Free Motion for Leave to File Excess Pages - 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' MOTION TO EXCEED PAGE LIMIT FOR DEFENDANTS' OBJECTIONS TO PLAINTIFF'S UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S STATEMENT OF DISPUTED FACTUAL ISSUES No. CV 03-1729-PHX-RCB (LOA)

Defendants, Baird, Jones, Siers, and Macabuhay, pursuant to LRCiv 7.2(e), move for permission to exceed the page limitation for their "Objections to Plaintiff's Undisputed Facts in Support of Motion for Summary Judgment and Plaintiff's Statement of Disputed Factual Issues" for the following reasons: Local Rule 7.2(e) limits a motion including its supportive memorandum to seventeen (17) pages, exclusive of attachments. With respect to their "Objections to Plaintiff's Undisputed Facts in Support of Motion for Summary Judgment and Plaintiff's Statement of Disputed Factual Issues" Defendants request permission to exceed that limitation by six (6) pages. Plaintiff filed his Brief in Opposition to

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Defendants' Motion for Summary Judgment, a Statement of Disputed Factual Issues, and a Declaration in Opposition to Defendants Motion for Summary Judgment with voluminous exhibits attached, as well as his own Motion for Summary Judgment, Statement of Undisputed Facts in Support of his Motion for Summary Judgment, and a Declaration in Support of Motion for Summary Judgment with voluminous exhibits attached. (Dkt. 104, 107.) On February 24, 2006, this Court granted the Defendants' an enlargement so they could reply in support of their Motion for Summary Judgment and respond to Plaintiff's Motion for Summary Judgment at the same time. (Dkt. 109.) The additional pages are required to fully and adequately object to Plaintiff's voluminous submissions. The enlargement of the page limitation being requested will not prejudice Plaintiff. THEREFORE, for the foregoing reasons, the Defendants respectfully request that they be permitted to exceed the page limitation in "Objections to Plaintiff's Undisputed Facts in Support of Motion for Summary Judgment and Plaintiff's Statement of Disputed Factual Issues." Defendants provide herewith a proposed Order for the Court's consideration. RESPECTFULLY SUBMITTED on this 22nd day of March, 2006. TERRY GODDARD Attorney General

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

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ORIGINAL and One copy of the foregoing filed this 22nd day of March, 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 22nd day of March, 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 952736

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