Castro v. Fontes (2:23-cv-01865)

COMPLAINT. Filing fee received: $ 402.00, receipt number 200008160 filed by John Anthony Castro. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DXD) (Entered: 09/06/2023)

MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by John Anthony Castro. (DXD) (Entered: 09/06/2023)

NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (DXD) (Entered: 09/06/2023)

ORDER granting 3 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge Douglas L Rayes on 9/7/23. (DXD) (Entered: 09/07/2023)

SERVICE EXECUTED filed by John Anthony Castro: Proof of Service re: Summons and Complaint upon Defendant Secretary of State Adrian Fontes on 09/15/2023. (Castro, John Anthony) (Entered: 09/15/2023)

*Construed as a MOTION for Preliminary Injunction (Titled: Emergency MOTION for Temporary Restraining Order) per Order 12 by John Anthony Castro. (Attachments: # 1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) *Modified to correct motion type and text on 9/19/2023 (REK). (Entered: 09/18/2023)

NOTICE re: Service on Both Defendants via CMRRR and Email by John Anthony Castro re: 12 Order,,, Set/Reset Motion and R&R Deadlines/Hearings,,, Set/Reset Hearings,,, Terminate Motions,, . (Castro, John Anthony) (Entered: 09/19/2023)

MOTION to Compel the Remote Testimony of Virginia "Ginni" Thomas at Hearing for Preliminary Injunction as a Material Witness by John Anthony Castro. (Attachments: # 1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) (Entered: 09/19/2023)

ORDER: Plaintiff John Anthony Castro moves the Court to compel the remote testimony of Virginia Thomas at the October 23, 2023, preliminary injunction hearing. (Doc. 15 .) Mr. Castro represents that he wishes to examine Ms. Thomas in order to explore whether there might be grounds for her spouse, Justice Clarence Thomas, to recuse from hearing a hypothetical future appeal of this case. Mr. Castro has not shown that such testimony is material to the merits of his preliminary injunction motion. Accordingly, IT IS ORDERED that Mr. Castro's 15 Motion to Compel is DENIED. Ordered by Judge Douglas L Rayes on 9/19/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 09/19/2023)

*NOTICE of Appearance by Kara Karlson on behalf of Adrian Fontes. (Karlson, Kara) *Modified to correct event and text on 9/22/2023 (REK). (Entered: 09/21/2023)

AFFIDAVIT of John Anthony Castro re: 11 MOTION for Preliminary Injunction Supplemental Affidavit in Support of Preliminary Injunctive Relief by Plaintiff John Anthony Castro. (Attachments: # 1 Exhibit Exhibit A, Third Superseding Indictment of Enrique Tarrio, et al.)(Castro, John Anthony) (Entered: 09/24/2023)

MOTION to Continue Preliminary Injunction Hearing Consolidated with a Bench Trial on the Merits by John Anthony Castro. (Attachments: # 1 Proposed Order Proposed Order (PDF))(Castro, John Anthony) (Entered: 09/27/2023)

ORDER: Before the Court is Plaintiff's 22 Motion for Continuance requesting the Court continue the hearing on his 11 Preliminary Injunction Motion from 10/31/2023 to 11/7/23 due to "immovable scheduling conflicts that would prevent [his] personal physical attendance." At the 9/25/2023 status conference, the parties agreed that the 10/31/2023 hearing would not be evidentiary but instead would be oral argument on the papers only. With that understanding, and to the accommodate Plaintiff's schedule, the Court will convert the hearing to a telephonic oral argument obviating the need for in-person appearances. Accordingly, Plaintiff's 22 Motion for Continuance is DENIED. The parties will be provided with call-in information via separate email. Ordered by Judge Douglas L Rayes on 9/28/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 09/28/2023)

MOTION to Intervene Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure by Arizona Republican Party. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order Proposed Order)(Wilenchik, Dennis) (Entered: 10/11/2023)

ORDER: IT IS ORDERED that responses, if any, to the 26 Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure shall be due no later than 12:00 PM (Noon) on 10/16/2023. Movant Arizona Republican Party may file an optional reply no later than 5:00 PM on 10/17/2023. Ordered by Judge Douglas L Rayes on 10/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 10/11/2023)

