EXHIBIT 5

Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 1 of 11
EXHIBIT A

Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 2 of 11
1 Daniel J. O'Connor, Jr., Bar No. 010081 

Karen J. Stillwell, Bar No. 022711 

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 

7 David A. Chami 

PRICE LAW GROUP, APC 

8 8245 N. 85th Way 

g Scottsdale, AZ 85258 

david@pricelawgroup.com 

10 Attorney for Plaintiff Mussalina Muhaymin, 

11 as Personal Representative of the Estate of 

Muhammad Abdul Muhaymin, Jr. 

12 

Brian J. Theut 

13 THEUT, THEUT & THEUT 

14 5150 North 16th Street 

Phoenix, AZ 85016 

A.M . 

15 brian@theutlaw.com 

16 Guardian Ad Litem for 

in Juvenile Dependency JD27750 

C.,O PY 

Original Flied On: , ·, 

SEP 2 9 2020 

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ARIZONA SUPERIOR COURT 

MARI COP A COUNTY 

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In the Matter of: 

A.M. 

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Case No.: JD27750 

STIPULATED MOTION FOR 

PRODUCTION OF CERTAIN COURT 

RECORDS PURSUANT TO 

A.R.S. § 8-807 (K) 

EXPEDITED RULING REQUESTED 

(Assigned to the 

Honorable Lori Bustamante) 

Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 3 of 11
1 Interested Parties, City of Phoenix, Antonio Tarango, Officer Oswald Grenier, 

2 Officer Kevin McGowan, Officer Jason Hobel, Officer Ronalda Canilao, Officer David 

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

4 Ryan Nielsen, and Officer Steven Wong (hereinafter "Interested Parties"), David Chami, 

5 as counsel for Mussalina Muhaymin, Personal Representative of Muhammad Abdul 

6 Muhaymin, Jr.'s estate, and Brian J. Theut, as Guardian ad Litem for A.M . 

7 in JD27750, by and through undersigned counsel, hereby stipulate and move this Court for 

8 production of limited court records pursuant to A.RS. §8-807(K). This Motion is supported 

9 by the following Memorandum of Points and Authorities. 

10 MEMORANDUM OF POINTS AND AUTHORITIES 

11 I. BACKGROUND 

12 ("Pm ") is the daughter of Muslimah Shaheed ("Mother") 

13 and Muhammad Abdul Muhaymin, Jr. ("Father"). On January 4, 2017, Father died. 

14 1+11• is currently 14 years old, is a ward of the State of Arizona, and is currently living 

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with Mussalina Muhaymin as ldnship placement. It is counsel's understanding that Nm■ 

has a long history with Department of Child Services and there may have been one or more 

Juvenile Dependency action(s) related to P4119 including but not limited to, JD27750. 

II. PROBATE ESTATE 

Mussalina Muhaymin (1411P~ Aunt) has been appointed as the Personal 

Representative ofl+!IW~ Father's Probate Estate. The only beneficiaries of the Probate 

Estate are Muhammad Muhaymin, Jr. 's two children: 

( 1) Muhammad Muhaymin, III, who is an adult; and 

(2) A.M . , who is a minor child and a ward of the State of Arizona. 

Mussalina Muhaymin, in her capacity as the Personal Representative of the Probate 

Estate, filed a wrongful death and Section 1983 lawsuit against Interested Parties, which is 

currently pending in the District Court of Arizona, Case No. l 7-cv-04565-PHX-SMB, 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 4 of 11
1 styled Muhaymin v. City of Phoenix, et al. ("Federal Lawsuit"). The damages alleged in 

2 the Federal Lawsuit encompasses the purported losses experienced and claims by the 

3 children following their Father's death. 

4 III. IBVENILE DEPENDENCY ACTION 

5 It is unknown to the parties when the Juvenile Dependency action involving 14111 

6 was initially opened or if there is/was more than on Juvenile action involvinp F11■ 

7 Upon information and belief, the Juvenile Dependency action was, at a minimum, initiated 

8 prior to 2014, as documents from Arizona Department of Corrections indicate lfllP8 

9 Father was notified of hearings pertaining t0 lflll, while he was incarcerated in 2014 

10 and 2015. 

