Free Objection - District Court of Arizona - Arizona

1 TERRY GODDARD ATTORNEY GENERAL 2 WANDA E. HOFMANN (014805) 3 Assistant Attorney General 177 North Church Avenue, Suite 1105 4 Tucson, Arizona 85701-1114 (520) 628-6044 · Fax (520) 628-6050 5 [email protected] 6 Attorneys for Defendants 7 8 9 10 11 12 13 14 15 Defendants. 16 17 Defendants Dodge, Dolce, Schriro, Pierce, Rabideau, Britton, Walker, Thelen and v. CARL B. DODGE; T. DOLCE; C. LARSEN; SANDRA WALKER; DORA SCHRIRO; KELLY PIERCE; J. THELEN; J. RABIDEAU; BRITTON, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CHARLES McMANUS, Plaintiff, DEFENDANTS' OPPOSITION TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; PLAINTIFF'S TRUE STATEMENT OF FACTS; AND PLAINTIFF'S DECLARATION No. CV03-2327 PHX-MHM (JI)

18 Larsen, through undersigned counsel, oppose Plaintiff's Motion for Summary Judgment, 19 True Statement of Facts and Declaration for failure to submit the exhibits referenced in 20 these documents. 21 Rule 56(e), Fed. R. Civ. P. requires that supporting and opposing affidavits shall be

22 made on personal knowledge, shall set forth such facts as would be admissible in 23 evidence, and shall show affirmatively that the affiant is competent to testify to the 24 matters stated therein. Sworn or certified copies of all papers or parts thereof referred to 25 in an affidavit shall be attached thereto or served therewith. Although Plaintiff did not file 26 an affidavit in support of his response to Defendants' Motion for Summary Judgment, he

Case 2:03-cv-02327-MHM-JRI

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1 filed a declaration citing to exhibits which were not attached to his declaration or any of 2 his supporting papers, which also reference the exhibits. 3 Defendants cannot properly reply to Plaintiff's Response to Defendant's Motion

4 for Summary Judgment, True Statement of Facts and Declaration because Plaintiff failed 5 to provide the exhibits. 6 WHEREFORE, Defendants request the Court to order Plaintiff to provide

7 Defendants with the exhibits referenced in his supporting papers in Response to 8 Defendants' Motion for Summary Judgment and allow the Defendants additional time to 9 reply once the exhibits have been submitted to Defendants. 10 11 12 13 14 15 COPY of the foregoing mailed 16 this 29th day of June, 2006 to: 17 Charles McManus #79938 18 ASPC-Eyman, Meadows Unit P.O. Box 3300 19 Florence, AZ 85232 20 21 22 23 24 25 26 2 s/J. Patterson Secretary, Attorney General's Office
IDS05-0022/967654

RESPECTFULLY SUBMITTED this 29th

day of June, 2006.

TERRY GODDARD ATTORNEY GENERAL

s/Wanda E. Hofmann WANDA E. HOFMANN Assistant Attorney General Attorneys for Defendants

Case 2:03-cv-02327-MHM-JRI

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