UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

American Muslims for Palestine and Dr. 

Hatem Bazian, 

 Plaintiffs, 

vs. 

Arizona Board of Regents for and on behalf 

of Arizona State University; and Mark 

Brnovich, in his official capacity as 

Attorney General Of Arizona, 

 Defendants..

Case No: 2:18-cv-00670-JJT 

 

DECLARATION OF DREW C. ENSIGN 

I, Drew C. Ensign, declare as follows: 

1. I am an attorney licensed to practice law in Arizona and the District of 

Columbia. I am a Senior Litigation Counsel with the Office of the Attorney General Of 

Arizona, and represent Defendant Mark Brnovich in his official capacity as Attorney 

General of Arizona in this matter. 

2. The Office of the Attorney General has not filed any civil or criminal action 

in any court to enforce A.R.S. § 35-393.01(A) (the “Act”). 

3. I am not aware of any instance in which the Office of the Attorney General 

has threatened to file an enforcement action related to the Act. 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 1 of 16
2 

4. Attached hereto as Exhibit A is the roll call vote in the Arizona House of 

Representatives for the Act. 

5. Attached hereto as Exhibit B is the roll call vote in the Arizona Senate for 

the Act. 

6. Attached hereto as Exhibit C are excerpts of the transcript from the Rule 

30(b)(6) deposition of Plaintiff Mikkel (Mik) Jordahl, P.C. in Jordahl v. Brnovich (No. 

17-cv-08263-PCT-DJH), which was conducted on January 8, 2018. 

 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 2 of 16
3 

I declare under penalty of perjury that the foregoing is true and correct, to the best of my 

knowledge, and that this declaration was issued on April 10, 2018, in Phoenix, Arizona. 

s/ Drew C. Ensign 

Drew C. Ensign 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 3 of 16
Exhibit A 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 4 of 16
 	

	





 !" 

#$%&'	()*+,	-'+.)*/	0	#12345

6789:8;69< =+&&'. >2043020?0?

@ABCDE	FGBH @ABCDE IDBH

@JKLMNLO P @NNLQ	R P

@NSTUQ P

@QFM@FL V W@MTUQ P

WLQ@NNO VX WUNFYQZ V

WUMMLNNY P WU[LMS P

WUOLM P

WMU\]O	^JZLL P J@^\WLNN P J@MFLQ@S P J@MTLM VX JN@MK V

JUWW P JUNL^@Q P LS\YQU_@ P `@QQ P `@MQS[UMT]	L P `LMQ@QFL_ V `YQJ]L^ P `MYLSL V Z@W@NFaQ V ZUQ_@NLS V ZM@O P ]@NL V KLMQ P KU\LJ V N@MKYQ PN@[MLQJL P NL@J] P NYIYQZSTUQ P NUI@S P ^@J] V ^JJbQL	F@IYS P ^LQFL_ V ^LSQ@MF P ^LOLM P ^YTJ]LNN P ^UQTLQLZMU P QUMZ@@MF P UNSUQ P UTUQFU P \LTLMSLQ P\Nb^NLL V \M@TT P MYUS V MYILMU P MUWSUQ P S@NF@TL V S]U\L P STLILQS P T]UM\L P TU[QSLQF P bZLQTYcMYT@ P ILN@SdbL_ V [LQYQZLM P []LLNLM V ZU[@Q P

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 5 of 16
Exhibit B 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 6 of 16
 	

	





 !" 

#$%&'$	()*+,	-$&,*%.	/	012345

678968:69; <&==$, 2>/3/4/?/? @A$%,$,	

BCDEFG	HIDJ BCDEFG KFDJ

BLLMN	O P

QBRST P

QMUBV P

QRBHLMV W

QXRUMO P

YBZMRT	QMH[TRH W YTNSRMRBO W HBLMOOBNHRT W

H\BL P HTNB]XM P HR\UUO P [BRLMV W^ [BRNO_TRS]	H P UR\[[\N P ]TQQO W `BKBNBU] PLMO`T P aYUX\RM P aMbB P a\RBNHB P cBNYRBb\ P c\MRYM P dXMbBHB WO]MR_TTH P O]TTSMR P Oa\S] P _TROLMV P VBRQRTXU] P VMM P Q\UUO P

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 7 of 16
Exhibit C 

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 8 of 16
Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

