United States of America v. Arizona, State of, et al
Filing
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ORDER denying the Renewed 167 Motion by Minuteman Civil Defense Corps, a Project of Declaration Alliance for Leave to File Amicus Brief of Minuteman Civil Defense Corps, a Project of Declaration Alliance, in Support of Counterclaimants' Opposition to Counterdefendants' Motion to Dismiss. Signed by Judge Susan R Bolton on 07/07/11. (ESL)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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)
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Plaintiff,
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vs.
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The State of Arizona; Janice K. Brewer,)
Governor of the State of Arizona, in her)
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official capacity,
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Defendants.
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The State of Arizona; Janice K. Brewer,)
Governor of the State of Arizona, in her)
official capacity,
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Counterclaimants,
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vs.
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The United States of America; the United)
States Department of Homeland Security;)
Janet Napolitano, Secretary of the United)
States Department of Homeland Security,)
in her official capacity; the United States)
Department of Justice; and Eric H. Holder,)
Jr., Attorney General for the United States)
Department of Justice, in his official)
capacity,
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Counterdefendants.
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The United States of America,
No. CV 10-1413-PHX-SRB
ORDER
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Pending before the Court is a Renewed Motion by Minuteman Civil Defense Corps,
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a Project of Declaration Alliance for Leave to File Amicus Brief of Minuteman Civil Defense
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Corps, a Project of Declaration Alliance, in Support of Counterclaimants' Opposition to
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Counterdefendants' Motion to Dismiss. The Court previously denied the Minuteman Civil
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Defense Corps (MCDC) Motion for Leave to File an Amicus Curiae Brief noting the lack of
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any cited rule or law permitting amicus briefs on motions such as the one before the Court.
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MCDC has now moved for reconsideration of the Court's prior order. While MCDC has
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cited authority where amici have been permitted before the district court the question of the
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appearance of amici at district court was not the basis for the Court's prior denial. MCDC
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wants to file a brief in connection with a motion to dismiss. MCDC has not persuaded the
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Court that its prior order was in error or that the Court's denial of leave was an abuse of
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discretion.
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IT IS ORDERED denying the Renewed Motion by Minuteman Civil Defense
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Corps, a Project of Declaration Alliance for Leave to File Amicus Brief of Minuteman
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Civil Defense Corps, a Project of Declaration Alliance, in Support of Counterclaimants'
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Opposition to Counterdefendants' Motion to Dismiss (Doc. 167).
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DATED this 7th day of July, 2011.
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