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 PURSUANT TO FED. R. Civ. P. 6(b) (First Request) Case No: CIV 03-2373 PHX-SRB (JRI)

Defendant James moves pursuant to Fed. R. Civ. P. Rule 6(b) for a thirty day enlargement of the deadline to file the Joint Proposed Final Pretrial Order. On

September 15, 2006, the Court ordered the parties to lodge their proposed pretrial order within 15 days. (Dkt. 136.) The Assistant Attorney General ("AAG")

previously assigned to this case, Randall Jue, has left the Civil Division of the Attorney General's Office and the undersigned filed a Notice of Substitution on September 1, 2006. (Dkt. 135.) Following the Court's September 15, 2006, Order, undersigned counsel reviewed the file and issues involved in this case in order to prepare the appropriate orders and motions for trial. On September 26, 2006,

undersigned conducted a telephonic conference with Plaintiff to include his portions in

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the draft versions of the Pretrial Order. On that same date, the undersigned forwarded to Plaintiff for his review: Proposed Final Pretrial Order; Stipulated Proposed

Statement of the Case; Joint Proposed Voir Dire Questions; and, Joint Proposed Jury Instructions and Verdict forms. Before the documents can be filed with the Court, counsel must receive from Plaintiff the items identified above and make any further revisions and additions to these documents and then re-submit them for his final review. Given Plaintiff's incarceration, it is necessary to exchange the documents via mail and therefore thirty days is a practical time-frame in which to complete these tasks. 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 thirty days. RESPECTFULLY SUBMITTED on this day of September, 2006. TERRY GODDARD Attorney General

CATHERINE M. BOHLAND Assistant Attorney General Attorneys for Defendant

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Original e-filed this 26th day of September, 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:

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, DEFENDANTS' MOTION FOR ENLARGEMENT OF THE DEADLINE TO FILE THE PARTIES' PROPOSED FINAL PRETRIAL ORDER PURSUANT TO FED. R. Civ. P. 6(b) (First Request) Case No: CIV 03-2373 PHX-SRB (JRI)

CONRAD LUNA, et al., Defendants.

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 October 26, 2006.

____________________________________ Honorable Judge Susan R. Bolton

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