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

FILED ____LODGED
RECEIVED ____COPY
Timothy Lee Ward, l48256
1 Arizona State Prison Complex- Florence
2 POST; Offlcé BOX 8400 crsnxusonsraacrcounw
Florence, Arizona 85232-8400 DBTWCTQFARQONA
Plaintiff Pro-Per BYdr__F_______j£ DEPUTY
3
4
5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
T
F" } Case No.: CIV—03-2159-PHX-ROS (JRI) l
8 Timothy Lee Ward, }
I
9 Plaintiff, )
) Motion to Refuse Application of
I0 VS- I Judgment under Rule 56 (E)/ Motion to
) Stay
ll Sgt. Carr, et. al., )
I
I2 Defendant )
13 Comes, now, the Plaintiff, Timothy Lee Ward, pro-per, pursuant to Rule
14 56 (f) of the Federal Rules of Civil Procedure, and hereby requests this
15 Honorable Court refuse application for Judgment on the Defendants Motion for
I6 Summary Judgment filed April l5, 2008, or in the alternative order a stay
17 until the completion of Discovery and the Court Ordered Informal Telephonic
l8 Conference, or any other relief this Court finds proper.
19 On March 26, 2008, this Court allowed Plaintiff to serve an additional
20 Request for Production of Documents on Defendants, and also ordered an
2l Informal Telephonic Conference after the service of the responses, and a
22 meeting with the parties.
23 On April l, 2008, Plaintiff served his “Additional Request for
24 Production of Documents” on Defendants and also filed his “Notice of Service”
25 with the Court. The Defendants have not yet answered the Plaintiff's
Case 2:03-cv—O2159-ROS-JRI Document 140 Filed O4/21-/2008 Page 1 of 3

1 request, nor have the parties had the opportunity to comply with this Court's
2 order.
3 On April 15, 2008, Defense Attorney, Michele Forney, made a legal call
4 to the Plaintiff to discuss discovery disputes and to inform the Plaintiff
5 that a “Motion For Summary Judgment" had been e—filed on April 15, 2008. It
6 appears that another calendaring mistake resulted in the Defendants filing
7 their motion for Summary Judgment according to the original scheduling order.
8 I then informed Defense Counsel that the dates had been extended by this
9 Court's January 25, 2008 Order, which set the Dispositive Motion deadline for
10 June 20, 2008, not April 15, 2008. Also on January 25, 2008, this Court
11 ordered the Request for Discovery Deadline for May 2, 2008. Discovery is
12 still open in this case.
13 The documents requested are documents of vital importance to Plaintiff's
14 case. The importance of these documents have been shown to the Court in his
15 Previous Motion for District Court Clarification. The Plaintiff cannot
16 present facts essential to justify P1aintiff's opposition without the
17 requested documents. Farnsworth v. Procter & Gamble Co., 758 F.2d 1545 (lim
18 Cir 1970) expounds on the strong necessity of discovery. Adickes v. Kress &
19 CEL, 398 US 144, 26 L.ed.2d 142, 90 S.Ct 1598 (1970) sets the stage for
20 Motion’s for Summary Judgment, and “all facts and inferences therefrom should
21 be considered". (See also Yerdon v. Henry, 91 F.3d 370 [2cd Cir 1996)) All
22 the facts have not yet been collected in this case. For the Plaintiff to
23 defend against the “Defendant’s Motion for Summary Judgment", he is going to
24 need the documents requested , and the time in order to file a “Motion to
25 Compel” if an agreement cannot be reached between the parties. It appears ·
Case 2:03-cv—O2159-ROS-JRI Document 140 Filed O4/21/2008 Page 2 of 3

1 that Defense Counsel's calendaring mishap has brought on an early Motion for
2 Summary Judgment.
3 Wherefore, the Plaintiff, requests this Honorable Court refuse the
4 application for judgment, or in the alternative issue a Stay pending the
5 outcome of Discovery.
»nl- FP!Z•!#
6 Respectfully submitted this IS day of March; 2008
7 gi ;§§§§§¥;g
8 Timothy Lee Ward
Plaintiff Pro—Per
9
10 Copies of the foregoing mailed this fgiqk day of April, 2008, to:
ll Office of the Clerk
United States District Court
12 401 West Washington Street, SPC-1
Phoenix, Arizona 85003-2ll8
13
Ms. Michele Forney, Attorney
14 Office of the Attorney General
1275 West Washington
15 PnOe¤1X,A;im¤a :%,007-2997
16
17
18
19
20
21
22
23
24
25
Case 2:03-cv—O2159-ROS-JRI D0cume¤t14O Filed O4/21/2008 Page30f3

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

Document 140

Filed 04/21/2008

Page 1 of 3

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

Document 140

Filed 04/21/2008

Page 2 of 3

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

Document 140

Filed 04/21/2008

Page 3 of 3