D. Ariz. 4:20-cv-00484 Docket

Roe v. Cunico
previously Trujillo v. Christ and Roe v. Herrington
No. 4:20-cv-00484, Case History (under construction)

Court: District of Arizona (Tucson Division)
Assigned to: Judge James A Soto

Date Filed # Docket Text
11/04/2020 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18844313 filed by Lizette Trujillo, Megan Roe, Susan Doe. (Proksel, Colin) (Attachments: # 1 Civil Cover Sheet)(SCA) (Entered: 11/04/2020)
11/04/2020 2 MOTION to Proceed Under a Pseudonym by Susan Doe, Megan Roe. (Proksel, Colin) (Attachments: # 1 Declaration In Support of Motion, # 2 Text Proposed Order)(SCA) (Entered: 11/04/2020)
11/04/2020 3 MOTION for Preliminary Injunction by Megan Roe, Susan Doe. (Proksel, Colin) (Attachments: # 1 Expert Declaration of Dr. Linda Hawkins, # 2 Exhibit A, # 3 Declaration of Dr. Daniel Shumer, # 4 Exhibit B, # 5 Declaration in Support of Motion, # 6 Declaration in Support of Motion, # 7 Exhibit C)(SCA) (Entered: 11/04/2020)
11/04/2020 4 SUMMONS Submitted by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) (Attachments: # 1 Summons, # 2Summons)(SCA) (Entered: 11/04/2020)
11/04/2020 5 Filing fee paid, receipt number 0970-18844313. This case has been assigned to the Honorable James A. Soto. All future pleadings or documents should bear the correct case number: CV-20-00484-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) (Entered: 11/04/2020)
11/04/2020 6 Summons Issued as to Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Summons, # 2 Summons)(SCA). *** IMPORTANT: When printing the summons, select “Document and stamps” or “Document and comments” for the seal to appear on the document. (Entered: 11/04/2020)
11/04/2020 Remark: Pro hac vice motion(s) granted for Patrick P Gunn, Barrett J Anderson on behalf of Plaintiffs Susan Doe, Megan Roe, Lizette Trujillo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 11/04/2020)
11/04/2020 7 CASE MANAGEMENT ORDER (Communication with Chambers, Emailing Chambers WORD versions of filings such as briefs/motions/responses/replies/proposed orders, Courtesy Paper Copies of Filings–SEE ORDER FOR FULL DETAILS). Signed by Judge James A Soto on 11/4/20. (JAS, kr) (Entered: 11/04/2020)
11/04/2020 8 ORDER: The motion to proceed under a pseudonym (Doc. 2) is granted; 11/5/20 Deadline at Noon, Evidentiary Hearing, Service (See Order for Full Details). Signed by Judge James A Soto on 11/4/20.(JAS, kr) *Modified to add ruling and reference to related document on 11/6/2020 (MYE). (Entered: 11/04/2020)
11/05/2020 Remark: Pro hac vice motion(s) granted for Asaf Orr on behalf of Plaintiffs Susan Doe, Megan Roe, Lizette Trujillo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 11/05/2020)
11/05/2020 9 NOTICE re: Jane Doe’s School Start Date and Service of Defendants by Susan Doe, Megan Roe, Lizette Trujillo re: 8 Order on Motion for Miscellaneous Relief . (Proksel, Colin) (Entered: 11/05/2020)
11/05/2020 10 SERVICE EXECUTED filed by Susan Doe, Megan Roe, Lizette Trujillo: Rule 4 Waiver of Service of Summons. Waiver sent on 11/4/2020 to Cara M. Christ, MD . (Proksel, Colin) (Entered: 11/05/2020)
11/05/2020 11 SERVICE EXECUTED filed by Susan Doe, Megan Roe, Lizette Trujillo: Rule 4 Waiver of Service of Summons. Waiver sent on 11/4/2020 to Thomas Salow . (Proksel, Colin) (Entered: 11/05/2020)
11/05/2020 12 SERVICE EXECUTED filed by Susan Doe, Megan Roe, Lizette Trujillo: Rule 4 Waiver of Service of Summons. Waiver sent on 11/4/2020 to Krystal Colburn . (Proksel, Colin) (Entered: 11/05/2020)
11/05/2020 13 ORDER: By no later than 11/9/20, the parties shall file a joint report indicating what witnesses they expect to testify, the content of their testimony, and the estimated days needed for the evidentiary hearing. Defendants shall file a response to Plaintiffs motion for a preliminary injunction by no later than 11/15/20. Plaintiff shall file a reply by no later than 11/22/20.. Signed by Judge James A Soto on 11/5/20. (JAS, kr) (Entered: 11/05/2020)
11/05/2020 14 MOTION to Seal Document by Susan Doe, Megan Roe, Lizette Trujillo. (Attachments: # 1 Text of Proposed Order Proposed Order re Motion to Seal)(Proksel, Colin) (Entered: 11/05/2020)
11/05/2020 15 FILED at (Doc. 18 ) SEALED LODGED Proposed Information re Jane Doe re: 14 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Susan Doe, Megan Roe, Lizette Trujillo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Proksel, Colin) Modified on 11/9/2020 (KAH). (Entered: 11/05/2020)
11/06/2020 16 NOTICE re: Mailing Papers and Authorities by Susan Doe, Megan Roe, Lizette Trujillo re: 7 Order . (Proksel, Colin) (Entered: 11/06/2020)
11/09/2020 17 ORDER granting 14 Motion to Seal Document. Signed by Judge James A Soto on 11/9/20. (KAH) (Entered: 11/09/2020)
11/09/2020 18 Sealed Document: Exhibits A and B by Susan Doe. (Attachments: # 1 Exhibit B)(KAH) (Entered: 11/09/2020)
11/09/2020 19 REPORT of Joint Party Report by Plaintiffs Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) (Entered: 11/09/2020)
11/10/2020 20 ORDER: The evidentiary hearing will be held in Courtroom 6A on December 3 and 4, 2020. Each day, the evidentiary hearing will go from 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 5:00 p.m. Signed by Judge James A Soto on 11/10/20. (JAS, kr) (Entered: 11/10/2020)
11/13/2020 21 NOTICE of Appearance by Aubrey Joy Corcoran on behalf of Cara M Christ, Krystal Colburn, Thomas Salow. (Corcoran, Aubrey) (Entered: 11/13/2020)
11/13/2020 22 Joint MOTION for Protective Order by Stipulation by Susan Doe, Megan Roe, Lizette Trujillo. (Attachments: # 1 Exhibit Protective Order, # 2 Text of Proposed Order Proposed Order)(Proksel, Colin) (Entered: 11/13/2020)
11/15/2020 23 RESPONSE to Motion re: 3 MOTION for Preliminary Injunction filed by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Affidavit Declaration)(Corcoran, Aubrey) (Entered: 11/15/2020)
11/16/2020 24 ORDER granting 22 Motion for Protective Order. Signed by Judge James A Soto on 11/16/20.(JAS, kr) (Entered: 11/16/2020)
11/16/2020 25 PROTECTIVE ORDER. Signed by Judge James A Soto on 11/16/20. (JAS, kr) (Entered: 11/16/2020)
11/16/2020 26 *Additional Attachments to Main Document re: 23RESPONSE to Motion filed by Cara M Christ, Krystal Colburn, Thomas Salow Proposed Order Denying Jane Doe’s Motion for a Preliminary Injunction (Attachments: # 1 Text of Proposed Order)(LaMagna, Patricia) *Modified to correct event type on 11/17/2020 (MYE). (Entered: 11/16/2020)
11/16/2020 27 NOTICE re: DEFENDANTS NOTICE OF MAILING PAPERS AND AUTHORITIES by Cara M Christ, Krystal Colburn, Thomas Salow . (LaMagna, Patricia) (Entered: 11/16/2020)
11/17/2020 28 ORDER: By no later than 11/20/20, the parties shall confer to discuss the issues raised by the Court. If the parties reach an agreement, and they believe that Jane Does reply brief (due on 11/22/20) is unnecessary, they shall file a notice forthwith which shall act as a stay of that deadline. By no later than 11/24/20, the parties shall file a joint report reflecting the parties agreement (or lack thereof) as to the issues raised by the Court. If they reach an agreement, they shall include in the joint report the best way to proceed, and may submit any proposed orders to the Court on 11/24/20 or thereafter pursuant to their agreement.. Signed by Judge James A Soto on 11/17/20. (JAS, kr) (Entered: 11/17/2020)
11/20/2020 29 NOTICE re: Jane Doe’s School Start Date and Status of Discussions by Susan Doe, Megan Roe, Lizette Trujillo re: 28 Order . (Proksel, Colin) (Entered: 11/20/2020)
