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

TERRY GODDARD ATTORNEY GENERAL (FIRM STATE BAR NO. 14000) DAWN M. NORTHUP ASSISTANT ATTORNEY GENERAL CRIMINAL APPEALS SECTION 1275 W. WASHINGTON PHOENIX, ARIZONA 85007B2997 TELEPHONE: (602) 542B4686 [email protected] (STATE BAR NUMBER 013352) ATTORNEYS FOR RESPONDENTS

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
DARREL ESTON LEE,
Petitioner,

CIV 04­39­PHX­MHM [Death Penalty Case] MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO CONSOLIDATED MOTION FOR DISCOVERY AND EVIDENTIARY HEARING AND TO EXPAND THE RECORD (First Request)

-vsDORA B. SCHRIRO, et al.,
Respondents.

Petitioner has filed a consolidated motion for discovery, evidentiary hearing and to expand the record. Respondent's response to these motions is due October 6, 2005. Respondents respectfully request a 30­day extension of time to file their consolidated response. Respondents are currently deposing expert witnesses and conducting discovery in Jones v. Schiro, CV 01­0384­PHX­SRB. Depositions are currently scheduled for September 30, 2002, October 7, 2005, and October 17, 2005. In addition, Respondents are interviewing lay witnesses and have filed discovery motions with the court to resolve discovery disputes in that case. Respondents were also ordered by the Arizona Supreme Court to file a response to a special action filed in Murdaugh v. Superior Court, CV­05­0303­SA, a capital
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1 case. That response has been filed. 2 The consolidated motion in the instant case is lengthy (41 pages) and 3 Respondent's intent is to file a consolidated response. Counsel for Petitioner has 4 no objection to an extension of time. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED this 30th day of September, 2005. Respectfully submitted, TERRY GODDARD Attorney General

s/ DAWN M. NORTHUP Assistant Attorney General Capital Litigation Section Attorneys for Respondents

1 I hereby certify that on September 30, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and 2 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 3 STEPHEN E. EBERHARDT 16710 S. Oak Park Avenue 4 Tinley Park, Illinois 60477 5 CARMEN L. FISCHER 45 W. Jefferson, Suite 403 6 Phoenix, Arizona 85003 7 8 9 10 Attorneys for Petitioner

s/Dawn M. Northup

11 CRM93­0463 122668 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cv-00039-MHM Document 80 3 Filed 09/30/2005 Page 3 of 3