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

Filing 62

*ERRATA re 60 MOTION for Hearing on Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, 31 MOTION to Intervene as Co-Plaintiffs by: A. Maricopa County; and B. Joy Rich in her official capacity as Assistant County Manager and Director of Maricopa MOTION for Leave to File Brief in Opposition to Defendants' Motion to Dismiss by Maricopa, County of, Joy Rich. (Attachments: # 1 Exhibit Attachment to Notice of Errata)(Liddy, Thomas) *Modified to correct event type on 12/19/2011 (SAT).

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WILLIAM G. MONTGOMERY
MARICOPA COUNTY ATTORNEY
BAR ID#: 021246
THOMAS P. LIDDY (#019384)
PETER MUTHIG (#018526)
Deputy County Attorneys
CIVIL SERVICES DIVISION
222 North Central Avenue, Suite 1100
Phoenix, AZ 85004
MCAO Firm #: 00032000
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs Intervenors
Maricopa County and Joy Rich

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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STATE OF ARIZONA; JANICE K.
NO. CV 11-01072-PHX-SRB
BREWER, Governor of the State of
Arizona, in her Official Capacity; WILL
NOTICE OF ERRATA
HUMBLE, Director of the Arizona
Department of Health Services, in his
Official Capacity; ROBERT C.
HALLIDAY, Director of the Arizona
Department of Public Safety, in his Official
Capacity;

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Plaintiffs,

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v.

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UNITED STATES OF AMERICA;
UNITED STATES DEPARTMENT OF
JUSTICE; ERIC H. HOLDER, JR.,
Attorney General of the United States of
America, in his Official Capacity;
DENNIS K. BURKE, United States
Attorney for the District of Arizona, in his

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Official Capacity; ARIZONA
ASSOCIATION OF DISPENSARY
PROFESSIONALS, INC., an Arizona
corporation; JOSHUA LEVINE; PAULA
PENNYPACKER; DR. NICHOLAS
FLORES; JANE CHRISTENSEN;
PAULA POLLOCK; SERENTIY
ARIZONA, INC., an Arizona nonprofit
corporation; HOLISTIC HEALTH
MANAGEMENT, INC., an Arizona
nonprofit corporation; JEFF SILVA;
ARIZONA MEDICAL MARIJUANA
ASSOCIATION; DOES 1-X; DOES XIXX;

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Defendants.
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Plaintiffs Intervenors Maricopa County and Joy Rich hereby notify the Court that the

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PROSPECTIVE INTERVENORS’ MOTION FOR ORAL ARGUMENT ON MOTION TO

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INTERVENE AND LEAVE TO FILE A BRIEF IN OPPOSITION TO DEFENDANTS’

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MOTION TO DISMISS, filed this day, contained an omission. At page 2, line 10 of the filed
Motion, the following sentence should have been included at the end of the paragraph:

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“In fact, it is the position of the Prospective Intervenors-Plaintiffs that, because of
this direct conflict, and because Congress intended federal law to occupy the
field of drug enforcement, the State law AMMA is preempted by the federal
CSA.”

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A corrected copy of the Motion is attached to this Notice of Errata.

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RESPECTFULLY SUBMITTED this

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14th

day of December 2011.

WILLIAM G. MONTGOMERY
MARICOPA COUNTY ATTORNEY
BY: /s William G. Montgomery
WILLIAM G. MONTGOMERY
Attorneys for Plaintiffs Intervenor
Maricopa County and Joy Rich
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CERTIFICATE OF SERVICE
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I hereby certify that on December 14, 2011, I caused the foregoing document to
be electronically transmitted to the Clerk’s Office using the CM/ECF System for filing
and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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Honorable Susan Bolton
United States District Court
Sandra Day O’Connor U.S. Courthouse
401 West Washington Street, Suite 322, SPC 11
Phoenix, Arizona 85003-2120

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Aubrey Joy Corcoran
Kevin D. Ray
Lori Simpson Davis
Office of the Attorney General
1275 West Washington Street
Phoenix, Arizona 85007
Attorneys for Plaintiffs State of Arizona,
Janice K. Brewer, William Humble,
Robert C. Halliday

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Ezekiel Reifler Edwards
American Civil Liberties Union Foundation
1101 Pacific Avenue, Suite 333
Santa Cruz, CA 95060
Attorney for Defendant Arizona Medical
Marijuana Association
Daniel J. Pochoda
ACLU Foundation of Arizona
77 E. Columbus Street, Suite 205
Phoenix, AZ 85012
Attorney for Defendant Arizona Medical
Marijuana Association

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Lisa T. Hauser
Cameron C. Artigue
Gammage & Burnham
Two North Central, 15th Floor
Phoenix, AZ 85004
Attorney for Defendant Arizona Medical
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Marijuana Association

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Thomas W. Dean
P.O. Box J
Flagstaff, AZ 86002
Attorney for Defendant Arizona Association
Of Dispensary Professionals

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Ken Frakes
Rose Law Group, PC
6613 N. Scottsdale Road, Suite 200
Scottsdale, AZ 85250
Attorneys for Defendants Serenity Arizona,
Holistic Health Management, Levine,
Pennypacker, Flores, Christensen,
Pollock and Silva

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and copy delivered by U.S. mail and
electronic mail to:
Scott Risner
Trial Attorney, U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
Washington, DC 20001
Email: [e-mail]

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/s/ Joie Gulley
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