D. Ariz. 4:19-cv-00035 Docket
Toomey v. State of Arizona
No. 4:19-cv-00035, Case History (under construction)
Court: District of Arizona (Tucson)
Assigned to: Judge Rosemary Marquez
(previously Magistrate Judge Lynette C. Kimmins, magistrate declined 1/25/19)
(previously Senior Judge Frank R. Zapata, recused 2/04/19)
Referred to: Magistrate Judge Michael A Ambri
(previously Magistrate Judge Leslie A. Bowmans, retired, reassigned 5/2/23)
(previously Magistrate Judge Lynette C. Kimmins, recused 4/18/19)
| Date Filed | # | Docket Text |
| 01/23/2019 | 1 | *COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16436502 filed by Russell B Toomey.(Macre, Heather) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Corporate Disclosure)(ARC) *Modified to Seal Exhibit 3 only pursuant to Order at Doc. 20 on 2/20/2019 (MFR). (Entered: 01/24/2019) |
| 01/23/2019 | 2 | SUMMONS Submitted by Russell B Toomey. (Macre, Heather) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(ARC) (Entered: 01/24/2019) |
| 01/23/2019 | 3 | Filing fee paid, receipt number 0970-16436502. This case has been assigned to the Honorable Lynnette C Kimmins. All future pleadings or documents should bear the correct case number: CV-19-35-TUC-LCK. Magistrate Election form attached. (ARC) (Entered: 01/24/2019) |
| 01/24/2019 | 4 | NOTICE TO THE PARTIES – The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) (Entered: 01/24/2019) |
| 01/24/2019 | 5 | Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(ARC). *** IMPORTANT: When printing the summons, select “Document and stamps” or “Document and comments” for the seal to appear on the document. (Entered: 01/24/2019) |
| 01/24/2019 | 6 | NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Russell B Toomey. Document not in compliance with LRCiv 7.1(a)(3) – Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC) (Entered: 01/24/2019) |
| 01/25/2019 | 7 | NOTICE re: Plaintiffs Election of District Judge Option by Russell B Toomey re: 3 New Case Opened 01/24/2019. (Macre, Heather) (Entered: 01/25/2019) |
| 01/29/2019 | 10 | Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 01/31/2019) |
| 01/29/2019 | 11 | MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. IT IS ORDERED this Case is reassigned by random draw to Senior District Judge, Frank R Zapata. All further pleadings/papers should now list the following COMPLETE case number: CV-19-00035-TUC-FRZ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.(BAC) (Entered: 01/31/2019) |
| 01/31/2019 | Remark: Pro hac vice motion granted for Leslie J Cooper on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/31/2019) | |
| 02/01/2019 | Remark: Pro hac vice motion granted for Joshua Block on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/01/2019) | |
| 02/04/2019 | 12 | ORDER this case is reassigned by random lot to the Honorable Judge Rosemary Marquez. Counsel and the parties shall designate all further filings in this case as: CV 19-00035-TUC-RM. Signed by Senior Judge Frank R Zapata on 2/4/2019. (KEP) (Entered: 02/04/2019) |
| 02/05/2019 | 13 | ORDER this case is referred to Magistrate Judge Lynette C. Kimminsfor all pretrial proceedings and report and recommendation. All future filings in this case shall be designated: CV-19-00035-TUC-RM (LCK). Signed by Judge Rosemary Marquez on 2/5/2019. (KEP) (Entered: 02/05/2019) |
| 02/13/2019 | 14 | NOTICE of Appearance by Kathryn H King on behalf of Arizona, State of, Gilbert Davidson, Paul Shannon. (King, Kathryn) (Entered: 02/13/2019) |
| 02/13/2019 | 15 | First MOTION for Extension of Time to File Answer by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 02/13/2019) |
| 02/13/2019 | 16 | STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Arizona Board of Regents, Arizona, State of, Gilbert Davidson, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman. (Attachments: # 1 Text of Proposed Order)(Eckstein, Paul) (Entered: 02/13/2019) |
| 02/14/2019 | 17 | ORDERED that Defendants’ requests for extension of time to respond to the Complaint (Docs. 15, 16) are GRANTED. No further extensions will be allowed. IT IS FURTHER ORDERED that all Defendants shall respond to the Complaint on or before 3/18/19. Signed by Magistrate Judge Lynnette C Kimmins on 2/14/19. (CKS) (Entered: 02/14/2019) |
| 02/14/2019 | 18 | NOTICE of Appearance by Paul F Eckstein on behalf of Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 02/14/2019) |
| 02/20/2019 | 19 | Joint MOTION for Leave to File To File Redacted Exhibit G to Complaint by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Brizgys, Molly) (Entered: 02/20/2019) |
| 02/20/2019 | 20 | ORDER that the Stipulation (Doc. 19 ) is GRANTED. The Clerk of Court shall SEAL Doc. 1 -3. It is further Ordered that, on or before 3/1/2019, Plaintiff shall file a redacted version of Exhibits B-G (filed as Document 1 -3 on the current docket). Signed by Magistrate Judge Lynnette C Kimmins on 2/20/2019. (MFR) (Entered: 02/20/2019) |
| 02/21/2019 | 21 | Additional Attachments to Main Document re: 1 Complaint Redacted Version of Exhibits B-G by Plaintiff Russell B Toomey. (Macre, Heather) (Entered: 02/21/2019) |
| 03/18/2019 | 23 | ANSWER to 1 Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Eckstein, Paul) (Entered: 03/18/2019) |
| 03/18/2019 | 24 | MOTION to Dismiss re: 1 Complaint by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Exhibit)(King, Kathryn) (Entered: 03/18/2019) |
| 03/28/2019 | 25 | MOTION for Extension of Time to File Response/Reply by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Macre, Heather) (Entered: 03/28/2019) |
| 03/29/2019 | 26 | NOTICE re: of Non-Opposition by Arizona, State of, Gilbert Davidson, Paul Shannon re: 25 MOTION for Extension of Time to File Response/Reply . (King, Kathryn) (Entered: 03/29/2019) |
| 03/29/2019 | 27 | ORDERED that Plaintiffs’ Motion for Extension of Time 25 is GRANTED. Plaintiffs shall respond to the motion to dismiss on or before 5/1/19. Signed by Magistrate Judge Lynnette C Kimmins on 3/29/19. (CKS) (Entered: 03/29/2019) |
| 04/05/2019 | 28 | MOTION to Certify Class by Russell B Toomey. (Attachments: # 1 Exhibits 1-4, # 2 Declaration of Russell Toomey, # 3 Declaration of James Burr Shields, # 4 Declaration of Kathleen E. Brody, # 5 Declaration of Joshua A. Block, # 6 Text of Proposed Order)(Brizgys, Molly) (Entered: 04/05/2019) |
| 04/05/2019 | 29 | Joint MOTION for Extension of Time of Initial Disclosure Deadline by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Attachments: # 1 Text of Proposed Order)(Eckstein, Paul) (Entered: 04/05/2019) |
| 04/05/2019 | 30 | NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman . (Attachments: # 1 Exhibit Redline of First Amended Answer)(Eckstein, Paul) (Entered: 04/05/2019) |
| 04/05/2019 | 31 | First Amended ANSWER to 1 Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Eckstein, Paul) (Entered: 04/05/2019) |
| 04/05/2019 | 32 | ORDERED that the Joint Motion for Extension of Initial Disclosure Deadline 29 is DENIED. Signed by Magistrate Judge Lynnette C Kimmins on 4/5/19. (CKS) (Entered: 04/05/2019) |
| 04/17/2019 | 33 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Russell B Toomey. (Macre, Heather) (Entered: 04/17/2019) |
| 04/17/2019 | 34 | NOTICE re: Service of Initial Discovery Statement by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman . (Eckstein, Paul) (Entered: 04/17/2019) |
| 04/18/2019 | 35 | ORDERED that 1. This case is reassigned by random lot to the Honorable Leslie A. Bowman. 2. Counsel and the parties shall designate all further filings in this case as: CV-19-0035-TUC-RM (LAB). Signed by Magistrate Judge Lynnette C Kimmins on 4/18/19. (CKS) (Entered: 04/18/2019) |
| 04/18/2019 | 36 | Joint MOTION to Stay Briefing on Plaintiff’s Motion for Class Certification Pending Ruling on Defendants’ Motion to Dismiss by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(Burns, Catherine) (Entered: 04/18/2019) |
| 04/22/2019 | 37 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (First Supplemental) filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 04/22/2019) |
| 04/23/2019 | 38 | ORDER granting 36 Joint Motion and staying the briefing of the Motion for Class Certification until after the Court has ruled on Defendants Motion to Dismiss (Doc. 24). In the event the Court denies the Motion to Dismiss, the parties will file with the Court a joint proposed discovery and briefing schedule with respect to Plaintiff’s Motion for Class Certification no later than ten (10) calendar days following the Court’s ruling on the Motion to Dismiss. Signed by Magistrate Judge Leslie A Bowman on 4/22/2019. (KEP) (Entered: 04/23/2019) |
| 05/01/2019 | 39 | RESPONSE to Motion re: 24 MOTION to Dismiss re: 1 Complaint Plaintiff’s Response to Defendants State of Arizona, Davidson and Shannon’s Motion to Dismiss Complaintfiled by Russell B Toomey. (Macre, Heather) (Entered: 05/01/2019) |
| 05/16/2019 | 40 | REPLY to Response to Motion re: 24 MOTION to Dismiss re: 1 Complaint filed by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Exhibit)(King, Kathryn) (Entered: 05/16/2019) |
| 05/29/2019 | 41 | MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) by Arizona, State of, Gilbert Davidson, Paul Shannon. (Attachments: # 1 Text of Proposed Order)(Burns, Catherine) (Entered: 05/29/2019) |
| 05/29/2019 | 42 | NOTICE of Service of Discovery filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 05/29/2019) |
| 06/10/2019 | 43 | RESPONSE in Opposition re: 41 MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) filed by Russell B Toomey. (Brizgys, Molly) (Entered: 06/10/2019) |
| 06/17/2019 | 44 | REPLY to Response to Motion re: 41 MOTION to Stay Proceedings Pending U.S. Supreme Court Decision in R.G. & G.R. Harris Funeral Homes v. E.E.O.C., 2019 WL 1756679 (2019) filed by Arizona, State of, Gilbert Davidson, Paul Shannon. (Burns, Catherine) (Entered: 06/17/2019) |
| 06/18/2019 | 45 | NOTICE re: Notice of Supplemental Authority by Russell B Toomey re: 43 Response in Opposition to Motion, 39 Response to Motion Plaintiff’s Notice of Supplemental Authority in Support of Response to Motion to Dismiss and Response to Motion to Stay Filed by Defendants State of Arizona, Gilbert Davidson and Paul Shannon (DE ##39, 43). (Macre, Heather) (Entered: 06/18/2019) |
| 06/24/2019 | 46 | REPORT AND RECOMMENDATION: The Magistrate Judge recommends the District Court, after its independent review of the record, enter an order GRANTING IN PART the motion to dismiss pursuant to Fed.R.Civ.P 12(b)(1) and 12(b)(6), filed on March 18, 2019, by the State of Arizona, Gilbert Davidson, and Paul Shannon. (Doc. 24 ) The Title VII claim should be dismissed. The remainder of the motion should be denied. Signed by Magistrate Judge Leslie A Bowman on 6/24/2019. (See attached PDF for details) (KEP) (Entered: 06/24/2019) |
| 06/26/2019 | 47 | MOTION to Substitute Party: substituting Andy Tobin in place of Gilbert Davidson by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Macre, Heather) (Entered: 06/26/2019) |
