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Edward F. Novak (#006092) 

enovak@polsinelli.com 

Melissa Ho (#023269) 

mho@polsinelli.com 

Jonathan G. Brinson (#025045) 

jbrinson@polsinelli.com 

POLSINELLI PC 

CityScape 

One East Washington Street, Suite 1200 

Phoenix, AZ 85004 

Phone: (602) 650-2000 │ Fax: (602) 264-7033 

Attorneys for Defendants State of Arizona, Silbert,

Kalkowski, Milstead, Hunter, Heape, Pinnow, and Falcone 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Leslie A Merritt, Jr., a single man, 

Plaintiff, 

vs. 

State of Arizona, a body politic; Bill 

Montgomery, the elected Maricopa 

County Attorney, in his official and 

individual capacities; Maricopa County, 

a body politic; Heston Silbert, in his 

individual capacity; Christopher 

Kalkowski, in his individual capacity; 

Frank Milstead, in his individual 

capacity; Ken Hunter, in his individual 

capacity; Kelly M. Heape, in his 

individual capacity; Jennifer Pinnow, in 

her individual capacity, Anthony 

Falcone, in his individual capacity. 

Defendants. 

Case No. CV17-4540-PHX-DGC 

DEFENDANT STATE OF ARIZONA’S 

NOTICE OF CORRECTION ON 

STATEMENTS REGARDING ONGOING 

INVESTIGATION MADE DURING 8/14/18 

DISCOVERY CONFERENCE 

 

Case 2:17-cv-04540-DGC Document 151 Filed 08/14/18 Page 1 of 3
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 Defendant State of Arizona hereby provides notice of correction regarding 

statements made during the Discovery Conference held on August 14, 2018 at 2:00 p.m. 

When asked by the Court whether there was an ongoing investigation, undersigned counsel 

stated that he was not prepared to answer that question (as he had not personally been 

involved in any communications with his client on that topic), but that he did not think so. 

The adage that one should never speculate has once again proven true, as counsel has now 

confirmed that the investigation is indeed ongoing and that the State of Arizona 

affirmatively takes that position. Counsel apologizes for any confusion caused by the 

uninformed misstatement.

RESPECTFULLY SUBMITTED this 14th day of August, 2018. 

POLSINELLI PC 

By: /s/ Jonathan G. Brinson 

Edward F. Novak 

Melissa Ho 

Jonathan G. Brinson 

One E. Washington Street, Suite 1200 

Phoenix, AZ 85004 

Attorneys for Defendants State of Arizona, 

Silbert, Kalkowski, Milstead, Hunter, 

Heape, Pinnow and Falcone 

Case 2:17-cv-04540-DGC Document 151 Filed 08/14/18 Page 2 of 3
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CERTIFICATE OF SERVICE 

I hereby certify that on this 14th day of August 2018, I electronically transmitted the this 

Notice to the Clerk’s Office using the CM/ECF system for filing and transmittal of a 

Notice of Electronic Filing to the following CM/ECF registrants: 

Clerk of the Court 

United States District Court, District of Arizona 

Sandra Day O’Connor Courthouse 

401 W. Washington Street 

Phoenix, AZ 85003 

Jason D. Lamm 

Law Office of Jason Lamm 

6245 North 24th Parkway, Suite 208 

Phoenix, AZ 85016-2030 

jlamm@cyberlawaz.com

David J. Don 

Law Office of David J. Don, PLLC 

301 E. Bethany Home Road, Suite B-100 

Phoenix, AZ 85012 

david@azcivilrights.com

Attorneys for Plaintiff Leslie Merritt, Jr. 

Michele M. Iafrate 

Iafrate & Associates 

649 North Second Avenue 

Phoenix, AZ 85003 

miafrate@iafratelaw.com 

Attorneys for Defendants, Maricopa County and William Montgomery 

 By: /s/ Dawn Coppens 

Case 2:17-cv-04540-DGC Document 151 Filed 08/14/18 Page 3 of 3