Court Dockets
U.S. District Court
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:21-cv-01568-MTL

Brnovich v. Biden et al

DOCKET INFORMATION
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Date Filed: Sep 14, 2021
Nature of suit:440 Civil Rights: Other
Assigned to:Judge Michael T Liburdi
Case in other court:Ninth Circuit, 22-15518
Cause:28:2201 Declaratory Judgment
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
Mark Brnovich
in his official capacity as Attorney General of Arizona
Plaintiff
Representation
Brunn Wall Roysden , III
Office of the Attorney General-Phoenix
2005 N Central Ave.
Phoenix, AZ 85004-1592
(602) 542-8540
Fax: (602) 798-5595
beau.roysden@azag.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Drew Curtis Ensign
Office of the Attorney General-Phoenix
2005 N Central Ave.
Phoenix, AZ 85004-1592
(602) 542-8540
Fax: (602) 542-4377
drew.ensign@azag.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		James Kenneth Rogers
Office of the Attorney General-Phoenix
2005 N Central Ave.
Phoenix, AZ 85004-1592
(602) 542-8540
james.rogers@azag.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joseph Andrew Kanefield
Office of the Attorney General-Phoenix
2005 N Central Ave.
Phoenix, AZ 85004-1592
(602) 542-8540
joseph.kanefield@azag.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Plaintiff
Arizona, State of
Plaintiff
Representation
Brunn Wall Roysden , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Drew Curtis Ensign
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		James Kenneth Rogers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joseph Andrew Kanefield
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Plaintiff
Al Reble
previously named John Doe
TERMINATED: 02/10/2022
Plaintiff
Representation
Davis P Bauer
Wilenchik & Bartness PC
2810 N 3rd St., Ste. 103
Phoenix, AZ 85004
(602) 279-6933
davisb@wb-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Dennis Ira Wilenchik
Wilenchik & Bartness PC
2810 N 3rd St., Ste. 103
Phoenix, AZ 85004
(602) 606-2810
Fax: (602) 606-2811
admin@wb-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		John Douglas Wilenchik
Wilenchik & Bartness PC
2810 N 3rd St., Ste. 103
Phoenix, AZ 85004
(602) 606-2810
jackw@wb-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Plaintiff
Phoenix Law Enforcement Association
TERMINATED: 02/10/2022
Plaintiff
Representation
Cassidy Layne Bacon
Napier Coury & Baillie PC
2525 E Arizona Biltmore Cir., Ste. 135
Phoenix, AZ 85016
(602) 248-9107
Fax: (602) 248-0971
clbacon@napierlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Eric Reginald Wilson
Napier Coury & Baillie PC
2525 E Arizona Biltmore Cir., Ste. 135
Phoenix, AZ 85016
(602) 248-9107
ewilson@napierlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Michael Napier
Napier Coury & Baillie PC
2525 E Arizona Biltmore Cir., Ste. 135
Phoenix, AZ 85016
(602) 248-9107
Fax: (602) 248-0971
mnapierpc@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Plaintiff
United Phoenix Firefighters Association Local 493
TERMINATED: 02/10/2022
Plaintiff
Representation
Cassidy Layne Bacon
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Eric Reginald Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Michael Napier
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Joseph R Biden
in his official capacity as President of the United States
Defendant
Representation
Christopher M Lynch
110 L St. NW
Washington, DC 20005
(202) 220-1108
Fax: (202) 220-2300
christopher.m.lynch@usdoj.gov
US Dept of Justice - Civil Division Fed Programs Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Elissa Fudim
US Dept of Justice - Civil Rights (Pennsylvania Ave.)
950 Pennsylvania Ave. 5th Fl.
Washington, DC 20530-0001
(202) 451-7460
elissa.p.fudim@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
1100 L St. NW
Washington, DC 20005
(202) 514-3367
Fax: (202) 616-8460
joseph.demott@usdoj.gov
US Dept of Justice - Civil Division Federal Programs Branch
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin Wynosky
US Dept of Justice
1100 L St NW, Rm. 12400
Washington, DC 20530
(202) 451-7746
Kevin.J.Wynosky@usdoj.gov
ATTORNEY TO BE NOTICED		Robert Charles Merritt
1100 L St. NW
Washington, DC 20005
(202) 616-8098
robert.c.merritt@usdoj.gov
US Dept of Justice - Civil Division
ATTORNEY TO BE NOTICED
 Defendant
Alejandro Mayorkas
in his official capacity as Secretary of Homeland Security
Defendant
Representation
Christopher M Lynch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Elissa Fudim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
United States Department of Homeland Security
Defendant
Representation
Christopher M Lynch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Elissa Fudim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Troy Miller
in his official capacity as Senior Official Performing the Duties of the Commissioner of US Customs and Border Protection
Defendant
Representation
Christopher M Lynch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED
Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Tae Johnson
in his official capacity as Senior Official Performing the Duties of Director of US Immigration and Customs Enforcement
Defendant
Representation
Christopher M Lynch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Elissa Fudim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Ur M Jaddou
in her official capacity as Director of US Citizenship and Immigration Services
Defendant
Representation
Elissa Fudim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED
Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
United States Office of Personnel Management
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Kiran Ahuja
in her official capacity as director of the Office of Personnel Management and as co-chair of the Safer Federal Workforce Task Force
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
General Services Administration
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Robin Carnahan
in her official capacity as administrator of the General Services Administration and as co-chair of the Safer Federal Workforce Task Force
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Office of Management and Budget
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Shalanda Young
in her official capacity as Acting Director of the Office of Management and Budget and as a member of the Safer Federal Workforce Task Force
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Safer Federal Workforce Task Force
SFWTF
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Jeffrey Zients
in his official capacity as co-chair of the Safer Federal Workforce Task Force and COVID-19 Response Coordinator
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Kevin Wynosky
(See above for address)
ATTORNEY TO BE NOTICED		Robert Charles Merritt
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
L Eric Patterson
