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Reply to Response to Motion, State of Arizona v. Yellen, No. 2:21-cv-00514 (D. Ariz.), Doc. 36 (May 11, 2021)

Summary

The State of Arizona's reply to the Secretary's response to its motion for leave to exceed the page limit, in State of Arizona v. Janet Yellen, Secretary of the Treasury, et al., No. 2:21-cv-00514-DJH, U.S. District Court for the District of Arizona, Doc. 36, dated May 11, 2021. The reply addresses the Secretary's response opposing leave for an additional two pages (Doc. 33). It states that the State had opposed only the inclusion of page limits in the joint motion to set a briefing schedule (Doc. 14). The conclusion asks that the expansion of the applicable page limit from 11 to 13 pages be granted.

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Cite this document

“Reply to Response to Motion, State of Arizona v. Yellen, No. 2:21-cv-00514 (D. Ariz.), Doc. 36 (May 11, 2021).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/reply-to-response-to-motion-state-of-arizona-v-yellen-no-2-21-cv-00514-17c3cf0912/, SHA-256 1ce555d86c13710b958fd60675312523ae7d5c90a17c599b9ca8fd1f16c30948.

Full text

      Case 2:21-cv-00514-DJH Document 36 Filed 05/11/21 Page 1 of 3




 1   MARK BRNOVICH
     ATTORNEY GENERAL
 2   (Firm State Bar No. 14000)
 3   Joseph A. Kanefield (No. 15838)
     Brunn (Beau) W. Roysden III (No. 28698)
 4   Drew C. Ensign (No. 25463)
 5   Robert J. Makar (No. 33579)
     2005 N. Central Ave
 6   Phoenix, AZ 85004-1592
 7   Phone: (602) 542-8958
     Joe.Kanefield@azag.gov
 8   Beau.Roysden@azag.gov
     Drew.Ensign@azag.gov
 9
     Robert.Makar@azag.gov
10   Attorneys for Plaintiff State of Arizona
11                         UNITED STATES DISTRICT COURT
12                               DISTRICT OF ARIZONA
13                                                No. 2:21-cv-00514-DJH
14    State of Arizona,
                                                  STATE’S REPLY TO RESPONSE
15                 Plaintiff,                     IN SUPPORT OF ITS MOTION
            v.                                    FOR LEAVE TO EXCEED PAGE
16
      Janet Yellen, in her official capacity as   LIMIT
17    Secretary of the Treasury et al.;
                    Defendants.
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       Case 2:21-cv-00514-DJH Document 36 Filed 05/11/21 Page 2 of 3




 1                                  REPLY TO RESPONSE
 2          The State respectfully disagrees with the contentions advanced by the Secretary in
 3   her response opposing leave for an additional two pages (Doc. 33). The State only
 4   opposed inclusion of page limits in the joint motion to set a briefing schedule (Doc. 14).
 5   As to pages generally, the State represented that it was very familiar with the need to
 6   defend statutes fully against constitutional challenge, as it often does so itself.     It
 7   therefore explained that although it had abided by the 17-page limit in its motion, it
 8   would not oppose an expansion of the page limits for the Secretary’s response as long as
 9   it received a commensurate increase in pages for its Reply. That was apparently
10   misunderstood as opposition to any page increase of any sort.
11          In any event, the Secretary recognizes (at 1) the federal government “would
12   ordinarily consent to a page extension” in these circumstances. The Secretary’s default
13   recognition that additional pages would typically be warranted here is further reason to
14   grant the State’s request.
15          Finally, the State also shares the Secretary’s goal to have mutually agreeable
16   resolution of such administrative matters going forward.
17                                       CONCLUSION
18          For the foregoing reasons, the State’s request for an expansion of the applicable
19   page limit from 11 to 13 pages should be granted.
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     Case 2:21-cv-00514-DJH Document 36 Filed 05/11/21 Page 3 of 3




 1       RESPECTFULLY SUBMITTED this 11th day of May, 2021.
 2
 3                                    MARK BRNOVICH
                                      ATTORNEY GENERAL
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 5                                    By s/ Drew C. Ensign
                                         Joseph A. Kanefield (No. 15838)
 6                                       Brunn W. Roysden III (No. 28698)
 7                                       Drew C. Ensign (No. 25463)
                                         Robert J. Makar (No. 33579)
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                                         Attorneys for Plaintiff State of Arizona
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