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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jay Jeffers Jr., Plaintiff, vs. Officer Ortega, et al., Defendants.

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No. CV-04-0572 PHX-MHM (LOA) ORDER

This matter arises on Plaintiff's Motion for Extension of Time to Introduce Further Evidence. (document # 143) In his Motion, and supporting memorandum, Plaintiff sets forth the evidence he wishes to introduce. Plaintiff does not articulate why he is seeking an extension of time or which pending motion he wishes to supplement with further evidence. However, the Court notes that there is a motion for partial summary judgment pending in this matter. Although the time for doing so has expired, Plaintiff has not filed a response to Defendants' motion for partial summary judgment. Thus, liberally construing Plaintiff's Motion for Extension, the Court finds that Plaintiff is requesting leave to file an untimely response to Defendants' motion for partial summary judgment. Although Plaintiff's motion lacks clarity, in an abundance of caution, the Court will grant Plaintiff's motion and will consider the arguments raised in Plaintiff's Motion for Extension of Time and the Supporting Memorandum as a timely response to Defendants' Motion for Partial Summary Judgment. Accordingly,
Case 2:04-cv-00572-MHM-LOA Document 145 Filed 06/13/2006 Page 1 of 2

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IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time to Introduce Further Evidence (document # 143), construed as a Motion for Leave to File an untimely Response to Defendants' Motion for Partial Summary Judgment (document # 109), is GRANTED and that the Court will consider the arguments raised in Plaintiff's Motion for Extension of Time (document # 143) and the Supporting Memorandum (document # 144) as a timely response to Defendants' Motion for Partial Summary Judgment. IT IS FURTHER ORDERED that the Clerk of Court shall modify the docket to reflect that Plaintiff's Motion for Extension of Time (document # 143) and Supporting Memorandum (document # 144) constitute Plaintiff's Response to Defendants' Motion for Partial Summary Judgment (document # 109). DATED this 12th day of June, 2006.

Case 2:04-cv-00572-MHM-LOA

-2Document 145

Filed 06/13/2006

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