USA v. State of Arizona, et al

Filing 11

Filed (ECF) Appellants Janice K. Brewer and State of Arizona Mediation Questionnaire. Date of service: 07/29/2010. [7422441] (JGA)

USA v. State of Arizona, et al

Doc. 11

USCA DOCKET # 10-16645
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CIVIL APPEALS DOCKETING STATEMENT
PLEASE ATTACH ADDITIONAL PAGES IF NECESSARY. TITLE IN FULL: United States of America, Plaintiff-Appellee, v. State of Arizona and Janice K. Brewer, Governor of The State of Arizona, In Her Official Capacity, Defendants-Appellants DISTRICT: District of Arizona JUDGE: Susan R. Bolton DISTRICT COURT NUMBER: CV 10-1413-PHX-SRB DATE NOTICE OF APPEAL FILED: 7/29/2010 IF THIS MATTER HAS BEEN BEFORE THIS COURT PREVIOUSLY, PLEASE PROVIDE THE DOCKET NUMBER AND CITATION (IF ANY): IS THIS A CROSS-APPEAL? YES

BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW: Lawsuit and Motion for Preliminary Injunction by Plaintiff-Appellee United States of America to enjoin enforcement of the "Support Our Law Enforcement and Safe Neighborhoods Act," as amended ("SB 1070"). The district court granted in part and denied in part the motion for preliminary injunction. PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL: Whether the District Court relied on an erroneous legal premise or abused its discretion in issuing the preliminary injunction. PLEASE IDENTIFY ANY OTHER LEGAL PROCEEDING THAT MAY HAVE A BEARING ON THIS CASE (INCLUDE PENDING DISTRICT COURT POST-JUDGMENT MOTIONS): Six additional cases are pending in the U.S. District Court for the District of Arizona in which the plaintiffs seek to enjoin enforcement of SB 1070: (1) Escobar v. Brewer, et al., No. CV 10-249-TUC-SRB; (2) Salgado v. Brewer, et al., No. CV 10-951-PHX-SRB; (3) National Coalition of Latino Clergy & Christian Leaders v. Arizona, et al., No. CV 10-943-PHX-SRB; (4) Friendly House, et al. v. Whiting, et al., No. CV 10-1061-PHX-SRB; (5) Frisancho v. Brewer, et al., Case No. CV10-00926-PHX-SRB; AND (6) League of United Latin America Citizens, et al. v. Arizona et al., Case No. CV10-001453-PHX-NVW. Motions to dismiss and motions for preliminary injunction have been fully briefed and argued in the Salgado and Friendly House cases but no other orders have been issued as of this date. DOES THIS APPEAL INVOLVE ANY OF THE FOLLOWING: Possibility of settlement Likelihood that intervening precedent will control outcome of appeal Likelihood of a motion to expedite or to stay the appeal, or other procedural matters (Specify:_Defendants-Appellants are filing concurrently with this docketing statement a Motion Pursuant to Circuit Rules 27-12 and 34-3 to Expedite Briefing and Hearing Schedule For Preliminary Injunction Appeal ______________ _____________________________________________________________________________________________) Any other information relevant to the inclusion of this case in the Mediation Program________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Possibility parties would stipulate to binding award by Appellate Commissioner in Lieu of Submission to judges

Dockets.Justia.com

LOWER COURT INFORMATION JURISDICTION FEDERAL Federal Question Diversity Other (Specify): APPELLATE Federal Decision of District Court Interlocutory Decision Appealable As of Right Interlocutory Order Certified by District Judge (Specify): Other (Specify): DISTRICT COURT DISPOSITION TYPE OF JUDGMENT/ ORDER APPEALED Default Judgment Dismissal/Jurisdiction Dismissal/Merits Summary Judgment Judgment/Court Decision Judgment/Jury Verdict Declaratory Judgment Judgment as a Matter of Law Other (Specify):

Page 2 of 2

RELIEF Damages: Sought $N/A Awarded $N/A Injunctions: Preliminary Permanent Granted Denied Attorney Fees: Sought $ ________ Awarded $ _______ Pending Costs: ________

CERTIFICATION OF COUNSEL I CERTIFY THAT: 1. Copies of Order/Judgment Appealed Form Are Attached. 2. A Current Service List or Representation Statement With Telephone and Fax Numbers Are Attached (See 9th Cir. Rule 3-2). 3. A Copy of This Civil Appeals Docketing Statement Was Served in Compliance with FRAP 25. 4. I Understand That Failure to Comply With These Filing Requirements May Result in Sanctions, including Dismissal of This Appeal. _______________s/ Joseph G. Adams____________________ Signature ___________July 29, 2010__________ Date

COUNSEL WHO COMPLETED THIS FORM NAME: Joseph G. Adams FIRM: Snell & Wilmer, L.L.P. ADDRESS: 400 E. Van Buren Street E-MAIL: [e-mail] TELEPHONE: [phone] FAX: [phone] This Document Should Be Filed in The District Court With The Notice of Appeal If Filed Late, it Should Be Filed Directly With the U.S. Court of Appeals

REPRESENTATION STATEMENT/SERVICE LIST John J. Bouma Robert A. Henry Joseph G. Adams Snell & Wilmer LLP One Arizona Center Phoenix, AZ 85004-2202 Tel.: [phone] Fax: [phone] Joseph A. Kanefield Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendants-Appellants Janice K. Brewer, Governor of the State of Arizona, and the State of Arizona Tony West Dennis K. Burke Arthur R. Goldberg Varu Chilakamarri Joshua Wilkenfeld U.S. Department of Justice, Civil Division 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel.: [phone] Fax [phone] [e-mail] Edwin S. Kneedler U.S. Department of Justice Office of the Solicitor General 950 Pennsylvania Ave., Room 5139 Washington, DC 20003 Tel.: [phone] [e-mail] Attorneys for Plaintiff-Appellee United States of America
11803468