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

Terry Goddard Attorney General Susanna C. Pineda, Bar No. 011293 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Eddie Hatch, No. CV 04-0541 PHX JWS (MS) Plaintiff, v. Terry Stewart, et al., Defendants. Defendants, by and through undersigned counsel, hereby move this Court, pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, for a ninety (90) day enlargement of time within which to file their dispositive motion in this case. The current deadline for filing dispositive motions is October 25, 2005. An enlargement of time is necessary because undersigned counsel will be unable to devote sufficient time to prepare and complete the dispositive motion due to counsel's other work commitments in over forty other inmate cases such as this, which include several other dispositive motion deadlines, numerous discovery deadlines, and three trials currently set for October 20, 2005, November 8, 2005, and November 29, 2005. The trial set for October 20, 2005 involves two cases that were recently consolidated for trial. Undersigned counsel represented only the defendants in one of these MOTION FOR ENLARGEMENT OF TIME TO FILE DEFENDANTS' DISPOSITIVE MOTION

Case 2:04-cv-00541-JWS-LOA

Document 48

Filed 10/14/2005

Page 1 of 3

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

actions until October 5, 2005, when the other Assistant Attorney General assigned to represent the defendants in the second action resigned. Undersigned counsel has now been assigned to represent the defendants in both actions. While some of the claims in these cases are similar, the second action has additional claims which are not shared by the first action. As a result, counsel is required to familiarize herself with the second action for trial in two weeks time, detracting from counsel's ability to file the pleadings in this case. In addition to these case-related matters, counsel is scheduled to be out of the office from December 16, 2005 to January 2, 2006. This absence has been planned for nearly one year and must be taken to avoid loss of accumulated leave under the State's vacation policy. Therefore, for the reasons set forth above, Defendants submit that the above circumstances constitute good cause for an enlargement of time and respectfully request an enlargement of 90 days, up to and including January 23, 2006, in which to file their dispositive motion in this case. Plaintiff will not be prejudiced by the Court granting an enlargement of time for Defendants' dispositive motion. This motion is not made for purposes of delay.

RESPECTFULLY SUBMITTED this 14th day of October, 2005. Terry Goddard Attorney General

s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendants

2
Case 2:04-cv-00541-JWS-LOA Document 48 Filed 10/14/2005 Page 2 of 3

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

Original e-filed this 14th day Of October, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Eddie Hatch, #47884008 USP - Atwater P.O. Box 019000 #1 Federal Way Atwater, CA 95301 s/ Colleen S. Jordan Secretary to: Susanna C. Pineda IDS04-0505/G#02-10038 #929505

3
Case 2:04-cv-00541-JWS-LOA Document 48 Filed 10/14/2005 Page 3 of 3