exhibit a - wordpress.com...2:14-cv-01907-spl exhibit a declaratio certify compliancn of patrici...

INDEX TO EXHIBITS MOTION TO DISMISS FOR FAILURE TO STATE A C L A I M

PURSUANT TO RULE 12(b)(6) ON BEHALF OF D A V I D WARD, L A U R A BRUNO, STEPHEN HENRICHS, A N D N O R M A CROOKS

2:14-CV-01907-SPL

Exhibit A Declaration o f Patricia E. Ronan to Certify Compliance wi th August 28, 2014 Order (Doc. 4), and supporting exhibit

Exhibit B Quart/site Municipal Court Criminal Complaint, State v. Jones, CR20130074, September 20, 2013

Exhibit C Application for and Memorandum of Points and Authorities in Support of Inspection Warrant, State v. Jones, CR20130074, July 29, 2013

Amended Application for and Memorandum of Points and Authorities in Support of Inspection Warrant, State v. Jones, CR20130074, August 14,2013

Exhibit D Notice of Appearance as Prosecutor by Shannon Allen, State v. Jones, CR20130074, February 21, 2014

Exhibit E Order Denying Motion for Reconsideration, State v. Jones, CR20130074, January 21, 2015

Exhibit F Notice of Appeal by Jennifer Jones, State v. Jones, CR20130074, February 4,2015

Exhibit G Aff idavi t of Laura Bruno in Support of Inspection Warrant, State v. Jones, CR20130074, August 1, 2013

Exhibit H Amended Aff idavi t of Steve Henrichs in Support o f Inspection Warrant, State v. Jones, CR20130074, August 16, 2013

Exhibit I Search Warrant, State v. Jones, SW20130002, August 20,2013

Exhibit J Declaration of Laura Bruno in Support of Motion to Dismiss

File: 1942-002-0009-0000; Desc: Index to Exhibits; Doc#: 216932vl

Case 2:14-cv-01907-SPL Document 34-1 Filed 02/11/15 of 42

EXHIBIT A


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CURTIS, GOODWIN, SULLIVAN, U D A L L & SCHWAB. P.L.C.

501 East Thomas Road Phoenix, Arizona 85012-3205 Telephone (602) 393-1700 [email protected] Kelly Y. Schwab, Esq. (#014038) Patricia E. Ronan (#029009) Trish Stuhan (#027218) Attorneys for Town of Quartzsite, Mark Orgeron, Michael Jewitt, Carol Kelley, David Ward, Laura Bruno, Stephen Henrichs, and Norma Crooks

I N T H E U N I T E D S T A T E S D I S T R I C T C O U R T

F O R T H E DISTRICT O F A R I Z O N A

Jennifer Marie Jones, C A S E NO. 2:14-CV-01907-SPL

Plaintiff, DECLARATION OF PATRICIA E. RONAN TO CERTIFY COMPLIANCE W I T H

v - AUGUST 28, 2014 ORDER (DOC. 4)

Town of Parker, et a l ,

Defendants. (Assigned to the Honorable Steven P. Logan)

1) M y name is Patricia E. Ronan and I am of counsel at the law f i rm of Curtis,

Goodwin, Sullivan, Udall & Schwab, P.L.C. We represent the Town of Quartzsite, Mark

Orgeron, Michael ("Mike") Jewitt, Carol Kelley, Laura Bruno, David Ward, Stephen

Henrichs, and Norma Crooks ("Represented Parties") in this action.

2) None of the Represented Parties has been served with Document 4 in this

action, the August 28, 2014 Order ("August 28 Order") of this Court requiring that prior to

f i l ing a motion pursuant to Rule 12(b), the parties meet and confer.

3) Nonetheless, as counsel for the Represented Parties, I reviewed the docket in

this action and learned of the August 28 Order.

- l -

File: 1942-002-0009-0000; Desc: Ronan Declaration Doc#: 214460vl


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4) In order to comply with the requirements of the August 28 Order. I have asked

Plaintiff Jennifer Jones to agree to a date and time for a telephone conference before

Represented Parties' responsive pleading was due. Despite repeated requests - mostly by

email, but once in person - Plaintiff has never agreed to a telephone conference.

5) To provide the Court with a complete representation of the communication with

Plaintiff, I provide the complete email correspondence between myself and Plaintiff since

January 20, 2015, attached hereto as an exhibit.

6) Having made such repeated efforts to request and schedule a conference with

Plaintiff, I certify that the Represented Parties acted in good faith to comply with the

requirements of the August 28 Order, but were not successful in having a conference to

discuss the complaint prior to f i l ing their Rule 12 motion because Plaintiff declined to

participate.

13) Pursuant to 28 U.S.C. § 1746,1 declare under penalty of perjury under the laws

of the United States of America that the foregoing is true and correct.

Executed on February 11, 2015

Patricia E. Ronan

File: 1942-002-0009-0000; Desc: Ronan Declaration Doc#: 214460vl

-2-


Mary Walker

From: Sent: To: Subject:

J Jones <[email protected]> Monday, February 09, 2015 7:42 PM Patricia Ronan Re: Request for Court Ordered Conference Call

And I am still disputing whether or not they entitled to defense at the expense of the tax payers or whether it is a conflict of interest and therefore an ethics violation. I suppose that I will have to bring this issue before the council, in public.

