Free Order on Motion to Continue - District Court of Arizona - Arizona


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Date: July 19, 2005
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State: Arizona
Category: District Court of Arizona
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Case 2:02-cv-02245-EHC Document 101 Filed 07/19/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiff, ) ) vs. ) ) ) Intel Corporation, ) ) Defendant. ) ) ) ) Intel Corporation, ) ) Counterclaimant, ) ) vs. ) ) Ammar Halloum and Sawsan Hamad, ) ) Counterdefendants. ) _________________________________ )

Ammar Halloum,

No. CIV 02-2245-PHX-EHC ORDER

Plaintiff filed a "Motion to Continue Deadline for Filing Motions in Limine" on February 14, 2005 [Dk. 76]. Defendant responded [Dk. 84]. Plaintiff replied [Dk. 88]. Under the Scheduling Order of August 25, 2004 [Dk. 65], modified by the Order of December 27, 2004 [Dk. 66], the deadline for filing motions in limine was thirty days before the March 8, 2005 jury trial. When that deadline passed, Plaintiff was represented by Attorney Christopher Reed, who was not withdrawn as Plaintiff's counsel until February 17, 2005. Attorney Rosemary Cook entered an appearance on February 3, 2005.

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Plaintiff has not shown "excusable neglect" under Rule 6(b) of the Federal Rules of Civil Procedure for missing the Court's deadline. The "Motion to Continue Deadline for Filing Motions in Limine" is denied. The Court will address evidentiary issues, including the admissibility of Plaintiff's involvement in an alleged incident of domestic violence and Plaintiff's prior litigation of other matters, at the time of trial. On July 18, 2005 a status hearing was held. Plaintiff, who is pro se, and defense counsel Michael D. Moberly and Andrea G. Lisenbee were present. Plaintiff requested a forty-five day continuance to find a lawyer to represent him. Defendant did not object. Accordingly, IT IS ORDERED DENYING Plaintiff's "Motion to Continue Deadline for Filing Motions in Limine," filed on February 14, 2005 [Dk. 76], without prejudice to any objections at trial. IT IS FURTHER ORDERED setting a status hearing on Monday, September 6, 2005 at 9:00 a.m. IT IS FURTHER ORDERED that Plaintiff file a status report by Friday, August 5, 2005 concerning his efforts in employing a lawyer to represent him. DATED this 19th day of July, 2005.

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