Free Motion for Leave to File Excess Pages - District Court of Arizona - Arizona

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Dan W. Goldfine (#018788) Adam Lang (#022545) 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 Counterdefendants and Third Party Defendants and

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

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Snell & Wilmer L.L.P.

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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Case No. CV-04-0384-PHX-ROS Hancock-MTH Builders, Inc., an Arizona corporation, Hancock-MTH Communities, Inc., an MOTION TO EXCEED PAGE Arizona corporation, and currently d/b/a Meritage LIMITS IN PLAINTIFFS' Homes Construction, Inc., an Arizona corporation, RESPONSE IN OPPOSITION TO and Meritage Homes of Arizona, Inc., an Arizona DEFENDANTS RICK AND corporation, BRENDA HANCOCK, RICK HANCOCK HOMES, INC., AND Plaintiffs, RLH DEVELOPMENT, INC.'S RENEWED MOTION FOR v. SUMMARY JUDGMENT Ricky Lee Hancock and Brenda Hancock, husband and wife; Gregory S. Hancock and Linda Hancock, husband and wife, Rick Hancock Homes L.L.C., an Arizona limited liability company; RLH Development, L.L.C., an Arizona limited liability company; and J2H2, L.L.C., an Arizona limited liability company, Defendants.

Case 2:04-cv-00384-ROS

Document 432

Filed 02/23/2007

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

Rick and Brenda Hancock, Defendants, Counter-Claimants, and Third Party Plaintiffs, v. Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Hancock-MTH Builders, Inc., an Arizona Corporation, Hancock-MTH Communities, Inc., an Arizona Corporation, an Arizona Corporation; and currently d/b/a Meritage Homes Construction, Inc., an Arizona Corporation, and Meritage Homes of Arizona, Inc., an Arizona Corporation; Steven J. Hilton and Suzanne Hilton, husband and wife; John R. Landon and Debi Landon, husband and wife; Scott Keeffe and Vicky Keeffe, husband and wife; Roger Zetah and Jane Doe Zetah, husband and wife; and James Arneson and Zane Arneson, husband and wife, Third Party Defendants. Plaintiffs respectfully ask this Court for permission to file Plaintiffs' Response in Opposition to Defendants Rick and Brenda Hancock, Rick Hancock Homes, Inc., and RLH Development, Inc.'s Renewed Motion for Summary Judgment ("Motion") in a number of pages exceeding the presumptive limit of seventeen (17) pages pursuant to LRCiv. 7.2(e).1 Under Rule 7.2(e), "[u]nless otherwise permitted by the Court . . . the response including its supporting memorandum . . . shall not exceed seventeen (17) pages, exclusive of attachments and any required statement of facts." Plaintiffs respectfully request leave to file the Response in a length not exceeding 25 pages despite the rule's presumptive 17-page limit. Defendants made, by the undersigned counsel's count, 38 separate substantive arguments for summary judgment. While belying the weaknesses in Defendants' Motion, each argument necessitated a response. Moreover, substantial discovery has been taken in this matter ­ more than 30,000 documents have been produced, at least 33 depositions have been conducted, and dozens
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Snell & Wilmer L.L.P.

Although the Court's February 6, 2007 Amended Rule Scheduling Order is silent on the number of pages a party may file in response to a summary judgment motion, it does set the presumptive limit on original motions to seventeen (17) pages.
Document 432- 2 - Filed 02/23/2007 Page 2 of 4

Case 2:04-cv-00384-ROS

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

of declarations have been prepared in this lawsuit. Arising from this discovery is a multitude of facts. For example, although not even the universe of material facts in this lawsuit, the Motion is purportedly supported by 104 separate statements of facts, while Plaintiffs' responsive memorandum to the Motion is supported by 100 paragraphs of statement of facts (in addition to the 104 paragraphs of objections). Accordingly, there are many "facts" to oppose, respond, and controvert. This does not even take into account the complex issues surrounding unfair competition, usurpation of corporation opportunities, and the other areas of the law that are discussed in the Motion and require a thorough response from Plaintiffs. Further, the general approach that defendant Rick Hancock takes forces Plaintiffs' hands. The Motion consists of paragraphs upon paragraphs of misstatements of law and the factual record, out-of-context or misquoted testimony, and unsupported assertions. Accordingly, Plaintiffs, in order to fully and thoroughly respond to Rick Hancock's assertions in the Motion, will require more than the presumptive number of pages provided by Rule 7.2(e). Plaintiffs have done everything they can to present a succinct and clear Response in light of the approach taken in the Motion. Therefore, Plaintiffs respectfully request that the Court allow them to file their Response in opposition to the Motion in a number of pages not to exceed 25 in length. DATED this 23rd day of February, 2007. SNELL & WILMER L.L.P.

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Snell & Wilmer L.L.P.

By s/ Dan W. Goldfine Dan W. Goldfine Adam Lang One Arizona Center Phoenix, AZ 85004-2202 Attorneys for Plaintiffs and Third Party Defendants and

Case 2:04-cv-00384-ROS

Document 432- 3 - Filed 02/23/2007

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

By s/ Grant Woods Grant Woods GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, AZ 85006 Attorneys for Plaintiffs and Third Party Defendants CERTIFICATE OF SERVICE I hereby certify that on February 23, 2007, 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: Ivan K. Mathew Mathew & Mathew, P.C. 3300 North Central Avenue, Suite 1730 Phoenix, Arizona 85012 Attorneys for Defendants Rick Hancock, Brenda Hancock, Rick Hancock Homes, L.L.C., and RLH Development, L.L.C. Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorneys for Defendant Greg Hancock Kenneth J. Sherk Timothy J. Burke Fennemore Craig, P.C. 3003 N. Central Ave. Suite 2600 Phoenix, AZ 85012-2913 Attorneys for Defendant Snell & Wilmer, L.L.P. in State Court Action s/ Becky Kinningham
1956615.1

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Snell & Wilmer L.L.P.

Case 2:04-cv-00384-ROS

Document 432- 4 - Filed 02/23/2007

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