Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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ELLEN SUE KATZ, AZ Bar. No. 012214 WILLIAM E. MORRIS INSTITUTE FOR JUSTICE 202 E. McDowell Rd., Suite 257 Phoenix, AZ 85004 (602) 252-3432 [email protected] JENNIFER L. NYE, AZ Bar No. 019230 ARIZONA CENTER FOR DISABILITY LAW 100 N. Stone Ave., Suite 305 Tucson, AZ 85701 (520) 327-9547 [email protected] JANE PERKINS NATIONAL HEALTHnd LAW PROGRAM 211 N. Columbia St., 2 Floor Chapel Hill, NC 27514 (919) 968-6308 [email protected] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) No. CIV 03-2506 PHX EHC ) ) ) ) PLAINTIFFS' UNOPPOSED MOTION ) TO EXCEED PAGE LIMIT ) ) ) Plaintiffs, ) (Assigned to Hon. Earl H. Carroll) ) v. ) ) Anthony Rodgers, Director of the Arizona ) ) Health Care Cost Containment System; and Michael O. Leavitt, Secretary of the ) ) United States Department of Health and ) Human Services, in their official ) ) capacities, ) ) Defendants. ) ) Sharon Newton-Nations; Manuela Gonzalez; Cheryl Bilbrey; Donald McCants; Hector Martinez; Anne Garrison; Dawn House; Dana Franklin; Edward Bonner; D.H.; Jack Baumhardt; Manuel Esparza; and Patricia Jones, on behalf of themselves and all others similarly situated,
Case 2:03-cv-02506-EHC Document 134 1 Filed 03/07/2008 Page 1 of 3

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Plaintiffs, through their undersigned counsel, request leave to exceed the page limitation set out in this Court's order dated January 4, 2007, for their Memorandum in Support of Plaintiffs' Motion for Summary Judgment and to be allowed to file a memorandum that is 35 pages. The motion and memorandum are to be filed on March 10, 2008. This case is a statewide certified class action concerning approximately 100,000 low-income persons in Arizona. The issues in this case; Plaintiffs' challenge to the enhanced copayments charged to the class and the notices given to the class concerning the copayments, are significant and require more than the 25 pages originally agreed to by the parties. In their Memorandum, Plaintiffs have described the factual background of the challenged practices; the Plaintiffs' individual situations, as well as those of class members; the legislative history, including relevant legislation during the last three years since the original motions for summary judgment were filed; and the legal arguments that support Plaintiffs' claims. Previously, when the parties filed their initial motions for summary judgment, the parties were allowed to file memorandums that were 42 pages. Defendants' counsel do not oppose this motion and agreed that the page limit for Plaintiffs' memorandum could be enlarged to 35 pages. WHEREFORE, Plaintiffs respectfully request leave to file a Memorandum in Support of Plaintiffs' Motion for Summary Judgment that is 35 pages. Respectfully submitted this 7th day of March 2008. ARIZONA CENTER FOR DISABILITY LAW WILLIAM E. MORRIS INSTITUTE FOR JUSTICE NATIONAL HEALTH LAW PROGRAM By /s/ Ellen Sue Katz Ellen Sue Katz William E. Morris Institute for Justice 202 East McDowell, Suite 257 Phoenix, Arizona 85004 Attorneys for Plaintiffs
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ORIGINAL of the foregoing electronically filed with the Clerk of the Court this 7th day of March 2008. COPY of the foregoing emailed via Electronic Case Filing System this 7th day of March 2008 to: Logan Johnston Johnston Law Office PLC One North First Street, Suite 250 Phoenix, Arizona 85004-2359 Attorney for Defendant Rodgers COPY of the foregoing faxed this 7th day of March 2008, to: Vesper Mei U. S. Department of Justice Federal Programs Branch Civil Division ­ Room 7316 20 Massachusetts Avenue, N.W. Washington, D.C. 20001 Attorney for Defendant Leavitt COPY of the foregoing mailed this 7th day of March 2008, to: Honorable Earl H. Carroll United States Senior District Judge United States District Court District of Arizona Sandra Day O'Connor U. S. Courthouse 401 West Washington Street, SPC 56, Suite 621 Phoenix, Arizona 85003-2156

By /s/ Marc Kelley
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Case 2:03-cv-02506-EHC

Document 134 3

Filed 03/07/2008

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