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Case 2:07-cv-02513-GMS Document 1727 Filed 06/29/16 Page 1 of 2

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John T. Masterson, Bar #007447
Joseph J. Popolizio, Bar #017434
Justin M. Ackerman, Bar #030726
JONES, SKELTON & HOCHULI, P.L.C.
40 North Central Avenue, Suite 2700
Phoenix, Arizona 85004
Telephone: (602) 263-1700
Fax: (602) 200-7846
jmasterson@jshfirm.com
jpopolizio@jshfirm.com
jackerman@jshfirm.com
Attorneys for Defendant Joseph M. Arpaio in
his official capacity as Sheriff of Maricopa
County, AZ

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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Manuel de Jesus Ortega Melendres, et al.,
Plaintiff,

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v.

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Joseph M. Arpaio, et al.,

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DEFENDANT ARPAIO’S
RESPONSE TO PLAINTIFFS
REQUEST TO MODIFY PROCESS
FOR APPOINTMENT OF
INDEPENDENT IA AUTHORITY

Defendant.

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NO. CV 07-02513-PHX-GMS

The Plaintiffs request is untimely. In the Court’s Order of June 16, 2016,
pg. 2., ll(s) 9-10 the Court ordered that “if plaintiffs have any objection to this procedure
they should file their objection with the Court immediately.” Nearly two weeks later is
not an immediate objection.
In addition, Plaintiffs have not stated any valid reason for changing the
procedure adopted by the Court at this late date. The Plaintiffs note that the “candidates
for these positions will all have the necessary qualifications, [but] they will bring different
experiences and abilities, which should be considered by the Court.” There is nothing
about the current procedure which will not allow the Court to make any pertinent inquiries
and consider the “different experiences” of the parties or entities proposed.
Finally, Plaintiffs suggest that the Court must be made aware of which Party

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Case 2:07-cv-02513-GMS Document 1727 Filed 06/29/16 Page 2 of 2

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has nominated each candidate so that the Court “may direct questions to and raise

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concerns with the appropriate Party.” There is nothing stopping the Court from directing

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any questions to and raising any concerns with either of the authorities ultimately

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suggested by the Parties. The Court can certainly inquire as to how many times the

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proposed independent authorities have been retained or utilized by the ACLU or the

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Department of Justice. The Court can also make inquiry as to any other questions which

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may reveal a conflict of interest. Plaintiffs’ late request should be denied.

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DATED this 29th day of June, 2016.

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JONES, SKELTON & HOCHULI, P.L.C.

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By /s/ John T. Masterson
John T. Masterson
Joseph J. Popolizio
Justin M. Ackerman
40 North Central Avenue, Suite 2700
Phoenix, Arizona 85004
Attorneys for Defendant Joseph M. Arpaio
in his official capacity as Sheriff of
Maricopa County, AZ

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CERTIFICATE OF SERVICE

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I hereby certify that on this 30th day of June, 2016, I caused the foregoing
document to be filed electronically with the Clerk of Court through the CM/ECF System
for filing; and served on counsel of record via the Court’s CM/ECF system.

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/s/Mary M. Soto

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