Free Order on Motion to Vacate - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Armando Roberto Aros III, Plaintiff, vs. Robinson, et al., Defendants.

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No. CV-04-306-PHX-SRB (LOA) ORDER

This matter arises on Defendants' Motion to Vacate the Court's Order Regarding Reopening Discovery and to Strike the Finding of Bad Faith. (docket # 57) After consideration of this matter, the Court will deny Defendants' Motion to Vacate the prior order (docket # 56) which modified the Scheduling Order in this case. The Court, however, will strike the portion of that order On page 2, line 4 which reads that "have acted in bad faith and." (docket # 56, page 2, line 4) Thus, page 2, line 4 reads, "Plaintiff argues that Defendants have been uncooperative in this matter." (Id.) Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Vacate the Court's Order Regarding Reopening Discovery (docket # 57) is DENIED.

Case 2:04-cv-00306-SRB

Document 66

Filed 10/10/2006

Page 1 of 2

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IT IS FURTHER ORDERED that Defendants' Motion to Strike the Finding of Bad Faith (docket # 57) is granted to the extent that Docket # 56, page 2, line 4 reads, nunc pro tunc, "Plaintiff argues that Defendants have been uncooperative in this matter.1" DATED this 10th day of October, 2006.

The Clerk of Court need not strike any portion of docket # 56. the Court's order, nunc pro tunc, regarding the language on page 2, line 4 is sufficient to effect the change requested (the deletion of the finding of bad faith from that order.) Case 2:04-cv-00306-SRB Document 66 -2Filed 10/10/2006 Page 2 of 2

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