Free Motion to Withdraw - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona PETER M. LANTKA Assistant U.S. Attorney Arizona State Bar No. Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 Facsimile: (602) 514-7760 E-Mail: [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Donald Chapman, Plaintiff, v. John E. Potter, Postmaster General, United States Postal Service; and Yvonne Pearson, separately and in her individual capacity, Defendants. CIV-03-2537-PHX-DGC DEFENDANTS' MOTION TO WITHDRAW PREVIOUSLY FILED STATEMENT OF FACTS AND MOTION TO FILE UNDER SEAL EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND LEAVE TO FILE EXHIBITS LATE

Come now the Defendants, John E. Potter, Postmaster General, United States Postal

19 Service; and Yvonne Pearson, separately and in her individual capacity, by the undersigned, and 20 respectfully request that this Court allow Defendants to withdraw their previously filed 21 December 30, 2005 Statement of Facts [Doc. No. 159] and January 3, 2006, Motion to Seal 22 Documents [Doc. Nos. 161-162] and in support of which state as follows: 23 1. On December 30, 2005, Defendants, by prior counsel, lodged their Motion for Summary 24 judgment with the Court in tandem with a motion to file a brief in excess of the District's page 25 limitation. A corresponding statement of facts was filed the same day. 26 2. 28 On January 3, 2006, Defendants lodged all exhibits in support of their December 30, 2005 27 motion. Defendants' exhibits were filed in tandem with a Motion to File Exhibits Under Seal

Case 2:03-cv-02537-DGC

Document 165

Filed 01/13/2006

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1 and to File Exhibits Late. Filing under seal was necessary due to personal information on 2 Plaintiff and other employees contained therein. 3 3. The undersigned substituted his appearance for prior counsel on January 4, 2006; and on

4 January 9, 2006, this Court denied Defendants' motion to exceed page limits, allowing 5 Defendants until January 13, 2006 to file a motion in compliance with the Court's requirements. 6 4. A revised motion for summary judgment was filed in accordance with this Court's order

7 on January 13, 2006, accompanied by a Statement of Facts and a redacted version of all 8 necessary exhibits in accordance with this Court's General Order 04-26 and 5 U.S.C. 552a.1 9 5. As a redacted version of Defendants' exhibits is now on file with the Court, Defendants'

10 motion to file said exhibits under seal is moot, and Defendants' motion to may be withdrawn. 11 6. 12 7. 13 This Motion is not being made for purposes of harassment or delay. Entry of a proposed Order is lodged with this Motion. WHEREFORE, Defendants respectfully request that this Court GRANT their Motion

14 to withdraw Defendants' December 30, 2005 Statement of Facts and January 3, 2006 Motion 15 to File Under Seal Exhibits in Support of Motion for Summary Judgment and Leave to File 16 Exhibits Late. 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted this 13th day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Peter M. Lantka Peter M. Lantka Assistant U.S. Attorney

The Statement of Facts and redacted exhibits are in identical order to the original filing. 2

Case 2:03-cv-02537-DGC

Document 165

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CERTIFICATE OF SERVICE I hereby certify that on January 13, 2006, I electronically transmitted the attached

3 document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice 4 of Electronic Filing to the following CM/ECF registrants: 5 William R. Hobson 6 Law Offices of William R. Hobson 7303 W. Boston Street 7 Chandler, Arizona 85226 [email protected] 8 9 s/ LaRee Zickefoose 10 U.S. Attorney's Office 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:03-cv-02537-DGC

Document 165

Filed 01/13/2006

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