Miscellaneous Relief, State of Arizona v. Yellen, No. 2:21-cv-00514 (D. Ariz.), Doc. 80 (October 7, 2022)
Summary
Joint Motion to Set Briefing Schedule in State of Arizona v. Janet Yellen, No. 2:21-cv-00514, filed October 7, 2022. The parties conferred about how to proceed in light of the Ninth Circuit Memorandum Order. Plaintiff has filed a renewed preliminary-injunction motion and a motion to consolidate it with a trial on the merits, while Defendants believe the merits can be adjudicated on the previous briefing and argument, with supplemental briefing as the Court deems necessary. The proposed schedule sets Defendants' combined opposition and cross motion to dismiss for November 4, 2022, Plaintiff's combined reply and opposition for November 25, 2022, and Defendants' reply for December 16, 2022. If the status conference goes forward, the parties ask that it take place by telephone or videoconference.
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“Miscellaneous Relief, State of Arizona v. Yellen, No. 2:21-cv-00514 (D. Ariz.), Doc. 80 (October 7, 2022).”
Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/miscellaneous-relief-state-of-arizona-v-yellen-no-2-21-cv-00514-d-ariz-d73dd7ca9c/
, SHA-256 b15b01df4401f3afb9de1ff03b284b7238e230a9991675435f4141d00b000c48.Full text
Case 2:21-cv-00514-ROS Document 80 Filed 10/07/22 Page 1 of 3
1 BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
2 ALEXANDER K. HAAS
3 Director, Federal Programs Branch
BRIGHAM J. BOWEN
4
Assistant Director, Federal Programs Branch
5 MICHAEL P. CLENDENEN
6 STEPHEN EHRLICH
Trial Attorneys
7
U.S. Department of Justice
8 Civil Division, Federal Programs Branch
9
100 L Street, NW
Washington, DC 20005
10 Tel.: (202) 305-9803
11 Email: stephen.ehrlich@usdoj.gov
12 Counsel for Defendants
13
14 UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
15
16 Case No. 2:21-cv-00514-DJH
State of Arizona,
17
18 Plaintiff, JOINT MOTION TO SET
BRIEFING SCHEDULE
19
v.
20
21 Janet Yellen, in her official capacity as
Secretary of the Treasury, et al.,
22
23 Defendants.
24
25
26
27
28
Case 2:21-cv-00514-ROS Document 80 Filed 10/07/22 Page 2 of 3
1 Under the Court’s order, the parties have conferred about “the manner in
2 which they would like to proceed in this matter in light of the Ninth Circuit Man-
3 date and Memorandum Order.” ECF No. 77. Plaintiff has filed a renewed pre-
4 liminary-injunction motion and a motion to consolidate its motion with a trial on
5 the merits under Fed. R. Civ. P. 65(a)(2). ECF Nos. 78 & 79. Defendants believe
6 that the merits of this case can be adjudicated on the previous briefing and argu-
7 ment, with supplemental briefing as the Court deems necessary. See ECF Nos.
8 11, 31, 32-1, 47, 48, 59, 60. Plaintiff believes the briefing schedule below is neces-
9 sary, particularly in light of recent case law discussed in Plaintiff’s renewed mo-
10 tion, which has emerged since the filing of Plaintiff’s original preliminary-
11 injunction motion.
12 If the parties are to litigate Plaintiff’s preliminary-injunction motion, De-
13 fendants agree that this motion may be consolidated with a trial on the merits
14 under Fed. R. Civ. P. 65(a)(2), and the parties further agree on the following brief-
15 ing schedule:
16 Brief Due Date Page Limit
Plaintiff’s renewed motion for pre- October 7, 2022
17 17 pages
liminary and permanent injunction (already filed)
18 Defendants’ combined opposition
to Plaintiff’s motion and cross mo- November 4, 2022 17 pages
19
tion to dismiss
20 Plaintiff’s combined reply in sup-
21 port of its motion and opposition November 25, 2022 17 pages
to Defendants’ motion
22
Defendants’ reply in support of
23
December 16, 2022 11 pages
their motion
24 The parties therefore request that the Court enter the above-referenced schedule;
25 a proposed order is attached. If the Court would like to proceed with the Octo-
26 ber 18, 2022 status conference, the parties request that this conference be held tel-
27 ephonically or by videoconference.
28
Joint Mot. to Set Briefing Schedule| 1
2:21-cv-00514-DJH
Case 2:21-cv-00514-ROS Document 80 Filed 10/07/22 Page 3 of 3
1 DATED: October 7, 2022 Respectfully submitted,
2 MARK BRNOVICH BRIAN M. BOYNTON
3 ARIZONA ATTORNEY GENERAL Principal Deputy Assistant
Attorney General
4
By: /s/Linley Wilson
5 Brunn W. Roysden III (No. 28698) ALEXANDER K. HAAS
6 Drew C. Ensign (No. 25463) Director, Federal Programs Branch
Linley Wilson (No. 027040)
7
Andrew Reilly (No. 029138) BRIGHAM J. BOWEN
8 Robert Makar (No. 33579) Assistant Director, Federal Programs
9
Assistant Attorneys General Branch
10 Attorneys for Plaintiff /s/ Stephen Ehrlich
11 MICHAEL P. CLENDENEN
STEPHEN EHRLICH
12
Trial Attorneys
13 Civil Division,
14 Federal Programs Branch
U.S. Department of Justice
15 1100 L Street, NW
16 Washington, DC 20005
Phone: (202) 305-9803
17
Email: stephen.ehrlich@usdoj.gov
18
19 Attorneys for Defendants
20
21
22
23
24
25
26
27
28
Joint Mot. to Set Briefing Schedule| 2
2:21-cv-00514-DJH
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