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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 On May 23, 2006, the Court issued an Order permitting limited discovery on the issue 25 of personal jurisdiction of Defendants El Shaddai Ministries, Second Chance Ministries and 26 Michael Cambra, with said discovery to be completed within 30 days of the Order. (Doc. 27 120). On June 26, 2006, the Court issued an Order permitting an extension of this discovery 28
Case 2:04-cv-00595-MHM Document 135 Filed 08/23/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Estate of Joseph J. Studnek, by and) through its Personal Representative,) ) Joseph M. Studnek, ) ) Plaintiff, ) ) vs. ) ) Ambassador of Global Missions UN) ) Limited his Successors, et al., ) ) Defendants. _________________________________ ) ) Ambassador of Global Missions UN) ) Limited His Successors, ) ) Counterclaimant, ) ) vs. ) ) Estate of Joseph J. Studnek, ) ) Counterdefendant. ) )

No. CV-04-0595-PHX-MHM ORDER

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deadline to August 18, 2006. The Court also set a supplemental briefing schedule, that is, Plaintiff's supplemental response to Defendants' motion to dismiss shall be filed by August 31, 2006 and Defendants' amended reply, if necessary, shall be filed by September 8, 2006. (Doc. 133). The limited discovery concerned Plaintiff's document subpoena to Wells Fargo, N.A. On August 17, 2006, Plaintiff filed a motion seeking a two-week extension of the August 18, 2006 deadline to complete jurisdictional discovery (Doc. 134), stating that additional documents from Wells Fargo are anticipated by August 22, 2006. Plaintiff does not state in the motion for extension of time that defense counsel has been contacted regarding the motion. The Court will grant Plaintiff an extension of the discovery deadline up to and including August 28, 2006. No further extensions of the jurisdictional discovery deadline will be granted absent a showing of compelling good cause. No extensions of the supplemental briefing schedule will be permitted. Also pending in this case are the motions filed by Defendants Joel and Cindy David proceeding pro se to dismiss the second amended complaint based on lack of personal jurisdiction and failure to state a claim for relief. (Doc. 108 & 109). Plaintiff has filed a four-page response to each of these motions, stating in part that Plaintiff expects that the discovery extension granted by the Court will provide sufficient time to further demonstrate these Defendants' roles in the alleged fraud scheme. (Doc. 129 at p. 3; Doc. 130 at p. 3). Plaintiff shall be permitted to file supplemental responses to the motions to dismiss filed by Defendants Joel and Cindy David on or before September 5, 2006. Defendants Joel and Cindy David shall file any supplemental reply by September 18, 2006. Accordingly, IT IS ORDERED that Plaintiff's motion to extend the discovery deadline relevant to jurisdictional discovery (Doc. 134) is granted in part and denied in part. IT IS FURTHER ORDERED that jurisdictional discovery shall be completed by August 28, 2006. No further extensions of the jurisdictional discovery deadline will be

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granted absent a showing of compelling good cause. No extensions of the supplemental briefing schedule will be permitted. IT IS FURTHER ORDERED that Plaintiff may file supplemental responses to the motions to dismiss filed by Defendants Joel and Cindy David (Doc. 108 & 109) by September 5, 2006. Defendants Joel and Cindy David shall be permitted to file any supplemental reply by September 18, 2006. DATED this 22nd day of August, 2006.

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