in his official capacity as Director of the Federal Protective Service and member of the SFWTF
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
James M Murray
in his official capacity as Director of the United States Secret Service and member of the SFWTF
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Deanne Criswell
in her official capacity as Director of the Federal Emergency Management Agency and member of the SFWTF
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Rochelle Walensky
in her official capacity as Director of the Centers for Disease Control and Prevention and member of the SFWTF
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Centers for Disease Control and Prevention
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Federal Acquisition Regulatory Council
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Mathew C Blum
in his official capacity as Chair of the Federal Acquisition Regulatory Council and Acting Administrator of the Office of Federal Procurement Policy, Office of Management and Budget
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Lesley A Field
in her official capacity as a member of the Federal Acquisition Regulatory Council and Acting Administrator for Federal Procurement at the Office of Federal Procurement Policy, Office of Management and Budget
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Karla S Jackson
in her official capacity as a member of the Federal Acquisition Regulatory Council and Assistant Administrator for Procurement at the National Aeronautics and Space Administration
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Jeffrey A Koses
in his official capacity as a member of the Federal Acquisition Regulatory Council and Senior Procurement Executive at the General Services Administration
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
John M Tenaglia
in his official capacity as a member of the Federal Acquisition Regulatory Council and Principal Director of Defense Pricing and Contracting at the Department of Defense
Defendant
Representation
Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
United States of America
Defendant
Representation
Elissa Fudim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joseph John DeMott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 Defendant
Phoenix, City of
TERMINATED: 02/10/2022
Defendant
Representation
Eric Michael Fraser
Osborn Maledon PA
P.O. Box 36379
Phoenix, AZ 85067-6379
(602) 640-9321
Fax: (602) 640-9050
efraser@omlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Hayleigh Susan Crawford
Osborn Maledon PA
P.O. Box 36379
Phoenix, AZ 85067-6379
(602) 640-9317
Fax: (602) 640-9050
hcrawford@omlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joshua David R Bendor
Osborn Maledon PA
P.O. Box 36379
Phoenix, AZ 85067-6379
(602) 640-9000
jbendor@omlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
United States Department of Justice
named Department of Justice
Defendant
Defendant
Merrick Garland
in his official capacoty as Attorney General of the United States
Defendant

Docket Entries

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EntryFiledPDFDescription
1Sep 14, 2021ViewCOMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19860462 filed by Arizona, State of, Mark Brnovich.(Rogers, James) (Attachments: # 1 Civil Cover Sheet)(REM) (Entered: 09/14/2021)
2Sep 14, 2021RequestFiling fee paid, receipt number 0970-19860462. This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-21-01568-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REM) (Entered: 09/14/2021)
3Sep 15, 2021RequestAdditional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Joseph R. Biden by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)
4Sep 15, 2021RequestAdditional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Alejandro Mayorkas by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)
5Sep 15, 2021RequestAdditional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Tae Johnson by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)
6Sep 15, 2021RequestAdditional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Troy Miller by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)
7Sep 15, 2021RequestAdditional Attachments to Main Document re: 1 Complaint Summons in a Civil Action United States Department of Homeland Security by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)
8Sep 15, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)
9Sep 15, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)
10Sep 15, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)
11Sep 15, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)
12Sep 15, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)
13Sep 16, 2021RequestSummons Issued as to Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/16/2021)
Oct 12, 2021NOTICE of request for e-notices by James Christian. (Christian, James) (Entered: 10/12/2021)
14Oct 22, 2021ViewAMENDED COMPLAINT against All Defendants filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James) (Entered: 10/22/2021)
15Oct 22, 2021RequestMOTION for Leave to File Excess Pages for Motion for a Temporary Restraining Order and Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order Proposed Order for Motion to Exceed Page Limits, # 2 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction, # 3 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (1 of 2), # 4 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (2 of 2), # 5 Proposed Order Proposed Order for Motion for a Temporary Restraining Order and Preliminary Injunction)(Rogers, James) (Entered: 10/22/2021)
16Oct 22, 2021RequestMOTION To Proceed Pseudonymously by John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 10/22/2021)
17Oct 22, 2021View*MOTION to Expedite Briefing schedule of Plaintiffs' Proposed TRO and PI Motion by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) *Modified to remove incorrect filer on 10/25/2021 (SST). (Entered: 10/22/2021)
18Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
19Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
20Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
21Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
22Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
23Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
24Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
25Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
26Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
27Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
28Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
29Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
30Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
31Oct 22, 2021RequestSUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)
