Free Uncategorized - District Court of Arizona - Arizona

1 Joseph T, Clees, No. 009645
2 Karen Gillen, N0. 018008
Nonnie L. Shivers, N0. 023460
3 Ogletree, Deakins, Nash, Smoak & Stewart, P.C., N0. 00504800
2415 East Camelback Road, Suite 800
4 Phoenix, Arizona 85016
5 Telephone: (602) 778-3700
joe.c1ees@ogletreedeakinscoin
6 karen.gillen@ogletreedeakinscom
7 [email protected]
g Attorneys for Charles Schwab & Company, Inc.
9
10 UNITED STATES DISTRICT COURT
8 11 DISTRICT OF ARIZONA
E 12 Marcela Johnson, No. CV04-0790-PHX-J WS
up I; 4 ID ·
§ Q;] § g 13 Plaintiff CHARLES SCHWAB & COMPANY, i
ifi 1; @5 14 INC’S RESPONSE TO PLAINTIFF’S
§ Q § VS- EXPEDITED MOTION TO EXTEND
EE g § 15 Ch 1 S h b C t, RESPONSE DEADLINE TO MOTIONS Q
8 :2 “ 16 at GS ° Wa °"P°m ‘°“· Fok SUMMARY JUDGMENT »
19
Q 17 Defendant.
18 Defendant, Charles Schwab & Company, Inc. ("Schwab"), by and through its
19 counsel undersigned, submits its response to Plaintiffs Expedited Motion to Extend i
20 Response Deadline to Motions for Summary Judgment. j
21 Schwab previously stipulated to extend plaintiffs response deadline to Schwab’s
22 motions for summary judgment by one week. The parties also stipulated to extend
23 Schwab’s deadline to file its reply to June I, 2006.
24 On May 1, 2006, plaintiffs counsel contacted Schwab’s counsel and requested
25 another four day extension to file her response to Schwab’s motions for summary
26 judgment. (See attached Exhibit A.) Schwab agreed to stipulate to plaintiffs counsel’s
27 request for an extension. Schwab in turn requested an additional six business days to file
28 its reply. Plaintiffs counsel refused Schwab’s request, stating that plaintiff was "on1y
Case 2:04-cv—OO790-EHC Document 148 Filed O5/O4/2006 Page 1 of 3

1 asking for a few extra days," and that if Schwab would not agree to grant plaintiffs
2 counsel the extension without more time to file its reply, plaintiffs counsel would ‘just
3 work all weekend."
4 Plaintiffs counsel has not provided Schwab or the Court with a good reason for
5 yet another extension. Indeed, plaintiffs counsel has not provided the court with any
6 reason for her request. The only justification presented to Schwab by plaintiffs counsel
7 in seeking the extension was because plaintiffs counsel has been "buried." (Exhibit A.)
8 Plaintiffs counsefs proffered reason does not constitute an adequate basis for granting
9 the request extension.
10 In the event the Court grants plaintiffs requested extension, Schwab respectfully
§ ll requests that the Court also grant Schwab the same length of time that it grants to plaintiff E
E g 12 in which to file its reply, specifically an additional four business days. Plaintiffs
ci m ,
EEE; 13 statement that Schwab will not be prejudiced if the Court does not grant Schwab a .
E E ’“ E A
Fi E § if 14 matching extension fails to take into account the legal/court holiday on May 29, 2006,
E E E § 15 which would leave Schwab with only twelve business days in which to craft its reply.
3 cn E I
° E L 16 RESPECTFULLY SUBMITTED this 4th day of May 2006. ‘
-
" 17 ooLErREE,DEA1<1Ns,NAsH,
18 SMOAK & STEWART, P.C.
20 . . 4
By: s/Nonnie L. Shivers
2] Joseph T. Clees
Karen Gillen
22 Nonnie L. shivers
23 2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
24 Attorneys for Charles Schwab &
25 Company, Inc.
26
Case 2:04-cv—OO790-EHC Document 148 2 Filed O5/O4/2006 Page 2 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 4th day of May 2006, I electronically transmitted the
3 foregoing document to the Clerk’s office using the CM/ECF System for filing and
4 transmittal of a Notice of Electronic Filing to the following CM/ECP registrants:
5 Dawn C. Valdivia, Esq.
6 Quarles Brady Streich Lang, LLP
Two North Central Avenue
7 Phoenix, Arizona 85004
8 Attorneys for Plaintiff Marcela Johnson
9
sl Debra A. Irwin
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Case 2:04-cv-00790-EHC

Document 148

Filed 05/04/2006

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Case 2:04-cv-00790-EHC

Document 148

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Case 2:04-cv-00790-EHC

Document 148

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