Free Stipulation - District Court of Arizona - Arizona

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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
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DISTRICT OF ARIZONA
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Thomas D. McCaffrey, Plaintiff, CIV-04-0701-PHX-SMM v. John Snow, Secretary of the Treasury, and, Tom Ridge, Director of the Department of Homeland Security, Defendants. STIPULATED REQUEST TO VACATE DEADLINES

Plaintiff, Thomas D. McCaffrey, and Defendants, through their counsel hereby request that the Court enter an order vacating its deadlines for completion of discovery, the filing of dispositive motions, and the Final Pretrial Conference (, as set forth in the Court's December 14, 2006 Order. While the parties were in the process of negotiating a settlement and coordinating a second settlement conference, the Assistant U.S Attorney who had been assigned to this case since it was filed, retired. [See Notice of Substitution, Dkt. 46.] If the parties are unable to settle this case, additional discovery will need to be completed, including plaintiff's deposition and those mentioned in the parties' motion at Dkt. 44. Undersigned counsel for Defendant has jumped into the midst of settlement negotiations, and will need additional time to learn the case in order to conduct needed discovery. Further, the parties wish to pursue settlement, without incurring additional costs and fees, which will hamper the progress of those efforts. It is

Case 2:04-cv-00701-SMM

Document 47

Filed 01/31/2007

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therefore requested that the Court vacate the deadlines, and after the parties have completed their second settlement conference before Judge Voss, reset those deadlines as appropriate. The parties have conferred with Judge Voss' Court about available dates and are in the process of scheduling that conference. Consistent with the Court's previous order, the parties can advise the Court about settlement progress and propose deadlines for concluding this case. I, Suzanne M. Chynoweth, by signing below, certify pursuant to Paragraph II(C)(3), District of Arizona ECF Administrative Policies and Procedures Manual (April 3, 2006) that the content of this Stipulation is acceptable to Plaintiffs' counsel. Respectfully submitted this 31st day of January, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Suzanne M. Chynoweth SUZANNE M. CHYNOWETH Assistant U.S. Attorney s/Jeffrey F. Arbetman JEFFERY F. ARBETMAN Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on January 31, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Jeffery F. Arbetman Attorney at Law 349 North 4th Avenue 24 Phoenix, Arizona 85003 Attorney for plaintiff
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I hereby certify that on January 31, 2007, I served the attached document by U.S. Mail on the following, who is/are not registered participant(s) of the CM/ECF System:

Jack Barkley, Attorney Office of the District Counsel 4 Immigration & Naturalization Service 2035 North Central Avenue 5 Phoenix, Arizona 85004 s/S. Guerin ___________________ 7 U.S. Attorney's Office
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Case 2:04-cv-00701-SMM

Document 47

Filed 01/31/2007

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