WYE - 2016 Key Melendres v. Arpaio Case, Arpaio Cold Case Posse, and Arpaio Seattle Operation Events (June

Melendres Parties | Grissom Matter | Misc Other
Arpaio-Zullo Cold Case Posse/Birther Investigation | Seattle Operation | Dennis Montgomery (For information on 2016 Dennis Montgomery litigation-related events that are unrelated to Melendres, see here.)

Note: January-May 2016 entries are contained in a single post, here.

June 2016

June 1, 2016

Plaintiffs file their Memorandum in Support of a $200,000 Notice Budget for Civil Contempt Compensation Scheme Pursuant to the Court's Order of May 31, 2016. ECF 1696.

Note: See Megan Cassidy, “How MCSO could pay back victims of illegal detention,” Arizona Republic, June 3, 2016 for a good general summary of the status of the proposed victims' compensation fund.

June 3, 2016

Judge Snow issues order provisionally setting hearing for June 17, stating that hearing will be cancelled “that if, after the Court's review of the parties' joint memorandum with respect to the issues raised regarding MCSO's internal investigations, due 6/14/2016, the Court finds it unnecessary to hold the hearing.” ECF 1706.

June 7, 2016

Maricopa County 2015 Appeal. Melendres Plaintiffs file unopposed motion to withdraw application for attorney fees, “based on a settlement between them and Defendant/ Appellee as to the fee application in this Case No. 15-15996.” No. 15-15996, Doc. 64.

June 8, 2016

Maricopa County files Response to Plaintiffs’ June 1 Memorandum re: Notice Budget. ECF 1708. In this response, the county “the County agrees to the $200,000 notice budget recently proposed by Plaintiffs.” Id. at 3.

Michelle Iafrate files Motion to Withdraw as Attorney. ECF 1709. (During the May 31 hearing, Judge Snow reportedly indicated that he was considering referring Iafrate for criminal contempt or to the state bar. See, e.g., Jude Joffe-Block, “Lawyer For Sheriff Joe Arpaio Asks To Withdraw,” KJZZ, June 8, 2016.

June 9, 2016

Arpaio files Notice re: Lodging Under Seal Information regarding Investigations (ECF 1711) and Sealed Lodged Proposed Information regarding Investigations (ECF 1710).

Judge Snow issues order granting Iafrate’s Application to Withdraw as Counsel of Record. ECF 1712.

Maricopa County 2015 Appeal. The Ninth Circuit issues order granting Melendres Plaintiffs’ June 7 motion to withdraw application for attorney fees. No. 15-15996, Doc. 65.

June 13,2016

Arpaio files Notice of Filing of “Eighth Quarterly Compliance Report by Joseph M Arpaio re: 606 Permanent Injunction, Judgment.” ECF 1714.

June 14, 2016

Plaintiffs and Arpaio (via Plaintiffs) file a Joint Memorandum re: Internal Investigations (setting forth the matters upon which the parties agree and those points upon which they disagree). ECF 1715.

Zullo Appeal. The Ninth Circuit issues an order dismissing Zullo's appeal:

“We have reviewed the response and reply to this court’s order to show cause why this appeal should not be dismissed for lack of jurisdiction. We conclude that we lack jurisdiction to review the district court’s order. See In re: Nat’l Mortgage Equity Corp. Mortgage Pool Certifications Litig., 857 F.2d 1238, 1240 (9th Cir. 1988) (per curiam). Accordingly, this appeal is dismissed.”

No. 15-17269, Doc. 24.

June 16, 2016

Judge Snow issues an order vacating the June 17 hearing and resetting it for July 8. He also grants Plaintiffs an opportunity to file a response brief (responding to Arpaio’s June 14 Memorandum re: internal investigations) by June 23 and Defendants to file a reply brief by June 20 and further orders that:

“Plaintiffs and Defendants will each nominate three candidates and exchange their candidate lists by 5:00 pm on Thursday, June 30, 2016. IT IS FURTHER ORDERED that Plaintiffs and Defendants will exchange their respective strikes by 5 pm on Thursday, July 7, 2016.”

ECF 1717 (Amended Order).

June 17, 2016

Judge Snow issues order that the Court Monitor’s June 2 invoice is reasonable and directing Maricopa County to pay it. ECF 1718.

June 22, 2016

Plaintiffs file notice of errata re: their May 27 Memorandum on Remedies for Civil Contempt (correcting pin cites to various citations in the prior memo). ECF 1719.

June 23, 2016

Plaintiffs file a Response to Arpaio’s June 14 Memorandum re Internal Investigations. ECF 1720

US DOJ files response to Arpaio’s June 14 Memorandum re Internal Investigations. ECF 1721.

June 28, 2016

Plaintiffs file a “Response” to Judge Snow’s June 16 order – a Request to Modify Process for Appointment of Independent IA Authority. ECF 1724.

June 29, 2016

Arpaio files

Response to Plaintiffs June 28 Request to Modify Process for Appointment of Independent IA Authority. ECF 1727.

Notice re: Information regarding Investigations to be filed under seal. ECF 1726 (notice of lodging under seal); ECF 1725 (sealed lodged proposed information).

June 30, 2016

Arpaio files Reply in Support of Briefing Re: Internal Affairs Investigations and Discipline. ECF 1729.

Judge Snow issues order denying Plaintiffs’ June 28 Request to Modify Process for Appointment of Independent IA Authority. ECF 1731.

Maricopa County files Response to the Court's June 8 Amended Order. ECF 1730.

US DOJ files (on behalf of all parties) Joint Notice Of Proposals For The Second Supplemental Permanent Injunction. ECF 1732.

Plaintiffs file Joint Request For Additional Time For Filing of Plaintiffs Attorney Fee Motion And Taxable/Non-Taxable Costs. ECF 1733.

July 2016

July 1, 2016

Judge Snow issues order granting the parties' June 30 Joint Request/Motion for Additional Time for Filing of Plaintiffs' Attorney Fee Motion and Taxable/Non-Taxable Costs to and including July 20, 2016. ECF 1734.

