Free Status Report - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SUE A. KLEIN Assistant U.S. Attorney Arizona State Bar No. 11253 Two Renaissance Square 40 N. Central Avenue, Ste. 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 E-Mail: [email protected] BRUCE S. GELBER, Chief Environmental Enforcement Section Environment & Natural Resources Division U.S. Department of Justice

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., Defendants. The parties wish to inform the Court of the status of discovery in this case. In addition to initial disclosures, the parties have propounded and exchanged written discovery including interrogatories, requests for production of documents, and requests for admissions. Defendant CIV-04-0626-PHX-JWS JOINT STATUS REPORT

23 Brown recently provided the parties with his Initial Disclosures, Supplemental Disclosures and 24 Second Supplemental Disclosures. Mr. Brown's deposition was taken on November 3, 2005. 25 At that time, it was determined that depositions of Jon White and Earl Cook would be necessary. 26 These depositions are scheduled for December 13, 2005. The United States has also requested 27 28

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1 the deposition of Betty Hayes. Scheduling conflicts prevent taking that deposition prior to 2 January of 2006. 3 4 5 6 7 8 9 complete discovery by January of 2006. However, the parties will file a report with the Court on or before February 1, 2006, updating the Court as to the status of discovery. The parties The parties have all cooperated with discovery to this point. The discovery continues to reveal information which necessitates additional discovery. Because of the time needed to obtain the additional documents and schedules over the next two months, further depositions cannot be set until December, 2005, and January, 2006. The parties will make every effort to

10 request that the Court set a telephonic status or pretrial conference after February 1, 2006, to 11 determine appropriate scheduling of any additional discovery, motions and other items as 12 necessary. 13 Finally, the parties continue to engage in informal settlement discussions which will be

14 aided by the receipt of additional information. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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All the parties agree that the nature of this case requires additional time for the completion of discovery and that no request is sought for delay, but for the diligent litigation of this case. Respectfully submitted this 5th day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/Sue A. Klein SUE A. KLEIN Assistant U.S. Attorney BRUCE S. GELBER, Chief Environmental Enforcement Section Environment & Natural Resources U.S. Department of Justice

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s/Ronald Meyer RONALD MEYER Attorney for Defendants John B. Knight, Jr.; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc.,

s/Harold Burr HAROLD BURR Attorney for Defendant Robert Brown

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I hereby certify that on December 5, 2005, I electronically transmitted the attached

2 document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice 3 of Electronic Filing to the following CM/ECF registrants: 4 5 Attorney at Law 6 3636 North Central Avenue 7 Suite 1050
Phoenix, Arizona 85012 Harold D. Burr, Jr. Eighteen East University Drive, Ste. 206 One Columbus Plaza Ronald Meyer

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9 Burr and Associates, P.C. 10 Mesa, Arizona 85201 11 12 13 14 I hereby certify that on December 5, 2005, a complete, duplicate copy of this document 15 has been forwarded directly to Judge Sedwick by overnight mail. 16
John W. Sedwick 222 W. 7 Avenue - No. 32 Anchorage, Alaska 99513 s/Nancy Stotler s/Nancy Stotler

17 United States District Judge th 18 19 20 21 22 23 24 25 26 27 28
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_____________________

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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 ___________________________________ JOHN W. SEDWICK United States District Judge v. John B. Knight, Jr.; Robert D. Brown; National Petroleum Marketing, Inc.; Sunwest Express, Inc.; and Navajo Trails, Inc., Defendants. The Court having reviewed and considered the Joint Status Report of the parties, and good cause appearing, IT IS HEREBY ORDERED that the parties shall file, on or before February 1, 2006, a further status report informing the Court as to the status of discovery and all matters relating to this case. IT IS FURTHER ORDERED setting a telephonic status hearing for ______________ at _________. DATED this _______ day of _____________________________________, 2005. United States of America, Plaintiff, CIV-04-0626-PHX-JWS ORDER UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

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