use is authorized for changes enacted by counties to voting precincts, justice court precincts and supervisorial and community college districts and polling places in order to conform with the Legislative and Congressional districts adopted by the Arizona Independent Redistricting Commission and precleared by the Dept of Justice and/or approved by this court; such precinct and district changes are subject to Section 5 review by the Dept of Justice for use in elections after 11/02 even though this Court authorizes their emergency interim use for the 2002 elections; 2) signature requirements and designation of office sought on county candidate nomination petitions for precincts, justice court precincts and supervisorial and community college districts shall be those established by the county on 3/1/02 or the effective date of the preclearance of the county's precincts or districts, whichever is later; if preclearance has not been obtained before the date of this Court's order, then the county filing officer may accept the following....: a) for precincts, justice court precincts and supervisorial and community college districts, the office sought may be designated as the precinct or district used in the most recent county election for that office in which the candidate resides at the time of filing or any precinct or district designation enacted since the last election by the county, whether or not precleared by the Dept of Justice; b) for voting and justice court precincts and supervisorial and community college districts, the minimum number of signature requirements shall be those required in the county's most recent election for the precinct or district in which the candidate resides at the time of filing except that if new voting precincts are created by a county on or after the date of this Court's order to reflect Legislative districts adopted by the Independent Redistricting Commissions and precleared by the Dept of Justice or approved by this Court, the minimum number of signatures required for the office of precinct committee person in such new precinct(s) shall be 1 signature; 3) the following extensions to and relief from statutory election procedures are granted for emergency, interm use for the 2002 elections: a) a 10-day extension to the statutory deadline for preparing and delivering early ballots to the county recorder; b) a 10-day extension to the statutory deadline on which county recorders must begin processing early voting requests from voters; c) a 30-day extension to the statutory deadline for compiling and making available a list of polling places in all voting precincts; d) an extension of the reprecincting deadlines when the recorder must transfer all voters to their new precincts, use the new precincts and mail notices to voters....; 3) such time extensions and procedural changes to those times and procedures previously precleared by the counties for on-site early voting at satellite locations due to delayed delivery of ballots or other reason(s) related to redistricting as are deemed necessary by the county recorders; f) overseas voting via electronic transmission is authorized...when the county recorder determines that conditions do not allow for timely receipt and return of these materials; BE IT FURTHER ORDERED that this order is in effect for the 2002 elections only (cc: all counsel/KL) (LAD) Modified on 05/29/2002
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113 |
Filed: 5/29/2002, Entered: 5/29/2002 |
Order |
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ORDER by Judge Roslyn O. Silver, Judge Susan R. Bolton and US Circuit Judge Marsha S. Berzon that the Arizona Independent Redistricting Commission's (AIRC) revised plan certifed to the Secretary of State on 5/28/02 (Exhibit 496) ("AIRC Plan") shall be used on an emergency interim basis in the 2002 Arizona legislative primary and general elections. FURTHER ORDERED that the members of the Arizona Legislature elected in 2002 pursuant to the emergency interim AIRC Plan shall serve for the full two-year term beginning in January 2003. FURTHER ORDERED that the Courties' Motion for Emergency Interim Relief for the Conduct of the 2002 Elections is granted. A legal opinion will be forthcoming in the next few weeks. [107], [106], [108], [101] (cc: all counsel) (KMG)
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112 |
Filed: 5/29/2002, Entered: 5/29/2002 |
Transcript Order Form - Appeal |
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Transcript Designation and Ordering Form by dft AZ Ind Redistricting; ordering transcript for hearing of 5/23/02 (REW) Modified on 12/11/2003
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111 |
Filed: 5/28/2002, Entered: 5/29/2002 |
Witness List |
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AMENDED WITNESS AND EXHIBIT LIST by dft AZ Ind Redistricting (KMG)
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110 |
Filed: 5/28/2002, Entered: 5/28/2002 |
Other Notice |
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NOTICE of Deposit that intervenor-plaintiffs Prescott, City of and Prescott Valley, Twn of Have Each Posted $1,000 ($2,000) with the Clerk for reimbursement of the Special Master's fees and expenses, in accordance with the Court's Order dated 5/17/02. (KMG)
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109 |
Filed: 5/28/2002, Entered: 5/28/2002 |
Order |
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ORDER by Judge Roslyn O. Silver; Judge Susan R. Bolton and US Circuit Judge Marsha S. Berzon that Arizona's 1994 Legislative Districts are declared unconstitutional in violation of the Fourteenth Amendment of the United States Constitution because the 1994 Legislative Districts do not apportion the population of each District on a constitutionally equal basis. (cc: all counsel) re: order filed [109-1] (KMG)
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108 |
Filed: 5/28/2002, Entered: 5/28/2002, Terminated: 5/29/2002 |
Stipulation |
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STIPULATION for Order that A) The AIRC revised plan, as certified to the Secretary of State on 5/28/02, be authorized for emergency interim use in the 2002 primary and general elections; B) The members of the Arizona Legislature elected in 2002 pursuant to the interim use of the AIRC revised plan shall serve for the full two-year term beginning in January, 2003; C) Any of Arizona's counties are authorized to use any unprecleared precinct changes, polling places and changes to precinct-bound county election districts dependent upon the legislative district boundaries on an emergency interim basis for the 2002 elections as set forth in their Motion (doc.#107); D) The counties are authorized to accept petitions for county offices based on old and new district/recinct names and signature requirements as set forth in doc.#107; E) The counties are granted extensions to and relief from the following statutory election procedures on an emergency interim basis for the 2002 elections: early balloting (A.R.S. 16-545(b), 16-542(c)), polling place publication (A.R.S. 16-411(g)); and re-precincting (A.R.S. 16-412) as set forth in the Motion at doc.#107; F) Nothwithstanding A.R.S. 16-543, et seq., the counties are authorized on an emergency basis for the 2002 elections to conduct overseas voting via electronic transmission pursuant to 42 U.S.C. 1973ff (see doc.#107); G) Granting Santa Cruz County's motion dated 5/28/02; H) The City of Prescott and the Town of Prescot Valley need not appear at the hearing to commence on 5/29/02. (KMG)
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107 |
Filed: 5/28/2002, Entered: 5/28/2002, Terminated: 5/29/2002 |
Motion for Miscellaneous Relief |
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MOTION for Emergency Interim Relief For Conduct of the 2002 Elections by intervenor-defendant Maricopa, County of, and Arizona's fifteen counties including: intervenor-defendant Apache, County of, Greenlee, County of, Gila, County of, Graham, County of, Santa Cruz,County of, Pima County [107-1] (KMG)
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106 |
Filed: 5/28/2002, Entered: 5/28/2002, Terminated: 5/29/2002 |
Motion for Miscellaneous Relief |
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MOTION for Order That the portions of Legislative Districts 25 and 30 that lie within Santa Cruz County, shall remain as drafted by the AZ. Independent Redistricting Commission; That nothing which occurs at the hearing scheduled to commence on 5/29/02, shall affect Santa Cruz County's rights w/regards to the Santa Cruz Districts; That Gabroy, Rollman and Bosse, P.C., Counsel for Santa Cruz, may be relieved from attending the hearing set on 5/29/02 by intervenor-defendant Santa Cruz,County of [106-1] (KMG)
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105 |
Filed: 5/24/2002, Entered: 5/28/2002 |
Minutes-Miscellaneous |
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MINUTE ENTRY before Judge Roslyn O. Silver . Crt Rptr: David Lee. Emergency Hearing on JOINT Motion for Pretrial Conference by dft AZ Ind Redistricting, dft Betsey Bayless, intervenor-plaintiffs AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados and Intervenor-plaintiffs Arizonans for Fair & Ephram Cordova, Jesse Hernandez, Sepulveda, Ilia Terrazas [102-1] held. Appearances: Counsel present as reflected on the Attorney Sign-In Sheet dated 5/24/02, and filed herein (Doc.#105A). IT IS ORDERED granting the Motion for Pretrial Conference [doc.#102]. Exhibit 486 admitted. Discussion held. IT IS ORDERED directing counsel Neil Wake to submit a stipulation from the other counties by 5/28/02 and counsel are to provide a stipulation statement of law/evidence by Noon on 5/28/02. FURTHER ORDERED affirming Hearing on 5/29/02 at 9:00 a.m. FURTHER ORDERED directing counsel Jill Kennedy to provide to the Court a memorandum re: emergency relief for the county with a proposed Order by Noon, 5/28/02. [105-1] (KMG)
