Free Motion for Extension of Time - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA FELIPE J. MARTINEZ, Plaintiff, v. JAMES W. BAIRD, et al., Defendants. Defendants Baird, Jones, Seirs, and Macabuhay, move, pursuant to Fed. R. Civ. P. Rule 6(b), for a thirty day enlargement of the dispositive motion deadline for the following reasons: On August 8, 2005, this Court granted Plaintiff's Motion for Enlargement and enlarged the dispositive motion deadline to September 30, 2005. The Court noted that it would not grant further extensions of this deadline in the absence of extraordinary circumstances in view of the age of this case. Just before the Court issued its Order, Defendant Baird was hospitalized and has been away from his office for approximately seven weeks. He has just returned to work but is on a limited schedule. Due to his absence from the office and his limited work schedule, he has been unable MOTION FOR ENLARGEMENT OF THE DISPOSITIVE MOTION DEADLINE PURSUANT TO FED. R. CIV. P. RULE 6(b) No. CV 03-1729-PHX-RCB (LOA)

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to review Plaintiff's medical records and provide undersigned counsel with an Affidavit necessary to support the Defendants' dispositive motion. Fed. R. Civ. P. Rule 6(b) provides that this court may exercise its discretion to enlarge litigation deadlines. Defendants submit that the circumstances set forth above constitute sufficient cause and an extraordinary circumstance for this court to exercise its discretion to grant the requested enlargement. The enlargement being sought will not be prejudicial to the Plaintiff and is not being made for purposes of delay, but out of necessity. Therefore, for the reasons set forth above, Defendants respectfully request a thirty day enlargement to file their dispositive motion in this matter. RESPECTFULLY SUBMITTED on this 29th day of September, 2005. TERRY GODDARD Attorney General s/ Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

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IDS03-0579/RM#G03-04130 926974

ORIGINAL and One copy of the foregoing filed this 29th day of September, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 29th day of September, 2005, to: _ Felipe J. Martinez, #102001 ASPC-Tucson-Santa Rita Unit P.O. Box 24406 Tucson, AZ 85734 Plaintiff Pro Per

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA FELIPE J. MARTINEZ, Plaintiff, ORDER JAMES W. BAIRD, et al., Defendants. This matter, having come before the Court on Defendants' Motion for Enlargement of the Dispositive Motion Deadline Pursuant to Fed. R. Civ. P. Rule 6(b); and cause appearing for said application; IT IS HEREBY ORDERED, that the Defendants time to file their dispositive motion is enlarged for thirty days. DATED this ____ day of _____________, 2005. No. CV 03-1729-PHX-RCB (LOA)

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