Escobar v. Brewer et al

Filing 40

MOTION for Extension of Time for Responses to the Cross-Claim by Jan Brewer. (Attachments: # 1 Text of Proposed Order)(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] 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 Martin H. Escobar, Plaintiff, v. Jan Brewer, Governor of the State of Arizona, in her Official and Individual Capacity; the City of Tucson, a municipal corporation, Defendants. The City of Tucson, Cross-plaintiff, v. The State of Arizona, a body politic; and Jan Brewer, in her capacity as Governor of the State of Arizona, Cross-defendants. Case No. CV10-00249-TUC-DCB GOVERNOR BREWER'S MOTION TO EXTEND TIME TO RESPOND TO CROSS-CLAIM FILED BY THE CITY OF TUCSON (First Request) (Expedited Consideration Requested)

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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]

Pursuant to LRCiv 7.3(a), defendant Janice K. Brewer ("Governor Brewer") requests that the time to respond to the Cross-Claim filed by defendant City of Tucson be extended to June 30, 2010. Governor Brewer and the City of Tucson are both defendants in this action. Governor Brewer was served with plaintiff's Amended Complaint on June 2, 2010 (doc. 18), and her response to the Amended Complaint is presently due on June 23, 2010. One week before Governor Brewer was served, on May 26, 2010, the City of Tucson filed an Answer and Cross-Claim against Governor Brewer and the State of Arizona (doc. 9). The Cross-Claim was served on Governor Brewer the following day, May 27, 2010 (doc. 36).1 Governor Brewer calculates that a response to this Cross-Claim is presently due on June 18, 2010. Governor Brewer submits that it would be appropriate to respond to the City of Tucson's Cross-Claim after a response to plaintiff's Amended Complaint is filed. For this reason, Governor Brewer requests that the time for all responses to the City of Tucson's Cross-Claim be extended to June 30, 2010. Counsel for Governor Brewer contacted counsel for City of Tucson by telephone on the afternoon of June 15, 2010 and left a voice mail message asking him to stipulate to the requested extension. As of the time that this motion was filed, counsel has not yet responded to the request.

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Snell & Wilmer L.L.P.

On the same day, the City of Tucson also served Ken Bennett, Secretary of State of the State of Arizona (doc. 37), and Terry Goddard, Attorney General of the State of Arizona (doc. 35), with the Cross-Claim. Although the pleading is characterized as a Cross-Claim, neither Mr. Bennett nor Mr. Goddard is identified as a party in the Amended Complaint. See Fed. R. Civ. P. 13(g) (a cross-claim is "any claim by one party against a coparty").
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1

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

Respectfully submitted this 16th day of June, 2010. 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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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 16, 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: s/John J. Bouma
11638631

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Snell & Wilmer L.L.P.