Free Motion for Hearing on Motion - 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

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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.

REQUEST FOR ORAL ARGUMENT ON MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL DISCOVERY, AND MOTION TO EXTEND TIME TO COMPLETE DISCOVERY (Assigned to the Honorable Roslyn O. Silver)

COME NOW Plaintiffs and request that the Court set oral argument on Defendants'

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Motion for Summary Judgment, Plaintiffs' Motion to Compel Discovery, and Plaintiffs'

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Motion to Extend Time to Complete Discovery.

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Oral argument is appropriate in this case because of the number of issues involved

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in the Defendants' Motion for Summary Judgment, as highlighted by this Court's January

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6, 2006, minute entry instructing the parties to file supplemental pleadings and respond to

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questions posed by the Court. The supplemental pleadings may raise yet more questions

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from the Court, which can be answered to the Court's satisfaction during the oral

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argument.

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In addition, the Court has before it two other motions: Plaintiffs' Motion to Compel

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Discovery, and a related motion, Plaintiffs' Motion to Extend Time to Complete Discovery.

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The Court's assistance is needed to resolve this discovery dispute, and having counsel

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available at oral argument may enable the Court to get to the heart of the matter efficiently.

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Case 2:03-cv-00060-ROS Document 100 Filed 02/03/2006 Page 1 of 2

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Finally, the Court's January 6, 2006, minute entry indicated that the Court was considering sanctions against Plaintiffs for filing a separate complaint. Previously, the Court had denied Plaintiffs' Motion to Amend Complaint, wherein Plaintiffs requested to add a new cause of action against new defendants. In order to protect his clients, and based upon his professional obligations, Plaintiffs' counsel came to the conclusion that the only alternative was to file a separate cause of action. Plaintiffs urge the Court to schedule oral argument, so that Plaintiffs' counsel can personally address any concerns of the Court regarding the second complaint. WHEREFORE, Plaintiffs respectfully request the Court set oral argument on Defendants' Motion for Summary Judgment, Plaintiffs' Motion to Compel Discovery, and Plaintiffs' Motion to Extend Time to Complete Discovery. Defendants' Motion for Summary Judgment, Plaintiffs' Motion to Compel Discovery, and Plaintiffs' Motion to Extend Time to Complete Discovery. RESPECTFULLY SUBMITTED this 3rd day of February, 2006. /s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

I hereby certify that on February 3, 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____

Case 2:03-cv-00060-ROS

2 Document 100

Filed 02/03/2006

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