Jennifer "Jade" Jones Publisher, The DESERT FREEDOM PRESS

News you can use for Quartzsite and La Paz County, AZ! http://thedesertfreedompress.blogspot.com

On Monday, February 2, 2015 8:54 AM, Patricia Ronan <[email protected]> wrote:

Ms. Jones-David Ward's responsive pleading is due Friday. I cannot come to Quartzsite on Thursday. The defects in the complaint with respect to Mr. Ward are all those indicated in the motion filed for Mssrs. Orgeron, Jewitt and Kelley, as well as prosecutorial immunity. You appear to disagree, as is your right.

I am looking into whether service was completed for any other individual currently or previously employed by or serving the a Town as a member of Council. The defects in the complaint for those individuals are essentially the same as those raised in the January 16 motion.

Patricia E. Ronan

Sent from my iPhone

On Feb 1, 2015, at 11:10 PM, J Jones <[email protected]> wrote:

I had to close my business in order to make time to respond to your frivolous and unnecessary Motion, so I am absolutely available and willing to meet with you on that day, but only in my office, so to speak. You know perfectly well that I cannot walk to Phoenix, and, further, my husband is having health issues that necessitate I be in Quartzsite to take care of the dogs. Since my office is now the truck stop, perhaps Town Hall would be more appropriate. I will need enough notice to arrange that our meeting be recorded.

I'm asking you one last time, in good faith, to please give me a list of the defects in my pleading that you do not believe can be remedied, in order that I can have time to research the legal issues surrounding your assertions and determine their validity, so that we can satisfy the requirements of the Order. That way we will actually have some thing to confer about. Unlike you, I don't have a staff of paralegals to do research for

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me. You simply claiming that the complaint cannot possibly be amended and me knowing and asserting that it absolutely can is not specific enough to comply with the directions of the Order. Parker's attorney had no problem filing an answer without a motion. Perhaps you should reconsider that option.

By the way, I thought the Town Council only wanted you to finish up work in progress and did not want you starting new work on their behalf, which I can understand. Your bad legal advice to your client in the Mayor's case has cost us a fortune. Since principals can speak directly, I will talk to current members of council regarding your unprofessional behavior and assignment to this case, and show them the filed documents, in the next few days.


News you can use for Quartzsite and La Paz County, AZ! http://thedesertfreedompress.bloqspot.com

On Friday, January 30, 2015 4:15 PM, Patricia Ronan <[email protected]> wrote:

Ms. Jones-Are you available for a meeting in our office at 501 E. Thomas Rd in Phoenix for the conference you state must be face to face on Thursday, February 5? This is the only day I have available before responsive pleadings are due.

Our office is an appropriate and reasonable location because the case is filed and pending in Phoenix and because you have offered no location for a meeting.

Please advise.

Patricia E. Ronan

Sent from my iPhone

On Jan 30, 2015, at 3:07 PM, J Jones <[email protected]> wrote:

Ms. Ronan, The court did not order a "telephone conference". The court ordered that we "meet" and I have every right to confer with you in person, and to record the meeting. Your refusal to do this, as well as your refusal to answer what issues you do not believe I can remedy, and repeatedly misquoting me are why I must insist on a court mediated conferral. I realize that you couldn't comprehend what "and also approved by the mayor meant" so perhaps someone can explain to you the plain language of the Judge's Order in this case. You are refusing to tell me what the "defect" is and I do not understand why. I did not say I wouldn't amend the complaint, in fact, I said (again) that I need to. We only seem to have a misunderstanding as to when I must do it.

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Also, David Ward's actions in this matter are not covered by prosecutorial immunity, and as the attorney for the Town in the other case you know perfectly well why. But thank you for sending the Judge the unsigned Order on a case that was not finalized and is now being appealed. Please stop wasting the court's time with this petty and frivolous nonsense. If you insist on defending Town agents and employees I would be happy to request a hearing on municipal liability so we can get that issue resolved.

Please do not ambush me in person any more. My problem with the Post Office has been resolved and I hope that the local internet issues will be resolved soon. I still do not have a PACER acct. If you have something to say to me, please do it in writing from know on. I'm going to walk home now. I will check mail again in a couple of days.



On Wednesday, January 28, 2015 8:00 AM, Patricia Ronan <[email protected]> wrote:

Ms. Jones-Mr. Ward is entitled to prosecutorial immunity and you should voluntarily dismiss him from the suit as all his conduct relevant to your claims and allegations was in that role. We do not believe you can amend the complaint to cure the defect. However, you stated yesterday that you will not amend before the responsive pleading is due, so we have no choice but to file the Rule 12(b)(6) motion without further conference. You also stated that you will not participate in a telephone conference as ordered by the court.

As to mailing items to you, the postal service has returned them to us, suggesting the address you provided to the court is wrong or that you no longer have a post office box. Please provide a correct mailing address.

Patricia E. Ronan

Sent from my iPhone

On Jan 27, 2015, at 11:45 PM, J Jones <thedesertfreedompress(a)vahoo.corn> wrote:

I'm sure everyone finds it amusing that I have to walk around Quartzsite alone in the middle of the night looking for an open internet signal that is actually working, but after our

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conversation tonight it was clear that you had sent me an email that I had not yet seen. Let me be perfectly clear, I am not refusing to meet with you. Your refusal to discuss the actual substance of the Judge's Order tonight after the the Council meeting is exactly why a phone call on the matter is not a treasonable request, especially in light of the false statement you made in your Certification of Conferral for your other clients. I see no option in the interest of justice and transparency but to request a court mediated conference. Your comment below "We am only prepared to confer with you about the adequacy of your complaint so that you may determine whether you wish to amend it before we file as Rule 12(b)(6) motion." is not the requirement, as I reiterated tonight. As Judge Logan told Defendant Golden-Bear is "The Order directed that any motion to dismiss presented to the Court must be accompanied by a certification of conferral, indicating that the parties have conferred to determine whether an amendment could cure a deficient pleading and have been unable to agree that the pleading is curable by a permissible amendment." (Emphasis added) Whether or not I wish to amend it before you file a Rule 12(b)(6) motion is not relevant, as you were made aware that I need to amend it. The issue is whether amending the claim will cure your alleged deficiencies. So, in the interest of judicial economy, I ask you again to please give me a list of the deficiencies in pleading that you believe cannot be remedied and I will meet with you face to face, on camera to confer and determine if your claims have any validity.



