Free Stipulation - District Court of Arizona - Arizona

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Robert L. Storrs, P.C. Robert L. Storrs 45 W. Jefferson, Suite 803 Phoenix, AZ 85003-2317 Attorney for Plaintiff [email protected] Terry Goddard, Attorney General Catherine M. Bohland, Bar No. 022124 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Mark E. Hampton, Plaintiff, v. Charles Ryan, et al., Defendants. Plaintiff, Mark E. Hampton,1 and Defendants, Dora Schriro, Conrad Luna and Barbara Shearer, hereby stipulate and jointly move for an order enlarging the time for the parties to file their dispositive motions for ninety (90) days from April 28, 2006, or until July 28, 2006. This motion is supported by good cause and is not made to cause undue delay. The parties request an enlargement of the dispositive motion deadline for several reasons. First, Plaintiff is a validated member of a Security Threat Group ("STG") and is currently housed in the Arizona State Prison Complex ("ASPC")-Eyman, Special
Plaintiff's counsel has reviewed this proposed stipulation and agrees to the placement of his signature on the electronically filed motion. Case 2:03-cv-01706-NVW Document 56 Filed 04/12/2006 Page 1 of 4
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No: CV03-1706-PHX-NVW (VAM) STIPULATION TO ENLARGE TIME FOR FILING OF DISPOSITIVE MOTIONS

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Management Unit ("SMU") II. (Dkt. 49.) Plaintiff's Amended Complaint alleges multiple violations of his substantive and procedural due process rights for his placement and continual confinement in SMU II (Count I), and an Eighth Amendment violation prohibiting cruel and unusual punishment, stemming from his conditions of confinement in SMU II and lack of medical treatment (Count II). (Dkt. 49.) Effective March 15, 2006, the Arizona Department of Corrections ("ADC") implemented significant changes to the STG policy. The revised policy enables validated STG members to secure their release from SMU II through a Step-Down Program which is outlined in revised Department Order ("DO") 806. The revised DO 806 permits inmates, who have been validated as STG members, to remove themselves from STG activity and demonstrate to Department staff that they are no longer involved with STG activity. Should the STG member successfully complete the program, they are eligible for release into the General Population. Plaintiff has applied for the "pilot" Step-Down Program. Counsel for Defendants has consulted with the supervisor of the STG Unit, who states that Plaintiff meets the requirements for eligibility to participate in the Step-Down Program. If Plaintiff is

accepted into the "pilot" Step-Down program, all of Count I and a substantial portion of Count II of the Amended Complaint are moot. As such, undersigned attorneys agree that an enlargement of time for filing dispositive motions is necessary to confirm whether or not Plaintiff will participate in the Step-Down Program. Secondly, Plaintiff's remaining claim related to medical treatment involves over 1,000 pages of medical records. As such, a thorough review of Plaintiff's medical file by both Defendants' and Plaintiff's medical authorities is needed to determine the relevancy of Plaintiff's claim. Because of the recent modification of ADC policy and the potential benefit to Plaintiff, as well as the need of both parties to review Plaintiff's extensive medical file, the

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parties agree that no one will be prejudiced by the extension. accompanies this stipulation. RESPECTFULLY SUBMITTED this 12th day of April, 2006. Robert L. Storrs, P.C.

A proposed order

Terry Goddard, Attorney General

By s/ Robert L. Storrs Attorney for Plaintiff

By s/ Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorney for Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

No: CV03-1706-PHX-NVW (VAM) ORDER

Plaintiff,

Charles Ryan, et al., Defendants.

The Court having considered Defendants' and Plaintiff's proposed stipulation, and finding good cause: IT IS ORDERED that the stipulation is GRANTED and the deadline for filing dispositive motions is extended until July 28, 2006.

__________________________________ Neil V. Wake United States District Judge

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