Complaint and Court Filings: American Oversight v. Arizona Senate – Maricopa County Audit Records

Litigation filed by American Oversight against the Arizona Senate seeking the release of records concerning the “audit” of the November 2020 presidential election results in Maricopa County, Ariz. This complaint was initially filed on May 19, 2021, amended on July 30, 2021, and amended a second time on Dec. 16, 2021.

May 19, 2021: Initial Complaint
July 30, 2021: Amended Complaint
Dec. 16, 2021: Second Amended Complaint

May 2022

May 4: Cyber Ninjas Inc.’s motion for change of judge
May 6: American Oversight’s renewed application for Order to Show Cause Regarding Access to Records held by Cyber Ninjas
May 12: Court order granting Cyber Ninjas’ Inc’s motion to replace judge
May 16: Defendants’ response to American Oversight’s second application for order to show cause
May 23: American Oversight’s reply in support of its notice regarding judge change
May 27: American Oversight’s motion for reconsideration of minute entry on judge change
May 31: Denial of motion for reconsideration on judge change
May 31: Joint notice of pending matters

April 2022

April 27: Phoenix Newspapers, Inc.’s proposed and signed order for production of records

March 2022

March 2: Court denial of Cyber Ninjas Inc.’s motion to dismiss
March 7: American Oversight’s supplemental brief on legislative privilege
March 7: Arizona Senate’s supplemental brief on legislative privilege
March 24: Cyber Ninjas Inc.’s answer to American Oversight’s second amended special action complaint

February 2022

Feb. 1: American Oversight’s opposition to notice of change of judge
Feb. 1: Phoenix Newspapers Inc.’s and Kathy Tulumello’s opposition to notice of change of judge
Feb. 3: Court minute entry denying motion for change of judge
Feb. 4: American Oversight’s response to Senate’s petition for review in Arizona Supreme Court
Feb. 7: Arizona Senate petition for review in Arizona Court of Appeals
Feb. 7: American Oversight’s Response to Cyber Ninjas Inc.’s Objection and Motion to Reconsider
Feb. 7: Arizona Court of Appeals Order Setting Dates
Feb. 9: American Oversight’s response to Cyber Ninjas Inc.’s motion to dismiss
Feb. 10: Minute entry denying Cyber Ninjas Inc.’s motion to reconsider sanction
Feb. 15: American Oversight’s response to Arizona Senate petition for special action
Feb. 16: Phoenix Newspapers, Inc’s and Kathy Tulumello’s response to Arizona Senate petition for special action
Feb. 17: Court Order declining jurisdiction over Arizona Senate petition for special action
Feb. 22: Arizona Supreme Court notice of oral argument
Feb. 22: Cyber Ninjas Inc.’s Reply in Support of Their Motion to Dismiss

January 2022

Jan. 7: Application for Entry of Default
Jan. 10: Notice of videotaped deposition
Jan. 10: Emergency motion to compel deposition of Cyber Ninjas and Doug Logan and motion for sanctions
Jan. 10: Arizona Senate’s answer to American Oversight’s second amended complaint
Jan. 10: Proposed order regarding deposition of Doug Logan and representative of Cyber Ninjas
Jan. 18: Order for deposition of Doug Logan and representative of Cyber Ninjas
Jan. 19: Order to consolidate Phoenix Newspapers, Inc.’s and American Oversight’s cases
Jan. 20: Cyber Ninjas’s objection and motion to reconsider
Jan. 21: Arizona Court of Appeals legislative privilege ruling
Jan. 21: Order lifting stay
Jan. 21: Cyber Ninjas Inc.’s motion to dismiss
Jan. 24: Cyber Ninjas Inc.’s motion for entry of judgment and proposed judgment
Jan. 25:
Senate’s notice for a change of judge
Jan. 25: Senate’s emergency motion for stay and petition for review
Jan. 26: Supreme Court of Arizona order adopting proposed schedule
Jan. 27: Phoenix Newspapers, Inc.’s and Kathy Tulumello’s notice of consolidation and request for real parties in interest consideration as well as response in opposition to emergency motion for stay
Jan. 27: Transcript of videotaped deposition of Cyber Ninjas, Inc. CEO Doug Logan, released Feb. 14, 2022
Jan. 28:
American Oversight opposition to emergency motion for stay
Jan. 28: Arizona Senate reply in support of emergency motion for stay
Jan. 31: Arizona Senate Response to Phoenix Newspapers, Inc.’s and Kathy Tulumello’s notice of consolidation and request for real parties in interest consideration

December 2021

Dec. 14: American Oversight stipulated motion to add Cyber Ninjas to litigation
Dec. 15: Superior Court order granting American Oversight’s motion for joinder
Dec. 15: Superior Court denial of Cyber Ninjas’ motion for leave to file amicus brief
Dec. 16: Notice of deposition of Cyber Ninjas CEO Doug Logan

November 2021

Nov. 22: Arizona Senate reply in support of petition for special action in Court of Appeals
Nov. 22: American Oversight opposition to Cyber Ninjas motion for leave to file amicus brief