On Saturday, January 24, 2015 7:48 AM, Patricia Ronan <PRonan(5)cgsuslaw.com> wrote:

Me. Jones-Mr. Ward was served. Will you participate in a call to discuss the complaint on any of these times:

Monday, January 26 at between 12 pm and 4 pm; Wednesday, January 28 at 10 am, or between 1 pm and 4 pm; Thursday, January 29 between 10 am and 4 pm; Friday, January 30 between 9 am and 3 pm;

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Monday, February 2 between 10 am and noon; Tuesday, February 3 between 10 am and noon.

We am only prepared to confer with you about the adequacy of your complaint so that you may determine whether you wish to amend it before we file as Rule 12(b)(6) motion.

Please advise.

Patricia E. Ronan

Sent from my iPhone

On Jan 23, 2015, at 10:01 PM, J Jones <thedesertfreedompress(a)vahoo.com> wrote:

If you intend to represent Defendant Bruno, is your client Town of Quartzsite conceding municipal liability, meaning the policy, pattern and practice of violating my rights? Otherwise, we both know that employees are not entitled to avail themselves of the corporate attorney (who technically represents the shareholders, which includes me). I do not recall the corporate board (the Town Council) voting to spend public money on her private defense, since your previous motion asserts that individually named defendants are named in their personal capacity. Please clarify your position, as we both know you cannot retroactively indemnify her for acts as a rogue agent.


News you can use for Quartzsite and La Paz County, AZ! http://thedesertfreedompress.bloqspot.com

On Tuesday, January 20, 2015 5:41 PM, Patricia Ronan <PRonan(a)cgsuslaw.com> wrote:

Ms. Jones-I understand that Laura Bruno may have been served with the complaint in Jones v. Parker, et al, 2:14-cv-01907. Pursuant to the Court's August 28, 2014 Order, prior to filing a motion pursuant to Rule 12(b), parties must confer and Plaintiff must be given a chance to amend the complaint if appropriate.

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We intend to file a 12(b) motion on Ms. Bruno's behalf. Therefore, we request the required conference so that you may consider whether to amend your complaint before we submit the motion. We are happy to provide a toll free number for you to call. Here are the dates and times we are available to have such a call: Thursday, January 22 at 10 am; Monday, January 26 at between 10 am and 4 pm; Wednesday, January 28 at 10 am, or between 1 pm and 4 pm; Thursday, January 29 between 10 am and 4 pm; Friday, January 30 between 9 am and 3 pm; Monday, February 2 between 10 am and noon; Tuesday, February 3 between 10 am and noon.

Please let me know which of the above dates and times works for you. I anticipate that the call would take no more than 30 minutes, but we would give you as much time as necessary to confer in good faith. Thank you,

Patricia E. Ronan, Esq. Curtis, Goodwin, Sullivan, Udall & Schwab, P .L .C. 501 East Thomas Road Phoenix, Arizona 85012-3205 www.cgsuslaw.com 602-393-1700 FAX: 602-393-1703

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EXHIBIT B


09/25/2013 13:21 928927433." QTZ MAGISTRATE COURT PAGE 02/85

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DavidE. Ward, #017545 crp 9 n 9 f m jl WARD LAW OFFICES- PLLC D ^ U 2 0 1 3 A 2224 W . Northern, Suite D-270 TOWN OFrv M ^ Phoenix, AZ 85021 • \ • . ' U W O F O U A R T Z s i f E Phone:602-424-8081 ' -Fax: 602-424-8083 Attorney for the State of Arfeona

IN THE QUARTZSITE MUNICIPAL COURT , LA PAZ COUNTY, ARIZONA

STATE OF ARIZONA, X CaseNo.; t^UHQOlf

Plaintiff ••• < V S ' ) COMPLAINT

JENNIFER MARIE JONES, I

Defendant •' \ • • ••

The undersigned being first duly sworn complains on Mo.rrrj.atj.on and belief that

defendant committed a misdemeanor in Quartzsite, La Paz County, Arizona as follows;

COUNT 1

From on or about May 22,2013, to September 12,2013, (each day constituting * separate

offense pursuant to Article 1-8 of the Quartesite Town Code), in the area of 55 E. Kuehn St,

Space 45, m. Quartzsite, Atiwraa, the defendant did carry on a trade, calling, profession,

occupation or business without first having procured a business license from the Town ; in

violation of Sections 8-2-11 and 1-8.A of the Quartzsite Town Code, a class 1 misdemeanor.