32Oct 22, 2021RequestORDER granting 15 Plaintiff's Motion for Leave to File Excess Pages. Plaintiffs shall be permitted to file the Proposed Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs are ordered to file the motion within 24 hours of this Order. FURTHER ORDERED that Defendants may file a consolidated 34-page response. Plaintiffs may file a reply not exceeding 20 pages. FURTHER ORDERED denying 17 Motion to Expedite, without prejudice. Plaintiffs may refile this motion after filing the Notice described in the Order. FINALLY ORDERED that Plaintiff's Motion for Leave to Proceed Pseudonymously (Doc. 16 ) remains pending. Signed by Judge Michael T Liburdi on 10/22/21. (SJF) (Entered: 10/22/2021)
33Oct 22, 2021Request*NOTICE re: Notice in Compliance with Court's 10/22/21 Order by Mark Brnovich, Arizona, State of . (Rogers, James) *Modified to add additional filer on 10/25/2021 (SST). (Entered: 10/22/2021)
34Oct 22, 2021View*Second MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Mark Brnovich, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James). *Modified to add motion part and additional filer; attorney noticed on 10/25/2021 (SST). (Entered: 10/22/2021)
35Oct 22, 2021Request*NOTICE OF ATTORNEY APPEARANCE: Joseph John DeMott appearing for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)
36Oct 22, 2021View*Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) *Modified to correct filers on 10/26/2021 (SST). (Entered: 10/22/2021)
37Oct 22, 2021Request*NOTICE OF ATTORNEY APPEARANCE: Christopher M Lynch for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Lynch, Christopher) *Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)
38Oct 22, 2021ViewRESPONSE in Opposition re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) (Entered: 10/22/2021)
39Oct 22, 2021ViewREPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/22/2021)
40Oct 22, 2021RequestORDER: IT IS ORDERED setting a Status Conference for Tuesday, 10/26/2021 at 10:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. Ordered by Judge Michael T. Liburdi on 10/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 10/22/2021)
41Oct 25, 2021RequestSummons Issued as to Kiran Ahuja, Robin Carnahan, General Services Administration, Ur M Jaddou, Office of Management and Budget, Safer Federal Workforce Task Force, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/25/2021)
42Oct 25, 2021RequestAFFIDAVIT of Service by Certified Mail by Plaintiffs Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/25/2021)
43Oct 25, 2021ViewREPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction , 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe. (Wilenchik, John) (Entered: 10/25/2021)
44Oct 26, 2021RequestMINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 10/26/2021. IT IS ORDERED granting Plaintiffs' Motion for expedited briefing schedule, (Doc. 36 ), to the extent that Defendants' responsive brief is due by 11/2/2021. Plaintiffs' reply is due by 11/5/2021. IT IS FURTHER ORDERED setting oral argument on the Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), for Wednesday, 11/10/2021 at 08:30 AM, in Courtroom 504.See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 10:03 AM to 10:39 AM. (RMW) (Entered: 10/26/2021)
45Oct 26, 2021RequestTRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 10/26/2021)
46Oct 26, 2021RequestTRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 10/26/2021)
47Oct 27, 2021Request*NOTICE of Appearance by Davis P. Bauer on behalf of John Doe. Within Firm. (Wilenchik, Dennis) *Modified to reflect correct event; attorney noticed on 10/28/2021 (SST). (Entered: 10/27/2021)
54Oct 28, 2021ViewNOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings held on 10/26/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/5/2021 (RAP). (Entered: 11/05/2021)
48Oct 29, 2021ViewNOTICE re: OF ADDITIONAL LEGAL AND FACTUAL DEVELOPMENTS by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit Church v. Biden DDC Court Order, Oct 29, 2021, # 2 Affidavit Second Declaration of James K. Rogers and Exhibits, # 3 Affidavit Declaration of Rebekah Browder, and Exhibits, # 4 Affidavit Declaration of Dawn Northup, and Exhibits)(Rogers, James) (Entered: 10/29/2021)
49Oct 30, 2021RequestMOTION for Extension of Time to File Response/Reply as to 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , MOTION for Leave to File Excess Pages for Response to Second MOTION for Preliminary Injunction by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 10/30/2021)
50Nov 1, 2021RequestORDER granting Defendants' unopposed Motion for Extension of Time and Enlargement of Page Limit (Doc. 49). Defendants' opposition to Plaintiffs' pending Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 34) shall be due on Thursday, November 4, 2021. Defendants' opposition shall not exceed 41 pages. Plaintiffs' reply brief shall be due on Monday, November 8, 2021. Oral argument on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction remains set for Wednesday, November 10, 2021, at 8:30 AM in Courtroom 504. ORDERED by Judge Michael T. Liburdi on this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/01/2021)
51Nov 4, 2021RequestNOTICE OF ATTORNEY APPEARANCE: Kevin Wynosky appearing for Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. . (Wynosky, Kevin) (Entered: 11/04/2021)
52Nov 4, 2021ViewRESPONSE in Opposition re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Exhibit Marks Decl., # 2 Exhibit Hawes Decl.)(DeMott, Joseph) (Entered: 11/04/2021)
53Nov 5, 2021ViewRESPONSE in Opposition re: 16 MOTION To Proceed Pseudonymously filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 11/05/2021)
55Nov 8, 2021RequestNOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Opinion Denying Mot. for PI/TRO, Church v. Biden, No. 1:21-cv-2815 (D.D.C.))(DeMott, Joseph) (Entered: 11/08/2021)
56Nov 8, 2021RequestMOTION for Leave to File Excess Pages by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order, # 2 Attachment, # 3 Exhibit)(Rogers, James) (Entered: 11/08/2021)
57Nov 9, 2021RequestORDER: The Court has been generous with page extensions. Indeed, in its October 22, 2021 Order granting Plaintiffs' leave to file an overlength opening brief, the Court, despite Plaintiffs not asking for one at the time, anticipated the need for an overlength reply brief. That order preemptively granted Plaintiffs leave to file a 20-page reply. (See Doc. 32.) Now, on the day that the reply brief was due, and well into the evening, Plaintiffs filed a motion requesting leave to file a 33-page reply. (Doc. 56.) The motion does not cite the Court's prior order. Instead, it references the 11-page limit established by local rule. This suggests that Plaintiffs' counsel did not read the prior order carefully. Accordingly, the Motion for leave to file an overlength reply (Doc. 56) is denied. It is ordered that Plaintiffs shall file a reply brief not exceeding 20 pages no later than 11:00 am today, November 9, 2021. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/09/2021)
58Nov 9, 2021ViewREPLY to Response to Motion re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021)
