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

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TERRY GODDARD Attorney General Misty D. Guille Assistant Attorney General State Bar No. 020830 1275 West Washington Phoenix, AZ 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Karen Jean Smith, Plaintiff, v. Linda Vega, et al., Defendants. (Expedited Ruling Requested) No. CV 04-00558-PHX-EHC (CRP) DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT PROPOSED PRETRIAL ORDER (First Request)

Defendant Vega, through undersigned counsel, moves to enlarge the time to file the joint proposed pretrial order by fifteen days to and including February 13, 2007. The deadline is currently set for Monday, January 29, 2007. Under Fed. R. Civ. P. 6(b), the Court for cause shown may exercise its discretion to enlarge litigation deadlines. Defendant submits that the circumstance set forth below constitutes sufficient cause for this Court to exercise its discretion to grant the requested enlargement. Undersigned counsel prepared a draft of the Joint Proposed Pretrial Order and sent it to the Plaintiff by mail on January 16, 2007, and by fax (through Smith's assigned correctional officer) the next day.1 Counsel spoke with Smith on the phone on Tuesday, January 23, 2007. Smith stated that she had sent her additions to the document the day
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Counsel's first attempt to fax the document on January 16 was unsuccessful.
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before by U.S. mail. Counsel has not yet received the document. No more mail will come to counsel today and the first instance that she will receive mail on Monday will be in the afternoon.2 As it stands, counsel will not have sufficient time to incorporate Smith's additions, fax the revised document to Smith (through her correctional officer), speak with Smith to finalize any details, fax the document to Smith for her signature, receive the signature, and sign and file the document. Defendant requests an extension in good faith and not for the purpose of delay. Defendant believes the enlargement will not prejudice Smith, but will enable the parties to present a complete and accurate Joint Proposed Pretrial Order for the Court's consideration. WHEREFORE, Defendant respectfully requests that the Court enlarge the deadline for filing the Joint Proposed Pretrial Order by fifteen days to and including February 13, 2007. RESPECTFULLY SUBMITTED this 26th day of January 2007. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant

Counsel has advised Smith and her correctional officer that Smith may fax the document (with her additions), but counsel has not received a fax.
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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 /s Misty D. Guille
IDS04-0387/RM#G2004-20893/997036

CERTIFICATE OF SERVICE I hereby certify that on the next business day, I served the attached document and Notice of Electronic Filing by mail on the following, who are not registered participants of the CM/ECF System: Karin Jean Smith, ADC # 86673 ASPC­Perryville/Santa Maria Unit Bldg 36-129 P.O. Box 3400 Goodyear, AZ 85338-0905 Plaintiff Pro Per

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