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

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TERRY GODDARD Attorney General CATHERINE M. BOHLAND Assistant Attorney General Bar No. 022124 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. Defendants1, through undersigned counsel, move the Court for a remedial Order enlarging the time for Defendants to file their Motion for Summary Judgment. Defendants request an enlargement of sixty (60) days from February 28, 2006, or until April 28, 2006, for the dispositive motions. Undersigned counsel has contacted Plaintiff's attorney and he does not object to an extension of time. This motion is supported by good cause and is not made to cause undue delay. This motion is supported by the Memorandum of Points and Authorities attached hereto. No: CV03-1706-PHX-NVW (VAM) DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME TO FILE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

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Dora Schriro, Conrad Luna and Barbara Shearer.
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Case 2:03-cv-01706-NVW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 s/Catherine M. Bohland Catherine M. Bohland Assistant Attorney General Attorneys for Defendants I. MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Pursuant to the Court's scheduling order, the deadline for filing dispositive motions is February 28, 2006. (Dkt. 48.) This case involves issues related to security threat groups ("STG"), including conditions of confinement. Undersigned counsel was notified on February 7, 2006, that the Honorable Susan R. Bolton set Diaz v. Schriro, USDC CV031498, for trial beginning February 22, 2006. Because defense counsel is preparing for trial, Defendants request additional time to prepare an appropriate substantive dispositive motion. II. .

LEGAL ARGUMENT Rule 6 (b), Federal Rules of Civil Procedure, permits the Court for cause shown in

its discretion, to grant an appropriate extension of time to comply with an order of the Court. In this case the Plaintiff will not be prejudiced. The length of enlargement sought by counsel will most likely have a positive rather than a negative impact on the judicial proceedings by eliminating issues and arguments which are unsupported as a matter of law. Defendants' counsel asserts that the reasons set forth above constitute good cause for the Court to exercise its discretion. Therefore, Defendants respectfully request an enlargement of sixty (60) days for filing dispositive motions, until April 28, 2006. RESPECTFULLY SUBMITTED this 13th day of February, 2006. TERRY GODDARD Attorney General

Case 2:03-cv-01706-NVW

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Original e-filed this 13th day of of February, 2006, with: Clerk of the Court United States District Court 401 West Washington Phoenix, Arizona 85003 Copy mailed the same date to: Robert L. Storrs Robert L. Storrs, P.C. 45 W. Jefferson, Suite 803 Phoenix, AZ 85003-2317 Attorney for Plaintiff s/A.Palumbo Legal Secretary to Catherine M. Bohland IDS04-0363/RSK:GG04-20823
946869

Case 2:03-cv-01706-NVW

Document 53

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