Escobar v. Brewer et al

Filing 82

STIPULATION Regarding Withdrawal of the City of Tucson's Motion for Preliminary Injunction by Jan Brewer, Jan Brewer. (Attachments: # 1 Text of Proposed Order)(Bouma, John)

Escobar v. Brewer et al

Doc. 82

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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 Janice K. Brewer, Governor of the State of Arizona, and 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-SRB STIPULATION REGARDING WITHDRAWAL OF THE CITY OF TUCSON'S MOTION FOR PRELIMINARY INJUNCTION

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Snell & Wilmer L.L.P.

Dockets.Justia

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

On July 8, 2010, defendant/cross-plaintiff City of Tucson ("Tucson") filed a motion for preliminary injunction (doc. 72) directed at defendants regarding the enforcement of SB 1070. Under the Court's order (doc. 78), responses to the motion are due by August 10, 2010. Counsel for Tucson and counsel for defendant Janice K. Brewer, in her capacity as Governor of the State of Arizona ("Governor Brewer"), have conferred and agreed that the Court's order filed on July 28, 2010 in the case captioned United States of America v. State of Arizona, et al., Case No. CV10-1413-PHX-SRB, binds the City of Tucson as a political subdivision of the State and confers the relief sought by Tucson with respect to Section 2(B) of SB 1070. Tucson has raised legal challenges to SB 1070 which were not made in the context of the preliminary injunction by the United States in the above case. Tucson believes that it is in a unique position as a political entity subject to both state and federal law to raise these challenges, but that any briefing of the separate issues should await the Court's decision on the pending motion to consolidate this case with United States of America v. State of Arizona, et al. Accordingly, Tucson and Governor Brewer stipulate to the withdrawal of Tucson's motion, without prejudice to the filing of another motion for preliminary injunction by Tucson at an appropriate time. Respectfully submitted this 5th day of August, 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 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 Janice K. Brewer, Governor of the State of Arizona, and 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]

MICHAEL G. RANKIN City Attorney By s/Michael W.L. McCrory with permission Michael W.L. McCrory Principal Assistant City Attorney P.O. box 27210 Tucson, AZ 85726-7210 Attorneys for City of Tucson

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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 August 5, 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
11809941

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Snell & Wilmer L.L.P.