Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

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Case 2:04-cv-00056-NVW-LOA Document 93 Filed 12/19/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kerry Allynn Chase, Plaintiff, vs. Brian Cox, et al., Defendants.

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No. CV 04-056 PHX NVW ORDER

Before the court is Plaintiff's Notice (doc. # 81), which the court construes as a motion for reconsideration under LRCiv 7.2(g) asking the court to reconsider its order of August 9, 2005, granting the motions for summary judgment of defendants Cox and Sesma (doc. #78), and Plaintiff's Revised Motion for Reconsideration (doc. # 90). The court has also considered all other pertinent documents, which are documents nos.83, 85, 86, 87,and 91. The court cannot determine with certainty that Plaintiff received the properly mailed copies of Defendant Cox's Motion for Summary Judgment (doc. #70), Defendant Robert Sesma's Motion for Summary Judgment (doc. #69), and the Magistrate Judge's May 15, 2005 order (doc. #73),advising Plaintiff as required by Rand v. Rowland, 154 F.3d 952, 962 (9th Cir.P 1998), of his obligations to respond to the motions and of the consequences of failure to timely respond. IT IS THEREFORE ORDERED that Plaintiff's Notice (doc. # 81) and Plaintiff's Revised Motion for Reconsideration (doc. # 90) are granted.

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IT IS FURTHER ORDERED that the order of August 9, 2005, granting the motions for summary judgment of defendants Cox and Sesma (doc. #78) is vacated, and Plaintiff is allowed until January 20, 2006, within which to file responses to Defendant Cox's Motion for Summary Judgment (doc. #70) and Defendant Robert Sesma's Motion for Summary Judgment (doc. #69). Defendants may have until February 10, 2006 within which to file replies. The court does not contemplate extending these due dates absent extraordinary circumstances. IT IS FURTHER ORDERED that the clerk of the court shall make copies of documents nos. 69, 70, 71, 73 and mail them to Plaintiff. DATED this 15TH day of December 2005.

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