59Nov 9, 2021RequestNOTICE of Appearance by Robert Charles Merritt on behalf of Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Merritt, Robert) (Entered: 11/09/2021)
60Nov 9, 2021RequestNOTICE re: of Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit Smith decision, # 2 Exhibit Altschuld decision)(Merritt, Robert) (Entered: 11/09/2021)
61Nov 9, 2021Request*SERVICE EXECUTED by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to correct event on 11/10/2021 (WLP). (Entered: 11/09/2021)
62Nov 9, 2021RequestNOTICE re: of Additional Factual Development by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021)
63Nov 10, 2021RequestTRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 11-10-21, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 11/10/2021)
64Nov 10, 2021ViewMINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 11/10/2021. IT IS ORDERED that Plaintiffs shall file their amended complaint and motion for preliminary relief by Friday, 11/19/2021. Defendants shall file their response by no later than 5:00 PM EST, on Friday, 12/3/2021. Plaintiffs' reply is due by Wednesday, 12/8/2021. IT IS FURTHER ORDERED that Plaintiffs' Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), is denied without prejudice to refiling as directed on the record. (Court Reporter Barbara Stockford) See the attached pdf for complete details. Hearing held 8:34 AM to 11:49 AM. (RMW) (Entered: 11/10/2021)
65Nov 11, 2021RequestNOTICE re: DETERMINATION OF THE ACTING OMB DIRECTOR by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit)(DeMott, Joseph) (Entered: 11/11/2021)
66Nov 11, 2021RequestTRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 11/10/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 11/11/2021)
68Nov 11, 2021Request**(AMENDED TRANSCRIPT FILED AT DOC. 69 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). **Modified to reference amended version and create docket entry relationship on 11/15/2021 (RAP). (Entered: 11/15/2021)
69Nov 11, 2021RequestNOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. Amended to remove 'Telephonic' notation on page 2, the appearance page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). (Entered: 11/15/2021)
67Nov 12, 2021ViewREPLY to Response to Motion re: 16 MOTION To Proceed Pseudonymously filed by John Doe. (Wilenchik, John) (Entered: 11/12/2021)
70Nov 19, 2021ViewAMENDED COMPLAINT Second against All Defendants filed by Mark Brnovich, John Doe, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Rogers, James) (Entered: 11/19/2021)
71Nov 19, 2021RequestNOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/19/2021)
72Nov 19, 2021ViewThird MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)
73Nov 19, 2021ViewMOTION to Bifurcate Claims and Consolidate Trial on the Merits Under Rule 65(a)(2) by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)
74Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
75Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
76Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
77Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
78Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
79Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
80Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
81Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
82Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
83Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
84Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
85Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
86Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
87Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
88Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
89Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
90Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
91Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
92Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
93Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
94Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
95Nov 23, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)
96Nov 23, 2021RequestNOTICE of Appearance by Michael Napier on behalf of Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Napier, Michael) (Entered: 11/23/2021)
97Nov 24, 2021RequestSummons Issued as to Mathew C Blum, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Karla S Jackson, Jeffrey A Koses, James M Murray, L Eric Patterson, Phoenix, City of, John M Tenaglia, United States of America, Rochelle Walensky. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/24/2021)
98Nov 29, 2021Request*AFFIDAVIT of Service by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to remove incorrect party as a filer on 12/1/2021 (SST). (Entered: 11/29/2021)
99Nov 29, 2021Request*NOTICE re: Additional Notification Provided to the City of Phoenix by Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to remove incorrect party as a filer on 12/1/2021 (SST). (Entered: 11/29/2021)
100Nov 29, 2021RequestNOTICE re: of Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit Missouri v. Biden)(Rogers, James) (Entered: 11/29/2021)
101Nov 30, 2021RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/30/2021)
102Dec 1, 2021RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James) (Entered: 12/01/2021)
103Dec 2, 2021ViewConsent MOTION for Leave to File Excess Pages by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 12/02/2021)
104Dec 2, 2021RequestNOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Rydie v. Biden, Opinion Denying Mot. for Prelim. Inj., # 2 Rodden v. Fauci, Opinion Denying Mot. for Prelim. Inj.)(DeMott, Joseph) (Entered: 12/02/2021)
105Dec 3, 2021RequestORDER: Upon review of Defendants' Unopposed Motion for Page-Limit Extension (Doc. 103 ), and good cause appearing, IT IS ORDERED granting Defendants' Motion (Doc. 103 ). The page limit for Defendants' forthcoming opposition to Plaintiffs' Third Motion for a Preliminary injunction (Doc. 72 ) is hereby increased to 20 pages. The page limit for Plaintiffs' reply brief in support of that motion is hereby increased to 14 pages. Ordered by Judge Michael T Liburdi on 12/3/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 12/03/2021)
106Dec 3, 2021RequestNOTICE of Appearance by Eric Michael Fraser on behalf of Phoenix, City of. (Fraser, Eric) (Entered: 12/03/2021)
107Dec 3, 2021RequestRESPONSE to Motion re: 73 MOTION to Bifurcate Claims and Consolidate Trial on the Merits Under Rule 65(a)(2) filed by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 12/03/2021)
108Dec 3, 2021RequestRESPONSE in Opposition re: 72 Third MOTION for Preliminary Injunction filed by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Exhibit Decl. of Chad Latawiec)(DeMott, Joseph) (Entered: 12/03/2021)
