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Judicial Watch • 2011 us-v-arizona-repinsupportofmot2intervene-03072011

2011 us-v-arizona-repinsupportofmot2intervene-03072011

2011 us-v-arizona-repinsupportofmot2intervene-03072011

Page 1: 2011 us-v-arizona-repinsupportofmot2intervene-03072011

Category:Legal Document

Number of Pages:5

Date Created:March 17, 2011

Date Uploaded to the Library:July 30, 2013

Tags:Kercsmar, intervention, Brewer, Scottsdale, governor, legislature, motion, response, arizona, filed, document, State, states, Washington, united, IRS, ICE, CIA


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Case 2:10 cv-01413-SRB Document 145 Filed 03/07/11 Page
Geoffrey Kercsmar (#20528)
Gregory Collins (#023158)
KERCSMAR PLLC
6263 North Scottsdale Road. Suit 320
Scottsdale, Arizona 85250
Tel 1480) 421 I001
gsk awaz.con1
gbcrg lawaz.c0n1
Paul Orfanedes
(Motion for admission pro hac vice led)
James Peterson
(Motion for admission hac vice led)
Michael Bekesha
(Motion for adm pro hac vice led)
JUDICIAL WATC INC.
424 111 Street. S.W., Suite 800 hmglon, 20024
Tel: (202) 646-5172
Atmrne Proposed Imerverim:/Dc{7?ndm1l Ari:am1 State Legislumre THE UNITED STATES DISTRICT COURT
FOR THE DISTRIC ARIZONA
1:.
The United States America, C350 N03 7-3 V01413SRB
Plaintiff.
REPLY SUPPORT MOTION THE ARIZONA STATE
LEGISLATURE
The State Arizona; and Janice ENTI0N
Brewer, Govemor the State Arizona, her Official Capaci (Oral Argument Requested)
Defendants.
The Arizona State Legislature the Legislature). counsel. respectfully submits
this rcply support its motion seeking leave inteivene defendant pursuant
Federal Rule Civil Procedure 24(b). grounds therefor, the Legislature states
follows:
Case 2:10-cv-0 413 SRB Document 145 Filed 03/07/11 Page
MElVI ANDUM POINTS AND AUTHORITIES
Arizona Should Permitted Defend 1070 the Manner Has
Deemed Appropriate.
With the enactment 1117. the State zona has made clear the mann
that wishes sued this case. The State Arizona wants defend 1070 with
both Governor and the Legislature defendants. should the opportunity so.
Plaintiff, the United States, opposes the maimer that Arizona seeks defend itself this lawsuit, and has raised host meritless objections. See Dkt. No. 144 (l3laintifts
Response the Motion the Arizona State Legislature for Intervention Defendant Response). First, contrary plaintiffs suggestion, the Legislatures motion both
timely and will contribute the just and equitable adjudication the case. Re. onse 2-3. The motion plainly timely. was filed prior the deadline for the tirst
responsive pleading the ease and just days after the enactment 1117. See Dkt.
Entry No. 135 (Order. issued Dec 21, 2010). Intervention also will aid the just and
equitable adjudication the matter will permit the State izona sued
the manner has speci ed. See Ariz. Const. Art. Part Sec. 18, Suits Against State, The legislature shall direct law what rnarmer and what courts suits may
brought against the state).
Second, plaintiff objects interventi basis that that ona has thus far been
 adequate represented Governor. Response undeniable, however. that
the State Arizona. through its Legislature and with the support the Werner, has
determined that the defense 1070 going forward sufficient importance that
special provis 711 law (SB 1117) was enacted. 1117 specifically provides for
defense 1070 the Legislature and the Governor and, critical the Governor
supports this. minimum, adequate representation Arizona must least include
the representation and type defense that the State selects this case, with the
Governor and the Legislature defendants.
Third, intervention will not unduly delay complicate this ase. Response
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Case 2:10-cv-01413-SRB Document 145 Filed 03/07/11 Page
The Legislature already has lodged proposed Answer Intervention (soc Dkt No, 143)
and will fully cooperate with Govei Brewer defending this action. Moreover, this
litigation procedurally less complex this point, most the other lawsuits
challenging, 1070 have already been dismissed signitieantly narrowed. National
Coalition afLaIino Clergy C/zristizm Leaders State o_/.-lr1:m1a, No. l0-00943 (D.
Ar1z., di.mizs.n4zl Jan. 201 Salgado Brewer. No. 10-00951 (D. Ariz., disniissed Jan.
13, 2011); E.mbar Brewer, No. 10-00249 (D. Ariz.. dis1n1s.ez1 Aug. 31, 2010):
[~ri,s zmL-/10 Brewer, No. 10-00926 (D. Ariz., ciisnzisxed Aug. 10); Friendly House
Wliifing, No, 10-1061 (D. Ariz motion dismiss grcmrezl part Oct. 2010):
League United Latin American (.1tzzens State of. mm, No. 10-1453 (D. Ariz.,
motion dismiss gmzzfecl Dec. 15, 2010).
Finally, plaintiff makes the patronizing suggestion that the Legislature happens have arguments that wishes advance, should through defendants
simply aniieus. Response undeniable that the State Arizona has now
unequivocally indicated how wishes sued this case. not the proper role
the United States try dictate how Arizona presents its defense. Arizona entitled
defend itself the manner sees With the permiss this Court, should
allowed so.
For the forgoing reasons, the Legislature respectfully requests that this Court grant leave intervene defendant this action.
 znna 85250
(430)421-1001
Scottsdale,
5~ooo~:o~u-.x>wN>-
,_.
Case 2:10-cv 01413-SRB Document 145 Filed 03/07/11 Page
Dated: March 2011
Respectfully Submitted,
KERCSMAR FELTUS PLLC Genre Kercsr
Geoffrey Kercsmar (#20528)
Gregory Collins (#023158)
6263 North Scottsdale Suite 320
Scottsdale, Arizona 85250
Tel: (480) 421-1001
JUDICIAL WATCH, INC.
Paul Orfanedes
(Motion for admission huc vice led)
James Peterson
(Motion for admission pro hac vice led)
Michael Bekesha
(Motion for admission pro hac vice led)
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
Attorneys for Proposed Intervenor/Defendant
Arizona State Legislazure
Case 2:10-cv-01413vSRB Document 145 Filed 03/07/11 Page
]IFICATE SERVI hereby certify that March 2011, electronically transmitted the foregoing
document the Clerk Office using the CM/ECF System for ling and transmittal
Notice Electronic Filing the CM/ECF registrants records, including:
Tony West
Dennis Burke
Arthur Goldberg
Varu Chilakamarri
Joshua Wilkenfeld
U.S. DEl ARIMENl JUSTICE, CIVIL DIVISION Massachusetts Avenue, N.W.
Washington, 20530
.-- 
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Kercsmar Feltus PLLC
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