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Melendres Parties | Grissom Matter | Misc Other
Arpaio-Zullo Cold Case Posse/Birther Investigation | Seattle Operation | Dennis Montgomery*
*Note: For information on 2010 Dennis Montgomery litigation-related events that are unrelated to Melendres, see here.
Jan. 4, 2010
Melendres Defendants file Notice of Service of Defendants 20th Supplemental Disclosure Statement. ECF 238. Defendants also file Notice of MCSO's Responses to Plaintiffs' Second Set of Interrogatories , ECF 239.
Jan. 6, 2010
Melendres Plaintiffs file Second Amended Notice of Videotaped Deposition of Chief David Hendershott. ECF 240.
Jan. 12, 2010
Judge Snow issues an order denying without prejudice MCSO’s request to seal the deposition of David Hendershot currently scheduled to occur on January 19. ECF 241
Melendres Plaintiffs file Notice of Plaintiffs' Second Set of Requests for Admission and Requests for Production and Third Set of Interrogatories to Defendant MCSO. ECF 242
Jan. 15, 2010
Melendres Plaintiffs file Notice re Third Amended Notice of Videotaped Deposition of Chief David Hendershott. ECF 243
Jan. 20, 2010
Melendres Plaintiffs file Notice of Fifth Supplemental Disclosure Statement. ECF 244.
Jan. 25, 2010
Melendres Defendants file Notice of MCSO's 11th Supplemental Response to Plaintiffs' First Set of Production of Documents and Things. ECF 245
Jan. 29, 2010
Judge Snow issues an order setting oral argument on Melendres Plaintiffs' Motion for Sanctions [ECF 227] for Friday, February 4. ECF 246 Docket Entry.
Melendres Defendants file Motion to Compel the United States Department of Homeland Securityand/or the United States Immigration and Customs Enforcement to Produce Two Documents and Tender Five Witnesses for Deposition. ECF 247
Feb. 1, 2010
Judge Snow issues an amended order re: oral argument on Melendres Plaintiffs' Motion for Sanctions [ECF 227] for Friday, February 4. ECF 248 Docket Entry.
Feb. 3, 2010
Melendres Plaintiffs file Notice of Supplemental Legal Authority and Facts in Support of Motion for Sanctions (in support of Motion at 227). ECF 249.
Melendres Plaintiffs file Amended Notice of Deposition of Deputy Michael Kikes. ECF 250.
Feb. 4, 2010
Judge Snow holds hearing/oral argument on the Plaintiffs' Motion for Sanctions. Minute Entry (ECF 251); Transcript (ECF 256 (PDF)).
Melendres Defendants file Fifth Cross Notice of Videotaping Certain Depositions Noticed. ECF 252.
Feb. 5, 2010
Melendres Plaintiffs file Sixth Supplemental Disclosure Statement. ECF 254.
Feb. 11, 2010
Melendres Defendants file Notice of Service of Defendants MCSO's Response to Plaintiffs' Second Set of Request for Admission and Requests for Production and Third Set of Interrogatories. ECF 258.
Melendres Plaintiffs file Notice re Service of Plaintiffs' Seventh Supplemental Disclosure Statement. ECF 259.
Feb. 12, 2010
Melendres Plaintiffs file Opposition to Defendants' Motion [ECF 247] to Compel the United States Department of Homeland Security and/or the United States Immigration and Customs Enforcement to Produce Two Documents and Tender Five Witnesses for Deposition. ECF 260.
Judge Snow issues an order granting Plaintiff's Motion for Sanctions. ECF 261 (PDF). From the docket entry:
"ORDER - IT IS ORDERED granting Plas 227 Motion for Sanctions to the extent that Dfts have destroyed stat sheets that were in existence or came into existence after 7/21/2008 with the appropriate adverse inference(s) to be drawn to be determined after discovery closes.
FURTHER ORDERED that by 3/4/2010 Dfts shall provide items to Plas as described within this order.
FURTHER ORDERED setting a Status Conference for 3/19/2010 at 9:30 a.m.