| 07/01/2019 | 48 | ORDER granting 47 Stipulated Motion to Substitute Party. Ordered that Andy Tobin is substituted as the Director of the Arizona Department of Administration in this action in place and instead of Gilbert Davidson. Signed by Magistrate Judge Leslie A Bowman on 6/28/2019. (BAR) (Entered: 07/01/2019) |
| 07/02/2019 | 49 | OBJECTION to 46 Report and Recommendation filed by Russell B Toomey. (Macre, Heather) (Entered: 07/02/2019) |
| 07/02/2019 | 50 | RESPONSE re: 45 Notice (Other) of Supplemental Authority by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/02/2019) |
| 07/03/2019 | 51 | OBJECTION to 46 Report and Recommendation filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson. (Eckstein, Paul) (Entered: 07/03/2019) |
| 07/08/2019 | 52 | OBJECTION to 46 Report and Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/08/2019) |
| 07/09/2019 | 53 | NOTICE of Service of Discovery filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 07/09/2019) |
| 07/11/2019 | 54 | Joint MOTION for Extension of Time to File Response/Reply as to 49 Objection to Report and Recommendations by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 07/11/2019) |
| 07/15/2019 | 55 | ORDERED granting the 54 Motion for Extension of Time to File a Response to Plaintiff’s Objection to 46 REPORT AND RECOMMENDATION. Defendants State of Arizona, Andy Tobin, and Paul Shannon shall respond by July 24, 2019. Signed by Magistrate Judge Leslie A Bowman on 7/12/2019. (BAR) (Entered: 07/15/2019) |
| 07/16/2019 | 56 | REPLY TO OBJECTION to 46 Report and Recommendation Response to ABORs Objection to Report and Recommendation Doc. 51 filed by Russell B Toomey. (Macre, Heather) (Entered: 07/16/2019) |
| 07/16/2019 | 57 | REPLY TO OBJECTION to 46 Report and Recommendation Response to States Objection to Report and Recommendation Doc. 46 filed by Russell B Toomey. (Macre, Heather) (Entered: 07/16/2019) |
| 07/16/2019 | 58 | NOTICE of Appearance by Martin Lieberman on behalf of Russell B Toomey. (Lieberman, Martin) (Entered: 07/16/2019) |
| 07/16/2019 | 59 | NOTICE of Attorney Withdrawal Kathleen E. Brody filed by Martin Lieberman. (Lieberman, Martin) (Entered: 07/16/2019) |
| 07/24/2019 | 60 | REPLY TO OBJECTION to 46 Report and Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Burns, Catherine) (Entered: 07/24/2019) |
| 08/05/2019 | 61 | ORDER: IT IS ORDERED that oral argument on the 24 Motion to Dismiss and Objections (Docs. 49 , 51 , 52 ) to the 46Report and Recommendation is scheduled for 9/16/19 at 1:30 p.m., before Judge Rosemary Marquez. Signed by Judge Rosemary Marquez on 8/2/19.(BAC) (Entered: 08/05/2019) |
| 08/14/2019 | 62 | MOTION to Reschedule Oral Argument Date on State Defendants’ Motion to Dismiss and Objections to the Magistrate Judge’s Report and Recommendation by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 08/14/2019) |
| 08/15/2019 | 63 | ORDER granting 62 Motion to Reschedule Oral Argument. Oral Argument, currently set for September 16, 2019, is vacated and reset for October 3, 2019 at 2:00 p.m. Signed by Judge Rosemary Marquez on 8/14/2019. (KEP) (Entered: 08/15/2019) |
| 09/18/2019 | 64 | Due to a conflict in the Court’s calendar, IT IS ORDERED the hearing on the 24 Motion to Dismiss, 46 Report and Recommendation, and 49 51 52 Objections, presently set for 10/3/2019 at 2:00 PM, is VACATED and RESET. Motion Hearing set for 10/2/2019 at 01:30 PM in Courtroom 5A, 405 West Congress Street, Tucson, AZ 85701 before Judge Rosemary Marquez. Ordered by Judge Rosemary Marquez. (RM, kc)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 09/18/2019) |
| 10/02/2019 | 65 |
MINUTE ENTRY for motion hearing held before Judge Rosemary Marquez: Oral argument heard on 10/2/2019 as to Defendant(s) Motion to Dismiss and on the objections to the Report and Recommendation (Docs. 49, 51, 52). It is Ordered taking under advisement 24 Motion to Dismiss ; taking under advisement the 46 Report and Recommendation and objections thereto. APPEARANCES: Joshua Block, Molly Brizgys and Heather Macre for Plaintiff. Kathryn King for Defendants State of Arizona, Andy Tobin and Paul Shannon. Austin Yost for Defendant Arizona Board of Regents. (Court Reporter Tracy Jamieson.) Hearing held 1:47 p.m. to 3:18 p.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CJS) (Entered: 10/02/2019) |
| 10/22/2019 | 66 | ORDERED that the motion to stay further proceedings pending the Supreme Court’s ruling in R.G. & G.R. Harris Funeral Homes. v. E.E.O.C., filed on May 29, 2019, is DENIED. (Doc. 41 ) REVIEW ORDER FOR DETAILS. Signed by Magistrate Judge Leslie A Bowman on 10/21/2019. (MCO) (Entered: 10/22/2019) |
| 12/04/2019 | 67 | *NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) *Modified to terminate attorney Lieberman on 12/11/2019 (MFR). (Entered: 12/04/2019) |
| 12/12/2019 | 68 | *NOTICE of Attorney Withdrawal Sarah O’Keefe filed by Catherine Christine Burns. (Burns, Catherine) *Modified to terminate attorney Sarah O’Keefe on 12/13/2019 (KEP). (Entered: 12/12/2019) |
| 12/23/2019 | 69 | ORDER Plaintiff’s Objection to the Report and Recommendation (Doc. 49 ) is granted. Defendants State of Arizona, Andy Tobin, and Paul Shannon’s Objection (Doc. 52 ) is overruled. Defendants Arizona Board of Regents, Ron Shoopman, Larry Penley, Ram Krishna, Bill Ridenour, Lyndel Manson, Karrin Taylor Robson, Jay Heiler, and Fred DuVal’s Objection (Doc. 51 ) is overruled as moot. The Report and Recommendation (Doc. 46 ) is adopted in part, rejected in part, and modified in part. Defendants State of Arizona, Andy Tobin, and Paul Shannons Motion to Dismiss (Doc. 24 ) is denied. Signed by Judge Rosemary Marquez on 12/20/2019. (KEP) (Entered: 12/23/2019) |
| 12/30/2019 | 70 | NOTICE of Appearance by Alison Pulaski Carter on behalf of Arizona, State of, Paul Shannon, Andy Tobin. (Carter, Alison) (Entered: 12/30/2019) |
| 01/02/2020 | 71 | Joint MOTION for Extension of Time for the Parties to Submit a Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff’s Motion for Class Certification by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 01/02/2020) |
| 01/06/2020 | 72 | ANSWER to 1 Complaint by Arizona, State of, Paul Shannon, Andy Tobin.(Burns, Catherine) (Entered: 01/06/2020) |
| 01/10/2020 | 73 | ORDER granting 71 Joint Motion and extending the deadline for the parties to submit the joint proposed discovery and briefing schedule with respect to Plaintiff’s Motion for Class Certification to January 17, 2020. Signed by Magistrate Judge Leslie A Bowman on 1/10/2020. (KEP) (Entered: 01/10/2020) |
| 01/14/2020 | 74 | Second MOTION for Extension of Time for the Parties to Submit a Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff’s Motion for Class Certification by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(King, Kathryn) (Entered: 01/14/2020) |
| 01/15/2020 | 75 | NOTICE of Appearance by Christine Keeyeh Wee on behalf of Russell B Toomey. (Wee, Christine) (Entered: 01/15/2020) |
| 01/17/2020 | 76 | *MOTION to Withdraw as Attorney re: Notice of Withdrawal As Counsel With Consent by Russell B Toomey . (Shields, James) *Modified to correct event type on 1/21/2020 (KEP). (Entered: 01/17/2020) |
| 01/17/2020 | 77 | Additional Attachments to Main Document re: 76 Notice (Other) by Plaintiff Russell B Toomey. (Shields, James) (Entered: 01/17/2020) |
| 01/17/2020 | 78 | NOTICE of Attorney Withdrawal Molly Brizgys filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020) |
| 01/23/2020 | 79 | ORDER granting 74 Joint Motion and extending the deadline for the parties to submit the joint proposed discovery and briefing schedule with respect to Plaintiff’s Motion for Class Certification to January 31, 2020. Signed by Magistrate Judge Leslie A Bowman on 01/22/20. (MYE) (Entered: 01/23/2020) |
| 01/31/2020 | 80 | MEMORANDUM Joint Proposed Discovery and Briefing Schedule with Respect to Plaintiff’s Motion for Class Certification 79 Order on Motion for Extension of Time by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 01/31/2020) |
| 02/05/2020 | 81 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (King, Kathryn) (Entered: 02/05/2020) |
| 02/06/2020 | 82 | ORDERED that the plaintiff shall file, by March 6, 2020, a notice to the Clerk withdrawing his pending motion for class certification (Doc. 28 ) and a superseding motion for class certification. The superseding motion shall stand alone and shall not reference or incorporate any argument, exhibit, or attachment from the original motion. Signed by Magistrate Judge Leslie A Bowman on 2/5/2020. (See Order for complete details) (ARC) (Entered: 02/06/2020) |
| 02/20/2020 | 83 | *MOTION to Withdraw as Attorney- NOTICE re: Amended Withdrawal by Russell B Toomey re: 76 MOTION to Withdraw as Attorney . (Attachments: # 1 Text of Proposed Order)(Shields, James) *Modified to add motion type on 2/21/2020 (MYE). (Entered: 02/20/2020) |
| 02/27/2020 | 84 | ORDERED that the Motion to Withdraw 83 is GRANTED in PART. James Burr Shields and Heather A. Macre are withdrawn as attorneys for the plaintiff, Russell B. Toomey. Signed by Magistrate Judge Leslie A Bowman on 02/27/20. (MYE) (Entered: 02/27/2020) |
| 03/02/2020 | 85 | NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Russell B Toomey . (Attachments: # 1 Exhibit Exhibit 1 – Amended Complaint with redline)(Wee, Christine) (Entered: 03/02/2020) |
| 03/02/2020 | 86 | AMENDED COMPLAINT against Arizona Board of Regents, Arizona, State of, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman, Andy Tobin filed by Russell B Toomey. (Attachments: # 1 Exhibit Exhibit A to Amended Complaint, # 2 Exhibit Exhibit B to Amended Complaint, # 3 Exhibit Exhibit C to Amended Complaint, # 4 Exhibit Exhibit D to Amended Complaint, # 5Exhibit Exhibit E to Amended Complaint, # 6 Exhibit Exhibit F to Amended Complaint, # 7 Exhibit Exhibit G to Amended Complaint)(Wee, Christine) (Entered: 03/02/2020) |
| 03/05/2020 | Remark: Pro hac vice motion(s) granted for Wesley R Powell and Matthew Stephen Freimuth on behalf of Plaintiff Russell B Toomey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/05/2020) | |
| 03/06/2020 | 87 | *WITHDRAWAL OF DOCUMENT re: 28 MOTION to Certify Class- Plaintiffs’ Notice of Withdrawal of Motion for Class Certification by Russell B Toomey, 82 Order . (Wee, Christine) *Modified to correct event type on 3/10/2020 (MYE). (Entered: 03/06/2020) |
| 03/06/2020 | 88 | MOTION to Certify Class by Russell B Toomey. (Attachments: # 1 Index and Exhibits A-D, # 2 Text of Proposed Order)(Wee, Christine) (Entered: 03/06/2020) |
| 03/10/2020 | 89 | ANSWER to 86 Amended Complaint by Arizona, State of, Paul Shannon, Andy Tobin.(Burns, Catherine) (Entered: 03/10/2020) |
| 03/10/2020 | 90 | EX PARTE MOTION to Withdraw as Attorney by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Consent to Withdrawal of Counsel, # 2 Text of Proposed Order Proposed Order)(King, Kathryn) (Entered: 03/10/2020) |
| 03/16/2020 | 91 | Defendants’ ANSWER to 86 Amended Complaint by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman.(Yost, Austin) (Entered: 03/16/2020) |
