Torres v. Horne

2:06-cv-02482 | D. Ariz. | Nov 25, 2008

Case 2:06-cv-02482-SMM Document 150 Filed 11/25/08 Page 1 of 2 WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAVIER TORRES, ALMA SANTIAGO ) No. CV 06-2482-PHX-SMM and LIA RIVADENEYRA, on behalf of themselves and others similarly situated, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER Plaintiffs, v. TERRY GODDARD, Attorney General of the State of Arizona, in his individual and official capacities, and CAMERON (“KIP”) HOLMES, in his individual capacity,

Defendants. On November 6, 2008, the Court issued an Order regarding Defendants’ request for an evidentiary hearing on class certification (Doc. 148). Defendants requested a hearing to “take evidence from a limited number of relevant law enforcement officials concerning the facts supporting a belief that seized transactions were involved in criminal activity.” (Doc. 92). While the Court found that Defendants provided no arguments or case law as to how the law enforcement officials’ testimony related to the class certification requirements of Rule 23, the Court allowed Defendants to provide additional briefing regarding the relevancy of the evidence as it related to the class certification prerequisites.

Case 2:06-cv-02482-SMM Document 150 Filed 11/25/08 Page 2 of 2 On November 21, 2008 Defendants filed a Supplemental Brief in Support of Request for Evidentiary Hearing on Motion for Class Certification (Doc. 149). In light of the voluminous nature of this filing and the legal issues presented, the Court will allow a Response to be filed by Plaintiffs addressing the issues raised in Defendants’ Supplemental Brief.
IT IS HEREBY ORDERED that Plaintiffs have until Friday, December 12, 2008 to submit a Response to Defendants’ Supplemental Brief. DATED this 25 th day of November, 2008. - 2 -