Case 2:19-cv-04347-JJT Document 62 Filed 01/17/20 Page 1 of 3

1 Larry J. Wulkan (Bar No. 021404)
Javier Torres (Bar No. 032397)
2 STINSON LLP
1850 N. Central Avenue, Suite 2100
3 Phoenix, Arizona 85004-4584
Tel: (602) 279-1600
4 Fax: (602) 240-6925
Email: larry.wulkan@stinson.com
javier.torres@stinson.com
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6 Attorneys for Plaintiffs
7 Edward A. Rose, Jr.
Edward A. Rose, Jr., Attorney at Law, P.C.
8 3027 Marina Bay Drive, Suite 2080
League City, TX 77573
9 Tel: (713) 581-6029
Email: edrose@edroseattorneycpa.com
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Attorneys for Defendants Russell Jaffe, Lesa Antone,
11 Laura Damasco, and Brandi Payne, and Patriot Movement AZ
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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

14 Alliance of Christian Leaders of the East
Valley; Magdalena Schwartz, in her
15 individual capacity and as president
pastor of Alliance of Christian Leaders of
16 the East Valley; Iglesia Alfa y Omega;
Elias Garcia, in his individual capacity
17 and as pastor of Iglesia Alfa y Omega;
Iglesia Monte Vista; Angel Campos, in
18 his individual capacity and as pastor of
Iglesia Monte Vista; Iglesia Nueva
19 Esperanza; Israel Camacho, in his
individual capacity and as pastor of
20 Iglesia Nueva Esperanza; Iglesia
Apostolica; Helping With All My Heart,
21 Inc., an Arizona non-profit corporation;
Cristobal Perez, in his individual
22 capacity and as pastor of Iglesia
Apostolica De La Comunidad; Iglesia
23 Cristiana El Buen Pastor; Hector
Ramirez, in his individual capacity and
24 as pastor of Iglesia Cristiana El Buen
Pastor; Terence Driscoll,
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Plaintiffs,
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CORE/3515773.0002/157036038.2

No. 2:19-cv-04347-JJT
JOINT MOTION BETWEEN
PLAINTIFFS AND DEFENDANTS
RUSSELL JAFFE, LESA ANTONE,
LAURA DAMASCO, BRANDI PAYNE
AND PATRIOT MOVEMENT AZ FOR
ENTRY OF CONSENT DECREE

 Case 2:19-cv-04347-JJT Document 62 Filed 01/17/20 Page 2 of 3

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v.
Patriot Movement AZ; AZ Patriots;
Jennifer Harrison; Sean Harrison; Lesa
Antone; Russell Jaffe; Jeremy Bronaugh;
Antonio Foreman; Laura Damasco; Tami
Jo Garver; Michael Pavlock; “Brandi
Payne”; Jane Roe; “Eduardo Jaime”;
John Does 1 & 2,
Defendants.

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Plaintiffs and Defendants Russell Jaffe, Lesa Antone, Laura Damasco, Brandi Payne,

8 and Patriot Movement AZ (“Consenting Defendants”) have reached a resolution in this matter
9 that is contingent on the Court entering the consent decree which has been lodged with this
10 motion. The consent decree memorializes these parties’ agreements and resolves all of
11 Plaintiffs’ substantive claims against Consenting Defendants.
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In light of the foregoing, Plaintiffs and Consenting Defendants request that this Court

13 approve and enter the consent decree as soon as possible.
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RESPECTFULLY SUBMITTED this 17th day of January 2020.

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STINSON LLP

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By:

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/s/ Larry J. Wulkan
Larry J. Wulkan
Javier Torres
1850 North Central Avenue, Suite 2100
Phoenix, Arizona 85004-4584
Attorneys for Plaintiffs
EDWARD A. ROSE, JR., ATTORNEY AT
LAW, P.C.

