Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

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 MOTION FOR SUMMARY DISPOSITION AS TO PLAINTIFF SUSAN F. FIELD BY DEFENDANTS ARIZONA PUBLIC SERVICE COMPANY, DOUG McDONALD, AND DONALD WILSON

Defendants Arizona Public Service Company, Doug McDonald and Donald Wilson ("APS Defendants") respectfully requests that this Court grant summary disposition of the APS Defendants' Motion for Judgment on the Pleadings/Motion for Summary Judgment as to Plaintiff Susan F. Field. On January 9, 2006, this Court issued an Order advising Plaintiffs James Field and Susan Field of their "obligation to timely respond to all motions," and advised the Plaintiffs that their response to the APS Defendants' Motion was due "no later than February 2, 2006." See Order at 2. Mrs. Field has not responded to the APS Defendants' Motion. Only Plaintiff James W. Field filed a response, and although he is the husband of Susan F. Field, Mr. Field does not have a license to practice law and

Case 2:03-cv-02214-SRB

Document 134

Filed 02/23/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10
3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

he "cannot represent his wife in court." Hunt Inv. Co. v. Eliot, 154 Ariz. 357, 363, 742 P.2d 858 (App. 1987) (citing Haberkorn v. Sears, Roebuck & Co., 5 Ariz. App. 397, 399, 427 P.2d 378, 380 (1967)). Plaintiff Susan F. Field has done little to prosecute this action and has not appeared or signed any pleadings or documents in this action since July 2005. The APS Defendants, therefore, respectfully request that this Court summarily grant their Motion for Judgment on the Pleadings/Motion for Summary Judgment as to Susan F. Field for her failure to respond, and pursuant to this Court's express warnings of dismissal in its Order dated January 9, 2006. DATED this 23rd day of February, 2006. GAONA LAW FIRM

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

GAONA LAW FIRM

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

2 Case 2:03-cv-02214-SRB Document 134 Filed 02/23/2006 Page 2 of 3

1 2 3 4 5 6 7 8 9 10
3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

CERTIFICATE OF SERVICE I hereby certify that on February 23, 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 February 23, 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 February 23, 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

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

GAONA LAW FIRM

/s/ Nicole Seder Cantelme

3 Case 2:03-cv-02214-SRB Document 134 Filed 02/23/2006 Page 3 of 3