FURTHER ORDERED that Plas may redepose Sheriff Arpaio concerning the contents of his immigration file not previously provided to Plas. Dfts will pay the cost for the court reporter and will pay the reasonable costs incurred by one of Plas' cnsl to prepare for and take the deposition. Signed by Judge G Murray Snow on 2/11/10. (See order for details)(SAT) (Entered: 02/12/2010)"
ECF 261 Docket Entry (spacing added for readability).
Feb. 16, 2010
The DOJ files a Response to Defendant's Motion (247) to Compel the United States Department of Homeland Securityand/or the United States Immigration and Customs Enforcement to Produce Two Documents and Tender Five Witnesses for Deposition filed by United States. ECF 262.
Feb. 17, 2010
Melendres Defendants file a Notice of Deposition of Anabel Avitia. ECF 263.
Feb. 18, 2010
Melendres Defendants file Notice of Service of Defendants Arpaio and MCSO's 21st Supplemental Disclosure Statement. ECF 265.
Feb. 19, 2010
Judge Snow issues an order granting parties's stipulated motion to extend time for taking deposition of Anabel Avitia until March 1, 2010. ECF 266.
Melendres Plaintiffs file Motion for Clarification of the Court's February 12, 2010 Order Regarding Plaintiffs' Request for Attorneys' Fees and Costs. ECF 267.
Melendres Defendants file Reply in Support of their Motion to Compel the United States Department of Homeland Securityand/or the United States Immigration and Customs Enforcement to Produce Two Documents and Tender Five Witnesses for Deposition. ECF 268.
Melendres Plaintiffs file Notice re Service of Plaintiffs' Eighth Supplemental Disclosure Statement and Plaintiff Somos America's Supplemental and Amended Responses to Defendant Arpaio's First Set of Interrogatories. ECF 269.
Feb. 22, 2010
Melendres Defendants file Motion to Strike Plaintiffs' Motion for Clarification and Response in Opposition re 267 Motion for for Clarification of the Court's February 12, 2010 Order. ECF 270.
Feb. 23, 2010
Melendres Plaintiffs file Reply in Support of their Motion for Clarification of the Court's February 12, 2010 Order Regarding Plaintiffs' Request for Attorneys' Fees and Costs. ECF 271.
Melendres Defendants file Response to Defendants' Motion to Strike their Motion. ECF 272.
Feb. 24, 2010
Melendres Defendants file Notice of Deposition of Anabel Avitia. ECF 273.
Judge Snow issues an order regarding Plaintiffs Motion for Clarification of the Court's Feb. 12 Order. ECF 274. As summarized on the Docket:
ORDER - IT IS ORDERED that Dft file a Response on the merits to Plas' 267 MOTION for Clarification (that the Court will treat as a Motion for Reconsideration), such response not to exceed five pages and to be filed by 3/5/2010. FURTHER ORDERED that Plas' may file a Reply not to exceed three pages and to be filed by 3/12/2010. FURTHER ORDERED that to the extent Dft's Response includes a 270 Motion to Strike that Motion is denied. Signed by Judge G Murray Snow on 2/24/10. (SAT) (Entered: 02/24/2010)
ECF 274 Docket Entry.
Feb. 25, 2010
The DOJ files an unopposed Motion for Protective Order. ECF 275.
Feb. 26, 2010
Melendres Defendants file Notice of Service of Defendants Arpaio and MCSO's 22nd Supplemental Disclosure Statement. ECF 276.
Melendres Plaintiffs file Notice of Service of Plaintiffs' Ninth Supplemental Disclosure Statement. ECF 277
Mar. 1, 2010
Judge Snow issues an order granting the United States’ Unopposed Motion for Protective order. ECF 278. From the Docket Entry:
“ORDERED that Immigration and Customs Enforcement (ICE) may disclose to the parties' counsel documents subject to the Privacy Act, 5 U.S.C. section 552(a) and documents containing personal identifying information covered by the law enforcement privilege, subject to the following Protective Order. (See document for full details). Signed by Judge G Murray Snow on 3/1/10.”
ECF 278 Docket Entry.
Mar. 2, 2010
Judge Snow issues an order granting in part and denying in part Defendants’ Motion (ECF 247) to Compel depositions and documents from the DHS and/or ICE. ECF 279 (PDF).
Mar. 5, 2010
Melendres Defendants file
Notice of Deposition of Alonzo Pena. ECF 280.
Notice of Deposition of Jason Kidd. ECF 281.
Melendres Defendants file Opposition to Plaintiffs’ Motion (267) for Clarification of the Court's February 12, 2010 Order Regarding Plaintiffs' Request for Attorneys' Fees and Costs. ECF 282.
Mar. 8, 2010
Melendres Defendants file Response to Plaintiffs Motion (227) for Sanctions against Defendants AND a Motion to Require a Representative of Maricopa County's OET to Attend Scheduling Conference. ECF 283.
Melendres Defendants file Notice of Service of Defendant MCSO's 12th Supplemental Response to Plaintiff's First Set of Requests for Production of Documents and Things. ECF 284.
Mar. 12, 2010
Melendres Plaintiffs file a Reply in Support of their Motion (267) for Clarification of the Court's February 12, 2010 Order Regarding Plaintiffs' Request for Attorneys' Fees and Costs. ECF 285.
Mar. 18, 2010
Melendres Plaintiffs file a Reply in Support of their Motion (227) for Sanctions. ECF 286.
Mar. 19, 2010
Judge Snow presides over a status conference. ECF 288 (Minute Entry); ECF 290 (Transcript).
Mar. 22, 2010
Judge Snow issues an order granting Plaintiffs’ Motion (267) for Clarification of the Court’s Feb. 12, Order. ECF 289 (PDF). As summarized on the docket:
ORDER granting Plaintiffs' Motion 267 for Clarification which it elected to treat as a Motion for Reconsideration. The Court will award Plaintiff' reasonable attorneys' fees incurred in bringing their Motion for Sanctions upon Plaintiffs' compliance with LRCiv. 54.2. FURTHER ORDERED reaffirming that, except as otherwise ordered by the Court, the Case Management Order is in force and discovery is closed. The Court vacates the current deadlines for the submission of expert reports. A follow-up Status Conference is set for July 16, 2010 at 9:30 a.m. Prior to the Status Conference the parties will consult on the additional discovery that they deem necessary in light of the newly-identified and disclosed documents. No later than July 13, 2010, the parties will inform the Court as to: (1) the additional discovery that they agree is necessary; and (2) their respective positions with respect to the remaining desired discovery on which they cannot agree. MCSO makes an oral request to file a Motion for an Order to Show Cause against Maricopa County concerning the lately-identified documents. The Court grants the request for the Defendants to file such a motion but further indicates that while some discovery may be appropriate as to the reason for the delay in providing the most recent document disclosure, the Court will not make this case a forum for satellite litigation. The Court denies without prejudice the request that the Court determine who has the right to possess or have access to the documents that are currently in the possession of Maricopa County. Defendants' Motion 283 to Require a Representative of Maricopa County's OET to Attend the March 19, 2010 Scheduling Conference is denied as moot. Signed by Judge G Murray Snow on 3/22/10.(KMG) (Entered: 03/22/2010)
ECF 289 Docket Entry.
Apr. 5, 2010
Federal District Judge Philip Pro upholds the March 2009 order granting sanctions against Dennis Montgomery for committing perjury, overruling Montgomery's objections:
"These findings are not clearly erroneous or contrary to law. The Magistrate Judge presided over the evidentiary hearing and thus had an opportunity to observe Montgomery’s demeanor while testifying. She thus uniquely was situated to evaluate Montgomery’s credibility. Moreover, the adverse credibility finding has ample support in the record.
