2 CA-CV 2012-0111 PIMA COUNTY HUMAN RIGHTS COMMITTEE v. ARIZONA DEPARTMENT OF HEALTH SERVICES

Department: B
County: Pima
Cause Numbers: C20121669

Scott Rash

Submitted: 04/05/2013 At Issue Date: 02/20/2013 At Issue Number: 2012-02571

Party/Attorney Information
Party Information Attorney Information
PIMA COUNTY HUMAN RIGHTS COMMITTEE, KEN KARRELS, CHAIRMAN
Plaintiff/Appellant

D. Douglas Metcalf
LEWIS ROCA ROTHGERBER, LLP
Retained

ARIZONA DEPARTMENT OF HEALTH SERVICES
Defendant/Appellee

Joel Rudd
ASSISTANT ATTORNEY GENERAL
Retained

Aubrey Joy Corcoran
ARIZONA ATTORNEY GENERAL'S OFFICE
Retained

Professor Gin
Writing Class
Advisory

Filings, Dues and Continuances
Document Type Due Date Document Title Filing Date Attorney/Firm Type
Record    NOTIFICATION OF ELECTRONIC RECORD  08/08/2012    Filing
Opening Brief    Opening Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman  10/15/2012  Metcalf, D. Douglas   Filing
Motion for Extension to File Answer Brief    Motion for Procedural Order for Extension of Time to File Answering Brief  11/29/2012  Corcoran, Aubrey Joy   Filing
Motion for Extension to File Answer Brief    Second Motion for Procedural Order for Extension of Time to File Answering Brief  12/18/2012  Corcoran, Aubrey Joy   Filing
Answering Brief    Appellees Answering Brief  01/22/2013  Corcoran, Aubrey Joy   Filing
Reply Brief    REPLY BRIEF OF APPELLANT PIMA COUNTY HUMAN RIGHTS COMMITTEE, KEN KARRELS, CHAIRMAN  02/13/2013  Metcalf, D. Douglas   Filing
Request for Oral Argument    Request for Oral Argument  02/13/2013  Metcalf, D. Douglas   Filing
Supplemental Brief     Supplemental Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman Responding to the Courts Show Cause Order  03/14/2013  Metcalf, D. Douglas   Filing
Response    Appellees Response to Supplemental Brief  04/01/2013  Corcoran, Aubrey Joy   Filing
Answering Brief  01/22/2013  Answering Brief    Corcoran, Aubrey Joy   Due
Opening Brief  10/22/2012  Opening Brief    Metcalf, D. Douglas   Due
Reply Brief  02/15/2013  Reply Brief    Metcalf, D. Douglas   Due
Notice to the Court  03/20/2013  Notice to the Court    Metcalf, D. Douglas   Due
Response  04/01/2013  Response    Corcoran, Aubrey Joy   Due
Petition for Review to Supreme Court  07/01/2013  Petition for Review to Supreme Court      Due
Motion for Reconsideration  06/14/2013  Motion for Reconsideration      Due
Calendar and Decision Information
OA Request Due OA Request By OA Request Result OA Filed OA Date OA Time OA Type Decision Type Decision Date Result Type
02/28/2013  Metcalf, D. Douglas  Granted  02/13/2013  04/24/2013  2:00pm In Court  Opinion  05/30/2013  AFFIRMED IN PART; VACATED IN PART; REMANDED  
Mandate
Mandate Date Mandate Vacated Date
07/23/2013   
MR/PR Outcome
MR Outcome MR Outcome Date PR Outcome PR Outcome Date
       
