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12-8123 - United States of America v. Colorado City, Town of et al


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12-8123 - United States of America v. Colorado City, Town of et al
November 16, 2012
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ORDER the United States' Motion to Transfer Related Case (doc. 275 in CV-10-8105) is denied. The Clerk of the Court shall file a copy of this Order in CV-12-8123-PCT-HRH and CV-10-8105-PCT-JAT. Signed by Judge James A Teilborg on 11/16/12. (TLJ)
March 31, 2014
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ORDER Plaintiff's motion 296 for an order declaring certain matters admitted is denied. Plaintiff's alternative motion compelling defendant Colorado City to respond more fully to plaintiff's first and third requests for admissions is granted. Signed by Judge H Russel Holland on 3/31/2014.(KMG)
July 11, 2014
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ORDER Plaintiff's motion 357 to compel is granted in part and denied in part. Colorado City is compelled to provide supplemental responses as set out above on or before August 1, 2014. To the extent that Colorado City is claiming privilege as to any of the discovery requests that are the subject of the instant motion, it must file a privilege log on or before August 1, 2014, or the privilege will be deemed waived. Although the close of fact discovery in this case is currently July 31, 2014, and although the court previously warned the parties that an extension of this deadline would likely not be granted, the court will extend the close of fact discovery until August 25, 2014 in order to give plaintiff time to review the supplement responses and to file any necessary motions. If the parties believe any other discovery deadlines should be extended as a result of the extension of fact discovery, they may file a proposed schedule for the court's consideration. Signed by Judge H Russel Holland on 7/11/2014.(KMG)
July 28, 2014
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ORDER that plaintiff's 353 Motion for Sanctions is granted as to plaintiffs' first request, with which Colorado City has already complied, and as to the second request but is denied as to the third and fourth requests. Colorado City shall provide plaintiff with the list of altered police reports and how they were altered, or copies of the unaltered reports, on or before August 18, 2014. Signed by Judge H Russel Holland on 7/28/2014.(LFIG)
October 27, 2014
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ORDER Plaintiff's motion 469 to strike the Hildale defendants' categorical witness disclosures 73, 77-78, and 80-82 is granted. The Hildale defendants may not call as witnesses at trial any of the persons named in connection with foregoing numbered categorical witness disclosures as set out in the second amended final witness list of August 7, 2014 451. Signed by Judge H Russel Holland on 10/27/2014.(KMG)
October 27, 2014
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ORDER - The motion 471 to compel the United Effort Plan Trust to produce documents in response to Hildale's subpoena is denied. Signed by Judge H Russel Holland on 10/27/2014.(KMG)
October 27, 2014
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ORDER The motion to compel 472 production of documents is denied as to the Arizona Attorney General's criminal division and granted as to the Arizona Attorney General's civil division. Arizona's motion 478 to quash subpoena is denied. Signed by Judge H Russel Holland on 10/27/2014.(KMG)
October 27, 2014
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ORDER The defendants' joint motion to strike 493 is denied. Plaintiff's motion 470 to compel is granted. Defendants shall produce for plaintiff the minutes of the executive sessions of their respective councils and boards which took place between January 1, 2005, and the present. Each of the defendants shall provide plaintiff with a privilege log as to any minutes or portions of minutes or attachments thereto which are not produced based upon the attorney-client or work product privileges. Production shall be accomplished on or before November 17, 2014. Signed by Judge H Russel Holland on 10/27/2014.(KMG)
October 28, 2014
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ORDER Plaintiff's motion to compel 473 is granted. Plaintiff may re-notice Officer Cooke's deposition. Officer Cooke shall attend the deposition and answer the questions to which he previously took exception as well as related follow-up questions. Signed by Judge H Russel Holland on 10/28/2014.(KMG)
October 28, 2014
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ORDER Plaintiff's motion to compel 474 is granted. Plaintiff may re-notice Mr. Steed's deposition. Mr. Steed shall attend the deposition and answer the questions to which he previously took exception, as well as related follow-up questions. Signed by Judge H Russel Holland on 10/28/2014.(KMG)
March 17, 2015
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ORDER The Hildale Defendants' motion in limine 574 for the exclusion of expert testimony by Mann and Stephenson is granted for violation of Rule 26(a)(2)(B). In consideration of the foregoing, the court need not address the parties' other arguments. Signed by Judge H Russel Holland on 3/17/2015.(KMG)
June 17, 2015
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ORDER denying 541 Plaintiff's Motion for Partial Summary Judgment and granting in part and denying in part 544 Colorado City's Motion for Summary Judgment. The motion is granted as to plaintiff's request for Count II damages on behalf of Isaac Wyler, Willie R. Jessop, and Ross and Lori Chatwin. Plaintiff is precluded from requesting FHA damages from any defendant on behalf of these aggrieved persons, should plaintiff prevail on its FHA claims in Count II. Colorado City's motion is otherwise denied. IT IS FURTHER ORDERED granting in part and denying in part 548 the Hildale defendants' Motion for Partial Summary Judgment. The motion is granted as to TCP. Plaintiff's claims against TCP are dismissed with prejudice. The motion is also granted as to plaintiff's request for FHA damages from TCWA on behalf of Dan Wayman. Plaintiff is precluded from seeking FHA damages from TCWA on behalf of Dan Wayman. The Hildale defendants' motion is otherwise denied. Signed by Judge H Russel Holland on 06/17/15. (ATD)
April 18, 2017
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d 1345 and 42 U.S.C. § 3614. The court shall retain jurisdiction over this case to enforce the terms of this judgment and injunction. The injunctive relief granted by this judgment and decree shall be in effect immediately upon entry. Except as expressly provided otherwise, the injunctive relief(Section V(B) and V(C)) shall remain in effect for ten years or until otherwise ordered by the court. The United States shall submit its petition for costs within 90 days of the entry of this in***AMENDED in Part by (Doc. 1089)--JUDGMENT AND DECREE re: PERMANENT INJUNCTION: Colorado City and the City of Hildale (including the CCMO), their officers, employees, and agents, and their successors and all persons inactive concert or participation with them, are hereby enjoined as follows: they shall not engage in any conduct that violates the Establishment Clause of the First Amendment of the United States Constitution; or violates the Fourth Amendment of the United States Constitution, including the right of individuals to be free from unreasonable seizures of property and arrests without probable cause; or violates the Equal Protection clause of the Fourteenth Amendment of the United States Constitution. The court shall appoint, using the procedures set forth below, one or more monitors (Monitor) who shall have the authorities and responsibilities as set forth in this Order. The Defendant Cities shall be responsible for maintaining and preserving, or supervising the maintenance and preservation, of all records, including but not limited to electronic records and files, created in association with complying with this injunction. This court has jurisdiction of this case pursuant to 28 U.S.C. §§ 1331 anjunction. All parties shall be responsible for their own attorney fees (see document for further details). Signed by Judge H Russel Holland on 4/18/17. (KGM) Modified on 8/1/2017 (ATD).