Free Request - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SUZANNE M. CHYNOWETH 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 Potter, Postmaster General, U.S. Postal Service, Defendant. Defendant, Postmaster General John E. Potter, hereby requests that the Court modify the deadlines in its September 22, 2004 and November 29, 2005, orders for filing his dispositive motion.1 This request is made for several reasons. First, on February 7 2005, plaintiff filed a motion to amend which, if granted, changes the allegations at issue in this case and the bases for moving for summary judgment. For example, plaintiff seeks to add claims of Retaliation and FMLA violations and remove the claims of sex discrimination and national origin discrimination. [Plaintiff's motion to amend, p. 1.] Second, undersigned counsel is still DEFENDANT'S REQUEST TO EXTEND DISPOSITIVE MOTION DEADLINE (Fifth Request)

awaiting plaintiff's supplemental discovery responses. In February, prior to the discovery deadline, the parties agreed that plaintiff would provide supplemental discovery. This

outstanding discovery is necessary for undersigned counsel to fully determine the scope and substance of the motion that should be filed on defendant's behalf. The outstanding discovery requests include contention interrogatory requests about the basis for plaintiff's claims in this
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Pursuant to LRCiv. 7.3(b), undersigned counsel has advised plaintiff's counsel of this motion. Plaintiff's counsel does not oppose an extension until April 14, 2005, but does oppose 28 an extension until after the Court's ruling on plaintiff's motion to amend.

Case 2:04-cv-00429-MHM

Document 56

Filed 03/28/2006

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1 action. Unfortunately, plaintiff has been unable to provide the requested discovery until this 2 week. (Although the discovery has not yet been received, plaintiff's counsel has stated it should 3 be received today or tomorrow.) Finally, since late December 2005, the Civil Division has been 4 understaffed by two attorneys who handle defensive cases, increasing an already heavy work 5 load. Even though undersigned counsel has spent significant time working on a dispositive 6 motion, including this past Saturday and Sunday, another 40 hours, at a minimum, will be 7 needed to complete a dispositive motion. It is therefore requested that the Court extend the time 8 for filing dispositive motions until two weeks after its ruling on plaintiff's motion to amend, or 9 in the alternative until April 14, 2006. 10 11 12 13 s/Suzanne M. Chynoweth 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Suzanne M. Chynoweth Assistant U.S. Attorney Respectfully submitted this 28th day of March, 2006. PAUL K. CHARLTON United States Attorney District of Arizona

Case 2:04-cv-00429-MHM

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CERTIFICATE OF SERVICE I hereby certify that on March 28, 2006, I electronically transmitted the attached

3 document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice 4 of Electronic Filing to the following CM/ECF registrants: 5 Rosval A. Patterson 6 777 E. Thomas Rd. Phoenix, AZ 85014 7 8 s/Jennifer Maughan 9 ________________________________ Office of the U.S. Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Case 2:04-cv-00429-MHM

Document 56

Filed 03/28/2006

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