30(b)(6) of Mikkel (Mik) Jordahl, PC - January 8, 2018

Mikkel Jordahl

 UNITED STATES DISTRICT COURT

 DISTRICT OF ARIZONA

 )

 Mikkel Jordahl; Mikkel (Mik) )

 Jordahl, P.C., )

 )

 Plaintiffs, )

 )

 vs. ) Case No.:

 ) 3:17-cv-08263-PCT-DJH

 Mark Brnovich, Arizona )

 Attorney General; Jim )

 Driscoll, Coconino County )

 Sheriff; Matt Ryan, Coconino )

 County Board of Supervisors )

 Chair; Lena Fowler, Coconino )

 County Board of Supervisors )

 Vice Chair; Elizabeth )

 Archuleta, Coconino County )

 Board of Supervisors Member; )

 Art Babbott, Coconino County )

 Board of Supervisors Member; )

 Jim Parks, Coconino County )

 Board of Supervisors Member; )

 Sarah Benatar, Coconino )

 County Treasurer, all in )

 their official capacities, )

 )

 Defendants. )

 _______________________________)

 30(b)(6) DEPOSITION OF MIKKEL (MIK) JORDAHL, P.C.,

 BY MIKKEL JORDAHL

 Phoenix, Arizona

 January 8, 2018

 Prepared by:

 Gerard T. Coash, RPR, RMR

 Certified Reporter

 Certification No. 50503

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 9 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

Page 2

 1 I N D E X

 2 WITNESS PAGE

 3 MIKKEL (MIK) JORDAHL

 4 Examination by Mr. Ensign 5

 5 Examination by Ms. Brody 157

 6 Further Examination by Mr. Ensign 176

 7

 8

 9 EXHIBITS MARKED 10 EXHIBITS DESCRIPTION PAGE 11 Exhibit 1 Defendant Brnovich's Amended Notice 7 12 of Deposition Pursuant to Fed. R.

 Civ. P. 30(b)(6)

13 Exhibit 2 Declaration of Mikkel Jordahl 61 14 CV17-08263

15 Exhibit 3 Complaint for Declaratory and 119

 Injunctive Relief 16

 Exhibit 4 Email string ending from Matthew 163 17 Figueroa to Mikkel Jordahl dated

 12-8-17

18

19

20

21

22

23

24

25

Page 3

 1 30(b)(6) DEPOSITION OF MIKKEL (MIK) JORDAHL, P.C.,

 2 BY MIKKEL JORDAHL

 3 was taken on January 8, 2018, commencing at 9:06 a.m., at

 4 the Offices of the Arizona Attorney General, 2005 North

 5 Central Avenue, Phoenix, Arizona, before Gerard T. Coash,

 6 a Certified Reporter in the State of Arizona.

 7

 8

 9 * * *

10 APPEARANCES:

11 For the Plaintiffs:

 ACLU FOUNDATION OF ARIZONA 12 By: Kathleen E. Brody, Esq.

 3707 North 7th Street

13 Suite 235

 Phoenix, Arizona 85014

14 602-650-1854

 kbrody@acluaz.org 15

 and

16

 ACLU FOUNDATION, SPEECH, PRIVACY & TECHNOLOGY

17 PROJECT

 By: Brian Hauss, Esq. (Telephonic) 18 Vera Eidelman, Esq. (Telephonic)

 125 Broad Street

19 18th Floor

 New York, New York 10004

20 212-549-2500

 bhauss@aclu.org 21 veidelman@aclu.org

22

23

24

25

Page 4

 1 For the Defendant Mark Brnovich in his official

 capacity as Attorney General: 2 OFFICE OF THE ARIZONA ATTORNEY GENERAL

 By: Drew C. Ensign, Esq. 3 Oramel H. (O.H.) Skinner, Esq.

 Brunn (Beau) W. Roysden III, Esq. 4 2005 North Central Avenue

 Phoenix, Arizona 85004

 5 602-542-5200

 drew.ensign@azag.gov 6 o.h.skinner@azag.gov

 beau.roysden@azag.gov 7

 Also present: Jacob Richards 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

09:06:33-09:07:13 Page 5

 1 (Mr. Roysden is not yet present.)

 2

 3 MIKKEL (MIK) JORDAHL,

 4 the witness herein, having been first duly sworn by the

 5 Certified Reporter, was examined and testified as follows:

 6

 7 EXAMINATION

 8 BY MR. ENSIGN: 

 9 Q. Could you please state and spell your full name

10 for the record?

