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

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General State Bar No. 022124 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants. DEFENDANTS' MOTION FOR ENLARGEMENT OF THE DEADLINE TO FILE THE PARTIES' PROPOSED FINAL PRETRIAL ORDER Case No: CIV 03-2373 PHX-SRB (JRI)

Defendant James moves pursuant to Fed. R. Civ. P. Rule 6(b) for a two day enlargement of the deadline to file the Joint Proposed Final Pretrial Order. Based on the Court's November 21, 2006 Order, the deadline for filing the Joint Proposed Final Pretrial Order is December 18, 2006. (Dkt. 147.) The Court ordered Plaintiff to serve Defendants a notice and other modifications by December 1, 2006. (Id.) Undersigned counsel received Plaintiff's notice and modifications on December 6, 2006. On

December 13, 2006, undersigned sent (via Federal Express) the following documents to Plaintiff for his review: Joint Proposed Pretrial Order; Joint Proposed Voir Dire Questions; Joint Proposed Model Jury Instructions; Plaintiff's Proposed Statement of the Case; Plaintiff's Proposed Non-Model Jury Instructions and Defendant's Objections; Plaintiff's Proposed Jury Verdict Forms; Defendant's Proposed Statement

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of the Case; Defendant's Proposed Model and Non-Model Jury Instructions and Plaintiff's Objections; and, Defendant's Verdict Forms. Undersigned has a telephonic conference with Plaintiff on December 18, 2006, at 10:00 a.m. to verify that all of Plaintiff's modifications are included in the pretrial orders. Undersigned counsel instructed Plaintiff to sign all documents after the

telephonic conference, should they meet his approval, and return the documents via a Federal Express envelope provided to him. Fed. R. Civ. P. Rule 6(b) provides that this Court may exercise its discretion to enlarge litigation deadlines. Defendant submits that the circumstances set forth above constitute sufficient cause for this Court to exercise its discretion to grant the requested enlargement. The enlargement being sought will not be prejudicial to the Plaintiff and is not being made for purposes of delay, but out of necessity. Therefore, for the reasons set forth above, Defendant respectfully requests that the deadline to file the Joint Proposed Final Pretrial Order be enlarged for two days, until December 20, 2006. RESPECTFULLY SUBMITTED on this 14th day of December, 2006. TERRY GODDARD Attorney General

s/Catherine M. Bohland CATHERINE M. BOHLAND Assistant Attorney General Attorneys for Defendant

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Original e-filed this 14th day of December, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to:

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 #991366 s/ A. Palumbo Secretary to: Catherine M. Bohland IDS04-0294/RSK:G04-20632 Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA ANDRE ALMOND DENNISON, Case No: CIV 03-2373 PHX-SRB (JRI) ORDER v. CONRAD LUNA, et al.,

4 Plaintiff, 5 6 7 Defendants. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Court having considered Defendants' motion for enlargement of time and Plaintiff's response, and finding good cause: IT IS ORDERED that Defendants' motion is GRANTED and the deadline to file the Joint Proposed Final Pretrial Order is extended until December 20, 2006.

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