Montgomery et al v. eTreppid et al, No. No. 3:06-cv-00056, Order [ECF 1150] at 26 (D. Nev. Mar. 31, 2009). After a discussion of the evidence presented, the Court held:
"The course of the proceedings, Montgomery’s February 2007 Declaration, and his testimony at the evidentiary hearing support the Magistrate Judge’s adverse credibility finding against Montgomery regarding his professed lack of knowledge as to the meaning of “admitted” or “licensed.” Montgomery is not an unsophisticated individual, and even if he had no understanding regarding what these terms meant prior to this litigation, the evidence shows he knew what it meant by the time he filed the February 2007 Declaration in support of his opposition to the Government’s motion to disqualify. The Magistrate Judge’s conclusion that Montgomery therefore perjured himself in the September 2007 Declaration when he averred that Flynn led him to believe throughout the course of representation that Flynn was a California attorney, that at no time did Flynn ever inform Montgomery that Flynn was licensed to practice only in Massachusetts, and that Montgomery learned of Flynn’s status only this after he retained new counsel is neither clearly erroneous nor contrary to law. Perjury is sufficient grounds for a bad faith finding to support a sanction under the Court’s inherent power. Whitney Bros. Co. v. Sprafkin, 60 F.3d 8, 14 (1st Cir. 1995)."
Id. at 28. See also Judgment, ECF 1171 (July 8, 2010) (“JUDGMENT in favor of Michael J. Flynn against Dennis Montgomery as follows: 1. $204,411.00 in an award of Sanctions; 2. Costs against Dennis Mortgomery in favor of Michael J. Flynn to be established by the Bill of Costs that Michael J. Lynn may submit pursuant to FRCP 54 and LR 54-1.”).
Apr. 8, 2010
Melendres Defendants file
Notice of Service of Defendant MCSO's 13th Supplemental Response to Plaintiffs' First Set of Requests for Production of Documents and Things (ECF 297);
Notice of Service of Defendants Arpaio and MCSO's 23rd Supplemental Disclosure Statement (ECF 298);
Notice of Service of Defendants Arpaio and MCSO's Amended 23rd Supplemental Disclosure Statement (299); and
Notice of Service of Defendant MCSO's Amended 13th Supplemental Response to Plaintiffs' First Set of Request for Production of Documents and Things (300).
May 14, 2010
Melendres Plaintiffs file Motion for Court-Assisted Mediation. ECF 301.
May 20, 2010
Melendres Defendants file Opposition to Plaintiffs’ Motion (301) for Court-Assisted Mediation. ECF 302.
May 21, 2010
Elizabeth Adair Strange appears for United States (DOJ); Attorney Ann Elizabeth Harwood is terminated as counsel for the US. ECF 303.
May 25, 2010
Melendres Plaintiffs file Motion to Withdraw as Attorney; Motion to Substitute Attorney: for substitution of Stanley Young, Andrew Byrnes and Stephen Chien of Covington & Burling LLP in place of David J. Bodney, Peter S. Kozinets and Aaron J. Lockwood of Steptoe & Johnson LLP. ECF 304.
June 2, 2010
Melendres Parties file “The Parties Joint Notice of the Status of Settlement Discussions. ECF 310.
June 7, 2010
Judge Snow issues an order denying Plaintiffs’ Motion (301) for Court-Assisted Mediation without prejudice. ECF 311.
June 16, 2010
Melendres Defendants file Motion for Extension of Time To Produce to Plaintiffs the Archived Emails of the MCSO. ECF 312.
June 17, 2010
Judge Snow issues an order granting Plaintiffs’ Motion (304) to Withdraw as Attorney (Steptoe & Johnson LLP) and to Substitute Attorney (Covington & Burling LLP). ECF 313.
June 17, 2010
Melendres Plaintiffs file their Response to Defendant’s Motion (312) for Extension of Time To Produce to Plaintiffs the Archived Emails of the MCSO. ECF 314.
July 1, 2010
Melendres Defendants file their Reply in Support of Motion (312) for Extension of Time To Produce to Plaintiffs the Archived Emails of the MCSO. ECF 316.
