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Katherine Belzowski, Staff Attorney

State Bar Number 031473

NAVAJO NATION DEPARTMENT OF JUSTICE 

P.O. Box 2010

Window Rock, Arizona (Navajo Nation) 86515

(928) 871-6210

Paul Gattone

State Bar Number 012482

LAW OFFICE OF PAUL GATTONE

301 S. Convent 

Tucson, Arizona 85701

(520) 623-1922

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

NAVAJO NATION, as a representative of 

Tiffany Robbins, and en parens patriae on 

behalf of all members of the Navajo Nation 

who reside in or visit the City of Winslow.

Plaintiff,

Vs.

JEFFERSON SESSIONS, Attorney General 

of the United States, JAMES F. FELTE, JR., 

Acting Chief of the U.S. Department of 

Justice Civil Rights Division, CITY OF 

WINSLOW, an Arizona municipality, 

FORMER WINSLOW POLICE OFFICER 

AUSTIN SHIPLEY, WINSLOW POLICE 

OFFICER ERNESTO CANO, FORMER 

WINSLOW POLICE CHIEF STEPHEN 

GARNETT, in their individual and official 

capacities,

 Defendants.

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No. CV18-08072 GMS

 

MOTION FOR STAY OF

PROCEEDINGS AGAINST 

DEFENDANT SHIPLEY

 

 

Plaintiff, through Counsel undersigned, asks this Court to stay the proceedings against 

Defendant Shipley, because they have been unable to locate him and to serve him with process. This

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is not for a lack of trying and initially Plaintiff attempted to serve Defendant Shipley through waiver 

of summons, and this came back undelivered. At this point Counsel for Plaintiff retained an

investigator to locate Defendant Shipley so that service of process could be completed. The 

investigator came up with two additional addresses for Defendant Shipley in Winslow, Arizona and 

Counsel for Plaintiff retained a private process server to complete service. However, the private 

process server obtained information that Defendant Shipley may have left the Winslow, Arizona 

area. When Counsel for Plaintiff completed service on Defendants City of Winslow and Cano he 

was contacted by counsel who had been retained to represent these Defendants. Counsel for Plaintiff 

asked if this counsel was authorized to accept service for Defendant Shipley. He indicated that he 

was not authorized to accept service for Defendant Shipley, and that Defendant Shipley may be in 

the military and may have been deployed out of the country. If this is the case, it would be 

extremely difficult, if not impossible for Counsel for Plaintiff to complete service on him.

As such, Counsel for Plaintiff is asking the Court to grant a stay of the proceedings against 

Defendant Shipley so that they can determine his location and to complete service on him. Counsel 

is aware that the Court has previously issued an Order indicating that there would be no further

extensions of time to service Defendants but asks for this stay because they have been diligently 

attempting to locate and serve Defendant Shipley, and he is and essential party to this litigation and a 

thorough and complete conclusion of this matter is not possible without him. Now the information 

that Defendant Shipley may be out of the country for military service makes it extremely difficult for 

them to complete service on this essential party.

Based on the above, and in the interest of justice, Counsel for Plaintiffs asks this Court to 

grant a ninety (90) day stay of the case against Defendant Shipley so that they can proceed with the 

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litigation against the Defendants who have been served can continue to locate and serve Defendant 

Shipley. 

REPECTFULLY SUBMITTED this 21

st day of September 2018.

 s/Katherine Belzowski 

Staff Attorney

 Navajo Nation Department of Justice

s/Paul Gattone______________________

Paul Gattone

Law Office of Paul Gattone

 Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

NAVAJO NATION, as a representative of 

Tiffany Robbins, and en parens patriae on 

behalf of all members of the Navajo Nation 

who reside in or visit the City of Winslow.

Plaintiff,

Vs.

JEFFERSON SESSIONS, Attorney General 

of the United States, JAMES F. FELTE, JR., 

Acting Chief of the U.S. Department of 

Justice Civil Rights Division, CITY OF 

WINSLOW, an Arizona municipality, 

FORMER WINSLOW POLICE OFFICER 

AUSTIN SHIPLEY, WINSLOW POLICE 

OFFICER ERNESTO CANO, FORMER 

WINSLOW POLICE CHIEF STEPHEN 

GARNETT, in their individual and official 

capacities,

 Defendants.

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No. 

 

ORDER 

 

Based on Plaintiff’s Motion, and good cause appearing, Plaintiffs Motion for Stay of 

Proceedings Against Defendant Shipley is granted and the proceedings against Defendant Shipley 

will be stayed until the ______________ day of ______________, _________. If Counsel for 

Plaintiff is able to locate and serve Defendant Shipley prior to the end of this period, they shall file a 

notice to this effect with the Court.

DATED

______________________

Judge of the Federal Court

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