Escobar v. Brewer et al

Filing 44

RESPONSE in Opposition re 40 MOTION for Extension of Time for Responses to the Cross-Claim filed by Martin H Escobar. (Martinez, Richard)

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RICHARD M. MARTINEZ, SBA No. 7763 307 South Convent Avenue Tucson, Arizona 85701 [phone] phone [phone] fax [e-mail] Stephen Montoya, SBA No. 11791 Augustine B. Jimenez III, SBA No. 12208 Montoya Jimenez, P.A. The Great American Tower 3200 North Central Avenue, Suite 2550 Phoenix, Arizona 85012 [phone] [phone] (fax) [e-mail] [e-mail] Counsel for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE STATE 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, and Barbara LaWall, County Attorney, Pima County, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-249 TUC DCB RESPONSE IN OPPOSITION TO DEFENDANT BREWER"S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO CROSS-CLAIM

Plaintiff, through his undersigned counsel, hereby responds in opposition to the last minute and unjustified request from Defendant Brewer to enlarge the time to submit her response to the City of Tucson's cross-claim. Good cause for the request has not been shown. The delay sought is not justified by the circumstance or the applicable standard, good cause. Pending before this court is one of five lawsuits challenging the constitutionality

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of SB 1070, as amended, (the "Support Our Law Enforcement and Safe Neighborhoods Act," Senate Bill 1070, as amended by House Bill 2162.) This legislation represents a significant intrusion by the State of Arizona into the regulation of immigration, an area of law reserved exclusively to the federal government. SB 1070 becomes effective July 29, 2010. Thus, time is of the essence. Plaintiff Escobar and Cross-Claimant City of Tucson have acted with sustained diligence to submit the requisite filings for timely consideration of their claims and request for a preliminary injunction. Defendant Brewer has responded with repeated efforts to delay, thus deny both the plaintiff parties and this court scarce time for briefing and the opportunity to rule upon the motions submitted to date and those that Defendant Brewer will undoubtedly file. Defendant Brewer's request to delay filing an answer or motion to dismiss today because the same is not due until Tuesday, June 22, 2010 to Officer Escobar's claims does not provide a reasonable basis to delay today's deadline. This issues before the court are urgent, of state-wide significance and impact hundred's of thousands of Latinos residing in Arizona. Delay is a luxury which does not exist in this circumstance; the future of far too many persons are at risk. Delay is not reasonable, appropriate and will ultimately prejudice the interests of the plaintiff parties by further compressing a schedule which by virtue of the July 29th implementation date requires all parties to act in a diligent and expedited manner. For the reasons noted, Plaintiff respectfully urges granting the denial of Defendant Brewer's motion. Respectfully submitted this 18th day of June 2010. s/Richard M. Martinez, Esq. RICHARD M. MARTINEZ, ESQ. Stephen Montoya Augustine B. Jimenez III MONTOYA JIMENEZ, P.A. The Great American Tower 3200 North Central Avenue, Suite 2550 Phoenix, Arizona 85012 Counsel for Plaintiffs
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Copy electronically transmitted this 18th day of June 2010 via the USDC Clerk of Court using the CM/ECF System for filing and transmittal to: Michael Rankin, City Attorney City of Tucson Michael W.L. McCory Principal Assistant City Attorney P.O. Box 2710 Tucson, Arizona 85726-7210 Attorneys for the City of Tucson Noel Fidel MARISCAL, WEEKS, McINTYRE & FRIEDLANDER, P.A. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012 Jose de Jesus Rivera Robert Pastor Nathan Fidel HARALSON, MILLER, PITT FELDMAN & McNALLY 2800 North Central Avenue, Suite 840 Phoenix, Arizona 85006 Stanley Feldman Rebecca A. Reed Jeffery A. Imig HARALSON, MILLER, PITT FELDMAN & McNALLY 1 South Church Avenue, Suite 900 Tucson, Arizona 85701 David L. Abney LAW OFFICE OF DAVID ABNEY 414 East Southern Avenue Mesa, Arizona 85204 Counsel for Plaintiff-Intervenors John J. Bouma Robert A. Henry Joseph G. Adams SNELL & WILLMER, LLC One Arizona Center 400 East Van Buren Phoenix, Arizona 85004-2202 and //

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Joseph A. Kanfield Office of Governor Janice tK. Brewer 1700 West Washington, 9 h Floor Phoenix, Arizona 85007 Attorneys for Defendant Governor Janice K. Brewer Mary R. O'Grady, Solicitor General Christopher A. Munns, Assistant Attorney General 1275 West Washington Street Phoenix, Arizona 85007-2997 Attorneys for the State of Arizona COPY tof the foregoing e-mailed this 18 h day of June 2010 to: Barbara LaWall County Attorney-Pima County c/o Regina Nassen & Amelia Cramer 32 North Stone, Suite 1400 Tucson, Arizona 85701 Defendant s/Richard M. Martinez, Esq.

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