Signed by Judge Dominic W Lanza on 4/28/22. IT IS FURTHER ORDERED that the State's motion for jurisdictional discovery (Doc. Each side's brief, which may not exceed 10 pages, must be filed within 14 days of the issuance of the Supreme Court's decision in Biden v. IT IS FURTHER ORDERED that the parties file supplemental briefing regarding Counts Three and Six. If the State files a SAC, the changes shall be limited to attempting to cure the deficiencies raised in this order and the State shall, consistent with LRCiv 15.1(a), attach a redlined version of the pleading as an exhibit. IT IS FURTHER ORDERED that the State may file a Second Amended Complaint ("SAC") within 14 days of the issuance of the Supreme Court's decision in Biden v. Count Five of the FAC is dismissed with leave to amend. Counts One, Two, and Seven of the FAC are dismissed without leave to amend. Brewer, Governor of the State of Arizona, and the State of ArizonaĬERTIFICATE 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 Notice of Electronic Filing to the CM/ECF registrants on record in this matter.ORDER: IT IS ORDERED that Defendants' motion to dismiss (Doc. Washington, 9th Floor Phoenix, AZ 85007 Attorneys for Janice K. Van Buren Phoenix, AZ 85004-2202 Joseph A. Should this stipulation be approved, Plaintiff would not oppose a similar extension of time for Defendants' reply brief. Second, owing to the press of other litigation matters and the schedules of various officials who are consulted on this matter, the United States' counsel requires additional time to have the United States' response completed and reviewed. The Ninth Circuit has issued a scheduling order pursuant to which briefing and oral argument will be completed by the week of November 1, 2010. First, the parties are currently in discussions regarding scheduling of the various proceedings in light of the Defendants' recently filed appeal of this Court's Order on the United States' Motion for Preliminary Injunction. The parties stipulate to an extension of time for two reasons. Plaintiff's response to Defendants' Motion to Dismiss is currently due on August 12, 2010. This is the first stipulation seeking an extension of time. 7.3, by and between the parties hereto, through their undersigned counsel, that Plaintiff shall receive a fourteen (14) day extension of time to August 26, 2010, to file its response to Defendants' Motion to Dismiss. The standard for deciding a motion to dismiss under Rule 12(b)(6) is well settled: The trial court may not grant a motion to dismiss for failure to state a claim 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' Usher v. Washington, DC 20530 IT IS HEREBY STIPULATED, pursuant to LRCiv. Department of Justice, Civil Division 20 Massachusetts Avenue, N.W. Goldberg Assistant Director, Federal Programs Branch /s/ Varu Chilakamarri Varu Chilakamarri (NY Bar #4324299) Joshua Wilkenfeld (NY Bar #4440681) U.S. 2:10-cv-1413-PHX-SRB STIPULATION AND REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS (FIRST REQUEST)ġ 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 2 DATED: AugRespectfully Submitted, Tony West Assistant Attorney General Dennis K. Brewer, Governor of the State of Arizona, in her Official Capacity, No. Washington, 9th Floor Phoenix, AZ 85007 Phone: (602) 542-1586 Fax: (602) 542-7602 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA The United States of America, Plaintiff, v. Kanefield (#015838) Office of Governor Janice K. 7 creates a presumption that the party does not controvert the facts set out by movant and has no evidence to offer in opposition to the motion. (202) 616-8489/Fax (202) 616-8470 Attorneys for the United States John J. An opposing partys failure to oppose a motion in the manner prescribed in the Eastern Districts. Goldberg Assistant Director, Federal Programs Branch Varu Chilakamarri (NY Bar #4324299) Joshua Wilkenfeld (NY Bar #4440681) U.S. Tony West Assistant Attorney General Dennis K.
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