First MOTION for Leave to File Excess Pages by Donald J Trump. (Attachments: # 1 Proposed Order)(LaSota, Timothy) (Entered: 10/13/2023)

RESPONSE in Opposition re: 11 MOTION for Preliminary Injunction filed by Donald J Trump. (LaSota, Timothy) (Entered: 10/13/2023)

MOTION Stipulated Motion Naming Defendant AZ Secretary of State Adrian Fontes as a Nominal Party by Adrian Fontes. (Attachments: # 1 Proposed Order Naming Defendant AZ Secretary of State Adrian Fontes as a Nominal Party)(Cummings, Kyle) (Entered: 10/13/2023)

ORDER: IT IS ORDERED granting Defendant Donald Trump's 29 Motion to Exceed Page Limitations. Defendant Trump's 30 motion to dismiss is accepted. FURTHER ORDERED that Plaintiff Castro is granted a commensurate extension of the page limit for his response to the motion to dismiss. Ordered by Judge Douglas L Rayes on 10/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 10/16/2023)

RESPONSE to Motion re: 26 MOTION to Intervene Motion of the Arizona Republican Party to Intervene Pursuant to Rule 24 of the Federal Rules of Civil Procedure filed by Adrian Fontes. (Cummings, Kyle) (Entered: 10/16/2023)

*RESPONSE to 37 Order Explaining Nominal Status by Plaintiff John Anthony Castro. (Castro, John Anthony) *Modified to add document link on 10/17/2023 (REK). (Entered: 10/16/2023)

ORDER: There being no opposition, and it appearing that the elements of Fed. R. Civ. P. 24(a)(2) are met, IT IS ORDERED that the Arizona Republican Party's motion to intervene (Doc. 26 ) is granted. The parties shall appear telephonically for a status conference on October 18, 2023 at 2:00PM (Arizona time) to discuss how the Arizona Republican Party's intervention impacts the current case management schedule. Call-in instructions will be provided via separate email. Ordered by Judge Douglas L Rayes on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 10/17/2023)

ORDER: The Court having been advised that counsel of record for Intervenor the Arizona Republican Party is unavailable for tomorrow's telephonic status conference, and given the time-sensitive nature of this matter, IT IS ORDERED that the status conference is vacated. IT IS FURTHER ORDERED that Intervenor the Arizona Republican Party shall file its Third-Party Complaint in Intervention no later than October 18, 2023. IT IS FURTHER ORDERED modifying the schedule in this matter as follows: (1) if any party intends to file a dispositive motion related to the Arizona Republican Party's Third-Party Complaint in Intervention, they must do so by no later than October 25, 2023; (2) if any party files a dispositive motion related to the Arizona Republican Party's Third-Party Complaint in Intervention, responses shall be due no later than November 1, 2023, and replies shall be due no later than November 7, 2023; (3) the hearing on Mr. Castro's preliminary injunction motion and on Defendant Donald Trump's motion to dismiss currently scheduled for October 31, 2023 is reset for November 14, 2023 at 9:00AM (Arizona time), will remain telephonic, and will consist of oral argument on the paper record; (4) if dispositive motions related to the Arizona Republican Party's Third-Party Complaint in Intervention are filed, those motions will be considered and argued at the November 14, 2023 hearing as well; (5) by no later than November 7, 2023, the Arizona Republican Party must notify the Court in writing whether it agrees with Mr. Castro and Mr. Trump that the November 14, 2023 preliminary injunction hearing can be consolidated with the final trial on the merits. These deadlines are firm and will not be moved absent a persuasive showing of good cause. Ordered by Judge Douglas L Rayes on 10/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 10/17/2023)

*RESPONSE re: 37 Order by Donald J Trump. (LaSota, Timothy) *Modified to correct event and filer on 10/19/2023 (REK). (Entered: 10/18/2023)

*MOTION to Dismiss for Failure to State a Claim 43 Third-Party Complaint by John Anthony Castro. (Castro, John Anthony) *Modified to correct motion type, link, and text on 10/23/2023 (CSL). (Entered: 10/22/2023)

*RESPONSE re: 42 Order by ThirdParty Plaintiff Arizona Republican Party, Intervenor Plaintiff Arizona Republican Party. (Wilenchik, Dennis) *Modified to correct text on 10/30/2023 (KLG). (Entered: 10/27/2023)

