Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SUZANNE M. CHYNOWETH Assistant U.S. Attorney Arizona State Bar No. 6835 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Alexander Jung, CIV-04-0429-PHX-MHM Plaintiff, v. John E. Potter, Postmaster General, Defendant. DEFENDANT'S REQUEST TO EXTEND TIME TO FILE HIS REPLY IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT (First Request)

Defendant, Postmaster General John E. Potter, hereby requests that the Court extend the

15 deadline for filing Defendant's Reply in Support of His Motion for Summary Judgment by two 16 business days, from Thursday June 1, 2006 until Monday June 5, 2006. Good cause exists for 17 this request because undersigned counsel has been diligently working on this reply during the 18 past week, including the Memorial Day Holiday, until 2:00 a.m. the morning of June 1, 2006, 19 and 11:00 p.m. the evening of June 1, 2006. However, due to a heavy case load and extensive 20 time invested this past week in coordinating reports and supplemental reports due for some eight 21 experts in a complicated medical malpractice/wrongful death case (Gandy v. United States, 22 CIV-03-1224-PCT-JAT), and other deadlines, undersigned counsel is unable to file the reply 23 before midnight on June 1, 2006. Undersigned counsel's case load has also been negatively 24 affected because the Civil Division in the Phoenix U.S. Attorney's Office has been understaffed 25 by two attorneys who handle defensive civil cases this entire year, with no apparent ability to 26 hire replacements until the next fiscal year. 27 Undersigned counsel has not spoken to Plaintiff's counsel about this extension request

28 because of the late hour, because plaintiff's counsel opposed a recent extension request

Case 2:04-cv-00429-MHM

Document 76

Filed 06/01/2006

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1 regarding a summary judgment response, and because undersigned counsel hoped to timely file 2 this reply this evening. However, it is now apparent that the week-end will be needed to 3 complete the reply. It is therefore requested that the Court enter an order extending the time for 4 filing a reply as requested. 5 6 7 8 9 10 11 12 CERTIFICATE OF SERVICE I hereby certify that on June 1, 2006, I electronically transmitted the attached document Respectfully submitted this 1ST day of June, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/Suzanne M. Chynoweth Suzanne M. Chynoweth Assistant U.S. Attorney

13 to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 14 Electronic Filing to the following CM/ECF registrants: 15 Rosval A. Patterson 16 777 E. Thomas Rd. Phoenix, AZ 85014 17 18 S/ Suzanne M. Chynoweth Office of the U.S. Attorney 19 20 21 22 23 24 25 26 27 28 2

Case 2:04-cv-00429-MHM

Document 76

Filed 06/01/2006

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