Escobar v. Brewer et al

Filing 41

RESPONSE to Motion re 40 MOTION for Extension of Time for Responses to the Cross-Claim filed by Tucson, City of. (Attachments: # 1 Time Schedule Order)(McCrory, Michael)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

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. ______________________________ THE CITY OF TUCSON, a municipal corporation, Cross-plaintiff, vs. THE STATE OF ARIZONA, a body politic; and JAN BREWER, in her capacity as Governor of the State of Arizona, Cross-defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-249 TUC DCB RESPONSE TO GOVERNOR BREWER'S MOTION TO EXTEND TIME TO RESPOND TO CROSSCLAIM FILED BY THE CITY OF TUCSON

{A0028827.DOC/}

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

The City of Tucson (hereafter the "City") hereby responds to Governor Brewer's Motion to Extend Time to Respond to Crossclaim filed by the City of Tucson. The City initially notes that the undersigned attorney found no voice message regarding the requested extension on his telephone on or after June 15, 2010, and that none of the secretaries recall receiving any telephone call from the attorneys for the Governor on June 15, 2010. Although the undersigned attorney has

communicated previously be email with the Governor's attorneys, there was also no email message. With respect to the substance of the request, Governor Brewer simply states a belief "that it would be appropriate to respond to the City of Tucson's Crossclaim after a response to plaintiff's Amended Complaint is filed." Motion, pg. 2. No

reason is provided to explain why this is "appropriate" and no reason is provided to explain why the delay should be for almost two weeks until June 30th. Governor's motion thus provides no cause for the Court to act upon. The City's primary concern, however, is with establishing a reasonable schedule for the filing of the substantive response and reply briefs on the City's Motion for Preliminary Injunction. In order for the motion to be heard by the judge ultimately responsible for this and/or the other cases filed on the constitutionality of SB 1070, the response brief of Defendant Brewer should be filed no later than June 30th to allow a reply brief to be filed by July 9. That will still allow time for an evidentiary hearing and consideration of the matter by the Court prior to the effective date of SB 1070 which is July 29, 2010. The

{A0028827.DOC/}

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

The City therefore submits that if the request to extend the time to answer the crossclaim is granted to June 30, 2010, the Court should also order that Governor Brewer's response brief to the City's motion for preliminary injunction shall also be filed on June 30, 2010, and the City's reply brief shall be filed by July 9, 2010. The City has attached a proposed order for the Court's consideration.

Respectfully submitted this 16th day of June, 2010.

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

Copies of the foregoing electronically transmitted via the USDC Clerk of Cour using the CM/ECF System for filing and transmittal this 16th day of June, 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 Co-counsel for Plaintiff John J. Bouma Robert A. Henry Joseph G. Adams Snell & Wilmer, LLP
{A0028827.DOC/}

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Joseph A. Kanefield General Counsel Office of the Governor 1700 W. Washington Phoenix, AZ 85007 Co-counsel for Defendant/CrossDefendant Jan Brewer Mary R. O'Grady Solicitor General Christopher A. Munns Assistant Attorney General 1275 W. Washington Phoenix, AZ 85007-2997 Counsel for Cross-defendant State of Arizona Gary Verberg City Attorney City of Phoenix Elaine K. Cardwell Chief Counsel Office of the City Attorney City of Phoenix 200 W. Washington Phoenix, AZ Attorneys for the City of Phoenix Noel Fidel Mariscal, Weeks, McIntyre & Friedlander, PA 2901 N Central Ave., Suite 200 Phoenix, AZ 85012 José de Jesús Rivera Robert E. Pastor Nathan J. Fidel Haralson, Miller, Pitt, Feldman & McAnally, PLC 2800 N. Central Ave., Suite 840 Phoenix, AZ 85006
{A0028827.DOC/}

4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Stanley G. Feldman Rebecca Reed Jeffrey A. Imig Haralson, Miller, Pitt, Feldman & McAnally, PLC 1 S. Church Ave., Suite 900 Tucson, AZ 85701 David L. Abney Law Office of David Abney 414 E. Southern Ave. Mesa, AZ 85204 /s/ Michelle Gensman

{A0028827.DOC/}

5