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Melendres Parties | Grissom Matter | Misc Other
Arpaio-Zullo Cold Case Posse/Birther Investigation* | Seattle Operation | Dennis Montgomery*
Notes: *For additional information on 2011 Arpaio-Zullo Cold Case Posse events, see here. *For information on 2011 Dennis Montgomery litigation-related events that are unrelated to Melendres, see here.
January 2011
The Melendres parties continue engaging in discovery. See, e.g., Defendants’ Notice Of Service Of Dfts' Rule 26(A)(2) Disclosure Of Expert Testimony”( ECF 396, Jan. 21, 2011); Defendants’ Notice of Notice Of Errata By Joseph M Arpaio, Maricopa County Sheriff's Office Re 396 Notice Of Deposition. (ECCF 397, filed Jan. 21, 2011); Defendants’ Notice Of Service Of Defendants' Rule 26(A)(2) Disclosure Of Expert Testimony (ECF 399, filed Jan. 21, 2011.
February 2011
The Melendres parties continue engaging in discovery. See, e.g., Plaintiffs’ Notice of Service of Rebuttal Expert Reports (ECF 402, filed Feb. 4, 2011); Plaintiffs’ Notice of Deposition of Steven A. Camarota (ECF 708, filed Feb. 28, 2011).
Feb. 19, 2011
The New York Times publishes a lengthy article about Dennis Montgomery and his activities relating to US national security. See Eric Lichtblau and James Risen, “Hiding Details of Dubious Deal, U.S. Invokes National Security,” New York Times, Feb. 19, 2011. That same day, the New York Times also publishes a timeline of significant events regarding Dennis Montgomery. See “Boom Time to Bankruptcy,” New York Times, Feb. 19, 2011.
March 2011
The Melendres parties continue engaging in discovery.
Mar. 31, 2011
Judge Snow issues an order:
ORDER - that Defendants shall file by April 12, 2011 any motion for a protective order demonstrating "compelling reasons" why Plaintiffs should be compelled to file documents it has received from Defendants under seal in conjunction with its dispositive motion.
IT IS FURTHER ORDERED that should no such motion be filed Plaintiffs may then publicly file the documents it has received from Defendants in conjunction with its case dispositive motion.
FURTHER ORDERED that if Defendants have timely filed such a motion and the Court has not ruled on the motion prior to the deadline for filing case dispositive motions established in this matter, Plaintiffs shall lodge such documents and any parts of any motion based upon them under seal, pending the Court's ruling on Defendants' motion.
IT IS FURTHER ORDERED that Defendants will provide Plaintiffs with a privilege log of all documents in the carve-out that have been withheld because they constitute privileged communications relating to this matter by May 31, 2011. Signed by Judge G Murray Snow on 3/31/11. (KMG) (Entered: 03/31/2011)
ECF 409 Docket Entry.
Apr. 18, 2011
The Melendres Plaintiffs file a Motion for Attorney Fees and Costs and Memorandum in Support of Motion for Fees and Costs. ECF 412.
Apr. 29, 2011
MCSO/Arpaio file a Motion for Summary Judgement. ECF 413.
The Melendres Plaintiffs file three Motions:
Plaintiffs' Renewed Motion for Sanctions. ECF 416.
Plaintiffs' Renewed Motion for Class Certification. ECF 420.
Plaintiff's Motion for Partial Summary Judgment. ECF 421.
Apr. 30, 2011
The Phoenix New Times reports on some of the documents produced in the Melendres case. See Stephen Lemons, “Joe Arpaio Admits Racial Profiling, Takes Bigoted Suggestions From Supporters, As MCSO Deputies Pass Racist E-Mails And Racially Profile,” Phoenix New Times, Apr. 30, 2011.
May 5, 2011
MCSO/Arpaio file a Response to Plaintiffs Apr. 18 Motion for Attorneys Fees and Costs. ECF 438
May 16, 2011
The Melendres Plaintiffs file a Reply in Response to MCSO/Arpaio's May 5 Opposition to their Apr. 18 Motion for Attorneys Fees and Costs. ECF 440.