July 5, 2016

Montgomery Appeals. The Ninth Circuit issues notice of oral argument in Montgomery’s consolidated appeals for Sept. 14, 2016. No. 15-16440, Doc. 56.

July 6, 2016

Iafrate files Motion to Withdraw as Attorney of Unnamed Contemnors (Gerard Sheridan, Joseph Sousa). ECF 1735.

July 8, 2016

Judge Snow presides over the scheduled hearing regarding (among other things) the compensation plan (for class members injured by Arpaio/MCSO’s violations of the injunction). Judge Show orders that “

“The parties shall file a joint stipulated form of judgment setting forth a compensation plan consistent with the instructions of the Court at oral argument by 7/19/2016. The parties are to include with the form of judgment whatever aspects of the compensation plan to which they wish to preserve their right to appeal.”

Judge Snow also schedules a July 22 hearing for Arpaio, Sheridan, Iafrate and Bailey to address possible criminal contempt referral. ECF 1736 (Text Entry).

See also,

Jude Joffe-Block, “Judge To Appoint Independent Investigator For Sheriff Arpaio As Part Of Contempt Remedy,” KJZZ, July 7, 2016.

Jude Joffe0Block, “End Of Sheriff Arpaio’s Civil Contempt Case Looms; Another Could Be On The Horizon,” KJZZ, July 8, 2016.

Michael Kiefer, “Judge To Decide Later Whether Sheriff Joe Arpaio Will Face Criminal Contempt Charges,” Arizona Republic, July 8, 2016.

Zullo Appeal. The Ninth Circuit’s mandate dismissing Zullo’s appeal for lack of jurisdiction is docketed with the District Court. ECF 1737.

July 11, 2016

Judge Snow issues order that the Court Monitor’s July 1 invoice is reasonable and directing Maricopa County to pay it. ECF 1741.

July 14, 2016

Flake v. Arpaio et al. Arpaio is deposed in the Flake v. Arpaio litigation, "claiming that the sheriff's [2014] investigation into the deaths of 23 dogs ... at Gilbert's Green Acre dog boarding facility was motivated by politics, spite and Arpaio's insatiable hunger for publicity." (Stephen Lemons, "Jeff Flake's Son Sues Arpaio, Senator Was Under MCSO Surveillance," Phoenix New Times, June 22, 2015); see also Proposed Third Amended Complaint, Flake v. Arpaio, No. 2:15-cv-01132-NVW, ECF 93-1.

The full deposition transcript is available here and is well worth reading. Among many other "interesting" aspects, Arpaio makes several assertions regarding the Melendres litigation.

Arpaio asserts he only admitted civil contempt to "take the heat" as a "leader":

"I think it [the civil contempt finding] was important but just let me just basically say that my chief deputy and I admitted to that situation as a leader to take the heat, if you want to use that word, as managers for this organization." (Depo. at 58.)

Arpaio also implies that he will not discipline Chief Deputy Sheridan based on Judge Snow's findings:

"Q.··BY MR. MONTOYA:··Are you going to discipline ·Mr. Sheridan, based upon Judge Snow's findings?
A.··I'll make that decision.
* * *
THE WITNESS:··I haven't made a decision. But I back up my chief deputy, let's put it that way.
Q.··BY MR. MONTOYA:··Even when he's wrong?
A.··That was the judge's decision." (Depo. at 179.)

Judge Neil V. Wake will later reject Arpaio's attempt to prevent disclosure of the deposition:

"Whether or not the public enjoys a presumption of access to Sheriff Arpaio’s deposition, the public’s legitimate interest in the deposition justifies its release for two reasons. First, the deposition pertains to allegedly illegal conduct of a public official in the exercise of his official duties. There is “a strong public interest in free access to discovery documents where the litigation involve[s] ‘elected officials and the performance of their governmental responsibilities.’” Condit v. Dunne, 225 F.R.D. 113, 117 (S.D.N.Y. 2004) (quoting Flaherty v. Seroussi, 209 F.R.D. 295, 300 (N.D.N.Y. 2001)). Second, and more importantly, Sheriff Arpaio invited media attention in this matter by repeatedly publicizing his investigation of the Flakes and publicly recommending felony charges against them. He issued press releases, held a press conference, and posted a video online. To allow Sheriff Arpaio to engage the media only on his terms would sanction an impermissible double standard. Having heard Sheriff Arpaio’s earlier account of his investigation and recommended charges, the public has an interest in hearing his current account, under oath and crossexamination, now that the investigation and charges have been called into question. Cf. Condit, 225 F.R.D. at 114–15, 118–19 (declining to prohibit dissemination of videotaped deposition where deponent publicly accused opposing counsel of bullying during deposition)."

* * *

Sheriff Arpaio’s fear of “trial by media” is newfound. It did not stop him from repeatedly thrusting into the media himself, his investigation, and his recommendation of charges against the Flakes. Even after the charges were dropped, he posted a video online predicting that the charges would be re-filed. (Doc. 91-4 at 2.) He thereby forfeited any substantial claim to privacy regarding the rest of his own account of the investigation and charges."

See Aug. 2, 2016 Order denying Arpaio request for protective Order, ECF 96 at 9.

July 15, 2016

Judge Snow issues order granting Iafrate’s July 6 Motion to withdraw as counsel of record for unnamed contemptors (e.g., Sheridan, Sousa). ECF 1744.

July 18, 2016

Chief Deputy Gerard Sheridan files a Memorandum Regarding Criminal Contempt. ECF 1745.

July 19, 2016

Judge Snow issues an order revising four paragraphs of the May 13 Findings of Fact. Per this order, the following changes were made (underlined words added; stricken words deleted):

¶ 76: “On January 31, 2012, Chief Deputy Sheridan was present at a meeting of the Maricopa County Board of Supervisors at which the Board discussed with the County Attorney the preliminary injunction granted by this Court, and the County’s Defendants’ appeal of that injunction.” (Doc. 1389 at Tr. 1107–1110, 1113:6–11; Ex. 2878.)

