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Case 2:07-cv-02513-GMS Document 1130 Filed 05/26/15 Page 1 of 15

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF ARIZONA
_________________

)
)
)
Plaintiffs,
)
)
vs.
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)
Joseph M. Arpaio, et al.,
)
)
Defendants.
)
_____________________________ )
Manuel de Jesus Ortega
Melendres, et al.,

BEFORE:

No.

CV-07-2513-PHX-GMS

Phoenix, Arizona
May 22, 2015
9:37 a.m.

THE HONORABLE G. MURRAY SNOW, JUDGE

REPORTER'S TRANSCRIPT OF PROCEEDINGS

DS

STATUS CONFERENCE

FR

IEN

Official Court Reporter:


Candy L. Potter, RMR, CRR
Sandra Day O'Connor U.S. Courthouse, Suite 312
401 West Washington Street, Spc 36
Phoenix, Arizona 85003-2151
(602) 322-7246
Proceedings Reported by Stenographic Court Reporter
Transcript Prepared by Computer-Aided Transcription

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CV-07-2513-PHX-GMS - May 22, 2015

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A P P E A R A N C E S

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For the Plaintiffs:


American Civil Liberties Union Foundation
By: Cecillia D. Wang, Esq.
39 Drumm Street
San Francisco, California 94111

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American Civil Liberties Foundation of Arizona


By: Daniel J. Pochoda, Esq.
P.O. Box 17148
Phoenix, Arizona 85011
(602) 650-1854

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Covington & Burling, LLP


By: Tammy Albarran, Esq. - Telephonically
1 Front Street, 35th Floor
San Francisco, California 94111
(415) 591-7066

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American Civil Liberties Union


By: Andre Segura, Esq. - Telephonically
125 Broad Street, 18th Floor
New York, New York 10004
(212) 549-2676

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Covington & Burling, LLP


By: Stanley Young, Esq. - Telephonically
333 Twin Dolphin Drive, Suite 700
Redwood Shores, California 94065
(650) 632-4700

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For Defendants Arpaio and MCSO:


Iafrate & Associates
By: Michele M. Iafrate, Esq.
649 North 2nd Avenue
Phoenix, Arizona 85003
(602) 234-9775

IEN

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For Defendant Maricopa County:


Walker & Peskind, PLLC
By: Richard K. Walker, Esq.
16100 North 7th Street, Suite 140
Phoenix, Arizona 85254
(480) 483-6336

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UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

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A P P E A R A N C E S

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For Deputy Chief MacIntyre:


Dickinson Wright, PLLC
By: Gary L. Birnbaum, Esq.
1850 North Central Avenue, Suite 1400
Phoenix, Arizona 85004
(602) 285-5000
For Chief Deputy Sheridan:
Mitchell Stein Carey
By: Barry D. Mitchell, Esq.
2 North Central Avenue, Suite 1900
Phoenix, Arizona 85004
(602) 358-0290

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For Defendant Arpaio:


Jones Skelton & Hochuli, PLC
By: A. Melvin McDonald, Esq.
2901 North Central Avenue, Suite 800
Phoenix, Arizona 85012
(602) 263-1700

For Executive Chief Brian Sands:


Lewis Brisbois Bisgaard & Smith, LLP
By: M. Craig Murdy, Esq.
2929 North Central Avenue, Suite 1700
Phoenix, Arizona 85012
(602) 385-1040

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For Timothy Casey:


Adams & Clark, PC
By: Karen Clark, Esq.
520 East Portland Street
Phoenix, Arizona 85004
(602) 258-3542

IEN

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For Thomas Liddy and Christine Stutz:


Broening Oberg Woods & Wilson, PC
By: Terrence P. Woods, Esq.
P.O. Box 20527
Phoenix, Arizona 85036
(602) 271-7705

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UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

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A P P E A R A N C E S

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For Lieutenant Joseph Sousa:


David Eisenberg, PLC
By: David E. Eisenberg, Esq. - Telephonically
2702 North 3rd Street, Suite 4003
Phoenix, Arizona 85004
(602) 237-5076

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Also present:
Chief Deputy Gerard Sheridan
Deputy Chief Jack MacIntyre
Ms. Cari Shehorn
Deputy Monitor John Girvin - Telephonically
Deputy Monitor Raul Martinez - Telephonically

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IEN

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UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

(Proceedings begin at 9:37 a.m.)

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THE CLERK:

on for status conference.

Counsel, please announce your appearances.

