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 April 21, 2006 (#75). Although no response to the motion has been filed, and the time to respond has not yet run, the Court finds that neither a response nor a reply are necessary to a fair adjudication of the motion. Plaintiff seeks a 30 to 60 day extension of time to respond to Defendants' Motion for Summary Judgment, filed October 12, 2005 (#53). Plaintiff complains that he requires the additional time in light of the Court's having stricken his last response for improperly combining it with a delinquent cross motion for summary judgment, and for failure to submit the required separate statement of facts. That order granted Plaintiff ten days to file a proper response. The Court has already twice before denied Plaintiff's motions for additional time to respond, once on March 29, 2006 (#66) and again on April 14, 2006 (#73), because of the now more than six months already afforded for a response, and the lack of good cause to justify such extraordinary extensions. This latest request, thus, falls on deafening ears. The only cause which resonates with the Court is Plaintiff's assertion that his copies of his exhibits were submitted with his original response/cross motion. Presumably, Plaintiff has in the interim now had time to recover copies of those exhibits from the Clerk. Accordingly, the Court will afford Plaintiff a final limited continuance. No further extensions of time to respond are likely to be forthcoming.
Document 76 1 - Filed 04/26/2006 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 April 21, 2006 (#75) is GRANTED. IT IS FURTHER ORDERED that Plaintiff file his response to the Motion for Summary Judgment (#53) within ten days of the filing of this Order.

DATED: April 25, 2006
S:\Drafts\OutBox\03-2327-75o Order 06 04 24 re MExtend.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

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

Document 76 2 - Filed 04/26/2006 -

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