Dated this 12th day of September, 2013, -

David E. Ward QUART/SITp TOWN PROSECUTOR

David E. Ward 017545 „ ft oc\Q

COMPLAINT-1


QTZ MAGISTRATE COURT PAGE 03/m

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Subscribed and sworn to before me this ^ & day of September, 2013.

f the Municipal Court

x0 v

COMPLAINT - 2


EXHIBIT C


David E.Ward, #017545 1 | WARD LAW OFFICES, PLLC

2224 W. Northern, Suite D-270 Phoenix, AZ 85021 Phone: 602-424-8081 Fax: 602-424-8083 Attorney for the State of Arizona

R E C E I V E D

JUL 3 1 2013 A TOWN OF QUARTZSoTr

IN THE QUARTZSITE MUNICIPAL COURT LA PAZ COUNTY, ARIZONA

I STATE OF ARIZONA,

Plaintiff,

vs.

11 JENNIFER MARIE JONES,

Defendant

) ) ) Case No.: ) ) APPLICATION FOR AND ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF ) INSPECTION WARRANT )

J

Applicant Town of Quartzsite, by and through the Town Prosecutor's Office of the Tai

of Quartzsite ("Applicant") submits this Application for and Memorandum ofPoints and

Authorities in support of its request that the Court issue a warrant providing for the inspection

the property located at 55 E. Kuehn, Space 45, Quartzsite, La Paz County, Arizona ("the

Property"). This Application is accompanied by proposed Inspection Warrant and supporting

Affidavits filed concurrently herewith.

I - INTRODUCTION

Applicant seeks a warrant to permit entry upon the subject property by representatives of

the Quartzsite Development Services and Police Departments to measure the length of the trailer

found on the property and to go inside to determine i f the trailer is being used as a kennel. A

possible violation of Town Code was observed by Steve Henrichs, Acting Director of the

Quartzsite Community Development Services, and who also acts as the Code Enforcement

Official when, based upon his experience and training, he observed the subject trailer on the

Property which appears to be in violation of Article I I I , Section 2, Paragraph 68, of the Town's

APPLICATION FOR WARRANT -1


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Zoning Articles relating to "Park Model" trailers. It appears that the trailer on the Property

meets the square footage requirement, and therefore, must be set by a licensed contractor.

In addition, a trusted source of information has brought to the attention ofthe Town

Manager that the trailer on the Property is being used as a kennel without the proper permits

and/or license, and i f true, would be in violation of Article 6-2-6 ofthe Quartzsite Town Code.

The Officials from the Town requested access to the Property to inspect, but the owner

and/or the person controlling the Property refused the Official's request. A more full recitation

ofthe factual basis for this Application is found in the Affidavits attached hereto.

H. ARGUMENT

Article I I , Section 2, Paragraph 2 of the Quartzsite Zoning Articles ("QZA") is expressly

authorizes and requires the Zoning Administrator to enforce this provision ofthe QZA. Article

I I , Section 3 established that violations of the QZA may be prosecuted as crimes, and Paragraph

6 of that Article establishes that any violation of the QZA is a public nuisance.

ha order to enter the property, however, and search for the nuisance, a warrant is required.

See Schneider v. County of San Diego, 28 F.3d 89 (9th Cir. 1994)(citing Michigan v. Tyler, 436

U.S. 499, 504-05 (1978) and stating "[t]he Fourth Amendment's warrant requirement applies to

entries into private premises to search for and abate suspected or declared nuisances").

This Court has jurisdiction to issue the requested Inspection Warrant pursuant to AJLS.

§§ 13-3911 and 13-3912 A.5, and pursuant to this grant of legislative authority, this Court has

the authority to issue a warrant of inspection to allow the Town to enforce its nuisance

ordinances.

TJiere are no specific statutory provisions governing the format of an Inspection Warrant

The only constraint is that the warrant comport with the requirements ofthe Fourth Amendment

ofthe United States Constitution. See Flahive v. City of Dana Point, 85 Cal. Rptr. 2d 51, 55, n.8

(App. 1999). The form of warrant proposed by the Town does just that As set forth in the


ons on

Inspection Warrant and Affidavit ofthe Quartzsite Town Manager, attached hereto, the warrant

is supported by probable cause. It also describes with particularity the place where the

abatement is to occur and the purpose for the entry onto the property as well as the limitati,

the scope of execution ofthe warrant,

i n . CONCLUSION

Accordingly, and for the foregoing reasons, the Town respectfully asks the Court to

authorize a warrant perrnitting the Town to enter the property for the purpose of inspection and

abatement as set forth herein.

RESPECTFULLY SUBMITTED this Z y day of J c / ^ f , 2013.

JhLl David E . Ward, Quartzsite Town Prosecutor

APPLICAHON FOR WARRANT - 3


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David E . Ward, #017545 WARD LAW OFFICES, PLLC 2224 W. Northern, Suite D-270 Phoenix, AZ 85021 Phone: 602-424-8081 Fax: 602-424-8083 Attorney for the State of Arizona


STATE OF ARIZONA,

Plaintiff,

vs.

JENNIFER MARIE JONES,

Defendant

Case No.:

AMENDED APPLICATION FOR AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF INSPECTION WARRANT

Applicant Town of Quartzsite, by and through the Town Prosecutor's Office ofthe Town

of Quartzsite ("Applicant'') submits this Application for and Memorandum of Points and

Authorities k support of its request that the Court issue a warrant providing for the inspection of

the property located at 55 E. Kuehn, Space 45, Quartzsite, La Paz County, Arizona (the

"Property") and more specifically, a 1956 Fleet Travel Trailer, brown in color, found on the

Property (the "frailer"). This Application is accompanied by proposed Inspection Warrant and

supporting Affidavits filed concurrently herewith.

