Free Motion for Extension of Time - District Court of Arizona - Arizona

Timothy A. Shimko (PRO HAC VICE) (OSBN 0006736) David A. Welling (PRO HAC VICE) (OSBN 0075934) TIMOTHY A. SHIMKO & ASSOCIATES 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SHIMKO & PISCITELLI, et al., Plaintiffs, v. PAUL WOODCOCK, et al., Defendants.

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Case No. CV-04-00078-FJM Judge Frederick J. Martone PLAINTIFFS' MOTION TO EXTEND THEIR DEADLINE BY SEVEN (7) DAYS TO SUBMIT THEIR OPPOSITION PAPERS TO THE DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

NOW COME Plaintiffs, and hereby submit their motion for a seven (7) day extension of time in which to submit their opposition papers to the Defendants' motions for summary judgment. This Court previously established the Plaintiffs' opposition deadline as April 30, 2008, which was set forth in this Court's Rule 16 Scheduling Order. The Plaintiffs now

respectfully request a seven (7) day extension so that their opposition papers are due on or before May 7, 2008. The basis for this request is that Plaintiffs' counsel has been in final trial preparations for a civil trial in Cleveland, Ohio (the case of Melinda Short v. Greg Puciato, et al., Case No. CV 07 612048, Cuyahoga County, Ohio). The case was set for trial on April 28, 2008, which caused

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for final trial preparations. The Plaintiffs therefore require a little more time to complete their briefing. This request is not meant to delay or prejudice anyone, and rather, is solely in the interests of justice and because of undersigned counsel's calendar constraints. Notably, this brief extension will not disrupt the case schedule. RESPECTFULLY SUBMITTED on this 28th day of April, 2008. TIMOTHY A. SHIMKO & ASSOCIATES

By:

/s/ Timothy A. Shimko Timothy A. Shimko (OSBN 0006736) David A. Welling (OSBN 0075934) 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiffs

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COPY of the foregoing electronically filed and served this 28th day of April, 2008 upon: Roger L. Cohen, Esq. #004409 JABURG & WILK, PC 3200 North Central Ave., Ste. 2000 Phoenix, Arizona 85012 Phone: 602-248-1000 Counsel for Defendants Ross Richard J. McDaniel, Esq. 11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsel for Defendants Woodcock Milton and Kathi Guenther 3642 E. Rockwood Phoenix, Arizona 84032 Defendants in pro se David and Rhonda Goldfarb 11437 N. 53rd Place Scottsdale, Arizona 8525 Defendants in pro se

/s/ Mildred Pacheco

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