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MS. WANG:

Good morning, Your Honor, Cecillia Wang of

THE COURT:

Good morning.

MR. POCHODA:

Good morning, Dan Pochoda from the ACLU

of Arizona for plaintiffs.

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MS. IAFRATE:

Good morning, Your Honor, Michele

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Iafrate on behalf of Sheriff Joseph Arpaio.

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law clerk Cari Shehorn.

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MR. BIRNBAUM:

Good morning, Your Honor, Gary Birnbaum

appearing specially for Deputy Chief MacIntyre.

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Chief is in the courtroom as well.

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MR. MITCHELL:

Good morning, Judge.

behalf of Chief Gerard Sheridan.

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present and specially appearing, Judge.


MR. WALKER:

And the Deputy

Thank you.

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09:38:03

Barry Mitchell on

Chief Gerard Sheridan is

Good morning, Your Honor, Richard Walker

on behalf of Maricopa County, that portion of the county

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government embodied by the Board of Supervisors, the County

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Manager, and the officers and employees who work under their

IEN

DS

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09:37:49

And with me is my

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09:37:41

the ACLU for plaintiffs.

This is CV-07-2513, Melendres v. Arpaio,

09:38:15

direction.
MR. MCDONALD:

Good morning, Mel McDonald specially

appearing for Sheriff Joe Arpaio.


UNITED STATES DISTRICT COURT

09:38:30

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CV-07-2513-PHX-GMS - May 22, 2015

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MR. MURDY:

Good morning, Your Honor, Craig Murdy on

behalf of Brian Sands.

MR. WOODS:

And I'm Terry Woods, Your Honor, on behalf

of nonparty Tom Liddy and Christine Stutz it looks like are the

people they want to depose, and I represent them.

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09:38:43

THE COURT:

All right.

MS. CLARK:

Good morning, Your Honor, Karen Clark

specially appearing for nonparty Tim Casey, who is not present

this morning.

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THE COURT:

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Anyone else?

09:38:53

Mr. McDonald, I'm informed that you provided my clerk

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with a pleading this morning and suggested that I read it

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before I proceed further.

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I didn't have time to read it.

I do note that it's a motion by you, Ms. Iafrate, and

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Mr. Mitchell to disqualify me as a judge.

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you suggested I read it before we proceed with this hearing.

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MR. MCDONALD:

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I presume that's why

That is correct.

And I apologize, Judge, about the exhibits.

It was

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just filed.

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package together, and we didn't have time to print out the

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attachments.

DS

There were people up most of the night putting the

And I understand why you would suggest

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that I read it before I make any rulings or proceed further

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today.

FR

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09:39:28

But they are en route.

THE COURT:

IEN

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09:39:16

I haven't had a chance to read it.


UNITED STATES DISTRICT COURT

Is it the

09:39:41

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CV-07-2513-PHX-GMS - May 22, 2015

Sheriff's position that the documents that I discussed last

week actually that seemed to outline some sort of a theory of

fraudulent behavior or conspiracy on my part are

actually -- the Sheriff's going to assert those?

MR. MCDONALD:

Judge, what our position was with the

filing of the motion, we believe that the proceedings by law

are required to be stayed.

morning because it's my belief that the Court, under the law,

should not go forward until that decision is made.

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THE COURT:

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And I wanted to have it to you this

Well, I agree with that.

09:40:23

And I'm going to hear -- I will hear from you, of

course, Miss Wang.

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You previously used the strike on one judge; correct?

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And you only get one per statute.

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obligation under 455 to consider whether I can try this case

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with impartiality.

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pursuant to 144.

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consider whether the certificate is adequate.

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plaintiffs will get an opportunity to respond to that.

So I do agree that I have an

And I do believe I have an obligation to

And, of course,

Judge, I think under this particular

law and statute more than one judge at different times can be

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removed.

IEN

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I wasn't on the case -- that was years ago.

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only been on the case for four or five months.

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the circumstances to that.

FR

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09:40:39

But you've already removed Judge Murguia

MR. MCDONALD:

DS

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09:40:02

I've

I don't know

But I think the allegations themselves create issues


UNITED STATES DISTRICT COURT

09:41:02

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CV-07-2513-PHX-GMS - May 22, 2015

where -- it's not like Superior Court where you get one

peremptory challenge.

as set forth in the statute, there's no limit.

another judge were to do something that would be violative --

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THE COURT:

I think the fact that it is for cause,


I think if

Well, the statute itself says you have one

opportunity to use the statute, and you've already used it.

