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MARK BRNOVICH 

ATTORNEY GENERAL

Drew C. Ensign (No. 25463) 

Oramel H. (O.H.) Skinner (No. 32891) 

Brunn (Beau) W. Roysden III (No. 28698) 

Evan G. Daniels (No. 30624) 

Keith J. Miller (No. 29885) 

Aaron Duell (No. 33450) 

 Assistant Attorneys General 

2005 N. Central Avenue 

Phoenix, Arizona 85004 

Telephone: (602) 542-5200 

Drew.Ensign@azag.gov 

Attorneys for Defendant Mark Brnovich 

in his official capacity as Attorney General 

and Proposed Intervenor-Defendant 

State of Arizona 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Mikkel Jordahl; Mikkel (Mik) Jordahl, 

P.C., 

 Plaintiffs, 

vs. 

Mark Brnovich, Arizona Attorney 

General; Jim Driscoll, Coconino County 

Sheriff; Matt Ryan, Coconino County 

Board of Supervisors Chair; Lena 

Fowler, Coconino County Board of 

Supervisors Vice Chair; Elizabeth 

Archuleta Coconino County Board of 

Supervisors Member; Art Babbott, 

Coconino County Board of Supervisors 

Member; Jim Parks, Coconino County 

Board of Supervisors Member; Sarah 

Benatar, Coconino County Treasurer, all 

in their official capacities, 

 Defendants. 

Case No: 3:17-cv-08263-PCT-DJH 

DEFENDANTS’ UNOPPOSED MOTION 

FOR EXTENSION OF TIME (First 

Request) 

Case 3:17-cv-08263-DJH Document 43 Filed 02/20/18 Page 1 of 4
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MOTION 

Defendant Mark Brnovich in his official capacity and Proposed-Intervenor State 

of Arizona (collectively, the “State”) hereby move a 14-day extension of time to file a 

Reply to Response in support of the State’s Motion to Dismiss (Doc. 28), from March 1 

to March 15. Plaintiff does not oppose this requested extension.1

Good cause supports this request. Lead counsel for the State has recently become 

ill, which has hindered the State’s ability to prepare its reply brief. In addition, counsel 

for the State has extensive other commitments during the present nine-business-day reply 

period. Between the State’s three principal counsel, counsel for the State have three 

expert depositions, out-of-state travel for a multi-state investigation, a pending petition 

under A.R.S. § 41-194.01, preparation for a March 2 hearing on motions to dismiss in 

State of Arizona ex rel. Mark Brnovich, Attorney General v. Arizona Board of Regents, 

No. CV2017-012115 (Ariz. Sup. Ct.), and multi-day in-house training, as well as other 

professional obligations. A short extension of time is warranted to permit the State to 

prepare its reply brief in a manner that will best facilitate this Court’s resolution of the 

issues presented. 

 This motion is further supported by the importance of the issues presented. 

Plaintiffs seek to invalidate—facially and statewide—a March 2016 statute enacted by 

bipartisan supermajorities of the Arizona legislature. Considerations of both federalism 

and separation of powers militate in favor of a short extension, which would permit the 

State to defend adequately the constitutionality of enactments of Arizona’s 

democratically elected representatives. Moreover, the importance of these issues has 

been underscored by the groundswell of amicus curiae support in support of the State. 

See Docs. 30, 32, 33, 35, 37 and 41. 

 

1

 This time has not previously been extended, although it was previously shortened by a 

single day. See Docs. 16-17. The County Defendants consent to this extension. 

Case 3:17-cv-08263-DJH Document 43 Filed 02/20/18 Page 2 of 4
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Respectfully submitted this 20th day of February, 2018. 

MARK BRNOVICH 

ATTORNEY GENERAL 

By: s/ Drew C. Ensign 

Drew C. Ensign (No. 25463) 

Oramel H. (O.H.) Skinner (No. 32891) 

Brunn (Beau) W. Roysden III (No. 28698) 

Evan G. Daniels (No. 030624) 

Keith J. Miller (No. 29885) 

Aaron M. Duell (No. 033450) 

Attorneys for Defendant Mark Brnovich in his 

official capacity as Attorney General and 

Proposed Intervenor-Defendant State of 

Arizona 

Case 3:17-cv-08263-DJH Document 43 Filed 02/20/18 Page 3 of 4
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CERTIFICATE OF SERVICE 

 I hereby certify that on this 20th day of February, 2018, I caused the foregoing 

document to be electronically transmitted to the Clerk’s Office using the CM/ECF 

System for Filing and transmittal of a Notice of Electronic Filing to the following 

CM/ECF registrants: 

Kathleen E. Brody 

Darrell L. Hill 

ACLU Foundation of Arizona 

3707 North 7th Street, Suite 235 

Phoenix, AZ 85014 

Telephone: (602) 650-1854 

kbrody@acluaz.org 

dhill@acluaz.org 

Brian Hauss 

Vera Eidelman 

Ben Wizner 

Speech, Privacy & Technology Project 

125 Broad Street, 18th Floor 

New York, NY 10004 

Telephone: (212) 549-2500 

bhauss@aclu.org 

veidelman@aclu.org 

bwizner@aclu.org 

ACLU Foundation 

Rose Winkeler (No. 025023) 

110 E Cherry Avenue 

Flagstaff, AZ 86001 

Telephone: (928) 679-8200 

rwinkeler@coconino.az.gov 

 s/ Drew C. Ensign 

Attorney for Defendant Mark Brnovich in his official capacity as Attorney General 

Case 3:17-cv-08263-DJH Document 43 Filed 02/20/18 Page 4 of 4