Case 2:07-cv-02513-GMS Document 1731 Filed 06/30/16 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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Manuel de Jesus Ortega Melendres, on

behalf of himself and all others similarly
situated; et al.

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and

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United States of America,

Plaintiff-Intervenor,

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v.

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Joseph M. Arpaio, in his official capacity as

Sheriff of Maricopa County, Arizona; et al.

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ORDER

Plaintiffs,

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No. CV-07-2513-PHX-GMS

Defendants.

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The Court is in receipt of Plaintiffs Request to Modify Process for Appointment

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of Independent IA Authority (Doc. 1724) and Defendants response thereto (Doc. 1727).

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For the following reasons, the Court denies Plaintiffs request.

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As Defendants point out and Plaintiffs concede, Plaintiffs request is not timely.

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Thus, the parties should come to the hearing on July 8 in compliance with the Courts

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previous instructions set forth in the Amended Order (Doc. 1717).

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The Court appreciates Plaintiffs observation that giving the Court the opportunity

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to choose between only two candidates for any one position may be too limiting in light

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of the various attributes of the various candidates. Nevertheless, the Court previously

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indicated to the parties that if the procedure does not produce candidates acceptable to

Case 2:07-cv-02513-GMS Document 1731 Filed 06/30/16 Page 2 of 2

the Court, the Court reserves the right to appoint persons of its own choosing. (Doc.

1717 at 2.) Each party will thus submit to the Court only one candidate for each position.

Should the Court find neither candidate acceptable, the Court will not and does not feel

bound in any way, other than selecting qualified and neutral candidates, in exercising its

own selection. Thus, having been unaware of the vetoes as exercised by the parties, the

Court, in exercising its discretion, may designate a candidate that had been vetoed by

one of the parties. If it does so, that veto will not affect the selection.

If, in light of that, the parties wish to further discuss the selection procedure at the

July 8 hearing, they should nevertheless come to it having selected their candidates for

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each of the two positions to be filled, having disclosed those candidates to the other side,

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and having determined and informed the other side which candidates they would strike

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and in what order they would strike them. Absent further order of the Court, no party

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should disclose to the Court which side selected which candidates, or the identity of any

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candidates vetoed by any party.

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Dated this 30th day of June, 2016.

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Honorable G. Murray Snow

United States District Judge

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