109Dec 3, 2021ViewRESPONSE to Motion re: 72 Third MOTION for Preliminary Injunction DEFENDANT CITY OF PHOENIX'S RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION filed by Phoenix, City of. (Fraser, Eric) (Entered: 12/03/2021)
110Dec 7, 2021RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 12/07/2021)
111Dec 8, 2021RequestORDER: IT IS ORDERED setting a Status Conference for 12/14/2021 at 03:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. At the Status Conference, the parties should be prepared to discuss: (1) the expanded scope of Plaintiffs' Second Amended Complaint (Doc. 70); (2) Plaintiffs' Motion to Bifurcate Claims and Consolidate Trial on the Merits (Doc. 73); and (3) the effect of Georgia v. Biden (Doc. 110) and Kentucky v. Biden (Doc. 101) on the instant action. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/08/2021)
112Dec 8, 2021Request*REPLY to Response to Motion re: 72 Third MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich. (Rogers, James) *Modified to correct filers on 12/10/2021 (SST). (Entered: 12/08/2021)
113Dec 8, 2021RequestMOTION for Extension of Time to File Response/Reply to Defendant City of Phoenix's Response to Motion for Preliminary Injunction by Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Attachments: # 1 Proposed Order Order Granting Motion for Extension of Time to Reply)(Napier, Michael) (Entered: 12/08/2021)
114Dec 9, 2021RequestORDER: IT IS ORDERED that at the Status Conference scheduled for 12/14 (see Doc. 111), the parties should also be prepared to discuss Plaintiff Doe's pending Motion to Proceed Pseudonymously (Doc. 16). ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/09/2021)
115Dec 9, 2021RequestORDER: Upon review, and good cause appearing, IT IS ORDERED granting Plaintiffs' unopposed Motion for Extension of Time to File Reply (Doc. 113). The deadline for Plaintiffs Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493 to file their reply is hereby extended to December 15, 2021. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/09/2021)
116Dec 10, 2021RequestMOTION for Extension of Time to File Answer re: 70 Amended Complaint (Unopposed) by Phoenix, City of. (Attachments: # 1 Proposed Order)(Crawford, Hayleigh) (Entered: 12/10/2021)
117Dec 10, 2021ViewMOTION to Stay ; RESPONSE to Arizona's Notice of Supplemental Authority (ECF No. 110); and NOTICE of Additional Supplemental Authority by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Exhibit Florida v. HHS, # 2 Exhibit McCray v. Biden, # 3 Exhibit Navy Seal 1 v. Biden, # 4 Proposed Order)(DeMott, Joseph) (Entered: 12/10/2021)
118Dec 13, 2021RequestORDER: Upon review, and good cause appearing, IT IS ORDERED granting Defendant's unopposed Motion for Extension of Time to File Answer (Doc. 116 ). The deadline for Defendant the City of Phoenix to file its answer is hereby extended to December 22, 2021. Ordered by Judge Michael T Liburdi on 12/13/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/13/2021)
119Dec 13, 2021RequestRESPONSE in Opposition re: 117 MOTION to Stay ; RESPONSE to Arizona's Notice of Supplemental Authority (ECF No. 110); and NOTICE of Additional Supplemental Authority filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 12/13/2021)
120Dec 14, 2021RequestNOTICE of Appearance by Elissa Paulette Fudim on behalf of Joseph R Biden, Tae Johnson, Alejandro Mayorkas, United States Department of Homeland Security, United States of America. (Fudim, Elissa) (Entered: 12/14/2021)
121Dec 14, 2021RequestMINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Status Conference held on 12/14/2021. Discussion is held regarding Defendants' Motion to Stay (Doc. 117 ). Oral argument is heard. IT IS ORDERED that the motion is DENIED for reasons stated on the record. See Document for complete details. (Court Reporter Barbara Stockford) Hearing held 3:02 PM to 4:10 PM.(AO) (Entered: 12/15/2021)
122Dec 15, 2021RequestORDER denying 16 Motion to Proceed Pseudonymously. FURTHER ORDERED that Plaintiffs shall file an amended complaint adding John Doe's true name by Monday, December 20, 2021 at 12:00 PM. If Plaintiffs do not refile an amended complaint by that time, the Clerk of the Court is directed to dismiss John Doe without prejudice without further order of the Court. FURTHER ORDERED that Defendants may file a supplemental brief, not to exceed seven pages, addressing any changes to their position that may arise upon being notified of John Doe's true name. This brief is due no later than Thursday, December 23, 2021 at 11:59 PM. FINALLY ORDERED that Plaintiffs may submit a seven-page reply to Defendant's supplemental response brief no later than Wednesday, December 29, 2021 at 11:59 PM. Signed by Judge Michael T Liburdi on 12/15/21. (SJF) (Entered: 12/15/2021)
123Dec 15, 2021RequestREPLY to Response to Motion re: 72 Third MOTION for Preliminary Injunction , specifically, Reply to 109 Defendant City of Phoenix's Response to Motion filed by Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Attachments: # 1 Exhibit City of Phoenix Memo re: COVID-19 Vaccination Requirement Paused, dated December 7, 2021, # 2 Proposed Order)(Napier, Michael) (Entered: 12/15/2021)
124Dec 16, 2021RequestTRANSCRIPT REQUEST by Mark Brnovich for proceedings held on 12/14/21, Judge Michael T Liburdi hearing judge(s). (Rogers, James) (Entered: 12/16/2021)
125Dec 16, 2021RequestTRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients for proceedings held on 12/14/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 12/16/2021)
126Dec 17, 2021RequestSTIPULATION Re Bifurcation and Briefing Schedule by Arizona, State of, Mark Brnovich, John Doe, Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 12/17/2021)
127Dec 17, 2021RequestSTIPULATION Re Consolidation Under Rule 65 by Arizona, State of, Mark Brnovich, John Doe, Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 12/17/2021)
128Dec 17, 2021RequestSTIPULATION re claims against the City of Phoenix by Arizona, State of, Mark Brnovich, John Doe, Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Rogers, James) (Entered: 12/17/2021)
136Dec 17, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings held on 12/14/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. 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 1/11/2022. Redacted Transcript Deadline set for 1/21/2022. Release of Transcript Restriction set for 3/21/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 12/21/2021 (RAP). (Entered: 12/21/2021)
129Dec 20, 2021RequestFirst MOTION to Amend/Correct Complaint by Arizona, State of, Mark Brnovich, John Doe, Phoenix Law Enforcement Association, United Phoenix Firefighters Association Local 493. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Rogers, James) (Entered: 12/20/2021)
130Dec 20, 2021RequestNOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Sixth Circuit Opinion, # 2 E.D. Wash. Opinion, # 3 Eleventh Circuit Order, # 4 W.D. La. Opinion)(DeMott, Joseph) (Entered: 12/20/2021)
