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

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TERRY GODDARD Attorney General MICHAEL BRODSKY Assistant Attorney General State Bar No. 019406 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendant James UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants.

Case No: CIV 03-2373 PHX-SRB (JRI)

DEFENDANT JAMES' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR NEW TRIAL [Doc. # 258] (First Request)

Defendant James, through undersigned, hereby moves for an extension of time until August 21, 2007, to respond to Plaintiff's Rule 59 Motion for New Trial [Doc. # 258] for the following reasons: 1. Plaintiff's Rule 59 motion for new trial was filed by the Clerk on July

18, 2007, with a motion to extend the time for filing beyond the 10 days allowed by Rule 59. His motions were dated July 16, 2007. Assuming the motions were placed in prison Legal Mail on the same date, the inmate mailbox rule dictates his motions were filed that same date, July 16, 2006. Although the jury rendered its verdict in this matter on June 29, 2007, the Clerk's judgment was not signed and entered until July 2, 2007. Thus his 10-day motion for new trial is timely as calculated under the Rule 6. A response is due then on August 2, 2007, again as calculated under Rule 6.

Case 2:03-cv-02373-SRB

Document 263

Filed 07/31/2007

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2.

The attorney who tried the case for Defendant James has since left the

Attorney General's Office, and the undersigned needs additional time to better familiarize himself with the case file and the events described by the Plaintiff in his motion. 3. The Plaintiff will not be prejudiced by the requested extension.

Although he has subsequently filed a notice of appeal [Doc.# 259], it is treated as filed as of the date of the disposition of his Rule 59 motion. Rule 4(a)4, F.R.App.Proc. WHEREFORE, Defendant James asks that his response time to the Plaintiff's Rule 59 be extended to August 21, 2007. RESPECTFULLY SUBMITTED on this 31st day of July, 2007. TERRY GODDARD Attorney General s/Michael Brodsky MICHAEL BARODSKY Assistant Attorney General Attorneys for Defendant James Original e-filed this day 31st day of July, 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: Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326 s/Geneva E. Johnson-Joksch Legal Secretary to: Michael Brodsky IDS04-0294/RSK:G04-20632
31646

Case 2:03-cv-02373-SRB

Document 263

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Filed 07/31/2007

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