| 03/16/2020 | 92 | NOTICE TO FILER OF DEFICIENCY re: 91 Answer to Amended Complaint filed by Bill Ridenour, Karrin Taylor Robson, Jay Heiler, Fred Duval, Ram Krishna, Arizona Board of Regents, Larry Penley, Lyndel Manson, Ron Shoopman. Document not in compliance with LRCiv 5.5(g) – Documents signed by an attorney shall be filed using that attorney’s ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Paul F Eckstein but submitted using the log-in and password belonging to attorney Austin Yost. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 03/17/2020) |
| 03/25/2020 | 93 | *MOTION to Substitute Attorney by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order Proposed Order)(Prynkiewicz, Peter) *Modified to correct motion type on 3/26/2020 (MYE). (Entered: 03/25/2020) |
| 03/26/2020 | 94 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 03/26/2020) |
| 03/26/2020 | 95 | ORDERED granting 93 Motion to Substitute Attorney. Shawn Oller and Peter C. Prynkiewicz of Littler Mendelson are substituted as counsel of record for Defendants State of Arizona, Andy Tobin, and Paul Shannon in place of C. Christine Burns, Kathryn Hackett King, and Alison Pulaski Carter of BurnsBarton PLC. IT IS FURTHER ORDERED that the previously filed motion to withdraw is Denied as Moot. 90 Signed by Magistrate Judge Leslie A Bowman on 03/26/20. (MYE) (Entered: 03/26/2020) |
| 03/31/2020 | 96 | STIPULATION re: 88 MOTION to Certify Class by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order Proposed Order)(Prynkiewicz, Peter) (Entered: 03/31/2020) |
| 03/31/2020 | 97 | ORDER granting 96 Stipulation for Extension of Time to Respond re: 88MOTION to Certify Class. Defendants State of Arizona, Andy Tobin, and Paul Shannon shall have until April 20, 2020 to respond to Plaintiff’s Superseding Motion for Class Certification. Signed by Magistrate Judge Leslie A Bowman on 03/31/20. (MYE) (Entered: 03/31/2020) |
| 04/17/2020 | 98 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Fourth Supplemental Disclosure Statement) filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 04/17/2020) |
| 04/20/2020 | 99 | RESPONSE to Motion re: 88 MOTION to Certify Class filed by Paul Shannon, Andy Tobin. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prynkiewicz, Peter) (Entered: 04/20/2020) |
| 04/20/2020 | 100 | RESPONSE to Motion re: 88 MOTION to Certify Class filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 04/20/2020) |
| 04/29/2020 | 101 | Consent MOTION for Extension of Time to File Plaintiff’s Reply to Defendants State of Arizona, Andy Tobin, and Paul Shannons Opposition to Plaintiffs Motion for Class Certification by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 04/29/2020) |
| 04/29/2020 | 102 | FILED at (Doc. 104 )-LODGED Proposed Plaintiff’s Reply to Defendants State of Arizona, Andy Tobin, and Paul Shannons Opposition to Plaintiffs Motion for Class Certification re: 101 Consent MOTION for Extension of Time to File Plaintiff’s Reply to Defendants State of Arizona, Andy Tobin, and Paul Shannons Opposition to Plaintiffs Motion for Class Certification. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Russell B Toomey. (Attachments: # 1 Exhibit A)(Wee, Christine) Modified on 5/1/2020 (MYE). (Entered: 04/29/2020) |
| 04/29/2020 | 104 | REPLY to Response to Motion re: 88 MOTION to Certify Class filed by Russell B Toomey. (Wee, Christine) (Attachments: # 1 Exhibit A)(MYE) (Entered: 05/01/2020) |
| 05/01/2020 | 103 | ORDERED that the Motion for Extension of Time to File is Granted. (Doc. 101 ) Plaintiff’s Reply and Supplemental Declaration to Defendants State of Arizona, Andy Tobin, and Paul Shannon’s Opposition to Plaintiff’s Motion for Class Certification (Dkt. No. 99) is hereby deemed filed on April 29, 2020. Signed by Magistrate Judge Leslie A Bowman on 04/30/20. (MYE) (Entered: 05/01/2020) |
| 05/12/2020 | 105 | REPORT AND RECOMMENDATION: The Magistrate Judge recommends the District Court, after its independent review of the record, enter an order GRANTING the plaintiff’s pending motion to certify this case as a class action pursuant to Fed.R.Civ.P 23(b)(2) and appoint his counsel as class counsel under Rule 23 (g). (Doc. 88 ) Pursuant to 28 U.S.C. §636 (b), any party may serve and file written objections within 14 days of being served with a copy of this report and recommendation. If objections are not timely filed, the party’s right to de novo review may be waived. The Local Rules permit the filing of a response to an objection. They do not permit the filing of a reply to a response without the permission of the District Court. Signed by Magistrate Judge Leslie A Bowman on 5/12/20. (MYE) Modified document type on 5/13/2020(BJWI). (Entered: 05/12/2020) |
| 06/05/2020 | 106 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 06/05/2020) |
| 06/10/2020 | 107 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) ABOR, et al.’s Fifth Supplemental Discovery Disclosure filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 06/10/2020) |
| 06/15/2020 | 108 | ORDERED that the Report and Recommendation (Doc. 105 ) is accepted and adopted in full. IT IS FURTHER ORDERED that Plaintiff’s Motion to Certify Class (Doc. 88 ) is granted. Signed by Judge Rosemary Marquez on 6/15/20. (MYE) (Entered: 06/15/2020) |
| 07/01/2020 | 109 | ORDERED that the parties shall file, by July 15, 2020, a joint report on the status of this action including, if appropriate, proposed deadlines for amending the pleadings, lay witness disclosure, expert witness disclosure, discovery completion, the filing of dispositive motions, and the lodging of a proposed pretrial order. Signed by Magistrate Judge Leslie A Bowman on 7/1/20. (MYE) (Entered: 07/01/2020) |
| 07/15/2020 | 110 | STATUS REPORT Joint Status Report and Proposed Schedule by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 07/15/2020) |
| 07/15/2020 | 111 | NOTICE of Service of Discovery filed by Arizona Board of Regents, Arizona, State of, Gilbert Davidson, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman, Andy Tobin. (Eckstein, Paul) (Entered: 07/15/2020) |
| 07/15/2020 | 112 | NOTICE of Service of Discovery filed by Arizona Board of Regents, Arizona, State of, Gilbert Davidson, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman, Andy Tobin. (Eckstein, Paul) (Entered: 07/15/2020) |
| 08/11/2020 | 113 | MOTION to Transfer Related Case by Susan Doe, Janice Hennessy-Waller. (Attachments: # 1 Text of Proposed Order) (Associated Cases: CV-20-00335-TUC-SHR,CV-19-0035-TUC-RM(LAB)) (Barr, Daniel) (Entered: 08/11/2020) |
| 08/14/2020 | 114 | ORDER A video Scheduling Conference is set for 9/18/2020 at 10:30 AM before Magistrate Judge Leslie A Bowman. The parties are directed to Rule 16 of the Federal Rules of Civil Procedure for the objectives of this conference. Parties are directed to confer at least 14 days prior to the conference, in accordance with Rule 26(f), Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Counsel shall file with the Court, not less than seven calendar days before the Scheduling Conference, a joint report reflecting the results of their discussion. Signed by Magistrate Judge Leslie A Bowman on 8/13/20. (MYE) (Entered: 08/14/2020) |
| 09/01/2020 | 115 | MOTION for Preliminary Injunction by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 09/01/2020) |
| 09/04/2020 | 116 | NOTICE of Appearance by Shannon Eileen Cohan on behalf of Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 09/04/2020) |
| 09/11/2020 | 117 | MOTION to Continue Scheduling Conference by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order to Continue Scheduling Conference)(Curtis, Ryan) (Entered: 09/11/2020) |
| 09/14/2020 | 118 | STIPULATION re: 115 MOTION for Preliminary Injunction to Extend Response Deadline by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order Order re: Stip to Extend Response Deadline)(Curtis, Ryan) (Entered: 09/14/2020) |
| 09/14/2020 | 119 | ORDERED that the Stipulation to Extend Response Deadline is GRANTED. (Doc. 118 ) “The deadline for Defendants’ Responses to Plaintiff’s Motion for Preliminary Injunction, currently September 15, 2020, shall be extended to September 25, 2020.” Id. Signed by Magistrate Judge Leslie A Bowman on 9/14/20. (MYE) (Entered: 09/14/2020) |
| 09/15/2020 | 120 | ORDERED that the motion to continue is GRANTED. (Doc. 117 ) The Scheduling Conference is reset for Friday, October 30, 2020 at 10:30 a.m. The conference will be telephonic. The parties shall file with the court, not less than seven calendar days before the Scheduling Conference, a joint report in compliance with the court’s August 14, 2020 order. Signed by Magistrate Judge Leslie A Bowman on 9/14/20. (MYE) (Entered: 09/15/2020) |
| 09/17/2020 | 121 | ORDERED Littler’s Application to Withdraw as Counsel is GRANTED. Peter C. Prynkiewicz, R. Shawn Oller, and Littler Mendelson are permitted to withdraw as counsel of record for Defendants. Signed by Magistrate Judge Leslie A Bowman on 9/16/20. (MYE) (Entered: 09/17/2020) |
| 09/25/2020 | 122 | RESPONSE to Motion re: 115 MOTION for Preliminary Injunction filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 09/25/2020) |
| 09/25/2020 | 123 | RESPONSE in Opposition re: 115 MOTION for Preliminary Injunction filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/25/2020) |
| 09/28/2020 | 124 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) and Responses to Plff’s 1st Set of Interrogatories filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/28/2020) |
| 09/29/2020 | 125 | NOTICE TO FILER OF DEFICIENCY re: 124 Notice of Service of Supplemental Mandatory Initial Discovery Responses filed by Andy Tobin, Paul Shannon, Arizona, State of. Document not in compliance with LRCiv 5.5(g) – Documents signed by an attorney shall be filed using that attorney’s ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Shannon Cohan but submitted using the log-in and password belonging to attorney Ryan Curtis. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 09/29/2020) |
| 10/01/2020 | 126 | REPLY to Response to Motion re: 115 MOTION for Preliminary Injunction filed by Russell B Toomey. (Wee, Christine) (Entered: 10/01/2020) |
| 10/14/2020 | Remark: Pro hac vice motion(s) granted for Nicholas MH Reddick on behalf of Plaintiff Russell B Toomey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/14/2020) | |
| 10/20/2020 | 127 | ORDERED that the motion to transfer filed on August 11, 2020 pursuant to LRCiv42.1 is DENIED. (Doc. 113 ); (CV 20-0335-TUC-SHR, Doc. 10) Signed by Magistrate Judge Leslie A Bowman on 10/19/20. (MYE) (Entered: 10/20/2020) |
| 10/23/2020 | 128 | SSTATUS REPORT Joint Status Report by Russell B Toomey. (Wee, Christine) (Entered: 10/23/2020) |
| 10/30/2020 | 129 |
MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A Bowman: Scheduling Conference held on 10/30/2020. The Court has received the parties’ Joint Status Report. Motion for Preliminary Injunction (Doc. 115 ) is fully briefed and will be ruled upon by Report and Recommendation. The Court defers to the parties’ judgement regarding the timing for a settlement conference. The parties may request a settlement conference prior to completion of discovery. The parties indicate that dates may be subject to change in light of challenges due to Covid 19. Formal Scheduling Order to follow.
