Free Response to Motion - 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, Siers, and Macabuhay, respond to "Plaintiff's Motion to Strike and for Leave to Amend" ("Motion") as follows: By order dated May 9, 2006, Plaintiff's Motion to Amend his Motion for Summary Judgment was granted, to the extent that the Court will consider the motion as a supplemental reply. (Dkt. 122.) Instead of filing a supplemental reply, Plaintiff now moves to strike the dispositive motion documents which he has filed. Plaintiff requests that the Court allow him to submit a "responsive motion." (Motion at 2.) Defendants are unclear as to whether Plaintiff is requesting that the Court allow him to file a new response to Defendants' motion for summary judgment or if Plaintiff is requesting that he be allowed to file a new motion for summary judgment, as well as a new response to Defendants' motion. Plaintiff, who now has DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO STRIKE AND MOTION FOR LEAVE TO AMEND No. CV 03-1729-PHX-RCB (LOA)

Case 2:03-cv-01729-RCB

Document 124

Filed 05/26/2006

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full knowledge of the Defendants' arguments, should not be permitted to file a new motion for summary judgment. To the extent the Court may grant Plaintiff's Motion, Defendants request that the relief granted be limited to the filing of a new response to Defendants' motion for summary judgment, with time allowed for Defendants to file a reply. RESPECTFULLY SUBMITTED on this 26th day of May, 2006. TERRY GODDARD Attorney General

s/Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

ORIGINAL and One copy of the foregoing filed this 26th day of May, 2006, 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 26th day of May, 2006, to: Felipe J. Martinez, #102001 ASPC-Tucson-Santa Rita Unit P.O. Box 24406 Tucson, AZ 85734 Plaintiff Pro Per s/A. Palumbo Secretary to Kelley J. Morrissey
IDS03-0579/RM#G03-04130 962383

Case 2:03-cv-01729-RCB

Document 124

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Filed 05/26/2006

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