Free Motion for Leave to File - District Court of Arizona - Arizona

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FENNEMORE CRAIG, P.C. Jordan Green (No. 001860) Lawrence Palles (No. 020263) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Attorneys for Defendants Avnet, Inc., Roy Vallee, and Allen Maag UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN, doing business as Coogan Photographic, Plaintiff, No. CV2004-0621 PHX SRB

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v.
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AVNET, INC., a foreign corporation, ROY VALLEE and JANE DOE VALLEE, husband and wife; and ALLEN MAAG and JANE DOE MAAG, husband and wife, Defendants.

DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT AFTER DISPOSITIVE MOTION DEADLINE

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FENNEMORE CRAIG P ROFESSIONAL C ORPORATION PHOENIX

Defendants move for leave of Court to file their Motion for Summary Judgment on Plaintiff's Claim for Recovery of Avnet's Profits after the dispositive motion deadline. The deadline for the parties to file dispositive motions was February 28, 2006. See December 20, 2005 Order. On February 13, 2006, the Court granted a 30-day extension of the discovery deadline to permit Defendants to depose Plaintiff and his experts. See February 13, 2006 Order. Defendants deposed Plaintiff on March 6, 2006, and his expert, Richard Weisgrau, on March 8, 2006. Defendants received the transcript from Mr.

Weisgrau's deposition on March 27, 2006. Defendants declined to depose Jeff Sedlik, another of Plaintiff's experts, because his report contained no opinion on damages.

Case 2:04-cv-00621-SRB

Document 187

Filed 04/10/2006

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FENNEMORE CRAIG P ROFESSIONAL C ORPORATION PHOENIX

Defendants could not prepare and file their Motion for Summary Judgment on Plaintiff's Claim for Recovery of Avnet's Profits until they deposed Mr. Weisgrau and received the transcript. Exhibits 1 and 2. Since the Court granted an extension of discovery for Defendants to depose Plaintiff and his experts, Defendants could not prepare and file their Motion until after completing discovery and Plaintiff will not be prejudiced by the filing of the Motion at this time, the Court should permit Defendants to file their Motion for Summary Judgment after the dispositive motion deadline. DATED this 10th day of April, 2006. FENNEMORE CRAIG, P.C. See Defendants' Motion and Statement of Facts, attached as

By s/ Jordan Green Jordan Green Lawrence Palles Attorneys for Defendants Avnet, Inc., Roy Vallee, and Allen Maag

Case 2:04-cv-00621-SRB

Document 187 2 Filed 04/10/2006

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CERTIFICATE OF SERVICE I hereby certify that on April 10, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jordan Meschkow, Esq. Meschkow & Gresham, P.L.C. 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014-5818

s/Jordan Green
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FENNEMORE CRAIG P ROFESSIONAL C ORPORATION PHOENIX

Case 2:04-cv-00621-SRB

Document 187 3 Filed 04/10/2006

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