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104 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Brief (non-appeal) |
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BRIEF FILED concerning Authority to Implement Settlement submitted pursuant to the Court's oral order on 5/24/02 re: to address the effect of Abrams v. Johnson, 521 U.S. 74 (1997), and pursuant to the Court's telephone req of 5/24/02, to address the Court's authority to accept a stiplated settlement plan in this case by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas (KMG)
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103 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Witness List |
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WITNESS AHD EXHIBIT LIST by dft AZ Ind Redistricting (KMG)
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102 |
Filed: 5/24/2002, Entered: 5/24/2002, Terminated: 5/24/2002 |
Motion for Miscellaneous Relief |
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JOINT NOTICE/MOTION JOINT NOTICE that these parties jointly inform the Court they have agreed upon an emergency interim redistricting plan for submission to the Court for use in the 2002 elections only, AND MOTION for pretrial conference (in light of the agreement) by dft AZ Ind Redistricting, dft Betsey Bayless, intervenor-plaintiffs AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados and Intervenor-plaintiffs Arizonans for Fair & Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas [102-1] (KMG)
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101 |
Filed: 5/24/2002, Entered: 5/24/2002, Terminated: 5/29/2002 |
Stipulation |
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STIPULATION for Court Order that the legislative map adopted by the Commission on 5/23/02 should be adopted by the Court as the emergency interim plan only for the 2002 primary and general elections [91-1], [91-2] by dft AZ Ind Redistricting and intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados (KMG)
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100 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Memorandum |
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MEMORANDUM IN SUPPORT by intervenor-plaintiff in Support of The Interim Adoption of the IRC's Remedial Legislative Redistricting Plan [91-1], [91-2] (KMG)
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99 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Memorandum |
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MEMORANDUM IN SUPPORT by dft AZ Ind Redistricting of Commission's Remedial Plan as Ordered by the Court [91-1], minute entry [91-2] (KMG)
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98 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Witness List |
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WITNESS LIST AND EXHIBIT LIST by intervenor-plaintiff AZ. Minority Coalition, et al. (KMG)
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97 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Other Notice |
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NOTICE by intervenor-defendant Citizens Clean Elect of Deposit of $2,000 with the Clerk for reimbursement of the Special Master's fees and expenses, in accordance with the Court's Order dated 5/17/02. (KMG)
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96 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Other Notice |
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NOTICE by dft Betsey Bayless of Deposit of $2,000 with the Clerk for reimbursement of the Special Master's fees and expenses, in accordance with the Court's Order dated 5/17/02. (KMG)
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95 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Response |
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RESPONSE /PROPOSAL re: Exigencies submitted by Amicus Curiae Pima County pursuant to the Court's instruction made in open court [74-1], [74-2], [74-3] (KMG)
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94 |
Filed: 5/24/2002, Entered: 5/24/2002 |
Order |
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ORDER by Judge Roslyn O. Silver that the testimony of the Arizona Independent Redistricting Commission's witness, Douglas Mark Johnson, may be taken by way of video conferencing. The video conference is to take place between the U.S. District Court of AZ. in Phoenix, and Honolulu, Hawaii. FURTHER ORDERED that the trial in this matter will commence on 5/29/02 and will be completed on 5/30/02. Both parties will have one day to present their case. [86-1] (cc: all counsel) (KMG)
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93 |
Filed: 5/23/2002, Entered: 5/23/2002 |
Other Notice |
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NOTICE by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas of Deposit of $2,000 for reimbursement of the Special Master's fees and expenses, in accordance with this Court's 5/17/02 Order. (KMG)
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92 |
Filed: 5/23/2002, Entered: 5/23/2002 |
Brief (non-appeal) |
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AMICUS BRIEF FILED by Coconino County in Support of the briefs, memoranda, and pleadings submitted by the Navajo Nation and San Carlos Apache Tribe in these consolidated cases. (KMG)
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91 |
Filed: 5/23/2002, Entered: 5/23/2002 |
Minutes-Miscellaneous |
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MINUTE ENTRY before Judge Roslyn O. Silver. Crt Rptr: Gary Moll. Emergency hearing on Joint Motion to extend time to produce witness and exhibit lists and submission of proposals by dfts [doc.#88-1] and extend time for filing responses [doc.#88-2] held: Appearances: Counsel present as reflected on the Attorney Sign-in Sheet dated 5/23/02, and filed herein [doc.#91A]. Courtroom Deputies: Karen Rilling/Maureen Williams. Bench mark maps, with the proposals over or under , are to be submitted to the Court. An analysis of the elections from 1996 through 2000 for Districts 13, 14, 15 and 16 are to be submitted to the Court. Counsel are to address the critical districts addressed by the Department of Justice regarding Districts 13, 14 and 15. Counsel address the Court re: the joint motion to extend time to produce witness and exhibit lists and submission of proposals by dfts [doc.#88-1] and extend time for filing responses [doc.#88-2]. IT IS ORDERED granting above motion [doc.#88-1 and #88-2] upon oral stipulation of counsel to produce witness and exhibit lists and submissions of proposals and responses with clarification that the plan or plans of the parties is/are to be completed and filed at 5:00 p.m. on Friday, 5/24/02, and sent to the received by the Special Master on Saturday, 5/25/02. Exhibit/witness lists due 5/24/02, at 9:00 a.m. Final exhibit list due 5/28/02. Counsel to meet and confer to attempt to stipulate to the admission of new exhibits. The previous stipulation stated on the record at the hearing on 5/20/02, re: the exhibits is withdrawn and the Court's vacated. The Court will not issue an order re: those exhibits. Opening legal memo of law is due 5/24/02, at Noon. Responsive legal memo due 5/28/02. The stipulated re: Exigency issues which re: remedial Court orders is due 5/28/02, at 9:00 a.m. Counsel are to send all necessary referenced to in Court and which the Special Master additionally requests, be sent to and received by him the morning of 5/25/02. The hearing is continued from 5/28/02 to 5/29/02 at 9:00 a.m. and will continue through 5/30/02. Dft AIRC's stipulation/ motion for appearance by witness Douglas Johnson by Video teleconferencing and for trial schedule change is granted [doc.#86-1 and #86-2]. Coconino County's motion to file Amicus Brief [72-1] is granted, there being no objection. San Carlos Tribe's pro hac vice motion is denied as moot. [73-1] ; in court hearing continued for 9:00 5/29/02 [cc: all counsel]] [91-2] (KMG) Modified on 05/28/2002
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90 |
Filed: 5/23/2002, Entered: 5/23/2002 |
Order |