May 20, 2011
MCSO/Arpaio file an Opposition to Plaintiffs' Apr. 29 Renewed Motion for Class Certification. ECF 444.
MCSO/Arpaio file an Opposition to Plaintiffs' Apr. 29 Renewed Motion for Sanctions. ECF 445.
June 3, 2011
The Melendres Plaintiffs file three briefs:
Plaintiffs' Reply to Defendants' May 20 Response to Plaintiffs' Apr. 29 Renewed Motion for Sanctions. ECF 450.
Plaintiffs' Reply to Defendants' May 20 Response to Plaintiffs' Apr. 29 Renewed Motion for Class Certification. ECF 454.
Plaintiffs' Opposition to Defendants' Apr. 29 Motion for Summary Judgment. ECF 455.
MCSO/Arpaio file their Opposition to Plaintiffs' Apr. 29 Motion for Partial Summary Judgment. ECF 452.
June 8, 2011
Judge Snow issues an order [ECF 461]:
ORDER granting the Motion 412 and awarding ACLU attorneys' fees in the amount of $2,002.00 and Covington & Burling attorneys' fees in the amount of$70,000.00 and $22,705.00 in costs. Signed by Judge G Murray Snow on 6/8/11.(KMG) (Entered: 06/08/2011) 462 JUDGMENT on Attorney Fees - Pursuant to the Order dated June 8th 2011 (doc. 461), judgment is entered for Plaintiffs and against Defendants. Awarding ACLU Attorneys' fees in the amount of $2,002.00 and Covington & Burling Attorneys' fees in the amount of $70,000.00 and $22,705.00 in costs. Signed on 6/8/2011. (KMG) (Entered: 06/08/2011)
ECF 461 Docket Entry.
June 16, 2011
MCSO/Arpaio file a Reply in Response to Plaintiffs' May 20 Opposition to their Apr. 29 Motion for Summary Judgment. ECF 465.
The Melendres Plaintiffs file a Reply in Response to MCSO/Arpaio's May 5 Opposition to their Apr. 29 Motion for Partial Summary Judgment. ECF 466.
June 27, 2011
MCSO/Arpaio file a "Motion for Leave to File Sur-Reply." ECF 469. (This will denied as moot on Dec. 23.)
July 8, 2011
The Melendres Plaintiffs file a Response to MCSO/Arpaio's June 27 Motion for Leave to File: "Non-Opposition to Defendants' Motion to Allow Sur-Reply and Opposition to Defendants' Motion to Disregard and Strike Pleadings at Dkt Nos. 467 and 468." ECF 473.
As of July 8, the following motions have been fully briefed:
MCSO/Arpaio Motion for Summary Judgment.
Defendants' Apr. 29 Motion/Opening Brief: ECF 413
Plaintiffs' June 3 Opposition: ECF 455
Defendants' June 16 Reply: ECF 465
Melendres Plaintiffs Renewed Motion for Sanctions.
Plaintiffs' Apr. 29 Motion/Opening Brief: ECF 416
Defendants' May 20 Opposition: ECF 445
Plaintiffs' June 3 Reply: ECF 450
Melendres Plaintiffs Renewed Motion for Class Certification.
Plaintiffs' Apr. 29 Motion/Opening Brief: ECF 420
Defendants' May 20 Opposition: ECF 444
Plaintiffs' June 3 Reply: ECF 454
Melendres Plaintiffs Motion for Partial Summary Judgment.
Plaintiffs' Apr. 29 Motion/Opening Brief: ECF 421
Defendants' June 3 Opposition: ECF 452
Plaintiffs' June 16 Reply: ECF 466
July 14, 2011
The Melendres Plaintiffs file a notice re: Satisfaction of Judgment re the Court's June 8 order granting attorney fees. ECF 474.
