Free Order - District Court of Arizona - Arizona

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S:\Drafts\OutBox\04-0094-o Order 05 08 08 re Surreply on MTD.wpd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Etop Morgan Ekwere, Plaintiff -vsLuiz Rodriguez, et al., Defendant(s) CV-04-0094-PHX-DGC (JI) ORDER

On May 26, 2006, Defendant United States of America, moved to dismiss the individual defendants on the basis of a failure to make timely service. (#18) On July 27, 2005, Plaintiff, through counsel, responded and moved for an extension of time to serve (#25, 26). Defendant filed its Reply (#29) on August 5, 2005, along with a Notice of Substitution pursuant to 42 U.S.C. § 233, seeking to substitute Defendant USA for all individual defendants. This Reply raises arguments and grounds for dismissal not fairly raised in the original motion. In the interests of fairness and economy, Plaintiff will be provided an opportunity to further respond. IT IS THEREFORE ORDERED that Plaintiff shall have ten days from the filing of this Order to file a surreply to the Defendant's Motion to Dismiss (#18). IT IS FURTHER ORDERED that Defendant shall have five days from the service of such surreply to reply further in support of its Motion to Dismiss.

DATED: August 15, 2005

_____________________________________ JAY R. IRWIN United States Magistrate Judge

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Case 2:04-cv-00094-DGC-JRI Document 33 1 - Filed 08/16/2005 Page 1 of 1