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

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JEFFREY S. BUCHOLTZ Acting Assistant Attorney General DIANE J. HUMETEW A United States Attorney District of Arizona RONALD R. GALLEGOS Assistant U.S. Attorney Civil Chief Arizona State Bar No. 013227 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 4408 Telephone: (602) 514 7500 Facsimile: (602) 514 7760 SHEILA LIEBER VESPER MEI Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave. N.W ., Rm. 7316 W ashington, D.C. 20001 Telephone: (202) 514 4686 Fax: (202) 616 8470

UNITED STATES DISTRICT COURT 15 DISTRICT OF ARIZONA 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ANTHONY RODGERS, et al. Defendants. SHARON NEWTON-NATIONS, et al. CIV-03-2506 PHX-EHC Plaintiffs, DEFENDANTS' UNOPPOSED MOTION FOR TWO-WEEK EXTENSION TO FILE MOTION FOR SUMMARY JUDGMENT AND FOR ENLARGEMENT OF PAGE LIMITS (First Request)

Pursuant to Fed. R. Civ. P. (6)(b)(1) and LRCiv 7.3, Defendant Michael O. Leavitt, by and through undersigned counsel, respectfully moves this Court for a two-week enlargement of time, up to and including April 22, 2008, to move for summary judgment and respond to plaintiffs' motion for summary judgment in this case. Defendant Leavitt also moves for an enlargement of the page limits on his memorandum in support of his summary judgment motion and in response to plaintiffs' motion for summary judgment from 25 pages to 35 pages, and to enlarge the page limits on the parties' reply memoranda from 20 to 30 pages.

Case 2:03-cv-02506-EHC

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Defendant Rodgers joins in this motion. Counsel for Defendant Leavitt has discussed the relief requested with counsel for plaintiffs, who have stated that they do not oppose this motion. In support of this Motion, Defendant Leavitt states as follows: 1. On January 4, 2007, this Court entered an Order setting forth a summary

judgment briefing schedule for the parties, and enlarging the page limits to 25 pages for the opening and opposition briefs, and 20 pages for the replies. On March 10, 2008, this Court granted Plaintiffs' Motion to Exceed the Page Limit for their opening brief, allowing plaintiffs to file a 35-page memorandum in support of their summary judgment motion. The defendants' Motions for Summary Judgment and Responses to Plaintiffs' Motion for Summary Judgment are currently due on April 8, 2008. 2. On March 10, 2008, plaintiffs filed their 35-page opening brief in support of

their motion for summary judgment, along with a number of supporting materials. As a result of the added length of plaintiffs' brief, the additional supporting materials, and the press of business in this and other cases, defendants seek a two-week extension in which to file their Motions for Summary Judgment and Responses to Plaintiffs' Motion, or until April 22, 2008. Plaintiffs' Response to Defendants' Motions for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment would then be due May 23, 2008, and Defendants' Replies in Support of Defendants' Motions for Summary Judgment would be due June 23, 2008. 3. In order to fully address the arguments set forth in plaintiffs' moving papers,

defendants also seek the same enlargement of page limitations that plaintiffs received, and seek to file memoranda of up to 35 pages. 4. In addition, the parties have conferred, and have agreed to jointly seek an

enlargement of the page limitations to 30 pages for the reply briefs. 5. Defendants do not believe that plaintiffs will be prejudiced by this motion,

which will allow Defendants to prepare and serve thorough motions and responses, and plaintiffs have consented to this motion. 2

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Dated: March 25, 2008 Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General DIANE J. HUMETEWA United States Attorney RONALD R. GALLEGOS Civil Chief SHEILA LIEBER Deputy Branch Director

/s/ Vesper Mei VESPER MEI U.S. Department of Justice, Civil Division Tel: (202) 514-4686 Fax: (202) 616-8470 Courier Address: 20 Massachusetts Avenue, N.W. Room 7316 Washington, D.C. 20001 Attorneys for Defendant Secretary Michael O. Leavitt

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CERTIFICATE OF SERVICE I, Vesper Mei, an attorney, hereby certify that on March 25, 2008, I electronically transmitted the foregoing Defendants' Unopposed Motion for Two-week Extension to File Motion for Summary Judgment and for Enlargement of Page Limits to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic filing and to ECF registrants. I further certify that a copy of the foregoing Motion was mailed this 25 day of March, 2008, to the following:

MARTHA JANE PERKINS NATIONAL HEALTH LAW PROGRAM 211 N. COLUMBIA ST. 2ND FLOOR CHAPEL HILL, NC 27516

/s/ Vesper Mei VESPER MEI

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