Free Stipulation - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert DeLeon, plaintiff, vs. Dora Schriro, et al., defendants.

No. CV 04-446-PHX-PGR (JI) Stipulated Motion to Enlarge Time in which to File Joint Proposed Final Pretrial Order (Second Request)

The parties hereby stipulate and move to enlarge the date for filing the Joint Proposed Final Pretrial Order in this matter from November 27, 2006 to November 30, 2006. Plaintiff's counsel was busy representing a client in a jury trial on behalf of another client before the Honorable David G. Campbell of this Court in the case of Vasquez v. City of Phoenix, et al., No. CIV-04-0481-PHX-DGC. The trial started on October 31, 2006 and concluded (with a hung-jury) on November 14, 2006. Immediately after the trial concluded in Vasquez, Plaintiff's counsel had to travel to San Francisco, California to argue an appeal before the United States Court of Appeals for the Ninth Circuit on November 15, 2006 in Berg v. Autonation, Inc., Ninth Circuit Nos. 0417314 and 04-16655. Plaintiff retained Mr. Montoya on October 30, 2006. Plaintiff's counsel has had virtually no time to work on the proposed Pretrial Order

Case 2:04-cv-00446-JAT

Document 229

Filed 11/27/2006

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since the trial commenced in Vasquez v. City of Phoenix. When Plaintiff's counsel finally returned to his office on Thursday, November 16, 2006, for the first time, Plaintiff's counsel was able to commence reviewing the voluminous file in this matter. Moreover, because Mr. DeLeon is confined to a wheelchair, Plaintiff's counsel has been forced to communicate with Mr. DeLeon exclusively by telephone. This has hindered Plaintiff's ability to complete the Final Pretrial Order. These difficulties were exacerbated by the intervening Thanksgiving holiday. Accordingly, the parties request a brief, three-day extension of time in which to file their proposed Joint Final Pretrial Order from November 27, 2006 to November 30, 2006. Dated the 27th day of November 2006. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiffs Terry Goddard Attorney General s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General 1275 West Washington Phoenix, Arizona 85007 Attorneys for Defendants

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I hereby certify that on November 27, 2006, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing: Terry Goddard Attorney General Susanna C. Pineda Assistant Attorney General 1275 West Washington Phoenix, Arizona 85007 Attorneys for Defendants s/ Stephen G. Montoya

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Case 2:04-cv-00446-JAT

Document 229

Filed 11/27/2006

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