APPEARANCES: Telephonic appearance by Joshua Block and Nicholas Reddick for Plaintiff. Telephonic appearance by Paul Eckstein and Austin Yost for Defendants Arizona Board of Regents and named individual regents. Ryan Curtis and Shannon Cohan for Defendants State of Arizona, Paul Shannon and Andy Tobin. (Recorded by COURTSMART.) Hearing held 10:48 AM to 11:03 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DPS) (Entered: 11/02/2020) |
| 11/02/2020 | 130 | SCHEDULING ORDER: Pursuant to Rule 16(a) of the Federal Rules of Civil Procedure, a Scheduling Conference was held before this Court on October 30, 2020. Discovery due by 5/3/2021. Dispositive motions due by 6/7/2021. Motions due by 11/30/2020. Joint Proposed Pretrial Order due by 7/5/2021. A joint letter to the Court concerning the Status of settlement discussions due by 5/3/2021. The trial date will be set at the Pretrial Conference. Signed by Magistrate Judge Leslie A Bowman on 11/2/2020. (See attached Order for complete details)(DLC) (Entered: 11/02/2020) |
| 11/04/2020 | 131 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Seventh Supplemental) filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 11/04/2020) |
| 11/13/2020 | 132 | *NOTICE of Appearance by Victoria Lopez on behalf of Russell B Toomey. (Lopez, Victoria) *Document filed in error, attorney re-filed correct PDF at Doc. 133 on 11/16/2020 (MYE). (Entered: 11/13/2020) |
| 11/16/2020 | 133 | NOTICE of Errata re: 132 Notice of Appearance/Association of Counsel by Plaintiff Russell B Toomey.. (Lopez, Victoria) (Entered: 11/16/2020) |
| 11/30/2020 | 134 | RREPORT AND RECOMMENDATION re: 115 MOTION for Preliminary Injunction: The Magistrate Judge recommends the District Court, after its independent review of the record, enter an order DENYING the plaintiff’s motion, filed on September 1, 2020, for a preliminary injunction pursuant to Fed.R.Civ.P 65(a). (Doc. 115) Pursuant to 28 U.S.C. §636 (b), any party may serve and file written objections within 14 days of being served with a copy of this report and recommendation. If objections are not timely filed, the party’s right to de novo review may be waived. The Local Rules permit the filing of a response to an objection. They do not permit the filing of a reply to a response without the permission of the District Court. Signed by Magistrate Judge Leslie A Bowman on 11/30/20. (MYE) (Entered: 11/30/2020) |
| 12/04/2020 | 135 | *OVERRULED by Doc. 162 – OBJECTION to 134 Report and Recommendation Plaintiff and the Classes’ Objections to Report & Recommendation filed by Russell B Toomey. (Wee, Christine) Modified on 2/26/2021 (MYE). (Entered: 12/04/2020) |
| 12/04/2020 | 136 | *MOTION to Expedite re: 135 Plaintiff and the Classes’ Objections to Report & Recommendation by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) *Modified to correct reference to related document on 12/7/2020 (MYE). (Entered: 12/04/2020) |
| 12/07/2020 | 137 | RESPONSE to Motion re: 136 MOTION to Expedite Plaintiff and the Classes’ Objections to Report & Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 12/07/2020) |
| 12/09/2020 | 138 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 12/09/2020) |
| 12/14/2020 | 139 | *OVERRULED by Doc. 162 – OBJECTION to 134 Report and Recommendation filed by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) Modified on 2/26/2021 (MYE). (Entered: 12/14/2020) |
| 12/17/2020 | 140 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 12/17/2020) |
| 12/17/2020 | 141 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 12/17/2020) |
| 12/17/2020 | 142 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 12/17/2020) |
| 12/17/2020 | 143 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 12/17/2020) |
| 12/18/2020 | 144 | REPLY TO OBJECTION to 134 Report and Recommendation Defs State of AZ, Tobin & Shannon’s Response to Plff’s & Classes’ Objections to Report & Recommendation filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 12/18/2020) |
| 12/21/2020 | 145 | *Witness List by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) *Modified to add (Arizona Board of Regents) on 12/22/2020 (MYE). (Entered: 12/21/2020) |
| 12/21/2020 | 146 | Witness List by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 12/21/2020) |
| 12/21/2020 | 147 | Witness List by Russell B Toomey. (Wee, Christine) (Entered: 12/21/2020) |
| 12/28/2020 | 148 | ORDERED that the Motion to Expedite Consideration of Plaintiff and the Classes’ Objections to Report and Recommendation (Doc. 136 ) is denied. Signed by Judge Rosemary Marquez on 12/28/20. (MYE) (Entered: 12/28/2020) |
| 12/29/2020 | 149 | AMENDED ORDER: IT IS ORDERED that the Motion to Expedite Consideration of Plaintiff and the Classes’ Objections to Report and Recommendation (Doc. 136 ) is denied. Signed by Judge Rosemary Marquez on 12/29/20. (MYE) (Entered: 12/29/2020) |
| 12/30/2020 | 150 | NOTICE of Service of Discovery filed by Arizona Board of Regents, Arizona, State of, Gilbert Davidson, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Paul Shannon, Ron Shoopman, Andy Tobin. (Eckstein, Paul) (Entered: 12/30/2020) |
| 01/07/2021 | 151 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) (to Plaintiff’s First Set of Requests for Production) filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Eckstein, Paul) (Entered: 01/07/2021) |
| 01/08/2021 | 152 | First MOTION for Extension of Time to Complete Discovery by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 01/08/2021) |
| 01/08/2021 | 153 | *NOTICE of Subpoena filed by Russell B Toomey. (Wee, Christine) *Modified to correct event type on 1/12/2021 (MFR). (Entered: 01/08/2021) |
| 01/08/2021 | 154 | *NOTICE of Subpoena filed by Russell B Toomey. (Wee, Christine) *Modified to correct event type on 1/12/2021 (MFR). (Entered: 01/08/2021) |
| 01/08/2021 | 155 | *NOTICE of Subpoena filed by Russell B Toomey. (Wee, Christine) *Modified to correct event type on 1/12/2021 (MFR). (Entered: 01/08/2021) |
| 01/11/2021 | 156 | ORDERED that the Joint Motion is GRANTED. (Doc. 152 ) The Scheduling Order dates are extended by 30 day as follows: All discovery, including answers to interrogatories, supplements to interrogatories and the filing of discovery motions, shall be completed by June 2, 2021; All dispositive motions shall be filed no later than July 7, 2021; and A joint letter to the Court concerning the status of settlement discussions (containing no specific settlement terms or offers) shall be submitted by June 2, 2021 and every two months thereafter; and A joint proposed pretrial order shall be lodged by August 4, 2021, or 30 days after resolution of dispositive motions (if any). Signed by Magistrate Judge Leslie A Bowman on 1/8/21. (MYE) (Entered: 01/11/2021) |
| 01/22/2021 | 157 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Second Amended filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 01/22/2021) |
| 01/22/2021 | 158 | NOTICE of Service of Discovery filed by Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 01/22/2021) |
| 01/29/2021 | 159 | NOTICE of Service of Discovery filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 01/29/2021) |
| 02/16/2021 | 160 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) dated February 13, 2021 filed by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 02/16/2021) |
| 02/17/2021 | 161 | NOTICE re: Notice of Subpoena by Russell B Toomey . (Wee, Christine) (Entered: 02/17/2021) |
| 02/26/2021 | 162 | ORDERED that the Report and Recommendation (Doc. 134 ) is adopted only to the extent it recommends denying the Motion for Preliminary Injunction on the grounds that Plaintiff has not met the heightened standard for obtaining mandatory preliminary injunctive relief, and is otherwise rejected. IT IS FURTHER ORDERED that the Motion for Preliminary Injunction (Doc. 115 ) is denied. IT IS FURTHER ORDERED that Plaintiff’s Objection (Doc. 135) is overruled. IT IS FURTHER ORDERED that the University Defendants’ Objection (Doc. 139) is overruled. Signed by Judge Rosemary Marquez on 2/26/21. (MYE) (Entered: 02/26/2021) |
| 03/03/2021 | 163 | NOTICE re: Notice of Service of Plaintiff’s Expert Disclosure Statement by Russell B Toomey re: 156 Order on Motion for Extension of Time to Complete Discovery . (Wee, Christine) (Entered: 03/03/2021) |
| 03/05/2021 | 164 | STIPULATION for Entry of Protective Order by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 03/05/2021) |
| 03/08/2021 | 165 | STIPULATED PROTECTIVE ORDER pursuant to 164 Stipulation: The parties have agreed to be bound by the terms of this Protective Order (“Order”) in this action to facilitate the document production and disclosure and protect the respective interests of the parties in their trade secrets, confidential, and/or highly personal information. This Order shall remain in effect unless modified pursuant to the terms contained in this Order. Signed by Magistrate Judge Leslie A Bowman on 3/5/21. (MYE) (Entered: 03/08/2021) |
| 03/15/2021 | 166 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 03/15/2021) |
| 03/15/2021 | 167 | NOTICE of Service of Discovery filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 03/15/2021) |
| 03/18/2021 | Remark: Pro hac vice motion(s) granted for Victoria A Sheets, Jordan C Wall on behalf of Plaintiff Russell B Toomey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/18/2021) | |
| 03/18/2021 | 168 | MOTION to Compel Production of Documents by Russell B Toomey. (Attachments: # 1 Plaintiff’s LRCIV Statement, # 2 Declaration of Christine K. Wee, # 3 Exhibits 1-12 to C. K. Wee’s Declaration, # 4 Text of Proposed Order)(Wee, Christine) (Entered: 03/18/2021) |
| 03/22/2021 | 169 | NOTICE of Service of Discovery filed by Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 03/22/2021) |
| 03/22/2021 | 170 | NOTICE of Deposition of Scott Bender, filed by Russell B Toomey. (Powell, Wesley) (Entered: 03/22/2021) |
| 03/22/2021 | 171 | NOTICE of Deposition of Marie Isaacson, filed by Russell B Toomey. (Powell, Wesley) (Entered: 03/22/2021) |
| 03/24/2021 | 172 | NOTICE re: Plaintiff’s Notice of Service of Expert Report and Declaration by Russell B Toomey . (Wee, Christine) (Entered: 03/24/2021) |
| 03/25/2021 | 173 | AMENDED NOTICE of Deposition of Scott Bender, filed by Russell B Toomey. (Powell, Wesley) (Entered: 03/25/2021) |
| 03/25/2021 | 174 | AMENDED NOTICE of Deposition of Marie Isaacson, filed by Russell B Toomey. (Powell, Wesley) (Entered: 03/25/2021) |
| 03/29/2021 | 175 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Third filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 03/29/2021) |
| 04/01/2021 | 176 | RESPONSE in Opposition re: 168 MOTION to Compel Production of Documents filed by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Affidavit Declaration of Ryan Curtis, # 2 Exhibit Exhibit 13, # 3 Exhibit Segment 1 of Exhibit 14, # 4 Exhibit Segment 2 of Exhibit 14, # 5 Exhibit Segment 3 of Exhibit 14, # 6 Exhibit Exhibit 15, # 7 Exhibit Exhibit 16, # 8 Affidavit Affidavit of Paul Shannon)(Curtis, Ryan) (Entered: 04/01/2021) |
| 04/06/2021 | 177 | NOTICE of Deposition of Elizabeth Schafer, filed by Russell B Toomey. (Powell, Wesley) (Entered: 04/06/2021) |
| 04/06/2021 | 178 | NOTICE of Deposition of Kelly Sharritts, filed by Russell B Toomey. (Powell, Wesley) (Entered: 04/06/2021) |
| 04/08/2021 | 179 | NOTICE re: Notice of Subpoena by Russell B Toomey . (Wee, Christine) (Entered: 04/08/2021) |
| 04/08/2021 | 180 | REPLY to Response to Motion re: 168 MOTION to Compel Production of Documents filed by Russell B Toomey. (Attachments: # 1 Declaration of Christine K. Wee in support of Plaintiff’s Motion to Compel, # 2 Exhibits 1-3 to Declaration of Christine K. Wee, # 3 Exhibits 4-6 to Declaration of Christine K. Wee, # 4 Exhibits 7-10 to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 04/08/2021) |
| 04/12/2021 | 181 | NOTICE re: Notice of Service of Discovery Responses by Arizona, State of, Paul Shannon, Andy Tobin . (Curtis, Ryan) (Entered: 04/12/2021) |
| 04/12/2021 | 182 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) to Plaintiff’s Second-Set of Interrogatories filed by Defendants Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson. (Eckstein, Paul) (Entered: 04/12/2021) |
| 04/12/2021 | 183 | NOTICE of Errata re: 168 MOTION to Compel Production of Documents , 180 Reply to Response to Motion by Plaintiff Russell B Toomey.. (Attachments: # 1 Exhibit 1 – Plaintiff’s Reply Brief (Corrected), # 2 Exhibit 2 – Supplemental Declaration of Jordan C. Wall (Corrected))(Wee, Christine) (Entered: 04/12/2021) |