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By:

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/s/ Edward A. Rose, Jr.
Edward A. Rose, Jr.
3027 Marina Bay Drive, Suite 208
League City, TX 77573
Attorneys for Defendants Russell Jaffe, Lesa
Antone, Laura Damasco, Brandi Payne, and
Patriot Movement AZ

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CERTIFICATE OF SERVICE
I hereby certify that on January 17, 2020 I electronically filed the foregoing with the
Clerk of the Court for the U.S. District Court for the District of Arizona by using the CM/ECF
System. Participants in the case who are registered CM/ECF users will be served by the
CM/ECF system:

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By: /s/ Kathleen Kaupke

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8

UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

10 Alliance of Christian Leaders of the East
Valley; et al.,
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Plaintiffs,
12 v.
13 Patriot Movement AZ; et al.,

No. 2:19-cv-04347-JJT
CONSENT DECREE AS TO
DEFENDANTS RUSSELL JAFFE, LESA
ANTONE, LAURA DAMASCO, BRANDI
PAYNE AND PATRIOT MOVEMENT
AZ

Defendants.

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PRELIMINARY RECITALS

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Plaintiffs

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1.

Alliance of Christian Leaders of the East Valley (“Alliance”) is a nonprofit

21 organization comprised of pastors of several Hispanic churches in the Phoenix metropolitan
22 area.
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2.

Magdalena Schwartz is a pastor and a resident of Mesa, Arizona. Pastor

24 Schwartz is the founder and head pastor of the Alliance as well as the founder of the Academia
25 de Capellania Llamados Para Servir (Academy of Chaplains Called to Serve), a nonprofit
26 organization.
3.
Iglesia Alfa y Omega is a bilingual, non-denominational Christian church in
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4.

Elias Garcia is a resident of Phoenix, Arizona, and is the senior pastor of Iglesia

2 Alfa y Omega.
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Iglesia Monte Vista is a bilingual, cross-cultural Christian church in Phoenix,

4 Arizona.
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Angel Campos is a resident of Phoenix, Arizona, and is the senior pastor of

6 Iglesia Monte Vista.
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7.

Iglesia Nueva Esperanza is a bilingual, non-denominational Christian church in

8 Mesa, Arizona.
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Israel Camacho is a resident of Mesa, Arizona, and is the senior pastor of Iglesia

10 Nueva Esperanza.
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9.

Iglesia Apostolica De La Communidad is a Spanish-speaking, non-

12 denominational Christian church in Phoenix, Arizona.
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Cristobal Perez is a resident of Phoenix, Arizona, and is the senior pastor of

14 Iglesia Apostolica De La Communidad.
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Helping With All My Heart, Inc. is an Arizona non-profit corporation.

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Pastor Perez is the executive director of Helping With All My Heart. Helping

17 With All My Heart serves the homeless, visits rehabilitation centers, and runs a food bank and
18 jail ministry.
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13.

Iglesia Cristiana El Buen Pastor is a Spanish-speaking, non-denominational

20 Christian church in Mesa, Arizona.
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Hector Ramirez is a resident of Mesa, Arizona, and is the senior pastor of Iglesia

22 Cristiana El Buen Pastor.
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15.

Terence Driscoll is a resident of Phoenix, Arizona.

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Defendants

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16.

Russell Jaffe is a resident of Litchfield Park, Arizona.

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Lesa Antone is a resident of Litchfield Park, Arizona.

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18.

Laura Damasco is a resident of Sun City, Arizona.

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Brandi Payne is a resident of Arizona.

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Patriot Movement AZ is an unincorporated association founded by Defendants

3 Russell Jaffe and Lesa Antone.
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DEFINITIONS

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21.

“Plaintiffs” refers to the individuals and entities described in paragraphs 1–15,

22.

“Consenting Defendants” refers to the individuals and entities described in

6 above.
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8 paragraphs 16–20, above.
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“Parties” refers to the Plaintiffs and Consenting Defendants, collectively.

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ORDER
Accordingly, the Parties having freely given their consent, and the terms of the Consent

12 Decree being fair, reasonable, and consistent with the requirements of state and federal law,
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IT IS ORDERED as follows:

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1.

The Joint Motion for Approval of Consent Judgment (Doc. __) is granted.

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2.

Rather than engage in protracted litigation, the Parties agree to resolve this

16 matter through this Consent Decree.
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3.

