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 April 3, 2006.

Plaintiff's response is

Counsel requests an additional

26 ninety (90) day extension for the following reasons: 27 28

1.

A witness (medical doctor) key to Plaintiff's response is no longer practicing at his last known 1 Document 38

Case 2:04-cv-00259-EHC-DKD

Filed 03/27/2007

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location and he cannot be found in the newest telephone book. Counsel will require time to

locate and interview the doctor and possibly obtain his affidavit. 2. Last month, undersigned counsel sent to his client at the Sam Lewis Prison a document requiring his signature together with a postage-paid and selfaddressed envelope and to date that document has not been returned. Undersigned counsel will have

to find an opening in his schedule and travel to the prison to retrieve the document. This document

authorizes any medical practitioners to speak with undersigned counsel about Plaintiff. 3. Plaintiff James Hadges is scheduled to be released from prison in May of this year. He desires to

work with undersigned counsel on the response to the Motion for Summary Judgment and has specifically asked undersigned counsel to seek an extension of ninety (90) days in which to respond to the Motion for Summary Judgment. Undersigned counsel has spoken with Deputy County

22 Attorney Maria R. Brandon and she has no objection to a 90-day 23 extension. 24 25 26 27 28

RESPECTFULLY SUBMITTED this 27th day of March, 2007. PHILIP A. SEPLOW, ESQ.

By: s/Philip A. Seplow Philip A. Seplow, Esq. Attorney for Plaintiff 2 Document 38

Case 2:04-cv-00259-EHC-DKD

Filed 03/27/2007

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CERTIFICATE OF SERVICE

X I hereby certify that on March 27, 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 March 27, 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

Case 2:04-cv-00259-EHC-DKD

3 Document 38

Filed 03/27/2007

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