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Case 2:07-cv-02513-GMS Document 1472 Filed 10/09/15 Page 1 of 7

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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Manuel de Jesus Ortega Melendres,


et al.,

Plaintiffs,

vs.

Joseph M. Arpaio, et al.,


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Defendants.

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No. CV 07-2513-PHX-GMS
Phoenix, Arizona
October 8, 2015
9:31 a.m.

SEALED PROCEEDINGS

REPORTER'S TRANSCRIPT OF PROCEEDINGS

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BEFORE THE HONORABLE G. MURRAY SNOW

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(Evidentiary Hearing Day 11 - Sealed Proceedings)


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Court Reporter:

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Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263

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Proceedings taken by stenographic court reporter


Transcript prepared by computer-aided transcription

A P P E A R A N C E S

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For the Plaintiffs:


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

American Civil Liberties Union Foundation


Immigrants' Rights Project
By: Andre Segura, Esq.
125 Broad Street, 18th Floor
New York, New York 10004

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American Civil Liberties Union of Arizona


By: Daniel J. Pochoda, Esq.
P.O. Box 17148
Phoenix, Arizona 85011

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Covington & Burling, LLP


By: Tammy Albarran, Esq.
1 Front Street, 35th Floor
San Francisco, California 94111

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Covington & Burling, LLP


By: Stanley Young, Esq.
By: Michelle L. Morin, Esq.
333 Twin Dolphin Drive, Suite 700
Redwood Shores, California 94065

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For Executive Chief Brian Sands:


Lewis, Brisbois, Bisgaard & Smith, LLP
By: Greg S. Como, Esq.
2929 N. Central Avenue, Suite 1700
Phoenix, Arizona 85012

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For the Defendant Maricopa County:


Walker & Peskind, PLLC
By: Richard K. Walker, Esq.
SGA Corporate Center
16100 N. 7th Street, Suite 140
Phoenix, Arizona 85254

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Case 2:07-cv-02513-GMS Document 1472 Filed 10/09/15 Page 2 of 7


Melendres v. Arpaio, 10/8/15 Evidentiary Hearing

A P P E A R A N C E S

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For the Defendant Joseph M. Arpaio and Maricopa County


Sheriff's Office:
Iafrate & Associates
By: Michele M. Iafrate, Esq.
649 N. 2nd Avenue
Phoenix, Arizona 85003

Jones, Skelton & Hochuli, PLC


By: John T. Masterson, Esq.
By: Joseph T. Popolizio, Esq.
2901 N. Central Avenue, Suite 800
Phoenix, Arizona 85012

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For the Intervenor United States of America:


U.S. Department of Justice - Civil Rights Division
By: Paul Killebrew, Esq.
950 Pennsylvania Avenue NW, 5th Floor
Washington, D.C. 20530

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U.S. Department of Justice - Civil Rights Division


By: Cynthia Coe, Esq.
601 D. Street NW, #5011
Washington, D.C. 20004

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Case 2:07-cv-02513-GMS Document 1472 Filed 10/09/15 Page 3 of 7


Melendres v. Arpaio, 10/8/15 Evidentiary Hearing

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THE COURT:

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Case 2:07-cv-02513-GMS Document 1472 Filed 10/09/15 Page 4 of 7


SEALED PROCEEDINGS, 10/8/15 Evidentiary Hearing

You're not

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invited.

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memorandum, do you have any problem with what I just indicated

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I would allow and not allow?

THE COURT:

That's fine.

I don't have any problem

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record that I've shown it to all parties, but not to all

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specially appearing nonparties.

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09:31:18

maintaining the document under seal, but I do want to make a

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Well, I think this document at this

point should still remain under seal.

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09:31:00

Mr. Masterson, in light of Mr. Conrad's

MR. MASTERSON:

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Thank you.

You're not here, Mr. McDonald.

MR. MASTERSON:

Correct.

09:31:34

THE COURT:

Okay.

MR. MASTERSON:

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SEALED PROCEEDINGS, 10/8/15 Evidentiary Hearing

I don't have an objection to the

Court's intentions at this point.


THE COURT:

Okay.

If in that questioning, you know,

he starts verging on an area about which you have concern that

there may remain a law enforcement privilege, Mr. Walker,

Mr. Masterson, then you can raise it and we'll discuss it at

sidebar.

Mr. Young and that's what I'm inclined to allow.

But that's the general outline I've given to

MR. MASTERSON:

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Now, I do think it -- obviously, I

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don't know what Mr. Young intends to ask before getting into

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areas concerning who may have been subpoenaed -THE COURT:

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matters that Mr. Conrad addresses that I think are worthy of

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more consideration.

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necessarily give rise to such questioning by Mr. Young, but I

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do agree that if he -- that if you want to go there, Mr. Young,

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I've got concerns about that.

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MR. YOUNG:

But I didn't hear anything that would

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questions for him this morning -- is going to get into this

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area.

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Sheriff Arpaio that remains -- and I do have a few more

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09:32:15

I don't think that the examination of

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09:31:56

I completely agree that that seems to be

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09:31:41

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I think we need to confer about other witnesses as to

whether those witnesses' testimony will involve -THE COURT:

All right.

Well, I would be inclined, for

what it's worth, to give the same general outline as it

09:32:48

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SEALED PROCEEDINGS, 10/8/15 Evidentiary Hearing

pertains to those other witnesses.

considerations, either that the plaintiff wants me to consider

or the defendants want me to consider, let's raise them before

we start into those witnesses.

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All right.

THE COURT:

All right.

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MR. YOUNG:

If there are different

All right?

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Thank you.

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Case 2:07-cv-02513-GMS Document 1472 Filed 10/09/15 Page 7 of 7


Melendres v. Arpaio, 10/8/15 Evidentiary Hearing

C E R T I F I C A T E

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I, GARY MOLL, do hereby certify that I am duly

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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.

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DATED at Phoenix, Arizona, this 9th day of October,

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2015.

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IEN

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s/Gary Moll