Case 2:07-cv-02513-GMS Document 1630 Filed 02/26/16 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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Manuel de Jesus Ortega Melendres, on

behalf of himself and all others similarly
situated; et al.

No. CV-07-2513-PHX-GMS
ORDER

Plaintiffs,

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and

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United States of America,

Plaintiff-Intervenor,

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v.

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Joseph M. Arpaio, in his official capacity as

Sheriff of Maricopa County, Arizona; et al.

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Defendants.

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The Court has been advised by its Clerks Office that Maricopa Countys Motion

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for Recognition of its Rights as a Party Litigant (Doc. 1272) has not been formally ruled

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on by the Court.

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The Court believes nevertheless that it has ruled on this motion both orally and in

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practicality as this case has proceeded. As the appropriate jural entity for the Maricopa

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County Sheriffs Office, Maricopa County is a party to this lawsuit. Sheriff Arpaio, also

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named as a Defendant in his official capacity since the initiation of this suit, has had

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separate representation throughout this lawsuit provided by the County. Although there

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may be no difference, practical or otherwise, between naming Maricopa County as the

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appropriate jural entity for MCSO and also naming Sheriff Arpaio in his official capacity,

Case 2:07-cv-02513-GMS Document 1630 Filed 02/26/16 Page 2 of 3

Maricopa County has nevertheless retained separate counsel for the County as an entity

in this litigation.

No party has sought to dismiss the County as a separate entity. The Court has

rejected any attempt by the Countys separate counsel to portray themselves as

representing only parts of the County, as they do in their motion, as opposed to

representing the County as a whole. The County has nevertheless been allowed to

participate and proceed as a separate party, with the exception that, on a few occasions,

the Court has upheld relevance objections to some of the Countys lines of questioning in

light of its status in this suit as the appropriate jural entity for the MCSO.

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The Court thus grants the motion in part, but denies it to the extent that the Motion

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seeks to limit the County for purposes of this lawsuit as being other than the County as a

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whole sued as the appropriate jural entity against which suits against the MCSO must be

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brought.

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Additionally, the Court has become aware of the need to update its previous order
Doc. 1624 filed last week in the following respects.
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The Court has become aware of Docs. 735, 749 and 755 which informed

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the Court of the status of investigations prior to its November 20 Order, Doc. 795. It has

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also become aware of Docs. 1052 and 1076 which, although in response to separate

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orders of the Court, see, e.g., Tr. 427, 1012-13, and Doc. 1064, also can be viewed as

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providing information in partial response to its order Doc. 795 at 9-10.

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wishes to address the accuracy of the information or otherwise address these documents

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they may do so at the March 1 hearing.

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2.

If any party

Other Exhibits that may contain statements by Dennis Montgomery include

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Exs. 2269, 2726, 2917-19, 2923, 2927, 2935, 2938 and 2940. The Court has not yet

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reviewed the audio files that may contain statements by Montgomery but insofar as the

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Court can determine those audio files consist of Exs. 2977-80, 2981A and 2981B. The

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Court will hear whatever specific arguments any party wishes to present about the

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statements made in these documents.

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In preparing its findings of fact the Court may wish to consider affidavits or

statements made under penalty of perjury previously filed in this action by Sheriff Joe

Arpaio. If any party would like to be heard on such matters, they are invited to address

them at the March 1 hearing.

IT IS HEREBY ORDERED that Maricopa Countys Motion for Recognition of

its Rights as a Party Litigant (Doc. 1272) is granted in part and denied in part as stated

above.

Dated this 26th day of February, 2016.

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Honorable G. Murray Snow

United States District Judge

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