SUPPLEMENT Notice of Supplemental Authority re: 39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff John Anthony Castro. (Attachments: # 1 1st Circuit Emergency Motion for Expedited Review and En Banc Determination)(Castro, John) (Entered: 10/30/2023)

SUPPLEMENT Notice of Supplemental Authority re: 39 Response to Motion to Dismiss for Lack of Jurisdiction by Plaintiff John Anthony Castro. (Attachments: # 1 Exhibit Appellant's Opening Brief to the First Circuit)(Castro, John) (Entered: 11/01/2023)

NOTICE by Donald J Trump re: 30 First MOTION to Dismiss for Lack of Jurisdiction . (LaSota, Timothy) (Entered: 11/02/2023)

NOTICE by Donald J Trump re: 30 First MOTION to Dismiss for Lack of Jurisdiction . (LaSota, Timothy) (Entered: 11/09/2023)

NOTICE by John Anthony Castro re: 39 Response to Motion to Dismiss for Lack of Jurisdiction [Minnesota Supreme Court Confirms Federal Judiciary is Proper Forum and Distinguishes Primary Election from General Election]. (Castro, John) (Entered: 11/09/2023)

NOTICE re: Notice of Supplemental Authority on Injury Analysis for Standing by John Anthony Castro re: 39 Response to Motion to Dismiss for Lack of Jurisdiction . (Castro, John) (Entered: 11/12/2023)

TRANSCRIPT REQUEST by Donald J Trump for proceedings held on 11/14/2023, Judge Douglas L Rayes hearing judge(s). (LaSota, Timothy) (Entered: 11/14/2023)

NOTICE by Donald J Trump re: 30 First MOTION to Dismiss for Lack of Jurisdiction . (LaSota, Timothy) (Entered: 11/15/2023)

**Stricken per 68 Order** NOTICE re: of Supplemental Legal Authority on Section 3 of the 14th Amendment by John Anthony Castro re: 39 Response to Motion to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Case of David, # 2 In Re Griffin)(Castro, John) Modified on 11/17/2023 (RMV). (Entered: 11/17/2023)

ORDER: Plaintiff Castro has filed a notice of supplemental legal authority, consisting of copies of Case of Davis and Griffin's Case, along with 3 pages of briefing containing Mr. Castro's interpretation of these cases. (Doc. 67 .) This notice is stricken. The Court's prior order was clear. The parties remain free to file notices of supplemental legal authority if new, previously unavailable judicial decisions relevant to the issue become available before the Court rules. These cases are not new, nor were they previously unavailable. To the contrary, they were discussed at length by Mr. Castro and Defendant Trump in the prior briefing and at oral argument. The Court will consider these cases, as they were already cited to the Court and discussed at length by all parties. But the Court will not consider the unauthorized, post-hearing briefing Mr. Castro has submitted under the guise of a notice of supplemental authority. Ordered by Judge Douglas L Rayes on 11/17/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 11/17/2023)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC ORAL ARGUMENT proceedings held on 11/14/2023 before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (RAP) (Entered: 11/27/2023)

NOTICE re: of New Legal Authority from the First Circuit by John Anthony Castro re: 39 Response to Motion to Dismiss for Lack of Jurisdiction . (Attachments: # 1 Exhibit Flawed First Circuit Ruling)(Castro, John) (Entered: 11/27/2023)

ORDER: Trump's motion to dismiss for lack of subject-matter jurisdiction 30 is GRANTED. Castro's motion for leave to amend 73 is DENIED. The ARP's third-party complaint 43 is DISMISSED as moot. All remaining motions (Doc. 11 and Doc. 46 ) are DENIED as moot. The Clerk of the Court is directed to terminate this case. See Order for further details. Signed by Judge Douglas L Rayes on 12/4/2023. (CSL) (Entered: 12/05/2023)

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 74 Order Dismissing Case,, Terminate Motions, by John Anthony Castro. (Castro, John) (Entered: 12/05/2023)

Document entered in in error. All docket text associated with this entry has been removed. (BAC). (Entered: 12/13/2023)

USCA Appeal Fees received re: 76 Notice of Appeal filed by John Anthony Castro. Filing Fee $ 605.00, receipt number 200009642. (BAS) (Entered: 12/06/2023)