¶ 275: “Further, as of the first day of the evidentiary hearing, Maricopa County Defendants had not yet produced additional responsive documents that were ordered by the Court in February.” (Doc. 1017 at Tr. 20–27.)

¶415: “In February 2014 2015, Special Investigator Vogel further clarified his role with Ms. Iafrate. She informed him that he would do the initial investigation but would not make any final determinations regarding discipline. (Doc. 1556 at Tr. 3345–47; Ex. 2225 (“You are to conduct the investigation and make findings of the evidence. Neither MCSO nor me should direct you or guide you in any way. Once you complete your investigation, the final conclusion regarding whether policy violations exist will be up to someone other than you.”).).”

¶890: “Had the Court withheld evidence evidence that Defendants withheld from the Court and the information to which it led been presented at trial, the Court would have entered injunctive relief much broader in scope..”

ECF 1746.

Plaintiffs (on behalf of all parties) file Joint Notice of Stipulated Judgement for the Victim Compensation Plan. ECF 1747.

July 20, 2016

Judge Snow issues a 67-page SECOND SUPPLEMENTAL PERMANENT INJUNCTION/ JUDGEMENT ORDER. ECF 1748.

Note: An amended version, correcting numbering/formatting will be filed on July 22 (ECF 1760) and July 26 (ECF 1765). The amendments correct numbering/formatting issues.

For news reports on this major development, see, e.g.:

Megan Cassidy, “Federal Judge Strips Arpaio Of Some Internal Affairs Oversight,” Arizona Republic, July 20, 2016.

Arpaio files “Notice of Clarification and Notice of Errata re: Victims Compensation Scheme.” ECF 1749.

Captain Steve Bailey files a Memorandum Regarding Criminal Contempt. ECF 1750.

Michele M. Iafrate files Memorandum (regarding criminal contempt). ECF 1752.

Arpaio files Memorandum Regarding Criminal Contempt. ECF 1753.

Plaintiffs file

Bill of Costs – seeking approximately $88,662.74 in court costs/fees. ECF 1754.

Motion for Attorney Fees – seeking $5,985,727.74 in attorney fees and costs for the 2013-2015 period. ECF 1755.

July 21, 2016

Court Monitor Robert Warshaw files his EIGHTH QUARTERLY REPORT. ECF 1759. Per this report, MCSO is still only 63% in compliance with Phase I and only 40% in compliance with Phase II of the 2013 injunction’s requirements. ECF 1759.

July 22, 2016

Judge Snow presides over the hearing scheduled for Arpaio, Sheridan, Bailey and Iafrate to argue why they should not be referred for criminal contempt. Per the minutes, the parties may file supplemental briefing by July 27. Judge Snow also ordered that Plaintiffs' notice regarding compensation shall be due by July 27. ECF 1761 (Text Entry).

For news reports regarding this hearing, see, e.g.,

Jude Joffe-Block, “Sheriff Joe Arpaio's Lawyer Argues Against Criminal Contempt ,” KJZZ, July 22, 2016.

Megan Cassidy, “Arpaio's attorneys: Lawman should not be referred for criminal contempt,” Arizona Republic, July 22, 2016.

Jamie Ross, “Arpaio Says Defying Court Orders Wasn't Criminal,” Courthouse News Service, July 22, 2016.
AP, “Sheriff Joe Arpaio's bid for leniency met with skepticism," ABC News 15, July 22, 2016.

Judge Snow issues AMENDED SECOND SUPPLEMENTAL PERMANENT INJUNCTION/ JUDGEMENT ORDER. ECF 1760. Per the docket entry, “This amended order is to correct two issues: (1) the paragraph numbering, and (2) the structure of the headings on pp. 54 and 63. Otherwise, the content remains the same).” ECF 1760 Docket Entry (and ECF 1760, n.1).

July 26, 2016

Judge Snow issues SECOND AMENDED SECOND SUPPLEMENTAL PERMANENT INJUNCTION/ JUDGEMENT ORDER. Second Amended Second Supplemental Injunction. ECF 1765. Per footnote 1, “This second amended order corrects internal paragraph cross-reference errors. Otherwise, the content remains the same.” Id. at 1.

Arpaio files three documents titled “Sealed Lodged Proposed Information Regarding Investigation” (ECF 1766, ECF 1767, ECF 1768) and a Notice of Lodging of these documents (ECF 1769).

July 27, 2016

Arpaio files Supplemental Brief re: Criminal Contempt Referral. ECF 1770.

Michele Iafrate files Memorandum (supplemental memo re: criminal contempt referral). ECF 1771.

Plaintiffs file Supplemental Memorandum Regarding Compensation. ECF 1772.

August 2016

Aug. 1, 2016

Maricopa County files Motion for Leave to Respond to Plaintiffs’ July 27 Supplemental Memorandum Regarding Compensation Pursuant to the Court's Order of July 22, 2016. ECF 1774.

Aug. 2, 2016

Arpaio files Motion for Clarification re: Second Supplemental Permanent Injunction/Judgment Order. ECF 1775.

Plaintiffs file Statement of Non-Opposition (to Maricopa County’s Aug. 1 motion for leave to respond) and Request to File Reply Brief re Plaintiffs’ July 27 Supplemental Memorandum Regarding Compensation. ECF 1776.

Aug. 3, 2016

Judge Snow issues order granting Maricopa County’s Aug. 1 motion for leave to respond to July 27 Supplemental Memorandum Regarding Compensation. ECF 1777.

Maricopa County files unopposed Motion for Extension of Time to File Response to Plaintiffs' July 20 Supplemental Motion for Award of Attorneys' Fees and Related Non-Taxable Expenses. ECF 1778.

Judge Snow issues order granting Maricopa County’s request for extension of time (through Sept. 1) to respond to Plaintiffs’ July 20 supplemental attorney fee/expenses motion. ECF 1779.

Aug. 4, 2016

Brian Sands files Joinder to Maricopa County's Aug. 3 request for extension of time to respond to Plaintiffs’ July 20 supplemental attorney fees/expenses motion. ECF 1781.

