Escobar v. Brewer et al

Filing 12

Notice re Filing Motion to Transfer by Jan Brewer (Attachments: # 1 Attachment)(Bouma, John)

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

John J. Bouma (#001358) Robert A. Henry (#015104) Joseph G. Adams (#018210) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] and Joseph A. Kanefield (#015838) Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendant Janice K. Brewer, Governor of the State of Arizona IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Roberto Javier Frisancho, Plaintiff pro se, v. Jan Brewer, in her official capacity as Governor of the State of Arizona; and Terry Goddard, in his official capacity as Attorney General of the State of Arizona, Defendants. Pursuant to LRCiv 42.1(a), defendant Governor Janice K. Brewer ("Governor Brewer") moves to transfer two related cases to this Court. The related cases are captioned as follows: (1) Martin H. Escobar v. Jan Brewer, et al., Case No. CV1000249-TUC-DCB ("Escobar"), filed on April 29, 2010 and pending before the Hon. David C. Bury; and (2) David Salgado v. Jan Brewer, et al., Case No. CV10-00951No. CV10-00926-PHX-SRB MOTION TO TRANSFER RELATED CASES TO THIS COURT

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Snell & Wilmer L.L.P.

No. CV10-00249-TUC-DCB No. CV10-00951-PHX-ROS

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

PHX-ROS ("Salgado"), filed on April 29, 2010 and pending before the Hon. Roslyn O. Silver. I. BACKGROUND OF RELATED CASES. The Escobar and Salgado cases are substantially similar actions that challenge the constitutionality of the "Support Our Law Enforcement and Safe Neighborhoods Act," Arizona Senate Bill 1070, as amended by House Bill 2162 ("SB 1070"). In Escobar, the plaintiff is a police officer for the City of Tucson who has sued Governor Brewer, the City of Tucson, and the Pima County Attorney. In Salgado, the plaintiffs are a police officer for the City of Phoenix and the organization Chicanos Por La Causa, Inc., and they have sued Governor Brewer and the City of Phoenix. The amended complaints in both cases allege that SB 1070 violates the U.S. Constitution and is preempted by federal law. The plaintiffs in both actions are represented by the same attorneys. There are three other substantially similar actions pending in the U.S. District Court for the District of Arizona that also challenge SB 1070. Two of those actions were filed before Escobar and Salgado and have been assigned to this Court: (1) Frisancho v. Brewer, et al., Case No. CV10-00926-PHX-SRB ("Frisancho"), filed on April 27, 2010, and (2) National Coalition of Latino Clergy and Christian Leaders v. State of Arizona, et al., Case No. CV10-00943-PHX-SRB ("National Coalition"), filed on April 29, 2010. Both of these complaints name Governor Brewer as a defendant and, like Escobar and Salgado, challenge the constitutionality and validity of SB 1070. In addition, another later-filed case raises the same issues, Friendly House v. Whiting, Case No. CV10-01061-PHX-MEA, filed on May 17, 2010. The plaintiffs in the Friendly House case are a variety of organizations and individuals who also assert, among other things, that SB 1070 violates the U.S. Constitution and is preempted by federal law. The defendants in that case are the county attorneys and county sheriffs for Arizona counties. The case was initially assigned to Magistrate Judge Mark E. Aspey. On May 21, 2010, the plaintiffs moved to transfer the Friendly House case to this Court on the grounds that the case involves the same events as the other two cases already
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Snell & Wilmer L.L.P.

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

assigned to this Court, asserts similar claims, and involves common questions of law and fact. II. TRANSFER OF THE RELATED CASES IS APPROPRIATE. Rule 42.1 of the Rules of Practice of the United States District Court for the District of Arizona provides that related cases may be transferred under the following circumstances: [W]henever two or more cases are pending before different Judges and any party believes that such cases: (1) arise from substantially the same transaction or event; (2) involve substantially the same parties or property; (3) involve the same patent, trademark, or copyright; (4) call for determination of substantially the same questions of law; or (5) for any other reason would entail substantial duplication of labor if heard by different Judges. LRCiv 42.1(a). Governor Brewer submits that these factors weigh strongly in favor of transferring the Escobar and Salgado cases to this Court. Both cases are substantially similar to the two earlier-filed cases already pending before this Court, which also challenge the validity of SB 1070. The later-filed Friendly House case, also the subject of a separate motion to transfer the action to this Court, similarly challenges SB 1070. As a result, these cases all "arise from the same transaction or event." Likewise, they "involve substantially the same parties or property." The two cases already pending in this Court (Frisancho and National Coalition), like Escobar and Salgado, name Governor Brewer as a defendant. All five cases also call for "determination of substantially the same questions of law." The Escobar and Salgado cases, like the first-filed cases pending in this Court, challenge SB 1070 on the grounds that it violates the U.S. Constitution and that it is preempted by federal immigration laws. These cases also request the same relief: an injunction that would enjoin defendants from enforcing SB 1070, a declaratory judgment that SB 1070 is invalid, and fees and costs. Likewise, the Friendly House case asserts these same claims (and others) and also seeks the same relief.

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Snell & Wilmer L.L.P.

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

In light of the obvious similarity among these cases, allowing the cases to proceed before different judges "would entail substantial duplication of labor." Further, transferring the Escobar and Salgado cases to this Court would avoid the risk of potentially conflicting orders and judgments issued by different judges regarding the same legal questions. If this motion to transfer and the separate Friendly House motion to transfer are granted, all five cases will be heard by a single judge. III. CONCLUSION. For these reasons, Governor Brewer respectfully requests that the Escobar and Salgado cases be transferred to this Court. A proposed order is submitted herewith. Respectfully submitted this 28th day of May, 2010. SNELL & WILMER L.L.P.

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Snell & Wilmer L.L.P.

By s/ John J. Bouma John J. Bouma Robert A. Henry Joseph G. Adams One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 and By s/ Joseph A. Kanefield, with permission Joseph A. Kanefield Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007 Attorneys for Defendant Janice K. Brewer, Governor of the State of Arizona

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

CERTIFICATE OF SERVICE I hereby certify that on May 28, 2010, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants on record. I hereby certify that on May 28, 2010, I served the attached document by U.S. mail on the following, who is not a registered participant of the CM/ECF System: Roberto Javier Frisancho 1311 Delaware Avenue., S.W., Apt. S 337 Washington, D.C. 20024 s/ John J. Bouma
11575418

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Snell & Wilmer L.L.P.