Free Response to Motion - District Court of Arizona - Arizona

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John T. Masterson, Bar #007447 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7846 [email protected] [email protected] Attorney for Defendants Brad Weekley and Guy Gorman UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA James W. Field, Plaintiff, v. County of La Paz, et al., Defendants. DEFENDANTS WEEKLEY AND GORMAN'S RESPONSE TO PLAINTIFF'S MOTION FOR NEW TRIAL CV 03-2214-PHX SRB

Defendants Weekley and Guy Gorman, through counsel, submit their Response to Plaintiff's Motion for New Trial Pursuant to Rule 59(a). Plaintiff's motion must be denied as premature due to Defendants' pending Motion for Judgment as a Matter of Law filed on June 15, 2006. In addition, Plaintiff's Motion is disguised as a reply to Defendants' Reply in Support of their Motion for Judgment as a Matter of Law. Pursuant to FED. R. CIV. P. 7(a), this "supplemental" motion is improper and barred by the rules. Accordingly, Defendants request that this Court strike Plaintiff's recent "supplemental" motion as inappropriate and as a violation of the Federal Rules of Civil Procedure.

Case 2:03-cv-02214-SRB

Document 247

Filed 07/07/2006

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Based on the foregoing, Defendants Weekley and Gorman respectfully request that Plaintiff's Motion for New Trial be denied as it is an improper pleading and because it is premature based on the pending Motion for Judgment as a Matter of Law. DATED this 7th day of July, 2006. JONES, SKELTON & HOCHULI, P.L.C.

BY

/s/John T. Masterson John T. Masterson Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Brad Weekley and Guy Gorman

Electronically served This 7th day of July, 2006 to: ALL PARTIES ON ELECTRONIC SERVICE LIST By: /s/John T. Masterson

COPY mailed this same date to: The Honorable Susan R. Bolton United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 522 401 West Washington Street, SPC 50 Phoenix, AZ 85003-2153 James. W. Field PO Box 248 Salome, Arizona 85348 Plaintiff Pro Per John T. Masterson
1652672.1

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Case 2:03-cv-02214-SRB

Document 247

Filed 07/07/2006

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