EXHIBIT 2 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 1 of 17
Exhibit A

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 2 of 17
1 Daniel J. O'Connor, Jr., Bar No. 010081 

Karen J. Stillwell, Bar No. 02271 1 

2 O'CONNOR & DYET, P.C. 

7955 South Priest Drive 

3 Tempe, Arizona 85284 

4 daniel.oconnor@occlaw.com 

karen.stillwell@occlaw.com 

5 (602) 241-7000 

6 Attorneys for Interested Parties, City of Phoenix, 

7 Antonio Tarango, Officer Oswald Grenier, 

Officer Kevin McGowan, Officer Jason Hobel, 

Officer Rona/do Canilao, Officer David Head, 8 

g Officer Susan Heimbigner, Officer James Clark, 

Officer Dennis Leroux, Officer Ryan Nielsen, 

10 and Officer Steven Wong 

11 

12 

13 

14 

Inre 

15 

16 

17 

18 

IN THE SUPERIOR COURT OF MARICOPA COUNTY 

FOR THE STATE OF ARIZONA 

, a minor child 

Case No.: 

PETITION FOR APPOINTMENT OF 

LEGAL REPRESENTATIVE FOR 

MINOR IN CONNECTION WITH 

ONGOING FEDERAL LAWSUIT 

PURSUANT TO A.R.S. § 14-1408(A) 

Interested parties, City of Phoenix, Antonio Tarango, Officer Oswald Grenier, 19 

20 

Officer Kevin McGowan, Officer Jason Hobel, Officer Ronaldo Canilao, Officer David 

21 Head, Officer Susan Heimbigner, Officer James Clark, Officer Dennis Leroux, Officer 

22 

Ryan Nielsen, and Sergeant Steven Wong (collectively "Phoenix Defendants"), hereby 

23 

Petition for Appointment of Legal Representative for Minor in connection with ongoing 

24 

Federal Lawsuit pursuant to A.RS. § 14-1408. Attached in support of this Petition is an 

25 Affidavit of Karen J. Stillwell, as Exhibit A. 

26 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 3 of 17
1 A.BACKGROUND 

2 On December 8, 2017, a wrongful death and Section 1983 lawsuit was filed by 

3 Mussalina Muhaymin, as Personal Representative for the Estate of Muhammad Abdul 

4 Muhaymin, Jr., acting on behalf of the statutory beneficiaries. See Muhaymin v. City of 

5 Phoenix) et al., 17-cv-04565-PHX-SMB, District Court of Arizona ("the federal lawsuit"). 

6 The federal lawsuit was fi led against the City of Phoenix, ten individual police officers, 

7 and a City of Phoenix employee. Muhammad Muhaymin, Jr. had two children at the time 

8 · of his death: an adult son and a minor daughter, ("A.M."). 

9 The only individuals who can claim damages (and try to recover) m the 

10 aforementioned federal lawsuit would be the statutory beneficiaries - the adult son and 

11 A.M. As the parties participated in discovery and depositions in the federal lawsuit, it was 

12 discovered that A.M. is involved in an ongoing Juvenile Dependency action in Maricopa 

13 County Superior Court, believed to be under case number JD27750. 1 It is undersigned 

14 counsel's understanding that A.M. has been placed with plaintiff, Mussalina Muhaymin 

15 (the Personal Representative) in a kinship placement; however, Ms. Muhaymin has no legal 

16 authority to act on behalf of or bind A.M. in the federal lawsuit. Similarly, it is undersigned 

17 counsel's understanding that A.M. 's mother doe.s not have legal authority to act on behalf 

18 of or bind A.M. in the federal lawsuit, in light of the ongoing Juvenile Dependency action. 

19 It remains unclear whether A.M. also has a legal representative appointed in the 

20 Juvenile Dependency action, who could represent her interests, and the authority to make 

21 decisions on her behalf, in the ongoing federal lawsuit. It is unknown whether there has 

22 been any notice to the parties involved in the Juvenile Dependency that this lawsuit has 

23 been filed, purportedly on A.M. 's behalf as a statutory beneficiary. 

