Free Motion to Stay - District Court of Arizona - Arizona

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Daniel B. Treon ­ 014911 Kelly Jo - 021525 TREON & SHOOK, P.L.L.C. 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Telephone: (602) 265-7100 Facsimile: (602) 265-7400 Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA TERESA AUGUST, a single woman, MARK AUGUST and JANE DOE AUGUST, husband and wife, for themselves and as parents and guardians for their minor child, MARCUS DAKOTAH AUGUST Plaintiffs, vs. CITY OF PHOENIX, a body politic of the State of Arizona; OFFICER LYLE MONSON and JANE DOE MONSON, husband and wife; OFFICER NICHOLAS LYNDE and JANE DOE LYNDE, husband and wife; OFFICER TOBY DUNN and JANE DOE DUNN, husband and wife; OFFICER T. HEDGECOKE and JANE DOE HEDGECOKE, husband and wife; and R. GRIFFIN and JANE DOE GRIFFIN, husband and wife Defendants. ___________________________________ _ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV03-1892 PHX ROS

PLAINTIFFS' MOTION TO STAY DEADLINE FOR FILING OF NOTICE OF APPEAL FOR PLAINTIFF MARK AUGUST (Expedited Consideration Requested)

Plaintiff Mark August moves for a stay of the deadline by which he must file his
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Notice of Appeal, pending the Court's decision on Plaintiffs' Motion to Reconsider
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Rule 54(b) Certification which Plaintiffs filed on October 31, 2006. On November 8,
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2006, the Court requested that Defendants file a response to Plaintiffs' Motion to
Case 2:03-cv-01892-ROS

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Filed 11/08/2006

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Reconsider on or before November 24, 2006. Currently, Mark August's Notice of Appeal must be filed by Friday, November 10, 2006. The Notice of Appeal deadline precedes the date on which Defendants must file their responses to Plaintiffs' Motion, and therefore precedes the date on which the Court will consider whether to grant Plaintiffs' motion to reconsider. Therefore, Plaintiff requests expedited consideration of this Motion to stay by November 10, 2006. If the Court grants Plaintiffs' Motion to reconsider and finds that the interests of justice are not served by final Judgment on less than the entire lawsuit, then the notice of appeal becomes moot. DATED this 8th day of November, 2006. TREON & SHOOK, P.L.L.C. By: s/ Kelly Jo Daniel B. Treon Kelly Jo Attorney for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on November 8, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic to the following CM/ECF registrants: Daniel B. Treon: Kathleen Wieneke: [email protected]; [email protected] [email protected]; [email protected]; [email protected] [email protected]; [email protected] [email protected]; [email protected]

Jennifer L. Holsman: Randall H. Warner:

By:

s/ Aly Shomar-Esparza

Case 2:03-cv-01892-ROS

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