| 04/14/2021 | 184 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 04/14/2021) |
| 04/14/2021 | 185 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 04/14/2021) |
| 04/14/2021 | 186 | NOTICE re: Plaintiff’s Notice of Service of Expert Report and Declaration by Russell B Toomey . (Wee, Christine) (Entered: 04/14/2021) |
| 04/20/2021 | 187 | ORDERED that the plaintiff’s motion, filed on March 18, 2021, to compel production of documents is GRANTED. (Doc. 168 ) The State of Arizona, Andy Tobin, and Paul Shannon (The State Defendants) shall “produce all the documents currently withheld [solely] on the basis of Deliberative Process Privilege and listed on their most recent privilege log.” See (Doc. 168-4, p. 2) The State Defendants shall comply with this order within 21 days of service. Signed by Magistrate Judge Leslie A Bowman on 4/20/21. (MYE) (Entered: 04/20/2021) |
| 04/27/2021 | 188 | NOTICE re: Notice of Subpoena by Arizona, State of, Paul Shannon, Andy Tobin . (Curtis, Ryan) (Entered: 04/27/2021) |
| 04/28/2021 | Remark: Pro hac vice motion(s) granted for Justin Garbacz on behalf of Plaintiff Russell B Toomey. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/28/2021) | |
| 04/30/2021 | 189 | NOTICE re: Amended Notice of Subpoena (Mercer) by Russell B Toomey . (Wee, Christine) (Entered: 04/30/2021) |
| 05/11/2021 | 190 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Fourth filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Cohan, Shannon) (Entered: 05/11/2021) |
| 05/11/2021 | 191 | Joint MOTION for Extension of Time to Complete Discovery (Second Request) by Russell B Toomey. (Attachments: # 1Text of Proposed Order)(Wee, Christine) (Entered: 05/11/2021) |
| 05/12/2021 | 192 | ORDERED that the Joint Motion (Doc. 191 ) is GRANTED. All discovery, including answers to interrogatories, supplements to interrogatories and the filing of discovery motions, shall be completed by July 16, 2021; All dispositive motions shall be filed no later than August 30, 2021; A joint letter to the Court concerning the status of settlement discussions (containing no specific settlement terms or offers) shall be submitted by July 16, 2021 and every two months thereafter; and a joint proposed pretrial order shall be lodged by September 24, 2021, or 30 days after resolution of dispositive motions (if any). Signed by Magistrate Judge Leslie A Bowman on 5/12/21. (MYE) (Entered: 05/12/2021) |
| 05/18/2021 | 193 | NOTICE re: Notice of Subpoena by Arizona, State of, Paul Shannon, Andy Tobin . (Curtis, Ryan) (Entered: 05/18/2021) |
| 05/20/2021 | 194 | NOTICE re: Subpoena to Produce by Arizona, State of, Paul Shannon, Andy Tobin . (Curtis, Ryan) (Entered: 05/20/2021) |
| 05/20/2021 | 195 | Second MOTION to Compel Production of Documents by Russell B Toomey. (Attachments: # 1 Plaintiff’s LRCIV Statement, # 2 Declaration of Christine K. Wee, # 3 Exhibits 1-13 to C. K. Wee’s Declaration, # 4 Text of Proposed Order)(Wee, Christine) (Entered: 05/20/2021) |
| 05/20/2021 | 196 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) Fifth Amended Responses filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 05/20/2021) |
| 05/24/2021 | 197 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 05/24/2021) |
| 05/27/2021 | 198 | NOTICE re: Second Amended Notice of Subpoena (Mercer) by Russell B Toomey . (Wee, Christine) (Entered: 05/27/2021) |
| 06/02/2021 | 199 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 06/02/2021) |
| 06/03/2021 | 200 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 06/03/2021) |
| 06/03/2021 | 201 | RESPONSE in Opposition re: 195 Second MOTION to Compel Production of Documents filed by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Affidavit Declaration of R. Curtis w- Exhibits)(Curtis, Ryan) (Entered: 06/03/2021) |
| 06/04/2021 | 202 | MOTION to Compel Production of Documents – Governor’s Office by Russell B Toomey. (Attachments: # 1 Plaintiff’s LRCIV Statement, # 2 Declaration of Christine K. Wee, # 3 Exhibits 1-13J to Declaration of Christine K. Wee, # 4 Text of Proposed Order)(Wee, Christine) (Entered: 06/04/2021) |
| 06/07/2021 | 203 | NOTICE of Service of Discovery filed by Russell B Toomey. (Wee, Christine) (Entered: 06/07/2021) |
| 06/09/2021 | 204 | NOTICE of Deposition of Christina Corieri, filed by Russell B Toomey. (Wee, Christine) (Entered: 06/09/2021) |
| 06/10/2021 | 205 | REPLY to Response to Motion re: 195 Second MOTION to Compel Production of Documents filed by Russell B Toomey. (Wee, Christine) (Entered: 06/10/2021) |
| 06/16/2021 | 206 | NOTICE of Deposition of Craig Brown, filed by Russell B Toomey. (Powell, Wesley) (Entered: 06/16/2021) |
| 06/16/2021 | 207 | NOTICE of Deposition of Paul Shannon, filed by Russell B Toomey. (Powell, Wesley) (Entered: 06/16/2021) |
| 06/18/2021 | 208 | RESPONSE to Motion re: 202 MOTION to Compel Production of Documents – Governor’s Office filed by The Office of Governor Douglas A. Ducey. (Attachments: # 1 Exhibit A)(Lamm, Betsy) (Entered: 06/18/2021) |
| 06/21/2021 | 209 | NOTICE re: Third Amended Notice of Subpoena (Mercer) by Russell B Toomey . (Wee, Christine) (Entered: 06/21/2021) |
| 06/25/2021 | 210 | REPLY to Response to Motion re: 202 MOTION to Compel Production of Documents – Governor’s Office filed by Russell B Toomey. (Attachments: # 1 Declaration of Christine K. Wee in support of Reply to Plaintiff’s Motion to Compel, # 2 Exhibits 1-4H to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 06/25/2021) |
| 06/25/2021 | 211 | MOTION to Seal Document Exhibit 1 to Declaration of Christine K. Wee (Doc. 210-2) by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 06/25/2021) |
| 06/25/2021 | 212 | FILED AT DOC. 228 –SEALED LODGED Proposed Exhibit 1 to Declaration of Christine K. Wee (Doc. 210-2)eek (Doc. re: 211 MOTION to Seal Document Exhibit 1 to Declaration of Christine K. Wee (Doc. 210-2). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Russell B Toomey. (Wee, Christine) Modified on 7/14/2021 (MFR). (Entered: 06/25/2021) |
| 06/28/2021 | 213 | ORDERED that the plaintiff’s motion, filed on May 20, 2021, to compel production of documents is GRANTED. (Doc. 195 ) The State of Arizona, Andy Tobin, and Paul Shannon (The State Defendants) shall “produce all the documents currently withheld on the basis of attorney-client privilege they received on the legality of the Exclusion….” The State Defendants shall comply with this order within 14 days of service. Signed by Magistrate Judge Leslie A Bowman on 6/28/21. (MYE) (Entered: 06/28/2021) |
| 06/29/2021 | 214 | STIPULATION re: 165 Order on Stipulation regarding the Effect of the Stipulated Protective Order of Non-Party Discovery by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 06/29/2021) |
| 06/30/2021 | 215 | ORDER: IT IS ORDERED that a hearing on the motion 202 will be held on Wednesday, July 28, 2021, at 11:00 a.m. at the Evo A. DeConcini United States Courthouse, Tucson, Arizona before Magistrate Judge Leslie A. Bowman. If a party intends to appear telephonically, that party should email chambers one week prior to the hearing to make arrangements. Signed by Magistrate Judge Leslie A Bowman on 6/29/21. (MYE) (Entered: 06/30/2021) |
| 07/01/2021 | 216 | NOTICE re: Notice of Subpoena, Rep. Regina E. Cobb by Russell B Toomey . (Wee, Christine) (Entered: 07/01/2021) |
| 07/01/2021 | 217 | NOTICE re: Notice of Subpoena, Sen. David M. Gowan by Russell B Toomey . (Wee, Christine) (Entered: 07/01/2021) |
| 07/01/2021 | 218 | ORDERED that the Stipulation is GRANTED. (Doc. 214 ) The attorneys of record for all the parties to the above-captioned action as well as the attorneys for Non-Party Cigna are notified that the terms of the Stipulated Protective Order (Doc. 165) apply to documentation produced by Non-Party Cigna in this action pursuant to Plaintiff’s Non-Party Subpoena. (Doc.154). Signed by Magistrate Judge Leslie A Bowman on 6/30/21. (MYE) (Entered: 07/01/2021) |
| 07/02/2021 | 219 | NOTICE re: Plaintiff’s Notice of Subpoena, Arizona Health Care Cost Containment System by Russell B Toomey . (Wee, Christine) (Entered: 07/02/2021) |
| 07/02/2021 | 220 | NOTICE re: Plaintiff’s Notice of Subpoena, U.S. Department of Veterans Affairs by Russell B Toomey . (Wee, Christine) (Entered: 07/02/2021) |
| 07/12/2021 | 221 | STIPULATION re: 215 Order Setting Hearing on Motion (Stipulation to Continue Oral Argument) by The Office of Governor Douglas A. Ducey. (Attachments: # 1 Text of Proposed Order)(Lamm, Betsy) (Entered: 07/12/2021) |
| 07/12/2021 | 222 | ORDER pursuant to 221 Stipulation : IT IS ORDERED that the hearing on the plaintiff’s motion, filed on June 4, 2021, to compel production of documents currently set for Wednesday, July 28, 2021, at 11:00 a.m. at the Evo A. Deconcini United States Courthouse, Tucson, Arizona before Magistrate Judge Leslie A. Bowman is continued until Wednesday, August 11, 2021, at 11:00 a.m. Parties may appear telephonically if they contact the court one week prior to the hearing. Signed by Magistrate Judge Leslie A Bowman on 7/12/21. (MYE) (Entered: 07/12/2021) |
| 07/12/2021 | 223 | APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Arizona, State of, Paul Shannon, Andy Tobin re: 213 Order on Motion to Compel. (Attachments: # 1 Affidavit ISO Defs’ Objections to Order Compelling Production, # 2 Exhibit Exhibits 1-8)(Curtis, Ryan) (Entered: 07/12/2021) |
| 07/12/2021 | 224 | MOTION to Seal Document 223 Appeal of Mag Judge Decision to Dist Court (Rule 72(a) Objection) by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Text of Proposed Order)(Curtis, Ryan) (Entered: 07/12/2021) |
| 07/12/2021 | 225 | FILED AT DOC. 230 –SEALED LODGED Proposed Exhibits 1 & 7 to Defs State of AZ et al’s Objection to Order re: 224 MOTION to Seal Document 223 Appeal of Mag Judge Decision to Dist Court (Rule 72(a) Objection) . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) Modified on 7/16/2021 (MFR). (Entered: 07/12/2021) |
| 07/14/2021 | 226 | REPORT of Settlement Talks/Discussions by Russell B Toomey. (Wee, Christine) (Entered: 07/14/2021) |
| 07/14/2021 | 227 | ORDER that the Plaintiffs Motion is granted. (Doc. 211 ) The Clerk is instructed to file under seal the lodged document, Doc. 212 . Signed by Magistrate Judge Leslie A Bowman on 7/13/2021. (MFR) (Entered: 07/14/2021) |
| 07/14/2021 | 228 | Sealed Document: Exhibit 1 to Declaration of Christine K. Wee re: 210 REPLY to Response to Motion re: 202 MOTION to Compel Production of Documents – Governor’s Office by Russell B Toomey. (MFR) (Entered: 07/14/2021) |
| 07/16/2021 | 229 | ORDER that Defendants’ Motion for Leave to File Exhibits Under Seal (Doc. 224 ) is granted. The Clerk of Court shall file under seal Exhibits 1 and 7 to the State Defendants Objections to Order Compelling Production (lodged at Doc. 225 ). Signed by Judge Rosemary Marquez on 7/15/2021. (MFR) (Entered: 07/16/2021) |
| 07/16/2021 | 230 | Sealed Document: Exhibits 1-7 re: 223 APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Arizona, State of, Paul Shannon, Andy Tobin. (MFR) (Entered: 07/16/2021) |
| 07/16/2021 | 231 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 07/16/2021) |
| 07/23/2021 | 232 | RESPONSE re: 213 Order on Motion to Compel, 223 Appeal of Mag Judge Decision to Dist Court (Rule 72(a) Objection) by Plaintiff Russell B Toomey. (Attachments: # 1 Declaration of Christine K. Wee in support of Plaintiff’s Response, # 2 Exhibits 1-5 to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 07/23/2021) |
| 08/09/2021 | 233 | Third MOTION for Extension of Time Joint Motion for Extension of Scheduling Order Dates (Doc. 192) by Russell B Toomey. (Attachments: # 1 Text of Proposed Order)(Wee, Christine) (Entered: 08/09/2021) |
| 08/10/2021 | 234 | ORDER GRANTING Joint 233 Motion to extend the Scheduling Order Dates. Dispositive motions due 11/12/2021; Joint Proposed Pretrial Order due 2/11/2022. Joint Letter re: Status due 10/20/2021 and every two months thereafter. Signed by Magistrate Judge Leslie A Bowman on 8/10/21. (BAC) (Entered: 08/10/2021) |
| 08/11/2021 | 235 | TRANSCRIPT REQUEST by Russell B Toomey for proceedings held on 8-11-21, Magistrate Judge Leslie A Bowman hearing judge(s). (Powell, Wesley) (Entered: 08/11/2021) |
| 08/11/2021 | 237 |
MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A Bowman: Motion Hearing held on 8/11/2021. Oral argument heard re: 202 Motion to Compel Production of Documents – Governor’s Office filed by Russell B Toomey. The Court takes the matter under advisement. Formal written order to follow.