11/22/2020 30 REPLY to Response to Motion re: 3 MOTION for Preliminary Injunction filed by Susan Doe, Megan Roe, Lizette Trujillo. (Attachments: # 1 Affidavit Reply Declaration of Susan Doe, # 2 Affidavit Declaration of Megan Roe, # 3 Affidavit Declaration of Lizette Trujillo, # 4Exhibit Ex. A (redacted slipsheet), # 5 Affidavit Declaration of Colin Proksel, Esq.)(Proksel, Colin) (Entered: 11/22/2020)
11/22/2020 31 MOTION to Seal Document 30 Reply to Response to Motion by Susan Doe, Megan Roe, Lizette Trujillo. (Attachments: # 1 Text of Proposed Order)(Proksel, Colin) (Entered: 11/22/2020)
11/22/2020 32 FILED at (Doc. 35 ) SEALED LODGED Proposed Sealed Court Petition re: 31 MOTION to Seal Document 30 Reply to Response to Motion . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) Modified on 11/24/2020 (KAH). (Entered: 11/22/2020)
11/23/2020 33 NOTICE re: Jane Doe’s School Start Date by Susan Doe, Megan Roe, Lizette Trujillo . (Proksel, Colin) (Entered: 11/23/2020)
11/24/2020 34 ORDER granting 31 Motion to Seal Document. Exhibit A to the Declaration of Lizette Trujillo in Support of Jane Doe’s Motion for Preliminary Injunction shall be sealed in its entirety. Signed by Judge James A Soto on 11/23/20. (KAH) (Entered: 11/24/2020)
11/24/2020 35 Sealed Document: Exhibit A to 30 Reply to Response to Motion by Susan Doe, Megan Roe, Lizette Trujillo. (KAH) (Entered: 11/24/2020)
11/24/2020 36 NOTICE re: Mailing Papers and Authorities by Susan Doe, Megan Roe, Lizette Trujillo . (Proksel, Colin) (Entered: 11/24/2020)
11/24/2020 37 STATUS REPORT (JOINT) by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) (Entered: 11/24/2020)
11/25/2020 38 STATUS REPORT (Joint) by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) (Entered: 11/25/2020)
11/27/2020 39 NOTICE re: STIPULATED NOTICE OF THE PARTIES AGREEMENT CONCERNING JANE DOES MOTION FOR PRELIMINARY INJUNCTION AND JANE DOES PETITION FOR AN A.R.S. § 36-337(A)(4) COURT ORDER TO AMEND HER BIRTH CERTIFICATE by Susan Doe, Megan Roe, Lizette Trujillo . (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Proposed Order)(Proksel, Colin) (Entered: 11/27/2020)
11/27/2020 40 SEALED PROPOSED ORDER TO AMEND JANE DOES BIRTH CERTIFICATE re: 39 Notice . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) *Modified link in on 11/30/2020 (SCH). Modified on 12/1/2020 per Doc. 45 (KAH). (Entered: 11/27/2020)
11/30/2020 41 SEALED ORDER re: the Stipulated Notice of the Parties’ Agreement Concerning Jane Doe’s Motion for Preliminary Injunction and Jane Doe’s Petition for an A.R.S. § 36-33(A)(4) Court Order to Amend Her Birth Certificate. Signed by Judge James A Soto on 11/30/20. (cc: All counsel for both Plaintiffs and Defendants) (KAH) (A certified copy of this document was provided to Barrett J. Anderson on 12/9/2020). Modified on 12/9/2020 (MFR). (Entered: 11/30/2020)
11/30/2020 42 STIPULATION (JOINT NOTICE OF PLAINTIFFS INTENT TO AMEND THEIR COMPLAINT, PURSUANT TO FRCP 15(a)(1)(B) & STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING) by Susan Doe, Megan Roe, Lizette Trujillo. (Proksel, Colin) (Entered: 11/30/2020)
12/01/2020 43 ORDER granting 42 Stipulation. Signed by Judge James A Soto on 12/1/20. (JAS, kr) (Entered: 12/01/2020)
12/01/2020 44 ORDER: Pursuant to the parties’ stipulation (Doc. 39) and the Order granting Jane Doe the relief requested therein, the motion for a preliminary injunction (Doc. 3 ) is denied as moot and the related evidentiary hearings set for December 3 and 4, 2020 are vacated. Signed by Judge James A Soto on 11/30/20. (MYE) (Entered: 12/01/2020)
12/01/2020 45 ORDER SEALING DOCUMENTS RELATED TO THE STIPULATED NOTICE OF THE PARTIES’ AGREEMENT CONCERNING JANE DOE’S MOTION FOR PRELIMINARY INJUNCTION: Exhibit A to the Stipulation, which has been lodged with the Court, shall be sealed in its entirety. The Order to Amend Jane Doe’s Birth Certificate issued by this Court shall be sealed in its entirety. The Clerk’s Office shall file this Order to Seal and secure the lodged versions of the foregoing documents from public access. Signed by Judge James A Soto on 11/30/20. (KAH) (Entered: 12/01/2020)
12/09/2020 46 Sealed Document: Mail Returned as Undeliverable. Mail sent to Aurey Joyn Corcoran. Reason for return: Return to Sender; Not Deliverable as Addressed; Unable to Forward. Document number 41 . (MFR) (Entered: 12/11/2020)
01/08/2021 47 *AMENDED COMPLAINT against All Defendants filed by Lizette Trujillo, Megan Roe, Susan Doe, Rachel Voe, Laura Poe.(Proksel, Colin) *Modified to reflect correct filers on 1/11/2021 (MFR). (Entered: 01/08/2021)
01/08/2021 48 *Consent MOTION of James Poe and Carl Voe to Proceed Under a Pseudonym re: 47 Amended Complaint by Susan Doe, Megan Roe, Lizette Trujillo, Rachel Voe, Laura Poe. (Attachments: # 1 Exhibit Declaration of Laura Poe, # 2Exhibit Declaration of Rachel Voe, # 3 Text of Proposed Order)(Proksel, Colin) *Modified to reflect correct filers on 1/12/2021 (MFR). (Entered: 01/08/2021)
01/11/2021 49 ORDERED The Motion 48 is GRANTED, and James Poe and Carl Voe, and their parents and next friends, Laura Poe and Rachel Voe, may proceed using pseudonyms. Signed by Judge James A Soto on 1/11/21. (MYE) (Entered: 01/11/2021)
02/04/2021 50 First MOTION for Extension of Time to File Answer re: 47 Amended Complaint Stipulation to Extend Time to Answer Amended Complaint by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Text of Proposed Order Proposed Order)(Corcoran, Aubrey) (Entered: 02/04/2021)
02/04/2021 51 ORDER granting the Parties’ 50 Stipulation to Extend Time to Answer Amended Complaint. Defendants shall have an extra thirty days and shall file their Answer or Motion to Dismiss on or before March 10, 2021. Signed by Judge James A Soto on 2/4/21. (MYE) (Entered: 02/04/2021)
03/08/2021 52 NOTICE of Appearance by Daniel Patrick Struck on behalf of Cara M Christ, Krystal Colburn, Thomas Salow. (Struck, Daniel) (Entered: 03/08/2021)
03/10/2021 53 MOTION for Leave to File Excess Pages for Motion to Dismiss by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Text of Proposed Order Proposed Form of Order for Motion to Exceed Page Limit)(Corcoran, Aubrey) (Entered: 03/10/2021)
03/10/2021 54 *FILED AT DOC. 56 – LODGED Proposed Motion to Dismiss Amended Complaint re: 53 MOTION for Leave to File Excess Pages for Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Text of Proposed Order Proposed Form of Order for Motion to Dismiss)(Corcoran, Aubrey) Modified on 3/15/2021 (MYE). (Entered: 03/10/2021)
03/15/2021 55 ORDERED that the Defendants’ Motion to Exceed Page Limits (Doc. 53 ) is granted and the lodged Motion to Dismiss (Doc. 54) shall be filed by the Clerk of Court. Signed by Judge James A Soto on 3/12/21. (MYE) (Entered: 03/15/2021)
03/15/2021 56 MOTION to Dismiss Plaintiffs’ Amended Complaint re: 47AMENDED Complaint by Cara M Christ, Krystal Colburn, Thomas Salow. (Corcoran, Aubrey) (Attachments: # 1 Text of Proposed Order)(MYE) (Entered: 03/15/2021)
03/17/2021 57 NOTICE re: Notice of Mailing Papers and Authorities by Cara M Christ, Krystal Colburn, Thomas Salow re: 56 MOTION to Dismiss Case . (LaMagna, Patricia) (Entered: 03/17/2021)
03/19/2021 58 NOTICE re: DEFENDANTS AMENDED NOTICE OF MAILING PAPERS AND AUTHORITIES by Cara M Christ, Krystal Colburn, Thomas Salow . (LaMagna, Patricia) (Entered: 03/19/2021)
03/22/2021 59 STIPULATION to Extend Time re Opposition to Motion to Dismiss by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Text of Proposed Order)(Proksel, Colin) (Entered: 03/22/2021)
03/24/2021 60 ORDER granting 59 Joint Stipulation to Extend Plaintiffs’ Time to Oppose Defendants’ Motion to Dismiss and for Plaintiffs’ Opposition Brief to Exceed Page Limits. Plaintiffs shall file an opposition brief to Defendants’ Motion to Dismiss the Amended Complaint on or before April 23, 2021. Plaintiffs’ opposition brief shall not exceed twenty-four (24) pages. Signed by Judge James A Soto on 3/24/21. (MYE) (Entered: 03/24/2021)
