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

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PAUL K. CHARLTON United States Attorney District of Arizona SUZANNE M. CHYNOW ETH Assistant U.S. Attorney Arizona State Bar No. 6835 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Alexander Jung, CIV-04-0429-PHX-MHM Plaintiff, v. John E. Potter, Postmaster General, Defendant. Defendant, Postmaster General John E. Potter, hereby requests that the Court extend the deadline by two days for filing a response to Plaintiff's Motion for Partial Summary Judgment, from May 1, 2006 until May 3, 2006. Defendant seeks this brief extension due to a heavy case load and conflicting work obligations and deadlines. For example, a discovery issue arose last week involving a 30(b)(6) deposition notice served late on April 25, 2006 for depositions on May 8, 2006. If the designees in that notice are required to proceed, they will require numerous government employees in Phoenix, Tucson, and Prescott to testify in a complicated medical malpractice/wrongful death case. [See Gandy v. United States, CIV 03-01224 PCT-JAT, dk No. 143.] This deposition notice, which seeks extensive information via testimony and records, was essentially noticed without any prior notice or discussion by his counsel. Undersigned counsel spent at least eight hours researching discovery issues and sending the required communications in an attempt to resolve this discovery dispute without the Court's involvement. The Civil Division in the Phoenix office has been understaffed by two attorneys who handle defensive civil cases this entire year, with no ability to hire replacements until the next fiscal year. Undersigned counsel worked until 10:00 pm last night on the summary judgment DEFENDANT'S REQUEST TO EXTEND TIME TO RESPOND TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (First Request)

Case 2:04-cv-00429-MHM

Document 65

Filed 05/01/2006

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response, but is unable to complete it for filing today. Furthermore, undersigned counsel has had to spend time assisting an elderly parent who recently lost her husband of fifty-six years. Undersigned counsel has spoken with plaintiff's counsel, Rosval Patterson, about this extension request, and he does oppose this request. However, it is anticipated that the Court will rule on the parties' summary judgment motions at the same time. Since Plaintiff's Response to Defendant's Motion for Summary Judgment is not due until May 15, 2006, this brief extension request should not delay the Court's ruling on these dispositive motions. It is therefore requested that the Court enter an order permitting defendant to file his response to Plaintiff's Motion for Partial Summary Judgment on or before May 3, 2006. Respectfully submitted this 1 ST day of May, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/Suzanne M. Chynoweth Suzanne M. Chynoweth Assistant U.S. Attorney CERTIFICATE OF SERVICE I hereby certify that on May 1, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Rosval A. Patterson 777 E. Thomas Rd. Phoenix, AZ 85014 S/ LaRee Zickefoose Office of the U.S. Attorney

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Case 2:04-cv-00429-MHM

Document 65

Filed 05/01/2006

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