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

K
i 1
1 2 I
1 .
1 3
4
1
1 5 UNITED STATES DISTRICT COURT g
6 DISTRICT OF ARIZONA
7 Matthew Shaffer, N0. CIV—03-2344-PHX~FJM
8 Piainarr,
9 vs. _ _ ORDER EXTENDING TIIVIE FOR
r FILING NOTICE OF APPEAL
10 State of Citizens Clean Election ii
Commission; Colleen Connor and Chad p i .
1 1 Jacobs, ` p
12 Defendants.
I3 I I
On October 20, 2005, defendants filed (I) a timely Motion for Entry of Judgment
14 ~
as a Matter of Law on the Defamation Claim and Motion for Remittitur, or Alternatively
I5 g
_ ai New Trial, and (2) a timely Motion to Alter or Amend the Judgment. Although these
I 6 ` i
motions operate to automatically extend the time for tiling a notice of appeal insofar as
17
they seek relief under Fed. R. Civ. P. 59 and 60, the Rules do not explicitly address the
~ 18 _ _ p
effect of asking for a remittitur. See Fed. R. Civ. App. P. 4(a)(4)(A). Accordingly, in an
19
abundance of caution, the defendants filed a motion asking the Court to confirm that the
20
time for filing a notice of appeal in this case will not begin to run until the Court rules on
21
I all issues raised in defendants’ pending motions, including the request for a remittitur. .
22 ‘
(GG:. />Â¥
Case 2:03-cv—0 44—FJI\/I Document 147 Filed 10/26/2005 Page 1 of 2

1 The Court has authority consider and grant this motion on an ex parte basis.
2 Fed. R. Civ. App. P. 4(a)(5)(B). For these reasons and tinding good cause;
P 3 IT IS ORDERED confirming that the time for the filing of a notice of appeal is
4 extended so that a notice of appeal may be tiled within 30 days after the entry of this
n 5 Court’s Order disposing ofthe last remaining motion for judgment as a matter oflawn,
6 new trial, remittitur, or for alteration or amendment ofthe Judgment. gg,. /¢§/éjj _,
8 DATED this 25*}* day of October, 2005.
9
g 10 * é:‘.¢-r`c;U bg , L-
Frederick J. Martone
11 United States District Judge
` 12
13
14 .
.1 5 l
16 · c
17 ` 1
18 U T
19
1 20
1 ` 21
h 22 g
Case 2:03-cv—02344-FJIVI Document 147 I }FiIed 10/26/2005 Page 2 of 2

Case 2:03-cv-02344-FJM

Document 147

Filed 10/26/2005

Page 1 of 2

Case 2:03-cv-02344-FJM

Document 147

Filed 10/26/2005

Page 2 of 2