Escobar v. Brewer et al

Filing 42

REPLY in Support re 40 MOTION for Extension of Time for Responses to the Cross-Claim filed by Jan Brewer. (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 REPLY IN SUPPORT OF MOTION TO EXTEND TIME TO RESPOND TO CROSS-CLAIM FILED BY THE CITY OF TUCSON (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]

In its response to Governor Brewer's motion to extend the time to respond to its Cross-Claim, the City of Tucson does not object to the requested extension of time or provide any meaningful reason why the request should not be granted. Governor Brewer submits that it would be appropriate to first respond to the Amended Complaint filed by the plaintiff, and then respond to the City of Tucson's Cross-Claim. Coordinating the case in this way would promote the orderly disposition of this case, would assist the Court and the parties in coordinating the various motions lodged or filed by parties and proposed intervenors, and would serve the interests of judicial economy. These reasons easily constitute good cause for granting the brief extension of time. Instead, the City of Tucson raises an entirely separate issue and asks the Court to set a briefing schedule on the City of Tucson's motion for preliminary injunction. While Governor Brewer and her counsel stand ready to cooperate with all counsel to set appropriate schedules in this case, this is not a reason to oppose the requested extension. First, the City of Tucson's request for a briefing schedule is premature, as its motion for preliminary injunction has been lodged and not filed with the Court (doc. 22). If and when the Court grants the City of Tucson leave to file the motion, an appropriate briefing schedule should be set at that time. Second, the plaintiff and proposed intervenors, such as the Cities of Flagstaff, San Luis, Somerton, and Tolleson, have raised or are likely to raise similar issues and motions. Among other things, plaintiff also lodged a motion for preliminary injunction with the Court (doc. 17). Governor Brewer submits that the schedule for such briefing should include all such motions, not just the one filed by the City of Tucson, and that it should be set after the Court determines which parties will be permitted to join this action. For these reasons, Governor Brewer respectfully requests that the time for responses to the City of Tucson's Cross-Claim be extended until June 30, 2010. In the alternative, and at minimum, Governor Brewer requests that the deadline be extended until June 23, 2010, which is the same day that a response is due to the Amended Complaint in this action.
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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]

Respectfully submitted this 17th 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 17, 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
11642671

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Snell & Wilmer L.L.P.