24 

25 

26 1 Undersigned counsel does not have access to the pleadings or related information to 

JD27750, and it is believed that A.M. may be involved in more than one juvenile action. 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 4 of 17
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

During a recent private mediation in the federal lawsuit, it was apparent that A.M. 

did not have her own legal representative involved, who had the authority to negotiate 

and/or make settlement decisions on her behalf, as a statutory beneficiary. Finally, in light 

of the ongoing Juvenile Dependency action(s), it is unclear who can execute medical 

authorizations on her behalf in the course of discovery for the federal lawsuit.2 In recent 

conversations with plaintiffs counsel in the federal lawsuit, he was also unaware of a legal 

representative who could execute authorizations and act on A.M. 's behalf. 

B. APPOINTMENT OF A LEGAL REPRESENTATIVE IS NECESSARY 

TO ACT IN A.M.'S BEST INTERESTS AND TO BIND AND ACT ON 

HER BEHALF IN THE FEDERAL LAWSUIT. 

Arizona Revised Statutes §14-1408(A) provides that the Court may appoint a 

representative "to receive notice, give consent and otherwise represent, bind and act on 

12 behalf of a minor ... " where the Court determines an interest is not represented or the 

13 available representation is inadequate. In recent conversations with plaintiffs counsel in 

14 the federal lawsuit, he was unaware of any legal representative to act on A.M. 's behalf. On 

15 behalf of Defendants in the federal lawsuit, Muhaymin v. City of Phoenix, et al., pending 

16 in the Arizona District Court, Case No. 17-cv-04565-PHX-SMB, it is imperative that A.M. 

17 have a legal representative appointed to bind and act on her behalf, execute authorizations 

18 on her behalf, and make monetary or strategic decisions in connection with the federal 

19 lawsuit on her behalf. 

20 C. CONCLUSION 

21 Accordingly, undersigned counsel requests that the Court appoint a legal 

22 representative who can bind and act on behalf of the minor, A.M., ·in connection with 

23 

24 

25 

26 

2 In the federal lawsuit, Plaintiff has claimed that A.M. allegedly suffered mental health 

conditions as a result of her father's death, thereby subjecting A.M. 's medical records 

and juvenile dependency records to discovery. 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 5 of 17
1 Muhaymin v. City of Phoenix, et al., pending in the Arizona District Court, case no. 17-cv2 04565-PHX-SMB. 

3 RESPECTFULLY SUBMITTED this 2nd day of 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 Original of the foregoing filed this 

14 2nd day of March, 2020, with: 

15 Clerk of the Court 

Maricopa County Superior Court 

16 Central Court Building, 1st floor 

17 201 West Jefferson 

18 

19 

20 

21 

22 

23 

Phoenix, AZ 85003 

Courtesy copy of the foregoing 

sent by email March 2, 2020, to: 

David A. Chami 

PRICE LAW GROUP, APC 

8245 N. 85th Way 

Scottsdale, AZ 85258 

david@pricelawgroup.com 

24 Attorney for Plaintiffl\,fussalina Muhaymin, 

as Personal Representative of the Estate of 

25 Muhammad Abdul Muhaymin, Jr. 

26 

Attorneys for Interested Parties, 

City of Phoenix, Antonio Tarango, 

Officer Oswald Grenier, Officer 

Kevin McGowan, Officer Jason 

Hobel, Officer Ronaldo Canilao, 

Officer David Head, Officer Susan 

Heimbigner, Officer James Clark, 

Officer Dennis Leroux, Officer 

Ryan Nielsen, and Sgt. Steven Wong 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 6 of 17
1 Haytham Fa raj 

2 

Law Offices ofHaytham Faraj 

1935 W Belmont Ave. 

Chicago, IL 60657 

3 haytham@farajlaw.com 

4 Attorney for Plaintifff\.1ussalina Muhaymin, 

as Personal presentati~ df the Estate of 

5 Muham1 a Abdul Muh y in, Jr. 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

By: -4~_.=:....~~c__J~:!.....:.~,L.!,;''Y".!,....__, 

- 5 -

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 7 of 17
Exhibit A 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 8 of 17
1 Daniel J. O'Connor, Jr., Bar No. 010081 

2 

Karen .T. Stillwell, Bar No. 022711 

O'CONNOR & DYET, P.C. 

