Free Motion to Strike - 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

10 DISTRICT OF ARIZONA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Authorities. / La Paz County Defendants, submit this Motion to Strike Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense filed March 6, 2006, pursuant to Local Rule 7.2(e). This Motion is Supported by the following Memorandum of Points and v. LA PAZ COUNTY, et al., Defendants. JAMES W . FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, LA PAZ COUNTY DEFENDANTS' 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 155

Filed 03/16/2006

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MEM ORANDUM OF POINTS AND AUTHORITIES LEGAL ARGUMENT A. Plaintiffs' Response Exceeds the Page Limitations.

Pursuant to Local Rule 7.2(e), "unless otherwise permitted by the Court, a motion including its supporting memorandum, and the respond including its supporting memorandum, each shall not exceed seventeen (17) pages, exclusive of attachments and any required statement of facts." Here, Plaintiffs filed a Response to La Paz County's Motion for Summary Judgment and Plaintiffs' Counter Motion for Summary Judgment totaling 19 pages on March 6, 2006. Plaintiffs then filed their Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense totaling 4 single-spaced pages on March 6, 2006. Although titled a "separate statement of facts", Plaintiffs have failed to include any "facts." Instead, Plaintiff appears to have submitted a supplemental brief, with case law and other legal analysis, in further response to Defendants' Motion for Summary Judgment. As a result of Plaintiffs' "separate statement of facts", Plaintiffs have used over 24 pages to respond to the arguments raised in Defendants' Motion for Summary Judgment. All of the arguments contained in 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, should have been addressed in one response totaling no more than 17 pages. Because Plaintiffs have clearly violated the rules of practice, Defendants have not prepared a response to Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense. If the Court would like

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Defendants to further respond to Plaintiffs' Separate Statement of Facts in Support of Denial to La Paz Defendants Qualified Immunity Defense, they will do so as ordered. Otherwise, Plaintiffs' "separate statement of facts" must be stricken for the foregoing reasons. DATED this 16th 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 ORIGINAL/ONE COPY of the foregoing e-filed this 16th 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