Page:Aguilera v. Fontes (CV 2020-014562) (2020) Order.pdf/10

 CV 2020-014562 Plaintiffs have alleged six causes of action, and Defendants and Intervenor have moved to dismiss all of them. The Court has not expressly and individually called out above each of those claims because Plaintiffs' underlying allegations and asserted injuries are one nucleus, on which all claims are founded. None of Plaintiffs' claims survive dismissal for the reasons addressed above. Furthermore, were none of the grounds warranting dismissal of the Complaint on its face upheld, Plaintiffs' evidence did not meet the burden of proof necessary to establish that (1) the tabulators' inability to automatically read Plaintiffs' ballots was caused by Defendants and by the tabulators malfunctioning as opposed to Plaintiffs' completion and/or handling of their ballots; (2) Plaintiffs actually suffered an injury; and (3) Plaintiffs' requested relief is both possible and addresses their perceived injuries.

IT IS ORDERED therefore dismissing with prejudice this action for failure to state a claim upon which relief can be granted, or alternatively, denying the relief sought by Plaintiffs given their failure to produce evidence demonstrating entitlement to same.

As no further matters remain pending, the Court signs this minute entry as a final Judgment entered under Ariz. R. Civ. P. 54(c).

PLEASE NOTE: This Division requires that all motions, responses, replies and other Court filings in this case must be submitted individually. Counsel shall not combine any motion with a responsive pleading. All motions are to be filed separately and designated as such. '''No filing will be accepted if filed in combination with another. Additionally, all filings shall be fully self-contained and shall not "incorporate by reference" other separate filings for review and consideration as part of the pending filing.'''

ALERT: Due to the spread of COVID-l9, the Arizona Supreme Court Administrative Order 2020-79 requires all individuals entering a Court facility to wear a mask or face covering at all times while they are in the Court facility. With limited exceptions, the Court will not provide masks or face coverings. Therefore, any individual attempting to enter the Court facility must have Docket Code 042