Free Other Notice - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JOHN R. MAYFIELD Assistant U.S. Attorney Arizona State Bar No. 4848 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Martha Slaughter-Payne, CIV-03-2300-PHX-ROS Plaintiff, ADVISEMENT TO THE COURT v. Anthony Principi, Secretary, Department of Veterans Affairs, Defendant. On September 2, 2005 the court entered an Order allowing the parties to file a rebuttal statement to the memorandums filed within the court on October 3, 2005. The date set for filing rebuttal memorandum was October 7, 2005. As of this date there is no indication on the docket that the plaintiff filed her memorandum. Further, as of this date and despite three requests, the defendant has not been served with plaintiff's October 3, 2005 memorandum, if any. Therefore, while the defendant mostly likely would have filed a rebuttal, it has been precluded for doing so as a result of plaintiff counsel's failure to time serve the defendant. In fact the only pleading received after September 2, 2005 was received this date and was entitled "Notice to Strike Defendant's Discovery Dispute Memorandum by Anthony Principi and/or Sanction the Defendant." Therefore, the defendant reserves his right to file a rebuttal memorandum should the court deem it to be necessary.

Case 2:03-cv-02300-ROS

Document 40

Filed 10/07/2005

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Dated this 7 day of October, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ John R. Mayfield JOHN R. MAYFIELD Assistant U.S. Attorney CERTIFICATE OF SERVICE I hereby certify that on October 7, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Rosval A. Patterson Attorney at Law Patterson & Associates, P.C. 777 East Thomas Road # 210 Phoenix, Arizona 85014 s/ John R. Mayfield Office of the U.S. Attorney I hereby certify that on October 7, 2005, I served the attached document by mail, on the following, who are not registered participants of the CM/ECF System: Dana Heck, Attorney Office of Regional Counsel Department of Veterans Affairs 650 East Indian School Road, Building 24 Phoenix, Arizona s/ John R. Mayfield Office of the U.S. Attorney

Case 2:03-cv-02300-ROS

Document 40

Filed 10/07/2005

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