Free Statement - District Court of Arizona - Arizona

1 Scott H. Zvvillinger (019645)
2 Sara R. Wallace (023521)
ZWILLINGER GEORGELOS & GREEK PC
3 2425 E. Camelback Rd., Suite 600
4 Phoenix, Arizona 85016
E—mail: [email protected]
5 Attorneys for Defendants
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10 Alvin Larue Pinkoson, )
11 Plaintiff g No. CV 03-1928-PHX-ROS—MEA
l2 >
V· ) DEFENDANTS’ CONTROVERTING
13 Joseph Arpaio; Captain Tate; Maricopa ) STATEMENT OF FACTS
14 County Board of Jail Supervisors, )
1 5 Defendants. g
16
17 Defendants Joseph Arpaio and Captain Ron Tate ("Defendants”) respond to Plaintiffs
18 Statement of Facts in Support of Opposition to Motion for Summary Judgment (Doc. # 59).
19 Defendants incorporate by reference its previously filed Statement of Facts (Doc. # 42).
20 1. Defendants object to paragraphs 2 through 5 for lack of foundation. Plaintiffs
21 statements in these paragraphs are not supported by the cited exhibit. Defendants also assert
22 that the documents in the exhibit speak for themselves.
23 2. Defendants object to paragraph 6 as for lack of foundation. Defendants also
24 object to paragraph 6 because it is not a statement of fact but an argument by Plaintiff and,
25 therefore, should be struck. Defendants admit that Exhibit 2 is a Disciplinary Report but
26 dispute Plaintiffs characterization of the report and Plaintiffs argument claiming the report
27 shows that Plaintiff was disciplined for exercise. Defendants also assert that the document
28 speaks for itself.
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Case 2:03-cv—01928—ROS—IVIEA Document 62 Filed 08/15/2007 Paget of2

l 3. Defendants object to paragraphs 7 through 9 for lack of foundation. Plaintiffs
2 statements in these paragraphs are not supported by the cited exhibits. Defendants also assert
3 that the documents speak for themselves.
4 4. Defendants object to paragraph 10 as the paragraph is not a statement of fact but
5 an argument by Plaintiff and, therefore, should be struck. This paragraph is also not supported
6 by the cited exhibit and the documents speak for themselves.
7
8 RESPECTFULLY SUBMITTED this {5% day of August, 2007.
9 ZWILLINGER GEORGELOS & GREEK PC
10
ll By: s/ Scott H. Zwillinger
12 Scott H. Zwillinger
Sara R. Wallace
13 2425 E. Camelback Rd., Suite 600
14 Phoenix, Arizona 85016
15 Attorneys for Defendants
16
ORIGINAL tiled electronically, and a
17 COPY mailed this 15% day of August,
18 2007, to:
19 Alvin Larue Pinkoson
20 #l278075—A—14-L
ASPC-Tucson-MU
21 Manzanita Unit
22 P.O. Box 24401
Tucson, Arizona 85734
23 Pro Se
24
25 s/ Carol E. Merritt
26 ;;ooMAxr>c¤ocsxzorAw¤Mx97s4sox1
27
28
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Case 2:03-cv-01928-ROS-MEA

Document 62

Filed 08/15/2007

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Case 2:03-cv-01928-ROS-MEA

Document 62

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