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ORDER by Judge Roslyn O. Silver; Judge Susan R. Bolton and Judge Marsha S. Berzon of the United States Ninth Circuit, Court of Appeals accordingly, IT IS HEREBY ORDERED that if the nomination paper and nomination petitions of a candidate for the Arizona State House of Representatives or Arizona State Senate ("legislature") are in compliance w/otherwise applicable law, the Arizona Secretary of State shall accept as a valid filing the nomination paper and nomination petitions of a candidate that designates the number of a legislative district in which the candidate resides at the time of filing as designated in the 1994 legislative maps used in the 2000 elections, any maps adopted and certified to the Secretary of State by the Arizona Independent Redistricting Commission ("IRC"), or any maps precleared by the United States Department of Justice. FURTHER ORDERED that the Arizona Secretary of State shall accept on any nomination petition for a candidate for the legislature the signature of any qualified elector who otherwise meets the statutory requirements for signing nomination petitions as set out in the Arizona Revised Statutes Sections 16-321 and 16-322(A)(3), or 16-341(E), if the signer is a qualified elector of a legislative district in which the candidate reside at the time of filing as designated in the 1994 legislative maps used in the 2000 elections, any maps adopted and certified to the Secretary of State by the IRC, or any maps precleared by the US Department of Justice, and that signatures from these districts shall not be subject to challenge pursuant to A.R.S. 16-351. FURTHER ORDERED that to qualify for the ballot, each candidate for the legislature must obtain at least the minumum number of signatures that a candidate was required to obtain in the 2000 election from the legislative district designated in the 1994 legislative maps in which he or she resides at the time of filing, notwithstanding the requirements of A.R.S. 16-322(A)(3) and 16-341(E) and (F). FURTHER ORDERED that for the purpose of determining a legislative candidate's qualification to receive funding prusuant to Arizona Revised Satutes Section 16-950, the Arizona Secretary of State, the Citizens Clean Elections Commission and the County Recorders of Arizona shall accept as valid any Clean Elections Qualifying Contribution slip obtained from a qualified elector of a legislative district in which a candidate for the legislature resides at the time of filing as designated in the 1994 legislative maps used in the 2000 elections, any maps adopted and certified to the Secretary of State by the IRC, or any maps precleared by the US Department of Justice. FURTHER ORDERED that on 6/13/02, the Arizona Secretary of State shall certify to the appropriate County Boards of Supervisors the names of candidates who meet the above requirments and shall identify the office each legislative candidate is seeking by the legislative district numbers ordered by the Court for emergency interim use. FURTHER ORDERED that this Order is in effect for the 2002 state legislative elections only. (cc: all counsel) re: order filed [90-1] (KMG)
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89 |
Filed: 5/22/2002, Entered: 5/23/2002 |
Other Notice |
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NOTICE by dft AZ Ind Redistricting of Deposit with Court in the amount of $2,000 for reimbursement of the Special Master's fees and expenses, in accordance with the Court's Order dated 5/17/02. (KMG)
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88 |
Filed: 5/22/2002, Entered: 5/23/2002 |
Motion for Extension of Time |
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JOINT MOTION to Extend Time to Produce Witness and Exhibit Lists to 5/24/02 at 9:00 a.m. and Extend the Time for Submission of Proposals on Applicable Law to 12:00 p.m. on 5/24/02 by dft AZ Ind Redistricting and intervenor-plaintiffs AZ Minority Coalition, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [88-1] , AND to Extend Time for Filing Responses from 5/24/02 at 5:00 p.m. to 5/28/02 at 9:00 a.m. by this same dft and intervenor-plaintiffs [88-2] (KMG)
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87 |
Filed: 5/22/2002, Entered: 5/22/2002 |
Other Notice |
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NOTICE by intervenor-plaintiff AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados of Deposit $2,000 with the Court for reimbursement of the Special Master's fees and expenses. (KMG)
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86 |
Filed: 5/22/2002, Entered: 5/22/2002, Terminated: 5/23/2002 |
Stipulation |
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STIPULATION (for Leave) to Video Conference Testimony of Douglas Mark Johnson by dft AZ Ind Redistricting, and intervenor-pla AZ Minority Coalition, et al. , and for Trial Schedule Change by dft AZ Ind Redistricting, and intervenor-plaintiffs AZ Minority Coalitio, et al. (NOTE: The parties stipulate that the trial may begin on 5/29/02 and that the trial will conclude on 5/30/02. Both parties shall have one trial day to present their case). (KMG)
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84 |
Filed: 5/22/2002, Entered: 5/22/2002 |
Order |
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ORDER by Judge Roslyn O. Silver (as to Lead Case CIV 02-799-PHX-ROS and consolidated case no. CIV 02-807-PHX-ROS) that this action challenges the constitutionality of the apportionment of a statewide legislative body and is therefore subject to 28 U.S.C. 2284(a); and FURTHER ORDERED that pursuant to 28 U.S.C. 2284(b)(1), this Court shall immediately notify the Chief Judge of the United States Court of Appeals for the Ninth Circuit. (NOTE: Granting Motion for Order to Convene District Court of Three Judges pursuant to 28 2284 (a District Court of three judges shall be convened when an action is filed challenging the constitutionality the apportionment of any statewide Legislative body) by Navajo Nation, and San Carlos Apche Tri [4-1]) (cc: counsel) (KMG) Modified on 05/22/2002
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85 |
Filed: 5/21/2002, Entered: 5/22/2002 |
Affidavit |
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AFFIDAVIT of Mary Rose Garrido Wilcox pursuant to the Court's Order of 5/20/02, stating that members of the Arizona Minority Coalition For Fair Redistricting and individual plas/intervenors reside in Independent Redistricting Commision proposed legislative districts 13, 14, 15, 23, and 29 by Intervenor plas Arizona Minority Coalition for Fair Redistricting, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados (KMG)
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83 |
Filed: 5/21/2002, Entered: 5/21/2002 |
Order |
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ORDER by Judge Roslyn O. Silver that this Court acknowledges the Special Master has received from the IRC the materials contained within the exhibits; The IRC is ordered to expeditiously provide to the Special Master, at the chambers of Judge Roslyn Silver, (1) census files, (2) political data files, and (3) GIS (geographical information systems) files, including proposed district boundaries; FURTHER ORDERED that the parties, their agents or representatives are not to initiate communication with the Special Master unlsess ordered by this Court; The Special Master is authorized to initiate communication, and communicate with the parties as he deems necessary to fulfill his responsibilities to the Court; FURTHER ORDERED that the Special Master will require further information, data, and papers from the parties; The parties are ordered to respond expeditiously to the inquiries and requests of the Special Master; Once the Special Master has computer access he will endeavor when possible to use this electronic means of communication with the parties (cc: all counsel) re: order filed [83-1] (SAT)
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82 |
Filed: 5/21/2002, Entered: 5/21/2002 |
Order |
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ORDER by Judge Roslyn O. Silver granting Motion to Consolidate Cases this one CIV 02-799-PHX-ROS (Navajo Nation v. Arizona Independent Redistricting Commission) with CIV 02-807-PHX-ROS (Arizona Independent Redistricting Commission v. Bayless) by pla Navajo Nation [5-1]; To be consolidated under this case no: CIV 02-799-PHX-ROS. (cc: all counsel) (KMG)
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81 |
Filed: 5/20/2002, Entered: 5/21/2002 |
Response |
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RESPONSE (entitled "Stipulation to Motion") by pla Navajo Nation, and San Carlos Apche Tri to motion to Intervene as Defendant by Graham, County of [15-1] (KMG)
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80 |
Filed: 5/20/2002, Entered: 5/21/2002 |
Answer |
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ANSWER to Intervenor pla's (Hopi Tribe's) Intervenor Complaint by dft Betsey Bayless (NOTE: Hopi Tribe's Intervenor Complaint was not actually docketed and made part of the file due to 5/20/02 Minute Entry which grants Hopi Tribe's Motion to Intervene as a plaintiff, BUT, then also dismisses the intervenor's complaint without prejudice (see doc.#74)). (KMG)
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79 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Amended Complaint |
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AMENDED COMPLAINT IN INTERVENTION by Santa Cruz,County of [76-1] (KMG)
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78 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Joinder |
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JOINDER by intervenor-defendant Santa Cruz,County of to Arizona Independent Redistricting Commission's Brief on the Nature and Scope of Emergency Proceedings [24-1] (KMG)
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77 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Answer |
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ANSWER to Complaint [1-1] by intervenor-defendant Santa Cruz,County of (KMG)
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76 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Complaint |
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COMPLAINT IN INTERVENTION FILED by Intervenors Santa Cruz County (KMG)
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75 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Witness List |
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WITNESS LIST by intervenor-defendant Graham, County of (KMG)
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74 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Minutes-Miscellaneous |