11 A. Yeah, my full name is Mikkel Steen Jordahl,

12 Mikkel is spelled M-i-k-k-e-l, middle name Steen,

13 S-t-e-e-n, last name Jordahl, J-o-r-d-a-h-l. I go by Mik,

14 M-i-k.

15 Q. Have you ever been deposed in a civil case

16 before?

17 A. I believe I was deposed on one occasion many

18 years ago.

19 Q. Okay. And what kind of case was that?

20 A. It was a civil rights case in which I was a

21 witness as a law student. It was against the Tucson

22 Police Department.

23 Q. Okay.

24 A. And it was regarding their treatment of homeless

25 people.

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(1) Pages 2 - 5

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 10 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

09:07:20-09:08:03 Page 6

 1 Q. Okay. And you are a licensed lawyer, correct?

 2 A. Yes.

 3 Q. And you're familiar with the standard ground

 4 rules for depositions. Is that correct?

 5 A. I should be, and I think I am.

 6 Q. Excellent.

 7 One ground rule I'd like to emphasize is

 8 that if you don't understand a question, please ask me to

 9 clarify. If you answer a question, I'll assume that you

10 understood it. Is that okay?

11 A. Sure.

12 Q. Okay. Also, you can take a break whenever you'd

13 like. But if a question is pending, I'd like you to

14 finish answering that, and then we can take a break after

15 that, if that works.

16 A. Okay.

17 Q. Is there any reason that you can't give your best

18 testimony today?

19 A. I don't believe so.

20 Q. Are there any medication, other substances you're

21 under?

22 A. Just caffeine.

23 Q. Fair enough. And you are a plaintiff in the

24 litigation in the United States District Court titled

25 Jordahl, et al. v. Brnovich, et al., captioned 17-cv-8263?

09:08:24-09:09:33 Page 7

 1 A. Yes, both in an individual capacity and as my law

 2 firm's.

 3 Q. Great. And so as you just said, your company,

 4 the PC, is a plaintiff in this litigation as well?

 5 A. Yes.

 6 Q. And I can refer to that as your PC going forward,

 7 if that works?

 8 A. Sure.

 9 Q. You understand that your deposition relates to

10 this case, correct?

11 A. Yes.

12 Q. I'm handing you what I'd like to have marked as

13 Exhibit 1.

14 (Deposition Exhibit 1 was marked for

15 identification.)

16 BY MR. ENSIGN: 

17 Q. Do you recognize this document?

18 A. Yes.

19 Q. What is it?

20 A. It's the Defendant Brnovich's Amended Notice of

21 Deposition Pursuant to the Federal Rule of a Civil

22 Procedure 30(b)(6).

23 Q. And that -- this document is why you're here

24 today, correct?

25 A. Yes.

09:09:41-09:10:39 Page 8

 1 Q. You are the CEO and sole director of your PC. Is

 2 that correct?

 3 A. Yes.

 4 Q. Because you're the CEO and sole officer and

 5 director, is it fair to say that the PC -- the PC

 6 possesses all knowledge that you do?

 7 A. Yes.

 8 Q. Throughout the rest of this deposition, when I

 9 refer to "you," that will mean your PC, unless I indicate

10 otherwise or context makes clear that it's you in your

11 personal capacity.

12 A. Okay.

13 Q. If you're ever unclear about that, please ask me

14 to clarify.

15 A. Sure.

16 Q. What did you do to prepare for this deposition

17 today?

18 A. I reviewed everything that I have filed. I have

19 met with my attorneys. And I have reviewed background

20 information on boycott and whatnot that's readily

21 available online.

22 Q. Is there anything else you did to prepare today?

23 A. I don't think so.

24 Q. Okay. About how long did you spend preparing?

25 A. Probably two, three hours.

09:11:03-09:12:08 Page 9

 1 Q. So could you take a look at the topic 1a on the

 2 exhibit?

 3 A. Sure.

 4 Q. And how long -- what did you do to prepare to

 5 address topic 1a?

 6 A. I didn't so much focus on my organizational

 7 structure. I mean, I recall all that information.

 8 Q. Okay. And about how long did you spend preparing

 9 for that?

10 A. I don't think I prepared at all in terms of

11 that subsection "a."

12 Q. In terms of topic 1b, what did you do to prepare

13 for that one?