04/23/2021 61 RESPONSE in Opposition re: 56 MOTION to Dismiss Case filed by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Proksel, Colin) (Entered: 04/23/2021)
04/28/2021 62 NOTICE re: Mailing Papers and Authorities by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe re: 61Response in Opposition to Motion . (Proksel, Colin) (Entered: 04/28/2021)
05/10/2021 63 MOTION Request for Direction on Plaintiffs’ Proposed Second Amended Complaint and Motion to Postpone Briefing Re: Motion to Dismiss Amended Complaint re: 56 MOTION to Dismiss Case, 61 Response in Opposition to Motion – Expedited Briefing and Ruling Requested by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Acedo, Nicholas) (Entered: 05/10/2021)
05/11/2021 64 ORDER (briefing as to the pending motion to dismiss stayed; suggestions for the parties to reach a stipulation). Signed by Judge James A Soto on 5/11/21. (JAS, kr) (Entered: 05/11/2021)
05/14/2021 65 NOTICE re: Mailing Papers and Authorities by Cara M Christ, Krystal Colburn, Thomas Salow re: 63 MOTION Request for Direction on Plaintiffs’ Proposed Second Amended Complaint and Motion to Postpone Briefing Re: Motion to Dismiss Amended Complaint re: 56 MOTION to Dismiss Case, 61 Response in Opposition to Motion – Expedited Br . (Keene, Dana) (Entered: 05/14/2021)
05/18/2021 66 RESPONSE to Motion re: 63 MOTION Request for Direction on Plaintiffs’ Proposed Second Amended Complaint and Motion to Postpone Briefing Re: Motion to Dismiss Amended Complaint re: 56 MOTION to Dismiss Case, 61 Response in Opposition to Motion – Expedited Br filed by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Text of Proposed Order)(Proksel, Colin) (Entered: 05/18/2021)
05/19/2021 67 ORDER: denying as moot Doc. 63; lifting stay; Defendants shall file a reply by 5/26/21.. Signed by Judge James A Soto on 5/19/21.(JAS, kr) (Entered: 05/19/2021)
05/26/2021 68 MOTION for Leave to File Excess Pages for Defendants’ Reply in Support of Motion to Dismiss Plaintiffs’ Amended Complaint by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 05/26/2021)
05/26/2021 69 *FILED AT DOC. 71 – LODGED Proposed Defendants’ Reply in Support of Motion to Dismiss Plaintiffs’ Amended Complaint re: 68 MOTION for Leave to File Excess Pages for Defendants’ Reply in Support of Motion to Dismiss Plaintiffs’ Amended Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Cara M Christ, Krystal Colburn, Thomas Salow. (Struck, Daniel) Modified on 5/27/2021 (MYE). (Entered: 05/26/2021)
05/27/2021 70 ORDERED that Defendants’ Motion (Doc. 68 ) to Exceed Page Limit is GRANTED and the lodged Reply (Doc. 69) shall be filed by the Clerk of the Court. Signed by Judge James A Soto on 5/27/21. (MYE) (Entered: 05/27/2021)
05/27/2021 71 REPLY in Support of Motion to Dismiss Plaintiffs’ Amended Complaint re: 56 MOTION to Dismiss Case filed by Cara M Christ, Krystal Colburn, Thomas Salow. (Struck, Daniel) (MYE) (Entered: 05/27/2021)
06/02/2021 72 NOTICE re: Delivery of Papers and Authorities by Cara M Christ, Krystal Colburn, Thomas Salow re: 71 Reply to Response to Motion to Dismiss Plaintiffs’ Amended Complaint. (Acedo, Nicholas) (Entered: 06/02/2021)
07/01/2021 73 MOTION for Hearing or Conference re: Status Conference by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 07/01/2021)
07/02/2021 74 ORDER: The Court has reviewed Plaintiffs request for a status conference (Doc. 73 ). Defendants shall file a response by no later than 7/8/21 and Plaintiffs shall file a reply by no later than 7/13/21. If this schedule interferes with any summer vacation/holiday plans of counsel, or they just need more time in light of any other demands on their time, they may file a stipulation and proposed order setting out a different schedule; the stipulation will be approved, but may not be filed right away given vacation/holiday plans within the Court/Clerks Office in light of the upcoming 4th of July weekend.. Signed by Judge James A Soto on 7/2/21. (JAS, kr) *Modified to correct reference to related document on 7/6/2021 (MYE). (Entered: 07/02/2021)
07/08/2021 75 RESPONSE to Motion re: 73 MOTION for Hearing or Conference re: Status Conference filed by Cara M Christ, Krystal Colburn, Thomas Salow. (Corcoran, Aubrey) (Entered: 07/08/2021)
07/12/2021 76 REPLY to Response to Motion re: 73 MOTION for Hearing or Conference re: Status Conference filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 07/12/2021)
07/14/2021 77 *ORDER (status conference, motion to dismiss, evidentiary hearing). The Court shall hold a telephonic status conference with the parties on 7/21/21 at 8:45 a.m. Signed by Judge James A Soto on 7/14/21.(JAS, kr) (See attached Order for complete details.) *Modified to add hearing date/time on 7/16/2021 (MYE). (Entered: 07/14/2021)
07/21/2021 78 ORDER (Post-telephonic conference Order). Signed by Judge James A Soto on 7/21/21. (JAS, kr) (Entered: 07/21/2021)
07/21/2021 79 ORDER (This order requires the parties to file a joint report by 8/9/21. The Court shall hold a telephonic case management conference with the parties on 8/11/21 at 1:15 p.m. The parties are directed to confer no later than 8/4/21 for the joint report.). Signed by Judge James A Soto on 7/21/21. (JAS, kr) (Entered: 07/21/2021)
07/21/2021 80 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference held on 7/21/2021. (See attached PDF for details). (Court Reporter Cindy Shearman.) Hearing held 8:45am to 9:08am.(TAD) (Entered: 07/22/2021)
07/23/2021 81 NOTICE re: POSSIBLE MOTION FOR PRELIMINARY INJUNCTION by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe . (Proksel, Colin) (Entered: 07/23/2021)
07/29/2021 82 TRANSCRIPT REQUEST by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe for proceedings held on 7/21/2021, Judge James A Soto hearing judge(s). (Bowman, Payslie) (Entered: 07/29/2021)
08/05/2021 83 FORMAL ORDER (Denying Motion to Dismiss 56 ). Signed by Judge James A Soto on 8/5/21. (JAS, kr) Modified to correct reference to related document on 8/6/2021 (MYE). (Entered: 08/05/2021)
08/09/2021 84 REPORT of Rule 26(f) Planning Meeting by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 08/09/2021)
08/10/2021 85 TRANSCRIPT of STATUS CONFERENCE held on 07/21/2021, before Judge James A. Soto. Court Reporter Cindy J. Shearman. 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 by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2021. Redacted Transcript Deadline set for 9/10/2021. Release of Transcript Restriction set for 11/8/2021. (NEC) (Entered: 08/10/2021)
08/11/2021 86 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference held on 8/11/2021. Court reviews Joint Report 84 with counsel. The Court will issue a Scheduling Order. (Court Reporter Cindy Shearman.) Hearing held 1:15pm to 1:34pm.(TAD) (Entered: 08/11/2021)
08/12/2021 87 *SCHEDULING ORDER: All fact discovery shall be completed by 2/25/22. Dispositive motions (i.e., such as a motion for summary judgment not Daubert motions or other motions in limine) shall be filed by 7/11/22. The parties shall file a proposed Joint Pretrial Order by 8/12/22. Signed by Judge James A Soto on 8/12/21. (JAS, kr) (See attached Order for complete details.) *Modified to correct docket text on 8/12/2021 (MYE). (Entered: 08/12/2021)
08/19/2021 88 ANSWER to 47 Amended Complaint with Jury Demand by Cara M Christ.(Struck, Daniel) (Entered: 08/19/2021)
