Free Response to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General Bar No. 022124 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ARMANDO ROBERTO AROS III, Plaintiff, v. ROBINSON, et al., Defendants. Defendants1, by and through undersigned counsel, respond to Aros' motion to compel discovery and request the Court to deny Aros' motion. Pursuant to the Court's Order dated July 24, 2006 (Dkt. 56) all discovery disputes must be brought to the Court's attention by September 30, 2006. Aros' motion to compel is dated October 2, 2006, and is therefore untimely. Furthermore, LRCiv 7.2(j) provides: Discovery Motions. No discovery motion will be considered or decided unless a statement of moving counsel is attached thereto certifying that after personal consultation and sincere efforts to do so, counsel have been unable to satisfactorily resolve the matter. Any discovery motion brought before the Court without prior personal consultation with the other party and a sincere effort to resolve the matter may result in sanctions.
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No: CV04-306 PHX SRB (LOA) DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO COMPEL (DKT 65)

Schaulin, Duarte, Schriro and Rivas. Document 67 Filed 10/19/2006 Page 1 of 2

Case 2:04-cv-00306-SRB

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Aros failed to comply with LRCiv 7.2(j), in that he did not advise counsel that there was a discovery dispute nor did he certify in his motion that he made a good faith effort to resolve this matter without intervention by the Court. For the reasons set forth above, Defendants respectfully request the Court deny Aros' motion to compel. RESPECTFULLY SUBMITTED this 19th day of October 2006. TERRY GODDARD Attorney General s/Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants Original and one copy filed this 19th day of October, 2006, with: Clerk of the Court United States District Court 401 West Washington Phoenix, Arizona 85003 Copy mailed the same date to: Armando R. Aros III #95001 ASPC ­ Eyman/Rynning Unit P.O. Box 3100 Florence, AZ 85232 Plaintiff Pro Se s/A. Palumbo Legal Secretary to Catherine M. Bohland IDS05-0367/RM#___________
Amr/983528

Case 2:04-cv-00306-SRB

Document 67

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Filed 10/19/2006

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