Ticklers
Tickler Date Due Date Description
No ticklers available for this case.
Proceedings
Type Date Proceeding
Receipts  08/08/2012  Appellee/ARIZONA DEPARTMENT OF HEALTH SERVICES; Filing Fee Not Required 
Receipts  09/12/2012  Appellant/PIMA COUNTY HUMAN RIGHTS COMMITTEE, KEN KARRELS, CHAIRMAN; $280.00; Receipt Number: 6904; Check Rec'd from: LEWIS AND ROCA (D. DOUGLAS METCALF) for PIMA COUNTY HUMAN RIGHTS COMMITTEE, KEN KARRELS, CHAIRMAN 
Receipts  11/12/2014  Appellant / ARIZONA DEPARTMENT OF HEALTH SERVICES; Filing Fee Not Required (represented by Arizona Attorney General's Office, Joel Rudd) 
Record  08/08/2012  Filed: NOTIFICATION OF ELECTRONIC RECORD. (Filed by Pima County Superior Court) 
Record  10/15/2012  Filed: Opening Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman. (Filed by D. Douglas Metcalf) (e-filer) 
Briefs  01/22/2013  Filed: Appellees Answering Brief. (Filed by Aubrey Joy Corcoran) (e-filer) 
Briefs  02/13/2013  Filed: REPLY BRIEF OF APPELLANT PIMA COUNTY HUMAN RIGHTS COMMITTEE, KEN KARRELS, CHAIRMAN. (Filed by D. Douglas Metcalf) (e-filer) 
Briefs  03/14/2013  Filed: Supplemental Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman Responding to the Courts Show Cause Order. (Filed by D. Douglas Metcalf) (e-filer) 
Briefs  04/01/2013  Filed: Appellees Response to Supplemental Brief. (Filed by Aubrey Joy Corcoran) (e-filer) 
All Other  09/11/2012  The Record on Appeal in the above-entitled cause was received in the Court of Appeals, Division Two, on August 08, 2012, from the Clerk of the Superior Court of Pima County, ORDERED: Appellant(s)’ filing fee in the Court of Appeals, Division Two, is $280.00, payable within ten days of this Order, pursuant to A.R.S. 12-321 and 322. Fees must be paid in cash or check made payable to the Court of Appeals, and sent to 400 W. Congress, Room 200, Tucson, Arizona 85701. FURTHER ORDERED: IF APPELLANT(S) FILING FEE IS NOT PAID WITHIN TEN DAYS OF THIS ORDER, THE CASE SHALL BE DISMISSED. FURTHER ORDERED: Appellant(s)' Opening Brief, pursuant to Rule 15(a), Rules of Civil Appellate Procedure, 17B A.R.S., shall be filed within forty days of this Order. FURTHER ORDERED: BRIEFS NOT IN COMPLIANCE WITH ARIZ. R. CIV. APP. P. 14, 17B A.R.S., WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west-westbriefsnotification@thomson.com  
All Other  11/29/2012  Filed: Motion for Procedural Order for Extension of Time to File Answering Brief. (Filed by Aubrey Joy Corcoran) (e-filer) 
All Other  12/03/2012  Pursuant to Motion for Procedural Order for Extension of Time to File Answering Brief, and there being no opposition, ORDERED: The time for filing Appellee’s Answering Brief is extended to and including December 20, 2012. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  12/18/2012  Filed: Second Motion for Procedural Order for Extension of Time to File Answering Brief. (Filed by Aubrey Joy Corcoran) (e-filer) 
All Other  12/27/2012  Pursuant to Second Motion for Procedural Order for Extension of Time to File Answering Brief, and there being no objection, ORDERED: The time for filing Appellee's Answering Brief is extended to and including January 22, 2013. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  02/13/2013  Filed: Request for Oral Argument. (Filed by D. Douglas Metcalf) (e-filer) 
All Other  02/21/2013  SUBMITTED (UNSUBMITTED PER 3/6/2013 ORDER) 
All Other  02/25/2013  This appeal is at issue. ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals in its third-floor Courtroom in the State Office Complex, 400 West Congress Street, North Building, Tucson, Arizona, on April 24, 2013 at 2:00 p.m. Each side may have twenty-five minutes to be heard. ***** FURTHER ORDERED: Counsel may stipulate to a telephonic oral argument and shall file with the Court any such stipulation and notify the Clerk of the Court in writing within ten days from the date of this order. The Court will reset the matter for telephonic oral argument. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov  
All Other  02/27/2013  Copy of hearing order signed by D. Douglas Metcalf 
All Other  03/06/2013  It appearing that the order from which this appeal has been taken was not a final, appealable order, and it further appearing the superior court affirmed the agency’s determination as to one issue, but remanded this matter to ADHS pursuant to A.R.S. § 12-911(A)(7). ORDERED: Appellant is directed to show cause on or before March 20, 2013, why this appeal should not be dismissed for lack of jurisdiction. See A.R.S. § 12-913.  
All Other  03/19/2013  Pursuant to Supplemental Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman Responding to the Courts Show Cause Order, ORDERED: Appellee, Arizona Department of Health Services, shall file on or before April 01, 2013, a Response to Supplemental Brief of Appellant Pima County Human Rights Committee, Ken Karrels, Chairman Responding to the Courts Show Cause Order filed March 14, 2013.  
All Other  04/05/2013  SUBMITTED 
All Other  04/15/2013  Copy of hearing order signed by Aubrey Joy Corcoran 
All Other  04/24/2013  SIGN-IN SHEET 
All Other  05/30/2013  OPINION - AFFIRMED IN PART; VACATED IN PART; REMANDED - Kelly with Vasquez and Espinosa. (11) 
All Other  07/23/2013  MANDATE ISSUED; no record to return. 
All Other  07/23/2013  Notice to Mead