11 On or about May 22, 2017, attorney Brian J. Theut was appointed as the Guardian 

12 Ad Litem for W+lffi n this Juvenile Dependency action. Mr. Theut has also been 

13 appointed to represent l+IIPs interests in the Probate Estate for her Father, and was 

14 recently appointed to represent lfllP s interest in the Federal Lawsuit. 

15 IV. CLAIMS ON BEHALF OF BIIIIIJN FEDERAL LAWSUIT 

16 It is unlmown whether her Father had any legal rights to MIi prior to bis death, 

17 or whether guardianship, visitation, child supp01t, and/or services were ordered by the 

18 Court, or whether her Father's legal rights were terminated. In light of testimony provided 

19 by F119n connection with the Federal Lawsuit, claims and alleged damages of_, 

20 the status offf!IP ~ Father's legal rights have been placed at issue in the Federal Lawsuit. 

21 In order to fully understand and evaluate: 1411' s claims and alleged damages, the parties 

22 to the Federal Lawsuit are in need of complete and unredacted certified copies of Court 

23 documents pertaining to her Father's legal rights to 1411 prior to his death on January 

24 4, 2017. Specifically, any Court Order addressing his legal rights, whether modifying his 

25 legal rights, or terminating/severing his legal rights prior to 2017. 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 5 of 11
1 Since 14111 is a minor child, and is under the protective custody of the State of 

2 Arizona, there are no family members who have legal authority to access this information, 

3 nor does any family member, or even the appointed Guardian Ad Litem, have the ability 

4 to obtain and produce the Court records. Given l+!ffiWs status as a ward of the State of 

5 Arizona, there is a heightened responsibility to maintain a high level of confidentiality 

6 concerning Nffi s Court records. Therefore, absent a Court Order, the parties are unable 

7 to obtain these relevant documents to evaluate lilffiWs claims in the Federal Lawsuit. 

8 v. LEGAL ARGUMENT 

9 Pursuant to Arizona Revised Statutes § 8-541 "all files, records, reports and other 

10 papers compiled in accord with this article, whether filed in or in possession of the court, 

11 a child placement agency or other agency or association, are subject to disclosure pursuant 

12 to§§ 8-807 ... '' 

13 With respect to the release of MffiWs records, Arizona Revised Statutes § 8-

14 807(K) provides "the department or a person who is not specifically authorized by this 

15 section to obtain DCS information may petition a judge of the superior court to order tlte 

16 department to release DCS information. The plaintiff shall provide notice to the county 

17 attorney and to the attorney and guardian ad litem for the child, who have standing and 

18 may participate in the action. Tile court shall review the requested records in camera and 

19 shall balance the rights of the parties who are entitled to confidentiality pursuant to this 

20 section against the rights of the parties who are seeking the release of the DCS 

21 information. The court may release otherwise confidential DCS information only iftlie 

22 rights of the pa1·ties seeking DCS information and any benefits from releasing the DCS 

23 information outweigh the rig/its of the parties who are entitled to confidentiality and any 

24 harm that may result from releasing the DCS information. The court shall take reasonable 

25 steps to prevent any clearly unwananted invasions of privacy and protect the privacy and 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 6 of 11
1 dignity of victims of crime pursuant to a1ticle II, section 2.1, subsection C, Constitution of 

2 Arizona." Emphasis added. 

3 VI. CONCLUSION 

4 The parties stipulate and agree to the Court producing limited Court records, 

5 pursuant to A.R.S. §8-807 (K), as they relate to Father's legal parental rights for purposes 

6 of the pending Federal Lawsuit. The parties further agree that any and all records produced 

7 by the Court pertaining to Mffil, are highly sensitive and will be deemed Confidential 

8 under the protective order in the Federal Lawsuit. 

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DATED: September 29, 2020. 

PRICE LAW GROUP, APC 

By: _ ____________ _ 

David A. Chami 

Attorneys for Personal 

Representative of the Estate of 

Muhammad A. Muhaymin, Jr. 