131Dec 20, 2021RequestORDER: Based on the absence of any opposition and the language in Rule 15(a)(2) of the Federal Rules of Civil Procedure that "[t]he court should freely give leave [to amend] when justice so requires," IT IS ORDERED granting Plaintiffs' Unopposed Motion for Leave to File Third Amended Complaint (Doc. 129). Plaintiffs shall file a separate, clean copy of the Third Amended Complaint. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/20/2021)
132Dec 20, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 12/20/2021)
133Dec 20, 2021RequestSUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 12/20/2021)
134Dec 20, 2021View*AMENDED COMPLAINT Third against All Defendants filed by Mark Brnovich, Phoenix Law Enforcement Association, Al Reble, United Phoenix Firefighters Association Local 493, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Rogers, James) *Modified to correct filers on 12/21/2021 (DXD). (Entered: 12/20/2021)
135Dec 21, 2021RequestSummons Issued as to Merrick Garland, United States Department of Justice. (Attachments: # 1 Summons U.S. Attorney General)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/21/2021)
137Dec 21, 2021RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Rogers, James) (Entered: 12/21/2021)
138Dec 22, 2021RequestRESPONSE in Opposition re: 72 Third MOTION for Preliminary Injunction (Supplemental Brief re: Plaintiff Reble, Pursuant to Doc. 122) filed by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Declaration of Katrina Queen)(DeMott, Joseph) (Entered: 12/22/2021)
139Dec 23, 2021RequestMOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Preliminary Injunction (Unopposed) by Phoenix, City of. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Crawford, Hayleigh) (Entered: 12/23/2021)
140Dec 23, 2021Request*Filed at 142 per Order 141 *LODGED Proposed Sur-Reply to Plaintiffs' Motion for Preliminary Injunction re: 139 MOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Preliminary Injunction (Unopposed). Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Phoenix, City of. (Crawford, Hayleigh) Modified on 12/23/2021 (REK). (Entered: 12/23/2021)
141Dec 23, 2021RequestORDER: Defendant City of Phoenix's Unopposed Motion to File a Sur-Reply 139 is granted. IT IS FURTHER ORDERED directing the Clerk of Court to file Defendant's sur-reply (lodged at Doc. 140 ) on the Court's docket. Signed by Judge Michael T Liburdi on 12/23/2021. (REK) (Entered: 12/23/2021)
142Dec 23, 2021RequestSUR-REPLY re: 109 Response to Motion, 123 Reply to Response to Motion, 72 Third MOTION for Preliminary Injunction by Defendant Phoenix, City of. (REK) (Entered: 12/23/2021)
143Dec 27, 2021RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 12/27/2021)
144Dec 29, 2021Request*REPLY re: 138 Response in Opposition to Motion Plaintiff Al Rebles Reply to Federal Defendants Supplemental Brief re Plaintiff Reble filed by Al Reble. (Wilenchik, John) *Modified to reflect correct event and to correct linkage; attorney noticed on 12/30/2021 (SST). (Entered: 12/29/2021)
145Dec 30, 2021RequestAFFIDAVIT of Service by Plaintiffs Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 12/30/2021)
146Jan 3, 2022RequestMOTION to Dismiss Counts/Claims : 9-13 by Joseph R Biden, Tae Johnson, Alejandro Mayorkas, United States Department of Homeland Security, United States of America. (Fudim, Elissa) (Entered: 01/03/2022)
147Jan 11, 2022RequestNOTICE re: Supplemental Authority by Arizona, State of, Mark Brnovich . (Rogers, James) (Entered: 01/11/2022)
148Jan 13, 2022RequestRESPONSE to Plaintiffs' Notice of Supplemental Authority (ECF No. 147) by Defendants Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 01/13/2022)
149Jan 13, 2022RequestORDER: Having reviewed the Supreme Court's recent decision in National Federation of Independent Business v. Department of Labor, Nos. 21A244, 21A247 (U.S. Jan. 13, 2022), IT IS ORDERED that the parties may file optional, supplemental briefs, not to exceed seven pages, addressing the impact of that decision on the instant case. Such briefs shall be filed no later than Wednesday, January 19, 2022. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022)
150Jan 13, 2022RequestORDER that the parties' supplemental briefs (see Doc. 149) shall also address the Supreme Court's recent opinion in Biden v. Missouri, Nos. 21A240, 21A241 (U.S. Jan. 13, 2022). ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022)
151Jan 19, 2022RequestSUPPLEMENT BRIEF REGARDING RECENT SUPREME COURT DECISIONS by Plaintiffs Arizona, State of, Mark Brnovich, Phoenix Law Enforcement Association, Al Reble, United Phoenix Firefighters Association Local 493. (Rogers, James) (Entered: 01/19/2022)
152Jan 19, 2022RequestSUPPLEMENT BRIEF RE: RECENT SUPREME COURT DECISIONS by Defendants Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 01/19/2022)
153Jan 21, 2022RequestNOTICE re: Relevant Decision by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Feds for Medical Freedom v. Biden)(DeMott, Joseph) (Entered: 01/21/2022)
154Jan 21, 2022RequestRESPONSE re: 153 Notice (Other) re: Relevant Decision by Plaintiffs Arizona, State of, Mark Brnovich, Phoenix Law Enforcement Association, Al Reble, United Phoenix Firefighters Association Local 493. (Rogers, James) (Entered: 01/21/2022)
155Jan 26, 2022RequestFirst MOTION for Extension of Time to File Response/Reply as to 146 MOTION to Dismiss Counts/Claims : 9-13 by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 01/26/2022)
156Jan 27, 2022ViewORDER: IT IS ORDERED granting Plaintiffs' Motion to Bifurcate Claims and Consolidate Trial on the Merits (Doc. 73 ). FURTHER ORDERED granting in part, and denying in part, Plaintiffs' Motion for Preliminary Injunction (Doc. 72 ), as set forth herein. IT IS FURTHER ORDERED that consistent with the terms of this Order, Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich shall submit a proposed form of injunction by no later than Tuesday, February 1, 2022. The proposed form of injunction shall detail the individuals and entities that are enjoined, the capacity in which they are enjoined, and the precise activities they are enjoined from engaging in. The proposed injunction must be specific enough to give Defendants notice as to exactly what comes within its scope. FINALLY ORDERED that Defendants may submit objections to Plaintiffs' proposed form of injunction by no later than Monday, February 7, 2022. The objections shall not repeat merits arguments and shall be limited to arguments that Plaintiffs' proposed form of injunction is inconsistent with the terms of this Order. Signed by Judge Michael T Liburdi on 1/27/22. (SJF) (Entered: 01/27/2022)
157Jan 27, 2022RequestORDER: Good cause appearing, IT IS ORDERED granting Plaintiffs' unopposed Motion for Extension of Time to Respond to Motion to Dismiss (Doc. 155 ). The deadline for Plaintiffs the State of Arizona and Mark Brnovich, in his official capacity as Attorney General of Arizona, to respond to Defendants' Motion to Dismiss (Doc. 146 ) is hereby extended to February 16, 2022. Defendants reply is due March 4, 2022. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/27/2022)
