Free Motion to Continue - District Court of Arizona - Arizona

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DANIEL G. KNAUSS 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, John E. Potter, Postmaster General, hereby requests to continue the jury trial set for July 31, 2007 until a date in September. The May 8, 2007 trial date was briefly continued at the parties' request so they could attend a settlement conference on May 3, 2007. [Doc. # 112.] Undersigned counsel just learned yesterday that Plaintiff's direct supervisor, Mark Camper, has long standing vacation plans involving a trip out of the country. Mr. Camper will therefore be unavailable for trial between July 3, 2007 and August 23, 2007. Mr. Camper is a key witness in this case for both parties, because he was the direct supervisor who Plaintiff claims engaged in conduct violating the Rehabilitation Act. Another reason supports this requested continuance. The Postal Service's recent restructuring of its Districts has changed Arizona from the Pacific Region to the Western Region. Consequently, since the unsuccessful settlement conference, this case has been reassigned from an attorney in the Pacific Region, (San Francisco, CA), to an attorney in the Western Region, (Denver, CO). Due to the complexity of the case and the limited resources of the U.S. Attorneys office (including shortages of civil defensive attorneys), the agency counsel will play a critical role in assisting with the pre-trial preparation and trial. That newly assigned
Case 2:04-cv-00429-MHM Document 119 Filed 05/24/2007 Page 1 of 2

DEFENDANT'S MOTION TO CONTINUE TRIAL AND RELATED DEADLINES (Second Request)

1 attorney, Judith Homich Sandoval, was assigned to this case last week, and has already traveled 2 from Denver to Phoenix for two days to meet about this case and review the file. An extension 3 of the trial date would enable Ms. Homich Sandoval to assimilate the information in this 4 complex and document intensive case and more effectively assist with this litigation. 5 It is therefore requested that the Court continue the trial until a date in September, and

6 reset the pre-trial deadlines and pre-trial conference, scheduled for June 1, 2007 and June 18, 7 2007, respectively. Undersigned counsel has contacted opposing counsel, who opposes a 8 continuance. 9 10 11 12 13 14 15 16 CERTIFICATE OF SERVICE I hereby certify that on May 24, 2007, I electronically transmitted the attached document Respectfully submitted this 24th day of May, 2007. DANIEL G. KNAUSS United States Attorney District of Arizona s/Suzanne M. Chynoweth Suzanne M. Chynoweth Assistant U.S. Attorney

17 to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 18 Electronic Filing to the following CM/ECF registrants: 19 Rosval A. Patterson 20 777 E. Thomas Rd. Phoenix, AZ 85014 21 22 s/S. Guerin U.S. Attorney's Office 23 24 25 26 27 28 2
Case 2:04-cv-00429-MHM Document 119 Filed 05/24/2007 Page 2 of 2