APPEARANCES: Telephonic appearances by Jordan Wall (speaker), Joshua Block, Christine Wee, Wesley Powell, Victoria Sheets, and Justin Garbacz for Plaintiff. Telephonic appearances by Paul Eckstein, Austin Yost and Stephanie Rosenberg for Defendants Arizona Board of Regents and named individual regents. Telephonic appearance by Ryan Curtis for Defendant State of Arizona. Telephonic appearances by Daniel Dowd (speaker) and Betsy Lamm for Governor’s Office. (Recorded by COURTSMART.) Hearing held 11:00 AM to 12:03 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DPS) (Entered: 08/12/2021) |
| 08/12/2021 | 236 | TRANSCRIPT REQUEST by Daniel G. Dowd for proceedings held on 08/11/2021, Magistrate Judge Leslie A Bowman hearing judge(s). (NEC) (Entered: 08/12/2021) |
| 08/27/2021 | 238 | ORDERED that the plaintiff’s motion, filed on June 4, 2021, to compel production of documents is GRANTED. (Doc. 202) The Governor’s Office shall produce the 17 documents sought in that motion within 14 days of the date of this order. Signed by Magistrate Judge Leslie A Bowman on 8/27/21. (MYE) (Entered: 08/27/2021) |
| 09/10/2021 | 239 | APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by Office of Governor Douglas A. Ducey re: 238 Order on Motion to Compel. (Attachments: # 1 Exhibit A)(Lamm, Betsy) (Entered: 09/10/2021) |
| 09/17/2021 | 240 | RESPONSE re: 239 Appeal of Mag Judge Decision to Dist Court (Rule 72(a) Objection), 238 Order on Motion to Compel by Plaintiff Russell B Toomey. (Attachments: # 1Declaration of Christine K. Wee in support of Plaintiff’s Response, # 2 Exhibits 1-2 to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 09/17/2021) |
| 09/21/2021 | 241 | ORDERED that Defendant’s Appeal of the Order (Doc. 223 ) is denied. IT IS FURTHER ORDERED that Magistrate Judge Bowman’s Order (Doc. 213) granting Plaintiff’s Motion to Compel (Doc. 195) is affirmed. Within fourteen (14) days of the date of this Order, Defendants shall produce all documents related to Defendants’ decision-making regarding the exclusion of coverage for gender reassignment surgery as requested in Plaintiff’s Requests for Production One, Three, and Nine, including legal advice that may have informed that decision-making. Defendants need not produce documents that relate solely to their defense in the instant litigation. Signed by Judge Rosemary Marquez on 9/21/21. (MYE) (Entered: 09/21/2021) |
| 10/01/2021 | 242 | MOTION to Stay re: 238 Order on Motion to Compel by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order)(Curtis, Ryan) (Entered: 10/01/2021) |
| 10/04/2021 | 245 | USCA Case Number 21-71312, Ninth Circuit. (KAH) (Entered: 10/07/2021) |
| 10/05/2021 | 243 | RESPONSE in Opposition re: 242 MOTION to Stay re: 238 Order on Motion to Compel filed by Russell B Toomey. (Attachments: # 1 Declaration of Christine K. Wee in support of Plaintiff’s Opposition, # 2 Exhibits 1-8 to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 10/05/2021) |
| 10/06/2021 | 244 | MOTION to Enforce Court Order (Doc. 241) by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) (Entered: 10/06/2021) |
| 10/08/2021 | 246 | REPLY to Response to Motion re: 242 MOTION to Stay re: 238 Order on Motion to Compel filed by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Affidavit Declaration of Ryan Curtis, # 2 Exhibit Exhibits 1-3)(Curtis, Ryan) (Entered: 10/08/2021) |
| 10/08/2021 | 247 | ORDER the Court’s September 21, 2021 Order (Doc. 241 ) is temporarily stayed pending resolution of Defendants’ Motion to Stay Order (Doc. 242 ) and Plaintiff’s Motion to Enforce Court Order (Doc. 244 ). Signed by Judge Rosemary Marquez on 10/08/2021. (SCA) (Entered: 10/08/2021) |
| 10/11/2021 | 248 | RESPONSE in Opposition re: 244 MOTION to Enforce Court Order (Doc. 241) filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 10/11/2021) |
| 10/18/2021 | 249 | REPLY to Response to Motion re: 244 MOTION to Enforce Court Order (Doc. 241) filed by Russell B Toomey. (Wee, Christine) (Entered: 10/18/2021) |
| 10/20/2021 | 250 | REPORT of Settlement Talks/Discussions by Russell B Toomey. (Wee, Christine) (Entered: 10/20/2021) |
| 10/21/2021 | 251 | ORDER Defendants’ Motion to Stay Order (Doc. 242 ) is granted. The Order (Doc. 241 ) is stayed pending resolution of the Defendants’ Writ of Mandamus to the Ninth Circuit Court of Appeals (see Doc. 245 ). IT IS FURTHER ORDERED that Plaintiff’s Motion to Enforce Court Order (Doc. 244 ) is denied as moot. Signed by Judge Rosemary Marquez on 10/21/2021. (See attached Order for complete details) (DLC) (Entered: 10/21/2021) |
| 11/02/2021 | 252 | MOTION Joint Motion for Temporary Suspension of Scheduling Order Dates re: 234 Order on Motion for Extension of Time by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) (Entered: 11/02/2021) |
| 11/03/2021 | 253 | ORDERED that the Joint Motion for Temporary Suspension of Scheduling Order Dates (Doc. 252 ) is GRANTED IN PART. Signed by Magistrate Judge Leslie A Bowman on 11/2/21. (See attached Order for complete details.) (MYE) (Entered: 11/03/2021) |
| 12/02/2021 | 255 | MOTION to Substitute Party: substituting Cecilia Mata, Robert Herbold, and Jessica Pacheco in place of Ram Krishna, Karrin Taylor Robson, and Jay Heiler by Arizona Board of Regents, Fred Duval, Jay Heiler, Ram Krishna, Lyndel Manson, Larry Penley, Bill Ridenour, Karrin Taylor Robson, Ron Shoopman. (Attachments: # 1 Proposed Order Proposed Order)(Eckstein, Paul) (Entered: 12/02/2021) |
| 12/03/2021 | 256 | ORDERED that the Unopposed Motion to Substitute Parties is GRANTED (Doc. 255 ); IT IS FURTHER ORDERED that Defendants Ram Krishna, Karrin Taylor Robson, and Jay Heiler are terminated as Defendants in this case; IT IS FURTHER ORDERED that Cecilia Mata, Robert Herbold, and Jessica Pacheco are added as Defendants in this case; and IT IS FURTHER ORDERED that the case caption and the CM/ECF docket in this case be amended to reflect this substitution of parties. Signed by Magistrate Judge Leslie A Bowman on 12/2/21. (MYE) (Entered: 12/03/2021) |
| 12/20/2021 | 257 | REPORT of Settlement Talks/Discussions by Russell B Toomey. (Wee, Christine) (Entered: 12/20/2021) |
| 02/22/2022 | 258 | REPORT of Joint Letter to Court re Settlement re: 234 by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 02/22/2022) |
| 04/14/2022 | 260 | ORDER of USCA(Memorandum): PETITION FOR A WRIT OF MANDAMUS DENIED re: 21-71312 as to 245 . (See attached PDF for complete information).(BAC) (Entered: 04/20/2022) |
| 04/20/2022 | 259 | REPORT of Joint Letter to Court re Settlement re: 234 by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 04/20/2022) |
| 04/21/2022 | 261 | *MOTION for Reconsideration and Motion to Stay Order by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order)(Curtis, Ryan). *Modified to add motion to stay on 4/22/2022 (MYE). (Entered: 04/21/2022) |
| 04/26/2022 | 262 | ORDERED that Plaintiff shall file a Response to Defendants’ Motion for Reconsideration within fourteen (14) days of the date this Order is filed. Defendants shall file a Reply within seven (7) days of service of Plaintiff’s Response. Signed by Judge Rosemary Marquez on 4/25/22. (MYE) (Entered: 04/26/2022) |
| 05/09/2022 | 263 | ORDERED that the Governor’s Office Appeal of Magistrate Judge Bowman’s Order (Doc. 239 ) is denied. IT IS FURTHER ORDERED that Magistrate Judge Bowman’s Order (Doc. 238) granting Plaintiff’s Motion to Compel (Doc. 202) is affirmed. Within fourteen (14) days of the date of this Order, the Governor’s Office shall produce the 17 documents that are the subject of the Motion to Compel. Signed by Judge Rosemary Marquez on 5/6/22. (MYE) (Entered: 05/09/2022) |
| 05/09/2022 | 264 | RESPONSE in Opposition re: 261 MOTION for Reconsideration and Motion to Stay Order MOTION to Stay filed by Russell B Toomey. (Attachments: # 1 Declaration of Jordan Wall, # 2 Exhibit Exhibits A-D to Declaration of Jordan Wall, # 3 Proposed Order)(Wee, Christine) (Entered: 05/09/2022) |
| 05/11/2022 | 265 | NOTICE of Attorney Withdrawal Victoria Lopez for the Plaintiff filed by Victoria Lopez. (Lopez, Victoria) (Entered: 05/11/2022) |
| 05/16/2022 | 266 | REPLY to Response to Motion re: 261 MOTION for Reconsideration and Motion to Stay Order MOTION to Stay Reply in Support of Motion for Reconsideration & Motion to Stay Order filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 05/16/2022) |
| 05/17/2022 | 267 | Joint MOTION for Extension of Time Joint Motion for Extension of Temporary Suspension of Scheduling Order Dates by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) (Entered: 05/17/2022) |
| 05/18/2022 | 268 | ORDER granting 267 Joint Motion for Extension of the Temporary Suspension of Scheduling Order Dates. Except for bi-monthly joint letters to the Court regarding settlement discussions, all deadlines contemplated by the Court’s Amended Scheduling Order (Doc. 234) remain suspended. Signed by Magistrate Judge Leslie A Bowman on 5/18/22. (See attached Order for complete details.) (MYE) (Entered: 05/18/2022) |
| 05/25/2022 | 269 | ORDER: IT IS ORDERED that Defendants’ Motion for Reconsideration and Motion to Stay (Doc. 261 ) is partially taken under advisement and partially granted, as follows: The Motion to Stay (Doc. 261 ) is granted. The Court’s September 21, 2021 Order (Doc. 241 ) is stayed pending resolution of the Motion for Reconsideration. The Motion for Reconsideration (Doc. 261 ) is taken under advisement. Signed by Judge Rosemary Marquez on 05/25/2022. (See attached Order for complete information.) (SCA) (Entered: 05/25/2022) |
| 06/15/2022 | 270 | NOTICE of Deposition of Christina Corieri, filed by Russell B Toomey. (Powell, Wesley) (Entered: 06/15/2022) |
| 06/21/2022 | 271 | REPORT of Joint Letter to Court re Settlement re: 234 by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 06/21/2022) |
| 07/01/2022 | 272 | MINUTE ORDER: In-Court Hearing on the pending Motion for Reconsideration (Doc. 261) set for 7/15/2022 at 10:00 AM in Courtroom 5A, 405 West Congress Street, Tucson, AZ 85701 before Judge Rosemary Marquez. (RM, kh) (Entered: 07/01/2022) |
| 07/13/2022 | 273 | MOTION to Continue Oral Argument by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order Proposed Order Granting Joint Motion to Reschedule Oral Argument)(Curtis, Ryan) (Entered: 07/13/2022) |
| 07/14/2022 | 274 | ORDERED that the Joint Motion to Reschedule Oral Argument (Doc. 273 ) is granted. Oral argument on the State Defendants’ Motion for Reconsideration (Doc. 261), currently set for July 15, 2022, at 10:00 a.m., is vacated and reset for July 22, 2022, at 10:00 a.m. Signed by Judge Rosemary Marquez on 7/13/22. (MYE) (Entered: 07/14/2022) |
| 07/22/2022 | 277 |
*MINUTE ENTRY for Motion Hearing re: Defendants State of Arizona’s, Andy Tobin’s, and Paul Shannon’s Motion for Reconsideration and Motion to Stay Order (Doc. 261 ) held July 22, 2022, before Judge Rosemary Marquez.