158Feb 1, 2022ViewNOTICE re: Filing Proposed Injunction by Arizona, State of, Mark Brnovich . (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 02/01/2022)
159Feb 7, 2022ViewOBJECTION TO PLAINTIFFS' PROPOSED FORM OF INJUNCTION by Defendants Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 02/07/2022)
160Feb 9, 2022RequestMOTION for Leave to File Reply to Federal Defendants Objections to Plaintiffs Proposed Form of Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Rogers, James) (Entered: 02/09/2022)
161Feb 9, 2022RequestLODGED Proposed Reply to Federal Defendants Objections to Plaintiffs Proposed Form of Injunction re: 160 MOTION for Leave to File Reply to Federal Defendants Objections to Plaintiffs Proposed Form of Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 02/09/2022)
162Feb 9, 2022Request**Redocketed at Doc. [163** MOTION to Transfer Related Case by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit Contractor Minimum Wage Complaint, # 2 Proposed Order Proposed Order) (Associated Cases: 2:22-cv-213-PHX-SPL) (Ensign, Drew) Modified on 2/10/2022 (DXD). (Entered: 02/09/2022)
163Feb 9, 2022ViewMOTION to Transfer Related Case by Arizona, State of, Mark Brnovich. **Doc. 162 in CV-21-01568-PHX-MTL is being re-docketed using the correct event for statistical purposes.** (Attachments: # 1 Exhibit Contractor Minimum Wage Complaint, # 2 Proposed Order) (Associated Cases: CV-21-01568-PHX-MTL, CV-22-00213-PHX-SPL) (DXD) (Entered: 02/10/2022)
164Feb 10, 2022RequestORDER: IT IS ORDERED denying Plaintiffs' Motion for Leave to File Reply (Doc. 160 ). Pursuant to the Court's January 27, 2022 Order (Doc. 156 ), the Court will consider only Plaintiffs' proposed form of injunction (Doc. 158 ) and Defendants' objections thereto (Doc. 159 ). ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 02/10/2022)
165Feb 10, 2022ViewPERMANENT INJUNCTION - Pursuant to 28 U.S.C. ?? 2201 and Fed. R. Civ. P. 57, the Court declares that the vaccination requirement for federal contractors and subcontractors established pursuant to Executive Order 14042 (the "Contractor Mandate") exceeds the scope of the President's authority under the Federal Property and Administrative Services Act (the "Procurement Act"), 40 U.S.C. ?? 101 et seq. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, in favor of Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and against Federal Defendants, on Count I of Plaintiffs' Third Amended Complaint. Counts III and IV, as asserted by Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, are dismissed as nonjusticiable, insofar as they seek tochallenge the vaccination requirement for federal employees established pursuant toExecutive Order 14043 (the Employee Mandate). There being no just reason for delay,the Clerk of Court is directed to enter judgment, without prejudice, against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts III and IV of Plaintiffs Third Amended Complaint, insofar as those claims challenge the Employee Mandate. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts II, III, IV, V, VI, VII, and VIII of Plaintiffs' Third Amended Complaint, insofar as those claims challenge the Contractor Mandate. All claims asserted by Plaintiff Al Reble are dismissed as nonjusticiable. There being no just reason for delay, the Clerk of Court is directed to enter judgment, without prejudice, against Plaintiff Reble, and to dismiss him from this action. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, against Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and in favor of Defendant the City of Phoenix, on Counts I, IV, and VI of Plaintiffs Third Amended Complaint. The Clerk of Court is further directed to dismiss Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and Defendant the City of Phoenix, from this action. Counts IXXIII of Plaintiffs' Third Amended Complaint (the "Immigration Counts") remain pending. Accordingly, the Clerk of Court shall not close the case at this time. (See document for further details). Dated this 10th day of February, 2022. Signed by Judge Michael T Liburdi on 2/10/2022. (LAD) (Entered: 02/10/2022)
166Feb 10, 2022ViewCLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that there is no just reason to delay entry of final judgment pursuant to Federal Rule of Civil Procedure 54(b).Judgment is entered, with prejudice, in favor of Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and against Federal Defendants, on Count I of Plaintiffs' Third Amended Complaint. Counts III and IV, as asserted by Plaintiffs the State of Arizona and Arizona Counts III and IV, as asserted by Plaintiffs the State of Arizona and Arizona. Judgment is entered, without prejudice, against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts III and IV of Plaintiffs' Third Amended Complaint, insofar as those claims challenge the Employee Mandate.Judgment is entered with prejudice against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts II, III, IV, V, VI, VII, and VIII of Plaintiffs Third Amended Complaint, insofar as those claims challenge the Contractor Mandate.All claims asserted by Plaintiff Al Reble are dismissed as nonjusticiable. There being no just reason for delay, judgment is entered, without prejudice, against Plaintiff Reble, and dismissing him from this action.Judgment is entered with prejudice, against Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and in favor of Defendant the City of Phoenix, on Counts I, IV, and VI of Plaintiffs Third Amended Complaint. Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and Defendant the City of Phoenix, are dismissed from this action. (See document for full details). (LAD) (Entered: 02/10/2022)
167Feb 16, 2022RequestRESPONSE to Motion re: 146 MOTION to Dismiss Counts/Claims : 9-13 filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit Exhibit A - November Memo, # 2 Exhibit Exhibit B - DHS Letter to Rep Biggs)(Rogers, James) (Entered: 02/16/2022)
168Feb 22, 2022Request*Consent MOTION for Extension of Time to File Response/Reply by United States Department of Homeland Security, Joseph R Biden, Alejandro Mayorkas, Tae Johnson, United States of America. (Fudim, Elissa) *Modified to add additional filers on 2/23/2022 (SST). (Entered: 02/22/2022)
169Feb 23, 2022RequestRESPONSE to Motion re: (163 in 2:21-cv-01568-MTL, 163 in 2:21-cv-01568-MTL) MOTION to Transfer Related Case filed by Joseph R Biden, Jessica Looman, United States Department of Labor, United States Department of Labor, Wage & Hour Division, Martin J Walsh. (Associated Cases: 2:22-cv-00213-JJT, 2:21-cv-01568-MTL) (Sandberg, Justin) (Entered: 02/23/2022)
