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

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Daniel P. Struck, Bar #012377 Timothy J. Bojanowski, Bar #022126 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Tel: (602) 263-7324 Fax: (602) 200-7837 [email protected] Attorneys for Defendants Cora Miles, Joe Gluch, Stella Ponce, Seferino Talamantes, and Timothy Cason UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Carlos Arthur Powell,

11 Plaintiff, 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 v. F. Garcia (Asst. Warden), C. Miles (Unit Manager/Bravo) E. Scalet (Ins. Inv.) Todd Mohn (DHO Hearing Officer)

NO. CIV 03-1819 PHX-JAT (LOA) RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO SUMMARY JUDGMENT

Now come Defendants, by and through counsel, and hereby submit the within Memorandum in Opposition to Plaintiff's Motion to for Extension to file a Response to Summary Judgment. Plaintiff's Motion is inappropriate, since it seeks reconsideration of the Court's Order of November 13, 2005, without establishing good cause under Rule 6(b). A Memorandum of Points and Authorities is attached hereto and incorporated here with. /// /// /// ///

Case 2:03-cv-01819-JAT

Document 169

Filed 02/24/2006

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RESPECTFULLY SUBMITTED this 24 th day of February 2006. JONES, SKELTON & HOCHULI, P.L.C.

By s/Timothy J. Bojanowski Daniel P. Struck Timothy J. Bojanowski 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Cora Miles, Joe Gluch, Stella Ponce, Seferino Talamantes, and Timothy Cason MEMORANDUM OF POINTS AND AUTHORITIES On February 13, 2006, Powell filed a Motion to Extend Time to respond to Defendants' Motion for Summary Judgment. The basis of Powell's Motion is that he needs additional time to obtain further documents in support of his position. The Motion fails to establish cause sufficient to allow an extension. Under Rule 6(b) a party seeking a request for enlargement before time expires must establish good cause. Lujan v. National W ildlife Fed'n, 497 U.S. 871, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990) (noting that cause must be shown before an enlargement of time is granted). Powell does not establish the cause needed to extend time for his Response. This Court previously extended dates for dispositive motions as well as responses at the request of Plaintiff. In that Order, the Court states "no extensions of any of the deadlines set in this order will be granted." The Order was issued November 3, 2005. At that time, Plaintiff knew he would need to gather his evidence to oppose a Motion for Summary Judgment. Plaintiff did nothing and now seeks yet another extension of dates in this case. Since Plaintiff was on notice no further extensions would be granted his stated reason for more

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time does not establish good cause to extend. As a result, the Court should not grant an extension. W herefore, Defendants respectfully request the Court to deny Plaintiff's Motion. RESPECTFULLY SUBMITTED this 24 th day of February 2006. JONES, SKELTON & HOCHULI, P.L.C.

By s/Timothy J. Bojanowski Daniel P. Struck Timothy J. Bojanowski 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Cora Miles, Joe Gluch, S t e l la Ponce, Seferino Talamantes, and Timothy Cason ORIGINAL of the foregoing electronically filed this 24 th day of February 2006, with: Richard W eare, Clerk U NITED S TATES D ISTRICT C OURT COPY of the foregoing mailed this 24 th day February 2006, to: The Honorable James A. Teilborg U NITED S TATES D ISTRICT C OURT Sandra Day O'Connor U.S. Courthouse, Suite 523 401 W est Washington, SPC 51 Phoenix, Arizona 85003-2154 Carlos Powell, #10090-023 D/U 325 FCI-1 V ICTORVILLE P. O. Box 5300 Adelanto, California 92301-5300 Plaintiff Pro Se /// /// /// /// 3

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COPY of the foregoing faxed this 24 th day February 2006, to: Office of the Pro Se Staff Attorney 602-322-7289

s/Dianne Clark

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Case 2:03-cv-01819-JAT