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

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Terry Goddard Attorney General Susanna C. Pineda, Bar No. 011293 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Phone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Earl Felton Crago, Jr., No. CV 03-0916 PHX EHC (JRI) Plaintiff, v. Dora B. Schriro, et al., Defendants. DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME FOR FILING CROSS-MOTION FOR SUMMARY JUDGMENT IN CONJUNCTION WITH RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Defendants, by and through counsel undersigned, hereby move this Court, pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, for a fifteen (15) day enlargement of time within which to file their Cross-Motion for Summary Judgment in conjunction with their Response to Plaintiff's Motion for Summary Judgment. The current deadline for filing Defendants' Cross-Motion for Summary Judgment in this case is October 13, 2005. Defendants' Response to Plaintiff's Motion for Summary Judgment is due October 19, 2005. Defendants believe that filing their Cross-Motion for Summary Judgment in conjunction with their Response to Plaintiff's Motion for Summary Judgment will help serve the interests of judicial economy in an already over-burdened court system.

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

Document 132

Filed 10/06/2005

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Additionally, an enlargement of time is necessary because undersigned counsel will be unable to devote sufficient time to prepare and complete the response and the crossmotion for summary judgment due to counsel's other work commitments in over forty other inmate cases such as this, which include several other dispositive motion deadlines, numerous discovery deadlines, and a trial set for October 20, 2005, before the Honorable Susan Bolton in two other inmate cases. These cases only recently were consolidated for trial. Undersigned counsel represented only the defendants in one of these actions. However, on October 5, 2005, the other Assistant Attorney General assigned to represent the defendants in the second action resigned. Undersigned counsel has now been assigned to represent the defendants in both actions. While some of the claims in these cases are similar, the second action has additional claims which are not shared by the first action. As a result, counsel is required to familiarize herself with the second action for trial in two weeks time, detracting from counsel's ability to file the pleadings in this case. Therefore, for the reasons set forth above, Defendants submit that the above circumstances constitute good cause for an enlargement of time and respectfully request an enlargement of 15 days, up to and including October 28, 2005, in which to file their Response to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment.

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RESPECTFULLY SUBMITTED this 6th day of October, 2005. Terry Goddard Attorney General

s/ Susanna C. Pineda Susanna C. Pineda Assistant Attorney General Attorneys for Defendants Original e-filed this 6th day of October, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Earl Felton Crago, Jr. #115357 ASPC - Lewis - Rast Unit P.O. Box 3300 Buckeye, AZ 85326 s/ Colleen S. Jordan Secretary to: Susanna C. Pineda IDS04-0331/RSK:G04-20766 #928142

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