Defendants are permanently enjoined and restrained from:
(A) trespassing on, standing, sitting, or lying on, or blocking, impeding, or
obstructing ingress or egress from any property or building owned or regularly
and consistently utilized by Plaintiffs, or directly encouraging others to do the
same;
(B) trespassing on, standing, sitting, or lying or being present in or on,
blocking, impeding, or obstructing ingress to or egress from any parking lot,
driveway, driveway entrance, or walkway entrance to any property or building
owned or regularly and consistently utilized by Plaintiffs, or directly encouraging
others to do the same;
(C) physically abusing, grabbing, touching, pushing, shoving, crowding,
or tortiously harassing persons entering or leaving, working at or using the
services of any property or building owned or regularly and consistently utilized
by Plaintiffs, or directly encouraging others to do the same;
(D) using any mechanical loudspeaker or sound amplification device,
including, but not limited to, megaphones, bullhorns, and electric amplifiers, or
making any excessively loud sound which injures, disturbs, or endangers the
health or safety of any person on any property or building owned or regularly and
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consistently utilized by Plaintiffs, or directly encouraging others to do the same;

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(E) defacing, vandalizing, or damaging in any way any property or
building owned or regularly and consistently utilized by Plaintiffs, or directly
encouraging others to do the same;

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(F) recording, filming, taping, or photographing by any means, including
but not limited to cameras or cell phones, any person on any property or building
owned or regularly and consistently utilized by Plaintiffs, or directly encouraging
others to do the same; if such recording, filming, taping, or photographing is
within 50 feet of any boundary of such property or building; and

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(G) stating or implying (or directly encouraging others to do the same) in
any public forum, including but not limited to, social media or media interviews,
that any Plaintiff is engaged in any form of human trafficking or sex trafficking
or harboring fugitives. For purposes of this paragraph, “stating or implying”
includes publishing, republishing, and failing to remove any previously
published statement, by either Consenting Defendants or any third party, on any
social media account which Consenting Defendants control. To ensure that
Consenting Defendants can comply with this provision, Plaintiffs agree to
identify and itemize for Consenting Defendants all past known previously
published statements, and any social media account controlled by Consenting
Defendants, that are within the scope of this Section (G), within 30 days after
entry of this Order. Consenting Defendants shall have 30 days from receiving the
itemization from Plaintiffs, required above, to remove such previously published
statements. Plaintiffs agree to use their best efforts to identify all past known
previously published statements. Plaintiffs may amend the notice contemplated
in this paragraph upon learning of statements not included in the original notice;
Consenting Defendants shall have 30 days from the date of the amended notice
to remove such previously published statements. In the event that there is an
unresolvable dispute as to whether any statement is within the scope of this
Section (G), Plaintiffs may seek an Order from the Court determining the
dispute.

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4.

Defendants shall, jointly, pay Plaintiffs a total of $750.00.

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Each person found in violation of this Order, in addition to any civil or criminal

contempt penalties assessed, shall by jointly and severally liable for actual damages incurred
by any and all Plaintiffs injured by the violation, and shall be jointly and severally liable for all
attorneys’ fees and related costs incurred by any and all Plaintiffs in relation to the
enforcement of this Order;
6.

Nothing in this Order shall be construed to supersede or diminish the obligation

of federal, state, and local law enforcement authorities to fulfill their duties and responsibilities
in enforcing federal and state laws and local ordinances.
7.

Nothing in this Order shall be construed to limit or interfere with the ability of

federal, state, and local law enforcement authorities to take, if necessary, additional measures
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1 under the law, above and beyond the restrictions contained in this Order, to maintain order and
2 keep the peace.
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8.

This Court shall retain jurisdiction of this action for the purposes of assuring

4 compliance with the terms and conditions of this Order, and of entering such further and
5 additional Orders as may be required.
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9.

This Order may be enforced by a motion for contempt, only after providing

7 written notice to counsel for Consenting Defendants and a reasonable opportunity to cure any
8 alleged violation of this Order.
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The Clerk is instructed to terminate this action.

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Dated this_____ day of January, 2020.

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Honorable John J. Tuchi
United States District Judge

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