Free Motion for Extension of Time - District Court of Arizona - Arizona

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Terry Goddard Attorney General Michele L. Forney, Bar No. 019775 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendants

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Case 2:03-cv-02159-ROS-JRI Document 184 Filed 08/12/2008 Page 1 of 2

Timothy Lee Ward, No. CV 03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Carr, et al., Defendants. Defendants Carr and Stewart move for an enlargement of the deadline to reply in support of their Amended Motion for Summary Judgment [dkt. 159]. Plaintiff filed several discovery motions (dkt. 166, 169, 170), a motion for extension of time to respond to the motion for summary judgment (dkt. 173), a motion to extend the page limitations (dkt. 177), and a motion/request for district court assistance (dkt. 178). The parties filed a stipulation to submit various documents for in camera review (dkt. 167), which the Court granted (dkt. 172). The Court set a telephonic discovery conference for July 29, 2008 (dkt. 172). The telephonic conference did not occur as scheduled due to technical difficulties (dkt. 182). As such, the discovery issues remain outstanding at this time. Further, as set forth in Defendants' response to Plaintiff's motion to extend page limitations (dkt. 183), there were several other issues that the parties wished to address with the Court. Most importantly, Plaintiff had indicated an intention to file an amended response to the motion for summary judgment. DEFENDANTS' MOTION FOR ENLARGEMENT OF DEADLINE TO REPLY TO MOTION FOR SUMMARY JUDGMENT

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At this time, the telephonic discovery conference has not been rescheduled. Defendants' deadline for filing their reply to the motion for summary judgment is August 15, 2008. Undersigned counsel spoke with Plaintiff telephonically who indicated that he had no objection to an indefinite enlargement given the current circumstances. Therefore, Defendants request an enlargement of the time to submit their reply until either twenty days after Plaintiff submits an amended or supplemental response to the motion for summary judgment, or twenty days after the rescheduled telephonic conference with the Court, if Plaintiff opts not to file any supplemental materials. Defendants submit this motion in good faith and not for purposes of delay. This is Defendants' first request for an enlargement. RESPECTFULLY SUBMITTED this 12th day of August, 2008. Terry Goddard Attorney General s/Michele L. Forney Michele L. Forney Assistant Attorney General Attorneys for Defendants Original e-filed this 12th day of August, 2008, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to:

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Case 2:03-cv-02159-ROS-JRI

Timothy Lee Ward, #148256 ASPC - Eyman - Rynning Unit P.O. Box 3100 Florence, AZ 85232-3100 s/Colleen S. Jordan Secretary to: Michele L. Forney IDS04-0306/RSK:G04-20640 #268081 2
Document 184 Filed 08/12/2008 Page 2 of 2