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County, Arizona; Will Humble, in his official capacity as Director of the Department of Health Services; and David Raber, in his official capacity as Director of the Department of Revenue, Defendants. Jennifer C. Pizer declares and states as follows: 1.
I am licensed to practice law in the State of California and the State of New York and have been admitted
pro hac vice
to serve as one of the counsel of record for Plaintiffs in this action. I have personal knowledge of the matters stated in this declaration and could and would so testify if called as a witness. 2.
On Monday morning, August 25, 2014, my co-counsel, Carmina Ocampo, told me that Plaintiff George Martinez had telephoned her the prior evening. She said he had seemed in fairly good spirits and his health condition did not seem appreciably changed from prior weeks. On Tuesday, August 26, 2014, we were alerted that George had been taken to the hospital and was determined to be dehydrated, malnourished and in pain. We were advised that he appeared to be responding well to treatment. On Wednesday afternoon, August 27, 2014, we were informed that George’s condition had worsened suddenly and it appeared he had little remaining time to live. 3.
On Wednesday at approximately 6:00 pm, I left a telephone voice message for defense counsel, Special Assistant Attorney General Jim Campbell, asking that he call me or co-counsel at his earliest convenience. I followed that voice message with an email conveying the same request, on which I also copied Assistant Attorney General Kathleen Sweeney. 4.
After 1:00 am on Thursday, August 28, 2014, I received an email from Mr. Campbell saying he would telephone in the morning. I responded with an email, copying Ms. Sweeney, explaining the sudden decline in Mr. Martinez’s condition and that we had decided to seek a temporary restraining order seeking the relief requested in the motion of Plaintiffs George Martinez and Fred McQuire for a preliminary injunction, filed
Case 2:14-cv-00518-JWS Document 65 Filed 09/02/14 Page 2 of 5