08/25/2021 89 MOTION to Certify Class by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Exhibit Declaration of Lizette Trujillo, # 2 Exhibit Declaration of Asaf Orr, # 3 Exhibit Declaration of Colin Proksel, # 4 Proposed Order)(Proksel, Colin) (Entered: 08/25/2021)
08/31/2021 90 NOTICE re: NOTICE OF MAILING PAPERS AND AUTHORITIES by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe . (Proksel, Colin) (Entered: 08/31/2021)
09/07/2021 91 STATUS REPORT (JOINT STATUS REPORT ON CLASS DISCOVERY) by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 09/07/2021)
09/08/2021 92 ORDER: Telephonic Status Conference. Signed by Judge James A Soto on 9/8/21. (JAS, kr) (Entered: 09/08/2021)
09/10/2021 93 MOTION Notice of Party Substitution and Motion to Amend Caption by Cara M Christ, Krystal Colburn, Thomas Salow. (Attachments: # 1 Proposed Order)(Acedo, Nicholas) (Entered: 09/10/2021)
09/10/2021 94 NOTICE of Service of Discovery filed by Cara M Christ. (Keene, Dana) (Entered: 09/10/2021)
09/10/2021 95 NOTICE of Service of Discovery filed by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 09/10/2021)
09/13/2021 96 NOTICE re: Notice of Mailing Papers and Authorities by Cara M Christ re: 91 Report – Status . (Keene, Dana) (Entered: 09/13/2021)
09/13/2021 97 Joinder re: 93 MOTION Notice of Party Substitution and Motion to Amend Caption by Plaintiffs Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 09/13/2021)
09/13/2021 98 ORDERED that Defendants’ Motion 93 is Granted. The Clerk shall amend the caption to read: “Helen Roe, a minor, by and through her parent and next friend Megan Roe; James Poe, a minor, by and through his parent and next friend Laura Poe; and Carl Voe, a minor, by and through his parent and next friend Rachel Voe, Plaintiffs v. Don Herrington, in his official capacity as Interim State Registrar of Vital Records and Interim Director of the Arizona Department of Health Services, Defendant.” Signed by Judge James A Soto on 9/13/21. (MYE) (Entered: 09/13/2021)
09/14/2021 99 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference held on 9/14/2021 regarding Joint Status Report 91 . Order forthcoming. (Court Reporter Cindy Shearman.) Hearing held 3:45pm to 3:59pm.(TAD) (Entered: 09/14/2021)
09/15/2021 100 CASE MANAGEMENT ORDER (Class Actions Issues). Signed by Judge James A Soto on 9/15/21. (JAS, kr) (Entered: 09/15/2021)
09/23/2021 101 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 09/23/2021)
10/13/2021 102 Defendant’s Amended ANSWER to 47 Amended Complaint with Jury Demand by Don Herrington.(Acedo, Nicholas) (Entered: 10/13/2021)
10/13/2021 103 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Don Herrington of Filing Amended Answer. (Attachments: # 1 Exhibit A)(Acedo, Nicholas) (Entered: 10/13/2021)
10/14/2021 104 NOTICE TO FILER OF DEFICIENCY re: 102 Amended Answer to Amended Complaint filed by Don Herrington. 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 Daniel P. Struck but submitted using the log-in and password belonging to attorney Nicholas Acedo. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 10/14/2021)
10/19/2021 105 NOTICE of Service of Discovery filed by Susan Doe, Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 10/19/2021)
11/09/2021 106 NOTICE of Service of Discovery filed by Susan Doe, Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 11/09/2021)
12/07/2021 107 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 12/07/2021)
01/21/2022 108 NOTICE of Deposition of Arizona Department of Health Services, filed by Susan Doe, Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 01/21/2022)
02/03/2022 109 STIPULATION re: 87 Order Extension of Deadlines in Scheduling Order by Susan Doe, Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 02/03/2022)
02/04/2022 110 ORDERED granting 109 Stipulation. IT IS FURTHER ORDERED that the following deadlines shall be extended as follows: Paragraph C (fact discovery): June 24, 2022; Paragraph F (dispositive motions): November 10, 2022; Paragraph G (joint pretrial order): December 12, 2022. Signed by Judge James A Soto on 2/3/22. (See attached Order for complete details.)(MYE) (Entered: 02/04/2022)
02/28/2022 111 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 02/28/2022)
03/07/2022 112 NOTICE of Service of Discovery filed by Susan Doe, Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 03/07/2022)
03/10/2022 113 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 03/10/2022)
03/28/2022 114 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 03/28/2022)
04/05/2022 115 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 04/05/2022)
04/08/2022 116 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 04/08/2022)
04/29/2022 117 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 04/29/2022)
05/04/2022 118 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 05/04/2022)
05/17/2022 119 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 05/17/2022)
05/24/2022 120 MOTION to Compel Responses to Interrogatories and Production of Documents by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Exhibit Plaintiffs’ LRCIV 7.2(J)-(K) and 37.1 Statement, # 2 Exhibit Declaration of Colin M. Proksel)(Proksel, Colin) (Entered: 05/24/2022)
05/25/2022 121 MOTION to Compel Responses to Interrogatories and Production of Documents (Corrected) by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Exhibit Plaintiffs’ Corrected LRCIV 7.2(J)-(K) and 37.1 Statement, # 2 Exhibit Corrected Declaration of Colin M. Proksel)(Proksel, Colin) (Entered: 05/25/2022)
06/06/2022 122 *MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests by Don Herrington. (Attachments: # 1 Exhibit Index & Exhibit 1 – Separate Statement of Disputed Discovery [Redacted], # 2 Exhibit Exhibit 2 – Declaration of Dana M. Keene [Redacted], # 3 Exhibit Exhibit 3 – Certification, # 4 Proposed Order)(Keene, Dana) *Modified to temporarily seal attachment 2 per forthcoming motion to seal on 6/8/2022 (CEI). (Entered: 06/06/2022)
06/06/2022 123 MOTION to Seal Document Exhibit 1, Exhibit 2, and Attachments 2,3, 8 and 14 to Exhibit 2 (Declaration of Dana Keene) by Don Herrington. (Attachments: # 1 Proposed Order)(Keene, Dana) (Entered: 06/06/2022)
06/06/2022 124 FILED at (Doc. 126 ) SEALED LODGED Proposed Exhibit 1 – Separate Statement of Disputed Discovery; Exhibit 2 – Declaration of Dana Keene and Attachments 2, 3, 8 and 14 re: 123 MOTION to Seal Document Exhibit 1, Exhibit 2, and Attachments 2,3, 8 and 14 to Exhibit 2 (Declaration of Dana Keene). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Don Herrington. (Attachments: # 1 Exhibit Exhibit 2 – Declaration of Dana Keene & Attachments 2, 3, 8 and 14)(Keene, Dana) Modified on 6/7/2022 (KAH). (Entered: 06/06/2022)
06/07/2022 125 ORDER granting 123 MOTION to Seal Document Exhibit 1, Exhibit 2, and Attachments 2,3, 8 and 14 to Exhibit 2 (Declaration of Dana Keene). Signed by Judge James A Soto on 6/7/22. (KAH) (Entered: 06/07/2022)
06/07/2022 126 Sealed Document: Exhibit 1 – Separate Statement of Disputed Discovery by Don Herrington re: 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests. (Attachments: # 1 Exhibit 2 – Declaration of Dana Keene and Attachments 2, 3, 8 and 14) (KAH) (Entered: 06/07/2022)
06/08/2022 127 REPLY to Response to Motion re: 121 MOTION to Compel Responses to Interrogatories and Production of Documents (Corrected) filed by Don Herrington. (Attachments: # 1 Exhibit 1 -Email correspondence between counsel, # 2 Exhibit 2 – Email correspondence between counsel, # 3 Exhibit 3 – Correspondence from Defense counsel dated May 16, 2022, # 4 Exhibit 4 – Email correspondence between counsel, # 5 Exhibit 5 – Correspondence from Plaintiffs counsel dated April 28, 2022, # 6 Proposed Order)(Keene, Dana) (Entered: 06/08/2022)
