Arizona Court Of Appeals
District One
Case No.: 1 CA CV 05-0050
McNair v. Maricopa County, et. al.
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PROLOUGE:
Case: 1 CA CV 05-0050 , McNair v. Maricopa County, et. al.
(Arizona Court Of Appeals)
Appeal filed: October 30, 2003
Status: In progress, Complaint to be Ammended
Cause of Action:
Appeal from an unjust and deliberately unlawful decision by the disreputable Michael D. Jones through a premeditated denial of due process.
Plaintiff: Scott M. McNairDefendants:
- Maricopa County
- Kenneth Medlin
- Terry Peterson
- Jennipher Ramsey
STATEMENT OF THE ISSUES
- Was Plaintiff entitled to a Trial de Novo and Trial by Jury?
- Was Plaintiff denied due process by the Superior Court?
- Did the Superior Court violate ARS 12-912 and 12-348 by awarding legal and litigation fees to defendant Maricopa County Department Of Transportation?
- Were the Board’s actions unlawful, arbitrary, capricious, an outrageous abuse of its discretion, and a deliberate denial of Plaintiff’s right to due process?
- Was Plaintiff was denied due process by failure to properly toll and address all issues in his complaint?
- Was the Plaintiff an employee or person "in state service"?
- Is the state barred from providing protection and free legal representation to those accused of violating ARS 38-532, or is it duty bound to support, protect, and represent Whistleblowers?
| Date | File | Docket# | Party | Description |
|---|---|---|---|---|
| 12/16/2004 | azap04121601 |
01 | Plaintiff/Appellant | Notice of Appeal |
| 12/16/2004 | azap04121602 |
01 | Plaintiff/Appellant | Affidavit In Lieu of Bond |
| 12/16/2004 | azap04121603 |
01 | Plaintiff/Appellant | Docketing Statement |
| 12/20/2004 | azap041220 |
SC Clerk | "Notice of Appeal & Docketing Statement (MC Clerk, Received in Appeals)" | |
| 01/12/2005 | azap050112 |
SC Clerk | Index of Record (Superior Court) | |
| 01/25/2005 | azap05012501 |
02 | AP Clerk | Notice of Receipt of Record and Requirement of Filing Fee |
| 01/25/2005 | azap05012502 |
02 | AP Clerk | "Notice of Filing Fee Requirement, Application for Deferral of Fees, Accelerated Appeals Notice" |
| 01/31/2005 | azap050131 |
03 | AP Clerk | Filing Fee Payment Receipt |
| 02/02/2005 | azap050202 |
04 | AP Clerk | Notice of Receipt of Filing Fees |
| 02/23/2005 | azap05022301 |
05 | Plaintiff/Appellant | Motion for Extension of Time to File Opening Breif |
| 02/23/2005 | azap05022302 |
06 | Plaintiff/Appellant | Motion to Extend Opening Brief Length Limitations |
| 02/23/2005 | azap05022303 |
07 | Plaintiff/Appellant | Motion to Compell Production of Superior Court Transcript |
| 03/04/2005 | azap050304 |
08 | Order | "Order Granting Extention of Time to File Opening Brief to April 7, 2005" |
| 03/07/2005 | azap05030701 |
09 | Az PB | "FILED: Response to Motion to Extend Length Limitations (Appellee, AZ State Personnel Board and its Members)" |
| 03/07/2005 | azap05030702 |
10 | Az PB | "FILED: Arizona State Personnel Board's Response to Motion to Compel Production of Superior Court Transcript (Appellee, AZ State Personnel Board and its Members)" |
| 03/07/2005 | azap05030702 |
11 | Az PB | "FILED: Arizona State Personnel Board's Response to Plea for Lenience and Waiver of Formal Requirements (Appellee, AZ State Personnel Board and its Members)" |
| 03/14/2005 | azpa050314 |
12 | Order | "ORDERED: denying Motion to Compel Production of Superior Court Transcript. FURTHER denying Motion to extend opening brief length limitations. Briefs in this appeal shall comply with requirements of Rule 14(b). FURTHER denying appellees' Motion for Award of Attorneys' Fees incurred in responding to motion. Hon Patricia K Norris - Author" |
| 04/07/2005 | azap05040701 |
13 | Plaintiff/Appellant | Plaintiffs Opening Brief |
| 04/07/2005 | azap05040702 |
14 | Plaintiff/Appellant | Plaintiff's Exhibits (Opening Brief) |
| 05/10/2005 | azap050510 |
15 | Defendants-Appellees, Maricopa County, Et. Al. | Defendants-Appellees Maricopa County, Medlin, Peterson, and Ramsey's Request for an Extension of Time to File Its Answering Brief
Counsel for the Defendants (Daniel Brenden) files a motion for an extension of time to file their answering brief. The reason, Mr. Brenden will be at a legal conference out of town beginning on May 10, 2005. Mysteriously, Mr. Brenden is able to write, sign, and file this motion with the court the DAY AFTER he is supposed to be out of town... All of this is done even though the Defendants have name Mary C. Cronin as "co-counsel" in this matter. Appearantly, Ms. Cronin (a bar certfied attorney for the government) is too incompetent to write an appellate brief that could overcome the arguments of a pro-se appellant. |
| 05/13/2005 | azap050513 |
16 | Order | Order: Granting Defendants-Appellees Maricopa County, Medlin, Peterson, and Ramsey's Request for an Extension of Time to File Its Answering Brief.
