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

SRM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Charles McManus, Plaintiff -vsCarl B. Dodge, et al., Defendant(s) CV-03-2327-PHX-MHM (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Under consideration is Plaintiff's Motion for Extension of Time, filed May 3, 2006 (#77). Plaintiff seeks an unspecified extension of time to respond to Defendants' Motion for Summary Judgment, filed October 12, 2005 (#53). Defendants have not responded. Plaintiff complains that he requires the additional time because he did not retain copies of his exhibits, filed with his original response and cross motion for summary judgment and statement of facts, filed April 11, 2006. The Court has ordered that motion stricken as delinquent. (Order 4/18/06, #74.) The Court is uncertain how, even in the absence of an order striking Plaintiff's motion, Plaintiff anticipated filing his response to Defendant's motion for summary judgment. Plaintiff apparently did not retain copies of his exhibits, nor provide sufficient copies for the Clerk to return a conformed copy. Now, Plaintiff expects the Court to bear the cost of providing him with those copies, and granting him additional time to prepare his response afterwards. This Court has already provided Plaintiff well over seven months to prepare and submit a response. Instead of doing so, Plaintiff chose to submit a response entwined with his own motion, which motion was almost four months delinquent. In the interests of the efficient administration of justice, the Court will oblige Plaintiff one final time. Plaintiff is cautioned that he will not be again provided copies without payment of the normal costs.
Document 78 1 - Filed 06/05/2006 Page 1 of 2

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

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IT IS THEREFORE ORDERED that Plaintiff's Motion for Extension of Time, filed May 3, 2006 (#77) is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall have twenty days from the filing of this Order to respond to Defendants' Motion for Summary Judgment, filed October 12, 2005 (#53). IT IS FURTHER ORDERED that the Clerk of the Court send to Plaintiff copies of Plaintiff's Response to Motion for Summary Judgment and Cross-Motion for Summary Judgment, filed April 11, 2006 (previously Docket #70) and Plaintiff's Statement of Facts, filed April 11, 2006 (previously Docket #71) and the Exhibits attached thereto.

DATED: June 5, 2006
S:\Drafts\OutBox\03-2327-77o Order 06 05 23 re MExtend.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

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

Document 78 2 - Filed 06/05/2006 -

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