Arizona Attorney General

Mark Brnovich

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AZAG Files for Sanctions Against AID

On Monday, March 27th, the State filed a series of motions related to sanctions issues:

1)      Motion for sanctions under Rule 11 (against Plaintiffs and their counsel)

2)      Motion for sanctions under A.R.S. § 12-349 and the Court’s Inherent Power (against Plaintiffs and their counsel)

3)      Motion for Evidentiary Hearing and Limited Discovery

4)      Motion in Limine #1 (relating to the applicability of privilege to the information sought by the State)

Proposed orders and exhibits for these documents are included below.  The exhibits for the sanctions motions are consolidated into one document.

The State has requested, under several different applicable sanctions, that Plaintiffs and their counsel be ordered to pay the reasonable expenses (including reasonable attorneys’ fees) of the Consolidated Defendants, including those defendants whose case was dismissed after the consolidation order was entered in September.  If the Court enters the State’s recommended proposed order, any applications for attorneys’ fees or other expenses would be due within 20 days from the date of that order. 

In addition, the State has also requested an evidentiary hearing and leave to take limited discovery in order to explore issues related to sanctions, including how plaintiffs generated and filed the complaints and how their scheme was developed and executed. 

Also included below is a “Notice of Errata” and exhibits filed yesterday by Plaintiffs.  The stated primary purpose of the Notice of Errata is to correct what Plaintiffs describe as a “clerical error” in which their attorney’s signature appeared on hundreds of complaints swearing that the allegations in the complaint were true and correct.  Plaintiffs apparently believe that if they substitute a non-attorney’s signature (namely, Mr. Ritzenthaler’s), that cures any sanctions issues related to Mr. Zazueta.  The State disagrees, and will be filing a response to this document later this week.

Attachments:

Motion for Evidentiary Hearing and Discovery
Motion for Non-Rule 11 Sanctions
Motion for Rule 11 Sanctions
Motion in Limine Exhibits
Motion in Limine
Notice of Errata
Proposed Evidentiary Hearing Order
Proposed Motion in Limine Order
Proposed Sanctions Order
Sanctions Exhibits


State's Proposed Form of Judgment Documents
Notice of Lodging Proposed Form of Judgment
Proposed Form of Judgment
Exhibit A to Proposed Form of Judgment

Plaintiff's Notice of Errata Documents
Plaintiffs' Notice of Errata
Exhibits to Plaintiffs' Notice of Errata

Court Order Consolidating One Additional Case
Order Consolidating One Additional Case
State's Response to Notice of Errata
Exh. A to State's Response to Notice of Errata


Judgment Dismissing Cases
Order Approving Form of Judgment


Order on attorney fee applications
Order on Notice of Errata