Aug. 5, 2016

Judge Snow grants Sands’ motion to join Maricopa County's request for extension of time to respond to Plaintiffs’ July 20 supplemental attorney fees/expenses motion. ECF 1782.

Aug. 8, 2016

Arpaio files Joinder to Maricopa County's Aug. 3 request for extension of time to respond to Plaintiffs’ July 20 supplemental attorney fees/expenses motion. ECF 1783.

Maricopa County files Response to Plaintiffs’ Supplemental Memorandum Regarding Compensation Pursuant to the Court's July 22, 2016 Order. ECF 1784.

Aug. 9, 2016

Judge Snow grants Arpaio’s motion to join Maricopa County's request for extension of time to respond to Plaintiffs’ July 20 supplemental attorney fees/expenses motion. ECF 1785.

Aug. 11, 2016

Judge Snow issues an order “clarifying that IA investigations 2014-541, 2015-021, and2015-022 should be the subject of the Independent Investigator's inquiry under paragraph 296 of the Court's Second Amended Second Supplemental Injunctive Order (Doc. 1765 at p. 54) rather than IA investigations 2105-541, 2014-021, and 2014-022.” ECF 1786.

Judge Snow also issues an order that he’s reviewed the Monitor’s Aug. 1 invoice and finds it reasonable; therefore he directs Maricopa County to authorize payment the invoice. ECF 1787.

Aug. 12, 2016

Judge Snow issues a notice that “Daniel Giaquinto [the court-appointed investigator] has requested that the Court have an informal introductory meeting with him in the Court's chambers on Tuesday, August 16, 2016 at 10:30 a.m. If any party plans on attending, they are directed to notify the Court by 3:00 p.m. on Monday, August 15, 2016.” ECF 1788.

Aug. 19, 2016

Judge Snow issues the long-anticipated order referring “Sheriff Joseph M. Arpaio, Chief Deputy Gerard Sheridan, Captain Steven R. Bailey, and Attorney Michelle M. Iafrate” for criminal contempt proceedings. ECF 1792. This order was covered extensively by local and national news media. See, e.g.,

Stephen Lemons,” Arpaio, Subordinates, Referred for Criminal Prosecution by Judge Snow, Could Face Prison Time,” Phoenix New Times, Aug. 19, 2016.

Jude Joffe-Block, “Judge Refers Sheriff Joe Arpaio For Criminal Contempt Of Court Charges,” KJZZ, Aug. 19, 2016.

Megan Cassidy, “Federal judge refers Sheriff Joe Arpaio for criminal contempt,” AZ Republic, Aug. 19, 2016.

Fernanda Santosaug, “Judge Refers Arizona Sheriff Joe Arpaio for Criminal Prosecution,” New York Times, Aug. 19, 2016.

Jamie Ross, “Judge Advises Criminal Charges for Arpaio, Courthouse News Service, Aug. 22, 2016.

Judge Snow also issues an Order requiring the establishment of a victim compensation fund for injuries caused by Arpaio, et al’s contempt. ECF 1791.

USA v. Arpaio (Criminal Contempt). The criminal contempt proceedings ordered by Judge Snow are docketed. See USA v Arpaio et al. 2:16-cr-01012. (D. Ariz. docketed Aug. 19, 2016), ECF 1 (PDF).

Judge John J Tuchi, who was randomly assigned to the case, recuses himself. The case is randomly reassigned to Judge Susan R. Bolten. ECF 2 (PDF).

Aug. 23, 2016

Arpaio files Notice of Intent to Transfer Personnel to CID. ECF 1794; see also Sealed/Lodged Proposed Information Re Personnel Transfer to CID. ECF 1793.

Aug. 25, 2016

Arpaio files

Notice re: Lodging Under Seal Information Regarding Investigations. ECF 1796; see also Sealed/Lodged Proposed Information Regarding Investigations. ECF1795.

Notice “of Compliance with Paragraph 165 of the Second Amended Second Supplemental Permanent Injunction/Judgment Order. ECF 1797.

Aug. 26, 2016

Arpaio files

Notice of Intent to Transfer Personnel to PSB. ECF 1799; see also Sealed Lodged Proposed Information Re Personnel Transfer to PSB. ECF 1798.

Notice re: Lodging Under Seal Information Regarding Investigations. ECF 1801; see also Sealed Lodged Proposed Information Regarding Investigations. ECF 1800.

USA v. Arpaio (Criminal Contempt). The Arizona US Attorney General's Office files a Notice that the office is recusing itself from this matter, which has now been assigned to the U.S. Department of Justice, Criminal Division, Public Integrity Section (in Washington DC). ECF 3 (PDF).

September 2016

Sept. 1, 2016

Maricopa County (and other defendants) file notice of agreement in principle to settle claims and motion for extension of time to respond to Plaintiffs' Supplemental Motion for Award of Attorneys' Fees and Related Non-Taxable Expenses. ECF 1802

Judge Snow issues order granting defendants’ notice of agreement in principal to settle claims asserted in plaintiffs' supplemental motion for award of attorneys' fees and related non-taxable expenses and unopposed motion for extension of time for responding to same – extending the deadline for responses until Sept. 30. ECF 1803.

Sept. 6, 2016

USA v. Arpaio (Criminal Contempt). USA files a motion requesting a status conference "to address the criminal contempt referral issued by the Honorable G. Murray Snow on August 19, 2016." ECF 6 (PDF). Per the motion, "The government requests a status conference to address issues raised by the Contempt Order, including scheduling and the legal and procedural requirements and limitations applicable under the contempt statutes, 18 U.S.C. §§ 401 and 402, and Rule 42 of the Federal Rules of Criminal Procedure." Id.

Sept. 7, 2016

USA v. Arpaio (Criminal Contempt). Arpaio files “Notice of No Objection to Status Conference.” ECF 9 (PDF).

Sept. 9, 2016

Arpaio files Ninth Quarterly Compliance Report. ECF 1805.

USA v. Arpaio (Criminal Contempt). Judge Bolton issues order granting the USA's Sept. 6 motion for status conference and schedules it for Oct. 11. ECF 13 (PDF).

