Free Response in Opposition to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General Misty D. Guille Assistant Attorney General State Bar No. 020830 1275 West Washington Phoenix, AZ 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Karen Jean Smith, Plaintiff, v. Linda Vega, et al., Defendants. No. CV 04-00558-PHX-EHC (CRP) RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO AMEND COMPLAINT

Defendant Vega, through undersigned counsel, responds in opposition to Plaintiff's Motion to Amend Complaint (dkt. 37), for the following reasons: Smith's request to amend her Complaint (dkt. 1) at this late point in litigation --the parties have completed discovery and Smith's deposition has been taken -- would prejudice the Defendant. Dispositive motions are due shortly.1 Smith does not provide a reason for her request and she does not explain her delay in seeking to amend her complaint. Furthermore, she fails to comply with Local Rule 15.1, which requires a party who moves for leave to amend a pleading to identify the text to be deleted and/or added. The Court set the dispositive motion deadline for June 29, 2006. (See dkt. 30.) Defendant filed an unopposed motion for extension of that deadline to and including August 28, 2006. (Dkt 36.) The Court has not yet ruled on that motion.
Case 2:04-cv-00558-EHC Document 40 Filed 06/30/2006 Page 1 of 2
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Accordingly, Defendant respectfully requests that the Court deny Smith's Motion to Amend Complaint (dkt. 37). RESPECTFULLY SUBMITTED this 30th day of June 2006. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on the same day, I served the attached document and Notice of Electronic Filing by mail on the following, who are not registered participants of the CM/ECF System: Karin Jean Smith, ADC # 86673 ASPC-PV Bldg 36-129 P.O. Box 3400 Goodyear, AZ 85338-0905 Plaintiff Pro Per /s Misty D. Guille
IDS04-0387/RM#G2004-20893 967673

Case 2:04-cv-00558-EHC

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Filed 06/30/2006

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