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

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EDWARD D. FITZHUGH P.O. Box 24238 Tempe, Arizona 85285-4238 (480) 752-2200 Bar No. 007138 Attorney for Plaintiffs IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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vs. Joe Ramirez and Ana Ramirez, Individually and as Parents and Legal Guardians of Jose Ramirez; Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV03-0060 PHX-ROS

MOTION TO EXTEND TIME TO COMPLETE DISCOVERY

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Glendale Union High School District No. 205; John Doe and Jane Doe I-X; ABC Corporations I-X; and XYZ Partnerships I-X, Defendants.

(Assigned to the Honorable Roslyn O. Silver)

COME NOW Plaintiffs and request the Court extend the discovery deadline in this

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case. The Court has ordered all discovery completed by January 27, 2006.

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There exists a discovery dispute in this matter: Defendants have failed to provide

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(1) the original notes of assistant principal Annie Preston, who interviewed Plaintiff Jose

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Ramirez and his attackers ; and, (2) the last known address of a witness, Defendants'

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former employee, teacher's aide Dominic Guzman.

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The circumstances of this case are that Plaintiff Jose Ramirez was physically and

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sexually attacked by other minors at Glendale Union High School. The incident was

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investigated by an administrator at Defendant school, assistant principal Annie Preston.

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Ms. Preston testified in deposition that she took notes of her investigation and interviews.

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It is imperative that Plaintiffs be permitted to review those notes. Defendants have

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produced only a three-page summary of the notes. Teacher's aide, Mr. Dominic Guzman,

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has information crucial to a fair determination of Plaintiffs' case, but his contact information

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has been withheld by Defendants.

Case 2:03-cv-00060-ROS

Document 96

Filed 01/24/2006

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Because the discovery dispute was unresolved, and with the January discovery deadline in mind, Plaintiffs filed a Motion to Compel on December 19, 2005. That Motion is pending. An additional thirty days for discovery following the Court's ruling on the Motion to Compel Discovery would not cause any delay in this matter. There is also a pending Motion for Summary Judgment in this matter, and the Court recently ordered supplemental briefing. WHEREFORE, Plaintiffs respectfully request that the Court extend the discovery deadline for at least thirty (30) days after the Court rules on Plaintiffs' Motion to Compel Discovery; and grant such other and further relief as the Court deems just and proper. RESPECTFULLY SUBMITTED this 24th day of January, 2006. /s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

I hereby certify that on January 24, 2006, I electronically transmitted the foregoing to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: J. Steven Sparks, Esq. Sanders & Parks, P.C. 3030 N. Third Street, Ste. 1300 Phoenix, Arizona 85012-3099 Attorneys for Defendants ___/s/S.J. Odneal____

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Case 2:03-cv-00060-ROS

2 Document 96

Filed 01/24/2006

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