October 2021

Oct. 14: Superior Court ruling granting American Oversight’s motion to compel release of documents withheld under legislative privilege
Oct. 18: Arizona Senate motion to stay judgment

September 2021

Sept. 14: Arizona Supreme Court denial of Arizona Senate’s petition for review
Sept. 14: Arizona Senate letter to Cyber Ninjas regarding American Oversight’s request for ‘audit’ records
Sept. 17: Arizona Senate status report in Superior Court and renewed motion to consolidate
Sept. 20: American Oversight motion to compel the release of Arizona Senate documents withheld on legislative privilege grounds
Sept. 23: American Oversight motion for contempt regarding the Arizona Senate’s failure to produce records 
Sept. 28: Arizona Superior Court minute entry for Oct. 7, 2021, court date

August 2021

Aug. 2: Superior court order to produce public records and related minute entry
Aug. 3: Second application for order to show cause
Aug. 3-4: Arizona Senate’s motion for stay and reply
Aug. 4: Opposition to motion for stay
Aug. 4: Senate’s special action petition to Arizona Court of Appeals
Aug. 6: Superior Court denial of motion for stay
Aug. 6: Arizona Senate’s emergency motion for stay in Arizona Court of Appeals
Aug. 9: American Oversight’s response request for emergency stay
Aug. 9: Arizona Senate reply to American Oversight’s response to emergency stay
Aug. 10: Superior Court order to show cause
Aug. 11: Appeals court order granting stay request and setting oral argument
Aug. 13: American Oversight’s reply to Arizona Senate’s petition for special action
Aug. 16: Arizona Senate response
Aug. 18: Superior Court order to produce public records by Aug. 31
Aug. 19: Arizona Senate’s answer to American Oversight’s amended complaint 
Aug. 19: Arizona Court of Appeals decision denying special action relief
Aug. 19: Arizona Senate’s motion to stay in Arizona Supreme Court 
Aug. 20: American Oversight’s opposition to Arizona Senate’s emergency motion for stay
Aug. 24: Arizona Supreme Court extension of stay on Superior Court’s order to produce records physically held by contractors

July 2021

July 15: Denial of Arizona Senate’s motions to dismiss lawsuit and to consolidate
July 19: Proposed order compelling production of records
July 30: Notice of amended complaint

June 2021

June 23: Reply brief


July 30, 2021: Verified Amended Complaint

July 30, 2021: Notice of Amended Complaint

Aug. 3, 2021: American Oversight’s Second Application for Order to Show Cause

Aug. 3, 2021: Arizona Senate’s Emergency Motion for Stay and Aug. 4 Reply

Aug. 4: American Oversight’s Opposition to Arizona Senate’s Motion for Stay

Aug. 4, 2021: Arizona Senate’s Special Action Petition to the Arizona Court of Appeals

Aug. 6, 2021: Arizona Senate’s Emergency Motion for Stay

Aug. 9, 2021: American Oversight’s Response to Arizona Senate’s Emergency Motion for Stay

Aug. 9, 2021: Arizona Senate Reply to American Oversight’s Response to Emergency Motion for Stay

Aug. 10, 2021: Court order to show cause 

Aug. 11, 2021: Court of Appeals Order Granting Stay Request and Setting Oral Argument

Aug. 13, 2021: American Oversight’s Reply to Arizona Senate’s Petition for Special Action

Aug. 16, 2021: Arizona Senate Response to American Oversight’s Reply 

Aug. 18, 2021: Superior Court Order to Produce Public Records by Aug. 31

Aug. 19, 2021: Arizona Senate’s Answer to American Oversight’s Amended Complaint

Aug. 19, 2021: Arizona Court of Appeals decision denying special action relief

Aug. 19, 2021: Arizona Senate’s motion to stay in Arizona Supreme Court

Aug. 20, 2021: American Oversight’s opposition to Arizona Senate’s emergency motion for stay

Aug. 24, 2021: Arizona Supreme Court extension of stay on Superior Court’s order to produce records physically held by contractors

Sept. 14, 2021: Arizona Senate letter to Cyber Ninjas regarding American Oversight’s request for ‘audit’ records

 


Sept. 17, 2021: Arizona Senate Status Report and Renewed Motion to Consolidate


Sept. 20, 2021: Motion to Compel the Release of Documents Withheld on Legislative Privilege Grounds

Sept. 23, 2021: Motion for Contempt Regarding Failure to Produce Records

Sept. 28, 2021: Arizona Superior Court Minute Entry for Oct. 7, 2021, Court Date 

Oct. 18, 2021: Arizona Senate Motion to Stay Judgement

May 19, 2021: Initial Complaint Filed

June 23, 2021: Reply Brief

Nov. 22, 2021: Arizona Senate Reply in Support of Petition for Special Action

Nov. 22, 2021: American Oversight Opposition to Cyber Ninjas Motion for Leave to File Amicus Brief

Dec. 14, 2021: American Oversight’s Stipulated Motion to Add Cyber Ninjas to Litigation

