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

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Gary T. Lowenthal ­ California Bar No. 46923 [email protected] 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach ­ Arizona Bar No. 06869 [email protected] JENNINGS, STROUSS & SALMON, P.L.C. A Professional Limited Liability Company The Collier Center, 11th Floor 201 E. Washington Street Phoenix, Arizona 85004-2385 Telephone: (602) 262-5911 Attorneys for Petitioner UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

STEVEN CRAIG JAMES, Petitioner, vs. DORA B. SCHRIRO, et al., Respondents.

No. CV 00-1118-PHX-NVW DEATH PENALTY CASE MOTION FOR EXTENSION TO FILE REPLY MEMORANDUM (First Request) Motion

Petitioner Steven Craig James moves the Court for an order extending the time to file his Reply Memorandum re: Merits of Claims. As explained below, this motion is prompted by a death in the family of Mr. James' lead attorney, Gary Lowenthal, that will prevent him from devoting any significant time to the Reply until after January 1, 2008. Accordingly, this motion asks the Court to extend the deadline for filing the Reply to February 15, 2008. We have discussed this request with counsel for the State, Assistant Attorney

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General Robert Gorman, and he has no objection. Reasons That Prompt This Motion Three days after receiving the State's Response to Petitioner's Opening Memorandum, Mr. Lowenthal learned that his younger sister had suddenly and unexpectedly died. Her death complicates the preparation of Petitioner's Reply for the following reasons: · Mr. Lowenthal's sister died intestate in California. Mr. Lowenthal must make arrangements for a probate proceeding in that state. In addition, logistically, Mr. Lowenthal must spend time at her residence packing her belongings and moving her personal property. · Mr. Lowenthal's sister had been taking care of their mother, who suffers from Alzheimer's disease. Mr. Lowenthal must now assume responsibility for her care, which may mean moving her to a new convalescent home. Additionally, his mother is the beneficiary of the estate, and Mr. Lowenthal must make arrangements to have a conservator appointed to deal with inheritance issues. · There are a number of related issues, including matters with the Social Security Administration, to which Mr. Lowenthal must devote attention. To compound matters, with the onset of the holidays, it is anticipated that there will be more delay in accomplishing what needs to be done than there otherwise would be. In these circumstances, Mr. Lowenthal does not anticipate that he will be able to devote any meaningful time to the preparation of the Reply Memorandum until after January 1, 2008. We represent that this request is in the interests of justice and is not made for purposes of delay. 2
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Relief Requested The motion should be granted and Petitioner's deadline to file a Reply Memorandum should be extended to February 15, 2008. November 5, 2007. Gary T. Lowenthal 1490 Camino Corrales Santa Fe, NM 87505 Douglas Gerlach JENNINGS, STROUSS & SALMON, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004-2385 Attorneys for Petitioner

By

/s/ Douglas Gerlach Attorneys for Petitioner

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CERTIFICATE OF SERVICE I hereby certify that on November 5, 2007, I electronically transmitted this Motion for Extension to File Reply Memorandum to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Robert John Gorman Office of the Attorney General Criminal Appeals Section 400 W. Congress, Suite 315 Tucson, AZ 85701-1367 [email protected] Attorney for Respondents and copy mailed to: The Honorable Neil V. Wake Judge, United States District Court United States District Court 401 West Washington Phoenix, AZ 85003 /s/ Denise L. Christiansen

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