August
September
Sept. 17, 2011
Arpaio creates ("constitutes") a Cold Case Posse, to be led by Mike Zullo, to investigate birther claims that President Obama's birth certificate is forged. See, e.g., Stephen Lemons, “Joe Arpaio Birther Posse Probes President Obama's Birth Certificate,” Phoenix New Times, Sept. 19, 2011; Jerome Corsi, “Posse Certificatus: Sheriff Probes Obama Birth Document: Famous Arizona Lawman Responds to Tea-Party Pressure to Investigate,” WND, Sept. 16, 2011; and Jerome Corsi, “Elite Team of 5 Assigned to Seek Truth on Obama: Sheriff Joe Picks 'Cold Case Posse' to Investigate President's Eligibility,” WND, Sept. 18, 2011.
October 2011
According to a declaration filed in November 2011, Dennis Montgomery “suffer[s] a ‘mini’ stroke. I also suffer from a brain aneurism. I am currently under a neurosurgeon and other doctor's care. I am undergoing testing and treatment.” See Flynn v. Montgomery et al, 2:10-ap-01305-BB, ECF 105 at 3 (Bankr. C.D. Cal. Nov. 15, 2011).
Nov. 15, 2011
Dennis Montgomery files his Opposition to Flynn’s June 27, 2011 Motion for Summary Judgment. See Flynn v. Montgomery et al, 2:10-ap-01305-BB, ECF 103 (Bankr. C.D. Cal. Nov. 15, 2011). Montgomery files a Declaration in support of his opposition. filed in support of the Opposition, Montgomery asserts (among other things) that he asserted the Fifth Amendment during his deposition because of threats made by Flynn: "I have asserted my Fifth Amendment privilege not to testify on certain issues, only because I was informed by my counsel that Mr. Flynn stated that the U.S. Attorney in Montana was investigating me for reasons unknown, and that a grand jury indictment was likely." See ECF 105 at 2.
“To the best of my knowledge, the U.S. government is in possession of the software technology. They took, and currently have possession of, several hard drives, CDs and documents from Liner. Mr. Flynn is aware of this. A true and correct copy of an email I received from Mr. Eisenberg, my bankruptcy counsel, with attachments, is attached hereto as Exhibit "B" and incorporated herein by reference. This document shows that the U.S. Government took certain files, CDs and hard drives from Liner, this is only a partial list. If the government did not take it, I understand that it may also be in storage maintained by the Chapter 7 Trustee. I have not reviewed what is in the possession of the Chapter 7 Trustee because we were informed that we had to pay the Trustee for someone to monitor our inspection of documents, and we have not had the money to do so. I have been unemployed for an extended period of time at times and we lost our home to foreclosure.”
Id. at 3-4. Exhibit B, attached to Montgomery’s declaration ECF 105 is, apparently, an email chain that includes an email from Rapheal Gomez* of the US DOJ stating in part as follows:
As we orally have informed you, the United States has conducted an initial review of the 210 boxes of former counsel files at the Liner firm. All 210 boxes of materials, minus the documents and media pulled for further security review, require no further review by the United States.
Please find attached an inventory of the hard copies, hard drives, and CD's/DVD's that have been pulled from boxes 101 through 210 (please note that the first 100 boxes were discovery produced by eTreppid to Montgomery in the eTreppid case and were released by the United States in late January 2010).
We will forward a projected date for completion of the review of the pulled hard copies, hard drives and CD's/DVD's.”
Id. at Exhibit B [ECF 105-2]. The attached inventory appears to reflect that the US DOJ was reviewing 70+ hard drives contained in the Montgomery files. See id. at 2-6. Flynn will later file his Reply to this Opposition (see Flynn v. Montgomery et al, 2:10-ap-01305-BB, ECF 112 (Bankr. C.D. Cal. Nov. 22, 2011), and the Court will grant Flynn's motion on Dec. 27, 2011.
*Note: Rapheal O. Gomez will appear on behalf of the United States in the Melendres proceedings. See, e.g., Transcript of July 20, 2015 Proceedings [ECF 1186] at 4, 8-9, 42-44.
