Free Other Notice - 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. NOTICE OF SUPPLEMENTAL INFORMATION WITH RESPECT TO CAUSE IN SUPPORT OF STIPULATED MOTION FOR CONTINUANCE

Plaintiff Meritage Homes Corporation provides Notice of Supplemental Information with respect to cause in support of the Stipulated Motion for Continuance of the trial. Plaintiff's first two witnesses have prearranged and scheduled vacations and cannot be called accordingly as planned for months and moved to accommodate earlier trial dates in this matter. One of the witnesses travel plans are to Italy with his extended family and in-laws. The other witness with pre-arranged travel plans is a third party witness, whose plans include an out of state trip with his extended family. The current
8950056.1

Case 2:04-cv-00384-ROS

Document 588

Filed 07/17/2008

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

trial date will substantially prejudice Plaintiff in the way it has planned to present its case to the jury. Both witnesses are necessary for the coherent, complete and orderly

presentation of evidence to the jury. Secondly, the Plaintiff's lead trial counsel has a political engagement during the Republican National Convention scheduled during the week after Labor Day, September 1st. This is a unique situation that cannot be replicated at a different time. As such, Plaintiff respectfully requests that the Court find due cause in the parties' Stipulated Motion to Continue the trial to September 9, 2008. DATED this 17th day of July, 2008. SNELL & WILMER L.L.P.

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8950056.1

Snell & Wilmer L.L.P.

By s/ Richard G. Erickson 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

Case 2:04-cv-00384-ROS

Document 588- 2 - Filed 07/17/2008

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

CERTIFICATE OF SERVICE I hereby certify that on July 17, 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 the following CM/ECF registrants: Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorneys for Greg Hancock

/s/ Deborah Yanazzo

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8950056.1

Snell & Wilmer L.L.P.

Case 2:04-cv-00384-ROS

Document 588- 3 - Filed 07/17/2008

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