The parties present argument to the Court. The Court takes the matter UNDER ADVISEMENT.
APPEARANCES: Victoria Sheets and Christine Wee for the Plaintiff: Russell B. Toomey. Ryan Curtis and Timothy Berg for the Defendants: State of Arizona, Paul Shannon, and Andy Tobin. Austin Yost (appearing telephonically) for the Defendants: Arizona Board of Regents, Ron Shoopman, Larry Penley, Bill Ridenour, Lyndel Manson, and Fred Duval. Court reporter: Cindy Shearman. Hearing held 10:02 a.m. to 10:27 a.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) *Modified file date from 7/27/2022 to 7/22/2022; NEF regenerated on 7/27/2022 (SCH). (Entered: 07/27/2022) |
| 07/26/2022 | 275 | TRANSCRIPT REQUEST by Arizona, State of, Paul Shannon, Andy Tobin for proceedings held on July 22, 2022, Judge Rosemary Marquez hearing judge(s). (Curtis, Ryan) (Entered: 07/26/2022) |
| 07/26/2022 | 276 | TRANSCRIPT REQUEST by Russell B Toomey for proceedings held on July 22, 2022, Judge Rosemary Marquez hearing judge(s). (Powell, Wesley) (Entered: 07/26/2022) |
| 07/27/2022 | 279 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION FOR RECONSIDERATION AND MOTION TO STAY ORDER proceedings held on 07/22/2022, before Judge ROSEMARY MARQUEZ. [Court Reporter: Cindy J. Shearman, RDR, CRR, CRC, Telephone number (520) 205-4286]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (RAP) (Entered: 08/11/2022) |
| 08/09/2022 | 278 | ORDERED that Defendants’ Motion for Reconsideration (Doc. 261 ) is granted. The Court’s September 21, 2021 Order (Doc. 241) affirming Magistrate Bowman’s Order (Doc. 213) and directing Defendants to produce the attorney-client privileged documents at issue is vacated. IT IS FURTHER ORDERED that the stay, as set forth in Doc. 251, is lifted. IT IS FURTHER ORDERED that Defendants shall be precluded from arguing that they held a good-faith subjective belief that their decision to maintain the exclusion for gender reassignment surgery was legal. Signed by Judge Rosemary Marquez on 8/8/22. (MYE) (Entered: 08/09/2022) |
| 08/22/2022 | 280 | REPORT of Joint Letter to Court re Settlement re: 234 by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 08/22/2022) |
| 08/23/2022 | 281 | STIPULATION Joint Stipulation re- Defs’ Motion for Clarification by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 08/23/2022) |
| 08/23/2022 | 282 | *Additional Attachments to Main Document re: Proposed Order re- Joint Stipulation by Arizona, State of, Paul Shannon, Andy Tobin re: 281 Stipulation . (Curtis, Ryan) *Modified to correct event type on 8/24/2022 (MYE). (Entered: 08/23/2022) |
| 08/23/2022 | 283 | MOTION Clarification by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Exhibit Ex1 Corieri Excerpt, # 2 Proposed Order Proposed Order re- Defs’ Motion for Clarification)(Curtis, Ryan) (Entered: 08/23/2022) |
| 08/25/2022 | 284 | Joint MOTION to Amend/Correct 268 Order on Motion for Extension of Time, by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) (Entered: 08/25/2022) |
| 08/25/2022 | 285 | ORDERED that the Joint Stipulation Regarding Defendants State of Arizona’s, Andy Tobin’s, and Paul Shannon’s Motion for Clarification (Doc. 281 ) is approved. State Defendants may include the evidence at issue in their dispositive motion briefing, pending resolution of their Motion for Clarification. Signed by Judge Rosemary Marquez on 8/25/22. (MYE) (Entered: 08/25/2022) |
| 08/26/202 | 286 | ORDERED that the Joint Motion 284 is GRANTED and the Court directs the following: All dispositive motions shall be filed no later than September 26, 2022. Signed by Magistrate Judge Leslie A Bowman on 8/26/22. (See attached Order for complete details.) (MYE) (Entered: 08/26/2022) |
| 09/06/2022 | 287 | RESPONSE to Motion re: 283 MOTION Clarification filed by Russell B Toomey. (Wee, Christine) (Entered: 09/06/2022) |
| 09/07/2022 | 288 | STIPULATION to Extend Page Limits for Dispositive Motions by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order Granting Joint Motion to Extend Page Limits)(Curtis, Ryan) (Entered: 09/07/2022) |
| 09/08/2022 | 289 | ORDERED that the stipulation is granted in part. (Doc. 288 ) Opening briefs may not exceed 25 pages; response briefs may not exceed 25 pages; reply briefs may not exceed 12 pages. Signed by Magistrate Judge Leslie A Bowman on 9/8/22. (MYE) (Entered: 09/08/2022) |
| 09/13/2022 | 290 | REPLY to Response to Motion re: 283 MOTION Clarification filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/13/2022) |
| 09/14/2022 | 291 | NOTICE of Attorney Withdrawal Victoria A. Sheets filed by Wesley R Powell. (Powell, Wesley) (Entered: 09/14/2022) |
| 09/26/2022 | 292 | MOTION to Seal Document Exhibits 24 and 30 to Defs’ Motion for Summary Judgment by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order Granting Motion to File Exhibits Under Seal)(Curtis, Ryan) (Entered: 09/26/2022) |
| 09/26/2022 | 293 | MOTION for Summary Judgment by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/26/2022) |
| 09/26/2022 | 294 | Additional Attachments to Main Document re: 293 MOTION for Summary Judgment Declaration of Paul Shannon by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/26/2022) |
| 09/26/2022 | 295 | *STATEMENT OF FACTS re: 293 MOTION for Summary Judgment by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) *Modified to correct event type on 9/27/2022 (JAM). (Entered: 09/26/2022) |
| 09/26/2022 | 296 | *DECLARATION of Ryan Curtis In Support of 293 Defs’ Motion for Summary Judgment by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6, # 3 Exhibit 7-15, # 4 Exhibit 16-17, # 5 Exhibit 18, # 6 Exhibit 19, # 7 Exhibit 20-21, # 8 Exhibit 22-25, # 9 Exhibit 26, # 10 Exhibit 27-28, # 11 Exhibit 29-33, # 12 Exhibit 34-35)(Curtis, Ryan) *Modified to correct linkage on 9/27/2022 (JAM). (Entered: 09/26/2022) |
| 09/26/2022 | 297 | FILED AT DOC. 307 PURSUANT TO ORDER DOC. 306 —SEALED LODGED Proposed UNDER SEAL_Exhs. 24 and 30 re: 292 MOTION to Seal Document Exhibits 24 and 30 to Defs’ Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) Modified on 9/29/2022 (DLC). (Entered: 09/26/2022) |
| 09/26/2022 | 298 | MOTION for Summary Judgment by Russell B Toomey. (Wee, Christine) (Entered: 09/26/2022) |
| 09/26/2022 | 299 | *STATEMENT OF FACTS re: 298 MOTION for Summary Judgment by Plaintiff Russell B Toomey. (Wee, Christine) *Modified to correct event type on 9/27/2022 (JAM). (Entered: 09/26/2022) |
| 09/26/2022 | 300 | DECLARATION of Christine K. Wee re: 299 Statement of Facts, 298 MOTION for Summary Judgment by Plaintiff Russell B Toomey. (Attachments: # 1 Exhibits 1-8, 11, # 2 Exhibit 12, Part1, # 3 Exhibit 12, Part 2, # 4 Exhibit 12, Part 3, # 5 Exhibits 16-20, # 6 Exhibit 22, Part 1, # 7 Exhibit 22, Part 2, # 8 Exhibit 22, Part 3, # 9 Exhibits 23-27, # 10 Exhibit 28A-28E)(Wee, Christine) (Entered: 09/26/2022) |
| 09/26/2022 | 301 | DECLARATION of Russell B. Toomey re: 298 MOTION for Summary Judgment , 299 Statement of Facts, 300 Declaration, by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 09/26/2022) |
| 09/26/2022 | 302 | MOTION to Seal Document 298 MOTION for Summary Judgment , 299 Statement of Facts, 300 Declaration, 301 Declaration by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) (Entered: 09/26/2022) |
| 09/26/2022 | 303 | FILED AT DOC. 309 , 310 , AND 311 PURSUANT TO ORDER DOC. 308 — SEALED LODGED Proposed Plaintiffs’ Motion for Summary of Judgment, Statement of Facts. Exhibits 9, 10, 13, 15, 19, 21 UNREDACTED re: 302 MOTION to Seal Document 298 MOTION for Summary Judgment , 299 Statement of Facts, 300 Declaration, 301 Declaration . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Russell B Toomey. (Attachments: # 1 Plaintiffs’ State of Facts – Unredacted, # 2 Exhibits 9-10 unredacted, # 3 Exhibits 13, 15 unredacted, # 4 Exhibits 19, 21 unredacted)(Wee, Christine) Modified on 9/29/2022 (DLC). (Entered: 09/26/2022) |
| 09/26/2022 | 304 | NOTICE re: Plaintiff’s Notice of Filing Exhibit 14 to Declaration of Christine K. Wee by Russell B Toomey re: 298 MOTION for Summary Judgment , 299 Statement of Facts, 300 Declaration, . (Attachments: # 1 Exhibit 14 to Declaration of Christine K. Wee (Doc. 300))(Wee, Christine) (Entered: 09/26/2022) |
| 09/28/2022 | 305 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 09/28/2022) |
| 09/29/2022 | 306 | ORDER granting 292 Motion to Seal Document Exhibits 24 and 30 to Defs’ Motion for Summary Judgment. IT IS FURTHER ORDERED directing the Clerk to file Exhibits 24 and 30 to the Declaration of Ryan Curtis under seal. Signed by Magistrate Judge Leslie A Bowman on 9/28/2022. (DLC) (Entered: 09/29/2022) |
| 09/29/2022 | 307 | Sealed Document: Exhibits 24 and 30 by Arizona, State of, Paul Shannon, Andy Tobin re: 296 DECLARATION of Ryan Curtis In Support of 293 Defs’ Motion for Summary Judgment. (DLC) (Entered: 09/29/2022) |
| 09/29/2022 | 308 | ORDER granting 302 Motion to Seal Document. IT IS FUTHER ORDERED that the Clerk is directed to file under seal (i) Exhibits 9, 10, 13, 15, 19 and 21; (ii) an unredacted copy of Plaintiff’s Motion for Summary Judgment; and (iii) an unredacted copy of Plaintiff’s Statement of Undisputed Material Facts. Signed by Magistrate Judge Leslie A Bowman on 9/28/2022. (DLC) (Entered: 09/29/2022) |
| 09/29/2022 | 309 | SEALED MOTION for Summary Judgment by Russell B Toomey. (DLC) (Entered: 09/29/2022) |
| 09/29/2022 | 310 | Sealed Document: Statement of Undisputed Material Facts in Support of Plaintiff’s 309 Motion for Summary Judgment by Russell B Toomey. (DLC) (Entered: 09/29/2022) |
| 09/29/2022 | 311 | Sealed Document: Exhibits 9, 10, 13, 15, 19, 21 to 300 DECLARATION of Christine K. Wee by Russell B Toomey. (Attachments: # 1 Exhibit 13, 15, # 2 Exhibit 19, 21)(DLC) (Entered: 09/29/2022) |
