Free Response to Motion - 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

Dan W. Goldfine (#018788) Richard G. Erickson (#019066) SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Street Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Facsimile: (602) 382-6070 [email protected] [email protected] Attorneys for Plaintiffs and Grant Woods, Esq. (#006106) GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Telephone: (602) 258-2599 Facsimile: (602) 258-5070 [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants

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Snell & Wilmer L.L.P.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, et al., Case No. CV-04-0384-PHX-ROS Plaintiffs, v. Greg Hancock, et al., Defendants. (Assigned to the Honorable Roslyn O. Silver) PLAINTIFFS' RESPONSE TO DEFENDANT HANCOCK'S MOTION TO STRIKE PLAINTIFFS' RESPONSE TO RULE 50 MOTION FOR DISMISSAL OR DIRECTED VERDICT

Meritage responds to Defendant Hancock's Motion to Strike. The process for filing the Response to the Rule 50 Motion for Dismissal or Directed Verdict began before 9:00 a.m. See Declaration of Lindsey Perez attached hereto as Exhibit A.1 Compliance The reason that the filing was not earlier was due to a transcription error for Allison Sommerhalter's trial testimony. See Declaration of Lindsey Perez attached hereto as Exhibit A. It could not be located because it was inadvertently marked as Desiree Coates' testimony. See id.
Case 2:04-cv-00384-ROS Document 617 Filed 09/19/2008 Page 1 of 2
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

with the computer filing system took several minutes given the number of exhibits that had to be inputted and listed per the United States District of Arizona Electronic Case Filing Administrative Policies and Procedures Manual. See id. That filing was expedited without any delay and was completed before the time stamp put on by the District of Arizona. See id. It is worth noting that Defendant Hancock has not identified any prejudice from the computer filing delay. Defendant Hancock's counsel certainly had time to prepare his Motion to Strike. RESPECTFULLY SUBMITTED this 19th day of September, 2008. SNELL & WILMER L.L.P.

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9125239.1

Snell & Wilmer L.L.P.

By s/ Dan W. Goldfine Dan W. Goldfine Richard G. Erickson Snell & Wilmer, L.L.P. One Arizona Center 400 E. Van Buren Street Phoenix, Arizona 85004-2202 Attorneys for Meritage and

By s/ Grant Woods Grant Woods, Esq. GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Attorneys for Meritage CERTIFICATE OF SERVICE I hereby certify that on September 19th, 2008, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to all CM/ECF registrants.

Case 2:04-cv-00384-ROS

Document 617- 2 - Filed 09/19/2008

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