Burk v. Arizona Democratic Party ( 2021 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Staci Burk, ) No. CV-21-00757-PHX-SPL ) 9 ) 10 Plaintiff, ) ORDER vs. ) ) 11 ) Arizona Democratic Party, et al., ) 12 ) 13 Defendants. ) ) 14 ) 15 The Court has received Plaintiff Staci Burk’s Complaint and Motion for 16 Emergency Injunctive Relief, Temporary Restraining Order, and Request for Emergency 17 Show Cause Hearing (with Notice). (Docs. 4, 5) 18 Plaintiff’s claims are based on alleged spoliation of evidence “subject to 19 proceeding currently pending before the United States Supreme Court.” (Doc. 4 at 2) 20 Plaintiff petitioned the Supreme Court for a writ of certiorari in matter No. 20-1243, Burk 21 v. Ducey, et al. on March 3, 2021. (Doc. 4 at 4) The United States Supreme Court denied 22 certiorari in a memorandum opinion on May 3, 2021. Burk v. Ducey, et al., No. 20-1243, 23 2021 WL 1725205 (U.S. May 3, 2021). The underlying case on which this matter is 24 based no longer exists. Therefore, Plaintiff’s claims are mooted. See Kearns v. Ford 25 Motor Co., 567 F.3d 1120, 1127 (9th Cir. 2009) (quoting United States v. Geophysical 26 Corp. of Alaska, 732 F.2d 693, 698 (9th Cir.1984)) (“A claim is moot if it has lost its 27 character as a present, live controversy.”). 28 Therefore, 1 IT IS ORDERED denying Plaintiff's Motion for Emergency Injunctive Relief, 2| Temporary Restraining Order, and Request for Emergency Show Cause Hearing (with Notice). (Doc. 5) 4 IT IS FURTHER ORDERED dismissing Plaintiff's Complaint (Doc. 4) as 5 | moot. 6 IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action 7 | accordingly. 8 Dated this 3rd day of May, 2021. 9 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28