IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

United States of America, Plaintiff, vs. State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants.

No. ____________ No. CV 10-1413-PHX-SRB MOTION TO VOID THE ORDER OF THE COURT FOR LACK OF JURISDICTION

MOTION TO VOID THE ORDER OF THE COURT

FOR LACK OF JURISDICTION

Comes now, the State of Arizona and Janice K. Brewer, Defendants in the above captioned cause, to Move this honorable court, under the Federal Rules of Civil Procedure, Rule 60(b)(4), to immediately VOID the Order of the federal district court for LACK OF JURISDICTION for want of constitutional original jurisdiction.

Article III, Section 2, Clause 2 of the United States Constitution plainly and clearly states:

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party, the supreme Court shall have original Jurisdiction” (emphasis added)

By this provision of the Constitution of the United States of America, the federal district Courts are entirely removed from any and all exercisable jurisdiction to hear or entertain arguments in this matter where the State of Arizona has been made a named party to the action. Jurisdiction over actions where the State is named as a party to the action is plainly and clearly placed exclusively with the Supreme Court of the United State of America.

Therefore the federal district court held no true legal jurisdiction to issue any Order in this matter, and has plainly and clearly acted without original jurisdiction to take any action through the issuance of any Order, deciding for or against any argument.

Pursuant to the Federal Rules of Civil Procedure, Rule 60(b), the district court "may relieve a party or its legal representative from a final judgment, Order, or proceeding" if, inter alia, "the judgment is void." Fed.R.Civ.P. 60(b)(4). "Generally, a judgment is void under Rule 60(b)(4) if the court that rendered it lacked jurisdiction of the subject matter, or of the parties, or if it acted in a manner inconsistent with due process of law." Burke, 252 F.3d at 1263 (internal quotation marks omitted).

Summary & Conclusion

Therefore, under the Constitution of the United States of America and Fed.R.Civ.P, Rule 60(b), the Defendants now move this honorable court to VOID the Order of the Court in its entirety for lack of original jurisdiction.

Respectfully submitted,

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Counsel for Defendants