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

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JEFFREY F. ARBETMAN, 005380 ARBETMAN LAW OFFICE, P.C. 349 North 4 th Avenue Phoenix, Arizona 85003 [email protected] (602) 265-1770 (602) 264-0676 Attorney for Plaintiff John R. Mayfield, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave., Suite 1200 Phoenix, AZ 85004 Attorney for Defendants IN THE UNITED STATES DISTRICT COURT

11 FOR THE DISTRICT OF ARIZONA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, Thomas D. McCaffrey, and Defendant, John Snow, by and through counsel undersigned hereby stipulate that, upon approval and order of this court, that the dates of the completion of discovery, the filing of dispositive motions, and Final Pretrial Conference be extended for at least sixty (60) days. On June 8, 2006 this court extended the Final Pretrial Conference to December 19, 2006 at 4:00 p.m. pursuant to the parties' joint motion to amend the pretrial schedule. On September 29, 2006 upon stipulation of the parties this court ordered that discovery be completed by December 30, 2006 and that the case be assigned to the Magistrate Edward vs. John Snow, Secretary of the Treasury, and, Michael Chertoff, Director of the Department of Homeland Security, Defendants. Thomas D. McCaffrey, Plaintiff, Civ-04-0701-PHX-SMM STIPULATION TO EXTEND PRETRIAL CONFERENCE, DISCOVERY, AND DISPOSITIVE MOTION DATES (Second Request)

Case 2:04-cv-00701-SMM

Document 44

Filed 12/12/2006

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C. Voss for settlement conference. The reasons for this request are as follows: 1. The parties attended the settlement conference before Magistrate Voss on November 30, 2006. Some progress was made. The parties have agreed and Magistrate Voss ordered that the mediation be continued. No firm date has been set. However the parties remain optimistic that this case can and should be settled by the mediation process. 2. Plaintiff's brother has developed a rare form of cancer. Plaintiff is scheduled to visit his brother in the hospital in Colorado at the time of the Final Pretrial Conference. 3. Plaintiff has filed a Second Amended Complaint and the parties need additional time to conduct discovery. Specifically Defendant has been unable to schedule the deposition of Kyle Barnette who resides in the state of Louisiana and the deposition of Awilda Villafane who resides in the state of Florida. Dated this 12 th day of December, 2006.

/s/ John Mayfield ________________________________ John Mayfield Assistant United States Attorney A copy electronically filed this the 12th day of December, 2006.

/s/ Jeff Arbetman ______________________________ Jeff Arbetman, Esq Attorney for Plaintiff

And a copy transmitted the attached Motion for to Extend Time to the following: [email protected] And a copy mailed via United States Mail to: The Honorable Stephen M. McNamee* U.S. District Court District of Arizona Sandra Day O'Connor U.S. Courthouse Phoenix, AZ 85003-2151 John R. Mayfield, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave., Suite 1200 Phoenix, AZ 85004 Case 2:04-cv-00701-SMM 2 Document 44 Filed 12/12/2006 Page 2 of 2