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MINUTE ENTRY before Judge Roslyn O. Silver, Judge Susan R. Bolton and Judge Marsha S. Berzon. Crt Rptr: David Lee. Appearances: Mary O'Grady and Joseph Kanefield for dft Betsy Bayless; Marvin Cohen and Judith Dworkin for pla Navajo Nation; Kenneth Angle for dft Graham County; Richard Halloran for interpla Arizona Minority Coalition; Patrick Irvine for interdft Citizens Clean Elections Comm.; Peter Limperis for dft I.R.C.; Robert S. Berman for the Department of Justice; Daniel Ortega, Jr., for interpla Hopi Tribe; Kevin Parsi and Steve Titla for pla San Carlos Tribe; Ron Lehman for dft Santa Cruz County; John Moffitt for interpla City of Prescott; Ivan Legler for interpla Town of Prescott Valley; Aaron Kizer for interpla Arizona Minority Coalition; Jose de Rivera and Lisa Hauser dft I.R.C.; Michael Mandell for interpla Arizona Minority Coalition; Jill Kennedy and Otis Smith for interdft Maricopa County; Nancy Dean for interdft Apache County, Gila County and Greenlee County; Neil Wake and Linda Skon for interpla Arizonans for Fair and Legal Redistricting; Paul Eckstein for interpla Arizona Minority Coalition; Reed Witherby for pla San Carlos Apache Tribe; Joshua Grabel for interpla Arizona Minority Coalition. (Attorney Sign-In Sheet doc.#74A) 8:40 a.m. In court hearing Matters discussed. Upon motion of counsel for I.R.C., IT IS ORDERED admitting Exhibit 398. Counsel Paul Eckstein provides a stipulation re: exhibits to the Court and reads said stipulation into the record. Therefore, IT IS ORDERED admitting all exhibits into evidence. Formal Order to follow. Discussion held re: exigency. IT IS ORDERED motion to Intervene as dft by Cruz,County [52-1] (NOTE: LODGED Complaint in Intervention; LODGED Answer to in CIV 02-799; AND LODGED Joinder in Independent Redistricting Cimission's Brief on the Nature and Scope of Emergency Proceedings are being held at the docket clerks desk). 10:00 a.m. Recess. 10:50 a.m. Reconvene. Discussion held. Upon motion of pla Navajo and San Carlos Apache IT IS ORDERED dismissing plas Navajo Nation and San Carlos Apache Tribe without prejudice pursuant to Rule 41. IT IS FURTHER ORDERED granting motion to Intervene as plaintiffs by Hopi Tribe to case(s) 2:02-cv-00799, (NOTE: UNSIGNED of Hopi Tribe's Complaint Cross-Complaint is attached Exhibit 1). Discussion held. Subsequent to the Court granting the Motion to Intervene by Hopi Tribe, a request made by for interpla Hopi Tribe to be dismissed as party to this case. Therefore, IT IS ORDERED dismissing interpla Hopi Tribe without prejudice. The Court advises counsel it has determined it has jurisdiction in this matter. Upon stipulation of counsel, IT IS ORDERED continuing Hearing this date to 5/28/02 at 9:00 a.m. Court will reset this matter to 5/29/02 at 9:00 a.m. if counsel advises the Court by 5/23/02 at 9:00 a.m. if this matter will be only 2 days in length. IT IS FURTHER ORDERED directing counsel to exchange evidence, exhibits, witness lists and maps by 5/23/02, at 9:00 a.m. IT IS FURTHER ORDERED directing counsel to submit their proposals on applicable law by 5/23/02 at 9:00 a.m. (20 page limit) with Responses to be filed (20 page limit) by 5/24/02 at 5:00 p.m. IT IS FURTHER ORDERED directing counsel to submit proposal re: exigencies on each of the counties by 5/24/02 at 9:00 a.m. Counsel are to hand deliver a copy of said paperwork to the chambers of Judge Silver, Judge Bolton and Judge Berzon as well as file original pleadings with the Clerk of the Court on the above dates. IT IS FURTHER the for Leave to File Amended Complaint by plas Navajo Nation, and San Carlos Apche Tri [16-1] (NOTE: First Complaint held at docket clerks desk) moot. Counsel are to advise the Court when the commission will be scheduled. 12:13 p.m. Court stands at recess. [cc: ROS;SRB; MSB;docket clerk] [74-3] (former emp) Modified on 05/28/2002
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73 |
Filed: 5/20/2002, Entered: 5/20/2002, Terminated: 5/23/2002 |
Motion for Admission Pro Hac Vice |
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MOTION for admission pro hac vice as to H. Reed Witherby, atty for pla San Carlos Apche Tri in 2:02-cv-00799 [73-1] (KMG)
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72 |
Filed: 5/20/2002, Entered: 5/20/2002, Terminated: 5/23/2002 |
Motion for Miscellaneous Relief |
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MOTION for Leave to File Amicus Brief by Coconino County (attorenys' Terence C. Hance and Jean E. Wilcox) in Support of the briefs, memoranda, and pleadings submitted by the Navajo Nation and San Carlos Apache Tribe in these consolidated cases as to the issues of jurisdiction and authority of this Court [72-1] (NOTE: LODGED Amicus Brief w/several Affidavits in Support attached is being held at docket clerks desk). (KMG) Modified on 05/20/2002
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71 |
Filed: 5/20/2002, Entered: 5/20/2002 |
Joinder |
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JOINDER (entitled "Stipulation to Secretary of State's Proposed Order and Response...")by intervenor-defendant Maricopa, County of to JOINT RESPONSE by dft Betsey Bayless, and intervenor-defendant Citizens Clean Elect to motion for Order/ FOR EMERGENCY INTERIM RELIEF REGARDING CANDIDATE FILING ISSUES by intervenor-plaintiffs AZ Coalitio, et al.,; That the Court should enter the attached Order to provide Arizona's potential legislative candidates with the certainty necessary to allow them to prepare for the 2002 elections re: 1994 Preclearance of the IRC's legislative plan; "Clean Elections" monies; and Set the number of signatures to qualify for the ballot. response to motion [65-1] (KMG)
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Filed: 5/20/2002, Entered: 5/20/2002 |
Lodged Document |
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LODGED Amicus Brief by Coconino County in support of the briefs, memoranda, and pleadings submitted by the Navajo Nation and San Carlos Apache Tribe in these consolidated cases as to the issues of jurisdiction and authority of this Court [72-1] (NOTE: LODGED Amicus Brief w/several Affidavits in Support attached is being held at docket clerks desk). (KMG)
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70 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Motion to Amend/Correct |
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MOTION for Leave to Amend (lodged document: First Amended Complaint which is being held at docket clerks desk) by plas Navajo Nation, and San Carlos Apche Tri [70-1] (NOTE: LODGED Second Amended Verified Complaint and Application for Preliminary Injunction held at docket clerks desk, along with LODGED First Amended Complaint). (KMG)
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69 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Witness List |
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WITNESS LIST by plas Navajo Nation, and San Carlos Apche Tri (KMG)
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68 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Witness List |
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WITNESS LIST by dft AZ Ind Redistricting, intervenor-defendant Graham, County of, intervenor-plaintiff Prescott, City of, and Prescott Valley, Twn, intervenor-defendant Santa Cruz,County of (KMG)
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67 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Witness List |
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WITNESS LIST by intervenor-plaintiff Hopi Tribe (KMG)
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66 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Witness List |
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WITNESS LIST by intervenor-plaintiffs AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados (KMG)
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65 |
Filed: 5/17/2002, Entered: 5/20/2002 |
Response to Motion |
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JOINT RESPONSE by dft Betsey Bayless, and intervenor-defendant Citizens Clean Elect to motion for Order/ FOR EMERGENCY INTERIM RELIEF REGARDING CANDIDATE FILING ISSUES by intervenor-plaintiffs AZ Coalitio, et al.,; That the Court should enter the attached Order to provide Arizona's potential legislative candidates with the certainty necessary to allow them to prepare for the 2002 elections re: 1994 Preclearance of the IRC's legislative plan; "Clean Elections" monies; and Set the number of signatures to qualify for the ballot. [58-1] (KMG)
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64 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Order |
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NOTICE/ORDER by Judge Roslyn O. Silver this is to notify counsel and the parties that the Court has been informed that Robert Berman, Deputy Chief Voting Rights for the Department of Justice, will appear as scheduled at the hearing on 5/20/02 at 8:00 a.m., and inform the Court and parties of the status of preclearance of the IRC plan for redistricting Arizona's legislative districts. (cc: all counsel) re: order filed [64-1] (KMG)
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63 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Order |
