Free Response in Opposition to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Arizona Attorney General Darrin J. DeLange Assistant Attorney General State Bar No. 015699 1275 West Washington Street Phoenix, AZ 85007-2997 (602) 542-7693 Telephone (602) 542-7670 Facsimile [email protected] Attorneys for Defendant James IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Andre Almond DENNISON, Case No. CV 03-2373 PHX SRB (JI) DEFENDANT'S RESPONSE IN OPPOSITION TO EMERGENCY MOTION TO POSTPONE MARCH 27, 2007 TRIAL

11 Plaintiff, 12 v. 13 Conrad LUNA, et al., 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 Defendant, by undersigned counsel, responds in opposition to Plaintiff's "Emergency" Motion to Postpone March 27, 2007 Trial. Plaintiff's Motion has absolutely no merit, and has already been precluded by this Court's directions during the Final Pretrial Conference on February 8, 2007. Instead of repeating what has already been filed, Defendant directs this Court to "Defendant's Motion in Limine RE: Witnesses. . . ." dated March 14, 2007, [dkt.191] which explains the substantive reasons why Plaintiff is now trying to subpoena extra witnesses beyond what this Court approved, and witnesses that undersigned counsel did not agree to make available. Furthermore, undersigned counsel made many adjustments with other attorneys in order to agree to this trial date. In early April, undersigned counsel will be working on a Ninth Circuit Appellate brief in the matter of Shakur v. Stewart, No. 05-16705. Also in 1
Case 2:03-cv-02373-SRB Document 202 Filed 03/23/2007 Page 1 of 2

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April, undersigned counsel will be devoting significant time in the matter of Harris v. Cardwell, CIV 75-185 PHX SRB, where opposing counsel has already granted a generous extension so that undersigned counsel could prepare for this trial. After that, undersigned counsel must begin preparing for another trial in the matter of Sanchez v. Rivas, CV 040794 PHX-ROS (VAM). Thus, besides the obvious legal reasons that should preclude Plaintiff Dennison's Motion to postpone this trial, undersigned counsel's calendar does not have another date available in the near future to reschedule this trial. Therefore, Defendant, respectfully requests that this Court deny Plaintiff's Motion to Postpone Trial. RESPECTFULLY SUBMITTED this 23rd day of March, 2007. TERRY GODDARD Arizona Attorney General

s/ Darrin J. DeLange Darrin J. DeLange Assistant Attorney General Attorneys for Defendant James

CERTIFICATE OF SERVICE 19 20 21 22 23 24 25 26 Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326 Plaintiff Pro Se s/L. Young Secretary to Darrin J. DeLange IDS04-0294/RSK:G04-20632 1005504 2
Case 2:03-cv-02373-SRB Document 202 Filed 03/23/2007 Page 2 of 2

I hereby certify that on the same day, I served the attached document and Notice of Electronic Filing by mail on the following: Copy mailed the same date to: