Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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Case 2:03-cv-01344-EHC-HCE Document 195 Filed 12/27/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Shannon Michael Clark, Plaintiff, vs. ValueOptions, Inc., et al., Defendants.

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No. CV 03-1344-PHX-EHC (MS) ORDER

Pending before the Court is Plaintiff's "Motion for Extension of Time for Filing Affidavit of Michael Robinson, LCSW and Stay on Summary Judgment Proceedings" (Doc. # 192). Plaintiff requests a 20 day extension of time to refile his expert witness affidavit, which was previously stricken for failing to comport with FED. R. EVID. 702. Plaintiff avers that the extension is necessary because the holiday season has slowed the United States Postal Service and therefore impedes Plaintiff's ability to quickly communicate with his expert witness. However, Plaintiff's own motions were not slowed by the holiday mail congestion. Moreover, both Plaintiff and Defendant ValueOptions have pending motions for summary judgment that are already under consideration. Plaintiff has not provided any other reason why more time is

necessary, or why a stay on summary judgment proceedings is warranted. Accordingly, Plaintiff's motion will be denied.

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IT IS ORDERED THAT Plaintiff's "Motion for Extension of Time for Filing Affidavit of Michael Robinson, LCSW and Stay on Summary Judgment Proceedings" (Doc. # 192) is DENIED.

DATED this 27th day of December, 2005.

Case 2:03-cv-01344-EHC-HCE

Document 195

Filed 12/27/2005

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