14 A. I believe I reviewed the addendum that I was

15 asked to sign again, and that took just a matter of a few

16 minutes.

17 Q. Okay. Is there anything else that you recall

18 doing to prepare for that topic?

19 A. Let me look here.

20 I don't think so.

21 Q. Okay. So how about topic 1c? So what did you do

22 to prepare for that one?

23 A. Nothing. I have no business dealing with folks

24 under that category.

25 Q. Okay. And in terms of topic 1d, what did you do

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(2) Pages 6 - 9

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 11 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

09:12:27-09:13:45 Page 10

 1 to prepare for that topic?

 2 A. Well, I did review the companies that I'm in

 3 favor of boycotting and their activities, which would

 4 include companies like Hewlett-Packard, Caterpillar,

 5 Airbnb, companies like that that are on the boycott list

 6 and the reasons why -- why they should be boycotted in my

 7 opinion. And I probably spent an hour on that.

 8 Q. And what documents did you review to prepare for

 9 that?

10 A. Well, I reviewed -- let's see, the EL- --

11 Evangelical Lutheran Church of America's position on Peace

12 Not Walls and various other literature that the Lutherans

13 have produced. Also, I reviewed Jewish Voice for Peace,

14 of which I'm a member, and looked at the boycott

15 divestment sanctions issues that they're promoting. And

16 I've also looked at other sources. I looked at -- this

17 morning I reviewed Haaretz, an Israeli left-leaning

18 newspaper. I have looked at other sources, one was

19 Mondoweiss, which is an electronic website that

20 specializes in that area. I think I have reviewed -- what

21 is it? There's a group called Electronic Intifada, which

22 I've looked at.

23 Q. Are there any other groups -- documents that you

24 reviewed?

25 A. I have looked at -- there is an Arizona Palestine

09:14:13-09:15:15 Page 11

 1 solidarity network. I know the folks that are involved

 2 there in Tucson; I've reviewed their website. I've

 3 reviewed some literature on BDS. I've certainly looked at

 4 the ACLU website and their involvement in opposing the

 5 anti-Israel boycott act, which would imprison people for

 6 participating in boycotts. So . . .

 7 Q. Okay. And can you think of any other materials

 8 you think you've reviewed?

 9 A. There are many other sources. I can't think

10 of -- you know, I couldn't list them all, but just

11 mainstream press, New York Times. I read every day and

12 certainly areas there.

13 Q. Are there any particular documents that you, you

14 know, view as particularly useful in determining what

15 companies you boycott?

16 A. I'm not sure I could mention any particular

17 document.

18 Q. Then turning to topic 1e, what did you do to

19 prepare for -- to discuss that topic?

20 A. Well, I reviewed the allegations in the

21 complaint. I reviewed my statement of facts -- or

22 whatever that was called, my affidavit, and I prepared

23 with my attorneys.

24 Q. Okay. And about how long did that -- did you

25 prepare for that?

09:15:39-09:17:04 Page 12

 1 A. I'd say probably at least two hours.

 2 Q. Okay. And does that kind of capture topic 1f as

 3 well?

 4 A. Yes.

 5 Q. Have you talked about this deposition with

 6 anyone?

 7 A. I've mentioned to my wife that -- I mean, that's

 8 why we're here. So . . .

 9 Q. Yeah.

10 A. And I have mentioned to my attorneys --

11 obviously, they know that. I have mentioned to folks at

12 Jewish Voice for Peace and some of my Tucson connections

13 in the area, yes.

14 Q. Okay. And sorry, who -- who would that be?

15 A. Well, it would be the Jewish Voice for Peace

16 folks, Abby Okrent; also Mohyeddin Abdulaziz, who is part

17 of the Arizona BDS network; also Thabet Khalidi, who is a

18 lawyer in Tucson; and also my son, Laiken Jordahl; my

19 wife, Sheila Nair, and that's probably about it.

20 Q. Okay. Okay. And can you think of anyone else

21 that you talked to?

22 A. I think I have mentioned to a relative or two on

23 the West Coast, my uncle and my cousin.

24 Q. Okay. And anyone else?

25 A. Do you need their names?

09:17:21-09:18:14 Page 13

 1 Q. Sure.

 2 A. Well, Eric Skindrud, S-k-i-n-d-r-u-d, Michael

 3 Skindrud, same last name. I think that's about it.

 4 Q. And can you think of anyone else?

 5 A. Not offhand. I mean, I may have shared that, I

 6 just don't -- I'm not sure. So . . .