Nov. 22, 2011
The MCSO issues a Press Release: “I Will Not Stop Enforcing Illegal Immigration Laws.” Arpaio Says (PDF). The release includes the following: "This year the Maricopa County Sheriff’s Human Smuggling Unit has arrested over 2,500 illegal aliens involved in human smuggling and investigated over 50,000 in the jails and on the streets in the last three years. “Regardless of the recent public disapproval from local activist groups and some politicians for enforcing illegal immigration laws, I will not be deterred. Look for more to come.” Arpaio says."
Dec. 1, 2011
Judge Snow issues an order. ECF 477 (PDF). As summarized on the docket:
"ORDER pending before the Court are Defendants' Motion for Summary Judgment Doc. 413 , Plaintiffs' Renewed Motion for Sanctions, Doc. 416 , Plaintiffs' Renewed Motion for Class Certification Doc. 420 , Plaintiffs' Motion for Partial Summary Judgment Doc. 421, and Defendants' Motion for Leave to File Sur-Reply Doc. 469 . A hearing on these motions is scheduled for Thursday, December 22, at 10:00 a.m. The parties have been informed that the Court would request supplemental briefing on identified issues prior to oral argument. Should parties wish to discuss other issues, they are free to do so. However, the oral argument is scheduled to last only two hours. Each party will receive one hour total for argument, and the above-mentioned issues are of principal interest to the Court. Signed by Judge G Murray Snow on 11/30/2011. (NOTE: See PDF for complete details)..."
ECF 477 Docket Entry.
Dec. 9, 2011
Judge Snow issues an order. ECF 482 (PDF). As summarized on the docket:
"ORDER, A hearing on motions 413 , 416 , 420 , 421 , 469 is scheduled for Thursday, December 22, at 10:00 a.m. This Order supplements the Court's previous order discussing issues are to be the subject of oral argument Doc. 477 The parties should be prepared to discuss, or address in their supplemental briefing, the following two issues: 1) Defendants have argued that the class should not be certified in part because it is overbroad. Parties have been asked to discuss whether Martinez-Medina v. Holder, ___ F.3d ___, ___ 2011 WL 855791 at *6 (9th Cir. 2001) suggests that Defendants would receive qualified immunity for any Fourth Amendment damages claim prior to the issuance of the decision. Parties are hereby further asked to be prepared to discuss whether civilians stopped after the decision in Martinez-Medina would be able to make valid Fourth Amendment claims for damages. If they believe such claims would not be barred by qualified immunity, parties should be prepared to discuss whether certifying a class as to the Fourth Amendment claims would deny those potential Plaintiffs the right to recover such damages. 2) Further, parties are asked to address whether, should no Fourth Amendment class be certified, the Court may issue injunctive relief for the Fourth Amendment claims in light of United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). Signed by Judge G Murray Snow on 12/9/2011. ..."
ECF 482 Docket Entry.
Dec. 16, 2011
The Melendres parties file supplemental briefs in response to Judge Snow's Dec. 9 order. See ECF 488 (MCSO/Arpaio's Supplemental Brief) and ECF 489 (Plaintiffs' Supplemental Brief).
Dec. 22, 2011
Judge Snow holds the scheduled hearing on the pending motions. From the Minute Entry:
"... Motion Hearing held on 12/22/2011. Argument is presented. Plaintiff Manuel de Jesus Ortega Melendres makes oral Motion for Summary Judgment on Fourth Amendment Claim. IT IS ORDERED taking the following motions under advisement: 413 Motion for Summary Judgment; 416 Motion for Sanctions; 420 Motion to Certify Class; 421 Motion for Partial Summary Judgment; 469 Motion for Leave to File; and 490 Motion for Summary Judgment. (Court Reporter Gary Moll.)..."
Minute Entry, ECF 491.
Melendres Plaintiffs' Motion for Summary Judgment on Fourth Amendment Claim is docketed as ECF 490.