06/10/2022 128 MOTION to Seal Document 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests /Motion to Seal Exhibit 2 (Dkt 122-2 ) by Don Herrington. (Attachments: # 1 Attachment Redacted version of the entire Exhibit at Dkt 122-2, # 2 Proposed Order)(Keene, Dana) (Entered: 06/10/2022)
06/10/2022 129 NOTICE re: Defendant’s Notice of Mailing Papers and Authorities by Don Herrington re: 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests . (Keene, Dana) (Entered: 06/10/2022)
06/13/2022 130 NOTICE re: Mailing Papers and Authorities by Laura Poe, Megan Roe, Rachel Voe re: 121 MOTION to Compel Responses to Interrogatories and Production of Documents (Corrected) . (Proksel, Colin) (Entered: 06/13/2022)
06/13/2022 131 MOTION to Continue Deadlines (Second Request) by Don Herrington. (Attachments: # 1 Proposed Order)(Keene, Dana) (Entered: 06/13/2022)
06/14/2022 132 ORDER granting 128 Motion to Seal Document 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests /Motion to Seal Exhibit 2 (Dkt 122-2 ). The Exhibit filed at Dkt. 122-2 shall remain sealed, and the Clerk’s Office shall file the Attachment to Defendant’s Motion to Seal Exhibit 2 on the public docket. Signed by Judge James A Soto on 6/13/22. (KAH) (Entered: 06/14/2022)
06/14/2022 133 Redacted version of the entire Exhibit at Dkt 122-2. (KAH) (Entered: 06/14/2022)
06/15/2022 134 NOTICE re: Defendant’s Notice of Mailing Papers and Authorities by Don Herrington re: 121 MOTION to Compel Responses to Interrogatories and Production of Documents (Corrected) . (Keene, Dana) (Entered: 06/15/2022)
06/15/2022 135 REPLY to Response to Motion re: 121 MOTION to Compel Responses to Interrogatories and Production of Documents (Corrected) filed by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Proksel, Colin) (Entered: 06/15/2022)
06/21/2022 136 NOTICE re: Defendant’s Notice of Mailing Papers and Authorities by Don Herrington re: 131 MOTION to Continue Deadlines (Second Request) . (Keene, Dana) (Entered: 06/21/2022)
06/21/2022 137 NOTICE re: Mailing Papers and Authorities by Laura Poe, Megan Roe, Rachel Voe re: 135 Reply to Response to Motion (Corrected) to Compel Responses to Interrogatories and Production of Documents. (Proksel, Colin) (Entered: 06/21/2022)
06/21/2022 138 RESPONSE in Opposition re: 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests filed by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Affidavit Colin Proksel Declaration, # 2 Proposed Order)(Proksel, Colin) (Entered: 06/21/2022)
06/24/2022 139 ORDER granting 131 Motion to Continue. Signed by Judge James A Soto on 6/24/22. (KR) (Entered: 06/24/2022)
06/28/2022 140 REPLY to Response to Motion re: 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests /Reply In Support of Motion to Compel Supplemental Responses to Defendant’s Discovery Requests filed by Don Herrington. (Keene, Dana) (Entered: 06/28/2022)
06/28/2022 141 NOTICE re: Mailing Papers and Authorities by Laura Poe, Megan Roe, Rachel Voe re: 138 Response in Opposition to Motion, . (Proksel, Colin) (Entered: 06/28/2022)
07/05/2022 142 NOTICE re: Defendant’s Notice of Mailing Papers and Authorities by Don Herrington re: 122 MOTION to Compel Plaintiffs’ Supplemental Responses to Defendant’s Discovery Requests . (Keene, Dana) (Entered: 07/05/2022)
07/07/2022 143 The Court shall hold oral arguments on Plaintiffs and Defendants motions to compel (Docs 121, 122) on Wednesday, July 13, 2022 at 2:00 p.m. in Courtroom 6A at the Evo A. DeConcini U.S. Courthouse at 405 West Congress Street, Tucson, AZ 85701. If any counsel is unable to appear in person, counsel shall file a motion to appear telephonically by no later than July 11, 2022.. Signed by Judge James A Soto on 7/7/22. (KR) (Entered: 07/07/2022)
07/09/2022 144 Consent MOTION for Leave to Appear Telephonically for Asaf Orr, Esq., on July 13, 2022 by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 07/09/2022)
07/11/2022 145 *MOTION to Appear Telephonically (July 13, 2022 oral argument) re: 143 Order, by Don Herrington. (Attachments: # 1 Proposed Order)(Keene, Dana) *Modified to correct motion type on 7/12/2022 (MYE). (Entered: 07/11/2022)
07/11/2022 Remark: Pro hac vice motion(s) granted for Christopher Lee Martin, Jr on behalf of Plaintiffs Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) (Entered: 07/11/2022)
07/11/2022 146 *MOTION re: 143 Order, to Appear Telephonically by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) *Modified to correct motion type on 7/12/2022 (MYE). (Entered: 07/11/2022))
07/12/2022 147 All of the pending motions to appear telephonically (Docs. 144, 145, 146) as to oral arguments on the motions to compel are granted. All counsel appearing telephonically shall call 866-390-1828 five minutes prior to the start of oral arguments. The access code is 2989170. For further logistical inquiries, the parties may contact the Courts Courtroom Deputy (Tiffany Dame) via email (Tiffany_Dame@azd.uscourts.gov) or phone ((520) 205-4682).. Signed by Judge James A Soto on 7/12/22. (KR) (Entered: 07/12/2022)
07/13/2022 148 MINUTE ENTRY for proceedings held before Judge James A Soto: Motion/Oral Argument Hearing held on 7/13/2022 regarding Plaintiff’s and Deendant’s Motions to Compel. Joint/Separate reports due 8/15/2022. (Court Reporter Cindy Shearman.) Hearing held 1:59pm to 3:14pm.(TAD) (Entered: 07/14/2022)
07/25/2022 149 TRANSCRIPT REQUEST by Laura Poe, Megan Roe, Rachel Voe for proceedings held on 7/13/2022, Judge James A Soto hearing judge(s). (Bowman, Payslie) (Entered: 07/25/2022)
07/28/2022 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT ON MOTIONS TO COMPEL proceedings held on 07/13/2022, before Judge JAMES A. SOTO. [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)
08/15/2022 151 STATUS REPORT of Plaintiffs re Outstanding Discovery Disputes by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Exhibit A)(Proksel, Colin) (Entered: 08/15/2022)
08/15/2022 152 STATEMENT of Outstanding Discovery Issues by Defendant Don Herrington. (Keene, Dana) (Entered: 08/15/2022)
08/18/2022 153 ORDER (Motions to Compel). Signed by Judge James A Soto on 8/18/22. (KR) (Entered: 08/18/2022)
09/13/2022 154 REPORT of Joint Submission Regarding Remaining Case Deadlines by Plaintiffs Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 09/13/2022)
09/16/2022 155 ORDER: Dispositive motions are due by 6/19/2023 and Joint Pretrial Order due by 7/24/2023. Signed by Judge James A Soto on 9/15/22. (See attached Order for complete details.)(MYE) (Entered: 09/16/2022)
09/22/2022 156 NOTICE of Deposition of Megan Roe, filed by Don Herrington. (Keene, Dana) (Entered: 09/22/2022)
09/22/2022 157 *NOTICE of Deposition of Laura Poe, filed by Don Herrington. (Keene, Dana) *Modified to reflect name on docket text does not match name on PDF on 9/23/2022 (MYE). (Entered: 09/22/2022)
09/22/2022 158 NOTICE of Deposition of Rachel Voe, filed by Don Herrington. (Keene, Dana) (Entered: 09/22/2022)
09/22/2022 159 *Document duplicate of entry of (Doc. 157). WITHDRAWAL OF DOCUMENT re: 157 Notice of Deposition by Defendant Don Herrington. (Keene, Dana) Modified on 9/23/2022 (MYE). (Entered: 09/22/2022)
09/22/2022 160 NOTICE of Deposition of Laura Poe, filed by Don Herrington. (Keene, Dana) (Entered: 09/22/2022)
10/03/2022 161 NOTICE OF ATTORNEY’S CHANGE OF ADDRESS/FIRM NAME by Colin Matthew Proksel. (Proksel, Colin) (Entered: 10/03/2022)
10/18/2022 162 NOTICE of Service of Discovery filed by Don Herrington. (Keene, Dana) (Entered: 10/18/2022)
