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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PAUL K. CHARLTON United States Attorney District of Arizona JOHN R. MAYFIELD Assistant U.S. Attorney Arizona State Bar No. 4848 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Thomas D. McCaffrey, Civ-04-0701-PHX-SMM Plaintiff v. John Snow, Secretary of the Treasury, and, Tom Ridge, Director of the Department of Homeland Security, Defendants MOTION TO AMEND PRETRIAL SCHEDULE (Second Request)

Subsequent to the Scheduling Conference on February 28, 2005 the parties have discussed the need for additional time to discovery. The plaintiff has filed a motion to further amend his Complaint. That motion was opposed, in part, by the defendant and the defendant filed a Motion for a Protective Order. These motions are presently pending. Plaintiff's Reply and Response is due June 1, 2006. The plaintiff has requested an additional thirty (30) days in, though and including July 5, 2006 in which to respond to the defendant's Opposition to the Motion to Amend and the defendant's Motion for a Protective Order. This request for an extension of time is necessitated by plaintiff counsel's current schedule and conflicting deadlines in other matters. Plaintiff counsel is a sole practitioner. The defendant does not oppose this request for additional time and joins this request by plaintiff counsel. Four depositions of defendant fact witnesses have been taken. However, the parties have encountered significant delays in scheduling additional defense witnesses due to their re-

Case 2:04-cv-00701-SMM

Document 28

Filed 05/31/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

assignments around the country and existing schedulers of the wetness and counsel for the parties. Due to these and other related difficulties in finding requested documents and locating witnesses, counsel for the parties have discussed the status of discovery and jointly approach the Court for an Order Amending the March 3, 2005 Scheduling Order. This is the second request. The First request extended the time period of disclosure of plaintiff's expert witnesses. Docket Entry # 5. The present deadline for the close of all discovery is June 2, 2006. The present deadline for dispositive motions is July 14, 2006. The parties jointly propose the following extensions of time. Discovery deadline: Dispositive motions to be filed by: September 29, 2006 November 17, 2006

Therefore, the parties jointly request the court to grant an amendment to the Scheduling Order to allow the parties to continue to develop the facts in this matter and complete the necessary discovery in preparation for trial. Mr. Arbetman, plaintiff's counsel, is fully informed as to the form and content of this stipulation, has waived signature and has authorized undersigned counsel to submit the stipulation for this Court's approval. Respectfully submitted this 31st day of May 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ John R. Mayfield JOHN R. MAYFIELD Assistant U.S. Attorney Arbetman Law Office, P.C. s/ Jeffrey F. Arbetman JEFFREY ARBETMAN Attorney at Law Attorney for Plaintiff

2

Case 2:04-cv-00701-SMM

Document 28

Filed 05/31/2006

Page 2 of 2