Escobar v. Brewer et al

Filing 57

Notice re Response to Joinder in Requests for Consolidation by Jan Brewer (Attachments: # 1 Attachment)(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] 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 Janice K. Brewer ("Governor Brewer") hereby responds to the Joinder in Requests for Consolidation (the "Joinder") filed by the Cities of Flagstaff, Tolleson, San Luis, and Somerton's (collectively, the "Cities") in this case and the four other related cases pending in this District Court. The Cities are not parties to any of these cases, but have moved to intervene in the action captioned Escobar v. Brewer, et al., CV10No. CV-10-926-PHX-SRB GOVERNOR BREWER'S RESPONSE TO THE CITIES OF FLAGSTAFF, TOLLESON, SAN LUIS, AND SOMERTON'S JOINDER IN REQUESTS FOR CONSOLIDATION

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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]

00240-TUC-DCB1. In the Joinder, the Cities stated that they are joining "Defendant Jan Brewer's Motion to Consolidate this matter with the Escobar matter" and other cases. This statement is not accurate. Governor Brewer has not moved to consolidate any cases. Instead, Governor Brewer has moved to transfer two related cases (the Escobar and Salgado2 cases) to this Court for the purpose of having a single judge handle all cases that challenge the validity of SB 1070. There are currently three pending motions that relate to transfer or consolidation of these related cases: 1. Plaintiffs' motion to transfer the Friendly House3 case to this Court (filed on May 21, 2010, doc. 8); 2. Governor Brewer's motion to transfer the Salgado and Escobar cases to this Court (filed on May 28, 2010, doc. 13); and 3. Plaintiffs' motion to transfer and consolidate the Escobar and Salgado cases only (filed on June 4, 2010, doc. 20 in the Escobar case). In that motion, plaintiffs requested that Judge Bury transfer the Escobar case to Judge Silver, who is assigned to the Salgado case, and that those two cases be consolidated. That motion is not directed at the three other related cases. Although there is broad consensus among many parties in the related cases that the cases should be transferred to a single judge, no party has moved for consolidation of all related cases. That being said, Governor Brewer does not oppose consolidation of the claims raised by the plaintiffs in the Escobar and Salgado cases, both of which are brought by police officers (in Tucson and Phoenix, respectively) who are represented by Although the Cities' motion to intervene has not yet been ruled on, the Cities nevertheless filed their Joinder. "Salgado" refers to the case captioned Salgado v. Brewer, et al., Case No. CV10-00951PHX-ROS, which is now pending before the Hon. Roslyn O. Silver.
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Snell & Wilmer L.L.P.

"Friendly House" refers to the case captioned Friendly House v. Whiting, et al., CV1001061-PHX-JWS, which is now pending before the Hon. John W. Sedwick.
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

the same counsel. However, the Escobar case also contains a cross-claim filed by the City of Tucson against Governor Brewer and the State of Arizona. The proposed pleading lodged by the Cities in connection with their motion to intervene in Escobar is substantially similar to the City of Tucson's cross-claim. Governor Brewer submits that these claims (and potential claims) raised by the Cities and the City of Tucson raise distinct issues pertaining to local governments that should not be consolidated with the claims raised by the plaintiff police officers in Escobar and Salgado. Accordingly, at a minimum, Governor Brewer submits that the Court should resolve preliminary issues, such as these cities' standing, before consolidating the City of Tucson's claims (i.e., its cross-claims in Escobar) and any of the claims of the Cities (if their motion to intervene is ultimately granted) with any of the other cases.4 Respectfully submitted this 24th 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.

Governor Brewer will be filing the appropriate motion to challenge the City of Tucson's standing shortly.
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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 24, 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 and served the 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
11669294

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Snell & Wilmer L.L.P.