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' MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND TO REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. RULE 6(b) No. CV 03-1729-PHX-RCB (LOA)

Defendants Baird, Jones, Seirs, and Macabuhay, move, pursuant to Fed. R. Civ. P. Rule 6(b), for a thirty day enlargement of time to respond to Plaintiff's Motion for Summary Judgment and to Reply in Support of their Motion for Summary Judgment for the following reasons: Plaintiff filed his Motion for Summary Judgment on January 12, 2006. (Dkt. 104.) The Defendants' response is due on February 13, 2006. On February 6, 2006, Plaintiff filed his opposition to the Defendants' Motion for Summary Judgment. (Dkt. 107.) The Defendants Reply is due on February 22, 2006. In the interest of judicial economy, Defendants request that they be allowed to file their response to Plaintiff's

Case 2:03-cv-01729-RCB

Document 108

Filed 02/13/2006

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Motion for Summary Judgment in conjunction with their reply to Plaintiff's opposition to Defendants' Motion for Summary Judgment. Additionally, counsel has been advised that Defendant Baird was hospitalized again and is not expected to return to his office for another three weeks. Due to his absence from the office undersigned counsel is unable to consult with him regarding Plaintiff's assertions and arguments submitted in his Motion for Summary Judgment and his Opposition to the Defendants' Motion for Summary Judgment. 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 of time to respond to Plaintiff's Motion for Summary Judgment and to reply in support of their Motion for Summary Judgment in this matter. RESPECTFULLY SUBMITTED on this 13th day of February, 2006. TERRY GODDARD Attorney General

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

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ORIGINAL of the foregoing e-filed filed this 13th day of February, 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 13th day of February, 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 947112

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