July 9, 2010
Judge Snow issues an order “deferring ruling on the 312 Motion for Extension of Time to Produce to Plaintiffs the Archived Emails of the MCSO. ECF 317.
The DOJ files Notice re the Parties' Touhy Requests. ECF 318.
The DOJ files an unopposed Motion for Protective Order Supplanting the Court's Order Dated March 1, 2010. ECF 319.
July 13, 2010
Plaintiff Manuel de Jesus Ortega Melendres files Statement of Joint Status Conference Statement. ECF 322.
July 15, 2010
Melendres Defendants file Notice of Deposition of Alonzo Pena (Amended) (ECF 323) and Notice of Deposition of Jason Kidd (Amended) (ECF 324).
July 16, 2010
Judge Snow presides over a hearing. Minute Entry (ECF 325); Transcript (ECF 330). From the Minute Entry of Proceedings:
Status Conference held on 7/16/2010. IT IS ORDERED granting 319 Motion for Protective Order. IT IS FURTHER ORDERED granting 312 Motion for Extension of Time. Defendants shall produce discoverable e-mails by 8/11/2010, as set forth on the record. IT IS FURTHER ORDERED that if the Defendant(s) intend to file an Order to Show Cause or seek other relief against the County in this matter, they have until 8/18/2010 to do so. Status Conference set for 10/1/2010 at 8:30 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 07/16/2010)
ECF 325 Docket Entry.
DOJ files Notice re Filing of Stipulated Protective Order for ICE Depositions. ECF 326.
July 20, 2010
Judge Snow issues Protective Order Regarding The Depositions Of Former And Current ICE Employees (as requested per ECF 326). ECF 329.
July 30, 2010
Melendres Parties file Stipulation and Proposed Protective Order. ECF 332.
Aug. 5, 2010
Judge Snow issues the Protective Order pursuant to the parties' Stipulation (ECF 332) “the Carve Out MCSO Archived Emails, the Court finds that Plaintiffs' treatment and use of the Maricopa County Sheriff's Office archived "carve-out" emails shall be as directed within this Order. Signed by Judge G Murray Snow on 8/5/10.” ECF 333 (Quote from Docket Entry).
Aug. 11, 2010
Melendres Defendants file Notice of Service of Defendant MCSO's 14th Supplemental Response to Plaintiffs' First Set of Production of Documents and Things (ECF 334) and Notice of Defendants Arpaio and the MCSO's Compliance With Court Order (ECF 335).
Aug. 13, 2010
Timothy Casey files Motion to Withdraw as Attorney (of Arpaio). ECF 336.
Aug. 17, 2010
MCSO/Arpaio file Motion for Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 337 .
Aug. 19, 2010
The DOJ files Notice re Service of the United States' Responses to the Parties' Touhy Requests. ECF 338.
Aug. 23, 2010
Judge Snow issues an order “granting 336 Motion to Withdraw as Attorney, and that Schmitt, Schneck, Smyth & Herrod, P.C. and its attorneys are withdrawn as counsel of record for Defendants Joseph M. Arpaio and the Maricopa County Sheriff's Office in this action. FURTHER ORDERD that the firm of Ogletree Deakins Nash Smoak & Stewart PC and its attorneys Alec R. Hillbo, Kerry Scott Martin and Leigh Eric Dowell shall continue to be counsel of record for Joseph M. Arpaio and the Maricopa County Sheriff's Office. Signed by Judge G Murray Snow on 8/23/10.” ECF 339 (PDF) (Quote from docket entry).
Aug. 24, 2010
MCSO/Arpaio file Motion for Hearing or Conference re: Status Conference Regarding Representation of MCSO and Sheriff Joe Arpaio. ECF 340.
Aug. 25, 2010
Thomas Liddy appears on behalf of Arpaio. ECF 341.
David Sheldon appears on behalf of Maricopa County Administration. ECF 342.
Maricopa County files a Response to Arpaio’s Motion (340) for Hearing or Conference re: Status Conference Regarding Representation of MCSO and Sheriff Joe Arpaio. ECF 343.
