Free Motion to Vacate - 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, Pete Heere, and Jeff Bohlen UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, v. LA PAZ COUNTY, et al., Defendants.

Case No. CV03-2214 PHX-SRB DEFENDANTS' MOTION TO VACATE JURY TRIAL AND OTHER DEADLINES (Before the Honorable Susan R. Bolton)

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La Paz County Defendants, through counsel, submit this motion and respectfully request the Court to vacate the jury trial scheduled to begin on June 13, 2006, and extend all other remaining deadlines. At present there are several dispositive motions pending before the Court, including those filed by Plaintiffs, APS Defendants and the La Paz County

Case 2:03-cv-02214-SRB

Document 161

Filed 03/22/2006

Page 1 of 3

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Defendants. The Court has not yet entered an Order regarding the dispositive motions and no hearing on the motions has been set at this time. Defendants anticipate that this case will be resolved at the dispositive motion stage. If not fully dispositive, the Defendants anticipate that the issues to be litigated at trial will be significantly limited due to the Court's ruling on the pending dispositive motions. Accordingly, Defendants request the trial be vacated until the Court has had an opportunity to enter an Order regarding the pending dispositive motions. In addition, pursuant to the Court's July 27, 2005, Scheduling Order, the following deadlines are currently set: 1. 2. 3. All Motions in Limine, due May 22, 2006 Joint Proposed Pretrial Order, due May 30, 2006 Responses to Motions in Limine, due May 31, 2006 Pretrial Conference, scheduled for June 5, 2006 at 2 p.m.

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Again, due to the pending dispositive motions, Defendants respectfully request that the above-identified deadlines also be vacated and reset

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For these reasons, Defendants therefore request that the Court vacate the currently scheduled trial date and extend all other remaining deadlines. DATED this 22nd day of March, 2006. J ONES, S KELTON & H OCHULI, P.L.C. By s/Jennifer Holsman John T. Masterson Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for La Paz County Defendant.

ORIGINAL/ONE COPY of the foregoing e-filed this 22nd day of March, 2006. COPY of the foregoing mailed even date by certified mail to: James W. Field and Susan F. Field Post Office Box 248 Salome, Arizona 85348 Plaintiffs Pro Per s/Colleen Webb

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Case 2:03-cv-02214-SRB