Free Reply to Response to Motion - District Court of Arizona - Arizona

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John T. Masterson, Bar #007447 Jennifer L. Holsman, Bar #022787 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected] [email protected] Attorneys for Defendants La Paz County, La Paz County Department of Community Development, La Paz County Sheriff's Office, Jay Howe, James Martin, Brad Weekley, Jerry Palmer, Penny Dalhberg, Guy Gorman, Dave Boatwright, Joe Deschaine, Curt Bagby, Joe Esqorsa, Poete Heere, and Jeff Bohlen UNITED STATES DISTRICT COURT

9 DISTRICT OF ARIZONA 10 11 12 13 14 15 16 17 18 La Paz County Defendants, submit this Reply in Support of their Motion 19 to Strike Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz 20 Defendants' Qualified Immunity Defense. 21 This Motion is supported by the following Memorandum of Points and 22 Authorities. 23 // 24 // 25 // 26 v. LA PAZ COUNTY, et al., Defendants. JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, LA PAZ CO UNTY DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO STRIKE PLAINTIFFS' SEPARATE STATEMENT OF FACTS IN SUPPORT OF DENIAL TO LA PAZ DEFENDANTS QUALIFIED IMMUNITY DEFENSE Case No. CV03-2214 PHX-SRB

Case 2:03-cv-02214-SRB

Document 164

Filed 03/31/2006

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MEM ORANDUM OF POINTS AND AUTHORITIES LEGAL ARGUMENT A. Plaintiffs' Separate Statement of Facts Must be Stricken.

Plaintiffs' Response to La Paz County's Motion to Strike Plaintiff's Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense asserts that Plaintiffs were "unaware" of the page limitations pursuant to the local rules of practice and then requests "permission to exceed the page limitation." Yet, Plaintiffs have failed to articulate a proper basis for extending the page limitations for their response. In reviewing both Plaintiffs' Response to La Paz County's Motion for Summary Judgment and Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense, it is clear that Plaintiffs' motions are duplicative and could be shortened to comply with Rule 7.2. Further, Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants' Qualified Immunity Defense fails to assert any relevant or binding legal authority to support their claims and the document is thus irrelevant. Further, as previously outlined, Plaintiffs' "Separate Statement of Facts" regarding Defendants' Qualified Immunity Defense is not a separate statement of facts. Instead, Plaintiffs submitted a supplemental brief, with case law and other legal analysis, in further response to Defendants' Motion for Summary Judgment. Thus, Plaintiffs' supplemental response, cloaked as their "Separate Statement of Facts" is improper and must be stricken. Accordingly, until otherwise ordered to do so, Defendants will not file a response to Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense. If the Court would like Defendants to further

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respond to Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense, they will do so as ordered. DATED this 31st day of March, 2006. J ONES, S KELTON & H OCHULI, P.L.C. By s/Jennifer L. Holsman John T. Masterson Jennifer L. Holsman 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for La Paz County Defendants ORIGINAL/ONE COPY of the foregoing e-filed this 31 st day of March 2006 with the Clerk of the United States District Court for the District of Arizona. COPY of the foregoing mailed even date to: James W. Field and Susan F. Field Post Office Box 248 Salome, Arizona 85348 Plaintiffs Pro Per David F. Gaona, Esq. Nicole Cantelme, Esq. Gaona Law Firm Suite 720 3101 North Central Avenue Phoenix, AZ 85012 Attorney for Co-Defendants s/Colleen Webb

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Case 2:03-cv-02214-SRB