170Feb 23, 2022RequestORDER: IT IS ORDERED granting Defendants' unopposed Motion for Extension of Time to File Reply (Doc. 168 ). The deadline for Defendants to file a reply in support of their Motion to Dismiss (Doc. 146 ) is hereby extended to March 11, 2022. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 02/23/2022)
171Mar 1, 2022RequestORDER: IT IS ORDERED denying Plaintiffs' Motion to Transfer Related Case (Doc. 163 ). Plaintiffs have not demonstrated that the requested transfer is warranted. Ordered by Judge Michael T. Liburdi on 3/1/2022. (Associated Cases: 2:21-cv-01568-MTL, 2:22-cv-00213-JJT) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 03/01/2022)
172Mar 10, 2022RequestConsent MOTION for Extension of Time to File Response/Reply as to 167 Response to Motion, --seeking four day extension by Joseph R Biden, Ur M Jaddou, Alejandro Mayorkas, United States Department of Homeland Security. (Fudim, Elissa) (Entered: 03/10/2022)
173Mar 10, 2022RequestORDER: IT IS ORDERED granting Defendants' unopposed Motion for Extension of Time to File Reply (Doc. 172 ). The deadline for Defendants to file a reply in support of their Motion to Dismiss (Doc. 146 ) is hereby extended to 3/15/2022. Ordered by Judge Michael T. Liburdi on 3/10/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 03/10/2022)
174Mar 15, 2022ViewREPLY to Response to Motion re: 146 MOTION to Dismiss Counts/Claims : 9-13 filed by Joseph R Biden, Ur M Jaddou, Alejandro Mayorkas, United States Department of Homeland Security. (Fudim, Elissa) (Entered: 03/15/2022)
175Mar 15, 2022ViewMOTION to Stay by Joseph R Biden, Ur M Jaddou, Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Exhibit A (Cert. Petition filed in Texas v. Biden))(Fudim, Elissa) (Entered: 03/15/2022)
176Mar 24, 2022ViewRESPONSE to Motion re: 175 MOTION to Stay filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit N.D. Fla. Order Denying Stay)(Rogers, James) (Entered: 03/24/2022)
177Mar 28, 2022RequestMOTION Jurisdictional Discovery by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit News article - "Biden admin OKs mass releases", # 2 Exhibit DHS internal email, # 3 Exhibit DHS internal email, # 4 Exhibit Interim Guidance Discover Order, # 5 Proposed Order Proposed Order)(Rogers, James) (Entered: 03/28/2022)
178Mar 31, 2022ViewREPLY to Response to Motion re: 175 MOTION to Stay filed by Joseph R Biden, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Exhibit B)(Fudim, Elissa) (Entered: 03/31/2022)
179Apr 8, 2022View*NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 166 Clerks Judgment,,,,,,, by Kiran Ahuja, Joseph R Biden, Mathew C Blum, Robin Carnahan, Centers for Disease Control and Prevention, Deanne Criswell, Federal Acquisition Regulatory Council, Lesley A Field, Merrick Garland, General Services Administration, Karla S Jackson, Ur M Jaddou, Tae Johnson, Jeffrey A Koses, Alejandro Mayorkas, Troy Miller, James M Murray, Office of Management and Budget, L Eric Patterson, Phoenix, City of, Safer Federal Workforce Task Force, John M Tenaglia, United States Department of Homeland Security, United States Department of Justice, United States Office of Personnel Management, United States of America, Rochelle Walensky, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) *Modified to reflect correct event; attorney noticed on 4/11/2022 (SST). (Entered: 04/08/2022)
180Apr 11, 2022RequestRESPONSE in Opposition re: 177 MOTION Jurisdictional Discovery filed by Ur M Jaddou, Alejandro Mayorkas, United States Department of Homeland Security. (Fudim, Elissa) (Entered: 04/11/2022)
181Apr 11, 2022ViewUSCA Case Number re: 179 Notice of Appeal. Case number 22-15518, Ninth Circuit. (BAC) (Entered: 04/13/2022)
182Apr 14, 2022RequestFirst MOTION for Extension of Time to File Response/Reply as to 177 MOTION Jurisdictional Discovery by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 04/14/2022)
183Apr 15, 2022RequestORDER: IT IS ORDERED setting oral argument on Defendants' Motion to Stay, (Doc. 175 ), on Wednesday, 4/20/2022 at 11:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Those appearing by phone shall call: 1-888-363-4734, using Access Code: 7144701, at the time set for the hearing. Ordered by Judge Michael T. Liburdi on 4/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 04/15/2022)
184Apr 15, 2022RequestAMENDED First MOTION for Extension of Time by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 04/15/2022)
185Apr 15, 2022RequestORDER: Good cause appearing, IT IS ORDERED granting Plaintiffs Amended Unopposed Motion for Extension of Time to File Reply in Support of Motion for Jurisdictional Discovery (Doc. 184 ). The deadline for Plaintiffs to file a reply brief in support of their Motion for Jurisdictional Discovery (Doc. 177 ) is hereby extended to Monday, 5/2/2022. Ordered by Judge Michael T. Liburdi on 4/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 04/15/2022)
186Apr 19, 2022ViewNOTICE re: Supplemental Authority by Joseph R Biden, Ur M Jaddou, Alejandro Mayorkas, United States Department of Homeland Security re: 174 Reply to Response to Motion, 146 MOTION to Dismiss Counts/Claims : 9-13 . (Attachments: # 1 Appendix Sixth Circuit Opinion)(Fudim, Elissa) (Entered: 04/19/2022)
187Apr 19, 2022RequestNOTICE re: Factual Development by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 04/19/2022)
188Apr 20, 2022RequestMINUTE ORDER: The Conference Line to appear telephonically for motion hearing set for 4/20/2022 at 11:00 AM is amended as 1-888-363-4734, Access code: 7028475. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 04/20/2022)
189Apr 20, 2022RequestMINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Motion Hearing held on 4/20/2022. Argument heard. IT IS ORDERED taking under advisement Motion to Stay 175 . Separate order to issue. APPEARANCES: Drew Ensign (appearing telephonically) and James Rogers for Plaintiffs. Telephonic appearance by Elissa Fudim for Defendants. (Court Reporter Barbara Stockford) Hearing held 11:06 AM to 11:29 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/20/2022)
190Apr 20, 2022ViewORDER IT IS ORDERED denying Defendants' Motion to Stay Pending the Supreme Courts Decision in Biden v. Texas (Doc. 175 ). IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. 146 ) and Plaintiffs' Motion for Jurisdictional Discovery (Doc. 177 ) remain pending. See attached order for details. Signed by Judge Michael T Liburdi on 4/20/2022. (AO) (Entered: 04/20/2022)
191Apr 25, 2022RequestORDER: IT IS ORDERED that Plaintiffs' Motion for Jurisdictional Discovery (Doc. 177 ) is denied. Ordered by Judge Michael T Liburdi on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/25/2022)
192May 3, 2022RequestNOTICE re: of Supplemental Authority in further support of motion to dismiss by Joseph R Biden, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, United States Department of Homeland Security . (Attachments: # 1 Attachment supplemental authority (copy of decision))(Fudim, Elissa) (Entered: 05/03/2022)

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