MR. MCDONALD:

Well, again, I don't know.

But I do

believe that another judge should look and consider that that

would be an issue that somebody could probably raise.

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THE COURT:

All right.

So my question -- I have two,

Is the basis -- like I said, are you asserting that

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there is some reason that the -- that the documents that I

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discussed last week actually may be correct, is that the

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Sheriff's assertion?

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09:42:11

Because the Sheriff, I think, and Chief Deputy

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Sheridan had indicated that the materials that they'd received

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from Mr. Montgomery were unreliable and junk.

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opinion that they hadn't backed off of that position.

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MR. MCDONALD:

And it was my

Well, Judge, it was our feeling that

the entire inquiry into the area, and the way that it went

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down, and the statements that were made that were associated

IEN

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with it, and then the unbridled authority given to the monitor,

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it was a collection of all these things.

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was the decision that was not made by one --

FR

09:41:56

and then I agree, I probably will not proceed further.

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09:41:40

09:42:28

This was just -- this

UNITED STATES DISTRICT COURT

09:42:46

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CV-07-2513-PHX-GMS - May 22, 2015

THE COURT:

So you're invoking the Grissom

investigation as well?

MR. MCDONALD:

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THE COURT:

Yes, the Grissom investigation.

Even though you've known about that for

three years and did nothing about it?

MR. MCDONALD:

Judge, it was not -- it had been set

aside.

of the Sheriff in court on April 23rd.

it --

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The only thing that resurrected it was your questioning

THE COURT:

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THE COURT:

That's what brought

All right.

MR. MCDONALD:

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09:42:56

-- into focus.

All right.

So I think I've got an idea of

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what the basis of your motion is.

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I'm not going to proceed further until I determine whether

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there's any basis to refer this motion to another judge,

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whether you've qualified to do it and, in fact, whether the

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motion ought to be referred to another judge.

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me like at least there are some problems that I need to look

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into.

Last week I did discuss with Miss Iafrate, I think,

some real problems with these documents that she was going to

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have to address if she was going to assert that they're valid.

IEN

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FR

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09:43:18

But it sounds to

DS

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And I certainly agree that

09:43:32

So I'll have to read your motion before I know what to do.


I assume, Miss Wang, you haven't had a chance to read

this motion yet?

09:43:49

UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

MS. WANG:

Your Honor, though the motion was filed

after I arrived in the courtroom this morning, I went to

request a copy from defendants, and Mr. Mitchell was good

enough to give me a copy of the brief, though not the

supporting documentation.

09:44:01

I skimmed it very quickly, Your Honor.

At this point

I would say on behalf of plaintiffs that plaintiffs do not

believe there's a basis for the Court to recuse itself.

the timing of this motion is extremely suspect and appears to

And

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be calculated to manipulate and to delay the continuation of

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the evidentiary hearing on civil contempt that's currently

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scheduled for June 16.

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However, unfortunately, I think we would agree that a

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stay of the proceedings is appropriate while this motion is

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adjudicated.

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09:44:36

Plaintiffs would ask for an opportunity to obviously

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file an opposing brief.

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the issue of whether a referral to another judge is appropriate

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or not.

THE COURT:

DS

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And we could also address, Your Honor,

All right.

Well, doesn't seem like we

have much to do.

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proceeding until you have a chance to respond.

IEN

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FR

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09:44:18

09:44:49

I think that we do need to stay this


And then if you

wish to reply, then I'll consider what needs to happen.


You know, I've been pushing to do this rapidly for the

benefit of all parties.

That rapidity though was never meant

UNITED STATES DISTRICT COURT

09:45:11

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CV-07-2513-PHX-GMS - May 22, 2015

to take -- to replace care in how we proceed.

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Miss Wang, do you have any idea how long it would take

you to get a response to the motion on file?

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MS. WANG:

Your Honor, I think we could respond by

June 1st.

09:45:28

MR. WALKER:

Your Honor, I also have not seen the

motion that has been filed.

I'm not sure whether the County

will take a position on it.

But I'd like to have a little bit

of time, if my client wishes to do so, to --

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THE COURT:

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MR. WALKER:

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Weigh in one way or another?


Yes.

MR. EISENBERG:

Your Honor, this -- I'm sorry,

Your Honor, this is Dave Eisenberg.

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THE COURT:

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Yeah.

MR. EISENBERG:

I've been on -- I'm sorry, I didn't

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have an opportunity to announce my presence on behalf of

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Lieutenant Sousa, special appearance for him.