Sept. 14, 2016

Montgomery Appeals. Montgomery's consolidated appeals are argued and submitted. No. 15-6440, Doc. 60; No. 15-16626, Doc 57.

Sept. 15, 2016

Judge Snow issues order that he’s reviewed the Monitor’s September invoice and found it reasonable and directs Maricopa County to authorize payment. ECF 1806.

Arpaio files notice of interlocutory appeal to the Ninth Circuit regarding Judge Snow’s

Second Supplemental Permanent Injunction/ Judgement Order (ECF 1748);

Second Amended Second Supplemental Permanent Injunction/Judgement Order (ECF 1765); and

11 Order “clarifying clarifying that IA investigations 2014-541, 2015-021, and2015-022 should be the subject of the Independent Investigator's inquiry under paragraph 296 of the Court's Second Amended Second Supplemental Injunctive Order” (ECF 1775).

ECF 1807.

Arpaio also files “Notice re: Filing 2016 Annual Compliance Report.” ECF 1808.

Sept. 16, 2016

Maricopa County files notice of interlocutory appeal regarding multiple orders (including those appealed by Arpaio). ECF 1809

Sands Appeal. Brian Sands files notice of interlocutory appeal regarding multiple orders (including those appealed by Arpaio). ECF 1810.

Sept. 20, 2016

Sands Appeal. Brian Sands’ interlocutory appeal is docketed in the Ninth Circuit and assigned case number 16-16659. ECF 1816.

Sept. 22, 2016

Maricopa County 2016 2nd Injunction Appeal. Maricopa County’s interlocutory appeal is docketed in the Ninth Circuit and assigned case number 16-16661. ECF 1817.

Arpaio-MCSO 2016 2nd Injunction Appeal. Arpaio’s interlocutory appeal is docketed in the Ninth Circuit and assigned case number 16-16663. ECF 1818.

Sept. 23, 2016

Arpaio lodges (under seal) proposed Information regarding Investigations. ECF 1819, 1820 (documents lodged), 1821 (notice of lodging).

Sept. 27, 2016

Montgomery Appeals. The Ninth Circuit dismisses Montgomery’s consolidated appeals. No. 15-16440, Doc 64; No. 15-16626, Doc 61. The Court also denies Montgomery's Sept. 22 motion to supplement record. No. 15-16440, Doc 63.

Sept. 28, 2016

Judge Snow issues order:

denying Maricopa County’s March 14 motion for reconsideration and denying, as moot, Maricopa County’s March 25 notice of intent to file reply in support of motion for reconsideration; and

directing Clerk of Court to file under seal the following documents regarding open investigations and/or personnel transfers: ECFs 1625, 1662, 1674, 1690, 1710, 1725, 1766, 1767, 1768, 1793, 1795, 1798, 1800, 1819, and 1820 .

ECF 1827.

October 2016

Oct. 3, 2016

Melendres Plaintiffs withdraw their July 20 (ECF 1755) Motion for Attorney Fees. ECF 1832.

Oct. 4, 2016

Montgomery October Writ Petition. Montgomery (Klayman) files Petition for Writ of Mandamus in the Ninth Circuit. No. 16-73233.

Oct. 6, 2016

Judge Snow issues order that he’s reviewed the Monitor’s October invoice and found it reasonable and directs Maricopa County to authorize payment. ECF 1833.

Oct. 11, 2016

USA v. Arpaio (Criminal Contempt). Judge Bolton presides over the scheduled status conference and orders:

Defense counsel to advise the court whether their clients agree to agree to a tolling of the statute of limitations under 18 U.S.C. §3285 effective this date;

USA to file an Order to Show Cause regarding the preliminary injunction violation; and

Defense counsel to file briefs regarding the applicability of the statute of limitations and possible tolling with respect to the contempt findings related to the Montgomery documents and the identification documents.

See ECF 24 (Minutes of Proceeding - Text Entry); ECF 27 (Transcript).

Defendants file responses to the Court’s request for a stipulation tolling the statute of limitations from today only until the Court can issue a determination as to whether the statute of limitations has already run. See ECF 20 (PDF) (Iafrate); ECF 21 (PDF) (Arpaio); ECF 22 (PDF) (Sheridan); ECF 23 (PDF) (Bailey).

Oct. 17, 2016

USA v. Arpaio (Criminal Contempt). USA files proposed Order to Show Cause, pursuant to Judge Bolton’s Oct. 11 order. ECF 28.

Arpaio files an objection to the USA-proposed Order to Show Cause. ECF 29.

USA files a Response to Arpaio’s objection. ECF 30.

Judge Bolton issues an order that Arpaio may file a reply in support of his objection by Oct. 18. ECF 31.

Oct. 18, 2016

Arpaio files

Notice of Compliance with Paragraph 273 of the Second Amended Second Supplemental Permanent Injunction/Judgment Order (ECF 1838);

Notice of Intent to Transfer Personnel to PSB (ECF 1840); and

Proposed Information Re Personnel Transfer to PSB (ECF 1839; sealed).

USA v. Arpaio (Criminal Contempt). Arpaio files a reply in support of his objection to the USA-proposed Order to Show Cause. ECF 32.

Oct. 19, 2016

Judge Snow files order directing Clerk of Court to file Arpaio’s Oct. 18 submission under seal. ECF 1841 (order); ECF 1842 (Sealed info re: personnel)

Chief Deputy Clerk Michael O'Brien submits taxation Judgment in amount of $64,742.44 against defendant. ECF 1843.

Oct. 24, 2016

USA v. Arpaio (Criminal Contempt). Defendants Bailey and Sheridan file their briefs regarding the statute of limitations issue, per Judge Bolton’s Oct. 11 order. ECF 34 (Bailey); ECF 35 (Sheridan).

Oct. 25, 2016

Arpaio files Motion to Extend Deadlines in the Second Supplemental Injunctive Order Re Policy Review. ECF 1846.

Melendres Plaintiffs file response to Arpaio’s motion. ECF 1847.

