Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

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S:\Drafts\OutBox\03-2327-58o Order 05 11 04 re MReconsider.wpd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Charles McManus, Plaintiff -vsCarl B. Dodge, et al., Defendant(s) CV-03-2327-PHX-MHM (JI) ORDER

Under consideration is Plaintiff's Motion for Reconsideration, filed November 3, 2005 (#58). Plaintiff seeks to have the Court reconsider the order entered by the undersigned magistrate judge on October 24, 2005 (#57). That Order granted Defendants' motion to modify the schedule in this matter upon a finding of good cause. Plaintiff argues that the Court failed to consider the fact that Defendants complied with the deadlines for initial disclosure and disclosure of expert witnesses. Plaintiff asserts that ignoring subsequent deadlines constituted excusable neglect. Pursuant to Local Rule of Civil Procedure 7.2(g), because the Court is not inclined to grant the motion, no response is required. Rather than showing the lack of excusable neglect or good cause, the facts recited by Plaintiff further illustrate that Defendants were diligent in prosecuting this matter insofar as they were able in light of the difficulties in submitting the joint discovery plan. Good cause for the modification of the schedule remains. IT IS THEREFORE ORDERED that Plaintiff's Motion for Reconsideration, filed November 3, 2005 (#58) is DENIED. DATED: November 9, 2005 _____________________________________ JAY R. IRWIN United States Magistrate Judge
Document 59 1 - Filed 11/09/2005 Page 1 of 1

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