 7 Q. So I'd like to turn to the -- your personal

 8 boycotts.

 9 A. Sure.

10 Q. So many of the "yous" in this section will be you

11 in your personal capacity. But to the extent you're ever

12 unclear, please let me know.

13 A. Okay.

14 Q. Are you currently engaged in any boycotts in your

15 personal capacity?

16 A. Yes. I would -- as a human being, not as a

17 corporation, you know, I would be -- I am boycotting, and

18 I urge the boycott -- of Hewlett-Packard, certainly

19 Caterpillar, and also Airbnb because they are businesses

20 that are involved in perpetuating the occupation of the

21 West Bank.

22 Q. Are you currently engaged in -- and don't worry

23 about the companies right now -- but are there any other

24 boycotts that you're engaged in right now, other than

25 the -- other than the boycott at issue in this suit?

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(3) Pages 10 - 13

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 12 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

11:15:21-11:16:07 Page 82

 1 Is a copy of that contract attached as

 2 Exhibit 3 to your declaration?

 3 A. It looks like it, yes.

 4 Q. What kind of services do you perform for the jail

 5 district?

 6 A. It's an interesting and fairly unique contract.

 7 Basically, instead of the county jail being on the hook

 8 for a law library, case law -- it comes out of Arizona, in

 9 fact -- allows services to be contracted for in lieu of

10 the law library. So I provide services -- when an inmate

11 requests my services, they have to check a form on which

12 three basic areas it is, whether it's -- extradition is

13 one area --

14 Q. Okay.

15 A. -- habeas corpus is another, and conditions of

16 confinement is the third.

17 And then if someone is unrepresented, I also

18 provide services of helping research and draft documents

19 for them since they don't have access to a law library

20 without representation.

21 So basically the scope is I get that

22 request; I will go, then, visit the inmate. I usually

23 lump together two or three of them, inmates, and then I

24 will address their issues. A lot of it deals with

25 advising inmates pursuant to the -- what is it? Prison

11:16:24-11:17:28 Page 83

 1 Reform Litigation Act. They have to exhaust their

 2 internal remedies, and tell them they need to do that.

 3 They need to file grievances. And then a lot of it is --

 4 frankly, is running interference with the jail and

 5 resolving problems. So that's what it is.

 6 Q. When did you first bid on the contract with the

 7 jail district?

 8 A. You know, I don't recall the exact year, but I

 9 think it's been -- I know I've been through at least three

10 contract renewals, maybe four. And they're either three11 or four-year terms. So my best guess is about 12 years.

12 So -- and before that, I actually represented the inmates

13 in a class action lawsuit that was down here, and that's

14 how this kind of came about, through that, the idea of

15 this contract. And so . . .

16 Q. Okay. Can you describe the bidding process for

17 those contracts?

18 A. Yeah. Every -- it's every four years. They put

19 out a bid, and it's a call to attorneys in the

20 communities -- I think it goes to the bar -- Coconino Bar

21 Association, and each time I've been the guy. So --

22 Q. Okay.

23 A. That's been chosen. It's a competitive

24 situation. Every four years the annual addendum is --

25 that's not a bid situation, it's just a certification, I

11:17:44-11:18:48 Page 84

 1 guess. So it's not thrown out to annual bids.

 2 Q. Okay. When you submit a bid every four years

 3 then, what's involved with your submissions to the jail

 4 district?

 5 A. Well, it's a very exhaustive and -- and thank God

 6 I've got it on my computer. I can just update it. But it

 7 talks about my philosophy and how I would approach the

 8 contract. I think what the jail folks like is that my

 9 focus is on solving problems, and I view myself as sort of

10 an ombudsperson for the inmates and dealing with their

11 issues. And if I feel like there's something to it -- an

12 awful lot of the requests are somewhat -- I mean, in my

13 opinion -- somewhat frivolous, you know, it's a lack of

14 understanding of what civil rights an inmate may or may

15 not have. I mean, it's as you can imagine. You know,

16 people complaining about no chunky peanuts in the peanut

17 butter. So, you know, things -- it could be that bad.

18 But then it could be also things like the

19 right to religious worship, things that are legitimate

20 issues.

