Dowling et al v. Arpaio et al

Filing 196

ORDER that the 195 Motion to extend the discovery and dispositive motion deadlines is denied. This denial is without prejudice to Plaintiffs seeking other sanctions if Defendants failed to comply with the discovery rules or supplement their discovery responses. Signed by Judge James A Teilborg on 07/01/11. (ESL)

1

WO

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
SANDRA DOWLING and DENNIS
DOWLING, husband and wife,

)
)
)
Plaintiffs,
)
)
v.
)
SHERIFF JOSEPH ARPAIO and
)
AVA ARPAIO, husband and wife;
)
MARICOPA COUNTY BOARD OF
)
SUPERVISORS; MARICOPA
)
COUNTY, a Municipal entity; JOHN
DOES I-X; JANE DOES I-X; BLACK )
)
CORPORATIONS I-V; and WHITE
)
PARTNERSHIPS, I-V,
)
Defendants.
)

No. CV 09-1401-PHX-JAT
ORDER

The Court having reviewed and considered Plaintiffs’ Request for an Extension
of Time to Complete Discovery and File Dispositive Motions, the Court does not find
cause to extend the deadlines. In the order granting the fourth request to extend
deadlines, on May 3, 2011, the Court advised the parties that there would be no further

22
23
24

extension of these deadlines. This case has been pending in Federal Court since July 2,
2009, and the Court finds that two years was adequate time to conduct discovery in this

25

case. Additionally, the “newly discovered” information that Plaintiffs claim caused the

26

need to extend the discovery deadline was in Plaintiffs possession sufficiently in

27

advance of the July 5, 2011 discovery deadline to complete discovery within the

28

1

deadline. Specifically, Plaintiffs have had the Babeu report since May 4, 2011, and took

2
3
4
5

the Hendershott deposition on March 1, 2011. Thus, based on the foregoing,
IT IS ORDERED that the request to extend the discovery and dispositive motion
deadlines (Doc. 195) is denied. This denial is without prejudice to Plaintiffs seeking

6 other sanctions if Defendants failed to comply with the discovery rules or supplement
7 their discovery responses.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated this 1st day of July, 2011.