Dec. 15, 2021: Superior Court Order Granting American Oversight’s Motion for Joinder

Dec. 15, 2021: Superior Court Denial of Cyber Ninjas’ Motion for Leave to File Amicus Brief

Dec. 16, 2021: Second Amended Complaint

Dec. 16, 2021: Notice of Deposition of Cyber Ninjas CEO Doug Logan

Jan 7, 2022: Application for Entry of Default

Jan. 10, 2022: Notice of Videotaped Deposition

Jan. 10, 2022: Emergency Motion to Compel Deposition of Cyber Ninjas and Doug Logan, and Motion for Sanctions

Jan. 10, 2022: Arizona Senate’s Answer to American Oversight’s Second Amended Complaint

Jan. 10, 2022: Proposed Order for Deposition of Doug Logan and Representative of Cyber Ninjas

Jan. 18, 2022: Superior Court Order for Deposition of Doug Logan and Representative of Cyber Ninjas

Jan. 19, 2022: Order to Consolidate Phoenix Newspapers, Inc.’s and American Oversight’s Cases

Jan. 20, 2022: Cyber Ninjas’s Objection and Motion to Reconsider

Jan. 21, 2022: Order Lifting Stay

Jan. 21, 2022: Cyber Ninjas Inc.’s Motion to Dismiss

Jan. 24, 2022: Cyber Ninjas Inc.’s Motion for Entry of Judgment and Proposed Judgment

Jan. 25, 2022: Senate’s Notice for a Change of Judge

Jan. 25, 2022: Senate’s Emergency Motion for Stay and Petition for Review

Jan. 26, 2022: Supreme Court of Arizona Order Adopting Proposed Schedule

Jan. 27, 2022: Phoenix Newspapers, Inc.’s and Kathy Tulumello’s Notice of Consolidation and Request for Real Parties in Interest Consideration as well as Response in Opposition to Emergency Motion for Stay

Jan. 28, 2022: American Oversight Opposition to Emergency Motion for Stay

Jan. 28, 2022: Arizona Senate Reply in Support of Emergency Motion for Stay

Jan. 31, 2022: Arizona Senate Response to Phoenix Newspapers, Inc.’s and Kathy Tulumello’s Notice of Consolation and Request for Real Parties in Interest Consideration

Feb. 1, 2022: American Oversight’s Opposition to Notice of Change of Judge

Feb. 1, 2022: Phoenix Newspapers Inc.’s and Kathy Tulumello’s Opposition to Notice of Change of Judge

Feb. 4, 2022: American Oversight’s Response to Senate’s Petition for Review in Arizona Supreme Court

Feb. 7, 2022: Arizona Senate Petition for Review in Arizona Court of Appeals

Feb. 7, 2022: American Oversight’s Response to Cyber Ninjas Inc.’s Objection and Motion to Reconsider

Feb. 7, 2022: Arizona Court of Appeals Order Setting Dates

Feb. 9, 2022: American Oversight’s Response to Cyber Ninjas Inc.’s Motion to Dismiss

Feb. 10, 2022: Minute Entry Denying Cyber Ninjas Inc.’s Motion to Reconsider Sanction

Jan. 27, 2022: Transcript of Videotaped Deposition of Cyber Ninjas, Inc. CEO Doug Logan, Released Feb. 14, 2022

American Oversight’s Response to Arizona Senate’s Petition for Special Action

Phoenix Newspapers, Inc’s and Kathy Tulumello’s Response to Arizona Senate Petition for Special Action

Feb. 17, 2022: Court Order Declining Jurisdiction Over Arizona Senate Petition for Special Action

Feb. 22, 2022: Arizona Supreme Court Notice of Oral Argument

Feb. 22, 2022: Cyber Ninjas Inc.’s Reply in Support of Their Motion to Dismiss

March. 2, 2022: Court Denial of Cyber Ninjas Inc.’s Motion to Dismiss

Mar. 7, 2022: American Oversight’s Supplemental Brief on Legislative Privilege

Mar. 7, 2022: Arizona Senate’s Supplemental Brief on Legislative Privilege

Mar. 24, 2022: Cyber Ninjas Inc.’s Answer to American Oversight’s Second Amended Special Action Complaint

Apr. 27, 2022: Phoenix Newspapers, Inc.’s Proposed and Signed Order for Production of Records

May 4, 2022: Cyber Ninjas Inc.’s Motion for Change of Judges

May 6, 2022:American Oversight’s Renewed Application for Order to Show Cause Regarding Access to Records Held by Cyber Ninjas

May 12, 2022: Court Order Granting Cyber Ninjas’ Inc’s Motion to Replace Judge

May 16, 2022:Defendants’ Response to American Oversight’s Second Application for Order to Show Cause s

May 23, 2022:American Oversight’s Reply in Support of Its Notice Regarding Judge Change

May 27, 2022: American Oversight’s Motion for Reconsideration of Minute Entry on Judge Change

May 31, 2022: Denial of Motion for Reconsideration on Judge Change

May 31, 2022: Joint Notice of Pending Matters