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 CAROL ANN WALLACE, Plaintiff, vs. NO. CV-04-0492-PHX-RCB PLAINTIFF'S MOTION TO EXTEND HER TIME TO FILE A REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR RECONSIDERATION

INTEL CORPORATION as Administrator; INTEL CORPORATION LONG TERM DISABILITY BENEFIT PLAN; and MATRIX ABSENCE MANAGEMENT, INC., Defendants.

Plaintiff, through her attorney undersigned, moves this Court for an Order granting Plaintiff a two-day extension of time to file her Reply to Defendant's Response to Plaintiff `s Motion for Reconsideration pursuant to the Local Rules of Civil Procedure, Rule 7.3.

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MEMORANDUM Plaintiff seeks a two-day continuance to file a Reply to Defendant's Response to Plaintiff's Motion for Reconsideration. On December 12, 2005 this Court granted Defendant's Cross-Motion for Summary Judgment and denied Plaintiff's Motion for Summary Judgment. On December 27, 2005 Plaintiff filed a Motion for Reconsideration.

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On August 23, 2006 this Court, based on a review of Plaintiff's Motion for Reconsideration and the recent Ninth Circuit decision in the case of Abatie v. Alta Health
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& Life Insurance Co., 03-55601 (9th Cir. 2006), Ordered Defendants to submit a Response to Plaintiff's the Motion for Reconsideration. Defendants served their Response on September 5, 2006. Plaintiff, through her attorney undersigned, now moves this Court for an Order granting Plaintiff a two-day extension of the time to file a Reply to Defendants' Response to Plaintiff's Motion for Reconsideration. Plaintiff's attorney seeks this continuance based on an increased workload caused by the need to decrease work hours resulting from a recent family medical emergency. Specifically, counsel missed time from work to attend and provide support to his 12 year old niece who, following emergency surgery, was in the pediatric ICU for 10 days. Counsel's niece was released from the two-week hospital stay on August 25, 2006 and, thereafter, lived with counsel and his family until

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September 8, 2006. During this period of time, Plaintiff's counsel helped with the care of his niece and he is now catching up on his workload. Therefore, counsel respectfully requests that he be allowed to file a Reply to Defendant's Response to Plaintiff's Motion for Reconsideration on or before September 14, 2006.

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Respectfully submitted this 12th day of September, 2006.

_s/Eric G. Slepian___________ ERIC G. SLEPIAN Attorney for Plaintiff

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CERTIFICATE OF SERVICE
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I hereby certify that on September 12, 2006, I electronically transmitted the
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attached document to the Clerk's Office using the CM/ECF System for filing and
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transmittal of a Notice of Electronic Filing to the following CM/ECF Registrants:
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Joseph E. Lambert, Esq. 1930 S. Alma School Road, Ste. A-115 Mesa, AZ 85210

s/ Genesia Conover SLEPIAN LAW OFFICE

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