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 Robert 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 Dispositive Motion Deadline. (document # 47) Defendants explain that there are several motions pending before the District Judge the ruling on which will impact the scope of dispositive motions. On March 21, 2005, Plaintiff filed an Amended Complaint. (document # 15) On September 12, 2005, the Court dismissed Counts I, II, and III, without prejudice, for failure to state a claim. (document # 19) Thereafter, the Court issued a Scheduling Order (document # 33) establishing a June 20, 2006 deadline for filing dispositive motions. Thereafter, Plaintiff filed a motion for final Judgment pursuant to Fed. R.Civ.P. 54 (b), and a motion that the Court vacate its Order dismissing Counts I, II, and III of the Amended Complaint. (documents ## 22, 38) These motions are currently pending before the Honorable Susan R. Bolton. (document # 40) Defendants request that the Court vacate the dispositive motion deadline to avoid possible piecemeal litigation in this matter. Although piecemeal
Case 2:04-cv-00306-SRB Document 49 Filed 06/13/2006 Page 1 of 2

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litigation is undesirable, in the interest of judicial economy, the Court will deny Defendants' motion to vacate the dispositive motion deadline in this case. This matter has been pending since 2004 and the parties should continue to work towards resolving this matter. In the event that Plaintiff is permitted to proceed with Counts I, II, and III, which were previously dismissed, Defendants may move to file a dispositive motion as to those Counts in view of changed circumstances. Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Vacate Dispositive Motion Deadline (document # 47) is DENIED. DATED this 12th day of June, 2006.

Case 2:04-cv-00306-SRB

Document 49

-2Filed 06/13/2006

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