USA v. Arpaio (Criminal Contempt). Judge Bolton issues the Order to Show Cause “as to whether Joseph M. Arpaio should be held in criminal contempt for willful disobedience of Judge Snow's preliminary injunction of December 23, 2011. IT IS FURTHER ORDERED that Trial for this matter is set for December 6, 2016…” ECF 36.

Defendants Arpaio and Iafrate file their briefs regarding the statute of limitations issue, per Judge Bolton’s Oct. 11 order. ECF 37 (PDF) (Arpaio); ECF 38 (PDF) (Iafrate).

Montgomery October Writ Petition. The Ninth Circuit issues order: “This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days after the date of this order, the real parties in interest shall file an answer. The district court, within 14 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. Petitioner may file a reply within 5 days after service of the answers. The Clerk shall serve this order on the district court and District Judge G. Murray Snow. No. 16-73233, Doc 3.

Oct. 26, 2016

Judge Snow issues an order setting status conference for Nov. 3. ECF 1849.

USA files response to Arpaio’s Oct. 25 motion to extend deadlines (re: policy review). ECF 1848.

Arpaio files

Motion to Extend Deadlines in the Second Supplemental Injunctive Order Re: IA Investigations. ECF 1851.

Reply in Support of his Oct. 25 motion for extension of deadlines re: policy review. ECF 1852.

Motion for leave to file excess pages for Motion for Recusal of the Court and Its Monitor. ECF 1853 (motion re excess pages); ECF 1854 (lodged proposed recusal motion).

Motion for leave to file Motion for Discovery of Ex Parte Communications Between the Court and Its Monitor. ECF 1855 (motion); ECF 1856 (lodged proposed discovery motion).

and by Joseph M Arpaio, Gerard Sheridan, Joseph Sousa. (Attachments: # 1Text of Proposed Order)(Cooper, Charles) (Entered: 10/26/2016)

Montgomery Appeals. The Ninth Circuits’ mandate, dismissing Montgomery’s appeals, is docketed. ECF 1850.

Oct. 27, 2016

Montgomery October Writ Petition. The Ninth Circuit’s Oct. 25 order requiring real parties in interest to file an answer and granting the District Court an opportunity to address the petition is docketed in Melendres. ECF 1857.

Oct. 28, 2017

The Court Monitor files his NINTH QUARTERLY REPORT (along with comments from the parties). ECF 1858.

USA v. Arpaio (Criminal Contempt). Arpaio files Notice of Intent to file Waiver of Defendant’s Appearance at Arraignment (ECF 39) and Waiver of Speedy Trial Rights and Request for Continuance/Motion to Continue Trial (ECF 40).

Oct. 31, 2016

Arpaio files:

Notice of Objection re: Monitor's Class Remedial Matter Designation for IA 16-0614 (ECF 1860);

Sealed/Lodged Proposed Information Regarding Investigation (ECF 1861);

Sealed/Lodged Proposed Information Regarding Investigation (ECF 1862); and

Notice of lodging the above documents under seal (ECF 1863).

November 2016

Nov. 1, 2016

Judge Snow issues two orders:

order vacating status conference on Nov. 3, 3016 and resetting conference for Nov. 10, 2016. ECF 1864.

Order granting Arpaio’s Motion to Extend Deadlines in the Second Supplemental Injunctive Order Re Policy Review, until Decc. 26, 2016. ECF 1865.

USA v. Arpaio (Criminal Contempt). Judge Bolton issues an order that Arpaio must file revised/rule-compliant version of his Oct. 28 motion for continuance or it will be denied within three days. ECF 43.

Arpaio files additional materials in support of his Oct. 28 motion. ECF 44.

Nov. 2, 2016

DOJ files Opposition to Arpaio’s Oct. 26 Motion to Extend Deadlines in the Second Supplemental Injunctive Order Re: IA Investigations. ECF 1866.

USA v. Arpaio (Criminal Contempt). Judge Bolton issues order denying Arpaio’s Request/Motion to Continue Trial with leave to refile the motion in compliance with LRCiv 7.3(a) and (b). ECF 48 (PDF).

Nov. 4, 2016

Melendres Plaintiffs and DOJ file a Joint Response to Arpaio’s Oct. 26 motions seeking recusal and discovery. ECF 1867.

Judge Snow issues order that he’s reviewed the Monitor’s Nov. 1 invoice and finds it reasonable and directing Maricopa County to authorize payment. ECF 1868.

USA v. Arpaio (Criminal Contempt). USA files Response to Defendants’ Oct. 24-25 briefs regarding the statute of limitations issue. ECF 49 (PDF).

Sands Appeal. Sands files motion in 9th Circuit for extension of time to file opening brief until Jan. 26, 2017. No. 16-16659 Doc. 10. This motion is granted. Id., Doc. 11.

Montgomery October Writ Petition. Arpaio files answer to Montgomery’s petition for writ of mandamus. No. 16-73233, Doc. 6.

Nov. 7, 2016

Melendres Plaintiffs file Opposition to Arpaio’s Oct. 26 Motion to Extend Deadlines in the Second Supplemental Injunctive Order Re: IA Investigations. ECF 1869.

Nov. 8, 2016

Arpaio loses to Paul Penzone in today's race for Maricopa County Sheriff. See, e.g., Michael Kiefer and Rebekah L. Sanders, "Maricopa County voters oust Sheriff Joe Arpaio, elect Paul Penzone," Arizona Republic, Nov. 8, 2016; Fernanda Santos, "Sheriff Joe Arpaio Loses Bid for 7th Term in Arizona," New York Times, Nov. 9, 2016.

Judge Snow issues “Supplemental Order in Response to Mr. Montgomery’s Petition for Writ of Mandamus" (in 16-73233). ECF 1870.

Montgomery October Writ Petition. Melendres Plaintiffs file files answer to Montgomery’s petition for writ of mandamus. No. 16-73233, Doc. 7.

Nov. 9, 2016

Arpaio files

Reply in support of his Motion for Extension of Time Extend Deadlines in the Second Supplemental Injunctive Order Re: IA Investigations. ECF 1871.

Notice re Lodging Under Seal Information Regarding Investigation. ECF 1874 (Notice); ECF 1873 (Sealed Lodged Information).

USA v. Arpaio (Criminal Contempt). Arpaio (re)files Motion to Continue Trial/Waiver of Speedy Trial Rights. ECF 50 (PDF).

USA files Opposition to Arpaio’s Nov. 9 Motion to Continue Trial/Waiver of Speedy Trial Rights. ECF 51 (PDF).

Nov. 10, 2016

Judge Snow presides over the scheduled status conference. See ECF 1876 (Minute Entry; Text Only); ECF 1890 (Transcript). Thereafter he issues an order:

ORDER granting 1853 Motion for Leave to File Excess Pages for Motion for Recusal of the Court and Its Monitor. The Clerk of Court is directed to file the lodged Motion for Recusal 1854. Plaintiffs may have to and including 12/16/16 which to respond to the motion.

FURTHER ORDERED denying without prejudice 1855 Motion for Leave to File Motion for Discovery of Ex Parte Communications Between the Court and Its Monitor. If necessary, may be refiled after consulting with Plaintiffs.

FURTHER ORDERED denying without prejudice Oral Motion to Stay.

FURTHER ORDERED denying without prejudice 1851 Motion for Extension of Time to Extend Deadlines in the Second Supplemental Injunctive Order re IA Investigations.

FURTHER ORDERED The United States Marshal or his representative is authorized to allow review of documents in their custody pertaining to ongoing PSB investigations without further notice to the parties.

FURTHER ORDERED Setting a Status Conference for 11/23/16 at 9:00 am before Judge G. Murray Snow. See Order for Details.

ECF 1877 (Docket Entry quoted above).

Arpaio, Sheridan, and Sousa file Motion for Recusal of the Court and Its Monitor. ECF 1878.

Nov. 11, 2016

Arpaio, Sheridan, and Sousa file “Emergency” Motion To Suspend Proceedings Pending Resolution of Movants' Motion for Recusal of the Court and Its Monitor. ECF 1879.

Nov. 15, 2016

Judge Snow issues order “directing the Clerk of Court to file under seal the lodged documents (Docs. 1861, 1862, 1873) regarding internal affairs investigations. ECF 1880.

Arpaio files:

Sealed Information regarding Investigation (ECF 1881);

Sealed Information regarding Investigation (ECF 1882); and

Sealed Information regarding Investigation (ECF 1883).

Arpaio, Sheridan, and Sousa file Motion for Leave to File Motion for Discovery. ECF 1884 (Motion); ECF 1885 (proposed Motion for Discovery).

Nov. 16, 2016

Judge Snow issues order directing Plaintiffs to respond to Arpaio et al’s Nov. 15 Emergency Motion by Nov. 22; and that Arpaio et al file any reply by noon, Nov. 28. ECF 1886.

Montgomery October Writ Petition. Judge Snow’s Nov. 8 Supplemental Order in Response to Writ of Mandamus is docketed. No. 16-73233, Doc. 8.

Nov. 17, 2016

DOJ files Joint Motion for Extension of Time to File Response/Reply as to Arpaio et al’s Nov. 15 Motion for Leave to file Motion for Discovery. ECF 1889,

USA v. Arpaio (Criminal Contempt). Arpaio files his reply in support of his Nov. 9 Motion to Continue Trial/Waiver of Speedy Trial Rights. ECF 52 (PDF).

Montgomery October Writ Petition. The Ninth Circuit issues order: “Because the district court’s November 8, 2016 supplemental order was served on petitioner today, petitioner may file a reply to the supplemental order within 5 days of the date of this order.” No. 16-73233, Doc. 9.

Nov. 18, 2016

Maricopa County files Request that Richard K. Walker be Excused From the Status Conference Scheduled for Nov. 23. ECF 1891.

Nov. 21, 2016

Montgomery October Writ Petition. Montgomery files Reply to answer to Writ of Mandamus petition. No. 16-73233, Doc. 10.

Nov. 22, 2016

Melendres Plaintiffs and the DOJ file their Opposition to Arpaio et al’s Nov. 15 Emergency Motion to Suspend Proceedings. ECF 1892 (DOJ); ECF 1893 (Plaintiffs).

Judge Snow issues order granting the DOJ’s Nov. 17 Joint Motion for Motion for Extension of Time to File Response/Reply as to Arpaio et al’s Nov. 15 Motion for Leave to file Motion for Discovery, providing that Plaintiffs and DOJ may file opposition by Dec. 16. ECF 1894.

Nov. 23, 2016

Judge Snow presides over the scheduled status conference. See ECF 1895 (Minute Entry - Text Only); ECF 1916 (Transcript - Release of Transcript Restriction set for 3/9/2017). Next status conference is scheduled for Jan. 26, 2017. ECF 1895 (Text Only).

Nov. 28, 2016

Arpaio et al file Reply in Support of their Nov. 15 Emergency Motion to Suspend Proceedings Pending Resolution of Movants' Motion for Recusal of the Court and Its Monitor. ECF 1896.

USA v. Arpaio (Criminal Contempt). USA files motion for protective order governing discovery as to Arpaio. ECF 54.

Maricopa County 2016 2nd Injunction Appeal. Maricopa County files motion in 9th Circuit for extension of time to file opening brief until Jan. 26, 2017. No. 16-16661 Doc. 8. This motion is granted. Id., Doc. 9.

Nov. 29, 2016

USA v. Arpaio (Criminal Contempt). Judge Bolton issues an order granting in part and denying in part Arpaio’s Nov. 9 motion to continue trial, rescheduling the trial for April 4, 2017. ECF 55.

December 2016

Dec. 1, 2016

USA v. Arpaio (Criminal Contempt). Arpaio files response to USA’s Nov. 28 motion for protective order governing discovery. ECF 56.

Dec. 2, 2016

Arpaio files

Notice re: Intent to Transfer Personnel In and Out of the Professional Standards Bureau. ECF 1897.

