Burk v. Arizona Democratic Party

Opinion

WO

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

United States District Judge