United States of America v. Arizona, State of, et al

Filing 150

Consent MOTION for Leave to File Excess Pages for Motion to Dismiss Counterclaims by Eric Himpton Holder, Jr, Janet A Napolitano, United States Department of Homeland Security, United States Department of Justice, United States of America. (Attachments: # 1 Text of Proposed Order)(Chilakamarri, Varu)

United States of America v. Arizona, State of, et al

Doc. 150

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Tony West Assistant Attorney General Dennis K. Burke United States Attorney Arthur R. Goldberg Assistant Director, Federal Programs Branch Varu Chilakamarri (NY Bar #4324299) Joshua Wilkenfeld (NY Bar #4440681) U.S. Department of Justice, Civil Division 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel. [phone]/Fax [phone] [e-mail] Attorneys for the United States

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA The United States of America, Plaintiff, v. The State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants. The State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Counterclaimants, v. The United States of America; the United States Department of Homeland Security; the United States Department of Justice; and Janet Napolitano and Eric H. Holder, Jr., in their official capacities. Counterdefendants. No. 2:10-cv-1413-SRB COUNTERDEFENDANTS' UNOPPOSED MOTION TO EXCEED PAGE LIMITATION FOR MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Dockets.Justia.com

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Counterdefendants ("the United States"), respectfully request leave to exceed the page limitation set forth in LRCiv. 7.2(e) for their motion to dismiss (including supporting memorandum) the counterclaims. The countercomplaint is just short of 40 pages, and it raises five separate counts, including claims under Article IV and the Tenth Amendment of the U.S. Constitution, as well as claims under various federal statutes relating to the operational control of the U.S. border and federal reimbursement of state expenditures for the incarceration of unlawfully present aliens. See Doc. 132 (Arizona's Answer and Counterclaims, at 16-55). The United States' draft Motion to Dismiss and Supporting Memorandum is under 40 pages, and the United States will make every effort to make its final motion and memorandum as short as possible. However, given the range and magnitude of the issues raised in the counterclaims, the United States is unable to present its arguments on each of the five counts in sufficient detail, under the current page limit, to permit their full and careful consideration. For the foregoing reasons, the United States seeks leave to file a Motion to Dismiss the Counterclaims and Supporting Memorandum that does not exceed 40 pages. Counsel for the counterclaimants was contacted and indicated that they do not oppose this request.

DATED: April 6, 2011 Respectfully submitted, Tony West Assistant Attorney General Dennis K. Burke United States Attorney Arthur R. Goldberg Assistant Branch Director /s/ Varu Chilakamarri Varu Chilakamarri (NY Bar #4324299) Joshua Wilkenfeld (NY Bar #4440681)
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U.S. Department of Justice, Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: [phone]/Fax [phone] [e-mail] Attorneys for the United States

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CERTIFICATE OF SERVICE I hereby certify that on April 6, 2011, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the CM/ECF registrants on record in this matter. /s/ Varu Chilakamarri