Free Motion for Extension of Time - 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) UNOPPOSED MOTION FOR ENLARGEMENT DISPOSITIVE MOTION DEADLINE

Defendant Vega, through undersigned counsel, moves to enlarge the dispositive motion deadline currently set for June 29, 2006, by sixty days to and including August 28, 2006. Under Fed. R. Civ. P. 6(b), the Court for cause shown may exercise its discretion to enlarge litigation deadlines. Defendants submit that the circumstance set forth below constitute sufficient cause for this Court to exercise its discretion to grant the requested enlargement. Furthermore, on June 20, 2006, counsel contacted Plaintiff Smith who agreed to the proposed extension. The reason for the request is the press of work on Misty D. Guille, the Assistant Attorney General assigned to this matter. Among other things, counsel has been or will be working on the following:

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1.

Engaged in numerous conversations with the Plaintiff's counsel from May

2006 through the present in McDonald v. Schuster, U. S. District Court No. CV02-1357PHX-SRB (VAM), in order to facilitate discovery and schedule depositions (most of which were rescheduled at least once); 2. Prepared discovery responses, mailed May 23, 2006--and preparing

supplemental discovery responses--in McDonald v. Schuster, U. S. District Court No. CV02-1357-PHX-SRB (VAM); 3. Prepared for and conducted the Plaintiff Smith's deposition in the present

case on May 26, 2006; 4. Prepared for and conducted the Plaintiff's deposition on June 1, 2006, in

Horn v. Schriro, U. S. District Court No. CV04-2014-PHX-SMM (LOA); 5. Engaged in negotiations with Plaintiff's counsel and prepared Stipulation to

Dismiss, filed 5/30/06, in Krausch v. State, Maricopa County Superior Court Case No. Case No. CV2005-008970; 6. Preparing for and conducting or defending the following depositions in

McDonald v. Schuster, U. S. District Court No. CV02-1357-PHX-SRB (VAM): a. Deposition of Defendant on June 2, 2006, in Florence, AZ b. Deposition of Witness McDonald on June 2, 2006, in Florence, AZ c. Deposition of Plaintiff on June 5, 2006, in Tucson, AZ d. Deposition of Witness Rankin on June 16, 2006, in Phoenix, AZ e. Telephonic deposition of Witnesses Sheridan and Hays on June 19, 2006 f. Deposition of Witness Arizona Department of Corrections (pursuant to Fed. R. Civ. P. 30(b)(6)) on June 21, 2006, in Phoenix, AZ g. Telephonic deposition of Witnesses Dison and Strubeck on June 22, 2006 h. Deposition of Witness Valeros on June 22, 2006, in Phoenix, AZ i. Deposition of Witness Bartram on June 26, 2006, in Phoenix, AZ

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j. Possible continued deposition of witness Arizona Department of Corrections on June 26, 2006; Review and respond as necessary to Plaintiff's numerous filings, letters, and

discovery requests in Horn v. Schriro, U. S. District Court No. CV04-2014-PHX-SMM (LOA); 8. Review and respond as necessary to Plaintiff's numerous filings in Greer v.

Harkins, Maricopa County Superior Court Case No. LC-2006-000220-001DT; 9. Review and respond as necessary to Plaintiff's numerous filings in Greer v.

State, Arizona Court of Appeals Case No. 1 CA-CV 06-0005; 10. Prepared a Response and Motion to Dismiss Special Action, filed on May 9,

2006, and filed a Reply in support thereof on June 6, 2006 in Greer v. Harkins, Maricopa County Superior Court Case No. LC-2006-000220-001DT; 11. Prepared discovery responses, mailed June 6, 2006, in Jennings v. Huizar,

U. S. District Court No. CV05-1365-PHX-JAT (JRI); 12. Prepared a Motion to Dismiss State-Law Claims and Motion for

Enlargement to File Responsive Pleading on April 25, 2006, and filed a Reply in support thereof on June 9, 2006, in Morris v. Schriro, U. S. District Court No. CV2005-0515PHX-JAT (JRI); 13. Prepared a Response in Opposition to Motion for Temporary Restraining

Order and Preliminary Injunction, filed June 12, 2006, in Morris v. Schriro, U. S. District Court No. CV2005-0515-PHX-JAT (JRI); 14. Prepared an Answer for Defendant Jones, filed June 14, 2006, in Rocha v.

Schriro, U. S. District Court No. CV05-1565-PHX-ROS (DKD); 15. Spoke and corresponded with Plaintiff to prepare a Joint Discovery Plan,

filed June 20, 2006, in Jennings v. Huizar, U. S. District Court No. CV05-1365-PHX-JAT (JRI);

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16.

Preparing an Initial Disclosure Statement, due to be filed June 26, 2006, in

Arriaga v. State, Maricopa County Superior Court Case No. CV2005-092974; 17. Preparing an Answering Brief, due to be filed June 26, 2006, in Reed v.

ADC, Arizona Court of Appeals Case No. 1 CA-CV 06-0217; 18. Preparing the Joint Pretrial Order in McDonald v. Schuster, U. S. District

Court No. CV02-1357-PHX-SRB (VAM), due to be filed July 10, 2006, after which counsel anticipates the scheduling of a firm trial date; 19. Preparing responsive pleading to Complaint, due to be filed July 28, 2006, in

Johnson v. Schriro, U. S. District Court No. USDC CV 2004-2741-PHX-FJM; 20. Preparing Motion for Summary Judgment, due to be filed August 1, 2006, in

Horn v. Schriro, U. S. District Court No. CV04-2014-PHX-SMM (LOA), unless an extension is requested and granted; This press of business has left counsel unable to devote the time necessary to prepare the dispositive motion in the present matter, and Defendant requests an extension in good faith and not for the purpose of delay. Defendant believes the enlargement will not prejudice Smith. WHEREFORE, Defendant respectfully requests that the Court enlarge the deadline for completion of dispositive motions for sixty days to and including August 28, 2006. RESPECTFULLY SUBMITTED this 22nd day of June 2006. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant

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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
IDS05-0353/RM#G2004-22020 965048

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