21 I know there's one fellow -- we're talking

22 about religion a bit here. There's a Muslim inmate that

23 just wanted to know what direction Mecca was and what time

24 of day to pray, and we were able to work that out. You

25 know, online I was able to find, for Flagstaff, what times

11:19:03-11:19:54 Page 85

 1 of day, five times a day, it would be. The jail was able

 2 to put a clock where he could see it outside of his -- and

 3 then give him the direction for Mecca. And, you know,

 4 that was one thing.

 5 There have also been Jewish inmates about

 6 food, you know, kosher diets, things like that, where we

 7 go into it. And these are all -- I'm sure you're aware of

 8 constitutional rights that even inmates retain. So those

 9 are just a couple of issues. There are all kinds of

10 issues.

11 Q. So like RLUIPA?

12 A. What's that?

13 Q. So like RLUIPA?

14 A. What's RLUIPA?

15 Q. Religious liberties --

16 A. For incarcerated people?

17 Q. Yeah.

18 A. Yeah, I haven't heard it termed that way.

19 Q. Are there interviews as part of the bidding

20 process?

21 A. No. It has always been just written submissions.

22 Q. Okay.

23 A. As far as I know, yeah.

24 Q. When do you typically get paid for the services

25 you provide?

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(21) Pages 82 - 85

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 13 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

11:20:10-11:21:29 Page 86

 1 A. I get paid on a monthly basis. I submit an

 2 invoice at the beginning of the month, and they pay me for

 3 that entire month.

 4 Q. Has your PC been involved in providing services

 5 to the jail district continuously since your first

 6 contract?

 7 A. Yes.

 8 Q. Okay. So it's never lapsed?

 9 A. Right.

10 Q. When was the last time the contract was bid out?

11 A. Well, it would have been this -- 2016, whenever

12 that -- okay, I signed -- let's see here.

13 This one says January of 2017. I probably

14 was notified of my acceptance maybe a month or so before

15 that.

16 Q. Okay. Do you know if there were any other

17 bidders the last time?

18 A. Oh, I know there were, yes. I don't know who

19 they were, but I was told there were several. So . . .

20 Q. Who are the primary decision makers for awarding

21 the contract?

22 A. Well, I would think the primary one now would be

23 Commander Figueroa, and then his various lieutenants.

24 There is a jail district -- Coconino County Jail District,

25 and they have a board there that is comprised of -- I

11:21:42-11:22:45 Page 87

 1 believe it's a Board of Supervisors, County Board of

 2 Supervisors, and probably the Sheriff, and they make the

 3 ultimate decision, I think.

 4 Q. Okay. Do you know any of them?

 5 A. Yeah. I know some, yeah.

 6 Q. Okay. How long have you known them?

 7 MS. BRODY: Object to form.

 8 THE WITNESS: Well, we can go down the list

 9 if you want.

10 MR. ENSIGN: Sure.

11 THE WITNESS: Of the defendants listed here,

12 Matt Ryan, I've known him for at least 12 years; Lena

13 Fowler I have met, but I don't -- can't say that I really

14 know her; Liz Archuleta, I have known for probably

15 20 years; Art Babbott, I've known him for many years,

16 maybe 10 years; Jim Parks I know a little bit. I don't

17 know the county treasurer here, but that wasn't your

18 question. I don't really know the current sheriff, Jim

19 Driscoll; and -- okay.

20 BY MR. ENSIGN: 

21 Q. Have you ever discussed the Act with any of them?

22 A. I've discussed it with Matt Figueroa and a couple

23 of his lieutenants. Because when I first saw this, I was

24 just so surprised, saying "What the heck is this doing in

25 my contract?" You know, I had -- I didn't know where it

11:22:58-11:23:51 Page 88

 1 came from.

 2 And so Matt is -- it's Matt Figueroa -- was

 3 wondering why I wasn't returning the contract. And I said

 4 "Well, it's the addendum. And, you know, I'm having a

 5 real problem with that." And we didn't discuss it in

 6 detail then, but he had no idea the addendum was in there

 7 because it was something that was added, I think, to the

 8 contract by -- I don't know if it was the county attorney

 9 or someone that was trying to bring the county into

10 compliance with the new law.

11 And so then we finally discussed it, we met.

12 And I said it's Israel anti-boycott stuff. You know, I

13 was like, "I have a problem with that. I think it

14 violates my rights, constitutional rights."

