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

Filing 168

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,
)
)
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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