Free Motion to Vacate - 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, through undersigned counsel, move the Court to vacate the deadline for dispositive motions (Dkt. 33) pending the Court's ruling on Plaintiff's pending motions (Dkt. 22, 38). Upon the Court's ruling on the pending motion, Defendants request the Court enter a new scheduling order as to dispositive motions. This motion is supported by good cause and is not made to cause undue delay. Plaintiff filed his Third Amended Complaint on March 21, 2005. (Dkt. 15.) On September 12, 2005, the Court dismissed Counts I, II and III without prejudice for failure to state a claim. (Dkt. 19.) The Court entered a Scheduling Order on December 21, 2005, setting the deadline for dispositive motions by June 20, 2006. On October 17, 2005, and February 27, 2006 Plaintiff filed motions for final Judgment pursuant to Rule 54(b) (Dkt.
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No: CV04-306 PHX SRB (LOA) MOTION TO VACATE DISPOSITIVE MOTION DEADLINE (DKT. 33)

Schaulin, Duarte, Schriro and Rivas. Document 47 Filed 06/07/2006 Page 1 of 4

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22, 38), as well as a request for the Court to rescind its order dismissing Counts I, II and III (Dkt. 38). Defendants responded to the motion on March 13, 2006. (Dkt. 41.) Currently pending before the Court is Plaintiff's requests for final judgment on Counts I, II and III, or in the alternative reinstatement of those Counts. Defendants intend to file a dispositive motion as to Plaintiff's remaining claim in Count IV. Due to the related nature of Counts I, II and III to Count IV, undersigned counsel requests that the deadline for dispositive motions be vacated until the Court has ruled on Plaintiff's pending motions. Vacating the dispositive motion deadline will most likely have a positive rather than a negative impact on the judicial proceedings and will avoid litigating this case in a piecemeal fashion. Defendants request the Court vacate the deadline for filing the dispositive motions until the Court rules on the pending final judgment and reinstatement motions and then issue a new scheduling order for the parties to follow on the remaining counts of the Complaint. Defendants make this request to help serve the interest of judicial economy in an already over-burdened court system. This motion is not for the purpose of delay. RESPECTFULLY SUBMITTED this 7th day of June, 2006. TERRY GODDARD Attorney General s/Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants

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Original and one copy filed this 7th day of June, 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 ­ Tucson/Manzanita CDU 10002 S. Wilmot Rd. P.O. Box 24401 Tucson, AZ 85734-4401 Plaintiff Pro Se

s/A. Palumbo______ Legal Secretary to Catherine M. Bohland IDS05-0367/RM#___________
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ARMANDO ROBERTO AROS III, No: CV04-306 PHX SRB (LOA) MOTION TO VACATE DISPOSITIVE MOTION DEADLINE

4 Plaintiff, 5 v. 6 ROBINSON, et al., 7 Defendants. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Court having considered Defendants' motion to vacate the dispositive motion deadline and Plaintiff's response, and finding good cause: IT IS ORDERED that Defendants' motion is GRANTED and the deadline to file dispositive motions will be vacated and a new scheduling order entered upon the Court's ruling on Plaintiff's pending motions.

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