1 2 3 4 5 6 Michele Molinario, Bar #020594 Derek R. Graffious, Bar #033486 JONES, SKELTON & HOCHULI, P.L.C. 40 North Central Avenue, Suite 2700 Phoenix, Arizona 85004 Telephone: (602) 263-1700 Fax: (602) 200-7831 mmolinario@jshfirm.com dgraffious@jshfirm.com Attorneys for Defendants City of Flagstaff and Mayor Coral Evans 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 11 Joseph Martin McGhee and Gennaro Stephen Napolitano, Plaintiffs, 12 v. 13 15 The City of Flagstaff; Coral Evans, Sued in her Official Capacity as Mayor of the City of Flagstaff; Doug Ducey, Sued in his Official Capacity as Governor of the State of Arizona, 16 Defendants. 14 NO. 3:20-cv-08081-GMS DEFENDANTS CITY OF FLAGSTAFF AND MAYOR CORAL EVANS’ JOINDER IN GOVERNOR DUCEY’S RESPONSE TO PLAINTIFF’S EMERGENCY EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 17 18 Defendants, City of Flagstaff and Mayor Coral Evans (collectively “City 19 Defendants”), hereby join in Defendant Governor Ducey’s Response to Plaintiff’s 20 Emergency Ex Parte Application for Temporary Restraining Order and Motion for 21 Preliminary Injunction. [Doc. 31] Although Plaintiff’s Emergency Motion is not directed 22 at City Defendants or their Proclamations, the City Defendant’s join in Defendant 23 Governor Ducey’s Response due to the intertwinement of factual and legal arguments 24 made that may be applicable to the City Defendants’ Proclamations that Plaintiff 25 challenges. See Resolution Tr. Corp. v. Blasdell, 154 F.R.D. 675, 683 (D. Ariz. 1993) 26 (acknowledging that a co-defendant has standing to respond to a motion when its position 27 is adverse to the moving party). 28 /// 8433154.1 1 DATED this 5th day of May 2020. 2 JONES, SKELTON & HOCHULI, P.L.C. 3 4 By /s/ Derek R. Graffious Michele Molinario Derek R. Graffious 40 North Central Avenue, Suite 2700 Phoenix, Arizona 85004 Attorneys for Defendants City of Flagstaff and Mayor Coral Evans 5 6 7 8 9 CERTIFICATE OF SERVICE 10 I hereby certify that on this 5th day of May 2020, I caused the foregoing 11 document to be filed electronically with the Clerk of Court through the CM/ECF System 12 for filing; and served on counsel of record via the Court’s CM/ECF system. 13 14 /s/ Cindy Castro 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8433154.1 2