Free Motion to Continue - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JAMES C. HAIR, JR. AZ Bar No. 6692 Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Jose Castillo, Plaintiff, v. Gale A. Norton, Secretary, United States Department of the Interior, Defendant. CIV 02-2043-PHX-DKD DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE REPLY TO PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

Defendant moves for an extension of time of two weeks, from November 15 to and including November 29, 2005, within which to file her Reply To Plaintiff's Response To Defendant's Motion For Partial Summary Judgment And Plaintiff's Cross-Motion For Partial Summary Judgment. Defendant seeks this extension because her counsel, James Hair, will be unable to complete and file the Reply/Response by the date it is due, November 15, 2005. Hair has been completely occupied with meeting deadlines in other cases, including filing a Response To Petition For Writ Of Habeas Corpus and supporting exhibits on November 15, 2005 in Arevalo v. Booker, No. CIV 05-02984-PHX-NVW (LOA) (on which Hair worked both November 11 (Veterans Day) and November 12, 2005). Defendant seeks a two week extension to allow Hair sufficient time to complete the Reply/Response while working on other cases. Defendant has not previously sought an extension of time to file her Reply/Response. The granting of the requested extension will not delay resolution of this action because the Court, on the parties' request, by November 10, 2005 Order referred the case to Magistrate Jude Charles R. Pyle for the purpose of conducting a settlement conference and the parties have scheduled that conference on the earliest date Judge Pyle had available, January 11, 2006.

Case 2:02-cv-02043-DKD

Document 66

Filed 11/15/2005

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Plaintiff's counsel, Cheri McCracken, has authorized Hair to state that she has no objection to the granting of this Motion. Accordingly, for these reasons, defendant requests that the Court grant her to and including November 29, 2005 within which to file her Reply/Response. A proposed Order that will enable the Court to grant the requested extension is being lodged with this Motion for entry in its discretion. Respectfully submitted this 15th day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/James C. Hair, Jr. JAMES C. HAIR, JR. Assistant U.S. Attorney

CERTIFICATE OF SERVICE I hereby certify that, on November 15, 2005, I electronically transmitted this Motion to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice Of Electronic Filing to the CM/ECF registrant listed below, had copies of the Motion and proposed Order delivered to the Clerk's Office for delivery to Magistrate Judge Duncan's chambers, and emailed the Motion in PDF format and proposed Order in WordPerfect to

[email protected]. Cheri L. McCracken 2402 North 24th Street Phoenix, Arizona 85008-1804 Attorney for Plaintiff s/James C. Hair, Jr.

N:\JHair\_EMPLOYDISCRIM\Castillo\ContinuanceReplyRespMot.wpd

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