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waive his appearance.

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I haven't seen the motion either.

And I'll have the

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respect to it.

DS

opportunity to review it, but also give my position with

IEN

THE COURT:

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09:45:59

And I would

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09:45:51

09:46:14

Do you have any idea how long it would

take you to do that, Mr. Eisenberg?


MR. EISENBERG:

I know the motion was filed, based

upon what I just heard, this morning, so I certainly could


UNITED STATES DISTRICT COURT

09:46:25

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CV-07-2513-PHX-GMS - May 22, 2015

sometime before June the 1st, let's say, a week from today.

THE COURT:

Mr. Walker?

MR. WALKER:

Your Honor, I've requested an executive

session with the Board of Supervisors.

as to when that's going to be.

Tuesday or Wednesday.

the Board of Supervisors wishes me to file something.

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THE COURT:

I think it likely will be next

And I'd appreciate a week after that, if

All right.

Would you -- after the

the opportunity to respond and how long it will take you?


MR. WALKER:

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THE COURT:

09:47:02

Certainly, Your Honor.

And then I don't want to prevent Chief

Sands from responding as well.

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MR. MURDY:

Your Honor, we can live with whatever

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deadline is set by the Court.

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THE COURT:

All right.

09:47:12

Since the motion has been

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brought, at least in part by specially appearing parties, do

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you wish to address the motion at all on behalf of Chief

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MacIntyre?

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No, Your Honor, not at this time.

We

THE COURT:

All right.

Well, if you'll let me know,

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Mr. Walker, and then I'll set a time, if I need one, to have

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oral argument on the motion.

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09:47:24

haven't seen it.

IEN

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MR. BIRNBAUM:

DS

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09:46:45

executive session, would you just inform me if you would like

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I've not been notified

Miss Iafrate, I still may reserve the right to -- and


UNITED STATES DISTRICT COURT

09:47:42

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CV-07-2513-PHX-GMS - May 22, 2015

I haven't read the motion.

some clarification, as I indicated I would, especially in light

of Judge Boyle's determination that the Grissom investigation

was no longer relevant to this lawsuit.

extent to which you're seeking to bring it up again, but I may

have some questions about that as well.

I may reserve the right to ask for

And I don't know the

So I may have an oral argument on this before I decide

whether or not you've qualified to have it referred to another

judge, and if so to what extent it should be referred.

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But, of

course, I'm going to let everybody be heard on that.

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09:48:28

Is there anything else that anybody wishes to raise at

this point?

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MS. CLARK:

Judge, I just would like to confirm that

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the deposition schedule is being held in abeyance, not going

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forward.

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We have a deposition date of June 4th of Mr. Casey.

THE COURT:

need me to be there, or some judge to rule, we ought to figure

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out who that judge is going to be, with some clarity.

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makes sense to stay the schedule.

So it

DS

I am going to require, however -- I'm going to require

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this:

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I'm going to require you to keep those dates on your calendar.

09:49:03

IEN

I've had the parties reserve certain dates for hearing.

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And the reason I'm going to do that is, it seems to me, even if

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because of the stay we cannot have the hearing, it may be dates

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on which we can do the necessary depositions and/or

FR

09:48:43

Well, I suppose that if you're going to

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09:48:09

UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

investigations that would be preparatory to any renewed

hearing.

And, of course, if you get any new judge on all or

part of this matter that may change.

won't.

But if you don't, it

09:49:44

Anything else?

All right.

I will let you -- we won't be having a

status hearing next week.

schedule is as soon as I get the pleadings in.

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(Proceedings concluded at 9:49 a.m.)

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-oOo-

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IEN

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DS

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I'll be letting you know what the

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FR

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UNITED STATES DISTRICT COURT

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CV-07-2513-PHX-GMS - May 22, 2015

C E R T I F I C A T E

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I, CANDY L. POTTER, do hereby certify that I am duly

appointed and qualified to act as Official Court Reporter for

the United States District Court for the District of Arizona.

I FURTHER CERTIFY that the foregoing pages constitute

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a full, true, and accurate transcript of all of that portion of

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the proceedings contained herein, had in the above-entitled

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cause on the date specified therein, and that said transcript

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was prepared under my direction and control.

DATED at Phoenix, Arizona, this 22nd day of May,

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2015.

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s/Candy L. Potter________
Candy L. Potter, RMR, CRR

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IEN

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DS

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FR

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UNITED STATES DISTRICT COURT

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