15 And he was, "Oh, well" -- you know, he was

16 thinking it was a problem with the scope of the contract

17 and things like that.

18 And so I don't know if you want me to

19 expound or go get into --

20 Q. Sure.

21 A. -- this, but you'll probably ask anyway so let me

22 get it out there.

23 But basically, I said I have a real problem

24 with this and, if I sign, it's going to be under protest,

25 and I wanted to reserve my rights to challenge this law.

11:24:05-11:25:01 Page 89

 1 Q. And when did that conversation occur?

 2 A. Well, it would have been right before I

 3 ultimately signed my letter of protest, whenever that was,

 4 but probably within, you know, three or four weeks before

 5 that time.

 6 Q. Okay.

 7 A. You know, so it would have been the end of --

 8 what is that? 2016, I think.

 9 Q. Okay. Aside from that conversation, did you have

10 any other conversations or email exchanges regarding the

11 Act?

12 A. Meaning -- with -- with whom?

13 Q. Let's start with Matt Figueroa.

14 A. I have, yeah, since -- since filing this lawsuit,

15 you know, because I was concerned that I could lose the --

16 the contract. You know, I wanted to continue providing

17 services. So there is email correspondence. I'm happy to

18 provide that to you.

19 And basically he was thankful for bringing

20 up the idea. I talked with the county attorney, Bill

21 Ring, he's an old friend of mine from Coconino County.

22 You know, we talked on the phone just little bit. Not

23 about the case, because I didn't want to get him in

24 trouble because I'm actually the plaintiff. I just let

25 him know that this is coming down the pike. And he hadn't

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(22) Pages 86 - 89

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 14 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

11:25:14-11:26:26 Page 90

 1 seen it yet, so I put him in touch with my attorney,

 2 Kathy.

 3 And I think they were very relieved to know

 4 that I would continue providing the services and -- you

 5 know, I expect to get paid on those. But they are not

 6 able to pay me at this time. So I'm providing the

 7 services, I'm submitting the invoices, and I'm not getting

 8 paid. I think I will get paid. I think we'll win this

 9 lawsuit -- no disrespect -- but -- so that's the status of

10 things.

11 So it did -- yeah, there is communication --

12 recent communication over my actions now. I didn't want

13 them to freak out. I was saying it's not about the

14 County, it's about -- you know, the County has no role in

15 this really, other than the State, as it -- as it has want

16 to do, preempt every area of, you know, local control

17 practically, whether it's plastic bags or boycotting a

18 foreign country, you know. So I don't hold them

19 responsible for this. I hold your clients responsible.

20 So . . .

21 Q. So aside from the conversation with Matt Figueroa

22 you were discussing earlier, did you have any other

23 conversations or email exchanges with Matt Figueroa prior

24 to the filing of this lawsuit that relates to the Act?

25 A. I think a few days before filing I sent Figueroa

11:26:50-11:27:45 Page 91

 1 an email -- and also Bill Ring, the county attorney. And

 2 I said I'm -- thanks for your patience on not -- I had

 3 received an email, I think from Figueroa -- and you'll get

 4 this if you want it. Oh, I had submitted my bill for

 5 December, and he said, "Hey, we can't pay you until we get

 6 this back in, you know. Can you sign the darn thing?"

 7 And then I responded later saying, "I'm having a problem

 8 with this certification, and bear with me. I'm looking

 9 into it." And then we filed suit a few days later.

10 Q. Okay.

11 A. Long answer, short question.

12 Q. Can you think of any other conversations or email

13 exchanges?

14 A. With those folks --

15 Q. Yeah.

16 A. -- about the certification?

17 I'm sure in 2017, when I filed the thing,

18 there was some clarification. There was -- I think I

19 spoke about that, about my objections to this, and that I

20 would be signing it under protest.

21 Q. Okay.

22 A. And that seemed to appease them. All they want

23 is my signature. I don't think they care, you know,

24 personally, but that's my speculation.

25 Q. Okay. So what's involved with a -- when your

11:28:06-11:29:08 Page 92

 1 contract gets renewed?

 2 A. Gee, I've got to jump through a bunch of hoops

 3 annually too. I've got to show that I have all these

 4 different types of insurance. They need, believe it or

 5 not, car insurance, even though there's not a chance in

 6 hell that I will give an inmate that I'm providing

 7 services to in the jail a ride in my car. So they need a

 8 certain amount. They need a certain amount of malpractice

 9 insurance, that are all quite high. And you guys are

10 government attorneys, you know about this. I mean, all

11 these things they make you do. I think there was various

12 unemployment insurance things. What else? I'm sure I'm

13 leaving some things out, but there's a lot of different --

14 different things that end up costing a fair amount of

15 money to cover. So . . .

