Free Uncategorized - District Court of Arizona - Arizona

l Joseph T. Clees, #009645 1
2 Christopher M. Mason, #019891 1
Michelle H. Ganz, #023651
3 OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
4 2415 East Camelback Road, Suite 800
5 Phoenix, Arizona 85016
Telephone: (602) 778-3700
6 [email protected]
7 chris.mason@ogletreedeakinscom
michelle. anz o letreedeakinscom
s
9 Attorneys for Defendant Charles Schwab & Co., Inc.
10 UNITED STATES DISTRICT COURT
11 DISTRICT OF ARIZONA
8 12 MARCELA JOHNSON, Case No. CV 04-0790 PI—IX—J WS P
jg Q _; E 13 Plaintifi DEFENDANT’S EXPEDITED
E 5§ § 4 MOTION FOR EXTENSION OF _
g § gz g rp VS- TIME TO ANSWER PLAINTIFF’S y
“' E E E W WRITTEN DISCOVERY Q
E3 E Q? CHARLES SCHWAB CORPORATION,
4*1 116 r 1+** R A
at ii; EE . Defendant. ( Hist cquest) Q
O W ‘
s 17 2
18 Pursuant to Federal Rules of Civil Procedure, Rule 33(b) and 34(b), and Arizona
19 District Court Local Rule 7.3, Defendant, Charles Schwab & Co., Inc. ("Schwab“) seeks
20 an extension of time to respond to Plaintiff’s First Set of Requests for Production and
21 First Set of Non-Uniform Interrogatories. Schwab seeks two additional weeks to
22 complete its evaluation of these discovery requests, search for information, provide
23 personnel from Schwab an opportunity to review the responses, and to submit the
I 24 responses to Plaintiff. Plaintiff s counsel has declined to permit this extension,
25 notwithstanding the fact that undersigned counsel has provided Plaintiff’ s counsel with
26 repeated extensions of time in this case, with no questions asked.
27 Plaintiff delivered 36 multi-part interrogatories and requests for production on
28 undersigned counsel just four weeks ago with a response deadline of October 10, 2005.
Case 2:04-cv—00790-EHC Document 42 Filed 10/06/2005 Page 1 of 3

1 Many of these requests seek documents of claims dating back a decade in other regions
2 of the country. While undersigned counsel acknowledges that it fully intends to object to
3 the broad scope of many of the requests, it is still gathering information needed for
4 responses, and assessing the degree to which certain requests can be answered
5 notwithstanding their broad scope. Undersigned counsel is also preparing pre—trial
6 disclosures and motions in limine in another case, all of which are due no later than
7 October 12, 2005. Despite having worked diligently to analyze the requests and gather _
8 appropriate information, Schwab will require additional time to complete its normal i
9 _ process and serve responses.
10 · Schwab requested P1aintiff’ s counsel to consent to the two-week extension, its first
ll request for an extension of discovery responses.] The same day, Plaintiffs counsel
f Lg 12 indicated that they were “not inclined" to grant the extension.2 They equivocally ;
g 8 13 indicated that they may grant the extension if, before agreeing to grant it, Schwab would
E 14 inform them what documents they would produce and how they would respond to the
§ 15 requests.3 Obviously, Schwab would not request an extension if it were able to
16 immediately and specifically identify all of the objections it intended to raise and the E
g 17 information it intended to provide. This quid pro quo demand of Plaintiffs counsel is t
18 both illogical and unjustified. Therefore, Schwab respectfully requests that this Court
19 enter an Order extending the response period for Schwab to respond to the discovery at
20 issue in this Motion, until October 24, 2005. Schwab is hopeful that it will not need the
21 full two—week period in which to complete its responses.
22 /1
23 xx
24 1
26 ‘ see Letter from Michelle rt. Gehz, dated October 5, 2005, attached hereto as Exhibit ‘=Ar·
27 2 s Letter from oewh veitttvte, dated October 5, 2005, etttteheo hereto as Exhibit ··B.”
28 3 See Exhibit ·¢s.··
Case 2:04-cv—00790-EHC Document 42 2 Filed 10/06/2005 p Page2of3

1 DATED this 6th day of October 2005.
2 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
3 4 Q
4 _ 3
By sl Christopher M. Mason, #019891 A
5 Joseph T. Clees Q
6 Christopher M. Mason A
Michelle H. Ganz Q
7 2415 East Camelback Road, Suite 800 1
Phoenix, Arizona 85016
8 Attorneys for Charles Schwab & Co., Inc. 1
9
10 3
11 Q
_ Q 12
13
aegis 4
ggggg 14
QSEE: i
Ei *3 § s S 15 g
4-* *"· 4
gag: 16 A 7 A
5 17 A
18 Q
19 f
20
21 §
22 Q
23 Q
24
25 Q
26
27 Q
28 2 Q
Case 2:04—cv—00790-EHC Document 42 3 Filed 10/06/2005 Page 3 of 3

Case 2:04-cv-00790-EHC

Document 42

Filed 10/06/2005

Page 1 of 3

Case 2:04-cv-00790-EHC

Document 42

Filed 10/06/2005

Page 2 of 3

Case 2:04-cv-00790-EHC

Document 42

Filed 10/06/2005

Page 3 of 3