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

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Eric G. Slepian Bar # 017495 SLEPIAN LAW OFFICE 3737 N. 7th Street, Ste. 106 Phoenix, Arizona 85014 Telephone (602) 266-3111 Attorney for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Angela Jolicoeur, Plaintiff, vs. Midland Credit Management Long Term Disability Plan; UnumProvident a/k/a UNUM Life Insurance Company of America, Defendants. NO. CIV-04-0499-PHX-SRB MOTION TO EXTEND DEADLINES

On April 3, 2007 this Court issued a Rule 16 Scheduling Order setting deadlines for the filing of a joint administrative record; the completion of discovery; and the filing of discovery motions. Currently, there is no agreement on the administrative record and discovery. The attorneys are attempting to avoid the filing of separate administrative

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records as the filing would be voluminous and duplicative. Instead, the attorneys for Plaintiff and Defendant UNUM have agreed to meet so that they can prepare two separate submissions, one being the documents the attorneys agree are part of the record, and the other being the disputed documents. At the time of the meeting, the attorneys will discuss whether other discovery is appropriate based on current Court

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holdings (e.g., Abatie v. Alta Health and Life Insurance Company, 458 F.3d 955 (9th Cir.

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2006)). Counsel for Plaintiff also represents that the parties have been discussing settlement options, but no agreement has been reached. In order to facilitate the narrowing of the issues and a minimization of the number of documents to be filed with the Court in order to determine the extent of the administrative record, Plaintiff is seeking a two week continuance of the deadlines set forth in the Rule 16 Scheduling Order. Counsel for Defendant UNUM joins in the request for a continuance. Respectfully submitted this 30th day of July, 2007.

_s/Eric G. Slepian____________ ERIC G. SLEPIAN

CERTIFICATE OF SERVICE

I hereby certify that on July 30, 2007, 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: Steve Bressler, Esq. Lewis & Roca 40 North Central Avenue Phoenix, AZ 85004-4429

s/ Genesia Conover SLEPIAN LAW OFFICE

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