Escobar v. Brewer et al

Filing 10

Notice re Service to Atty General of AZ by Tucson, City of re 9 Answer to Amended Complaint, Crossclaim (McCrory, Michael)

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MICHAEL G. RANKIN City Attorney Michael W.L. McCrory Principal Assistant City Attorney P.O. Box 27210 Tucson, AZ 85726-7210 Telephone: [phone] State Bar 3899 PCC No. 37268 Attorneys for City of Tucson

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MARTIN H. ESCOBAR, ) ) Plaintiff, ) ) vs. ) ) JAN BREWER, Governor of the State ) of Arizona, in her Official and ) Individual Capacity; THE CITY OF ) TUCSON, a municipal corporation, and ) BARBARA LaWALL, County Attorney, ) Pima County, ) ) Defendants. ) ) No. CV 10-249 TUC DCB NOTICE OF CITY'S SERVICE OF ANSWER AND CROSS-CLAIM ON ATTORNEY GENERAL PURSUANT TO A.R.S. §12-1841(A)

1.

Plaintiff City of Tucson gives notice that, pursuant to A.R.S. §12-

1841(A), it is serving the Attorney General with a copy of its answer and cross-claim in this case, which allege the unconstitutionality of Senate Bill ("SB") 1070, as amended by House Bill ("HB") 2162 (the "Act"), adopted by the Forty-Ninth Legislature of the State of Arizona during the Second Regular Session, 2010, and signed by Governor Janice K. Brewer on April 23, 2010. 2. The City alleges that SB 1070 is unconstitutional and void on its face,

because it is preempted by federal immigration law and thus violates the supremacy

{A0028543.DOC/}

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clause of the United States Constitution and because it imposes a discriminatory burden on interstate commerce in violation of the commerce clause of the United States Constitution as more fully set forth in the cross complaint. RESPECTFULLY SUBMITTED this 27th day of May, 2010.

MICHAEL G. RANKIN City Attorney By: /s/ Michael W.L. McCrory Michael W.L. McCrory Principal Assistant City Attorney

Copies of the foregoing mailed on this 27th day of May, 2010, to: Richard M. Martinez 307 South Convent Avenue Tucson, Arizona 85701 Stephen Montoya Augustine B. Jimenez Montoya Jimenez, PA 3200 N Central Avenue, #2550 Phoenix, AZ 85012 Attorneys for Plaintiff /s/ Michelle Gensman

{A0028543.DOC/}

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