Free Objection - District Court of Arizona - Arizona

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GAONA LAW FIRM
A PROFESSIONAL CORPORATION

3101 NORTH CENTRAL AVE, SUITE 720 PHOENIX, ARIZONA 85012 _____________

(602) 230-2636 Fax (602) 230-1377

David F. Gaona, State Bar No. 007391 Nicole Seder Cantelme, State Bar No. 021320 Attorneys for Defendants APS, Doug McDonald and Donald Wilson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, vs. LA PAZ COUNTY, et al., Defendants. No. CIV03-02214 PHX SRB OBJECTION TO PLAINTIFF JAMES FIELD'S REQUEST FOR ADDITIONAL TIME TO OBTAIN AFFIDAVIT OF EMPLOYEE FOR WICKENBURG PUMP & ELECTRICAL BY DEFENDANTS APS, DOUG MCDONALD AND DONALD WILSON AND JOINDER IN LA PAZ COUNTY DEFENDANTS' OBJECTION

Defendants Arizona Public Service Company, Doug McDonald and Donald Wilson ("APS Defendants") respectfully submit this objection to Plaintiff's request for additional time under Rule 56(f) to obtain affidavits of former employees for Wickenburg Pump & Electrical. This Court should deny Plaintiff's request for

additional time to obtain this affidavit because (1) the disclosure of these witnesses and the associated documents are untimely; (2) even if an affidavit is obtained, it is not relevant to the issues in this case because repairs or upgrades to Plaintiff's electrical

Case 2:03-cv-02214-SRB

Document 160

Filed 03/21/2006

Page 1 of 4

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

facilities performed more than 13 years prior to the termination of Plaintiff's electrical service is too remote in time; such evidence is not relevant to the condition of Plaintiff's electrical facilities in November 2002 when his electrical service was terminated. This objection is more fully supported by the following memorandum of points and authorities. The APS Defendants also join in the arguments made by the La Paz County Defendants in their Objection filed on March 17, 2006. DATED this 21st day of March, 2006. GAONA LAW FIRM /s/ Nicole Seder Cantelme David F. Gaona Nicole Seder Cantelme Attorneys for APS, Doug McDonald and Donald Wilson

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GAONA LAW FIRM

MEMORANDUM OF POINTS AND AUTHORITIES The deadlines for discovery and disclosure in this case have long since passed. Plaintiff has never disclosed any employee from Wickenburg Pump & Electrical as a potential witness, and until Plaintiff filed his response to the APS Defendants' Motion for Summary Judgment/Motion for Judgment on the Pleadings, Plaintiff had never disclosed any of the associated documents concerning estimates and work that was

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apparently performed on his property in 1988 (thirteen years prior to his electrical service being terminated). Now Plaintiff wants additional time to obtain an affidavit to support evidence of repairs to his electrical system he claims were performed on his property in 1988. Even if Plaintiff could obtain the affidavit from a former employee to support that the work was, indeed, performed in 1988, the documents demonstrate estimates for work that would have been performed more than 13 years prior to Plaintiff's power being

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terminated. The documents do not establish the condition of Plaintiff's electrical system in November 2002 when his service was terminated, which is the heart of the dispute in this case. Plaintiff's request for additional time to obtain an affidavit of a former employee of Wickenburg Pump & Electric, Inc., is futile, because such an affidavit is not relevant to support Plaintiff's claim and is not sufficient to raise a disputed issue of fact in this case. The APS Defendants, therefore, respectfully request that this Court deny Plaintiff's request for additional time to obtain an affidavit of an employee of Wickenburg Pump & Electrical, Inc. DATED this 21st day of March, 2006. GAONA LAW FIRM

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GAONA LAW FIRM

/s/ Nicole Seder Cantelme David F. Gaona Nicole Seder Cantelme Attorneys for APS, Doug McDonald and Donald Wilson

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

CERTIFICATE OF SERVICE I hereby certify that on March 21, 2006, 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: John Masterson, Esq. Jennifer Holsman, Esq. JONES SKELTON & HOCHULI, 3200 North Central Avenue, Suite Phoenix, Arizona 85012 I further certify that on March 21, 2006, I mailed a copy of the foregoing document to Plaintiffs pro per: James W. Field and Susan F. Field 66524 Hwy 60 Post Office Box 248 Salome, Arizona 85348 I further certify that on March 22, 2006, the attached document was handdelivered to: The Honorable Susan R. Bolton United States District Court for the District of Arizona Sandra Day O'Connor U.S Courthouse, Suite 522 401 West Washington Street, SPC 50 Phoenix, Arizona 85003-2153

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GAONA LAW FIRM

/s/ Nicole Seder Cantelme

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