Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7

DANIEL G. KNAUSS 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 E-Mail: [email protected]

UNITED STATES DISTRICT COURT
8

DISTRICT OF ARIZONA
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Thomas D. McCaffrey, Plaintiff, CIV-04-0701-PHX-SMM v. Michael Chertoff, Secretary of the Department of Homeland Security, Defendants. DEFENDANT'S MOTION TO PERMIT AGENCY REPRESENTATIVE WITH BINDING SETTLEMENT AUTHORITY TO APPEAR TELEPHONICALLY AT THE SETTLEMENT CONFERENCE

Defendant hereby requests that the Court modify its November 30, 2006 order requiring the physical appearance of a representative having full binding settlement authority for the Department of Homeland Security for the next settlement conference, currently scheduled for March 8, 2007 at 9:00 A.M. As discussed with the Court and Plaintiff's counsel during a telephone conference on January 30, 2007, the agency has now authorized a reasonable monetary settlement near the amount discussed at the previous settlement conference. Given the increase in settlement authority, the Court advised that the agency representative could be available by telephone, thereby avoiding the cost of travel from Washington, DC. It is therefore requested that the Court formally modify its November 30, 2006 order to allow the agency representative, Assistant Director, Raymond Parmer, Office of Investigations for the Department of Homeland Security, to be available telephonically at the settlement conference.

Case 2:04-cv-00701-SMM

Document 52

Filed 02/13/2007

Page 1 of 2

1 2 3 4 5 6

Respectfully submitted this 13th day of February, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Suzanne M. Chynoweth SUZANNE M. CHYNOWETH Assistant U.S. Attorney CERTIFICATE OF SERVICE

7

I hereby certify that on February 13, 2007, I electronically transmitted the attached
8

document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice
9

of Electronic Filing to the following CM/ECF registrants:
10

Jeffery F. Arbetman Attorney at Law 12 349 North 4th Avenue Phoenix, Arizona 85003 13 Attorney for plaintiff
11 14 15 16

I hereby certify that on February 13, 2007, I served the attached document by U.S. Mail on the following, who is not registered participant of the CM/ECF System:

Jack Barkley, Attorney Office of the District Counsel 17 Immigration & Naturalization Service 2035 North Central Avenue 18 Phoenix, Arizona 85004 s/S. Guerin ___________________ 20 U.S. Attorney's Office
19 21 22 23 24 25 26 27 28 2

Case 2:04-cv-00701-SMM

Document 52

Filed 02/13/2007

Page 2 of 2