Aug. 26, 2010
Judge Snow issues an order: “ORDER Setting a Telephonic Conference on this Motion re 340 MOTION for Status Conference Regarding Representation of MCSO and Sheriff Joe Arpaio: Motion Hearing set for 9/9/2010 at 03:00PM before Judge G Murray Snow. The parties participating are directed to call … from a land line no later than five minutes before the hearing. MCSO shall provide the Court, on or before September 2, 2010, with the procedures that it asserts bind the Sheriff's Office with respect to the procurement of professional services. Signed by Judge G Murray Snow on 8/26/10.” ECF 345 Docket Entry.
Sep. 2, 2010
Arpaio files Notice to Court of Procedure for Selection of Counsel by Maricopa County. ECF 347.
Sep. 3, 2010
Melendres Plaintiffs file Response to Arpaio’s Motion (337) for Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 348.
Sep. 8, 2010
Maricopa County files Motion to Strike MCSO/Arpaio’s Motion (337) for Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 350.
Sep. 9, 2010
Judge Snow holds a hearing. Minute Entry (ECF 351); Transcript (ECF 356).
Arpaio submits Letter dated 9/9/10 re counsel. ECF 352 (PDF).
Sep. 10, 2010
MCSO/Arpaio files Motion for Extension of Time to File Response/Reply to Melendres Plaintiffs’ Response (348) to his motion and to Maricopa County’s Motion (350) to Strike the motion. ECF 354.
Sep. 15, 2010
Judge Snow issues an order granting Arpaio’s Motion (354) for Extension of Time to File Reply/Response, “extending the deadline for filing the OSC Reply from Monday, September 13, 2010 until the date on which the Sheriff's Response to the County's Motion to Strike is due, on September 27, 2010.” ECF 358.
Sep. 20, 2010
Maricopa County files its Opposition to MCSO/Arpaio’s Motion (337) to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 362.
Sep. 27, 2010
MCSO/Arpaio files Second Motion for Extension of Time to File Reply re Motion (337) for Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 363.
Sep. 28, 2010
Melendres Plaintiffs file Status Report/Status Conference Statement. ECF 364.
Sep. 30, 2010
Arpaio files Status Report/Status Conference Statement. ECF 365.
Maricopa County files Motion for Sanctions (against Arpaio) and Attorneys' Fees. ECF 366 (PDF).
Oct. 1, 2010
Judge Snow presides over a status conference. Minute Entry (364); Transcript (xxx).
Judge Snow issues an order following the status conference:
- Defendants' Arpaio and MCSO's Second Unopposed Motion for an Extension of Time to File a Reply in Support of Defendants' Order to Show Cause and Allowing Defendants Leave to Take Additional Discovery (Doc. 363) is denied in part and granted in part.
- Defendants' Arpaio and MCSO shall have to and including October 8, 2010 in which to file their Reply in Support of the Order to Show Cause (Doc. 337) and file a Response to the Motion to Strike (Doc. 350).
- The parties shall have to and including November 19, 2010 in which to depose the following Maricopa County Sheriff Officers: (1) Joseph Sousa; (2) Brian Sands; (3) Manuel Madrid; (4) Brett Palmer; (5) Jack MacIntyre; (6) Ramon Armendariz; (7) Carlos Rangel; (8) Sheriff Joe Arpaio; and (9) Chief Deputy David Hendershot.
- Plaintiffs shall provide full and complete expert disclosures no later than December 22, 2010.
- Defendants' shall provide full and complete expert disclosures no later than January 21, 2011.
- Rebuttal expert disclosures, if any, shall be made no later than February 4, 2011.Expert depositions shall be completed no later than March 23, 2011.
- Dispositive motions shall be filed no later than April 22, 2011.
- Maricopa County's Motion for Sanctions and Attorneys' Fees (Doc. 366) is denied.
ECF 369 Docket Entry.
