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 Southtrust Center 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) KUNZ PLITT HYLAND DEMLONG & KLEIFIELD 3838 North Central Avenue, Suite 1500 Phoenix, Arizona 85012-1092 Telephone: (602) 331-4600 Facsimile: (602) 331-8600 [email protected]; [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA U-Haul International, Inc.; U-Haul CASE NO.: CIV-04-0662-PHX-DGC Company Of Pennsylvania; U-Haul Company Of Florida; and Republic (Maricopa County Superior Court Western Insurance Company, Cause No. CV 2004-002438) Plaintiffs, vs. Lumbermens Mutual Casualty Company, Defendants. __________________________________ LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant/Counter-Plaintiff, v. (EXPEDITED RULING REQUESTED) JOINT MOTION AND STIPULATION TO EXTEND TIME FOR PARTIES TO FILE THEIR RESPONSE TO OPPOSING PARTY'S MOTION FOR SUMMARY JUDGMENT

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Case 2:04-cv-00662-DGC

Document 113

Filed 10/26/2005

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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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The parties, by and through counsel undersigned, hereby stipulate and move for an Order extending the time for each party to file their Response in opposition to the motion for summary judgment filed by the opposing party. The parties each filed

separate motions for summary judgment on September 30, 2005 and according to the local rules, each party must file a Response by Monday, October 31, 2005. An

extension is requested because lead counsel for Lumbermens Mutual Casualty Company ("LMC"), Wayne Gill, is located in Palm Beach County, Florida. Mr. Gill's office drafted LMC's motion for summary judgment and has been drafting LMC's Response to U-Haul's motion for summary judgment. However, as a result of Hurricane Wilma,

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most of the South Florida region is without electrical power. The electrical power in Palm Beach County is down and all three of Mr. Gill's offices are closed. Mr. Gill is unable to access his office and finalize LMC's Response because his offices have been closed all week. According to local reports, electrical power will be restored to 50% of Palm Beach County sometime around November 7, 2005 and the remaining part of the county's electrical power will be restored sometime around November 15, 2005. In addition, Mr. Gill's first vacation for the year was scheduled for the week of November 7, 2005, which is a prepaid, out-of-state vacation, including airfare and hotel. The parties are respectfully requesting that this Court extend the time for each party to file its respective Response up to and including Monday, November 21, 2005. A mutual

extension is requested because if U-Haul is not given additional time to file its Response, according to the local rules, Mr. Gill's office must file a Reply during the timeframe when electrical power in Palm Beach County is still not restored and/or he is on vacation. A mutual extension will simplify the process. Based upon the foregoing, the parties request that this Honorable Court enter an order extending the time for each party to file its respective Response to the motion for summary judgment up to and including Monday, November 21, 2005. DATED this 26th day of October, 2005. RUBIN, FIORELLA & FRIEDMAN LLP and MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A. s/Mark Fragner (authorized) By:____________________________ Mark Fragner Gerald Gaffaney David J. Ouimette Attorneys for Plaintiffs/Counterclaim Defendants
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WALTON LANTAFF SCHROEDER & CARSON LLP and KUNZ PLITT HYLAND DEMLONG & KLEIFIELD s/Daniel Maldonado By:______________________________ Steven Pitt Daniel Maldonado Attorneys for Defendant/Counterclaimant Electronically Filed with the Court and a courtesy copy sent this 26th day of October, 2005 to: The Honorable David G. Campbell UNITED STATES DISTRICT COURT Sandra Day O'Connor Courthouse 401 West Washington Street, Suite 130 Phoenix, Arizona 85003-2158 ... and a COPY of the electronically served and/or mailed this 26th day of October, 2005 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 Joye Gilsinger ________________________________
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