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

Filing 8

MOTION for Motion for Issuance of an Expedited Briefing Schedule Regarding Plaintiff's Motion for a Preliminary Injunction by United States of America. (Attachments: # 1 Text of Proposed Order)(Wilkenfeld, Joshua)

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

Doc. 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Tony West Assistant Attorney General Dennis K. Burke United States Attorney Arthur R. Goldberg Assistant Director, Federal Programs Branch Joshua Wilkenfeld (NY Bar #4440681) Varu Chilakamarri (NY Bar #4324299) 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA The United States of America, Plaintiff, No. 2:10-cv-01413-NVW

PLAINTIFF'S MOTION FOR ISSUANCE OF AN EXPEDITED BRIEFING SCHEDULE The State of Arizona; and Janice K. Brewer, REGARDING PLAINTIFF'S Governor of the State of Arizona, in her MOTION FOR A PRELIMINARY Official Capacity, INJUNCTION v. Defendants.

Pursuant to Local Rule 7.2(c), Plaintiff, the United States, hereby moves for an order issuing an expedited briefing schedule regarding Plaintiff's lodged Motion for a Preliminary Injunction. This motion seeks a briefing schedule that will enable the parties to fully brief the relevant issues while providing the Court with sufficient time to consider this motion before S.B. 1070's effective date of July 29, 2010. Defendants have previously recognized the importance of resolving motions to preliminarily enjoin the operation of S.B. 1070 before the statute's effective date. See Friendly House v. Whiting, No. CV-10-1061, Joint Motion Proposing Briefing Schedule for Plaintiff's Motion for Preliminary Injunction and

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants' Motions to Dismiss ("It is the Parties' intent to propose a briefing schedule that permits the Court adequate time to consider these motions before Senate Bill 1070's effective date of July 29, 2010."). Plaintiff proposes the following briefing schedule: Defendants' opposition to the motion for a preliminary injunction shall be due on July 20, 2010, and the United States' reply brief in support of the motion for a preliminary injunction shall be due by noon (local time) on July 26, 2010. Counsel for Defendants was contacted and has not yet provided a response as to Defendants' position with respect to this motion. Pursuant to this schedule, Defendants will have 14 days from receiving the United States' motion to file their opposition ­ the full response time contemplated by Local Rule 7.2(c).1 The United States will have slightly less than the response time contemplated by Local Rule 7.2(c) for filing its reply brief. The proposed schedule thus provides the Defendants with ample time to prepare their opposition to the United States' motion, especially in light of the several other matters pending against the Defendants before this Court raising similar issues, which already require Defendants to prepare arguments on whether S.B. 1070 is preempted by federal law. The proposed schedule also provides this Court with sufficient time to conduct oral argument and rule on the motion for a preliminary injunction before S.B. 1070's effective date.

The United States has moved for leave to file a memorandum in support of its motion for a preliminary injunction in excess of the page limit provided by this Court's local rules, and thus, as of the submission of this motion, has lodged but yet not filed its motion for a preliminary injunction and supporting memorandum of law. Accordingly, as of the filing of this motion, Defendants' 14-day response time has not yet begun to run. But because Plaintiff has lodged with the Court ­ and served upon the Defendants ­ its proposed preliminary injunction motion, Plaintiff's proposed briefing schedule will still allow Defendants the full response time contemplated by this Court's rules. 2

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

For the foregoing reasons, Plaintiff respectfully requests that this Court grant its Motion for Issuance of an Expedited Briefing Schedule Regarding Plaintiff's Motion for a Preliminary Injunction.

DATED: July 6, 2010

Respectfully Submitted,

Tony West Assistant Attorney General Dennis K. Burke United States Attorney Arthur R. Goldberg Assistant Director, Federal Programs Branch /s/ Joshua Wilkenfeld Joshua Wilkenfeld (NY Bar #4324299) Varu Chilakamarri (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 CERTIFICATE OF SERVICE I hereby certify that on July 6, 2010, a true and correct copy of the foregoing was served electronically by the U.S. District Court for the District of Arizona's Electronic Document Filing System (ECF) and that the documents are available on the ECF system. /s/ Joshua Wilkenfeld Joshua Wilkenfeld

3