Free Set Deadlines - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA THE HONORABLE JOHN W. SEDWICK

v.

JOHN B. KNIGHT, JR., et al. CASE NO. CIV 04-626 PHX (JWS)

PROCEEDINGS: ORDER FROM CHAMBERS October 31, 2007 _____________________________________________________________________ The court has reviewed the notice of settlement at docket 53 and thanks counsel for keeping the court advised. In the notice, it is requested that the court stay the briefing schedule respecting the motion for summary judgment at docket 38 for an additional 60 days so the settlement can be concluded. An examination of the record shows that the motion was originally filed in May, with a response filed in July. Only the reply remains outstanding. While the court is optimistic that the settlement will be concluded, in the unlikely event that it is not, then the underlying motion would be based on briefing that in large part would be out of date--facts and law both can change over a period of many months. Accordingly, instead of staying the briefing schedule, the court will deny the motion at docket 38 without prejudice and with leave to file a new motion if the case is not settled. If it becomes necessary to file a new motion, it shall be filed within 20 days of the date that the parties notify the court that the settlement cannot be concluded. In support of any such new motion, plaintiff may either file a fresh set of papers or file a simple motion supported by reference to the papers previously filed. Similarly, defendants may either adopt their original response by reference or file a new one. Plaintiff would then file a reply.

For the reasons above, the motion at docket 38 is DENIED without prejudice.

Unless closing papers are sooner filed, the parties shall file an updated status report on January 14, 2008. ______________________

Case 2:04-cv-00626-JWS

Document 54

Filed 10/31/2007

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