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

1 2 3 4 5 6 7 8 9 10 11 12 Terravita Country Club, Inc., et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02525-DKD Document 116 Filed 01/04/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Margaret Thayer, Plaintiff, vs.

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No. CIV 03-2525-PHX-DKD ORDER

Pending before the Court is Defendants Ray's Motion for Leave to File Motion for Summary Judgment (Doc. #102). Plaintiff opposes the Motion for understandable reasons. Case management deadlines are set to provide for efficiency and fairness and these purposes are frustrated when deadlines are missed. Nevertheless, the Court must not lose sight of the overall command of the Rules of Civil Procedure that they "be construed and administered to secure the just, speedy, and inexpensive determination of every action." Fed. R. Civ. P. 1. Here the circumstances are that Defendants Ray seek to present matters for summary adjudication which are already presented for such adjudication by other defendants. Plaintiff admits "that there is some cross-over" but contends that individual facts unique to each defendant and an additional claim will require substantial work. It would appear however that this work would be necessary for trial and that imposing it at this time would not be so great a burden.

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Accordingly, IT IS ORDERED GRANTING Defendants Ray's Motion for Leave to File Motion for Summary Judgment (Doc. # 102). Defendants Ray's Motion for Summary Judgment, which was attached as Exhibit A to Defendants Ray's Motion, shall be filed in the form presented to the Court within five days of this Order. Briefing on the summary judgment motion shall be pursuant to the Local Rules unless otherwise ordered for good cause shown. DATED this 4th day of January, 2006.

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