Escobar v. Brewer et al

Filing 58

ORDER granting the Pla's Motion to Transfer Related Case (docket #8 filed in CV10-926-PHX-SRB). Further ordered granting the Motion to Transfer Related Cases to this Court filed by Governor Brewer (docket 13 filed in CV10-926-PHX-SRB. Further ordered transferring the following cases to this Court: CV 10-249-TUC-DCB, CV 10-951-PHX-ROS, and CV 10-1061-PHX-JWS. Directing the Plas in CV 10-926-PHX-SRB, CV 10-943-PHX-SRB, CV 10-249-TUC-DCB, CV 10-951-PHX-ROS, and CV 10-1061-PHX-JWS to file a notice summarizing all pending motions in each case and the briefing status of those motions, no later than 5:00 p.m. on 06/29/10. It is further ordered that all future filings in the transferred cases shall bear the following case numbers: CV 10-249-TUC-SRB, CV 10-951-PHX-SRB, and CV 10-1061-PHX-SRB. Signed by Judge Susan R Bolton on 06/25/10. (ESL)

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 28 8, 13). I. BACKGROUND Plaintiff Roberto Frisancho, who is proceeding pro se in this matter, filed his first Complaint on April 27, 2010. Plaintiff brings constitutional challenges to Arizona's recentlypassed "Support Our Law Enforcement and Safe Neighborhoods Act" and its subsequent amendment (collectively, "SB 1070"). After Plaintiff's suit was filed, four other cases were initiated in this district, also bringing constitutional challenges to SB 1070. Those cases are: (1) Martin H. Escobar v. Jan Brewer, et al., No. CV 10-249-TUC-DCB ("Escobar"), filed on April 29, 2010, and pending before Judge Bury; (2) David Salgado v. Jan Brewer, et al., No. CV 10-951-PHX-ROS ("Salgado"), filed April 29, 2010, and pending before Judge Silver; (3) National Coalition of Latino Clergy and Christian Leaders v. State of Arizona, et al., No. CV 10-943-PHX-SRB, filed on April 29, 2010, and pending before this Court; and (4) Friendly House, et al. v. Whiting, et al., No. CV 10-1061-PHX-JWS ("Friendly House"), The Court now resolves the two pending Motions to Transfer Related Cases (Docs. ) ) ) Plaintiff, ) ) vs. ) ) Jan Brewer, in her official capacity as) Governor of the State of Arizona; Terry) Goddard, in his official capacity as) Attorney General of the State of Arizona,) ) ) Defendants. ) ) Roberto Javier Frisancho, No. CV 10-926-PHX-SRB ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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filed on May 17, 2010, and pending before Judge Sedwick. On May 21, 2010, the Friendly House plaintiffs filed a Motion to Transfer that matter to this Court. (Doc. 8.) On May 28, 2010, Defendant Governor Brewer filed a Motion to Transfer the Escobar and Salgado matters to this Court. (Doc. 13.) On June 17, 2010, this Court directed all parties to all five pending SB 1070-related matters to respond to the two pending Motions to Transfer. (Doc. 27.) The Court has considered all the filed responses. II. LEGAL STANDARDS AND ANALYSIS The Local Rules for this district provide that related cases may be transferred under the following circumstances: Any party may file a motion to transfer the case or cases involved to a single Judge whenever two or more cases are pending before different Judges and any party believes that such cases: (1) arise from substantially the same transaction or event; (2) involve substantially the same parties or property; (3) involve the same patent, trademark, or copyright; (4) call for determination of substantially the same questions of law; or (5) for any other reason would entail substantial duplication of labor if heard by different Judges. LRCiv 42.1(a). Local Rule 42.1(a) also provides, "The motion shall be filed in the case with the lowest case number assigned to a District Judge who shall hear and decide the motion." In making a determination about which judge will be assigned the related cases, Local Rule 42.1 states that the following factors may be considered: "(1) whether substantive matters have been considered in a case; (2) which Judge has the most familiarity with the issues involved in the cases; (3) whether a case is reasonably viewed as the lead or principal case; or (4) any other factor serving the interest of judicial economy." LRCiv 42.1(d). After reviewing the filings of the parties to the Motions to Transfer and the dockets in the related cases, the Court concludes that transfer is appropriate in this instance. No substantive matters have been considered, much less resolved, in any of the cases. Moreover, among Judge Silver, Judge Bury, Judge Sedwick, and this Court, none has significantly more familiarity with the issues involved in the cases. At this juncture, as no substantive matters have been considered, no one case may be considered the lead case. Finally, all parties agree that these five cases should be heard by a single judge, which is clearly in the interest of judicial economy. No party has articulated a compelling reason for any particular judge to -2-

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hear the matters, as opposed to this Court, which has been assigned the case with the lowest case number. Therefore, the Court grants the Motions to Transfer filed by the Friendly House plaintiffs and Defendant Governor Brewer. Plaintiffs in each of the five cases are directed to file a notice no later than 5:00 p.m. on Tuesday, June 29, 2010, listing all motions pending in each case and the briefing status of those motions. These notices are to be filed in the individual cases. Plaintiffs are also directed to provide the Court with courtesy copies of all pending motions in each case. IT IS ORDERED granting the Motion to Transfer Related Case filed by the plaintiffs in Case No. CV 10-1061-PHX-JWS (Doc. 8). IT IS FURTHER ORDERED granting the Motion to Transfer Related Cases to this Court filed by Governor Brewer, defendant in Case No. CV 10-249-TUC-DCB and Case No. CV 10-951-PHX-ROS (Doc. 13). IT IS FURTHER ORDERED transferring the following cases to this Court: CV 10249-TUC-DCB, CV 10-951-PHX-ROS, and CV 10-1061-PHX-JWS. IT IS FURTHER ORDERED directing Plaintiffs in CV 10-926-PHX-SRB, CV 10943-PHX-SRB, CV 10-249-TUC-DCB, CV 10-951-PHX-ROS, and CV 10-1061-PHX-JWS to file a notice summarizing all pending motions in each case and the briefing status of those motions, no later than 5:00 p.m. on Tuesday, June 29, 2010. IT IS FURTHER ORDERED that all future filings in the transferred cases shall bear the following case numbers: CV 10-249-TUC-SRB, CV 10-951-PHX-SRB, and CV 101061-PHX-SRB.

DATED this 25th day of June, 2010.

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