| 10/19/2022 | 312 | ORDERED that Defendants’ Motion for Clarification (Doc. 283 ) is granted in part and denied in part. Signed by Judge Rosemary Marquez on 10/18/22. (See attached Order for complete details.) (MYE) (Entered: 10/19/2022) |
| 10/21/202 | 313 | REPORT of Joint Letter to Court re Settlement re: 234 by Plaintiff Russell B Toomey. (Wee, Christine) (Entered: 10/21/2022) |
| 10/26/2022 | 314 | MOTION to Seal Document Exhibits C and D to Declaration of R. Curtis by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order to File Exhibits Under Seal)(Curtis, Ryan) (Entered: 10/26/2022) |
| 10/26/2022 | 315 | RESPONSE to Motion re: 298 MOTION for Summary Judgment filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 10/26/2022) |
| 10/26/2022 | 316 | STATEMENT OF FACTS re: 315 Response to Motion for Summary Judgment Controverting Statement of Facts by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 10/26/2022) |
| 10/26/2022 | 317 | DECLARATION of Ryan Curtis ISO Defs State of AZ et al’s Opposition to Plff’s MSJ re: 315 Response to Motion for Summary Judgment by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Exhibit to Declaration of Ryan Curtis ISO Defs State of AZ et al’s Opposition to Plff’s MSJ)(Curtis, Ryan) (Entered: 10/26/2022) |
| 10/26/2022 | 318 | FILED AT DOC. 327 PURSUANT TO ORDER DOC. 326 —-SEALED LODGED Proposed Exhibits C&D to Declaration of Ryan Curtis Filed Under Seal re: 314 MOTION to Seal Document Exhibits C and D to Declaration of R. Curtis. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) Modified on 10/27/2022 (DLC). (Entered: 10/26/2022) |
| 10/26/2022 | 319 | RESPONSE to Motion re: 298 MOTION for Summary Judgment filed by Arizona Board of Regents, Fred Duval, Robert Herbold, Lyndel Manson, Cecilia Mata, Jessica Pacheco, Larry Penley, Bill Ridenour, Ron Shoopman. (Eckstein, Paul) (Entered: 10/26/2022) |
| 10/26/2022 | 320 | STATEMENT OF FACTS re: 319 Response to Motion for Summary Judgment by Defendants Arizona Board of Regents, Fred Duval, Robert Herbold, Lyndel Manson, Cecilia Mata, Jessica Pacheco, Larry Penley, Bill Ridenour, Ron Shoopman. (Eckstein, Paul) (Entered: 10/26/2022) |
| 10/26/2022 | 321 | RESPONSE to Motion re: 293 MOTION for Summary Judgment [Redacted] filed by Russell B Toomey. (Wee, Christine) (Entered: 10/26/2022) |
| 10/26/2022 | 322 | *STATEMENT OF FACTS re: 321 Response to Motion for Summary Judgment [Redacted] by Plaintiff Russell B Toomey. (Wee, Christine) *Modified to correct reference to related document on 10/27/2022 (MYE). (Entered: 10/26/2022) |
| 10/26/2022 | 323 | DECLARATION of Christine K. Wee re: 322 Statement of Facts, 293 MOTION for Summary Judgment , 321 Response to Motion for Summary Judgment by Plaintiff Russell B Toomey. (Attachments: # 1 Exhibits 29-40, # 2 Exhibits 41-47 and 49)(Wee, Christine) (Entered: 10/26/2022) |
| 10/26/2022 | 324 | *MOTION to File Exhibits Under Seal by Russell B Toomey. (Attachments: # 1 Proposed Order)(Wee, Christine) *Modified text to reflect document on 10/28/2022 (DLC). (Entered: 10/26/2022) |
| 10/26/2022 | 325 | FILED AT DOCS. 329 , 330 , AND 331 PURSUANT TO ORDER DOC. 328 —SEALED LODGED Proposed Plaintiff’s Response in Opposition to State Defendants’ Motion for Summary Judgment (Unredacted); Countervailing Statement of Facts (Unredacted); Exhibit 48 to Christine K. Wee’s Declaration re: 324 MOTION to Seal Document 322 Statement of Facts, 323 Declaration, 321 Response to Motion for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Russell B Toomey. (Attachments: # 1 Attachment Plaintiff’s Countervailing Statement of Facts Unredacted, # 2 Exhibit 48)(Wee, Christine) Modified on 10/28/2022 (DLC). (Entered: 10/26/2022) |
| 10/27/2022 | 326 | ORDER granting 314 Motion to Seal Document Exhibits C and D to Declaration of R. Curtis. Signed by Magistrate Judge Leslie A Bowman on 10/26/2022. (DLC) (Entered: 10/27/2022) |
| 10/27/2022 | 327 | Sealed Document: Exhibits C & D to 317 Declaration of Ryan Curtis by Arizona, State of, Paul Shannon, Andy Tobin. (DLC) (Entered: 10/27/2022) |
| 10/28/2022 | 328 | ORDER granting 324 MOTION to File Exhibits Under Seal. IT IS FURTHER ORDERED that the Clerk is directed to file under seal (i) Exhibit 48; (ii) an unredacted copy of Plaintiff’s Response in Opposition to State Defendants’ Motion for Summary Judgment; and (iii) an unredacted copy of Plaintiff’s Countervailing Statement of Facts. (Doc. 325). Signed by Magistrate Judge Leslie A Bowman on 10/27/2022. (DLC) (Entered: 10/28/2022) |
| 10/28/2022 | 329 | SEALED [Unredacted] RESPONSE to Motion re: 293 MOTION for Summary Judgment by Russell B Toomey. (DLC) (Entered: 10/28/2022) |
| 10/28/2022 | 330 | Sealed Document: [Unredacted] STATEMENT OF FACTS re: 321 Response to Motion for Summary Judgment by Russell B Toomey. (DLC) (Entered: 10/28/2022) |
| 10/28/2022 | 331 | Sealed Document: Exhibit 48 to 323 Christine K. Wee’s Declaration by Russell B Toomey. (DLC) (Entered: 10/28/2022) |
| 11/17/2022 | 332 | ORDERED that a hearing on the motion will be held on January 11, 2023, at 2:00 p.m. before the Honorable Magistrate Judge Leslie A. Bowman. If a party wishes to appear telephonically, that party should contact chambers at least two weeks prior to the hearing. Signed by Magistrate Judge Leslie A Bowman on 11/17/22. (MYE) (Entered: 11/17/2022) |
| 11/23/2022 | 333 | Joint MOTION to Reschedule Oral Argument by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order)(Curtis, Ryan) (Entered: 11/23/2022) |
| 11/23/2022 | 334 | RESPONSE to Motion re: 293 MOTION for Summary Judgment filed by Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 11/23/2022) |
| 11/23/2022 | 335 | STATEMENT OF FACTS re: 322 Statement of Facts Response to Plaintiff’s Countervailing Statement of Facts to Defendants’ Separate Statement of Facts by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Curtis, Ryan) (Entered: 11/23/2022) |
| 11/23/2022 | 336 | DECLARATION of Ryan C. Curtis in Support of Reply in Support of Motion for Summary Judgment re: 334 Response to Motion for Summary Judgment by Defendants Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Exhibit A – Corieri Deposition Excerpts, # 2 Exhibit B – Schafer Deposition Excerpts, # 3 Exhibit C – ASU Benefits)(Curtis, Ryan) (Entered: 11/23/2022) |
| 11/23/2022 | 337 | REPLY to Response to Motion re: 298 MOTION for Summary Judgment filed by Russell B Toomey. (Attachments: # 1 Declaration of Christine K. Wee, # 2 Exhibit Exhibits 50-51 to Declaration of Christine K. Wee)(Wee, Christine) (Entered: 11/23/2022) |
| 11/23/2022 | 338 | REPLY to Response to Motion re: 298 MOTION for Summary Judgment filed by Defendants Arizona Board of Regents (Doc. 319) filed by Russell B Toomey. (Wee, Christine) (Entered: 11/23/2022) |
| 11/28/2022 | 339 | *NOTICE (Withdrawal of Document) re: Withdrawal of Response by Arizona, State of, Paul Shannon, Andy Tobin re: 335 Statement of Facts . (Curtis, Ryan) *Modified to correct event type on 11/30/2022 (MYE). (Entered: 11/28/2022) |
| 12/06/2022 | 340 | ORDERED that the motion is granted in part. (Doc. 333 ) The oral argument is reset for January 9, 2023 at 10:00 a.m. If a party wishes to appear telephonically, that party should contact chambers at least one week prior to the hearing. The parties may address the state defendants’ pending motion for summary judgment (Doc. 293) as well as the plaintiff’s pending motion for summary judgment (Doc. 298). Signed by Magistrate Judge Leslie A Bowman on 12/6/22. (MYE) (Entered: 12/06/2022) |
| 12/16/2022 | 341 | *MOTION to Amend/Correct 322 Statement of Facts, 330 Sealed Document and Motion to Seal Seal Document by Russell B Toomey. (Attachments: # 1 Exhibit A is a corrected version of Plaintiffs Countervailing Statement of Facts (Redacted),, # 2 Proposed Order)(Wee, Christine). *Modified to add MOTION to Seal on 12/19/2022 (CEI). (Entered: 12/16/2022) |
| 12/16/2022 | 342 | FILED AT DOC. 345 PURSUANT TO ORDER DOC. 344 —SEALED LODGED Proposed Proposed Exhibit A corrected version of Plaintiffs Countervailing Statement of Facts (unredacted) re: 341 MOTION to Amend/Correct 322 Statement of Facts, 330 Sealed Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Russell B Toomey. (Wee, Christine) Modified on 12/22/2022 (DLC). (Entered: 12/16/2022) |
| 12/20/2022 | 343 | REPORT of Settlement Talks/Discussions Joint Letter to Court re Settlement by Russell B Toomey. (Wee, Christine) (Entered: 12/20/2022) |
| 12/22/2022 | 344 | ORDER granting 341 MOTION to Amend/Correct 322 Statement of Facts, 330 Sealed Document and Motion to Seal Seal Document. IT IS FURTHER ORDERED that the Clerk is directed to file under seal the lodged unredacted copy of Exhibit A, Plaintiff’s corrected Countervailing SOF. Signed by Magistrate Judge Leslie A Bowman on 12/21/2022. (DLC) (Entered: 12/22/2022) |
| 12/22/2022 | 345 | Sealed Document: Exhibit A Corrected Version of Plaintiff’s Countervailing Statement of Facts (unredacted) by Russell B Toomey. (DLC) (Entered: 12/22/2022) |
| 01/04/2023 | 346 | MOTION Postpone Oral Argument re: 340 Order on Motion for Miscellaneous Relief, Joint Motion to Postpone Oral Argument by Arizona, State of, Paul Shannon, Andy Tobin. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Postpone Oral Argument)(Curtis, Ryan) (Entered: 01/04/2023) |
| 01/05/2023 | 347 | ORDER granting 346 Motion to Postpone Oral Argument on State Defendants’ 298 Motion for Summary Judgment. Oral argument currently scheduled for 10:00 AM on January 9, 2023, is postponed. IT IS FURTHER ORDERED that the parties submit a Joint Status Report regarding the status of their settlement discussions and whether oral argument on the motions is necessary on or before March 6, 2023. Signed by Magistrate Judge Leslie A Bowman on 1/5/23. (JAM) (Entered: 01/05/2023) |
Last updated 11/20/2023
Reconciled with online docket 01/10/2023