MCSO/Arpaio file a Supplement - Defendants' Citation to Authorities. ECF 492.
Dec. 23, 2011
Judge Snow issues his decision on the pending motions as follows:
Melendres Plaintiffs Renewed Motion for Sanctions.
"[Plaintiffs'] Renewed Motion for Sanctions (Doc. 416) is granted in part, and Plaintiffs will be entitled to the following adverse inferences at trial:
a) The finder of fact may infer that the stat sheets would have suggested that officers involved in special operations did not follow a “zero tolerance” policy requiring them to stop all traffic offenders.
b) The finder of fact may infer that the stat sheets for special operations would have included a significantly higher number of arrests in the categories “Illegal Alien turned over to ICE/LEAR” and/or “Suspected Illegal Alien arrested on state charges” than records documenting ordinary patrol activity.
c) The finder of fact may infer that MCSO maintained a file of citizen complaints
making requests for special operations.d) The finder of fact may infer that MCSO received citizen complaints prior to August 31, 2008 requesting that MCSO officers conduct special operations to enforce immigration-related law in areas where MCSO later conducted such operations.
e) The finder of fact may infer that some of the citizen communications described
above complained about “Mexicans,” “day laborers,” or “illegal immigrants” but did not provide a description of any criminal activity.The Court reserves the right to issue further permissive inferences at or before trial as necessary."
ECF 493 (PDF) at 8-9.
MCSO/Arpaio Motion for Summary Judgment.
"Defendants’ Motion for Summary Judgment (Doc. 413) is granted in part and denied in part. Summary judgment is granted with regards to Plaintiffs Jessika and David Rodriguez’s underlying claims under Claim Two and Claim Three, which are hereby dismissed. Summary judgment is denied with regards to the underlying claims of Plaintiffs Melendres, Nieto, and Meraz under Claim Two and Claim Three. Defendants’ motion for summary judgment is denied with regards to Claim One and Claim Four." ECF 494 (PDF) at 40.
Melendres Plaintiffs Renewed Motion for Class Certification.
"Plaintiffs’ Motion for Class Certification (Doc. 420) is granted. The litigation is certified as a class action, with the following defined class for the purposes of the equal protection claim: “All Latino persons who, since January, 2007, have been or will be in the future, stopped, detained, questioned or searched by MCSO agents while driving or sitting in a vehicle on a public roadway or parking area in Maricopa County, Arizona.”" ECF 494 (PDF) at 40.
Melendres Plaintiffs Motion(s) for Partial Summary Judgment.
"Plaintiffs’ Motion for Partial Summary Judgment on Claim One and Claim Four
(Doc. 421) is denied.""Plaintiffs’ Motion for Summary Judgment on Claim Two and Claim Three (Doc. 490) is denied in part as it relates to the underlying claims, and granted in part as it relates to future enforcement actions of the MCSO." ECF 494 (PDF) at 40.
Preliminary Injunction Issued:
"MCSO and all of its officers are hereby enjoined from detaining any person based only on knowledge or reasonable belief, without more, that the person is unlawfully present within the United States, because as a matter of law such knowledge does not amount to a reasonable belief that the person either violated or conspired to violate the Arizona human smuggling statute, or any other state or federal criminal law." ECF 494 (PDF) at 40.
See also Ray Stern, “U.S. District Judge G. Murray Snow Sets Up Sheriff Arpaio For Knockout In Racial-Profiling Case; Ruling Describes Deputies' Dirty Tricks,” Phoenix New Times, Dec. 23, 2011.
Dec. 30, 2011
The MCSO issues a Press Release: Sheriff’s Office Stops 28 More Illegal Aliens Involved in Human Smuggling December 30, 2011 (PDF). The release includes the following: "“I will continue to enforce illegal immigration laws.” Arpaio says. This year the Maricopa County Sheriff’s Human Smuggling Unit has arrested over 2,500 illegal aliens involved in human smuggling and investigated over 50,000 in the jails and on the streets in the last three years."
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