I . INTRODUCTION

Applicant seeks a warrant to permit entry upon the Property by representatives ofthe

Quartzsite Development Services and Police Departments to measure the length ofthe trailer and|

to go inside to determine if the trailer is being used as a kennel. A possible violation of Town

Code was observed by Steve Henrichs, Acting Director of the Quartzsite Cbnununity

Development Services, and who also acts as the Code Enforcement Official when, based upon

his experience and training, he observed the subject trailer on the Property which appears tobeinj


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violation of Article III, Section 2, Paragraph 68, ofthe Town's Zoning Articles relating to "Park

Model" trailers. It appears that the trailer on the Property meets the square footage requirement,

and therefore, must be set by a licensed contractor.

In addition, a trusted source of information has brought to the attention ofthe Town

Manager that the trailer on the Property is being used as a kennel without the proper permits

and/or license, and if true, would be in violation of Article 6-2-6 ofthe Quartzsite Town Code.

The Officials from the Town requested access to the Property to inspect, but the owner

and/or the person controlling the Property refused the Official's request A more ful l recitation

ofthe factual basis for this Application is found in the Affidavits attached hereto,

n . ARGUMENT

Article IL Section 2, Paragraph 2 of the Quartzsite Zoning Articles ("QZA") is expressly

authorizes and requires the Zoning Administrator to enforce this provision ofthe QZA. Article

IL Section 3 established that violations of the QZA may be prosecuted as crimes, and Paragraph

6 of that Article establishes that any violation of the QZA is a public nuisance.

In order to enter'the properly, however, and search for the nuisance, a warrant is required.

See Schneider v. County of San Diego, 28 F.3d 89 (9th Cir. 1994)(citingMc%mi v. Tyler, 436

U.S. 499,504-05 (1978) and stating "ft]he Fourth Amendment's warrant requirement applies to

entries into private premises to search for and abate suspected or declared nuisances").

This Court has jurisdiction to issue the requested Inspection Warrant pursuant to A.R.S.

13-3911 and 13-3912 A.5, and pursuant to this grant of legislative authority, this Court has

the authority to issue a warrant of inspection to allow the Town to enforce its nuisance

ordinances.

There are no specific statutory provisions governing the format of an Inspection Warrant

The only constraint is that the warrant comport with the requirements ofthe Fourth Amendment

ofthe United States Constitution. See Flahive v. City of Dana Point, 85 Cal. Rptr. 2d 51,55, n.8


(App. 1999). The form of warrant proposed by the Town does just that As set forth in the

Inspection Warrant and Affidavit ofthe Quartzsite Town Manager, attached hereto, the warrant

is supported by probable cause. It also describes with particularity the place where the

abatement is to occur and the purpose for the entry onto the property as well as the limitations

the scope of execution of the warrant,

in. CONCLUSION

Accordingly, and for the foregoing reasons, the Town respectfully asks the Court to

authorize a warrant permitting the Town to enter the property for the purpose of inspection and

abatement as set forth herein.

on

RESPECTFULLY SUBMITTED this / 2013.

APPLICATION FOR WARRANT - 3


EXHIBIT D


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SHANNON R. A L L E N #026394 ALLEN & FOUTZ, PLLC 207 N . Gilbert Road, Suite 007 Gilbert, Arizona 85234 Telephone: (480) 268-9476 Fax: (480) 302-8491 [email protected] Attorney for the State of Arizona

4 %f!y ^_ i s

FE B 2* 2014

QUARTZSITE MUNICIPAL COUR*

I N T H E Q U A R T Z S I T E M U N I C I P A L C O U R T L A P A Z C O U N T Y , A R I Z O N A

STATE OF ARIZONA,

Plaintiff,

vs.

JENNIFER MARIE JONES ,

Defendant.

Case No.: CR 2013-0074

N O T I C E O F A P P E A R A N C E

Notice is hereby given that, Shannon R. Allen, hereby appears as Town of Quartzsite

Prosecutor representing the State of Arizona in the above captioned matter.

RESPECTFULLY SUBMITTED this 21 s t day of February, 2014

SHANNON R. A L L E N Prosecutor


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Original dated and faxed/mailed the 21 of February, 2014:

Town of Quartzsite Magistrate Court PO Box 583 Quartzsite, Arizona 85346 Faxed to 928-927-4332

Jennifer Marie Jones PO Box 1320 Quartzsite, Arizona 85346 Defendant

RECEIVED

FEB 24 2014

QUARTZSITE MUNICIPAL COURT

By: ̂ AfotTttUrf ffjA.


EXHIBIT E


IN THE QUARTZSITE MUNICIPAL COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF LA PAZ

vs.

State of Arizona,

Jennifer Jones

Defendant

Plaintiff

) ) ) ) ) ) ) )

Case Number/Docket Number:

CR2013-0074 ORDER

The Defendant, Jennifer Jones was found guilty at a bench trial. Thereafter, Ms.

Jones filed a Motion for Reconsideration. The State responded and filed a Request for

Sanctions against Ms. Jones. The Court heard oral argument on the Motion for

Reconsideration and took the Motion and Request for Sanctions under advisement.

In her Motion for Reconsideration, Ms. Jones asked the Court to:

A. "Rescind/strike/revoke in its entirety the November 7, 2014 Order in CR2013-

0074 finding the Defendant guilty of violating Quartzsite Town Code Section 8-2-

1 1 - a class one misdemeanor."

B. "Enter a new Order acquitting the Defendant of violating Quartzsite Town Code

8-2-1 or provide an explanation in writing as to under what lawful authority this

court has to change the charge at this time."

