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, acknowledge receipt of Plaintiff's Addendum to Motion Requesting Final Judgment. (Dkt. 38) Defendants do not object to the Court entering a final judgment to Counts I, II and III of Plaintiff's Third Amended Complaint. (Dkt. 20) The relief requested by Plaintiff in addition to an entry of judgment is untimely and not supported by good cause and should be denied. This response is supported by the following Memorandum of Points and Authorities. No: CV04-306 PHX SRB (LOA) DEFENDANT'S RESPONSE TO PLAINTIFF'S ADDENDUM TO MOTION REQUESTING FINAL JUDGMENT (DKT. 38)

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Schaulin, Duarte, Schriro and Rivas. Document 41 Filed 03/13/2006 Page 1 of 3

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MEMORANDUM OF POINTS AND AUTHORITIES Final Judgment

In his motion, Plaintiff requests a signed final judgment be entered by the Court so that he can appeal the Court's dismissal of Counts I, II and III of his Third Amended Complaint. (Dkt. 20) "The court may direct an entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment..." Rule 54, Fed. R. Evid. Should the Court determine that Plaintiff's request for an entry of judgment is timely and otherwise appropriate, Defendants do not object to the Court entering a final judgment as to Counts I, II and III of Plaintiff's Third Amended Complaint. If judgment is granted and Plaintiff appeals, Defendants intend to timely move to stay the current action pending Plaintiff's appeal. II. Motion to Reconsider Plaintiff's motion also contains a request for relief in the form of a motion for reconsideration. A motion for reconsideration must be "filed not later than ten (10) days after the filing of the Order that is the subject of the motion," unless good cause is shown. Rule 7.2(g), L. R. Civ. P. The Court's Order dismissing Counts I, II and III of Plaintiff's Amended Complaint was entered on September 21, 2005, (Dkt. 19) and Plaintiff's motion for reconsideration was filed on February 27, 2006, (Dkt. 38) well over the required 10 (ten) days permitted by the Local Rules. Therefore, the Defendants request the Court deny Plaintiff's motion for reconsideration as untimely. If the Court find that good cause exists to consider Plaintiff's request for reconsideration, Defendants request an opportunity to respond pursuant to Local Rule 7.2(g).

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CONCLUSION Defendants do not object to the Court entering a final judgment as to Counts I, II and III of Plaintiff's Third Amended Complaint. If, the Court accepts Plaintiff's request for reconsideration and considers granting relief, Defendants request the Court that it provide Defendants with an opportunity to respond. RESPECTFULLY SUBMITTED this 13th day of March, 2006. TERRY GODDARD Attorney General

s/Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants Original and one copy filed this 13th day of March, 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/Riticon Unit 10006 S. Wilmot Rd. P.O. Box 24403 Tucson, AZ 85734-4403 Plaintiff Pro Se

s/A. Palumbo Legal Secretary to Catherine M. Bohland IDS05-0367/RM#___________
950656 v-2

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