Free Motion for Extension of Time - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General State Bar No. 022124 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Sheldon Walker, Plaintiff, v. Dora Schriro, et al., Defendants. Defendants1, through undersigned counsel, move the Court to stay the time to file the Joint Pretrial Motion for 60 days from the Court's ruling on the parties' dispositive motions. This motion is supported by good cause and is not made to cause undue delay. This motion is supported by the Memorandum of Points and Authorities attached hereto. RESPECTFULLY SUBMITTED this 14th day of September, 2006. TERRY GODDARD Attorney General DEFENDANTS' THIRD MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT PRETRIAL ORDER No: CV04-0691-PHX-MHM (LOA)

s/ Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants
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Dora Schriro, Conrad Luna and Barbara Shearer. Document 61 Filed 09/14/2006 Page 1 of 4

Case 2:04-cv-00691-MHM-LOA

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MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Defendants filed a Motion for Summary Judgment on February 13, 2006 (Dkt. 33) and Plaintiff filed his Motion for Summary Judgment on February 10, 2006 (Dkt. 35). On April 17, 2006, the Court entered an Order extending the time to file the Joint Pretrial Order until June 30, 2006. (Dkt. 48.) On June 14, 2006, the Court ordered that both motions were ready for consideration. (Dkt. 58.) On July 11, 2006, the Court entered an Order extending the time to file the Joint Pretrial Order until September 15, 2006. (Dkt. 60.) Because the summary judgment motions are pending before the Court, undersigned counsel requests the Court stay the deadline for the Joint Pretrial Order until after the Court rules on the parties' dispositive motions. II. LEGAL ARGUMENT Rule 6 (b), Federal Rules of Civil Procedure, permits the Court for cause shown in its discretion, to grant an appropriate extension of time to comply with an order of the Court. In this case the Plaintiff will not be prejudiced. The length of enlargement sought by counsel will most likely have a positive rather than a negative impact on the judicial proceedings by eliminating issues and arguments which are unsupported as a matter of law. Defendants' counsel asserts that the reasons set forth above constitute good cause for the Court to exercise its discretion. Therefore, Defendants respectfully request an enlargement of 60 days from Court's ruling on the parties' dispositive motions.

Case 2:04-cv-00691-MHM-LOA

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RESPECTFULLY SUBMITTED this 14th day of September, 2006. TERRY GODDARD Attorney General s/ Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants

Original e-filed this 14th day of September, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Sheldon Walker, #102833 ASPC-Eyman-SMUII Post Office Box 3400 Florence AZ 85232 s/A. Palumbo Legal Secretary to Catherine M. Bohland IDS04-0455/RSK:G #978761

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _____________________________________ Honorable Judge Mary H Murguia The Court having considered Defendants' motion for enlargement of time and Plaintiff's response, and finding good cause: IT IS ORDERED that Defendants' motion is GRANTED and the deadline to file the Joint Pretrial Motion is stayed and the deadline is extended until 60 days from the date the Court rules on the parties' dispositive motions. v. Dora Schriro, et al., Defendants. Sheldon Walker, Plaintiff, ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No: CV04-0691-PHX-MHM (LOA)

Case 2:04-cv-00691-MHM-LOA

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