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

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The Phoenix Plaza 21 st Floor 2929 North Central Avenue Phoenix, Arizona 85012-2793 P.O. Box 36379 Phoenix, Arizona 85067-6379 Telephone Facsimile 602.640.9000 602.640.9050

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Debra A. Hill, 012186 Ronda R. Fisk, 022100 OSBORN MALEDON, P.A. 2929 North Central Avenue, Suite 2100 Phoenix, Arizona 85012-2793 [email protected] [email protected] Attorneys for Defendant Global Missions

IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK, Plaintiff/Counterdefendants v. AMBASSADOR OF GLOBAL MISSIONS UN LIMITED HIS SUCCESSORS, A CORPORATION SOLE, a Nevada corporation sole; EL SHADDAI MINISTRIES AND HIS SUCCESSORS, A CORPORATION SOLE, a Nevada Corporation; SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES, a California corporation; BISHOP OF FAITH VISION NOBLE HOUSE AND HIS SUCCESSORS, A CORPORATION SOLE, a California corporation; JOSEPH L. WILLIAMS and MONICA C. CISNEROS, as husband and wife; WILLIAM JOE LITTLE, MICHAEL CAMBRA and GLORIA CAMBRA, as husband and wife; JOEL DAVID and CINDY DAVID, as husband and wife; KEITH AARON VANN and TRISHA VANN, as husdand and wife, Defendants/Counterclaimants.

No. CIV-04-595-PHX-MHM

GLOBAL MISSIONS' MOTION TO EXTEND DEADLINES FOR DISCOVERY AND DISPOSITIVE MOTIONS

Case 2:04-cv-00595-MHM

Document 121

Filed 05/31/2006

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Defendant Ambassador of Global Missions UN Limited, a Corporation Sole ("Global Missions") hereby moves the Court to amend the Court's Order dated April 20, 2006, and set new dates for completion of discovery and dispositive motions. Per the Court's Order, all discovery must be completed by June 1, 2006, and all dispositive motions must be filed by July 14, 2006. The Court's Order also noted that the parties may request another extension of these deadlines upon a showing of good cause or the parties may request that another Rule 16 Scheduling Conference be held as appropriate after all Defendants have been served or dismissed and the Court has ruled on all motions to dismiss the Second Amended Complaint.1 Defendant Global Missions believes that good cause exists to amend these dates given that there are multiple motions to dismiss pending and the Court has granted Plaintiff one month to conduct limited discovery to establish jurisdiction. Global Missions anticipates that there will be no ruling on the motions to dismiss until the end of June, at the earliest. We also anticipate that the discovery (including depositions and discovery requests) will take approximately four months to complete after the Court rules on the motions to dismiss.2 Therefore, Defendant requests that the discovery deadline be extended until October 31, 2006 and the dispositive motion deadline be extended until December 11, 2006.

At the May 11 hearing, the Court ordered Plaintiff to file a status report concerning the status of service on all the Defendants. Although it has been three weeks since the hearing, Plaintiff has not yet filed the status required report.
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Case 2:04-cv-00595-MHM

Even though there is a June 1 discovery deadline, Plaintiff has conducted virtually no discovery other than the document requests Plaintiff served on Wells Fargo Bank and First American Title several weeks ago. This case has now been pending for almost two years. We do not understand why Plaintiff has failed to pursue this case and has done virtually nothing in terms of discovery. Although Mr. Geigle advised Ms. Hill at the last oral argument that Plaintiff intended to ask that the discovery period be extended, Plaintiff has again done nothing. Ms. Hill attempted to contact Mr. Geigle twice to see if Plaintiff would stipulate to this proposed motion, but Mr. Geigle never returned Ms. Hill's calls. 1270846 -2Document 121 Filed 05/31/2006 Page 2 of 3

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Alternatively, Global Missions requests that once the Court vacate all existing deadlines and hold another Rule 16 Scheduling Conference once the Court has ruled on all motions to dismiss, at which time deadlines for discovery and dispositive motions can be set. DATED this 31st day of May, 2006. OSBORN MALEDON, P.A.

By s/ Ronda R. Fisk Debra A. Hill Ronda R. Fisk 2929 North Central Ave., Suite 2100 Phoenix, Arizona 85012-2793 Attorneys for Defendant Global Missions I hereby certify that on May 31, 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: Bradley D. Weech Jeremy S. Geigle Jackson White 40 N. Center Street, Suite 200 Mesa, AZ 85201 Attorneys for Plaintiff/Counterdefendant [email protected] [email protected] I hereby certify that on May 31, 2006, I served the attached document by firstclass mail on the following, who are not registered participants of the CM/ECF System: Joseph L. Williams 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580

s/ Lindsay B. Jensen -31270846

Case 2:04-cv-00595-MHM

Document 121

Filed 05/31/2006

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