Free Reply in Support of Motion - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert DeLeon, plaintiff, vs. Dora Schriro, et al., defendants.

No. CV 04-446-PHX-PGR (JI) Plaintiff's Reply in Support of his Motion to Re-open Discovery (Evidentiary Hearing Requested)

Plaintiff Albert DeLeon hereby replies to Defendants' Response in Opposition to his Motion to Re-open Discovery and respectfully urges the Court to briefly re-open discovery in this matter for a period of ninety-days. Each of the contentions raised by Defendants in their Response to Mr. DeLeon's Motion are addressed in turn below. First, Defendants do not contest in anyway whatsoever the catalogue of ten (10) undisputed facts set forth by Mr. DeLeon in his Motion to Re-open Discovery. Defendants' failure to address any of these undisputed facts demonstrates that the merits of Mr. DeLeon's claims are very strong. Second, Defendants assert that Mr. DeLeon "was neither hampered nor precluded from engaging in discovery," see Defendants' Response, p. 2, lines 4-5, notwithstanding the fact that Mr. DeLeon (1) was not represented by counsel during the entire course of discovery, (2) was incarcerated, (3) is a high school drop-out with no formal education, (4)

Case 2:04-cv-00446-JAT

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was confined to a wheel-chair, (5) was attempting to recover from open-heart surgery, and (6) had virtually no access to computers, a law library, or any of the other resources that would help him engage in basic discovery. Under these circumstances, Defendants' assertion that Mr. DeLeon was "not hampered" from engaging in discovery is absurd. To the contrary--not only was Mr. DeLeon hampered from engaging in discovery based on his incarceration--his entire case was materially prejudiced as a result of his incarceration in every conceivable way. Third, Defendants contend that Mr. DeLeon has not sufficiently specified the general nature of the additional discovery that he would engage in if the Court elects to grant his request to reopen discovery. This contention is not well-founded. Specifically, Mr. DeLeon would engage in the following discovery: · · Take the depositions of all of the named defendants; Interview (and perhaps depose) the physicians at St. Mary's Hospital in Tucson and the Tucson Heart Hospital who treated Mr. DeLeon in reference to his heart attack in October 2002; · Obtain an expert witness regarding Mr. DeLeon's damages, specifically, the probable cause of Mr. DeLeon's heart attack and his present confinement to a wheelchair; · Discover the individuals responsible for taking two-years, four-months, and nineteen-days to return Mr. DeLeon's cane after Defendant Reyna took it away from Mr. DeLeon on October 17, 2002; · Discover the individuals responsible for never returning Mr. DeLeon's orthopedic shoes to him after Defendant Reyna took them away on October 17, 2002. In short, additional discovery would help Mr. DeLeon establish his claims in this
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matter and advance the interests of justice. It would also advance the finality of the resolution of this matter in the District Court by precluding an appeal of this issue. Dated the 7th day of December 2006. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff

I hereby certify that on December 7, 2006, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing: Terry Goddard Attorney General Susanna C. Pineda Assistant Attorney General 1275 West Washington Phoenix, Arizona 85007 Attorneys for Defendants s/ Stephen G. Montoya

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Case 2:04-cv-00446-JAT

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