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

1 2 3 ! 4 5 6 7 8 James John Hadges, 9 10 11 12 13 14 15 16 17 18 19 20 21
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IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Maricopa County, a ) political subdivision of ) the State of Arizona; ) Sheriff Joseph Arpaio, as ) elected representative and ) as acting director of ) Maricopa County Sheriff's ) Office; Maricopa Medical ) Center; Correctional ) Health Services, an ) administrative agency of ) Maricopa County, ;Does 1) 10 inclusive; Roe ) Corporations 1-10 ) inclusive, ) ) Defendants. ) __________________________ ) Case No. CIV 04-0259-PHX-EHC (DKD)

MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

COMES NOW the Plaintiff, James John Hadges, by and

22 through undersigned counsel, and respectfully moves this Court for 23 its order extending the time in which Plaintiff is to respond to 24 Defendants' Motion for Summary Judgment. 25 presently due July 2, 2007.

Plaintiff's response is

Counsel requests an additional ninety

26 (60) day extension for the following reasons: 27 28

1.

On June 25, 2007, Defendants filed their Addendum to Statement of Facts in Support of Motion for 1 Document 41

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Summary Judgment.

Undersigned counsel has been in

trial for the past three weeks (expected to continue well into next week) in a homicide case in the Maricopa County Superior Court. However,

counsel did manage to meet with the Plaintiff and review the Motion for Summary Judgment and accompanying documents. However, this was prior to Counsel

the Defendants' filing of its Addendum.

will not have another opportunity to meet with the Plaintiff to go over the Addendum to the Statement of Facts prior to the July 2 deadline. 2. When meeting with the Plaintiff and reviewing the entirety of the discovery, it was discovered that portions of the discovery that are essential to a response to the Motion for Summary Judgment were not included in the discovery. Counsel immediately Based upon

requested these items from the defense.

a conversation with Deputy County Attorney Brandon, attorney for the Defendants regarding these items, it is clear that at least a sixty-day (60-day) continuance is required in order to obtain the documents and allow sufficient time for their review. It should be noted that defense counsel

has been very cooperative but, due to circumstances beyond her control, cannot quickly respond to Plaintiff's request. 3. Undersigned counsel has attempted to speak with the medical doctor who authored at least one of the 2 Document 41

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missing documents in an attempt to gain the information necessary but was advised that without the documents to refresh his memory, the medical doctor cannot and will not speak with counsel in this regard. His office attempted to locate his

portion of these records but was unable to do so. Undersigned counsel has spoken with Deputy County

8 Attorney Maria R. Brandon and she has no objection to a 60-day or 9 longer extension.

Counsel has exercised due diligence in trying

10 to timely respond to the Motion for Summary Judgment but cannot 11 file a proper response without the necessary documents which, 12 again, have been requested from the defense, and which again, 13 defense counsel is making every effort to provide. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

RESPECTFULLY SUBMITTED this 28th day of June, 2007. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Plaintiff

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CERTIFICATE OF SERVICE

X I hereby certify that on June 28, 2007, I electronically transmitted the attached document to the Clerk's Office using the 3 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Maria R. Brandon, Esq. 5 DEPUTY COUNTY ATTORNEY Attorney for Defendants 6
7

X I hereby certify that on June 28, 2007, I served the attached document by First Class Mail on the following, who are not registered 8 participants of the CM/ECF System:
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None. S/Philip A. Seplow

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