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

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Wayne Gill, Esq. (Fla Bar. No. 114953) WALTON LANTAFF SCHROEDER & CARSON LLP 1700 Palm Beach Lakes Boulevard, 7th Floor West Palm Beach, Florida 33401 Telephone: (561) 689-6700 Facsimile: (561) 689-2647 Steven Plitt, Esq. (State Bar No. 007481) Daniel Maldonado, Esq. (State Bar No. 018483) BESS KUNZ, A Professional Corporation 3838 North Central Avenue, Suite 1500 Phoenix, Arizona 85012-1092 Telephone: (602) 331-4600 Facsimile: (602) 331-8600 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA U-Haul International, Inc.; U-Haul Company Of Pennsylvania; U-Haul Company Of Florida; and Republic Western Insurance Company, Plaintiffs, vs. Lumbermens Mutual Casualty Company, Defendants. __________________________________ LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant/Counter-Plaintiff, v. CASE NO.: CIV-04-0662-PHX-DGC (Maricopa County Superior Court Cause No. CV 2004-002438) JOINT STIPULATED MOTION FOR EXTENSION OF DUE DATE FOR FILING ANY MOTIONS FOR RECONSIDERATION OR CLARIFICATION OF THE COURT'S JUNE 12, 2006 ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (FIRST REQUEST)

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REPUBLIC WESTERN INSURANCE CO.; U-HAUL INTERNATIONAL, INC.; U-HAUL COMPANY OF PENNSYLVANIA; U-HAUL COMPANY OF FLORIDA; AMERCO; AMERCO REAL ESTATE CO. D/B/A NOVI MANUFACTURING CO. AND WARRINGTON MANUFACTURING CO.; AMERCO REAL ESTATE SERVICES, INC.; AMERCO REAL ESTATE COMPANY OF TEXAS, INC. ; U-HAUL BUSINESS CONSULTANTS, INC.; U-HAUL COMPANY OF ARIZONA; U-HAUL COMPANY OF CALIFORNIA D/B/A PARAMOUNT MANUFACTURING CO.; U-HAUL CO. OF INDIANA, INC. D/B/A CHICAGO ASSEMBLY DIVISION; U-HAUL CO. OF MASSACHUSETTS, INC. D/B/A BOSTON TRAILER MANUFACTURING COMPANY, INC.; U-HAUL CO. OF MICHIGAN; AND UHAUL CO. OF TEXAS D/B/A DFW MFG. CO., INC.; Counter-Defendants.

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Each of the parties, through their respective undersigned counsel, and pursuant to LRCiv. 7.3, hereby jointly submit this stipulated motion to extend the deadline for filing any motions under LRCiv. 7.2(g) for reconsideration or clarification of the Court's June 12, 2006 Order on Cross-Motions for Summary Judgment, to ten (10) days after the parties file the joint report required by the Court's said order. parties state: 1. This is the first request for an extension of the due date for the filing of In support thereof, the

any such motion for reconsideration or clarification. 2. The Court's said order includes the following rulings:

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A.

". . . the Court will grant in part and deny in part Plaintiffs' motion. The Court will also deny in part Defendant/CounterClaimant's motion." (page 1) Relief. The Court is unable to determine from the record what, if any, relief is available to Plaintiffs and Defendant. The parties are therefore directed to meet and discuss the settlement of the remaining claims in consideration of the Court's conclusions with respect to the parties' contractual obligations. The parties shall jointly file a report (5 pages or less) within 30 days of the date of this order, which shall contain the following information in separately numbered paragraphs: 1. The status of the discussions, including whether the remaining claims have been settled; and 2. If a settlement has not been reached: a. A short description of the legal and/or factual issues precluding an amicable settlement from being achieved; b. A statement regarding whether a hearing or further, limited briefing would aid the Court and parties in resolving this case.

B.

C.
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It is the responsibility of the parties to cooperatively participate in settlement efforts and in preparing a joint status report for the court. (pages 10, 11) The Court directs the parties to engage in settlement discussions and to file a joint status report as set forth by this order. (page 11)

3.

Although the Court has set forth its procedure for the parties to identify

and report back to the Court as to what are the remaining issues, the parties will not know until they meet and prepare the required joint report whether they agree as to what are the remaining unresolved issues and claims.

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4.

The requested extension may enable the parties to avoid filing any

motions for reconsideration or clarification of the court's order, depending upon the extent to which the parties are able to reach agreement as to the identification of the remaining issues and claims. 5. For these reasons, the parties jointly request that the Court grant the

proposed extension of time by the entry of an Order in substantially the form submitted herewith. RESPECTFULLY SUBMITTED this 26th day of June, 2006. RUBIN FIORELLA & FRIEDMAN, LLP Bruce Friedman, Esq.. 292 Madison Avenue, 11th Floor New York, NY. 10017 And MARISCAL, WEEKS, McINTYRE & FRIEDLANDER, P.A.

By: ___s/Gerald Gaffaney________________ Gerald Gaffaney, Esq. David J. Ouimette, Esq. 2901 North Central Avenue, Suite 200 Phoenix, AZ 85012 Attorneys for Plaintiffs WALTON LANTAFF SCHROEDER & CARSON LLP Wayne Gill, Esq. Southtrust Center 1700 Palm Beach Lakes Boulevard, 7th Floor West Palm Beach, Florida 33401 and

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KUNZ, PLITT, HYLAND, DEMLONG & KLEIFIED, P.C.

By: ___s/Daniel Maldonado_____________ Steven Plitt, Esq. Daniel Maldonado, Esq. 3838 N. Central Avenue, Suite 1500 Phoenix, AZ 85012 Attorneys for Defendants ORIGINAL electronically filed with the USDC Court this 26th day June, 2006; and A copy delivered to Judge Campbell; ... and a COPY of the foregoing electronically served and mailed this 26th day of June, 2006 to: Gerald Gaffaney, Esq. David J. Ouimette, Esq. MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A. 2901 North Central, Suite 200 Phoenix, AZ 85012 Attorneys for Plaintiff Bruce Friedman, Esq. Mark S. Fragner, Esq. RUBIN, FIORELLA & FRIEDMAN, LLP 292 Madison Avenue, 11th Floor New York, NY 10017 Attorneys for Plaintiff

____s/Adriana Garcia_______________

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