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 TAKE DEPOSITION

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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 March 20, 2006, deadline

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set by the Court to complete the deposition of witness Dominic Guzman.

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Mr. Guzman's deposition was scheduled for this date, March 1, 2006, and was

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cancelled by Defense counsel.

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Yesterday, February 28, 2006, Defense counsel's secretary informed Plaintiffs'

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counsel that someone in their office had spoken to Mr. Guzman's mother, who told them

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that Mr. Guzman was "in jail." Defense counsel's secretary claimed to have no additional

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information; she couldn't say where Mr. Guzman was incarcerated--what jail, or even what

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state.

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Using the telephone number provided by Defense counsel, Plaintiffs' counsel called

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and spoke with Dominic Guzman's mother, Jane Guzman. Mrs. Guzman told Plaintiffs'

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counsel that her son was arrested on an unknown charge and was in a holding cell in

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Phoenix. Plaintiffs note that during the telephone conversation, Mrs. Guzman asked

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Plaintiffs' counsel twice what his role was in the case. Plaintiffs' counsel told Mrs. Guzman eachCase 2:03-cv-00060-ROS theDocument 108 Cortez High School. Page 1 of 3 time that he represented child injured at Filed 03/01/2006

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Counsel checked the Maricopa County Sheriff's booking records and learned that Mr. Guzman was arrested February 26, 2006, for two drug-related Class 1 felonies, and an additional Class 1 misdemeanor. (See, Exhibit A, booking record #P152341). Since Mr. Guzman was so recently arrested, and considering the severity of the charges against him, it is not clear when, or if, he will be released from the county jail prior to trial. Plaintiffs file this motion to apprise the Court of the status of the Guzman deposition, and of the relative likelihood of completing the deposition prior to the Court's deadline. An alternative to waiting to depose Mr. Guzman until he is released from jail would be to take his deposition in the jail facility. Mr. Guzman is incarcerated in a county facility, and this Court has jurisdiction and authority to order that Mr. Guzman be made available for deposition (Such an order typically requires the full names, dates of birth, and social security numbers of the attorneys and the court reporter). WHEREFORE, Plaintiffs respectfully request that the Court extend the deadline to complete the deposition of Dominic Guzman for an additional (60) days; or, in the alternative, order that Mr. Guzman be made available for deposition in the county jail; and grant such other and further relief as the Court deems just and proper. RESPECTFULLY SUBMITTED this 1st day of March, 2006. /s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

Case 2:03-cv-00060-ROS

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1 I hereby certify that on March 1, 2006, I electronically 2 transmitted the foregoing to the Clerk's Office using the CM/ECF 3 System for filing and transmittal of a Notice of Electronic Filing 4 to the following CM/ECF registrants: 5 J. Steven Sparks, Esq. Sanders & Parks, P.C. 6 3030 N. Third Street, Ste. 1300 Phoenix, Arizona 85012-3099 7 Attorneys for Defendants 8
___/s/S.J. Odneal____

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