Jensen et al v. Thornell et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Shawn Jensen, et al.,
Plaintiffs,
v.
Ryan Thornell, et al.,
Defendants.
No. CV-12-00601-PHX-ROS
ORDER
Before the Court are two motions filed in regard to the pending Motion to Modify
Injunction § 6.4: a Stipulated Joint Motion to Modify Briefing Schedule (Doc. 5114) and
Plaintiffs’ Motion to Deny as Moot (Doc. 5130). For the following reasons, the Motion to
Deny as Moot will be denied and the Stipulated Joint Motion to Modify Briefing Schedule
will be granted.
Plaintiffs request the Court deny the Motion to Modify Injunction § 6.4 because the
recent Order granting a receivership (Doc. 5123) renders it moot. Plaintiffs argue the
motion is moot because “[o]nce the Receiver is appointed, that person will likely be
responsible for hiring and retaining healthcare staff in ADCRR” and “it is reasonable to
believe a Receiver will be able to implement § 6.4 without modification.” (Doc. 5130 at 1-
2). This argument is unpersuasive. “A claim is moot when the issues presented are no
longer live or the parties lack a legally cognizable interest in the outcome.” Alvarez v. Hill,
667 F.3d 1061, 1064 (9th Cir. 2012) (quoting U.S. Parole Comm'n v. Geraghty, 445 U.S.
388, 396 (1980)). The Permanent Injunction remains binding on Defendants: thus, the issue
Case 2:12-cv-00601-ROS Document 5154 Filed 03/19/26 Page 1 of 2

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is still “live”, and Defendants have a “legally cognizable interest in the outcome.” Id.
The parties have also sought to extend the briefing schedule for the Motion to
Modify Injunction § 6.4. To ensure proper briefing, Plaintiffs’ response will be due March
31, 2026. Defendants’ reply will be due April 7, 2026.
Accordingly,
IT IS ORDERED the Motion to Deny as Moot (Doc. 5130) is DENIED.
IT IS FURTHER ORDERED the Stipulated Joint Motion to Modify Briefing
Schedule (Doc. 5114) is GRANTED. Plaintiffs shall file their response to the Motion to
Modify Injunction § 6.4 no later than March 31, 2026. Defendants shall file their reply no
later than April 7, 2026.
Dated this 19th day of March, 2026.
Honorable Roslyn O. Silver
Senior United States District Judge
Case 2:12-cv-00601-ROS Document 5154 Filed 03/19/26 Page 2 of 2