Free Supplement - 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 SUPPLEMENT TO PLAINTIFFS' REPLY IN 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 submit their Supplement to Plaintiffs' Reply in Motion to

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Extend Time to Complete Discovery.

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This Supplement is necessary because Plaintiffs' counsel, in reviewing the hundreds

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of pages of documents, noticed a discrepancy in Defendants claim that Defendant Preston

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never prepared handwritten notes of her investigation of the assault on Jose Ramirez.

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Defendants' Cumulative Third Supplemental Disclosure Statement states it has

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produced "Annie Preston's March 15, 2001 notes concerning complaint brought by Jose

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Ramirez's mother . . . . " (See, Exhibit 1, Defendants' Cumulative Third Supplemental

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Disclosure Statement , p. 14)

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The March 15, 2001, notes have never been produced.

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Instead, Defense counsel submitted computer-generated notes dated March 16,

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2001. In another document produced by defense counsel, dated March 16, 2001, and

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attached as Exhibit 1 to Plaintiffs' Reply in Motion to Extend Time to Complete Discovery,

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there is a reference to the fact that Defendant Preston was "re-writing her notes." The

Case 2:03-cv-00060-ROS

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pattern of events is crystal clear: the handwritten notes were made on March 15, 2001, and the computer-generated notes were made on March 16, 2001. Defendants must produce the March 15, 2001, notes to Plaintiffs. Regarding the missing witness information, defense counsel, for the first time, now discloses the address and date of termination of Dominic Guzman, the employee responsible for monitoring the young men involved in the assault. In all of Defendants' previous disclosures, Defendants claimed absolutely no knowledge of Mr. Guzman's address ("Address and telephone number unknown."), and only admitted that Mr. Guzman "was formerly an instructional aide." (See, Exhibit 2, attached, Defendants' Second Supplemental Disclosure Statement, §6, page 3). Finally, in their latest disclosure, Defendants provide Mr. Guzman's last known address and telephone number, which must certainly have been in Defendant School District's files from the beginning of this action. And, further, Defendants now disclose the fact that Mr. Guzman, the employee directly entrusted with Jose's safety, left his employment with the Glendale High School District the very same month that Defendants investigated the assault. (See, Exhibit 3, Defendants' Cumulative Third Supplemental Disclosure Statement , §10, pp. 4-5). The Court must take note that these failures to disclose are not the first time that Defendants have withheld material information. Plaintiffs incorporate by reference

Plaintiffs' Motion for Sanctions, filed June 7, 2004, as if fully set forth herein. WHEREFORE, Plaintiffs respectfully request the Court extend discovery until 30 days after the ruling on the Motion to Compel. RESPECTFULLY SUBMITTED this 10th day of February, 2006. /s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

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I hereby certify that on February 10, 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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