3 7955 South Priest Drive 

Tempe, Arizona 85284 

4 daniel.oconnor@occlaw.com 

5 karen.stillwell@occlaw.com 

(602) 241-7000 

6 

7 Attorneys for Interested Parties, City of Phoenix, 

Antonio Tarango, Officer Oswald Grenier, 

8 Officer Kevin McGowan, Officer Jason Hobel, 

Officer Ronaldo Canilao, Officer David Head, 

9 Officer Susan Heimbigner, Officer James Clark, 

10 Officer Dennis Leroux, Officer Ryan Nielsen, 

and Officer Steven Wong 

11 

12 

13 

14 

15 In .re 

16 

17 

18 

19 

A.M. 

IN THE SUPERIOR COURT OF MARICOPA COUNTY 

FOR THE STATE OF ARIZONA 

, a minor child 

Case No.: 

AFFIDAVIT OF KAREN J. 

STILLWELL IN SUPPORT OF 

PETITION FOR APPOINTMENT OF 

LEGAL REPRESENTATIVE FOR 

MINOR PURSUANT TO A.R.S. §14-

1408(A) IN CONNECTION WITH 

ONGOING FEDERAL LAWSUIT 

20 

21 

STATE OF ARIZONA ) 

22 County of Maricopa 

) ss. 

) 

23 

24 

1. Karen J. Stillwell being first duly sworn upon her oath, deposes and says: 

2. I am an attorney duly licensed to practice law in the State of Arizona; my 

25 State Bar Number is 022711. 

26 3. I am a partner at the law firm of O'Connor & Dyet, P.C. 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 9 of 17
1 

2 

4. 

5. 

I am over the age of 18 and am duly authorized to make this affidavit. 

I make this Affidavit in support of a petition for appointment of a legal 

3 representative pursuant to A.R.S. §14-1408 for minor 

4 with an ongoing federal lawsuit. 

A.M . , in connection 

5 6. This Affidavit is based upon my personal knowledge regarding the 

6 federal lawsuit and claims made in the federal lawsuit pertaining to the minor. 

7 7. On December 8, 2017, a wrongful death and Section 1983 lawsuit was 

8 filed by Mussalina Muhaymin, as Personal Representative for the Estate of Muhammad 

9 Abdul Muhaymin, Jr., acting on behalf of the statutory beneficiaries. See Muhaymin v. 

10 City of Phoenix, et al., 17-cv-04565-PHX-SMB, District Court of Arizona ("the federal 

11 lawsuit"). 

12 8. The federal lawsuit was filed against the City of Phoenix, ten individual 

13 police officers, and a City of Phoenix employee. Muhammad Muhaymin, Jr. had two 

14 children at the time of his death: an adult son and a minor daughter, A.M . 

15 ("A.M."). 

16 9. The only individuals who can claim damages (and try to recover) in the 

17 aforementioned federal lawsuit would be tl;le statutory beneficiaries - the adult son and 

18 A.M. 

19 10. As the parties participated in discovery and depositions in the federal 

20 lawsuit, it was discovered that A.M. is involved in an ongoing Juvenile Dependency 

21 action, believed to be under case number JD27750.

1 

22 11. It is undersigned counsel's understanding that A.M. has been placed with 

23 Mussalina Muhaymin (the Personal Representative) in a kinship placement; however, 

24 

25 

26 

1 Undersigned counsel does not have access to the pleadings or related information to 

JD27750, and it is believed that A.M. may be involved in more than one juvenile 

action. 

2 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 10 of 17
1 Ms. Muhaymin has no legal authority to act on behalf of or bind A.M. in the federal 

2 lawsuit. 

3 12. It remams unclear whether A.M. also has a legal representative 

4 appointed in the Juvenile Dependency action, who could represent her interests, and the 

5 authority to make decisions on her behalf, in the ongoing federal lawsuit. 

6 13. It is unknown whether there has been any notice to the parties involved 

7 in the Juvenile Dependency that this lawsuit has been filed, purportedly on A.M. 's behalf 

8 as a statutory beneficiary. 

