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
The Court’s July 17, 2026 Order appointing Ms. Annette Chambers-Smith as
Receiver and defining the scope of her authority provided that the Order would become
“effective 21 days following the resolution of any Motion to Stay.” (Doc. 5307 at 14.)
Defendants sought a stay in the Ninth Circuit of the Court’s Order appointing a receiver
and outlining the scope of her responsibilities. The Ninth Circuit issued an Order denying
the requested stay. That Order included the following language: “The motion . . . to stay
the district Court’s July 17, 2026 order is denied . . . This denial is subject to reconsideration
by the panel assigned to decide the merits of these appeals.” Jensen v. Thornell, No. 26-
1746 (9th Cir. September 1, 2026).
The Court will direct the parties to address the meaning and finality of the denial of
the motion, and in particular the clarification that the denial is subject to reconsideration
by the merits panel. In particular, the July 17, 2026 Order expressly established the
effective date as 21 days after resolution of the Motion to Stay. Counsel are to consider
whether the ruling denying the stay means the Receiver’s duties and authorities are to begin
Case 2:12-cv-00601-ROS Document 5357 Filed 09/08/26 Page 1 of 2

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on September 22, 2026. Alternatively, is the ruling denying the stay not yet final because
it could or will be subject to review by the merits panel?
IT IS ORDERED the parties shall file simultaneous briefs on this issue no later
than Thursday, September 10, 2026, at 9:00 a.m. The parties shall file simultaneous
responses, if any, no later than Tuesday, September 15, 2026, at 9:00 a.m.
Dated this 4th day of September, 2026.
Honorable Roslyn O. Silver
Senior United States District Judge
Case 2:12-cv-00601-ROS Document 5357 Filed 09/08/26 Page 2 of 2