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 OF DISCOVERY AND DISPOSITIVE MOTION DEADLINES

Defendant Vega, through undersigned counsel, moves to enlarge the remaining deadlines set forth in the Court's Scheduling Order filed November 15, 2005, pursuant to Fed. R. Civ. P. 6(b). Defendant proposes to change the deadlines as follows: Event Discovery to be completed (including Plaintiff's deposition) Dispositive motions to be filed Joint Pretrial Order to be filed Current Deadline April 14, 2006 May 15, 2006 June 16, 2006 Proposed Deadline May 30, 2006 June 29, 2006 July 31, 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

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enlargement. Furthermore, on March 6, 2006, counsel contacted Smith and she agreed to the proposed extensions.1 The reasons for the request are: (1) the press of work on Misty D. Guille, the Assistant Attorney General assigned to this matter; (2) the Department of Corrections Unit (which falls within the Liability Management Section of the Attorney General's Office) continues to suffer a personnel shortage of attorneys and support staff; and (3) counsel will be absent from March 21, 2006, through April 4, 2006. Among other things, counsel has been or will be working on the following: i. Prepared Answering Brief, filed February 10, 2006, in Booth v. Schriro, et

al., U. S. Court of Appeals Ninth Circuit No. 05-17083; ii. Prepared an Initial Disclosure Statement, mailed February 13, 2006, in Smith

v. Vega, et al., U. S. District Court No. CV 04-0558 PHX-EHC (CRP); iii. Prepared an Initial Disclosure Statement, mailed February 17, 2006, in

Dunlap v. Schriro, et al., Maricopa County Superior Court No. CV2005-009284; iv. Began preparing Motion for Summary Judgment in Dunlap v. Schriro, et al.,

Maricopa County Superior Court No. CV2005-009284, but was unable to complete in sufficient time for the parties to fully brief the matter before the Scheduling Conference set for March 20, 2006--counsel has set this motion aside in order to focus on other deadlines; v. Attended a mediation held March 2, 2006, in place of Assistant Attorney

General Michael Brodsky, co-counsel in Allen v. Arizona Department of Corrections, et al., Maricopa County Superior Court Case No. CV2003-009311; vi. Preparing for oral argument in support of Defendants' Motion to Dismiss,

scheduled for March 9, 2006, in Dunlap v. State of Arizona, et al., Maricopa County Case No. CV2005-017777;

Counsel's request to Smith suggested an extension to May 29, 2006, for completion of discovery, but later realized that day is a holiday.
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vii.

Evaluating whether to prepare a dispositive motion regarding the affirmative

defense of (civil rights) qualified immunity, to be filed on or before March 15, 2006, in Horn v. Schriro, et al., U. S. District Court No. CV 04-2014 PHX SMM (LOA); viii. Preparing a joint pretrial memorandum in cooperation with the inmate

plaintiff, due to be filed March 17, 2006, in McDonald v. Schuster, U. S. District Court No. 02-1357 PHX SRB (VAM); ix. Preparing an Answer or Motion to Dismiss, due March 20, 2006, in Morris

v. Schriro, et al., U. S. District Court Case No. CV 2005-515 PHX-JAT (JRI); x. Preparing an Answering Brief, due March 20, 2006, in Rivera v. Schriro, et

al., Arizona Court of Appeals No. CV2005-008393; xi. Preparing an Answer or Motion to Dismiss, due March 31, 2006, in Rocha v.

Schriro, et al., U. S. District Court Case No. 2005-1565 PHX-ROS (DKD); xii. Obtaining an expert witness to provide an opinion, due to be disclosed on

April 13, 2006, in Krausch v. State of Arizona, Maricopa County Superior Court Case No. CV2005-008970; xiii. Preparing an Answer or Motion to Dismiss on behalf of Defendant Jones,

due to be filed April 14, 2004, in Horn v. Schriro, et al., U. S. District Court No. CV 042014 PHX SMM (LOA); xiv. Preparing to depose Plaintiff on or before May 1, 2006, in Horn v. Schriro, et

al., U. S. District Court No. CV 04-2014 PHX SMM (LOA); xv. Preparing responses to multiple motions and discovery requests in Horn v.

Schriro, et al., U. S. District Court No. CV 04-2014 PHX SMM (LOA). This press of business has left counsel unable to devote the time necessary to prepare for Smith's deposition 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 but will benefit both parties.

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WHEREFORE, Defendant respectfully requests that the Court enlarge the deadlines for completion of discovery, dispositive motions, and the joint pretrial order. RESPECTFULLY SUBMITTED this 6th day of March 2006. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant COPY of the foregoing and Notice of Electronic Filing mailed the same date to: Karin Jean Smith, ADC # 86673 ASPC-Perryville/Santa Maria Unit P.O. Box 3400 Goodyear, AZ 85338-3400 Plaintiff Pro Per /s Misty D. Guille
IDS04-0387/RM#G04-20893 950151

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