Free Response in Opposition to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General MISTY D. GUILLE Assistant Attorney General State Bar No. 020830 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA GILBERT KOSTISHAK aka DAKOTA LIVOLSI, Plaintiff, v. ARIZONA DEPARTMENT OF CORRECTIONS, et al. Defendants. No. CV 03-2031-PHX-DGC (ECV) DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST FOR ADDITIONAL DISCOVERY [Dkt. 36]

Defendant Arizona Department of Corrections, by and through undersigned counsel, responds in opposition to Plaintiff's pleading filed October 17, 2005 [Dkt. 36], in which he requests the Court's aid in obtaining affidavits and its permission to add the affidavits to discovery. Allowing Plaintiff to proceed with additional discovery would essentially require the Court to reopen discovery, as the Court-ordered deadline for completion of discovery was July 15, 2005. [See Dkt. 29.] If the Court allows Plaintiff to obtain these affidavits, Defendant may also need to conduct further discovery, which prejudices Defendant at this late date.

Case 2:03-cv-02031-DGC-ECV

Document 37

Filed 10/18/2005

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Additionally, the parties have reached a tentative agreement to settle this matter, and Defendant still hopes to resolve this matter before the dispositive motion deadline (extended to November 14, 2005). If settlement negotiations fail, Defendant may ask the Court for a settlement conference, which in turn may lead to the final resolution of Plaintiff's claim. In that case, the additional discovery Plaintiff seeks would only waste the Court's and Defendant's time and resources. Accordingly, Defendant opposes Plaintiff's request for additional discovery and urges the Court to deny it. RESPECTFULLY SUBMITTED this 18th day of October, 2005. TERRY GODDARD Attorney General /s Misty D. Guille MISTY D. GUILLE Assistant Attorney General Attorneys for Defendant

COPY of the foregoing and Notice of Electronic Filing mailed the same date to: Gilbert Kostishak, ADC # 110968 ASPC-Yuma, Cocopah ­ Tent 5-03 P.O. Box 13005 Yuma, AZ 85366-3005 Plaintiff Pro Per /s Misty D. Guille
IDS04-0336/RM G2004-20730 929934

Case 2:03-cv-02031-DGC-ECV

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Filed 10/18/2005

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