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

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Sally Hart, AZ Bar No. 013453 WILLIAM E. MORRIS INSTITUTE FOR JUSTICE 2033 E. Speedway Blvd., Suite 200 Tucson, AZ 85719 [email protected] (520) 322-0127 Ellen Sue Katz, AZ Bar No. 012214 WILLIAM E. MORRIS INSTITUTE FOR JUSTICE 202 E. McDowell, Suite 257 Phoenix, AZ 85004 [email protected] (602) 252-3432 Jane Perkins NATIONAL HEALTH LAW PROGRAM 211 North Columbia Street, Second Floor Chapel Hill, North Carolina 27514 [email protected] (919) 968-6308 Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) ANTHONY RODGERS, Director of the Arizona ) Health Care Cost Containment System; and ) TOMMY THOMPSON, 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,

No. CIV 03-2506 PHX EHC JOINT MOTION FOR EXTENSION OF TIME TO FILE JOINT REPORT

(Assigned to Hon. Earl H. Carroll)

On October 26, 2007, this Court ordered the Parties to file a Joint Report informing the Court whether the current stay should be lifted and, if so, whether supplemental briefing is

Case 2:03-cv-02506-EHC

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requested on the summary judgment motions. The Joint Report is due, under the terms of the Order, on or before November 9, 2007. The Parties are currently engaged in settlement discussions that may resolve the issues in this case. It is their expectation that these settlement discussions will be concluded by the first of December, 2007. As resolution of the case by settlement would negate the need to lift the stay and provide further briefing, the parties hereby move that the due date for the Joint Report be extended to December 12, 2007, in order to give them time to engage in the pending negotiations. Dated: October 30, 2007 Respectfully submitted, JOHNSTON LAW OFFICES, P.L.C. WILLIAM E. MORRIS INSTITUTE FOR JUSTICE s/Sally Hart Sally Hart Attorney for Plaintiffs

s/Logan T. Johnston Logan T. Johnston Attorney for Defendants

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CERTIFICATE OF SERVICE

I certify that on this 30th day of October, 2007, I electronically transmitted the foregoing Joint Motion for Extension of Time to File Joint Report and Proposed Order Granting Extension of Time to File Joint Report to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic filing and to ECF registrants.

s/Marc Kelley

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