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ORDER APPOINTING SPECIAL MASTER by Judge Roslyn O. Silver appointing Special Master, Bruce E. Cain, Professor Political Science and Director Institute of Governmental Studies, University of California Berkeley pursuant to Fed.R.Civ.P. 53, to evaluate evidence re: proposed redistricting plans, and assist the Court in developing an appropriate plan, if necessary. FURTHER ORDERED that counsel for all the parties shall provide the Special Master copies of such papers and pleadings as he deems necessary and appropriate fo rhim to complete his assigned tasks. FURTHER ORDERED that each of the parties, including intervener parties, shall deposit $2000.00 with the Clerk within seven days from the date of this Order, which shall be used to pay the fees and expenses of the Special Master. FURTHER ORDERED that the Special Master shall be paid at the rate of $150.00 per hour and shall be reimbursed his reasonble expenses inconnection with his service as a Special Mater (including charges of $20.00 per hour for his student assistants). FURTHER ORDERED that notwithstanding the parties' payments to the Clerk within seven days, all fees and expenses of the Special Master shall be taxed in favor of the prevailing party in accordance with 28 U.S.C. 1920 if there is one. (cc: all counsel, Special Master,fin) re: order filed [63-1] (KMG)
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62 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Order |
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ORDER by Judge Roslyn O. Silver ; Susan R. Bolton; That the hearing will begin 5/20/02 at 8:00 a.m. in the Special Proceedings Courtroom at the US Courthourse and will continue until 5/23/02. FURTHER ORDERED that the Agenda set forth in the body of this Order will govern the presentation of evidence at the hearing. FURTHER ORDERED that counsel for all parties are to meet and confer and make all reasonable efforts to agree upon stipulated admissible evidence to proffer to the Court at the hearing, preferable in the form of affidavits and stipulated exhibits rather than testimony. FURTHER ORDERED that in anticipation of a report from DOJ requiring the Court to consider evidence from the IRC concerning whether an emergency exists warranting the Court's approval of the IRC plan w/out preclearance, pursuant to 28 C.F.R. section 51.18(c) counsel are to meet and confer and make all reasonable efforts to agree upon stipulated admissible evidence on this matter. Parties are to file with the Court on the morning of the hearing beginning on 5/20/02 the stipulated schedule, allocating the time for all parties to present all the evidence on this issue. FURTHER ORDERED that in anticipation of the necessity of the Court hearing evidence supporting and opposing the two competing plans and whether the Court must devise its own plan, counsel are to meet and confere and make reasonable efforts to agree upon the stipulated admissible evidence and decide how the hearing time will be allocated amoung the parties to allow for the hearing to end at 5:00 p.m. 5/23/02. The parties are to file with the Court on the morning of the hearing (5/20/02) the stipulated schedule, allocating the time for all parties to present all the evidence on this issue. The Court will not permit opening or closing arguments, but may decide at the end of the hearing to accept post hearing briefing. FURTHER ORDERED that the parties are to file their list of witnesses with the Court, a copy to all Judges by 5:00 p.m. 5/17/02 and work with the Court's courtroom deputies and technical staff to resolve all issues concerning exhibits and presentation of evidence. Judge Berzon concurs w/regard to the rulings made in this Order regarding future proceedings, but not in the statements regarding the governing legal standards. She prefers to defer all conclusions regarding the governing legal standards until the conclusion of the evidentiary hearing. (cc: all counsel) re: order filed [62-1] (KMG)
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-- |
Filed: 5/17/2002, Entered: 5/17/2002 |
Order |
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Text not available.
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-- |
Filed: 5/17/2002, Entered: 5/20/2002 |
Lodged Document |
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LODGED Second Amended Complaint by plas Navajo Nation and San Carlos Apche Tri (Document being held at docket clerks desk). **To include pla: Leonard Gorman with Navajo Nation and Velasquez W. Sneezy, Sr. with San Carlos Apache Tribe ** (KMG)
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-- |
Filed: 5/17/2002, Entered: 5/17/2002, Terminated: 5/21/2002 |
Lodged Document |
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LODGED Amended Complaint in Intervention by pending intervenor-defendant Santa Cruz,County of (NOTE: Pending Motion to Intervene by Santa Cruz, County of doc.#52). (KMG)
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61 |
Filed: 5/16/2002, Entered: 5/17/2002 |
Answer |
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ANSWER to Complaint in Intervention of Intervenors City of Prescott and Town of Prescott Valley [19-1] by dft Betsey Bayless in 2:02-cv-00799 (KMG)
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60 |
Filed: 5/16/2002, Entered: 5/17/2002 |
Answer |
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ANSWER to Complaint in Intervention by by Apache County, Greenlee County, Gila County and the Eastern Arizona Counties Organization [59-1] by dft Betsey Bayless in 2:02-cv-00799 (KMG)
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58 |
Filed: 5/16/2002, Entered: 5/16/2002, Terminated: 5/23/2002 |
Motion for Miscellaneous Relief |
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MOTION for Order/ FOR EMERGENCY INTERIM RELIEF REGARDING CANDIDATE FILING ISSUES by intervenor-plaintiffs AZ Minority Coalitio, et al.,; That the Court should enter the attached Order to provide Arizona's potential legislative candidates with the certainty necessary to allow them to prepare for the 2002 elections re: 1994 Preclearance of the IRC's legislative plan; "Clean Elections" monies; and Set the number of signatures to qualify for the ballot. [58-1] (KMG)
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57 |
Filed: 5/16/2002, Entered: 5/16/2002 |
Order |
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ORDER by Judge Roslyn O. Silver designating Judith Dworkin as lead contact attorney for all plas and pla interveners/claimants and designating Lisa Hauser as lead contact attorney for all dfts and dft interveners/claimants. Counsel are to organize the exhibits, exhibit lits and witness lists for each side for the hearing beginning 5/20/02, in accordance with the attached exhibit procedure and instructions. Designated counsel shall contact Karen Rilling, courtroom deputy at 602-322-7230 by 5:00 p.m. on 5/16/02, regarding any special equipment needed for the hearing. Designated counsel shall meet and confer re: numbering of exhibits as stated in the attached instructions. Counsel are advised that duplicative exhibits will not be accepted. Designated counsel shall bring the exhibits, marked and listed as reflected in the instructions, to the Special Proceedings Courtroom as follows: In Court hearing set for 7:30 5/20/02 (cc: all counsel) (KMG)
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-- |
Filed: 5/16/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Answer to Complaint of pla Intervenor Hopi Tribe by dft Betsey Bayless in 2:02-cv-00799 (NOTE: LODGED Answer held at docket clerks desk). (KMG)
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-- |
Filed: 5/16/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Answer to lodged First Amended Complaint of plas' Navajo Nation and San Carlos Apache Tribe by dft Betsey Bayless in 2:02-cv-00799 (KMG)
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56 |
Filed: 5/15/2002, Entered: 5/16/2002 |
ERRATA |
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NOTICE OF ERRATA by dft AZ Ind Redistricting to Brief [24-1] on the Nature and Scope of Emergency Proceedings on 5/13/02 and its Consolidated Response Brief on 5/14/02, copies ob both briefs were hand-deliverable to the Honorable Roslyn O. Silver and the Honorable Susan R. Bolton and a copy of both briefs was electronically mailed to the Honorable Marsha S. Berzon and to the attached mailing list. (KMG)
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55 |
Filed: 5/15/2002, Entered: 5/16/2002 |
Joinder |
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JOINDER by intervenor-plaintiffs Prescott, City of and Prescott Valley, Twn to Reply [51-1] REPLY BRIEF by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas, to RESPONSE [50-1] by intervenor-plaintiff AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados to Secretary of State's Brief [29-1]; to intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas Brief [26-1]; to AZ Ind Redistricting's Brief [24-1] Regarding The Nature and Scope of Emergency Proceedings (KMG)
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54 |
Filed: 5/15/2002, Entered: 5/16/2002 |
Response |
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RESPONSE/STIPULATION FOR INTERVENTION by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados; Hereby Stipulate to the Intervention of all parties who have previously moved to intervene in this matter: Motion to Intervene dft by Santa Cruz,County of [52-1]; To Intervene as Defendant by Graham, County of [15-1]; To Intervene as Plaintiffs by Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org [14-1] and Arizona Counties Organization (EACO) [37-1]; To Intervene as a plaintiff in this case by Graham County [36-1]; to Intervene as plaintiffs by Hopi Tribe [35-1]; to Intervene as Defendant by Maricopa, County of [13-1]; to Intervene as plaintiffs by AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1] (KMG)
