Escobar v. Brewer et al

Filing 28

Notice re of Filing Reply in Support of Motion to Transfer by Jan Brewer (Attachments: # 1 Reply in Support of Motion to Transfer Cases to a Single Judge)(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. Defendant Governor Janice K. Brewer ("Governor Brewer") submits this reply in support of her motion to transfer related cases raising the same issues to a single judge. There are now five actions pending in the U.S. District Court for the District of Arizona that challenge the "Support Our Law Enforcement and Safe Neighborhoods Act," Arizona Senate Bill 1070, as amended by House Bill 2162 ("SB 1070"). Governor No. CV10-00926-PHX-SRB REPLY IN SUPPORT OF MOTION TO TRANSFER CASES TO A SINGLE JUDGE No. CV10-00249-TUC-DCB No. CV10-00951-PHX-ROS

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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]

Brewer respectfully submits that all five cases ­ including the two cases that are the subject of this motion ­ should be handled by a single judge. I. Overview of Related Cases. Five cases challenging the validity of SB 1070 have been filed in the U.S. District Court for the District of Arizona in the following order: A. Roberto Javier Frisancho v. Brewer, et al., Case No. CV10-00926-PHX-

SRB ("Frisancho"), filed on April 27, 2009. The case is assigned to the Hon. Susan R. Bolton. The complaint filed by this out-of-state, pro se plaintiff has not been updated since SB 1070 was amended on April 30, 2010. Governor Brewer's response is due to be filed by June 11, 2010. Governor Brewer anticipates filing a motion to dismiss based on plaintiff's lack of standing to challenge SB 1070. B. Martin H. Escobar v. Jan Brewer, et al., Case No. CV10-00249-TUC-

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Snell & Wilmer L.L.P.

DCB ("Escobar"), filed on April 29, 2010 at 7:56 a.m. The case is assigned to the Hon. David C. Bury. Plaintiff has lodged a motion for preliminary injunction on June 3, 2010. The City of Tucson filed a motion for preliminary injunction on June 7, 2010. C. 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 at 1:43 p.m. The case is assigned to the Hon. Susan R. Bolton. An amended complaint was filed on June 9, 2010 but has not yet been served. D. David Salgado v. Jan Brewer, et al., Case No. CV10-00951-PHX-ROS

("Salgado"), filed on April 29, 2010 at 3:54 p.m. The case is assigned to the Hon. Roslyn O. Silver. Plaintiffs' motion for preliminary injunction was deemed filed on June 9, 2010. Governor Brewer's response to the amended complaint is due to be filed by June 11, 2010. F. Friendly House v. Whiting, et al., Case No. CV10-01061-PHX-MEA

("Friendly House"), filed on May 17, 2010. The case is presently assigned to Magistrate Judge Mark E. Aspey. Plaintiffs lodged a motion for preliminary injunction on June 4, 2010. Plaintiffs have moved to transfer the case to Judge Bolton.
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

II.

The Related Cases Should Be Heard By a Single Judge. In their response brief, the attorneys for the plaintiffs in Escobar and Salgado

(who now represent both plaintiffs jointly) agree that those cases should be heard by a single judge. These two cases, along with the other three pending cases, all raise constitutional and other challenges to SB 1070. There is no apparent dispute that transferring the Escobar and Salgado cases to a single judge would be more efficient than litigating the cases in separate courts, would permit a single judge to coordinate the multiple motions for preliminary injunction that have now been filed, and would avoid "the potential of inconsistent outcomes." See BAE Systems Mobility & Protection Systems, Inc. v. Armorworks Enterprises, LLC, No. CV08-1697-PHX-JAT, 2009 U.S. Dist. LEXIS 35920, at *4 (D. Ariz. Apr. 14, 2009) (applying LRCiv 42.1). However, the Escobar and Salgado plaintiffs assert that the cases should be transferred to Judge Silver rather than Judge Bolton (who already has two of the related cases) or Judge Bury (who has the first-filed case vis-à-vis Escobar and Salgado). Governor Brewer takes no position on which judge would be best suited to hear the cases. Governor Brewer stands ready to litigate the cases before any of the district court judges who are assigned to these cases. No matter which judge is assigned, Governor Brewer submits that it would strongly serve the public interest to transfer these cases to a single judge on an expedited basis. Now that at least four motions for preliminary injunction challenging SB 1070 have been filed or lodged with the Court in various cases, it is imperative that a single judge be assigned to all related cases on an expedited basis for purposes of coordinating briefing schedules on preliminary injunction motions, any hearings that the Court wishes to schedule, and other case management tasks. Plaintiffs characterize Salgado as the presumptive "lead case," but there is little support for such a distinction. In fact, the Escobar case was filed prior to Salgado. Both cases were filed on the same day, April 29, 2010. Plaintiffs' counsel filed the Escobar case at 7:56 a.m. in the Tucson Division, which was assigned to Judge Bury. Counsel then filed a separate complaint in Salgado at 3:54 p.m. in the Phoenix Division, which
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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]

was assigned to Judge Silver.1 Governor Brewer was served with the Salgado case on May 17, 2010; the same lawyers waited until June 2, 2010 to serve Governor Brewer with the Escobar complaint. Finally, as the Court is aware, there is a later-filed case also challenging SB 1070 that is not the subject of this motion to transfer. See Friendly House v. Whiting, Case No. CV10-01061-PHX-MEA ("Friendly House"), filed on May 17, 2010. Governor Brewer is not a defendant in the Friendly House case but she has moved to intervene in that case. That case is presently assigned to Magistrate Judge Aspey, though the plaintiffs have moved to transfer the action to Judge Bolton. The plaintiffs in that case also lodged a motion for preliminary injunction with the Court on June 4, 2010. Governor Brewer agrees that the Friendly House action also should be handled by a single judge who also hears the other related cases. III. Conclusion. In sum, no party to have appeared in any of the related cases to date has expressed any opposition to having a single judge handle the cases. In light of the recent filing or lodging of preliminary injunction motions in various cases, Governor Brewer respectfully renews her request to have these related cases assigned to a single judge on an expedited basis. Respectfully submitted this 10th day of June, 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 In their initial complaints, one set of plaintiffs' attorneys was counsel of record in the Escobar case and another law firm was counsel of record in Salgado. In their amended complaints, the two groups of plaintiffs' lawyers joined together and all of these lawyers are now counsel of record for both the Escobar and Salgado cases.
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

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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Snell & Wilmer L.L.P.

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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 June 10, 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 June 10, 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
11607408

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Snell & Wilmer L.L.P.