Free Motion to Strike - District Court of Arizona - Arizona

Robert M. Frisbee #018779 FRISBEE & BOSTOCK, PLC 2 1747 Morten Ave. E. Suite 108 Phoenix, Arizona 85020 3 Phone: (602) 354-3689 [email protected] 4 Attorneys for Defendant Greg Hancock
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MERITAGE CORPORATION, a Maryland corporation Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NO. CIV 04-0384-PHX-ROS MOTION TO STRIKE PLAINTIFF'S RESPONSE TO RULE 50 MOTION FOR DISMISSAL

GREG HANCOCK, an individual; RICK HANCOCK, an individual; and 12 RICK HANCOCK HOMES, L.L.C., an Arizona Corporation,
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Defendants.
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I. FACTS
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At the end of testimony on September 18, 2008, counsel for Greg Hancock inquired
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as to the whereabouts of Plaintiff's Response to Hancock's Motion for Dismissal, which
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attorney Goldfine had told the Court would be submitted that day. Answering the Court's
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inquiry, Goldfine indicated that it was not ready and wouldn't be submitted until Friday.
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The court asked if it would be by 9:00 AM. Goldfine said maybe a little later than that. The
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Court ordered Goldfine to have it filed no later than 9:00 AM. It was not filed until 9:27
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AM.
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II. CONCLUSION
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Meritage and Snell & Wilmer intentionally defied the Court's crystal-clear order.
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Evidently they do not believe that the Court means what it says. Nor, of course, do they
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Case 2:04-cv-00384-ROS

Document 615

Filed 09/19/2008

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have any regard whatever for defendant's time constraints. The Court should strike the Response and treat defendant's Rule 50 Motion as unopposed. RESPECTFULLY SUBMITTED this 19th day of September, 2008.

FRISBEE & BOSTOCK, PLC /s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock 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 11 transmittal of a Notice of Electronic Filing to all CM/ECF registrants.
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/s/ Robert M. Frisbee
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