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

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Laura Zeman (#014713) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KENT DYER and SUSAN DYER, husband and wife, Plaintiffs, vs. JASON NAPIER and DANIELLE NAPIER, husband and wife; NAPIER SCULPTURE GALLERY, INC., a Washington corporation, Defendants.

No. CV04-0408 PHX SMM MOTION FOR EXTENSION OF TIME TO FILE ALL REMAINING MOTIONS FOR SUMMARY JUDGMENT

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Snell & Wilmer L.L.P.

Defendants hereby request that the time prescribed to file dispositive motions set out in the Court's August 5, 2005 Order Regarding Modification of Scheduling Order be extended to October 7, 2005 for both Plaintiffs and Defendants. The Court's August 5, 2005 Modified Scheduling Order set forth September 23, 2005 as the date on which all dispositive motions should be filed. Fed. R. Civ. P. 6(b) enables the Court to enlarge the time period previously ordered by the Court for filing all motions for summary judgment.1 Final depositions for this case were conducted on Fed. R. Civ. P. 6(b) specifically states: "Enlargement. When by these rules or by notice given thereunder or by order of court an act as required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them."
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Case 2:04-cv-00408-SMM

1Document- 53

Filed 09/23/2005

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

September 1, 2005. One of those depositions was the deposition of Mr. Troy Hyde, owner of Animals of Montana, Inc., an entity which was engaged to assist Plaintiff in taking the copyrighted photograph at issue in this case. In his deposition, Mr. Hyde was questioned regarding the actions that were taken to create Plaintiff's copyrighted photograph. Defendants intend to use and cite to Mr. Hyde's answers in a Motion for Summary Judgment. Mr. Hyde's deposition transcript, as well as the deposition

transcripts of two other witnesses, are not yet available. Defendant's request for an extension of time up to and including October 7, 2005 to file all motions for summary judgment in the present case would ensure that all deposition transcripts are available for the filing of any such motions. Further,

Defendants' request for such an extension would not prejudice Plaintiffs in any way in that a final pretrial conference cannot be scheduled2 until the Court has ruled on Defendants' pending Motion for Partial Summary Judgment3. Moreover, allowing the parties this reasonably short extension of time to file all remaining motions for summary judgment may save the parties the time and expense of going to trial and at a minimum may at least narrow the issues remaining for trial. For the foregoing reasons, Defendants respectfully request an extension of time up to and including October 7, 2005 for both Plaintiffs and Defendants to file all remaining motions for summary judgment. DATED this 23rd day of September, 2005. SNELL & WILMER L.L.P. By /s Laura J. Zeman Laura J. Zeman One Arizona Center 400 East Van Buren Street Phoenix, Arizona 85004-2202 Attorneys for Defendants
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Snell & Wilmer L.L.P.

See Court's Order dated August 5, 2005. Defendants' pending Motion for Partial Summary Judgment on the issues of statutory damages and attorney's fees was filed July 26, 2005 and briefing on these issues was recently completed.
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Document 53- 2 -Filed 09/23/2005

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CERTIFICATE OF SERVICE I hereby certify that on September 23, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System of filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Christopher D. Lonn, Esq. [email protected] Michelle Justine Perkins [email protected] s/Laura Zeman _

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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1730343

Snell & Wilmer L.L.P.

Case 2:04-cv-00408-SMM

Document 53- 3 -Filed 09/23/2005

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