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52 |
Filed: 5/15/2002, Entered: 5/15/2002, Terminated: 5/20/2002 |
Motion to Intervene |
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MOTION to Intervene as dft by Santa Cruz,County of to case(s) 2:02-cv-00799, [52-1] (NOTE: LODGED Complaint in Intervention; LODGED Answer to Complaint in CIV 02-799; AND LODGED Joinder in Independent Redistricting Cimission's Brief on the Nature and Scope of Emergency Proceedings are being held at the docket clerks desk). (KMG) Modified on 05/15/2002
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-- |
Filed: 5/15/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Answer to plas' Verified Complaint and Application for Preliminary Injunction by pending by Intervenor-defendant Santa Cruz,County of in 2:02-cv-00799 (KMG)
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-- |
Filed: 5/15/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Brief on the Nature and Scope of Emergency Proceedings from pending (motion to intervene doc.#52) by intervenor-defendant Santa Cruz,County of in 2:02-cv-00799 (KMG)
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-- |
Filed: 5/15/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Complaint in Intervention by intervenor-defendant Santa Cruz,County of in 2:02-cv-00799 (KMG)
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53 |
Filed: 5/14/2002, Entered: 5/15/2002 |
ERRATA |
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NOTICE OF ERRATA by intervenor-defendant Maricopa, County of to RESPONSE/JOINDER [49-1] to the Arizona Secretary of State and Independent Redistricting Commission's Brief(s) on 5/13/02 regarding the nature and scope of emergency proceedings and the jurisdiction of this Court (to brief [29-1], and brief [24-1]). (KMG)
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51 |
Filed: 5/14/2002, Entered: 5/15/2002 |
Reply to Response to Motion |
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REPLY BRIEF by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas, to RESPONSE [50-1] by intervenor-plaintiff AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados to Secretary of State's Brief [29-1]; to intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas Brief [26-1]; to AZ Ind Redistricting's Brief [24-1] Regarding The Nature and Scope of Emergency Proceedings (KMG)
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50 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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RESPONSE by intervenor-plaintiff AZ Minority Coalitio Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados to Secretary of State's Brief [29-1]; to intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas Brief [26-1]; to AZ Ind Redistricting's Brief [24-1] Regarding The Nature and Scope of Emergency Proceedings (KMG)
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49 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Joinder |
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RESPONSE/JOINDER by intervenor-defendant Maricopa, County of the Arizona Secretary of State and Independent Redistricting Commission's Brief(s) on 5/13/02 regarding the nature and scope of emergency proceedings and the jurisdiction of this Court (to brief [29-1], and brief [24-1]). (KMG)
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48 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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CONSOLIDATED RESPONSE BRIEF by dft AZ Ind Redistricting to the separate, briefs filed by the Navajo Nation and the San Carlos Apache Tribe ( Memorandum [23-1], and Brief [22-1], as Ordered by the Court on 5/10/02 Minute Entry [17-1]) (KMG)
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47 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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RESPONSIVE MEMORANDUM by pla San Carlos Apche Tri Concerning the Court's Authority and the Scope and Nature of the Proceedings scheduled for 5/20/02 (In Response to brief [24-1], as Ordered by the Court in minute entry [17-3]) (KMG)
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46 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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RESPONSIVE BRIEF by pla Navajo Nation Concerning the Court's Authority and the Nature and Scope of the Proceedings (NOTE: In Response to brief [26-1], to brief [24-1], As Ordered by the Court on 5/10/02 [doc.#17]. (KMG)
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45 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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RESPONSE (entitled "Stipulation as to Intervenor Participation in Lawsuit") by dft Betsey Bayless as to the following Motions: Motion to Intervene as Defendant by Graham, County of [15-1] ; to Intervene as Plaintiffs by Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty [14-1]; Motion to Intervene by Apache County, Greenlee County, Gila County and the Eastern Arizona Counties Organization (EACO) [37-1]; Motion to Intervene a plaintiff in this case by Graham County [36-1]; Motion to Intervene plaintiffs by Hopi Tribe [35-1]; Motion to Intervene as Defendant by Maricopa, County of [13-1]; Motion Intervene plaintiffs by AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1] also includes Motion to Intervene by Prescott, City of and Prescott Valley, Town of. (KMG) Modified on 05/15/2002
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44 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Response |
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RESPONSE (entitled "STIPULATION FOR INTERVENTION") by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas Stipulates to the intervention of all parties who have previously moved to intervene in this matter by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas (regarding the following motions to intervene: Motion to Intervene as Defendant by Graham, County of [15-1] ; Motion to Intervene as Plaintiffs by Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org [14-1]; Motion to Intervene by Apache County, Greenlee County, Gila County and the Eastern Arizona Counties Organization (EACO) [37-1]; Motion to Intervene as a plaintiff in this case by Graham County [36-1]; Motion to Intervene as Defendant Maricopa, County of [13-1]; Motion Intervene plaintiffs by AZ Minority Coalitio, Ramon Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1] (KMG) Modified on 05/15/2002
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43 |
Filed: 5/14/2002, Entered: 5/14/2002 |
Joinder |
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JOINDER by intervenor-plaintiffs Prescott, City of, and Prescott Valley, Twn in Arizonans for Fair and Legal Redistricting, Inc., et al's Brief [26-1] on the Nature and Scope of Emergency Proceedings. (KMG)
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42 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Response |
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RESPONSE by plas Navajo Nation, and San Carlos Apche Tri to Motion(s) to Intervene as Plaintiffs by Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org [14-1]; to motion to Intervene by Apache County, Greenlee County, Gila County the Eastern Arizona Counties Organization (EACO) [37-1]; to motion to Intervene as plaintiffs by Hopi Tribe to case(s) 2:02-cv-00799, [35-1] to motion to Intervene as plaintiffs by AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1] (KMG)
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41 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Response |
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RESPONSE (entitled "STIPULATION TO MOTION TO INTERVENE") by pla San Carlos Apche Tri in 2:02-cv-00799 to motion to Intervene as Defendant by Maricopa, County of [13-1] (KMG)
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40 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Joinder |
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JOINDER by intervenor-defendant Citizens Clean Elect in the Brief [29-1] filed by the Secretary of State, Betsey Bayless with Request regarding proposed relief (that this Court include in any relief granted an order declaring that participating candidates may submit contribution slips pursuant to A.R.S. 16-946(B) from the candidate's old district, the candidate's district under the lines proposed by pla AZ Independent Redistricting Commission, and/or the candidate's district under the lines finally implemented for the 2002 election by this Court). (KMG)
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39 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Answer |
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ANSWER to the Navajo Nation and the San Carlos Apache Tribe's Complaint [1-1] by intervenor-defendant Citizens Clean Elect in 2:02-cv-00799 (KMG)
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38 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Answer |
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ANSWER to the Independent Redistricting Commission's Complaint [1-1] by intervenor-defendant Citizens Clean Elect in 2:02-cv-00807 (Consolidated into lower case number CIV 02-799-PHX-ROS) (KMG) Modified on 05/14/2002
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33 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Joinder |
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JOINDER (Stipulation to Adopt) by intervenor-defendants Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org, Graham, County of to Response/brief [24-1] on the Nature and Scope of Emergency Proceedings. (KMG)
