Free Order on Motion for Summary Judgment - District Court of Arizona - Arizona

SRM

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Document 1421 - Filed 11/15/2005 Page 1 of 2 Case 2:03-cv-00916-EHC-JRI

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Earl F. Crago, Plaintiff -vsDora B. Schriro, et al., Defendant(s) CV-03-0916-PHX-EHC (JI) ORDER

Under consideration is Plaintiff's Motion to Amend Motion for Partial Summary Judgment, filed October 20, 2005 (#135). Plaintiff seeks to amend his pending Motion for Summary Judgment, filed September 16, 2005 (#130) to correct unspecified errors in form and to make it conform with the Court's Local Rules. Defendants have not responded to the motion to amend. The Defendants have, in the interim, however, filed a response to the motion for summary judgment, and their own cross-motion. The Court will grant Plaintiff' motion to amend, will terminate the pending motion, and grant Defendants time to file a renewed crossmotion for summary judgment.

IT IS THEREFORE ORDERED that Plaintiff's Motion to Amend Motion for Partial Summary Judgment, filed October 20, 2005 (#135) is GRANTED. Plaintiff's amended Motion for Partial Summary Judgment, lodged October 20, 2005, shall be FILED.

IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment, filed September 16, 2005 (#130) shall be removed from the Court's pending motions calendar.

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Plaintiff's Amended Motion for Summary Judgment and to file any new cross-motion for summary judgment.

DATED: November 14, 2005
S:\Drafts\OutBox\03-0916-135o Order 05 11 09 re MAmendMSJ.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

Case 2:03-cv-00916-EHC-JRI

Document 1422 - Filed 11/15/2005 -

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