Escobar v. Brewer et al

Filing 61

STATUS REPORT on pending motions by Tucson, City of. (McCrory, Michael)

Escobar v. Brewer et al

Doc. 61

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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 SRB CROSS-PLAINTIFF CITY OF TUCSON'S STATUS REPORT ON PENDING MOTIONS

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Dockets.Justia.com

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The City of Tucson ("Tucson") provides the following Status Report regarding Tucson's Pending Motions. ˇ Tucson filed its answer to Plaintiff's complaint and a crossclaim against Governor Jan Brewer and the State of Arizona on May 26, 2010, asserting the unconstitutionality of SB 1070. (Clerk's Docket #9) Governor Brewer answered the crossclaim on June 21, 2010. (Clerk's Docket #48) The State of Arizona filed a motion to dismiss the crossclaim on June 23, 2010. (Clerk's Docket #54). Tucson has not filed a response to the State's Motion to Dismiss. That motion has been pending for 6 days. ˇ Tucson filed a Motion for Leave to exceed page limitation (Clerk's Docket #21) on June 7, 2010. Tucson filed notice with the Court that neither the Plaintiff nor Cross Defendant Brewer objected to the Motion for Leave to exceed the page limitation on June 8, 2010. (Clerk's Docket #26) That motion has been

pending for 22 days. ˇ Tucson served and lodged its Motion for Preliminary Injunction on June 7, 2010. (Clerk's Docket #22) No response brief has been filed. That motion has been pending for 22 days. ˇ Tucson joined in Plaintiff Escobar's request for an evidentiary hearing that is part of Plaintiff's motion for preliminary injunction

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on June 18, 2010.

(Clerk's Docket #45).

Plaintiff Escobar's

motion, lodged on June 3, 2010, has been pending for 26 days. Tucson filed its Response concurring with Plaintiff Escobar's Motion to Consolidate this case with Salgado, et. al. v. Brewer, et. al., CV 10-943 PHX SRB on June 7, 2010. (Clerk's Docket #23, concurring with Clerk's Docket #20). The issue of transfer of cases has been resolved, but there has not been a separate decision on the motion to consolidate Escobar and Salgado. That motion has been pending for 25 days. Respectfully submitted this 29th 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 Court using the CM/ECF System for filing and transmittal this 29th 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
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John J. Bouma Robert A. Henry Joseph G. Adams Snell & Wilmer, LLP 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 & State of Arizona 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 Elaine K. Cardwell, Chief Counsel Office of the City Attorney City of Phoenix 200 W. Washington Phoenix, AZ 85003-1611 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
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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

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