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Case 2:07-cv-02513-GMS Document 1923 Filed 01/13/17 Page 1 of 2

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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Manuel de Jesus Ortega Melendres, on No. CV-07-2513-PHX-GMS
9 behalf of himself and all others similarly
situated; et al. ORDER
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Plaintiffs,
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12 and

13 United States of America,

14 Plaintiff-Intervenor,

15 v.
16 Paul Penzone, in his official capacity as
Sheriff of Maricopa County, Arizona; et al.
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Defendants.
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19 Pending before the Court are two related motions filed by Defendant Arpaio—
20 Sheriff Arpaio’s Motion for Recusal of the Court and its Monitor (Doc. 1878) and Sheriff
21 Arpaio’s related Motion for Leave to File Motion for Discovery (Doc. 1884). Although
22 the Court has not yet ruled on either motion, the Court is informed that in his recent
23 appeal, Sheriff Arpaio has requested that this Court be recused for the reasons set forth in
24 Doc. 1878.
25 Prior to proceeding to rule on the above motions, the Court wishes to determine
26 whether: (a) the Sheriff has appropriately raised this argument in his appeal in the
27 absence of a ruling from the district court, and (b) if so, whether and to what extent, if
28 any, this Court retains jurisdiction to rule on the two pending motions identified above.
Case 2:07-cv-02513-GMS Document 1923 Filed 01/13/17 Page 2 of 2

1 See Cal. Dep’t of Toxic Substances Control v. Commercial Realty Projects, Inc., 309
2 F.3d 1113, 1120 (9th Cir. 2002) (holding that a district court loses jurisdiction over
3 subject matter of appeal); cf. United States v. Garner, 663 F.2d 834, 838 (9th Cir. 1981)
4 (“When there is a deficiency in the notice of appeal for whatever reason, however, the
5 district court is not deprived of jurisdiction.”).
6 IT IS THEREFORE ORDERED that any parties who wish to address these
7 questions file simultaneous briefs not to exceed ten pages on the two questions no later
8 than Friday, January 27, 2017.
9 IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure
10 25(d), Paul Penzone, in his official capacity as Sheriff of Maricopa County, is substituted
11 as Defendant in this action in place of Joseph M. Arpaio, in his official capacity as
12 Sheriff of Maricopa County. The Clerk of Court is directed to change the caption
13 accordingly and all parties are directed to file all future documents under the updated
14 caption as referenced above.
15 Dated this 13th day of January, 2017.
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17 Honorable G. Murray Snow
18 United States District Judge

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