Free Statement - District Court of Arizona - Arizona

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John T. Masterson, Bar #007447 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7846 [email protected] [email protected] Attorneys for Defendants, Brad Weekley, Penny Dahlberg, Guy Gorman and Dave Boatwright David F. Gaona, Esq. Nicole Cantelme, Esq. Gaona Law Firm 3101 North Central Avenue Suite 720 Phoenix, AZ 85012 Attorneys for Co-Defendants James. W. Field PO Box 248 Salome, Arizona 85348 Plaintiff Pro Per UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA James W. Field, Plaintiff, v. County of La Paz, et al., Defendants. JOINT PROPOSED STATEMENT OF THE CASE CV 03-2214-PHX SRB

Counsel for APS Defendants and La Paz County Defendants, submit the following Statement of the Case to be presented to the jury panel during jury selection. Plaintiff's proposed Statement of the Case is attached as Exhibit 1. Plaintiff provided this information to the Defendants piecemeal. Due to time constraints the parties
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have been unable to prepare Joint Statement of the Case. The parties will continue to work together to develop a joint document prior to the scheduling conference on May 30, 2006. STATEMENT OF THE CASE On November 12, 2002, the electric service to James Field's property in Salome, Arizona (located in La Paz County), was shut off by APS, the electrical provider, because APS believed there to exist electrical safety hazards on James Field's property. Before the termination, La Paz County provided pictures and documents to APS resulting from a La Paz County Inspection of Mr. Field's property on October 30, 2002. This is an action brought pursuant to 42 U.S.C. § 1983, wherein Mr. Field asserts that La Paz County and APS, and employees of each entity, unlawfully terminated his electrical service without prior notice, and deprived him of a constitutional right. Mr. Field alleges that La Paz County compelled or ordered APS to terminate the electrical service to his property, without notice, that APS becomes a State actor. APS denies that it is a State actor and it denies that a local government has the ability to order APS to terminate a customer's electrical facilities. Additionally, both APS and La Paz County assert that obvious electrical hazards existed to the electrical facilities on Mr. Field's property that warranted shutting off Mr. Field's power without notice. Both APS and La Paz County deny all liability. Mr. Field's claims he has been monetarily injured as a result of the terminated electrical service.

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DATED this 23rd day of May, 2006. JONES, SKELTON & HOCHULI, P.L.C.

BY s/Jennifer L. Holsman John T. Masterson Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants, La Paz County, Brad Weekley, Penny Dahlberg, Guy Gorman and Dave Boatwright COPY of the foregoing mailed this even date to: James. W. Field PO Box 248 Salome, Arizona 85348 Plaintiff Pro Per

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