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

1 2 3 4

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

5 FOR THE DISTRICT OF ARIZONA 6 7 8 9 10 vs. 11 12 13 14 15 COME NOW Plaintiffs and request the Court permit them to file their Status 16 Memorandum out of time. The Court's January 6, 2006, Order directed the parties to file 17 supplemental pleadings by January 18, 2006. Plaintiffs have submitted their pleading on 18 January 20, 2006. 19 Plaintiffs' counsel was not aware of the Court's Order, as Plaintiffs' counsel hired 20 a new secretary on January 5, 2006. The new secretary was not familiar with the federal 21 court's electronic filing system, and was provided with the training manual. Unfortunately, 22 the secretary downloaded the January 6, 2006, Notice of Electronic Filing, reviewed the 23 text and understood it to be in the nature of a brief Superior Court minute entry with no 24 further action required. The full document, that is, the Court's Order, was not downloaded 25 for counsel's review. 26 Counsel also notes that Defendants filed their Status Report on January 19, 2006. 27 ... 28 Case 2:03-cv-00060-ROS Document 94 Filed 01/20/2006 Page 1 of 2 Glendale Union High School District No. 205; John Doe and Jane Doe I-X; ABC Corporations I-X; and XYZ Partnerships I-X, Defendants. Joe Ramirez and Ana Ramirez, Individually and as Parents and Legal Guardians of Jose Ramirez; Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV03-0060 PHX-ROS

MOTION TO FILE PLEADING OUT OF TIME

(Assigned to the Honorable Roslyn O. Silver)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

WHEREFORE, Plaintiffs respectfully request that the Court permit them to file their Status Report on the date of January 20, 2006. RESPECTFULLY SUBMITTED this day of January, 2006.

/s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

I hereby certify that on January 20, 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____

17 18 19 20 21 22 23 24 25 26 27 28 2 Case 2:03-cv-00060-ROS Document 94 Filed 01/20/2006 Page 2 of 2