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16-1538 - Pierce v. Ducey et al


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16-1538 - Pierce v. Ducey et al
March 26, 2018
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ORDER denying 54 the State of Arizona's Motion to Dismiss and 56 Governor Ducey's Motion to Dismiss. ORDERED that the Defendants' Joint Motion to Dismiss (Doc. 62) is denied, except that the motion to dismiss Claim Two: ยง 1983, which Plaintiff does not oppose, is granted. ORDERED that Plaintiff's Motion for Preliminary Injunction (Doc. 45) is terminated as moot in light of its consolidation with trial on the merits. FURTHER ORDERED that the parties submit further briefing on whether the March 23, 2018 congressional consent to the 2016 amendment of Article 10, Section 7 of the Constitution of Arizona validates (1) the excess fund disbursements in 2016 and 2017 while the 2016 constitutional amendment could not be implemented and (2) the excess fund disbursements in 2012 through 2015 under the unconsented 2012 constitutional amendment. FURTHER ORDERED that counsel confer and submit by April 4, 2018, a joint proposal or separate proposals for a schedule for such briefing. See document for complete details. Signed by Senior Judge Neil V Wake on 3/26/18. (EJA)