Free Statement - District Court of Arizona - Arizona

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GAONA LAW FIRM
A PROFESSIONAL CORPORATION

3101 NORTH CENTRAL AVE, SUITE 720 PHOENIX, ARIZONA 85012 _____________

(602) 230-2636 Fax (602) 230-1377

David F. Gaona, State Bar No. 007391 Nicole Seder Cantelme, State Bar No. 021320 Attorneys for Defendants APS, Doug McDonald and Donald Wilson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, vs. LA PAZ COUNTY, et al., Defendants. No. CIV03-02214 PHX SRB SEPARATE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT/ JUDGMENT ON THE PLEADINGS OF DEFENDANTS ARIZONA PUBLIC SERVICE COMPANY, DOUG McDONALD, AND DONALD WILSON

Defendants Arizona Public Service Company ("APS"), Doug McDonald and Donald Wilson submit the following separate statement of facts in support of their motion for judgment on the pleadings/motion for summary judgment: 1. Plaintiffs filed their original complaint on November 12, 2003. Plaintiffs' Original Complaint. 2. On March 5, 2004, Plaintiffs filed an Amended Complaint. See Plaintiffs' Amended Complaint. 3. On March 15, 2004, this Court granted Plaintiffs' Motion to Amend. See Order filed March 15, 2004. See

Case 2:03-cv-02214-SRB

Document 124

Filed 12/30/2005

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

4.

Plaintiffs Amended Complaint alleges that Plaintiffs have brought claims against the Defendants, including APS, Doug McDonald, and Donald Wilson pursuant to 42 U.S.C. §§ 1981, 1982, 1983, 1985(3) and 1986. See Plaintiffs' Amended Complaint at ¶ 1.

5.

The Amended Complaint, however, only alleges three counts against the APS defendants: (1) for violations of procedural due process under § 1983, (2) for conspiracy under § 1985, and (3) for failure to prevent conspiracy under § 1986. See id. at ¶¶ 37 through 63 (count one); ¶¶ 64 through 93 (count two); ¶¶ 94 through 105 (count three).

6.

Plaintiffs failed to further plead any basis for their alleged claims under 42 U.S.C. §§ 1981 and 1982. See id.

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7.

Plaintiffs' allegations stem from the termination of their electrical service to their property in Salome, Arizona, on November 12, 2002. Id. at ¶¶ 3, 39.

8.

Plaintiffs allege that their procedural due process rights were violated when their electrical service was terminated without notice. Id. at ¶ 39.

9.

Due to the existence of obvious safety hazards on Plaintiffs' property, APS terminated Plaintiffs' electrical service on November 12, 2002. Id. at Exhibit S (E-mail Correspondence dated February 8, 2003, from D.L. Wilson to James Field, a more legible copy which is attached hereto as Exhibit A).

10.

APS had also received information from La Paz County alerting APS to the safety hazards on Plaintiffs' property and a request from La Paz County that APS cooperate with a notice and order of abatement seeking to terminate Plaintiffs' electrical service. Id. at Exhibits G and R (Letter dated November 7, 2002, from Guy Gorman to Doug McDonald; Copy of

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Notice of Abatement and Order, dated November 5, 2002, copies of which are attached hereto as Exhibits B and C, respectively). 11. APS employees Doug McDonald and Donald Wilson evaluated the Plaintiffs' electrical facilities, determined the presence of obvious safety hazards on Plaintiffs' property, and terminated Plaintiffs' electrical service. Id. at Exhibit S. DATED this 30th day of December, 2005. GAONA LAW FIRM

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GAONA LAW FIRM

/s/ Nicole Seder Cantelme David F. Gaona Nicole Seder Cantelme Attorneys for APS, Doug McDonald and Donald Wilson

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

CERTIFICATE OF SERVICE I hereby certify that on December 30, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: John Masterson, Esq. Jennifer Holsman, Esq. JONES SKELTON & HOCHULI, 3200 North Central Avenue, Suite Phoenix, Arizona 85012 I further certify that on December 30, 2005, I mailed a copy of the foregoing document to Plaintiffs pro per: James W. Field and Susan F. Field 66524 Hwy 60 Post Office Box 248 Salome, Arizona 85348 I further certify that on December 30, 2005, the attached document was handdelivered to: The Honorable Susan R. Bolton United States District Court for the District of Arizona Sandra Day O'Connor U.S Courthouse, Suite 522 401 West Washington Street, SPC 50 Phoenix, Arizona 85003-2153

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GAONA LAW FIRM

/s/ Nicole Seder Cantelme

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