Free Motion for Leave to File Excess Pages - District Court of Arizona - Arizona

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

Steven G. Biddle; AZ Bar No. 012636 Rebecca M. Burnside; AZ Bar No. 020393 LITTLER MENDELSON A Professional Corporation Camelback Esplanade 2425 East Camelback Road, Suite 900 Phoenix, AZ 85016 Telephone: 602.474.3600 Facsimile: 602.957.1801 Attorneys for Defendants Andrew and Laura Staubitz UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Bobbie M. Golden and Daniel Golden, husband and wife; and Shelley M. Hebets, Plaintiffs, v. Arizona Department of Administration; Capitol Police Department; Wayne Corcoran and Patricia Corcoran, husband and wife; and Andrew Staubitz and Laura Staubitz, husband and wife, Defendants. EXPEDITED MOTION FOR LEAVE TO EXCEED PAGE LIMITATION Case No.: CIV 04 0320 PHX PGR

Defendants Andrew and Laura Staubitz, by and through their undersigned counsel, respectfully request leave of court to exceed the page limitation in its dispositive motion. Defendants anticipate that its Motion for Summary Judgment, which is due to be filed by August 5, 2005, will exceed the limitation stated in Rule 1.10 (3) of the Rules of Practice of the United States District Court for the District of Arizona by no more than nine (9) pages. This case is factually nuanced because Plaintiffs allege a number of actions by Staubitz constitute a failure by him to perform his duties as chief. These range from a failure to investigate the Plaintiffs' complaints as compare with other non-Hispanic complainers to initiating personnel investigations into pursuits that were out of procedure. The disclosure of documents in this case were greater than a typical employment action, with several

Case 2:04-cv-00320-PGR

Document 81

Filed 08/01/2005

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

defendants, thousands of pages of documents disclosed, nine depositions taken, and over a dozen exchanges of formal discovery. The areas of law are also varied and complex, which involve Title VII of the Civil Rights Act, Constitutional Violations under 42 U.S.C. §§ 1981 and 1983, and qualified privileges for individual government officials when they are sued for actions committed during the course of their duties. Defendants have diligently attempted to shorten its motion but do not anticipate, despite its sincere efforts, that an adequate presentation to the Court can be made within the confines of Local Rule 1.10. The undersigned attorneys for

Defendants avow to the Court that they have used their best efforts to reduce the Motion to the shortest length possible. Staubitz are individual defendants and would like an opportunity to adequately show the Court the bases for dismissal of the Plaintiffs' claims against them. In order to present an adequate representation to defend, they respectfully request a small page extension of nine pages. Defendant believes that the additional pages requested are essential to adequately address the many issues raised by Carter in their Motion for Summary Judgment and will materially assist the Court in deciding those issues. RESPECTFULLY SUBMITTED this 1st day of August 2005.

s/ Rebecca M. Burnside Steven G. Biddle Rebecca M. Burnside LITTLER MENDELSON A Professional Corporation Attorneys for Defendants Andrew and Laura Staubitz COPY of the foregoing mailed this 1st day of August 2005 to: Marshall A. Martin 8930 East Raintree Drive Suite 100 Scottsdale, AZ 85260 Attorney for Plaintiffs Lisa K. Hudson Michael M. Walker 1275 West Washington Street
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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

Phoenix, AZ 85007-2926 Attorneys for Defendants ADOA and Capitol Police Georgia A. Staton Rebecca Herbst Jones, Skelton & Hochuli 2901 North Central, Suite 800 Phoenix, AZ 85012 Attorneys for Defendants Corcoran s/ Merry Martin
Firmwide:80282862.1 038059.1005

Case 2:04-cv-00320-PGR

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