Free Order on Motion for Leave to File Excess Pages - District Court of Arizona - Arizona

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Document 37 Filed 08/19/2005 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Daniel D. Twigg, Plaintiff, vs. State of Arizona, et al., Defendants.

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No. CV 03-2190-PHX-PGR (MS)

ORDER

Before the Court is Defendants' "Motion to Exceed Page Limit" (Doc. # 32) and "Motion for Leave to File Excess Pages" (Doc. # 36), and a letter sent to chambers from counsel for Defendants. Defendants state in their motion for leave to file excess pages that they seek to withdraw the motion to exceed page limit. For good cause shown, the Court will grant Defendants' motion for leave to file excess pages and will order that the motion for summary judgment and statement of facts remain filed.1 In his letter (a copy of which was sent to Plaintiff), counsel for Defendants states that Plaintiff's response to the motion for summary judgment was due August 2, 2005. Counsel states that Plaintiff acknowledges having received the motion, but that a former, fellow inmate is drafting the response. Plaintiff has not yet received

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the response from this fellow inmate. Counsel states that Plaintiff is awaiting a ruling from the Court as to how he should proceed. The Court will extend the deadline for Plaintiff to respond to the motion for summary judgment by 30 days. The Court advises Plaintiff that if he seeks an extension of time, he must do so through a motion. Plaintiff should not wait for the deadline to pass or for the Court to issue an order regarding any overdue response to a motion. Accordingly, IT IS ORDERED that: 1. Defendants' "Defendants' "Motion to Exceed Page Limit" (Doc. # 32)" is DENIED as moot, as Defendants withdrew the motion in their motion at document # 36. 2. Defendants' "Motion for Leave to File Excess Pages" (Doc. # 36) is GRANTED. The motion for summary judgment and statement of facts (Doc. # 33, 34) shall remain filed. 3. Plaintiff shall have 30 days from the date of the filing of this Order to respond to Defendants' motion for summary judgment. Defendants shall have 20 days from the date the response is filed to file a reply. DATED this 19th day of August, 2005.

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-2Document 37 Filed 08/19/2005

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