Free Motion to Continue - 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

GREG HANCOCK, an individual; RICK HANCOCK, an individual; and 12 RICK HANCOCK HOMES, L.L.C., an Arizona Corporation,
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DEFENDANT GREG HANCOCK'S MOTION TO CONTINUE DATES FOR FINAL PRETRIAL CONFERENCE AND TRIAL

Defendants.
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Defendant Greg Hancock, by and through undersigned counsel, hereby moves the
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Court for its Order continuing the dates for the Final Pretrial Conference and the trial herein,
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now scheduled for October 3, 2008, and October 7, 2008, respectively. Said motion is made
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in the interests of justice and is based upon a conflict between trials to which undersigned
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counsel is assigned and a prepaid commitment on the part of defendant Greg Hancock. Said
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motion is also supported by the attached Memorandum/Declaration of Robert M. Frisbee.
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RESPECTFULLY SUBMITTED this 13th day of May, 2008.
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FRISBEE & BOSTOCK, PLC
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/s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

Case 2:04-cv-00384-ROS

Document 556

Filed 05/13/2008

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MEMORANDUM/DECLARATION IN SUPPORT OF MOTION Robert M. Frisbee, attorney for defendant Greg Hancock herein, hereby declares, under penalty of perjury, that the statements of fact to follow are true and correct: 1. By its Orders dated May 5, 2008, this Court vacated May dates for the final pretrial conference and trial herein and re-set them to October 3 and 7, 2008, respectively. 2. On the afternoon of May 5, 2008, undersigned counsel informed counsel for Meritage of the conflicts as follows: "Gentlemen: Both me and my client have monster conflicts on the new October date. Do either of you? I have to make a motion, so if you are in the same positions maybe we can make it jointly." 3. The conflicts to which counsel had reference are as follows: a. His March 6, 2008, assignment to trial on October 14, 2008, on the case of Behr v. Redmond, Riverside County (California) Superior Court Case No. INC 052881 (Judge Randall White, Dept. 2J). This is one of the older cases in that jurisdiction, trial has been continued three times, and counsel were informed that no further continuances would be granted. b. On November 12, 2007, at a charity function conducted by Homeless Helpers, Inc., d.b.a. Helping Hands Housing Services, Greg Hancock purchased from its silent auction a Kapalua vacation for $10,000, and on January 15, 2008, purchased airfare on US Airways for $1,933.58. The dates scheduled are October 4, 2008, through October 11, 2008, and cancellation would involve substantial financial sacrifice on the part of Mr. Hancock. 4. In response, Grant Woods said that the October date was his only availability and that "any dates post-November might be impossible depending upon what happens in the election. It would be fundamentally unfair to Meritage to delay the trial again (past October) when that could deprive the company of my participation in the trial." 5. Counsel responded to Mr. Woods that "It's equally fundamentally unfair to me and
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my client to be held hostage to your political agenda." Mr. Woods responded by saying "Bring on the motion." 6. On information and belief, counsel believes that if Senator McCain wins the election, Mr. Woods either has been promised appointment as Senator from Arizona for the duration of Mr. McCain's term, or a prominent place in the Department of Justice which would require Mr. Woods' presence on Senator McCain's transition team. 7. Mr. Woods' position is unsound in that it is possible that the case could again be continued because of conflicts with the Court's criminal calendar or any number of other contingencies involving illness of parties, counsel or witnesses, and so forth. In addition, Senator McCain might not win the election. 8. Motions for continuance are within the discretion of the trial court and are to be determined on a case by case basis. U.S. v. Flynt, 756 F.2d 1352 (9th Cir. 1985); Mantel v . County of Los Angeles, 56 F.3d 993 (9th Cir. 1995). 9. Undersigned counsel has no conflicting trial dates or other commitments which cannot be rescheduled subsequent to November, 2008. 10. On the morning of May 13, 2008, undersigned counsel advised the Court's judicial assistant of the foregoing conflicts and was advised to bring this motion. 11. Undersigned counsel and his client respectfully request that the Court exercise its discretion in favor of continuance of the presently scheduled October dates. DATED this 13th day of May, 2008. /s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

The foregoing Motion to Continue Dates for Final Pretrial Conference and 24 Trial was electronically filed and served this 13th day of May, 2008, with copy 25 thereof mailed to the Honorable Judge Silver.
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/s/ Robert M. Frisbee
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