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

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Terry Goddard Attorney General J. Randall Jue State Bar no. 014816 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA David Ray Walker, Case No: 03-CV-2308 PHX JWS (MEA) Plaintiff, v. Schriro, et al., Defendants. DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGEMENT

Defendants,1 through undersigned counsel, move for an enlargement of time to reply to the Plaintiff's response to the Defendants' Motion for Summary Judgment. This motion for enlargement of time is supported by the attached Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED this 19th day of December, 2005. Terry Goddard Attorney General s/J. Randall Jue J. Randall Jue Assistant Attorney General Attorneys for Defendant
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Charles Ryan and Bruce Kanter.
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MEMORANDUM OF POINTS AND AUTHORITIES On November 28, 2005, the Plaintiff filed a Motion to Deny Defendants Statement of Facts. (Dkt. 58.) On November 30, 2005, the Court denied the motion (Dkt. 58) and construed it as opposition to Defendants' Motion for Summary Judgment. (Dkt. 59.) The Defendants contend that December 19, 2005, appears to be the deadline for the Defendants to file a reply to the Plaintiff's response to their Motion for Summary Judgment. However, the Defendants need additional time to file a reply to the Plaintiff's response. Specifically, Defense counsel has been involved in other matters, including arguing before the Ninth Circuit on December 5, filing a motion for summary judgment in Wussler v. Stewart (02CV-1768), preparing an Answering Brief for an appeal before the Ninth Circuit in Pickett v. Stewart (02-CV-1773), attending a settlement conference in Wiley v. Stewart (02-CV1126), and filing a response to a supplemental response in Bilke v. State (CV1988026272). Consequently, Defendants request an enlargement of time to file a reply to the Plaintiff's response to their Motion for Summary Judgment until January 16, 2006. Rule 6(b), Federal Rules of Civil Procedure, permits the Court for cause shown, under its discretion, to grant an appropriate extension of time to comply with an order of the Court. Defendants are not trying to delay the timely resolution of this matter. However, Defendants contend that an enlargement of time is appropriate under the circumstances. RESPECTFULLY SUBMITTED this 19th day of December, 2005. Terry Goddard Attorney General s/J. Randall Jue J. Randall Jue Assistant Attorney General Attorneys for Defendant

Case 2:03-cv-02308-JWS-MEA

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Original and copy filed this 19th day of December, 2005 to: Clerk of Court United States District Court 401 West Washington Phoenix, AZ 85003 Copy of the foregoing mailed this same date to: David Ray Walker 346 N. 15th Street Phoenix, AZ 85006 Plaintiff Pro Se

Secretary to: J. Randall Jue IDS04-0205/RMG04-20391 939349

Case 2:03-cv-02308-JWS-MEA

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