9 14. During a recent private mediation in the federal lawsuit, it was apparent 

10 that A.M. did not have her own legal representative involved, who had the authority to 

11 negotiate and/or make settlement decisions on her behalf, as a statutory beneficiary. 

12 15. In light of the ongoing Juvenile Dependency action(s), it is unclear who 

13 can execute medical authorizations on her behalf in the course of discovery for the 

14 federal lawsuit. 2 

15 16. In recent conversations with plaintiffs counsel in the federal lawsuit, he 

16 was unaware of any legal representative to act on A.M. 's behalf. 

17 17. On behalf of the De(endants in the federal lawsuit, it is imperative that 

18 A.M. have a legal representative appointed to bind and act on her behalf, execute 

19 authorizations on A.M. 's behalf, and make monetary or strategic decisions in connection 

20 with the federal lawsuit on her behalf. 

21 18. It is also imperative for A.M. to have her own legal representative who 

22 can make decisions in her best interests and who can act and bind her in this lawsuit. 

23 

24 

25 

26 

2 In the federal lawsuit, Plaintiff has claimed that A.M. allegedly suffered mental health 

conditions as a result of her father's death, thereby subjecting A.M.' s medical records 

and juvenile dependency records to discovery. 

3 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 11 of 17
1 19. I have read the foregoing and believe the facts contained therein to be 

2 true and correct. 

3 

4 

5 

6 

7 

8 

9 

SUBSCRIBED AND SWORN TO BEFORE me this t;,,J day of March, 2020. 

10 My commission expires: 

11 

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25 

26 

TIFFANY Gill 

N(>TARY PUBLIC, ARIZONA 

MARICOPA COUNTY 

My Commlsllon E•plres 

January 21, 2022 

4 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 12 of 17
Exhibit B

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 13 of 17
1 Daniel J. O'Connor, Jr., Bar No. 010081 

2 Karen J. Stillwell, Bar No. 022711 

Jared M. Scarbrough, Bar No. 022011 

3 O'CONNOR & DYET, P.C. 

7955 South Priest Drive 

4 Tempe, Arizona 85284 

5 daniel.oconnor@occlaw.com 

karen.stillwell@occlaw.com 

6 jared.scarbrough@occlaw.com 

7 (602)241-7000 

8 Attorneys for Defendants 

9 

10 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

11 Mussalina Muhaymin as Personal 

Representative of the Estate of 

12 Muhammad Abdul Muhaymin Jr., 

13 

14 

15 

vs. 

Plaintiff, 

16 City of Phoenix, an Arizona Municipal 

Corporation; Antonio Tarango; Officer 

17 Oswald Grenier; Officer Kevin 

18 McGowan; Officer Jason Hobel; Officer 

Ronaldo Canilao; Officer David H ad; 

19 Officer Susan Heimbigner; Officer James 

20 Clark; Officer Dennis Leroux; Officer 

Ryan Nielson; Officer St ven Wong; and 

21 Doe Supervisors 1-5, 

22 

23 

Defendants. 

24 STATE OF ARIZONA 

25 County of Maricopa 

26 

) 

) ss. 

) 

Case No.: 17-cv-04565-PHX-SMB 

AFFIDAVIT OF KAREN J. 

STILLWELL IN SUPPORT OF 

DEFENDANTS' NOTICE OF 

PETITION TO APPOINT LEGAL 

REPRESENTATIVE ON BEHALF OF 

MINOR CHILD PURSUANT TO A.R.S. 

§ 14-1408(A) 

AND 

MOTION TO STAY PROCEEDINGS 

UNTIL LEGAL REPRESENTATIVE IS 

APPOINTED 

I. Karen J. Stillwell being first duly sworn upon her oath, deposes and says: 

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 14 of 17
1 2. I am an attorney duly licensed to practice law in the State of Arizona; my 

2 State Bar Number is 02271 1. 

3 

4 

5 

3. 

4. 

5. 

I am a partner at the law firm of O'Connor & Dyet, P.C. 

I am over the age of 18 and am duly authorized to make this affidavit. 

