Free Response - District Court of Arizona - Arizona

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Terry Goddard Attorney General Susanna C. Pineda, Bar No. 011293 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert DeLeon, No. CV 04-0446 PHX JAT Plaintiff, v. Dora Schriro, et al., Defendants. The parties, by and through undersigned counsel, and in response to this Court's Order of August 21, 2007, the parties respectfully advise the Court that they are not available to participate in a trial of this matter on any of the dates specified in the Courts Order. For the reasons set forth below, the Parties respectfully ask, this Court to set this matter for trial in early December 2007, at the earliest. Counsel provide the following reasons for this request: · On August 23, 2007, Arizona Governor Janet Napolitano appointed Susanna Pineda, counsel for Defendants, to the Maricopa County Superior Court and She is tentatively scheduled to take the bench on September 17, 2007. The office of the Arizona Attorney General is initiating efforts to appoint counsel to replace Ms. Pineda in this matter.
Case 2:04-cv-00446-JAT Document 249 Filed 08/24/2007 Page 1 of 3

JOINT RESPONSE TO ORDER (Dkt 246) RE:PROPOSED TRIAL DATES

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· Plaintiff was arrested in March of 2007 and charged with four felony offenses in Maricopa County Superior Court cause number CR2007-115580001 DT and has been incarcerated since that time. · Plaintiff's his criminal trial management conference is scheduled for October 4, 2007, with his criminal trial scheduled to begin on October 9, 2007 at 10:30 a.m. (See Attached Minute Entry Dated July 19, 2007). · If Plaintiff is convicted of the charged offenses, he will remain in the custody of the Maricopa County Sheriff pending sentencing which would occur sometime in mid to late November. · The charges Plaintiff faces are subject to mandatory prison under Arizona sentencing statutes. As a result, following sentencing, Plaintiff will need to be processed into the custody of the Arizona Department of Corrections. This process can take up to two weeks to complete. Under the circumstances, Plaintiff will not be available until mid or late November. RESPECTFULLY SUBMITTED this 24th day of August, 2007. Terry Goddard Attorney General s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendants S/ Stephen G. Montoya StephenG.Montoya Attorney for Plaintiff

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Case 2:04-cv-00446-JAT Document 249 Filed 08/24/2007 Page 2 of 3

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Original e-filed this 24th day of August, 2007, 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:

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Case 2:04-cv-00446-JAT Document 249 Filed 08/24/2007 Page 3 of 3

Stephen G. Montoya, Esq. Montoya Jimenez, P.A. The Great American Tower 3200 North Central Avenue, #2550 Phoenix, AZ 85012 s/ Colleen S. Jordan Legal Secretary to: Susanna C. Pineda IDS04-0271/RSK:G03-03830 #49819