12/08/2022 163 First MOTION for Extension of Time to File Response/Reply to Motion for Class Certification by Don Herrington. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Acedo, Nicholas) (Entered: 12/08/2022)
12/08/2022 164 ORDER: To (hopefully) allow the parties more flexibility in their schedules over the holidays, Defendants motion is granted inasmuch as the time to respond to the motion for class certification is extended until 1/13/23; Plaintiffs reply as to the motion for class certification shall be due by 2/24/23.. Signed by Judge James A Soto on 12/8/22. (KR) (Entered: 12/08/2022)
12/13/2022 Remark: Pro hac vice motion(s) granted for Jessica Lynn Taylor on behalf of Plaintiffs Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 12/13/2022)
12/29/2022 165 NOTICE of Deposition of Arizona Department of Health Services, filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 12/29/2022)
12/29/2022 166 NOTICE of Deposition of Krystal Colburn, filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 12/29/2022)
01/13/2023 167 MOTION to Seal Document by Don Herrington. (Attachments: # 1 Proposed Order)(Struck, Daniel) (Entered: 01/13/2023)
01/13/2023 168 FILED at (Doc. 172 ) SEALED LODGED Proposed Response to Plaintiffs’ Motion for Class Certification re: 167 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Don Herrington. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Struck, Daniel) Modified on 1/17/2023 (KAH). (Entered: 01/13/2023)
01/13/2023 169 *RESPONSE (Redacted) to Motion re: MOTION to Certify Class by Defendant Don Herrington. (Struck, Daniel) *Modified to remove link to lodged document on 1/17/2023 (MYE). (Entered: 01/13/2023)
01/17/2023 170 *RESPONSE to Motion re: 89 MOTION to Certify Class by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. Response to Motion for Class Certification filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) *Modified to correct linkage on 1/18/2023 (MCO). (Entered: 01/17/2023)
01/17/2023 171 ORDER granting 167 Motion to Seal Document. It is further ordered directing the Clerk’s Office to file under seal the unredacted version of Defendant’s Response to Motion for Class Certification and Exhibits 1-4 thereto. Signed by Judge James A Soto on 1/17/23. (KAH) (Entered: 01/17/2023)
01/17/2023 172 SEALED RESPONSE to Motion re: MOTION to Certify Class by Don Herrington. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(KAH) (Entered: 01/17/2023)
01/20/2023 173 Additional Attachments to Main Document re: 168 Sealed Lodged Proposed Document, Proposed Order Denying Plaintiffs’ Motion for Class Certification by Defendant Don Herrington. (Struck, Daniel) (Entered: 01/20/2023)
01/20/2023 174 Additional Attachments to Main Document re: 168 Sealed Lodged Proposed Document, Index to Exhibits to Defendant’s Response to Plaintiffs’ Motion for Class Certification by Defendant Don Herrington. (Struck, Daniel) (Entered: 01/20/2023)
01/20/2023 175 NOTICE re: Mailing Papers and Authorities by Don Herrington . (Keene, Dana) (Entered: 01/20/2023)
01/25/2023 Remark: Pro hac vice motion(s) granted for Rachel Berg on behalf of Plaintiffs Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/25/2023)
02/02/2023 176 MOTION to Withdraw as Attorney for Plaintiffs by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Proposed Order)(Orr, Asaf) (Entered: 02/02/2023)
02/02/2023 177 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 02/02/2023)
02/03/2023 178 ORDER granting Attorney Asaf Orr’s 176 Motion to Withdraw as Attorney. Signed by Judge James A Soto on 2/3/23. (JAM) (Entered: 02/03/2023)
02/09/2023 179 STIPULATION to Extend Deadlines by Don Herrington. (Attachments: # 1 Proposed Order)(Keene, Dana) (Entered: 02/09/2023)
02/09/2023 180 ORDER pursuant to 179 Stipulation: the deadlines in the Scheduling Order are amended as follows: Fact Discovery: April 28, 2023; Dispositive Motion Deadline: August 18, 2023; Joint Pretrial Order Deadline: September 18, 2023. Signed by Judge James A Soto on 2/9/23. (See attached Order for complete details.)(MYE) (Entered: 02/09/2023)
02/24/2023 181 REPLY to Response to Motion re: 89 MOTION to Certify Class filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 02/24/2023)
02/28/2023 182 NOTICE re: Mailing Papers and Authorities by Laura Poe, Megan Roe, Rachel Voe re: 181 Reply to Response to Motion for Class Certification. (Bowman, Payslie) (Entered: 02/28/2023)
03/02/2023 183 NOTICE of Deposition of Arizona Department of Health Services Rule 30b6 Representative(s), filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 03/02/2023)
03/02/2023 184 NOTICE of Deposition of Krystal Colburn, filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 03/02/2023)
03/02/2023 185 NOTICE of Deposition of Nicole Heath, filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 03/02/2023)
04/06/2023 186 NOTICE of Appearance by Anne Marie Orcutt on behalf of Don Herrington. (Orcutt, Anne) (Entered: 04/06/2023)
04/12/2023 187 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 04/12/2023)
05/08/2023 188 NOTICE re: Service of Plaintiffs’ Notice of Claim of Unconstitutionality Pursuant to A.R.S. § 12-1841 by Laura Poe, Megan Roe, Rachel Voe . (Proksel, Colin) (Entered: 05/08/2023)
05/10/2023 189 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 05/10/2023)
05/22/2023 190 The Court shall hold oral arguments on Plaintiffs motion for class certification on Thursday, June 8, 2023 at 1:30 p.m. in Courtroom 6A at the Evo A. DeConcini U.S. Courthouse at 405 West Congress Street, Tucson, AZ 85701. If any counsel is unable to appear in person, counsel shall file a motion to appear telephonically by no later than Tuesday, June 6, 2023.. Signed by Judge James A Soto on 5/22/23. (KR) (Entered: 05/22/2023)
05/25/2023 191 STIPULATION re: 190 Order, and Request to Reschedule Oral Argument on Plaintiffs’ Motion for Class Certification by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 05/25/2023)
05/26/2023 192 The parties stipulation to reset the oral argument date (Doc. 191) is granted; oral arguments on Plaintiffs motion for class certification is rescheduled to Thursday, June 22, 2023 at 1:30 p.m. in Courtroom 6A at the Evo A. DeConcini U.S. Courthouse at 405 West Congress Street, Tucson, AZ 85701. If any counsel is unable to appear in person, counsel shall file a motion to appear telephonically by no later than Tuesday, June 20, 2023. Signed by Judge James A Soto on 5/26/23. (KR) (Entered: 05/26/2023)
06/16/2023 193 DECLARATION of Rachel Berg in Support of Plaintiffs’ Motion for Class Certification by Plaintiffs Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 06/16/2023)
06/16/2023 194 MOTION for Leave to Appear Telephonically at June 22, 2023 Oral Argument by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 06/16/2023)
06/19/2023 195 MOTION for Leave to Appear Telephonically at June 22, 2023 Oral Argument by Don Herrington. (Attachments: # 1 Proposed Order)(Acedo, Nicholas) (Entered: 06/19/2023)
06/21/2023 196 All of the pending motions to appear telephonically (Docs. 194, 195) as to oral arguments on the motion for class certification are granted. All counsel appearing telephonically shall call 866-390-1828 five minutes prior to the start of oral arguments. The access code is 2989170. For further logistical inquiries, the parties may contact the Courts Courtroom Deputy (Tiffany Dame) via email (Tiffany_Dame@azd.uscourts.gov) or phone ((520) 205-4682).. Signed by Judge James A Soto on 6/21/23. (KR) (Entered: 06/21/2023)
06/22/2023 197

MINUTE ENTRY for proceedings held before Judge James A Soto: Motion Hearing regarding Class Certification held on 6/22/2023. The Court hears arguments from the parties and takes this matter under advisement.