16 Q. Okay. Aside from proof of insurance, can you

17 think of any other requirements for the annual renewals?

18 A. I think that's about it, various types of

19 insurance. And then I don't think there's anything extra

20 that I have to renew, other than now this anti-Israel

21 stuff.

22 Q. Okay.

23 A. Yeah. And I don't know -- well, let's take a

24 look at the addendum. Is that in here?

25 Q. I believe it is.

11:29:33-11:30:59 Page 93

 1 A. It should be. I think it's the last page.

 2 Insurance -- yeah, commercial general

 3 liability. Even though I have a home office, never see an

 4 inmate, let alone a client, I have to have all this stuff,

 5 auto -- auto policy, worker's comp, professional

 6 liability. Naming the County as additional insured. So

 7 it's all CYA insurance of the County. But there's also

 8 this -- the boycott thing that goes on for page and a

 9 half.

10 Q. Okay. Is Exhibit 3 to your declaration the last

11 contract that you signed with the jail district?

12 A. It looks like it, yes.

13 Q. Did that contract expire on June 30th, 2017?

14 A. Looks like it, yeah, just under Term of

15 Agreement.

16 Q. And you've continued to work for the jail

17 district after the expiration of this contract?

18 A. Oh, let me see. Yes.

19 Q. Are you performing the same scope of work for the

20 jail district that you provided before the contract

21 lapsed?

22 A. Yeah, exactly the same.

23 Q. What's the last month that you were paid for?

24 A. I was paid -- I was paid in November for the

25 month of November. And I submitted my December invoice,

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(23) Pages 90 - 93

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 15 of 16
Jordahl vs. Brnovich 

3:17-cv-08263-PCT-DJH

Mikkel Jordahl 30(b)(6) of Mikkel (Mik) Jordahl, PC

January 8, 2018

15:11:02-15:11:21 Page 178

 1 MS. BRODY: He testified to a whole --

 2 MR. ROYSDEN: He testified about these

 3 before?

 4 MS. BRODY: Yeah, he did.

 5 MR. ROYSDEN: You just told me that he can't

 6 do it without his computer. I want the complete list

 7 right now.

 8 THE WITNESS: I don't have a complete list.

 9 Why don't we just leave it at that is the

10 groups that I'm responding to, the ones that I mentioned,

11 and we'll leave it at that.

12 MR. ROYSDEN: And that's your testimony

13 under oath?

14 THE WITNESS: That's my testimony.

15 MS. ROYSDEN: Under oath?

16 THE WITNESS: I know I'm under oath.

17 MR. ROYSDEN: So the answer is yes?

18 THE WITNESS: Yes.

19 MR. ENSIGN: I think that concludes things.

20 (The deposition was concluded at 3:11 p.m.)

21 _____________________________ 22 MIKKEL (MIK) JORDAHL

23

24

25

Page 179

 1 STATE OF ARIZONA )

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN the foregoing deposition was

 4 taken by me pursuant to stipulation of counsel; that I was

 5 then and there a Certified Reporter of the State of

 6 Arizona, and by virtue thereof authorized to administer an

 7 oath; that the witness before testifying was duly sworn by

 8 me to testify to the whole truth; notice was provided that

 9 the transcript was available for signature by the

10 deponent; that the questions propounded by counsel and the

11 answers of the witness thereto were taken down by me in

12 shorthand and thereafter transcribed into typewriting

13 under my direction; that the foregoing pages are a full,

14 true, and accurate transcript of all proceedings and

15 testimony had and adduced upon the taking of said

16 deposition, all to the best of my skill and ability.

17 I FURTHER CERTIFY that I am in no way related to

18 nor employed by any parties hereto nor am I in any way

19 interested in the outcome hereof.

20 DATED at Phoenix, Arizona, this 10th day of

21 January, 2018.

22

23 _______________________________

 Gerard T. Coash, RMR

24 Certified Reporter #50503

25

Min-U-Script® Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com

(45) Pages 178 - 179

Case 2:18-cv-00670-JJT Document 24-2 Filed 04/10/18 Page 16 of 16