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32 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED by personal service of summons, verified complaint, application for preliminary injunction, application to show casue, req for preliminary pretrial conf., req to convene district court of three judges upon Adolfo Echereste, Executive Director, for dft AZ Ind Redistricting in 2:02-cv-00799 on 5/1/02 (KMG) Modified on 05/14/2002
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31 |
Filed: 5/13/2002, Entered: 5/14/2002 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED in personal service of summons, verified complaint, application for preliminary injunction, application to show casue, req for preliminary pretrial conf., req to convene district court of three judges upon Jessica Funkhouser, State Election Director, for dft Betsey Bayless in 2:02-cv-00799on 5/1/02 (KMG)
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30 |
Filed: 5/13/2002, Entered: 5/13/2002, Terminated: 9/19/2002 |
Stipulation |
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STIPULATION to Allow Prescot and Prescott Valley's Motion to Intervene by intervenor-plaintiffs Prescott, City of, and Prescott Valley, Twn (KMG)
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29 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Brief (non-appeal) |
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BRIEF FILED by dft Betsey Bayless on the Nature and Scope of Emergency Proceedings (KMG)
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28 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Joinder |
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JOINDER (Stipulation to Adopt) by intervenor-defendants Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org, and Graham, County of to Independent Redistricting Commission's Brief [24-1] on the Nature and Scope of Emergency Proceedings (KMG)
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27 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Joinder |
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JOINDER by intervenor-plaintiffs Prescott, City of, and Prescott Valley, Twn in Arizona Independent Redistricting Commission's Brief [24-1] on the Nature and Scope of Emergency Proceedings (KMG)
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26 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Brief (non-appeal) |
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BRIEF FILED by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas regarding the Nature and Scope of Emergency Proceedings (KMG)
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25 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Brief (non-appeal) |
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BRIEF FILED by intervenor-plaintiffs AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados regarding Jurisdictional Issues and the Proper Role of the Court (KMG)
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24 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Brief (non-appeal) |
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BRIEF FILED by dft AZ Ind Redistricting on the Nature and Scope of Emergency Proceedings (KMG)
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23 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Memorandum |
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MEMORANDUM by pla San Carlos Apche Tri concerning the Court's Authority and the Scope and Nature of the Proceedings scheduled for 5/20/02 (KMG)
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22 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Brief (non-appeal) |
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OPENING BRIEF FILED by pla Navajo Nation regarding Jurisdiction and the Proper Role of the Court (KMG)
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21 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Answer |
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ANSWER to complaint [1-1] by intervenor-defendants Apache, County of, Greenlee, County, Gila, County of, Eastern AZ Cty Org, Graham, County of (KMG)
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20 |
Filed: 5/13/2002, Entered: 5/13/2002, Terminated: 9/19/2002 |
Stipulation |
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STIPULATION to Motions to Intervene by dft AZ Ind Redistricting (NOTE: indicating which motions to intervene should be granted). (KMG)
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Filed: 5/13/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Answer by intervenor-plaintiffs Arizonans for Fair & Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas (KMG)
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-- |
Filed: 5/13/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED Answer to plas' First Amended Complaint by dft AZ Ind Redistricting (KMG)
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121 |
Filed: 5/10/2002, Entered: 6/7/2002 |
Crossclaim |
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CROSSCLAIM by dft Betsey Bayless against dft AZ Ind Redistricting (CIV-02-807) (MAP)
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121 |
Filed: 5/10/2002, Entered: 6/7/2002 |
Complaint |
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COMPLAINT IN INTERVENTION FILED by AZ Minority Coalition for Fair Redistricting, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera and Los Abogados (CIV-02-807) (MAP) Modified on 06/07/2002
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120 |
Filed: 5/10/2002, Entered: 6/7/2002 |
Complaint |
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COMPLAINT IN INTERVENTION FILED by Intervenors AZ minority Coalition for Fair Redistricting, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Girrido-Wilcox, Esther Lumm, Virginia Rivera and Los Abogados (CIV-02-799) (MAP) Modified on 06/07/2002
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59 |
Filed: 5/10/2002, Entered: 5/17/2002 |
Complaint |
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COMPLAINT IN INTERVENTION FILED by Apache County, Greenlee County, Gila County and the Eastern Arizona Counties Organization (KMG)
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37 |
Filed: 5/10/2002, Entered: 5/14/2002 |
Motion to Intervene |
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MOTION to Intervene by Apache County, Greenlee County, Gila County and the Eastern Arizona Counties Organization (EACO) [37-1] (KMG)
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36 |
Filed: 5/10/2002, Entered: 5/14/2002 |
Motion to Intervene |
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MOTION to Intervene as a plaintiff in this case by Graham County [36-1] (KMG)
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35 |
Filed: 5/10/2002, Entered: 5/14/2002 |
Motion to Intervene |
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MOTION to Intervene as plaintiffs by Hopi Tribe to case(s) 2:02-cv-00799, [35-1] (NOTE: UNSIGNED COPY of Hopi Tribe's Complaint and Cross-Complaint is attached as Exhibit 1). (KMG) Modified on 05/17/2002
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34 |
Filed: 5/10/2002, Entered: 5/14/2002 |
Supplement |
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SUPPLEMENTAL BRIEF by intervenor-plaintiffs Arizonans for Fair &, Ephram Cordova, Jesse Hernandez, Martin Sepulveda, Ilia Terrazas to motion for Order to Show Cause why the Complaint and Application for Preliminary Injunction should not be granted by plas Navajo Nation, and San Carlos Apche Tri [2-1] (KMG)
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19 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Crossclaim |
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CROSSCLAIM by Prescott, City of, Prescott Valley, Twn against dft AZ Ind Redistricting in 2:02-cv-00799 (KMG)
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19 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Complaint |
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JOINT COMPLAINT IN INTERVENTION FILED by the City of Prescott and the Town of Prescott Valley (KMG)
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18 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Complaint |
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COMPLAINT IN INTERVENTION FILED by Inervenors Arizonans for Fair and Legal Redistricting, Inc.; Ephram Cordova; Jesse Hernandez; Martin Sepulveda; and Ilia Terrazas (KMG) Modified on 05/13/2002
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17 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Minutes-Miscellaneous |