Oct. 8, 2010
Arpaio and MCSO file Reply in Support of Motion (337) an Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery AND Response to Maricopa County’s Motion (350) to Strike Arpaio’s Motion. ECF 371.
Oct. 10, 2010
Maricopa County files its Reply in Support of its Motion (350) to Strike MCSO/Arpaio’s Motion (337) for Order to Show Cause and Allowing Defendants' Leave to Take Additional Discovery. ECF 372.
Oct. 29, 2010
Melendres Plaintiffs file multiple notices of depositions:
Notice of Deposition of Detective Ramon Armendariz. ECF 373
Notice of Deposition of Sheriff Joseph M. Arpaio. ECF 374.
Notice of Deposition of Chief Deputy David A. Hendershott. ECF 375.
Notice of Deposition of Chief Deputy John J. MacIntyre. ECF 376.
Notice of Deposition of Sergeant Brett Palmer. ECF 377.
Notice of Deposition of Detective Carlos Rangel. ECF 378.
Notice of Deposition of Chief Deputy Brian Sands. ECF 379.
The DOJ files Notice to Court Concerning Protective Order Regarding the Depositions of Jason Kidd and Alonzo Pena by United States of America. ECF 380.
Nov. 9, 2010
Arpaio files a Motion for Protective Order. ECF 383.
Nov. 10, 2010
A Nevada Grand Jury indicts Dennis Montgomery on six felony counts relating to allegations that he passed bad checks on Sept. 27, 2008. See State of Nevada vs Dennis Montgomery, No. C-10-268764-1, Nov. 10, 2010 Minutes of Proceedings in Grand Jury Indictment (Nev. Super. Ct. Clark Cty.). Minutes of Proceedings indicate that Montgomery had posted $110,000 bail in Justice Court. Id. Montgomery will plead not guilty on Dec. 15, 2010.
Nov. 16, 2010
Judge Snow issues an order:
ORDER. Last night the court had a telephonic conference with the parties regarding an instruction not to answer in the deposition of Chief Brian Sands. Chief Sands was instructed by his lawyer not to answer a question pertaining to a conversation between Chief Sands and Deputy Chief Jack McIntyre based on the fact that Deputy Chief McIntyre is a licensed attorney in the state and the conversation might have been covered by the attorney-client privilege. Pursuant to Ariz. Rev. Stat. 11-403(A), Deputy Chief McIntyre is not permitted to practice law while he serves as a Deputy Sheriff. Nevertheless, Defendants assert that the privilege in what Chief Sands communicated to Deputy Chief McIntrye belongs to Chief Sands if he had a legitimate belief that he was consulting Deputy Chief McIntyre in the Deputy Chief's capacity as a lawyer. It is not clear, based on the early instruction not to answer, whether Chief Sands was seeking legal advice, and, under all the circumstances, had a legitimate belief that he was consulting Deputy Chief McIntyre in his capacity as a lawyer. "An attorney-client relationship is said to exist when the party divulging confidences and secrets to an attorney believes the he is approaching the attorney in a professional capacity with the intent to secure legal advice." State ex rel. Thomas v. Schneider, 212 Ariz. 292, 299, 130 P.3d 991, 998(App. 2006) quoting Alexander v. Superior Court, 141 Ariz. 157, 162, 685 P.2d 1309, 1314 (1984) (quoting Trinity Ambulance Serv., Inc., v. G& L Ambulance Serv., Inc., 578 F. Supp. 1280, 1283 (1984). Defendant was ordered to permit the Plaintiff to ask questions sufficient to develop whether Chief Sands was communicating with Deputy Chief McIntyre in what he legitimately believed to be an attorney-client communication. Signed by Judge G Murray Snow on November 16, 2010.”
ECF 384 Docket Entry (Text only entry).
Nov. 18, 2010
Dennis Montgomery is deposed in his bankruptcy proceedings. See Transcript, Deposition of Dennis Lee Montgomery, Nov. 18, 2010, In re Dennis Lee Montgomery et al, No. 2:10-bk-18510-BB (Bankr. C.D. Cal. ), as filed in In re: Yellowstone Mountain Club, LLC, No. 08-61570-RBK, ECF 2115-5 (Bankr. D. Mont. Jan. 14, 2011).