Notice re: Under Seal Information Regarding the Professional Standards Bureau Personnel Transfers. ECF 1899 (Notice re: materials); 1898 (Sealed Lodged Information; later docketed at ECF 1902).

Dec. 5, 2016

Judge Snow issues a somewhat blistering order denying Arpaio et al’s Emergency Motion to Suspend Proceedings Pending Resolution of Movant's Motion For Recusal of the Court and Its Monitor. ECF 1900. For example, Judge Snow notes:

"To the extent that Sheriff Arpaio argues in his emergency motion that he is only seeking that this court recuse itself from future decisions regarding the implementations of its two supplemental injunctive decrees, that argument is misleading. As the Sheriff’s own recusal motion notes: “[T]his motion does not request that the Court vacate any of its prior decisions. Movants have contemporaneously requested leave to file a separate motion seeking discovery into the full scope and content of the Court’s ex parte communications, so that Movants may determine whether such vacatur is warranted.” (Doc. 1878 at 2). Because the Sheriff cannot obtain the recusal of this court or the vacation of its orders when it did not timely seek such recusal, however, he cannot seek to achieve discovery into a matter that he has forfeited the opportunity to timely raise. The Sheriff cannot achieve through misdirection what the law otherwise prohibits."

Id. at 4-5.

USA v. Arpaio (Criminal Contempt). USA files an unopposed motion to continue trial. ECF 57.

Dec. 6, 2016

Judge Snow issues an order directing the Clerk of Court to file under seal Arpaio’s Dec. 2 lodged document re PSB transfers. ECF 1901 (Order); ECF 1902 (sealed information).

USA v. Arpaio (Criminal Contempt). Judge Bolton issues an order denying as premature the USA's unopposed motion to continue trial. ECF 58. She also issues an order granting the USA's motion for protective order governing discovery. ECF 59.

Dec. 8, 2016

Melendres Plaintiffs file Notice of Errata re: their Nov. 22 Opposition to Arpaio et al’s Nov. 15 Emergency Motion to Suspend Proceedings. ECF 1903.

Dec. 9, 2016

Montgomery October Writ Petition. The Ninth Circuit denies Montgomery’s Petition for Writ of Mandamus:

“Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). The district court’s orders denying petitioner’s counsel pro hac vice admission were not clearly erroneous. See DeGeorge v. U.S. Dist. Court for Cent. Dist. of California, 219 F.3d 930, 934 (9th Cir. 2000) (the absence of the third Bauman factor, clear error, will usually defeat a mandamus petition). Because the clear error standard is deferential and this court reviews a district court’s denial of pro hac vice status for abuse of discretion, “our review of a decision to deny pro hac vice admission is especially deferential in a mandamus proceeding.” In re U.S., 791 F.3d 945, 955 (9th Cir. 2015). The district court’s orders denying attorneys Jonathon Moseley and Larry Klayman pro hac vice admission were based upon a potential conflict of interest, the attorneys’ unprofessional behavior before the district court, attorney Klayman’s status as a potential witness, and concerns regarding pending attorney discipline. Viewing the orders under the requisite highly deferential standard, we conclude the district court’s orders denying petitioner’s counsel pro hac vice admission were not clearly erroneous. See In re U.S., 791 F.3d at 756-58. “There is generally no constitutional right to counsel in civil cases.” U.S. v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996). Petitioner was not denied intervention. The district court struck petitioner’s motion to intervene. Indeed, the district court’s November 8, 2016 supplemental order expressly invited petitioner to seek intervention pro se or via competent counsel. Thus, mandamus is not the appropriate vehicle for petitioner to seek intervention. For the reasons set forth herein, the petition is denied. DENIED.”

No. 16-73233, Doc. 8.

Dec. 13, 2016

USA v. Arpaio (Criminal Contempt). Judge Bolton issues an order that the statute of limitations has expired as Sheridan, Bailey, and Iafrate and, therefore, they are dismissed from the criminal contempt proceedings. ECF 60.

As to Arpaio, criminal contempt proceedings will continue only for the allegations set forth in the Oct. 25 Order to Show Cause. Id.

Dec. 15, 2016

Judge Snow issues order that he’s reviewed the Monitor’s Dec. 1 invoice and finds it reasonable, and directs Maricopa County to authorize payment. ECF 1906.

Melendres Plaintiffs file Joint Motion for Clarification of Judge Snow’s Nov. 10 Order (regarding Arpaio recusal motion and timing of oppositions). ECF 1905.

Judge Snow issues order granting the joint motion filed earlier today: ”Plaintiffs and the United States are granted leave to file responses to the Movants' Motion for Recusal of up to 30 pages in length.” ECF 1907.

USA v. Arpaio (Criminal Contempt). USA files motion for bench trial in the Arpaio proceedings. ECF 61.

Dec. 16, 2016

DOJ files

Opposition to Arpaio et al’s Nov. 10 Motion for Recusal of Court and its Monitor (ECF 1908); and

Opposition to Arpaio et al’s Nov. 10 Motion for Leave to File Motion for Discovery and MOTION for Discovery of Ex Parte Communications Between the Court and the Monitor (ECF 1909).

Melendres Plaintiffs file:

Opposition to Arpaio et al’s Nov. 10 Motion for Recusal of Court and its Monitor (ECF 1913); and

Opposition to Arpaio et al’s Nov. 10 Motion for Leave to File Motion for Discovery and MOTION for Discovery of Ex Parte Communications Between the Court and the Monitor (ECF 1912).

Maricopa County files

Response to Arpaio et al’s Nov. 10 Motion for Recusal of Court and its Monitor (ECF 1910); and

Response to Arpaio et al’s Nov. 10 Motion for Leave to File Motion for Discovery and MOTION for Discovery of Ex Parte Communications Between the Court and the Monitor (ECF 1911).

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A Melendres-Arpaio-MCSO Cold Case Posse-Seattle Operation Timeline

2016 Key Melendres v. Arpaio Case, Arpaio Cold Case Posse, and Arpaio Seattle Operation Events (June - December)

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