SUPREME COURT OF ARIZONA
ROBERT BRANCH, an individual,

)
)
Plaintiff/Appellee, )
)
v.
)
)
BOYD DUNN, et al.,
)
)
Defendants/Appellants. )
__________________________________)

Arizona Supreme Court
No. CV-20-0124-AP/EL
Maricopa County
Superior Court
No. CV2020-004789
FILED 05/06/2020

O R D E R
Appellant Boyd Dunn filed a Notice of Appeal and Request for
Initial Telephonic Scheduling Conference in Expedited Election Matter
pursuant to Rule 10(g), Arizona Rules of Civil Appellate Procedure in
the Branch v. Dunn proceeding on May 1, 2020 (CV-20-0124-AP/EL) and
in

the

Gorsegner

v.

Dunn

proceeding

on

May

4,

2020

(CV-20-0126-

AP/EL).
Court staff conducted a scheduling conference call on May 6,
2020. At the scheduling conference, David Cantelme and Aaron Brown
advised that a stipulation for substitution of counsel for Appellant
is pending.

John “Jack” D. Wilenchik, was on the conference call.

Also appearing were Timothy LaSota, counsel for Robert Branch, and
Kory Langhofer and Thomas Basile, counsel for Eric Gorsegner.
Appearing for the counties were Brian J. Palmer, counsel for
Maricopa County defendants; Daniel Jurkowitz, counsel for Pima County
defendants; Allen H. Quist, counsel for Pinal County defendants; and
Kimberly J. Hunley, counsel for Santa Cruz County defendants. Supreme

 Arizona Supreme Court Case No. CV-20-0124-AP/EL and CV-20-0126-AP/EL
Page 2 of 4
Court Staff Attorney Lisa Banen conducted the conference.
The

Maricopa

County

Attorney

confirmed

the

earliest

ballot

printing deadline is May 15, 2020.
The parties advised that this matter was consolidated at trial,
and therefore did not believe that any consolidation order was needed
in this case. The April 24, 2020 minute entry consolidated the cases
“for

the

purposes

of litigation

and

conducting election

challenge

trials in this matter.” On the Court’s own motion and in the interest
of judicial economy and efficiency,
IT IS ORDERED consolidating case number CV-20-0124-AP/EL and CV20-0126-AP/EL

designating

CV-20-0124-AP/EL

as

the

primary

case

number.
As further discussed in the conference call,
IT IS FURTHER ORDERED Appellant will file the opening brief no
later than 5:00 p.m. on Friday May 8, 2020.
IT IS FURTHER ORDERED Appellee may file an answering brief no
later than 5:00 p.m. on Monday, May 11, 2020. Any other responses may
be filed no later than the time and date the answering brief is due.
IT IS FURTHER ORDERED Appellant may file a reply brief no later
than noon on Tuesday, May 12, 2020.
IT IS FURTHER ORDERED that the parties’ briefs will not exceed
5000 words. All briefs shall be in a legible 14-point font, doublespaced, with the briefs to include all arguments the parties wish to
present to the Court. The briefs may be in memorandum format. The

 Arizona Supreme Court Case No. CV-20-0124-AP/EL and CV-20-0126-AP/EL
Page 3 of 4
reply brief will be limited to 1500 words.
This matter will be decided without oral argument.
IT

IS

FURTHER

ORDERED

that

copies

of

all

filings

must

be

delivered as required under Rule 10(h) and emailed to the Supreme
Court staff attorney and the parties.
Justice Bolick has recused himself from participating in this
matter.
DATED this 6th day of May, 2020.
______/s/_____________________
ANDREW GOULD
Duty Justice

 Arizona Supreme Court Case No. CV-20-0124-AP/EL and CV-20-0126-AP/EL
Page 4 of 4
TO:
Timothy A LaSota
John D Wilenchik
N L Miller Jr
Dennis I Wilenchik
Kelly Gillilan-Gibson
Kara Karlson
Dustin D Romney
Michael B Whiting
Jason S Moore
Jefferson R Dalton
Jeremy O Ford
Ryan Henry Esplin
Kenneth A Angle
Larson Scott Bennett
Daniel S Jurkowitz
Allen Hatch Quist
Brian J Palmer
Thomas M Stoxen
Matthew Black
Britt W Hanson
Christine Roberts
Ryan Norton Dooley
William J Kerekes
George E Silva
Hon Roger E Brodman
Hon Jeff Fine
Aaron Nash
Alicia Moffatt