THEUT, THEUT & THEUT 

By: _ _ ___________ _ 

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Brian J. Theut 

w LitemforMffil 

Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 7 of 11
1 dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of 

2 Arizona." Emphasis added. 

3 VI. CONCLUSION 

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The pat1ies stipulate and agree to the Cou11 producing limited Cornt records, 

pursuant to A.R.S. §8-807 (K), as they relate to Father's legal parental rights for purposes 

of the pending Federal Lawsuit. The parties further agree that any and all records produced 

by the Comt pertaining to - • are highly sensitive and will be deemed Confidential 

under the protective order in the Federal Lawsuit. 

DATED: _ _ __ _ 

O'CONNOR & DYET, P.C. 

By: _____________ _ 

Daniel J. O'Connor, Jr. 

Karen J. Stillwell 

Attorneys for Interested Parties 

PRICE LAW GROUP, APC 

By:.

·----~--~---- /;} ,.., ~~ .. _ \b-- .. ~aVta~i 

Attorneys for Personal 

Representative of the Estate of 

Multammctd A. Muhaymin, Jr. 

THEUT, THEUT & THEUT 

By: _____________ _ 

Brian J. Theut 

Guardian ad Litemfor l+lm■ 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 8 of 11
1 dignity of victims of crime pursuant to article II, section 2.1, subsection C, Constitution of 

2 Arizona.,, Emphasis added. 

3 VI. CONCLUSION 

4 The parties stipulate and agree to the Court producing limited Court records, 

5 pursuant to A.R.S. §8-807 (K), as they relate to Father's legal parental rights for purposes 

6 of the pending Federal Lawsuit. The parties further agree that any and all records produced 

7 by the Court pertaining to _, are highly sensitive and will be deemed Confidential 

8 under the protective order in the Federal Lawsuit. 

9 DATED: 

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O'CONNOR & DYET, P.C. 

By:. ____________ _ 

Daniel J. O'Connor, Jr. 

Karen J. Stillwell 

Attorneys for Interested Parties 

PRICE LAW GROUP, APC 

By:. ____________ _ 

David A. Chami 

Attorneys for Personal 

Representative of the Estate of 

Muhammad A. Muhaymln, Jr. 

THEUT, THEUT & THEUT 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 9 of 11
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ORIGINAL of the foregoing 

filed with the Court this 29th day 

of September, 2020, and copy 

hand-delivered to: 

4 The Honorable Lori Bustamante 

Maricopa County Superior Court 

5 3131 W. Durango Street 

6 Phoenix, AZ 85009 

7 COPIES of the foregoing emailed this same day to: 

8 Anndrea S. Kawamura 

g Ameer Maheri 

Angela Railsback 

10 ARlZONA ATTORNEY GENERAL'S OFFICE 

11 Protective Services Section 

2005 N. Central Avenue 

12 Phoenix, AZ 85004 

Anndrea.kawamura@azag.gov 13 Ameer.maheri@azag.gov 

14 Angela.Railsback@azag.gov 

15 Leslie Klass 

16 OFFICE OF THE LEGAL ADVOCATE 

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222 N. Central Ave., Suite 154 

Phoenix, AZ 85004 

18 Leslie.Klass@Maricopa.gov 

Guardian Ad Litem for 

19 inJD27750 

A.M. 

20 COPIES of the foregoing mailed this same day to: 

21 Joshua Fulkerson 

22 Arizona Department of Child Safety 

4000 N. Central Ave., Suite 400 

23 Phoenix, AZ 85012 

Caseworker for 24 A.M . 

25 Thomas Vierling 

26 VIERLING LAW OFFICE 

4340 E. Indian School Road, Suite 21-502 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 10 of 11
1 Phoenix, AZ 85018 

Attorney for A.M . 

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Amie Clarke 

3 Arizona Law Practice, LLC 

4 2432 W. Peoria Avenue, Suite 1340 

Phoenix, AZ 85029-4741 

5 Attorney for Muslimah Shaheed 

; By: 1~ cff~~ 

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Case 2:17-cv-04565-DLR Document 381-5 Filed 11/30/21 Page 11 of 11