Montgomery invokes his Fifth Amendment right against self-incrimination approximately 200 times during this deposition, including when asked about whether his alleged terrorist-fighting software was a fraud and whether he was involved in creating allegedly fabricated federal Target letters. See, for example ...
The Source Code/Software
Q. Mr. Montgomery, have you ever created any source code that was used to stop terrorist attacks?
[Montgomery]. I'm going to assert my right under the Fifth Amendment
Id. at 61.
Q. Isn't it true, Mr. Montgomery, that this, quote, unquote, "decoding software" that you reference on line 22 is just a complete fraud?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Id. at 81.
Q. Isn't it true that this software was never legitimate?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. Isn't it true it's just a complete fraud on the United States Government, Mr. Montgomery?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. How many terrorist attacks have you helped thwart?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. How many American lives do you believe you've saved through your software?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. How many times have you contacted the government to alert them to some form of terrorist attack?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Id. at 193-94.
The Allegedly Fabricated Blixseth Target Letters
Q. Mr. Montgomery, did you prepare this target letter that we're looking at [i.e., a "purported letter from the U.S. Department of Justice Environment and Natural Resources Division dated November 8, 2007, to Timothy Blixseth]?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. Did you ever give a copy of this target letter to Edra Blixseth, Mr. Montgomery?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. Can you explain your involvement, Mr. Montgomery, with this target letter?
[Montgomery]. I'm going to assert my right under the Fifth Amendment
Id. at 114-116.
Q. Mr. Montgomery, do you recognize this document [i.e., 'purported letter from the U.S. Department of Justice Criminal Division dated December 12, 2007, addressed to Mr. Timothy Blixseth, and signed -- purportedly signed by a Mr. Ronald Sharpe"]?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
* * *
Q. Isn't it true, Mr. Montgomery, you provided a copy of this document to Edra Blixseth?[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Q. Isn't it true, Mr. Montgomery, that you prepared this letter?
[Montgomery]. I'm going to assert my right under the Fifth Amendment.
* * *
Q. Mr. Montgomery, isn't it true that you forged the signature of Ronald Sharpe?[Montgomery]. I'm going to assert my right under the Fifth Amendment.
Id. at 117-118.
Nov. 19, 2010
Judge Snow presides over a telephonic discovery dispute – apparently related to objections raised during the deposition of David A. Hendershott. Transcript, ECF 391.
Nov. 23, 2010
Judge Snow issues an order (a) denying Defendants' Motion (337) for An Order To Show Cause and Allowing Defendants' Leave to Take Additional Discovery; and (b) denying as moot Maricopa County's Motion (350) to Strike Sheriff's Motion For Order to Show Cause and For Leave to Take Additional Discovery. ECF 386 (PDF).
Melendres Plaintiffs file Opposition to Arpaio’s Motion (383) for Protective Order. ECF 388.
Dec. 2, 2010
Arpaio files Reply in Support of Motion (383) for Protective Order. ECF 389.
Dec. 9, 2010
Judge Snow issues an order denying Arpaio’s Motion (383) for Protective Order without prejudice. ECF 392.
Dec. 15, 2010
Dennis Montgomery is arraigned on six felony counts per the Nov. 10, 201o Grand Jury Indictment. He pleads not guilty. See State of Nevada vs Dennis Montgomery, No. C-10-268764-1, Dec. 1, and Dec. 15, 2010 Minutes of Proceedings (Nev. Super. Ct. Clark Cty.) During the arraignment, Montgomery's then-counsel "further noted Deft. was making payments on restitution for bad checks." Id.
Dec. 21, 2010
Arpaio files Notice re Association of Counsel Timothy J. Casey. ECF 393. Casey files Notice of Appearance. ECF 394.
Dec. 22, 2010
Melendres Plaintiffs file Notice of Service of Initial Expert Reports. ECF 395.
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