Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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

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No. CV-04-306-PHX-SRB (LOA) ORDER (modification of Scheduling Order)

This matter arises on Plaintiff's Motion for Enlargement of Time to Conduct Discovery and File Dispositive Motions (Doc. 55). On March 21, 2005, Plaintiff filed a Third Amended Complaint. (Doc. 15) On September 12, 2005, the Court dismissed Counts I-III. (Doc. 19) On October 17, 2005,

Plaintiff filed a Notice of Appeal (Doc. 23) which was ultimately dismissed on December 14, 2005. During the time that Plaintiff was pursuing his appeal, he did not engage in discovery. Rather, he waited until February 20, 2006 to serve his first discovery request on Defendants. (Doc. 55) The Scheduling and Discovery Order establishes February 22, 2006 as the last date on which discovery requests could be submitted. (Doc. 30) Accordingly, Defendants refused to respond to Plaintiff's discovery requests which were propounded on May 10, 2006. (Doc. 55)

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Although Defendants refused to respond to Plaintiff's untimely discovery requests, Defendants took Plaintiff's deposition on May 18, 2006, well beyond the March 22, 2006 deadline. (Doc. 30) Plaintiff argues that Defendants have acted in bad faith and have been uncooperative in this matter. The Court agrees. The record reflects that Plaintiff has been diligently pursuing his claims but that he was confused regarding the appropriate stage in the proceedings to appeal the Court's rulings. Plaintiff's confusion led to his delay in commencing discovery in this matter. In view of Plaintiff's diligence in pursuing this matter, his cooperation in discovery with Defendants, and his pro se status, the Court will grant Plaintiff's motion to extend the discovery and dispositive motions deadlines. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Enlargement of Time to Conduct Discovery and File Dispositive Motions (Doc. 55) is GRANTED. IT IS FURTHER ORDERED that the following deadlines are extended as set forth below: 1. Last day to submit discovery requests: August 4, 2006 September 30,

2. Discovery disputes must be brought to the Court's attention by: 2006 3. Dispositive motion deadline is: October 30, 2006 4. Joint Pretrial order deadline is: December 15, 2006

DATED this 24th day of July, 2006.

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