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MINUTE ENTRY before Judge Roslyn O. Silver and Judge Marsha S. Berzon. Crt Rptr: Merilyn Sanchez. Status hearing held: Status hearing held: Appearances: Judith Dworkin and Marvin Cohen for pla Navajo Nation (CV 02-799). Lisa Hauser and Jose de Jesus Rivera for AZ Independent Redistricting Commisson (pla in CV 02-807 and dft in CV 02-799). Otis Smith for Maricopa County, County Recorder. Neil Wake and Linda Skon for intervener Arizonans for Fair and Legal Redistricting (CV 02-807). John Moffitt for intervener City of Prescott, Town of Prescott Valley (CV 02-807). Mary O'Grady and Joseph Kanefield for Betsy Bayless/Secretary of State (dft in both cases). Daniel Ortega, Jr. for intervener Hopi Tribe (CV 02-807). Todd Lang for intervener Citizens Clean Elections Commission (CV 02-807). Richard Halloran, Aaron Kizer and Paul Eckstein for intervener Arizona Minority Coalition (CV 02-807). Kevin Parsi for pla San Carlos Apache Tribe (CV 02-799). Kenneth Angle for intervener Graham County (CV 02-807). Nancy Dean for interveners Apache Country, Gila County, and Greenlee County (ECOA) (CV 02-807). David Cantelme for intervener City of Flagstaff. (Sign-in Sheet filed as Doc.#17A) Discovery and scheduling issues are addressed by each party. IT IS ORDERED that counsel file expedited initial briefing by 4:00 p.m. on Monday, May 13, 2002, and 4:00 p.m. on Tuesday, May 14, 2002, for expedited briefs as to the nature, scope and jurisdiction of the litigation (15 pages maximum). Copies of all pleadings are to be hand-delivered to the chambers of Judge Silver Judge Bolton. Judge Berzon will receive her copies by e-mail. Counsel shall contact Judge Silver's chambers on Monday, May 13, 2002, for Judge Berzon's e-mail address. IT IS ORDERED granting the motions to intervene. IT IS ORDERED granting the motion to consolidate CV 02-807-PHX-ROS with 02-799-PHX- ROS under CV 02-799-PHX-ROS. IT IS ORDERED granting the motion to designate this case as a complex case. IT IS ORDERED granting the motion for leave to file exhibit B by the Navajo Nation. IT IS ORDERED that the parties meet and confer over the weekend regarding the necessary depositions and discovery which need to take next week prior to the hearing. The City of Flagstaff's request to file a motion to intervene is granted. IT IS ORDERED setting an expedited hearing beginning Monday, May 20, 2002, at 8:30 a.m. The length of the hearing yet to be determined. IT IS ORDERED granting motion to Intervene as Defendant by Graham, County of [15-1]. IT IS ORDERED granting motion to Intervene as Plaintiffs by Apache, of, Greenlee, County of, Gila, County of, Eastern AZ Cty [14-1]. IT IS ORDERED granting motion to Intervene as Defendant by Maricopa, County of [13-1]. IT IS ORDERED granting motion to Intervene as plaintiffs by AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1]. IT IS ORDERED granting motion for Leave to File Exhibit B Preferred Navajo Legislative Plan by pla Navajo Nation [6-1] (NOTE: Separte Lodged Document Submitted - Document Attached to this Motion). IT IS ORDERED granting motion to Consolidate Cases this one (Navajo Nation v. Arizona Independent Redistricting Commission) with CIV 02-807-PHX-ROS (Arizona Independent Redistricting Commission v. Bayless) by pla Navajo Nation [5-1]. IT IS ORDERED granting motion to Move this Matter the Complex Track and set a Preliminary Pretrial Conference by pla Navajo Nation, pla San Carlos Apche Tri [3-1]. [cc: CD; docket; SRB]] [17-3] (former emp) Modified on 05/28/2002
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16 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Motion to Amend/Correct |
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MOTION for Leave to File Amended Complaint [1-1] by plas Navajo Nation, and San Carlos Apche Tri [16-1] (NOTE: LODGED First Amended Complaint held at docket clerks desk). (KMG)
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15 |
Filed: 5/10/2002, Entered: 5/13/2002, Terminated: 5/10/2002 |
Motion to Intervene |
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MOTION to Intervene as Defendant by Graham, County of [15-1] (NOTE: Proposed Answer is attached as Exhibit 1). (KMG) Modified on 05/13/2002
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14 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Motion to Intervene |
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MOTION to Intervene as Plaintiffs by Apache, County of, Greenlee, County of, Gila, County of, Eastern AZ Cty Org [14-1] (KMG) Modified on 05/13/2002
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Filed: 5/10/2002, Entered: 5/17/2002 |
Lodged Document |
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LODGED First Amended Complaint and Application for Preliminary Injunction by plas Navajo Nation, and San Carlos Apche Tri (KMG)
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13 |
Filed: 5/9/2002, Entered: 5/13/2002 |
Motion to Intervene |
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MOTION to Intervene as Defendant by Maricopa, County of [13-1] (KMG) Modified on 05/13/2002
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12 |
Filed: 5/9/2002, Entered: 5/13/2002 |
Answer |
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ANSWER to Complaint [1-1] by dft Betsey Bayless (KMG)
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11 |
Filed: 5/8/2002, Entered: 5/9/2002 |
ERRATA |
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NOTICE OF ERRATA /Notice of Substitution of 5-Page Table to Exhibit A Navajo Illustrative Legislative Plan by pla Navajo Nation which was included as part of Exhibit A to plas' Verified Complaint and Application for Preliminary Injunction [1-1] (KMG)
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10 |
Filed: 5/8/2002, Entered: 5/9/2002 |
Memorandum |
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PRELIMINARY PRE-TRIAL CONFERENCE MEMORANDUM by pla Navajo Nation (KMG)
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9 |
Filed: 5/8/2002, Entered: 5/8/2002 |
Order |
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ORDER by Judge Roslyn O. Silver that, pursuant to Rule 1.9(f), Rules of Practice of the US District Court for the District of Arizona, three copies of each pleading or document filed in the First (CIV 02-799) and Second (CIV 02-807) Actions shall accompany the filing and each filing shall be immediately faxed directly to Judge Berzon: The Honorable Marsha S. Berzon, Circuit Judge, 9CR, United States Court of Appeals, P.O. Box 193939, San Francisco, CA. 94119-3939, FAX: (415) 556-9491. FURTHER ORDERED that a Status Conference in both the First and Second Actions will be held as follows: ; Status Hearing set for 4:00 5/10/02 in the Special Proceedings Courtroom 200 located in the atrium of the Sandra Day O'Connor US Courthouse. All parties that have appeared in either the First or Second Action and all parties seeking to intervene in either action shall attend the Status Conference to address scheduling and related issues. (cc: all counsel) (KMG)
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8 |
Filed: 5/8/2002, Entered: 5/8/2002 |
Order |
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ORDER by Mary M. Schroeder, Chief Judge, United States Courts for the Ninth Circuit granting Motion for Order to Convene District Court of Three Judges pursuant to 28 U.S.C. 2284 by plas Navajo Nation, and San Carlos Apche Tri [4-1]. Having received statutory notification of a request for the appointment of a three-judge district court from the Honorable Roslyn Silver, District Judge for the District of Arizona, I hereby designate and appoint the following for a three-judge panel of Judge Roslyn O. Silver and Judge Marsha S. Berzon and Judge Susan R. Bolton to sit with the Honorable Roslyn Silver to hear and determine the following causes at the district court for the District of Arizona, at a time and place to be agreed upon by the court. Causes CIV 02-799 and CIV 02-807. (cc: all counsel) (KMG)
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7 |
Filed: 5/7/2002, Entered: 5/8/2002 |
Motion to Intervene |
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MOTION to Intervene as plaintiffs by AZ Minority Coalitio, Ramon Valadez, Peter Rios, Carlos Avelar, James Sedillo, Mary Rose Garrido Wilcox, Esther Lumm, Virginia Rivera, Los Abogados [7-1] (KMG)
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6 |
Filed: 5/7/2002, Entered: 5/8/2002 |
Motion for Miscellaneous Relief |
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MOTION for Leave to File Exhibit B Preferred Navajo Legislative Plan by pla Navajo Nation [6-1] (NOTE: No Separte Lodged Document Submitted - Document Attached to this Motion). (KMG)
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5 |
Filed: 5/6/2002, Entered: 5/7/2002, Terminated: 5/21/2002 |
Motion to Consolidate Cases |
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MOTION to Consolidate Cases this one (Navajo Nation v. Arizona Independent Redistricting Commission) with CIV 02-807-PHX-ROS (Arizona Independent Redistricting Commission v. Bayless) by pla Navajo Nation [5-1] (KMG)
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4 |
Filed: 5/1/2002, Entered: 5/2/2002, Terminated: 5/8/2002 |
Motion for Miscellaneous Relief |
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MOTION for Order to Convene District Court of Three Judges pursuant to 28 U.S.C. 2284 (a District Court of three judges shall be convened when an action is filed challenging the constitutionality of the apportionment of any statewide Legislative body) by plas Navajo Nation, and San Carlos Apche Tri [4-1] (KMG)
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3 |
Filed: 5/1/2002, Entered: 5/2/2002 |
Motion for Miscellaneous Relief |
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MOTION to Move this Matter to the Complex Track and set a Preliminary Pretrial Conference by pla Navajo Nation, pla San Carlos Apche Tri [3-1] (KMG)
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2 |
Filed: 5/1/2002, Entered: 5/2/2002 |
Motion for Miscellaneous Relief |
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MOTION for Order to Show Cause why the Complaint and Application for Preliminary Injunction should not be granted by plas Navajo Nation, and San Carlos Apche Tri [2-1] (KMG)
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1 |
Filed: 5/1/2002, Entered: 5/2/2002 |
Complaint |
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COMPLAINT FILED (ESH)
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