 

APPEARANCES: Counsel for Plaintiff(s): Barrett J. Anderson, Jessica Lynn Taylor (telephonic), Colin Matthew Proksel, Christopher Lee Martin (telephonic), Rachel Berg, and Payslie Bowman (telephonic). Counsel for Defendant(s): Nicholas Daniel Acedo, Daniel Struck (telephonic), Patricia Cracchiolo LaMagna, and Dana M. Keene (telephonic). (Court Reporter Cindy Shearman.) Hearing held 1:29pm to 2:03pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 06/22/2023)

06/23/2023 198 MOTION to Withdraw as Attorney by Susan Doe, Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Proposed Order)(Martin, Christopher) (Entered: 06/23/2023)
06/26/2023 199 ORDER granting Christopher L. Martin, Jr.’s 198 Motion to Withdraw as Counsel for Plaintiffs. Signed by Judge James A Soto on 6/26/23. (MYE) (Entered: 06/26/2023)
07/09/2023 200 TRANSCRIPT REQUEST by Laura Poe, Megan Roe, Rachel Voe for proceedings held on June 22, 2023, Judge James A Soto hearing judge(s). (Proksel, Colin) (Entered: 07/09/2023)
07/10/2023 201 NOTICE TO FILER OF DEFICIENCY re: AO 435 200 Transcript Request filed by Megan Roe, Rachel Voe, Laura Poe. Item 18 – ORDER: (CATEGORY) A box under FIRST COPY was incorrectly checked. An original has not yet been ordered and prepared. E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under ORIGINAL + 1 only and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCH) (Entered: 07/10/2023)
07/10/2023 202 AMENDED TRANSCRIPT REQUEST pursuant to 201 Notice of Deficiency by Laura Poe, Megan Roe, Rachel Voe for proceedings held on 6/22/2023, Judge James A Soto hearing judge(s). (Proksel, Colin) (Entered: 07/10/2023)
07/10/2023 203 NOTICE of Deposition of Dr. Randi C. Ettner, filed by Don Herrington. (Keene, Dana) (Entered: 07/10/2023)
07/10/2023 204 NOTICE of Deposition of Dr. Daniel Shumer, filed by Don Herrington. (Keene, Dana) (Entered: 07/10/2023)
07/14/2023 205 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 06/22/2023 before Judge JAMES A. SOTO. [Court Reporter: Cindy J. Shearman, RDR, CRR, CRC, Telephone number (520) 205-4286]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court’s public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023. (RAP) (Entered: 07/20/2023)
07/25/2023 206 MOTION to Quash Subpoenas to Plaintiffs experts, Dr Daniel Shumer and Dr. Randi Ettner by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Exhibit Shumer Subpoena Duces Tecum Packet, # 2 Exhibit Ettner Subpoena Duces Tecum Packet, # 3 Proposed Order)(Proksel, Colin) (Entered: 07/25/2023)
07/27/2023 207 MOTION for Extension of Time re Remaining Deadlines by Don Herrington. (Attachments: # 1 Proposed Order)(Keene, Dana) (Entered: 07/27/2023)
08/02/2023 208 RESPONSE in Opposition re: 207 MOTION for Extension of Time re Remaining Deadlines filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 08/02/2023)
08/02/2023 209 NOTICE of Service of Discovery filed by Laura Poe, Megan Roe, Rachel Voe. (Proksel, Colin) (Entered: 08/02/2023)
08/07/2023 210 REPLY re: 207 MOTION for Extension of Time re Remaining Deadlines by Defendant Don Herrington. (Keene, Dana) (Entered: 08/07/2023)
08/08/2023 211 NOTICE by Don Herrington re: 207 MOTION for Extension of Time re Remaining Deadlines (Re: Notice of Mailing Papers and Authorities). (Keene, Dana) (Entered: 08/08/2023)
08/08/2023 212 NOTICE of Attorney Withdrawal (Re: Disassociation and Withdrawal of Anne M. Orcutt for Defendant) filed by Dana M Keene. (Keene, Dana) (Entered: 08/08/2023)
08/08/2023 213 RESPONSE in Opposition re: 206 MOTION to Quash Subpoenas to Plaintiffs experts, Dr Daniel Shumer and Dr. Randi Ettner filed by Don Herrington. (Attachments: # 1 Exhibit 01 – 03, # 2 Proposed Order)(Keene, Dana) (Entered: 08/08/2023)
08/10/2023 214 ORDER (granting class certification, granting motion to extend deadlines, denying motion to quash or for a protective order). Signed by Judge James A Soto on 8/10/23. (KR) (Entered: 08/10/2023)
08/15/2023 215 STIPULATION (JOINT STIPULATION EXTENDING REMAINING CASE DEADLINES) by Laura Poe, Megan Roe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 08/15/2023)
08/16/2023 216 ORDER EXTENDING REMAINING CASE DEADLINES: The Parties’ Joint Stipulation (Doc. 215 ) is granted. Summary judgment motions are due no later than 10/25/23; and the joint pretrial order (“PTO”) is due by no later than 11/21/23. Signed by Judge James A Soto on 8/16/23. (See attached Order for complete details.)(MYE) (Entered: 08/16/2023)
10/20/2023 217 *MOTION Notice of Party Substitution and Motion to Amend Caption by Don Herrington. (Attachments: # 1 Proposed Order)(Acedo, Nicholas) *Modified to correct motion type on 10/23/2023 (MYE). (Entered: 10/20/2023)
10/24/2023 218 STIPULATION (JOINT STIPULATION EXTENDING REMAINING CASE DEADLINES) by Laura Poe, Megan Roe, Lizette Trujillo, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 10/24/2023)
10/24/2023 219 ORDER granting 218 Stipulation. Signed by Judge James A Soto on 10/24/23. (KR) (Entered: 10/24/2023)
10/25/2023 220 ORDER granting 217 Motion to Amend Caption. The Clerk shall amend the caption to read: “Helen Roe, a minor, by and through her parent and next friend Megan Roe; James Poe, a minor, by and through his parent and next friend Laura Poe; and Carl Voe, a minor, by and through his parent and next friend, Rachel Voe, Plaintiffs, v. Jennie Cunico, in her official capacity as State Registrar of Vital Records and Director of the Arizona Department of Health Services, Defendant”. Signed by Judge James A Soto on 10/24/23. (JAM) (Entered: 10/25/2023)
11/02/2023 221 STIPULATION REGARDING BRIEFING SCHEDULE FOR PARTIES MOTIONS FOR SUMMARY JUDGMENT (JOINT) by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 11/02/2023)
11/02/2023 222 STIPULATION RE NAMED PLAINTIFFS (JOINT) by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Affidavit Colin M. Proksel, # 2 Proposed Order)(Proksel, Colin) (Entered: 11/02/2023)
11/02/2023 223 *SEALED EXHIBITS A-F TO STIPULATED NOTICE OF THE PARTIES AGREEMENT CONCERNING NAMED PLAINTIFFS BIRTH CERTIFICATES re: 222 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Proposed Order)(Proksel, Colin) *Modified on 11/2/2023 from lodged to filed (KAH). (Entered: 11/02/2023)
11/02/2023 224 ORDER sealing documents related to 222 Stipulation: Notice Concerning Named Plaintiffs’ Birth Certificates. Exhibits A, B, C, D, E, and F to the Stipulation, which have been lodged with the Court, shall be sealed in their entirety. The Order to Amend Helen Roe’s Birth Certificate, Order to Amend James Poe’s Birth Certificate, and Order to Amend Carl Voe’s Birth Certificate issued by this Court shall be sealed in their entirety. Signed by Judge James A Soto on 11/2/23. (KAH) (Entered: 11/02/2023)
11/03/2023 225 SEALED ORDER TO AMEND CARL VOE’S BIRTH CERTIFICATE. Signed by Judge James A Soto on 11/2/23. (cc: Counsel for Plaintiffs and Defendants) (KAH) (Entered: 11/03/2023)
11/03/2023 226 SEALED ORDER TO AMEND HELEN ROE’S BIRTH CERTIFICATE. Signed by Judge James A Soto on 11/2/23. (cc: Counsel for Plaintiffs and Defendants)(KAH) (Entered: 11/03/2023)
11/03/2023 227 SEALED ORDER TO AMEND JAMES POE’S BIRTH CERTIFICATE. Signed by Judge James A Soto on 11/2/23. (cc: Counsel for Plaintiffs and Defendants)(KAH) (Entered: 11/03/2023)
11/03/2023 228 ORDER granting the 221 Joint Stipulation and adopting the Parties’ stipulated briefing schedule for summary judgment motions directed only to the merits of Plaintiffs’ constitutional claims. IT IS FURTHER ORDERED that: The Parties shall file cross-motions for summary judgment directed only to the merits of Plaintiffs’ constitutional claims on or before November 17, 2023. IT IS FURTHER ORDERED that the Parties shall file a joint stipulated briefing schedule for addressing an appropriate remedy within 30 days of the entry of an order granting any of Plaintiffs’ requests for declaratory relief. (See attached Order for complete details.) Signed by Judge James A Soto on 11/2/23. (MYE) (Entered: 11/03/2023)
