Free Response to Motion - 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' RESPONSE TO PLAINTIFF'S REQUEST FOR ENLARGMENT OF TIME TO FILE JOINT PROPOSED PRETRIAL ORDER (DKT. 143) Case No: CIV 03-2373 PHX-SRB (JRI)

Defendant James, by and through undersigned counsel, responds to Plaintiff's request for an enlargement of time to file his joint proposed pretrial order. (Dkt. 143.) On October 24, 2006, Defendant filed the Stipulated Proposed Statement of the Case (Dkt. 139), Proposed Pretrial Order (Dkt. 140), Voir Dire Questions (Dkt. 141), and Proposed Jury Instructions (Dkt. 142). As noted in those documents, Plaintiff and undersigned counsel conferred on five occasions in an effort to comply with the Court's Order to complete the documents identified above. Plaintiff, however, refused to cooperate with undersigned counsel when a disagreement arose over the nature and extent of stipulations Plaintiff asserts were agreed to by a former Assistant Attorney General assigned to this matter, which were against the best interests of Defendant.

Case 2:03-cv-02373-SRB

Document 144

Filed 11/08/2006

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The documents, as filed with the Court, accurately reflect Defendant's position as to the issues. Defendant, however, does not object to Plaintiff submitting proposed modifications to his portion of the Proposed Statement of the Case or Proposed Pretrial Order or for an enlargement of time. Defendants, however, request the Court provide Plaintiff with guidelines on how to proceed in this matter. RESPECTFULLY SUBMITTED on this 8th day of November, 2006. TERRY GODDARD Attorney General

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

Original e-filed this 8th day of November, 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: Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326 s/ A. Palumbo Secretary to: Catherine M. Bohland IDS04-0294/RSK:G04-20632 #986458

Case 2:03-cv-02373-SRB

Document 144

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Filed 11/08/2006

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