In considering Ms. Jones Motion for Reconsideration, the Court reviewed the trial

record for any grounds to change the finding of guilt in the Court's original Order. In the

Court's Order of November 7, 2014, the Court detailed the Facts and Conclusions of

Law. Upon thorough reconsideration of that Order based on Ms. Jones' Motion and the

1 Section 8-2-1 license Required t . v v .._ ,,. It is unlawful for any person, to carry on any trade calling, profession, occupation or business, specified in this article, without first having procured a license from the town to do so either pursuant to Article 8-1 or this article and without complying with any and ail regulations of such trade, calling, profession, occupation or business as specified in this article.


State's Response, the Court finds no reason to make any changes in the Order, The

State's evidence presented at trial proved beyond a reasonable doubt that Ms. Jones

violated numerous sections of the Quartzsite Town Code (hereinafter referred to as the

"Town Code") as charged by the State in Count 1/A - Articles 1-8 and 8-2 ofthe Town

Code,

The State proved beyond a reasonable doubt that "Ms. Jones violated Section 8-

2-11 of the Town Code when she did carry on a trade, calling, profession, occupation or

business without first having procured a business license from the Town." State's

Response

Ms. Jones also violated 8-2-11 E of the Town Code when she failed to comply

with section 8-2-3 C which required the Planning and Zoning Department to conduct a

zoning review prior to the issuance of any business license.

The State also proved beyond a reasonable doubt that Ms. Jones violated , *

Section 8-2-11 D ofthe Town Code "when the Business License previously granted to

Defendant was not operated in fuli compliance with the conditions of approval, resulting

in its revocation."

The Court agrees with the State's summary of the violations:

"D. The State provided testimony and evidence beyond a reasonable doubt that Defendant's business license application was not granted pursuant to Quartzsite Town Code Section 8-2-3 C which is directly stated in Quartzsite Town Code Section 8-2-11 E as a condition to prevent revocation of the right to conduct business within the Town. Section 8-2-3 C of the Town code, requires [that] the Planning and Zoning Department has the right to review zoning prior to the issuance of a business license, . ' Defendant refused to cooperate with the Town despite repeated requests to comply with zoning requirements] and continued to advertise and operate a business during the dates alleged in the complaint. The advertising and signage at her place of business is prima facie evidence of a business being pursued pursuant to 8-1-7 D. Defendant violated the Town Code when she continued to operate her business.,." State's Response, Paragraph D.

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Conclusion

The Court denies Ms. Jones1 Motion for Reconsideration and denies the State's

Request for Sanctions,

The Court sentenced Ms. Jones in person and in open court on December 9,

2014. Pursuant to the Judgment and Sentence signed on that date, the Court found Ms.

Jones guilty of "Count 1/A - Articles 1-8 and 8-2 Quartzsite Town Code: Business

License Code Class One Misdemeanor." The Judgment and Sentence is effective'and

the appeal time begins to run as of January 22, 2015. Ms. Jones will be provided with a

written copy of her appeal rights, Ms. Jones was sentenced to pay a fine of $337.90.

Ms. Jones will also be charged a time payment fee if she does not pay the fine on the

date she receives this Order. Ms. Jones was also sentenced to perform 40 hours of

Community Restitution by February 8, 2015. Completion of the Community Restitution

requirement is extended to March 15, 2015.

Dated this January 21, 2015,

Quartzsite Magistrate Judge Pro Tern, Paul Julien

I certify a copy of the foregoing was E-mailed to the parties on January 21, 2015:

Shannon Allen, Prosecutor Jennifer Jones, Pro Per

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EXHIBIT F


Form 2. Defendant 's Notice of Appeal (Criminal)

[CAPTION]

STATE OF ARIZONA ) N o . ( L R Z 0 ( 3 0 O \ ^

) )

vs. )

j DEFENDANT'S NOTICE OF APPEAL

t3"gJA.fli h\-Cxn .e.J3"fl 3 (CRIMINAL)

The undersigned appeals from the final order or final judgment in the above case as follows:

Appellant understands: (I) the instructions set forth in the "Notice of Right to Appeal," including payment for a copy of the record or transcript; (2) the need to post bond to stay enforcement ofthe judgment unless released on "own recognizance;" (3) filing an original and copy ofthe Appellant's Memorandum with the trial court; and (4) that failure to complete all stages in the appeal may result in the dismissal ofthe appeal and reinstatement of the trial court judgment.

The following address may be used for all court notices. The court will be notified IN WRITING of any change of address. Defendant's current mailing address must be PRINTED here, even if defendant is represented by counsel :

Streetfi. O . t & O \L [ S 2-Q Apt/Unit No. k l Ilk

i i t x n ^ S i \JL.r. A zip <RX~& ^J(ry

(Daytime Phone) (9Z%

D a t e d : ^ g / 3 / / j T J j f c ^^efendar^sor AttomeyCSignature Bar No.

Defendant's Birth Date:


EXHIBIT G


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DavidE. Ward, #017545 WARD LAW OFFICES, PLLC 2224 W. Northern, Suite D-270 Phoenix, AZ 85021 Phone: 602-424-8081 Fax: 602-424-8083 Attorney for the State of Arizona

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STATE OF ARIZONA,

Plaintiff;

vs.


Defendant

Case No.

AFFIDAVIT OF LAURA BRUNO IN SUPPORT OF INSPECTION WARRANT

STATE OF ARIZONA

County of La Paz

) )ss. )

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Laura Bmno, being first duly sworn upon her oath, hereby deposes and says:

l am employed by theTown of Quartzsite ns^TownM^er. As such,

responsible for the enforcement ofTown Code and Zoning Ordinance. I make this Affidavit in

support of a request for an Inspection Warrant

2. This investigation was initiated through information received/in my office on July 18,

2013 5 fro m a MgUytrustedMvidual . The Mormation alleged, specfficaUy, that the following

person is keeping and inair^aining upwards of sixteen (16) dogs on property located within the

Town Limits. Tie name and physical location for that person is: Ms. Jennifer Jones, 55 E.

Kuehn, Space 45, Quartzsite, Arizona I am also advised this individual may not have a current

business license.

Affidavit of L . Bruno


The purpose for seeking access to the property is to investigate an alleged on-going

violation of Article 6-2-6 of the Quartzsite Town Code in the interest of public health, safety and

welfare which took place on.

4. My investigation into this matter causes me to reasonably believe that a violation has

been or is being committed pursuant Article 6-2-6 ofthe Quartzsite Town Code and that in light

ofthe reasonable goals of code enforcement further investigation is warranted and supported by

the irrformation I have already gathered.

FURTHER AFFIANT SAYETH NOT.

I^^^^no^u^^^e^^^Mariager

SUBSCRIBED AND SWORN TO before me this / ^ d a y o f ^ l * ^ ^ 20j£

U P,i County Stpttmber 18 intm Notary PnbBW o

My commission expires: a . ,

Affidavit of L . Bruno


EXHIBIT H


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David E . Ward, #017545 WARD LAW OFFICES, PLLC 2224 W. Northern, Suite D-270 Phoenix, AZ 85021 Phone: 602-424-8081 Fax: 602-424-8083 Attorney for the State of Arizona


STATE OF ARIZONA,

Plaintiff,

vs.


Defendant J

Case No.:

AMENDED AFFIDAVIT OF STEVE HENRICHS IN SUPPORT OF INSPECTION WARRANT

STATE OF ARIZONA

County of La Paz

Steve Henrichs, being first duly sworn upon his oath, hereby deposes and says:

1. I am employed by the Town of Quartzsite as the Acting Director ofthe Community

Development Services for the Town. As such, I am responsible (subject to supervisiomaad

approval ofthe Town Manager) for the enforcement of Town Code and Zoning Ordinance. I

make this Affidavit in support of a request for an Inspection Warrant

2. This investigation was initiated by me because of my physical inspection ofthe property

located at 55 E . Kuehn, Space 45, Quartzsite, Arizona, (the "property") and a 1956 Fleet Travel

Trailer found thereon (the "trailer")-


[3. The purpose for seeking access to the property is to investigate whether the trailer on tl

property meets the allowable square footage for a Park Model trailer as specified in the

Quartzsite Town code in Article ffl, Section 2, Paragraph 68 ofthe Town's Zoning Articles.

4. I requested access to the Property to inspect, but the owner and/or the person controllinj

the Property refused my request •

5. My investigation into this matter causes me to reasonably believe that a violation has

been or is being committed pursuant to Article HI, Section 2, Paragraph 68 ofthe Town's Zonin.

Articles, and that in light of the reasonable goals of code enforcement further investigation is

warranted and supported by the information I have already gathered.

FURTHER AFFIANT SAYETH NOT.

Steve Henrichs,

Acting Director of the CommMty Development Services

SUBSCRIBED AND SWORN TO before me this /t^Lv of Agirt/ . 2 0 &

Notarv^Public

My commission expires: TERRY FRAUSTO

N * 1C8588 - LA W Z COUNTY 6% CajMK, t»tem *ftu 17,2017


EXHIBIT I


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David Fu Want, #17545 WARD LAW OFFICIOS, FIIA , , , , 2224 W, Northern. SUIW I>-2"»0 J ** /;> ' Phocaix.AZ85021 r .„_, F

Phone: 602-424-KOXI , '; ',15-"~ - ~,, Fax: S02-424~m«3 r 1- —- r

Attorney for the State oi: Anm:m

IN ISIL'H AJk(/« i fcMtAiC'P^LCOt 'R: ' A PA ' t O. \ FY, AR*

JST^TL HP ARIZONA, \

I'iMnnft ) INSPECTION WARSAW

v s - » \ •'uneiiiird)

JIi> VLFFR MARIF JONES.

Defendant

iO* Tl-T DIRrtTOR OF THF. K F W N O F QUARTZSITE, C O M M U N I T Y

DEVELOPMENT SER\ ICES D E P A R T M E N T , 11 IE QUARTZSITE POLICE

DFfARTMEN'l A N D ANY REPRESEN TA11 VES T l i i R E O I : ,

1 Proof bv affidavit of I jtun. Bruno ami Stev e Henrichs. for the Town of I? l i

Ouartzsite. having been made before the abcr*. e-entitled Court, pursuant to A.R.S. §•

13-3912| 5). thcrv >̂ pmbable cause for ht je^ tng that Quanzsiw: Town Code and j ;

j Ouartzsite Town Zoning Articles violations 'Jj.if.ts m the premises located at 55 E,

' Kuehn. Space 45, Qu;rtzs;fc, Arizoni, and more specificalh, a 1956 Flee? Travel f r a i l e r , hrown in color. If is neeessan to enter the property a 55 E, Kuehn, Space 45,!

| Quari?sii<e, Ar.z-.KL to inspect to ensure compliance with Ac ai>ovc mentioned codes ' 24 i

and articles.


I UPON G O O D CAUSE SHOWN TO THE C O U R T :

| YOU ARE HEREBY COMMANDED 1 0 EN1T R the property described

ij below with the purpose of measuring the square footage of 3 1956 Travel Trailer,

brawn in color, found there on and to enter die trailer for the purpose ofdeteriuimng

whether there is an operating kennel therein.

