Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 1 of 4

1 Patty A. Ferguson (SBN 020996)

Patty.Ferguson@SacksTierney.com
2 Judith M. Dworkin (SBN 010849)
Judith.Dworkin@SacksTierney.com
3 Joe W. Keene (SBN 032623)
Joe.Keene@sackstierney.com
4 SACKS TIERNEY P.A.
4250 N. Drinkwater Blvd., 4th Floor
5 Scottsdale, AZ 85251-3693
Telephone: 480.425.2600
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Ethel B. Branch (No. 026717)
7 ebranch@nndoj.org
Paul Spruhan (No. 02513)
8 pspruhan@nndoj.org
Navajo Nation Dept. of Justice
9 P.O. Drawer 2010
Window Rock, Arizona 86515
10 Telephone: (928) 871-6210
Facsimile: (928) 871-6177
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P.A., ATTORNEYS

12 Attorneys for Plaintiffs

4250 NORTH DRINKWATER BOULEVARD

SCOTTSDALE, ARIZONA 85251-3693

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IN THE UNITED STATES DISTRICT COURT
FOURTH FLOOR

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SACKS TIERNEY

FOR THE DISTRICT OF ARIZONA

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The Navajo Nation, a federally recognized No. CV-18-08329-PCT-DWL
16 Indian Tribe, Joyce Nez, an individual,
Denise Johnson, an individual; Ashley Atene
17 Sr., an individual; Irene Roy, an individual; PLAINTIFFS’ MOTION TO
Bonnie Tsosie, an individual; and Dale WITHDRAW EMERGENCY
18 Smith, an individual__, MOTION FOR TEMPORARY
RESTRAINING ORDER AND TO
19 Plaintiffs, VACATE HEARING SET FOR
NOVEMBER 26, 2018.
20 v.

21 Michele Reagan, in her official capacity as

Secretary of State for the State of Arizona;
22 Edison J. Wauneka, in his official capacity as
Apache County Recorder; Angela Romero in
23 her official capacity as Apache County
Elections Director; Doris Clark in her official
24 capacity as Navajo County Recorder, Rayleen
Richards, in her official capacity as Navajo
25 County Elections Director; Mark Mayrand in
his official capacity as Coconino County
26 Elections Director; and Patty Hansen, in her
official capacity as Coconino County
27 Recorder,
Defendants.
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 Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 2 of 4

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Plaintiffs Navajo Nation, on its own behalf and on behalf of its members, and Joyce
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Nez and Ashley Atene, Sr. request leave of Court to withdraw its Emergency Motion for
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Temporary Restraining Order and Motion to Set Hearing on Preliminary Injunction (“TRO
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Motion”), Doc. 2, filed on Tuesday, November 20, 2018 and request that the hearing on the
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TRO Motion, set for November 26, 2018 (See Doc. 11), be vacated. In support of this
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Motion, Plaintiffs respectfully state:
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1. Since the filing of the TRO Motion, the Navajo Nation has been in
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communication with the Navajo County Attorney’s Office, Coconino County Attorney’s
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Office, and the Apache County Attorney’s Office regarding the obstacles to voting
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experienced by Navajo voters and identified in the Plaintiffs’ Verified Complaint for
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Injunctive and Declaratory Relief (the “Complaint”).
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P.A., ATTORNEYS

2. Representatives of each of the three Defendant Counties have agreed to work

4250 NORTH DRINKWATER BOULEVARD

SCOTTSDALE, ARIZONA 85251-3693

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with the Navajo Nation to resolve the voting problems faced by Navajo Nation members and
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FOURTH FLOOR

to seek to settle the issues raised in the Complaint.

SACKS TIERNEY

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3. The Navajo Nation has advised a representative of each of the Navajo County
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Attorney’s Office, Coconino County Attorney’s Office, and the Apache County Attorney’s
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Office that it intends to request leave to withdraw the TRO Motion and vacate the hearing,
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and none of the Defendant Counties objects.
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4. The Navajo Nation has similarly advised by email the Assistant Attorney
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General for the State of Arizona of its intention to request leave to withdraw its TRO Motion
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and vacate the hearing.
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5. The Plaintiffs intend to pursue the claims in its Complaint but will work with
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the Defendant parties to reach a settlement.
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WHEREFORE, Plaintiffs request that the Court grant the Plaintiffs Motion to
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withdraw the TRO and vacate the November 26, 2018 Hearing.
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 Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 3 of 4

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DATED this 25th day of November, 2018.
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SACKS TIERNEY P.A.
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4 By: s/Patty A. Ferguson
Patty A. Ferguson
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Judith M. Dworkin
6 Joe W. Keene

7 and
Ethel B. Branch
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Paul Spruhan
9 NAVAJO NATION DEPARTMENT OF JUSTICE
Attorneys for the Navajo Nation
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P.A., ATTORNEYS
4250 NORTH DRINKWATER BOULEVARD

SCOTTSDALE, ARIZONA 85251-3693

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FOURTH FLOOR
SACKS TIERNEY

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 Case 3:18-cv-08329-DWL Document 13 Filed 11/25/18 Page 4 of 4

1 CERTIFICATE OF SERVICE
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I hereby certify that on November 25, 2018, I electronically transmitted the
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foregoing PLAINTIFFS’ MOTION TO WITHDRAW EMERGENCY MOTION
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FOR TEMPORARY RESTRAINING ORDER AND TO VACATE HEARING SET
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FOR NOVEMBER 26, 2018 to the Clerk’s Office using the CM/ECF System for filing.
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11 s/Rebecca C. Urias
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P.A., ATTORNEYS
4250 NORTH DRINKWATER BOULEVARD

SCOTTSDALE, ARIZONA 85251-3693

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FOURTH FLOOR
SACKS TIERNEY

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 Case 3:18-cv-08329-DWL Document 13-1 Filed 11/25/18 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

The Navajo Nation, et al., No. CV-18-08329-PCT-DWL

Plaintiffs, [PROPOSED]

v. ORDER WITHDRAWING THE

EMERGENCY MOTION FOR TRO
Michele Reagan, et al., AND VACATING THE HEARING
Defendants. SET FOR NOVEMBER 26, 2018

This Court, having considered Plaintiffs’ Motion to Withdraw Emergency Motion

for Temporary Restraining Order and to Vacate Hearing Set for November 26, 2018
(“Motion”), and for good cause grants the Plaintiffs Motion to Withdraw the TRO
Motion and vacate the November 26 Hearing.

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