Free Motion to Continue - District Court of Arizona - Arizona

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Paul W. Holloway - 002046 HOLLOWAY ODEGARD FORREST KELLY & KASPAREK, P.C. 3101 North Central Avenue, Suite 1200 Phoenix, Arizona 85012 (602) 240-6670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1. ) ) CV02-2492-PHX-EHC (SLV) Plaintiff, ) ) v. ) ) DEFENDANTS' MOTION TO Jesse Plath (5466), a City of ) CONTINUE STATUS HEARING Phoenix Police Officer; ) Jonathan Howard (6118), a ) City of Phoenix Police ) Officer; ) Russell Frederiksen (5344), a ) City of Phoenix Police ) Officer, ) ) Defendants. ) ) Leon Smith, Defendants, through their counsel undersigned, hereby move this Court for its order continuing the presently scheduled status hearing of October 24, 2005, to a date convenient to the court, counsel, and the parties. The reason for this motion is that

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counsel for the defendants has to be out of state on October 24, 2005. Prior to filing this motion, counsel did attempt to

communicate with the plaintiff, Leon Smith.

A stipulation to

continue the status hearing was sent to him, but has never been returned. motion. Consequently, defendants' counsel has had to file this

Case 2:02-cv-02492-EHC

Document 94

Filed 10/13/2005

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As the court is aware, Mr. Smith is attempting to obtain counsel in this matter, so a short continuance of this status hearing will not in any way prejudice Mr. Smith. DATED this ______ day of October, 2005. HOLLOWAY ODEGARD FORREST KELLY & KASPAREK, P.C. s/ By_____________________________________ Paul W. Holloway 3101 North Central Avenue Suite 1200 Phoenix, Arizona 85012 Attorneys for Defendants COPY of the foregoing e-mailed this 13th day of October, 2005, to: Honorable Earl H. Carroll UNITED STATES DISTRICT COURT 401 West Washington Phoenix, Arizona 85003 COPY of the foregoing mailed this 13th day of October, 2005, to: Leon Smith 1304 East Bell Road, Box G-4, Lot 77 Phoenix, Arizona 85022 Plaintiff Pro Per

s/ Allison Chatfield ________________________________

Case 2:02-cv-02492-EHC

- 2 Document 94 Filed 10/13/2005

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