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

1 Rosval A. Patterson, SBN 018872
Patterson & Associates, P.L.L.C.
2 777 East Thomas Road,
Suite 210
3 Phoenix, Arizona 85014
Tel.: (602) 462-1004
4 E-mail: ;[email protected]
5 Attorneys for the Plaintiff
6
1
8 UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10 artha Slaughter-Payne, g Case No.: CV03-2300PHXROS
11 Plaintiff, )
) STIPULATED MOTION TO AMEND
12 vs. ) SCHEDULING ORDER
)
13 NTHONY PRINCIPI, SEC DEPT. OF )
TERANS AFFAIRS AGENCY, )
14 )
Defendant. 3
15 )
16
11 Plaintiff, Martha Slaughter-Payne and Defendant, Anthony Principi, Secretary,
1 R Department of Veterans Affairs, through counsel, stipulate to amend the schedulin
1 9 order. Plaintiffs counsel has spoken with Defense counsel and Defense counsel does no
20 object. This Motion is supported by the attached Memorandum of Points and Authorities.
21
22 Respectfully submitted this 29th day of November, 2005.
23
PATTERSON & ASSOCIATES, P.L.L.C.
24
s/Rosval A. Patterson
25 sf Rosval A. Patterson
Attorney for Plaintiff
Case 2:03—cv—02300-ROS Document 60 Filed 11/29/2005 Page 1 of 3

1 MEMORANDUM OF POINTS AND AUTHORITY
2 Plaintiff, Slaughter-Payne and Defendant, Anthony Principi, through counsel as
3 this Court to amend the scheduling order to permit 120 days additional time within whic
4
5 to complete discovery.
6 Plaintiff has requested deposition dates for Rafael Martinez. However, his
7 physician Dr. Nathan Laufer, M.D., Heart & Vascular Center of Arizona, has advised
B counsel for the parties, by letters dated September 19, 2005 and October 24, 2005, that
9 Mr. Martinez‘s medical condition precluded Mr. Martinez from attending a deposition.
ii Recent information, furnished by Plaintiffs counsel, suggests that Mr. Martinez condition
l 2 may have improved. Defendant is in the process of re·contacting both Mr. Martinez and
13 his physician to determine whether a deposition may go forward. This will take some
li time to make this determination.
1 5 Plaintiff has requested deposition dates for Richard Moore. Mr. Moore is no
1 6 longer a VA employee, but now works for another government agency in the
1;; Washington, D.C. area. Due to Mr. Moore's present location, plaintiff counsel has
1 9 requested telephonic deposition. Due to conflicting schedules it has not been possible to
2 o schedule that deposition prior to the present discovery deadline.
2 1 Furthermore, pre-scheduled holiday vacations and other pending matters preclude
22 finalizing depositions during the month of December, 2005.
ii After discussion between counsels, the parties respectfully request an amendment
2 5 to the Rule 16 Scheduling Order entered on September 2, 2004, the parties propose the
following new deadlines:
Case 2:03—cv—02300-ROS Document 60 Filed 11/29/2005 Page 2 of 3

l • F. Discovery completed no later than March 27, 2005;
2 • L. Dispcsitive motions to be filed no later than May, 29, 2005;
3
• O. Joint Proposed Pretrial Order; Proposed Findings of Fact and Conclusion 0
4
5 Law and all Motions in Limine to be filed no later than July 31, 2005. If
6 dispositive motions have been filed, the Joint Proposed Pretrial Order and Motions
J in Limine shall be due either on the above date or 30 days following resolution of
S the motions, whichever is later.
9
l0
ll Respectfully submitted this 29th day of November, 2005
l2
PATTERSON & ASSOCIATES, P.L.L.C.
13
14 s/Rosval A. Patterson
15 s/Rosval A. Patterson
Attorney for Plaintiff
1 6
13 Paul K. Charlton
1 B United States Attorney
District of Arizona
1 9
s/John Mayfield
20 s/John Maytield
2 l Assistant U.S. Attorney
Attorney for Defendant
22
23 Dated: November 29, 2005
24
25
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