I make this Affidavit in support of Defendants' Notice of Petition to 

6 Appoint Legal Representative on behalf of Minor Child Pursuant to A.R S. § 14-1408 

7 and Motion to Stay Proceedings Until Legal Representative is Appointed. 

8 6. This Affidavit is based upon my personal knowledge regarding the 

9 claims made in this matter pertaining to the minor, A.M. 

10 7. This lawsuit was filed by Decedent's sister as personal representative of 

11 his Estate. Dkt. No. 16, 17. 

12 8. It is vaguely mentioned that she is acting as personal representative of 

13 his Estate, on behalf of the statutory beneficiaries. Dkt. No. 16, ~ 8. 

14 9. Decedent's Estate has two statutory beneficiaries - an adult son and a 

15 minor daughter, ("A.M"). 

16 10. Through the discovery process, undersigned counsel learned that A.M. 

17 has been in and out of foster care since she was a young child (believed to be as early as 

18 1.5 years old). 

19 11. Undersigned counsel also learned there is a Juvenile Dependency' action 

20 pendfog in the Maricopa County Superior Court, wherein A.M. is a ward of the State of 

21 Arizona. See Maricopa County Superior Court, JD JD27750 1• 

22 

23 

24 

25 

26 

12. A.M. has recently been living with plaintiff as a kinship placement. 

1 Undersigned counsel does not have access to the pleadings or related information to JD27750 

and it is believed A.M. may be involved in more than one juvenile action. 

- 2 -

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 15 of 17
1 13. Undersigned counsel recently discussed with plaintiffs counsel 

2 obtaining medical authorizations for A.M. to evaluate her alleged damages pertaining to 

3 this litigation2. 

4 14. Plaintiffs counsel agreed that plaintiff, Mussalina Muhaymin, does not 

5 have the legal authority to sign medical authorizations and neither does A.M. 'smother, in 

6 light of the ongoing Juvenile Dependency action. 

7 15 . Plaintiffs counsel was not aware of any legal r presentative who had the 

8 authority to act on behalf of A.M. 

9 16. During a recent private mediation, only plaintiff and her counsel were 

10 present. It did not appear that there was a separate legal representative acting on behalf 

11 of A.M., or makung decisions for A.M., in the course of settlement discussions. 

12 17. On March 2, 2020, pursuant to A.R.S. §14-1408(A), a Petition for 

13 Appointment of Legal Representative for A.M. was filed in the Maricopa County 

14 Superior Court. 

15 18. On behalf of Phoenix Defendants, it is imperative that a legal 

16 representative be appointed to act on A.M. 's behalf, to execute medical authorizations on 

17 her behalf, and to bind her on any decisions made in the course of this litigation. 

18 19. Since A.M. a minor child, and a ward of the State of Arizona, there are 

19 no family members who have legal authority to sign an authorization permitting the 

20 release of A.M. 's medical records or juvenile dependency records. 

21 20. Neither counsel for Plaintiff nor Defendants, can subpoena A.M. 's 

22 medical records without a properly executed authorization from a person with the legal 

23 authority to execute the authorization. Therefore, absent a legal representative or Court 

24 

25 

26 2 Plaintiff has claimed in this action, that A.M. sustained mental health conditions as a result of her 

father's death, thereby subjecting A.M. 's medical records and juvenile dependency records to 

discovery. 

- 3 -

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 16 of 17
1 Order, the parties are unable to obtain relevant documents to evaluate A.M.' s claims in 

2 this matter. 

3 21 . I have read the foregoing and believe the facts contained therein to be 

4 true and correct. 

5 

6 

7 

8 

9 

SUBSCRIBED AND SWORN TO BEFORE me this~ ay of March, 2020. 

10 

11 

12 My commission expires: 

13 

14 

15 

16 

17 

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19 

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21 

22 

23 

24 

25 

26 

TIFFANY GILL 

NOTARV PUBLIC, AIIIZONA 

MA9'1COPA COUNTY 

My Commlsstc,n Expires 

January 21, 202~ 

-4-

Case 2:17-cv-04565-DLR Document 381-2 Filed 11/30/21 Page 17 of 17