Free Motion to Expedite - District Court of Arizona - Arizona

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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 (602) 640-9000 Attorneys for Defendant/Counterclaimant Global Missions, and Defendants El Shaddai Ministries, Second Chance Ministries, and Michael Cambra

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Estate of Joseph J. Studnek, Plaintiff, v. Ambassador of Global Missions UN Limited His Successors, et al., Defendants. Ambassador of Global Missions UN Limited His Successors, Counterclaimant, v. Estate of Joseph J. Studnek, Counterdefendant. Defendants El Shaddai Ministries, Second Chance Ministries and Michael Cambra requests that the Court consider on an expedited basis their Motion to Quash or for Protective Order re Document Subpoena to Wells Fargo, N.A. On April 24, 2006, undersigned counsel for El Shaddai, Second Chance and Mr. Cambra received in the mail the records deposition notice for Wells Fargo. The deposition is presently scheduled for May 3. Although the mailing certification stated that the deposition notice had been mailed to us on April 13, we believe that that
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No. CIV-04-595-PHX-MHM MOTION FOR EXPEDITED CONSIDERATION OF MOTION TO QUASH OR FOR PROTECTIVE ORDER RE DOCUMENT SUBPOENA TO WELLS FARGO, N.A.

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certification is incorrect.1 In light of the delay in receiving the notices, we requested that the plaintiff postpone the Wells Fargo deposition until the Court could rule on this motion. Plaintiff refused to do so. Accordingly, in light of the pending May 3 deposition, El Shaddai, Second Chance and Michael Cambra request that the Court hear their motion on an expedited basis. A proposed form of Order is attached as Ex. A. DATED this 1st day of May, 2006. OSBORN MALEDON, P.A.

By s/Debra A. Hill Debra A. Hill Ronda R. Fisk 2929 North Central, Suite 2100 Phoenix, Arizona 85012-2793 Attorneys for Defendants El Shaddai Ministries, Second Chance Ministries, and Michael Cambra CERTIFICATE OF SERVICE I hereby certify that on May 1, 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 I hereby certify that on May 1, 2006, I served the attached document by hand-delivery on the Honorable Mary H. Murguia, United States District Court,

The cover letter to the deposition notices also bore an incorrect date of April 27, 2006 and the deposition notices were not filed with the Court as required by the rules, so there is no way that we know of to determine when the notices were actually mailed. We think it highly unlikely, however, that it would take 11 days for the deposition notices to reach our offices if they had been mailed on April 13.
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Sandra Day O'Connor U.S. Courthouse, Suite 525, 401 West Washington Street, SPC 53, Phoenix, Arizona 85003-2154.

s/Karen L. McClain
1246506_1

Case 2:04-cv-00595-MHM

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