Free Response to Motion - District Court of Arizona - Arizona

Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-7323 Facsimile No.: (602) 200-7811 E-Mail: [email protected] E-Mail: [email protected] Attorneys for Defendants Kimberly Mendivil, John Keesling, Michael Greene, Frank Lane, Corrections Corporation of America, Florence Correctional Center, Richard Smelser UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Allen P. Branco NO. CIV 04-593 PHX-SMM (GEE) Plaintiff, v. Corrections Corporation of America; Florence Correctional Center; Warden Richard Smelser; Medical Unit of Florence Correctional Center; Corrections Officer M andavile Nurse Frank Lane Defendants. Defendant Smelser, through counsel, hereby notifies this Court that Defendant has no objection to this Court granting Plaintiff a one-time extension of thirty (30) days to respond to Defendant Smelser's Motion for Summary Judgment. Defendant Smelser filed his Motion for Summary Judgment on June 14, 2005, having not been served until after the other Defendants had filed their Motion for Summary Judgment (all other Defendants filed their Motion for Summary Judgment on March 2, 2005). Plaintiff recently advised defense counsel that due to his transfers within the Hawaii Department of Corrections system, he never received Defendant DEFENDANT SM ELSER'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR ENLARGEMENT ON TIME TO RESPOND TO DEFENDANT RICHARD SMELSER'S MOTION FOR SUMMARY JUDGMENT

Case 2:04-cv-00593-SMM-GEE

Document 118

Filed 09/27/2005

Page 1 of 2

Smelser's June 14, 2005, Motion for Summary Judgment. Accordingly, on September 20, 2005, Defendant Smelser sent Plaintiff another copy of the Motion for Summary Judgment and accompanying Statement of Facts. Because Plaintiff has advised counsel that he did not receive Defendant Smelser's June, 2005, summary judgment motion, Defendants do not oppose a one-time extension of thirty (30) days for Plaintiff to file his Response. RESPECTFULLY SUBMITTED this 27th day of September, 2005. J ONES, S KELTON & H OCHULI, P.L.C.

By s/Rachel Love Halvorson 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Kimberly Mendivil, John Keesling, Michael Greene, Frank Lane,Corrections Corporation of America, Florence Correctional Center, and Richard Smelser ORIGINAL of the foregoing e-filed with the United States District Court this 27th day of September, 2005, and, COPY of the foregoing mailed even date to: Allen P. Branco, #A5005915 Module 2-B-1 Halawa Correctional Facility 99-902 Moanalua Hwy. Aiea, Hawaii 96701 Plaintiff Pro Per s/ Francine Gatto

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Case 2:04-cv-00593-SMM-GEE