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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1 2 3 4 5 6 7 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: (602) 506-8541 8 9 Attorneys for Plaintiffs Intervenors Maricopa County and Joy Rich 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE DISTRICT OF ARIZONA 12 13 14 15 16 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; 17 Plaintiffs, 18 v. 19 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 20 21 22 1 1 2 3 4 5 6 7 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; 8 Defendants. 9 10 Plaintiffs Intervenors Maricopa County and Joy Rich hereby notify the Court that the 11 PROSPECTIVE INTERVENORS’ MOTION FOR ORAL ARGUMENT ON MOTION TO 12 INTERVENE AND LEAVE TO FILE A BRIEF IN OPPOSITION TO DEFENDANTS’ 13 14 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: 16 “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.” 17 A corrected copy of the Motion is attached to this Notice of Errata. 18 RESPECTFULLY SUBMITTED this 15 19 20 21 22 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 2 1 CERTIFICATE OF SERVICE 2 3 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: 4 5 6 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 7 8 9 10 11 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 12 13 14 15 16 17 18 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 19 20 21 22 Lisa T. Hauser Cameron C. Artigue Gammage & Burnham Two North Central, 15th Floor Phoenix, AZ 85004 Attorney for Defendant Arizona Medical 3 1 Marijuana Association 2 Thomas W. Dean P.O. Box J Flagstaff, AZ 86002 Attorney for Defendant Arizona Association Of Dispensary Professionals 3 4 5 6 7 8 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 9 10 11 12 13 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: 14 /s/ Joie Gulley 15 16 17 18 19 20 21 22 4

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