Free Motion for Leave to File - 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 Through an unfortunate clerical error, the two motions were misfiled and therefore not 21 22 23 24 25 26 27 28 time. Defendants' proposed response to both motions is attached hereto as Exhibit 1. Therefore, Defendants respectfully request leave to file the attached response.
Document 128 Filed 03/13/2008 Page 1 of 2

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Timothy Lee Ward, No. CV 03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Carr, et al., Defendants. DEFENDANTS' MOTION FOR LEAVE TO FILE UNTIMELY RESPONSES TO PLAINTIFF'S MOTIONS FOR LEAVE TO TAKE DEFENDANTS' DEPOSITIONS AND FOR APPOINTMENT OF COURT REPORTER [DKT. # 116 & 119]

Defendants Carr and Stewart request leave to file untimely responses to Plaintiff's Motions for Leave to take Depositions of Defendant Carr and Defendant Stewart [Dkt. 116 and 119], which were filed on February 4, 2008 and February 11, 2008, respectively.

added to undersigned counsel's calendar. As such, undersigned counsel was not aware that the deadlines had passed until she began preparation of two other responses filed this same date. Since the Court has not yet ruled on either motion, Plaintiff should not be prejudiced by this Court granting leave to Defendants to file their responses at this

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

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RESPECTFULLY SUBMITTED this 13th day of March, 2008. Terry Goddard Attorney General

s/Michele L. Forney Michele L. Forney Assistant Attorney General Attorneys for Defendants Original e-filed this 13th day of March, 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: Timothy Lee Ward, #148256 ASPC - Florence - South Unit P.O. Box 8400 Florence, AZ 85232

s/Colleen S. Jordan Secretary to: Michele L. Forney IDS04-0306/RSK:G04-20640 #165619

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Document 128 Filed 03/13/2008 Page 2 of 2

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