Without offering the Appellant any chance to respond, the Court expiditiously grants the Appellants' motion for an extention to file its answer. (Ignoring the conflicting dates of the motion, and the fact that co-counsel Mary C. Cronin even exists.) |
| 05/17/2005 | azap050517 |
17 | Appellee - State Of Arizona Personnel Board | RESPONDING BRIEF OF THE DEFENDANT-APPELLEE ARIZONA STATE PERSONNEL BOARD
The State Of Arizona Personnel Board files its Responding Brief. The contents of which are pitiful. Attorney Craig Mousel (Counsel for the Personnel Board), has such little faith in his own case, that devotes a WHOPPING FOUR PAGES to the argument section of his brief. |
| 05/23/2005 | azap05052301 |
18 | Order | Order instructing the Clerk of the Maricopa County Superior Court to transmit its record to the Arizona Court Of Appeals |
| 05/23/2005 | azap05052302 |
19 | Appelle - Maricopa County, et. al. | Notice of Association Of Counsel
After requesting an extension under dubious pretense, the Office of the Maricopa County Attorney has such little faith that any of its dozens of attorneys could beat a non-attorney (pro-se) Appellant, that it hires an outside firm to handle the appeal. As such, the duty of filing a responding brief is outsourced to Eileen Dennis Gilbride AND the law firm of Jones, Skelton, & Hochuli. |
| 05/24/2005 | azap050524 |
20 | Appelle - Maricopa County, et. al. | County Defendants' Motion to Dismiss, or Stay Appeal Due to Bankruptcy (of Appellant)
The County (unlawfully) attempts to have the entire case dismissed because it successfully drove the Appellant into bankruptcy. |
| 05/26/2005 | azap050526 |
21 | AP Clerk | Record on Appeal:
Instruments/Minute Entries:5 Parts While the Appeal Court (as the Superior Court did) refuses to disclose to the Appellant the contents of its "manila envelopes", it accepts such from the Superior Court and admits it into the record. |
| 05/26/2005 | azap050526 |
22 | Appellee - State Of Arizona Personnel Board | State Personnel Boards' Motion to Dismiss, or Stay Appeal Due to Bankruptcy (of Appellant)
The State Personnell Board joins the County's (unlawfully) attempts to have the entire case dismissed because it successfully drove the Appellant into bankruptcy. |
| 06/15/2005 | azap050615 |
23 | Appelle - Maricopa County, et. al. | Answering Brief of Appellees Maricopa County Department of Transportation, Medlin, Peterson, and Ramsey |
| 06/29/2005 | azap050629 |
24 | Order | Order denying Motions To Dismiss
Applees State Personnel Board and Maricopa County, Medlin, Peterson, and Ramsey's attempt to have the appeal dismissed because it successfully drove the Appellant in to bankruptcy is denied (Hon. Phiilip Hall, Author) |
| 07/08/2005 | azap050708 |
25 | Plaintiff/Appellant | Appellant's Notice of Discharge of Bankruptcy and Request for Extension to File Reply Breif |
| 07/15/2005 | azap050715 |
26 | Order | Order extending time for filing reply brief to/including 08/10/2005 |
| 08/08/2005 | azap050808 |
27 | Plaintiff/Appellant | Plaintiff's Reply Brief |
| 08/16/2005 | azap050816 |
27 | Plaintiff/Appellant | Notice of Errata for Appellant's Reply Brief
Due to some typing and formatting errors, the Plaintiff/Appellant files and errata for his Reply Brief with the Court. |