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

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TERRY GODDARD Attorney General J. Randall Jue Assistant Attorney General State Bar No. 014816 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Andre Almond Dennison, Plaintiff, v. Conrad Luna, et al., Defendants. DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT No. 03-CV-2373 PHX SRB (JI)

Defendants,1 through undersigned counsel, move for an enlargement of time to reply to Plaintiff's response to their Motion for Summary Judgment (Dkt. 88). This motion is supported by the attached Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED on this 21st day of December, 2005. TERRY GODDARD Attorney General

s/ J. Randall Jue J. RANDALL JUE Assistant Attorney General Attorneys for Defendants ///
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Luna, Stewart, James, Emore, Pinson, Hewitt, Nelson, Fridenmaker, Cooper, and

Schriro.
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MEMORANDUM OF POINTS AND AUTHORITIES On December 9, 2005, the Plaintiff filed a response to the Defendants' Motion for Summary Judgment ("Response") and a Motion for Leave to File Excess Pages for Motion for Summary Judgment (Dkt. 103). The Court has not yet ruled on the Plaintiff's motion to exceed the page limit. It appears that the Defendants' reply to the Response is due on or about December 24, 2005. The Defendant recently supplemented their prior responses to the Plaintiff's discovery requests on December 16 (Dkt. 105). In addition, Defense

counsel has been involved in other matters, including arguing before the Ninth Circuit on December 5 in Mulholland v. Holliday (02-CV-105), filing a motion for summary judgment in Wussler v. Stewart (02-CV-1768), responding to a supplemental response to motion for reconsideration in Bilke v. State (CV1988-026272), submitting an Answering Brief to the Ninth Circuit in Pickett v. Stewart (02-CV-1773) on December 20, filing a motion for summary judgment in Aguilar v. Schriro (04-CV-1271) on December 20, and preparing a motion for summary judgment in Jonas v. Schriro (04-CV-2719) for filing on December 23. Counsel also had to prepare for, and attend, a settlement conference in Wiley v. Stewart (02-CV-1126) on December 19. Consequently, the Defendants request that they be granted an enlargement of time to reply to the Plaintiff's Response by January 24, 2006. Rule 6(b) of the Federal Rules of Civil Procedure permits the Court for cause shown, in its discretion, to grant an appropriate extension of time to comply with the rules or an order of the Court. The Defendants contend that the reasons set forth above

constitute good cause for the Court to exercise its discretion. The Defendants are not trying to delay the timely resolution of this matter.

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RESPECTFULLY SUBMITTED on this 21st day of December, 2005. TERRY GODDARD Attorney General s/ J. Randall Jue J. RANDALL JUE Assistant Attorney General Attorneys for Defendants

Original e-filed this 21st day of December, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, Arizona 85003 COPY mailed on the same date to: Andre Almond Dennison, # 143931 ASPC ­ Lewis ­ Morey Unit P.O. Box 3300 Buckeye, Arizona 85326 Plaintiff Pro Per s/ C. Jordan Secretary to J. Randall Jue
IDS04-0294/RM G2004-20632 939911

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