11/17/2023 229 STIPULATION (JOINT STIPULATION REGARDING SEALING EXHIBITS TO THE PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT) by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 11/17/2023)
11/17/2023 230 MOTION for Summary Judgment by Jennie Cunico. (Struck, Daniel) (Entered: 11/17/2023)
11/17/2023 231 STATEMENT OF FACTS re: 230 MOTION for Summary Judgment by Defendant Jennie Cunico. (Attachments: # 1 Index to Exhibits and Appendix, # 2 Exhibit 1-6, # 3 Appendix 1-12, # 4 Appendix 13-23, # 5 Proposed Order)(Struck, Daniel) (Entered: 11/17/2023)
11/17/2023 232 MOTION for Summary Judgment by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 11/17/2023)
11/17/2023 233 STATEMENT OF FACTS re: 232 MOTION for Summary Judgment by Plaintiffs James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Affidavit Declaration of Colin Proksel, # 2 Exhibit 1-7, # 3 Exhibit 8 Part 1 of 3, # 4 Exhibit 8 Part 2 of 3, # 5 Exhibit 8 Part 3 of 3, # 6 Exhibit 9-12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15-18, # 10 Exhibit 19-26, # 11 Exhibit 27, # 12 Exhibit 28-35)(Proksel, Colin) (Entered: 11/17/2023)
11/17/2023 234 FILED AT DOC. 236 PURSUANT TO ORDER DOC. 235 —-SEALED LODGED Proposed Certain Exhibits to Proksel Declaration (Dkt. 233) re: 229 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 28, # 7 Exhibit 29, # 8 Exhibit 30)(Proksel, Colin) Modified on 11/21/2023 (DLC). (Entered: 11/17/2023)
11/21/2023 235 ORDER Sealing Exhibits to the Parties’ Cross-Motions for Summary Judgment. Signed by Judge James A Soto on 11/20/2023. (DLC) (Entered: 11/21/2023)
11/21/2023 236 Sealed Document: Exhibits to 232 Cross-Motions for Summary Judgment by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26-1, # 6 Exhibit 26-2, # 7 Exhibit 26, # 8 Exhibit 28, # 9 Exhibit 29, # 10 Exhibit 30)(DLC) (Entered: 11/21/2023)
11/28/2023 237 NOTICE re: of Mailing Papers and Authorities by Susan Doe, James Poe, Laura Poe, Helen Roe, Megan Roe, Lizette Trujillo, Carl Voe, Rachel Voe re: 7 Order, . (Proksel, Colin) (Entered: 11/28/2023)
11/28/2023 238 Sealed Document: Mail Returned (Docs. 225-227) as to attorney Aubrey Corcoran. Not deliverable as addressed. (KAH) (Entered: 12/05/2023)
12/07/2023 239 NOTICE re: of Mailing Papers and Authorities by Jennie Cunico re: 230 MOTION for Summary Judgment , 231 Statement of Facts, . (Struck, Daniel) (Entered: 12/07/2023)
12/19/2023 240 Joint MOTION for Extension of Time to File Response/Reply Re: Joint Stipulated Motion to Extend Deadline to File Responses to Motions for Summary Judgment by Jennie Cunico. (Attachments: # 1 Proposed Order)(Acedo, Nicholas) (Entered: 12/19/2023)
12/21/2023 241 ORDER granting time extension. Signed by Judge James A Soto on 12/21/23. (KR) (Entered: 12/21/2023)
12/22/2023 242 STIPULATION (JOINT) (RE SEALING EXHIBITS TO THE PARTIES OPPOSITIONS TO CROSS-MOTIONS FOR SUMMARY JUDGMENT) by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 12/22/2023)
12/22/2023 243 RESPONSE to Motion re: 232 MOTION for Summary Judgment filed by Jennie Cunico. (Attachments: # 1 Proposed Order)(Struck, Daniel) (Entered: 12/22/2023)
12/22/2023 244 STATEMENT OF FACTS re: 232 MOTION for Summary Judgment , 243 Response to Motion for Summary Judgment, 233 Statement of Facts, by Defendant Jennie Cunico. (Struck, Daniel) (Entered: 12/22/2023)
12/22/2023 245 RESPONSE to Motion re: 230 MOTION for Summary Judgment filed by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Proksel, Colin) (Entered: 12/22/2023)
12/22/2023 246 STATEMENT OF FACTS re: 245 Response to Motion for Summary Judgment by Plaintiffs James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Affidavit Colin Proksel Esq., # 2 Exhibit 36, # 3 Exhibit 37, # 4 Exhibit 38)(Proksel, Colin) (Entered: 12/22/2023)
12/27/2023 247 SEALED LODGED Proposed New Exhibit 26 Plaintiffs Motion for Summary Judgment re: 242 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Exhibit Exhibit 26, Part 2 of 3, # 2 Exhibit Exhibit 26, Part 3 of 3)(Proksel, Colin) (Entered: 12/27/2023)
12/27/2023 248 ORDER pursuant to 242 Stipulation Regarding Sealing Exhibits to the Parties’ Oppositions to Cross-Motions for Summary Judgment. Plaintiffs may file with their forthcoming Opposition to Defendant’s Motion for Summary Judgment a redacted version of the transcript of the deposition of Nicole Heath from this litigation. Plaintiffs may lodge with the Court updated versions of Plaintiffs’ Exhibits 6, 7, and 26, as previously submitted with Plaintiffs’ Motion for Summary Judgment, and these documents shall remain sealed in their entirety. Signed by Judge James A Soto on 12/22/23. (KAH) (Entered: 12/27/2023)
01/01/2024 249 NOTICE re: REPLACEMENT PAGES FOR EXHIBIT FIVE IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe re: 233 Statement of Facts, . (Attachments: # 1 Exhibit Replacement pages to Exhibit 5 to Plaintiffs Separate Statement of Facts in support of their Motion for Summary Judgment)(Proksel, Colin) (Entered: 01/01/2024)
01/01/2024 250 SEALED LODGED Proposed Replacement pages to Under Seal Exhibit 26 to Plaintiffs Separate Statement of Facts in support of their Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Exhibit Replacement pages to Under Seal Exhibit 26 to Plaintiffs Separate Statement of Facts in support of their Motion for Summary Judgment)(Proksel, Colin) (Entered: 01/01/2024)
01/05/2024 251 NOTICE re: Mailing Papers and Authorities by James Poe, Helen Roe, Carl Voe re: 245 Response to Motion for Summary Judgment, 246 Statement of Facts, . (Proksel, Colin) (Entered: 01/05/2024)
01/05/2024 252 NOTICE re: Mailing Papers and Authorities by Jennie Cunico Re: Defendants Response to Plaintiffs Motion for Summary Judgment (Dkt 243). (Acedo, Nicholas) (Entered: 01/05/2024)
01/09/2024 253 Joint MOTION for Extension of Time to File Response/Reply Re: Deadline to File Replies in Support of Motions for Summary Judgment by Jennie Cunico. (Attachments: # 1 Proposed Order)(Acedo, Nicholas) (Entered: 01/09/2024)
01/09/2024 254 ORDER granting 253 Motion for Extension of Time. Signed by Judge James A Soto on 1/9/24. (KR) (Entered: 01/09/2024)
01/17/2024 255 REPLY to Response to Motion re: 232 MOTION for Summary Judgment filed by James Poe, Helen Roe, Carl Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 01/17/2024)
01/17/2024 256 REPLY to Response to Motion re: 230 MOTION for Summary Judgment filed by Jennie Cunico. (Struck, Daniel) (Entered: 01/17/2024)
01/23/2024 257 NOTICE re: Mailing Papers and Authorities by Jennie Cunico re: 256 Reply to Response to Motion . (Acedo, Nicholas) (Entered: 01/23/2024)
01/23/2024 258 NOTICE by Susan Doe, James Poe, Laura Poe, Helen Roe, Carl Voe, Rachel Voe re: 255 Reply to Response to Motion Mailing Papers and Authorities by Plaintiffs. (Proksel, Colin) (Entered: 01/23/2024)
02/28/2024 259 MOTION to Withdraw as Attorney (Barrett J. Anderson) by James Poe, Laura Poe, Helen Roe, Megan Roe, Carl Voe, Rachel Voe. (Attachments: # 1 Proposed Order)(Proksel, Colin) (Entered: 02/28/2024)
03/04/2024 260 ORDER granting 259 Motion to Withdraw as Counsel for Plaintiffs and the Class. Attorney Barrett J Anderson terminated. Signed by Judge James A Soto on 3/1/24. (MYE) (Entered: 03/04/2024)
03/29/2024 261 ORDER (The Court shall hold oral arguments on Plaintiffs and Defendants motions for summary judgment (Docs. 230, 232) on Monday, June 10, 2024 at 1:30 p.m.; If any counsel is unable to appear in person, counsel shall file a motion to appear telephonically by no later than Wednesday, June 5, 2024; The Court will issue one order on June 6, 2024 granting all pending motions to appear telephonically). Signed by Judge James A Soto on 3/29/24. (KR) (Entered: 03/29/2024)

Last updated 04/14/2024
Reconciled with online docket 04/09/2024