D E S C R I P T I O N O F P R O P E R T Y : 55 £. Kuehn. Space 45, Quarteite, Arizona

iHE FOfXOWfNG CONDITIONS A P P L Y :

|! 1- The warrant must be executed within five (A) calendar days of the date

hereof, between the hours of fe;3CS a.m and 10 p.m.

i -• Reasonable forcible entry onto the premise.!, ii authorized i f necessary to

effectuate entry. .Any locked gates or other object ions may be unsecured

forestry,

3. Notice ofthe officer's authority and purpose shall be given upon arrival at

the properly. Executing officers may break into a building, premises or

vehicle or any part o f a building, premises or vehicle to execute this warrant

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a) after oraj notice of authority and purpose is provided, the officer receives

no response within a reasonable time;

b) after notice of authority and purpose, the officer is refused admittance;

c) the particular circumstance and the objective articulable facts arc such

that a reasonable officer would believe that serving notice ofthe


33 8TZ mxstmt'axftr rwsfc mm

officer's aatborfty and ptsrpose before ertierisg wo'old e&daagar dbc

safety of any person or would result in destruction of evidence

t Any animals fcuad on the prerases may be resar&ioed by aodwrized

representatives of fee Town's Police Dtrpartment wnbl they can be ckbned

*9" rightful o«7i«« en site, aid may be token into the custody of tbc

Police Department for humane treatment

Retaro of this •warrant to the Com shell bt wraplsted whhfc three (3) cotart

businwt* deyj ifier essoinee of this warrant,

* The executing oScer rosy tJisJca or cause a» be made photograph*, audio

and videotape, raeasuremeras, impressions or scientific tests.

7, The peace officer executing the warrant directing a search of airy premises

or vehicles may search any person m the premises or ia my vehicle if

either*

a) fe I* reasonably necessary to protect him or herself or otbsrs from the us*

of say weapon that may be concealed upon the person;

b) it is reason ebry necessary totake custody of toy items mitmentted fc the

warrant which may be concealed upon the persons.

GIVEN UNDER MY HAND OR. M I C T I O N THIS 2P M of

RECEIVSO i

OdASTZSitE «U«CP4l COURT


EXHIBIT J


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CURTIS, GOODWIN, SULLIVAN. U D A L L & SCHWAB, P.L.C.

501 East Thomas Road Phoenix, Arizona 85012-3205 Telephone (602) 393-1700 [email protected] Kelly Y. Schwab, Esq. (#014038) Patricia E. Ronan (#029009) TrishStuhan (#027218) Attorneys for Town of Quartzsite, Mark Orgeron, Michael Jewitt, Carol Kelley, David Ward, Laura Bruno, Stephen Henrichs, and Norma Crooks

m THE UNITED STATES DISTRICT COURT

FOR T H E DISTRICT OF ARIZONA

Jennifer Marie Jones, CASE NO. 2:14-CV-01907-SPL

Plaintiff, DECLARATION OF LAURA BRUNO I N SUPPORT OF MOTION TO DISMISS FOR

v - INSUFFICIENT SERVICE OF PROCESS Town of Parker, et al., PURSUANT TO RULE 12(b)(5)

Defendants. (Assigned to the Honorable Stephen P. Logan)

1. My name is Laura Bruno and I am over 18 years of age. From September 12,

2012 to May 16, 2014,1 was employed as the Town Manager ofthe Town of Quartzsite,

Arizona. I have personal knowledge ofthe facts set forth herein.

2. This is the second federal civil rights complaint filed by Plaintiff Jennifer Jones

relating to a trailer within which she operated an unlicensed dog-grooming business and

efforts by the Town of Quartzsite to enforce its codes concerning zoning, business licenses

and vendor permits. The Town, myself, David Ward, Mark Orgeron, Stephen Henrich,

Michael Jewitt, Carol Kelley and Norma Crooks were all named as defendants in the action

- 1 -

File: 1942-002-0009-0000; Desc: Bruno Declaration in support of 12(b)(5); Doc#: 216692vl


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Jones v, Ouartzsite, etal, 2:13-cv-02170, however Jennifer Jones did not serve all the named

defendants in that action and some were dismissed.

3. On January 20. 2015, around 11:25 a.m., I was in my trailer home at 115 Emelia

in Quartzsite, Arizona. I was inside when I heard someone Imock on the door. I did not know

who was at the door or the purpose for the visit. I went to the door and the person identified

herself as a process server. I instructed her to leave the papers at the doorstep.

4. Later that morning, I found a document on my porch that purported to be a

complaint filed in the United States District Court for the District of Arizona by Jennifer

Marie Jones. I also received the cover page for the summons, which had the caption but no

other information.

5. Later that day, someone returned to the trailer and left a separate page at my

doorway. This page gave instructions purporting to require me to answer a complaint, but did

not contain the name ofthe action. I t was not accompanied by any other documents.

6. The complaint filed by Ms. Jones was not served on me together with or at the

same time as the summons to notify me that a lawsuit has been filed against me or instruct me

of the time to answer the complaint.

7. Pursuant to 28 TJ.S.C. § 1746.1 declare under penalty of perjury under the laws

ofthe United States of America that the foregoing is true and correct.

Laura Bruno

-2-

:: 2000-000-0000-0000; Desc: Bruno Declaration in support of 12(b)(5): Doc*': 216692vl


exhibit a - wordpress.com...2:14-cv-01907-spl exhibit a declaratio certify compliancn of patrici...

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