Free Motion for Leave to File Excess Pages - 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) 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 Steve Hilton and John Landon 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 Steve Hilton and John Landon 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 THE REPLY IN Homes Construction, Inc., an Arizona corporation, SUPPORT OF THE MOTION TO and Meritage Homes of Arizona, Inc., an Arizona DISMISS RICK AND BRENDA corporation, HANCOCK'S COUNTER-CLAIMS AND THIRD-PARTY CLAIMS Plaintiffs, (Assigned to the v. Honorable Roslyn O. Silver) 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.

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Snell & Wilmer L.L.P.

Case 2:04-cv-00384-ROS

Document 406

Filed 11/10/2006

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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; 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 and third-party defendants move this Court for permission to file their Reply ("Reply") in Support of Their Motion to Dismiss Rick and Brenda Hancock's (the "Hancocks") Counter-Claims and Third-Party Claims, in a number of pages exceeding the presumptive limit of eleven (11) pages pursuant to LRCiv. 7.2(e). Under Rule 7.2(e), "[u]nless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed eleven (11) pages, exclusive of attachments." Plaintiffs and third-party defendants respectfully request leave to file their Reply in a length not exceeding 21 pages despite the rule's presumptive 11-page limit. This lawsuit has been ongoing for more than two years. Only after substantial written discovery was conducted and a multitude of witnesses deposed did the Hancocks file their prolix and often internally inconsistent sixteen-page counterclaim and third-party complaint, containing 142 paragraphs of allegations, nine separate causes of action, against 4 separate entities and 10 separate individuals (several of which are being added to the lawsuit for the first time), and including 4 separate exhibits incorporating two separate agreements and an employment policy.

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Snell & Wilmer L.L.P.

Case 2:04-cv-00384-ROS

Document 406- 2 - Filed 11/10/2006

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

As was evident in the Hancocks' 24-page Response to the Motion, all parties will require more than the presumptive number of pages provided by Rule 7.2(e) to fully and fairly argue the Motion. Plaintiffs and third-party defendants have done everything they can to present a succinct and clear Reply in light of the Hancocks' approach in the response. Accordingly, plaintiffs and third-party defendants respectfully request that the Court allow them to file their Reply in support of their Motion to Dismiss in a number of pages not to exceed 21 in length. DATED this 10th day of November, 2006. 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

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 November 10, 2006, 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. 1850 N. Central Avenue, Suite 1910 Phoenix, Arizona 85004 Attorneys for Defendant Rick Hancock

Case 2:04-cv-00384-ROS

Document 406- 3 - Filed 11/10/2006

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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/ Dan W. Goldfine 10
1914088

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

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Case 2:04-cv-00384-ROS Document 406- 4 - Filed 11/10/2006 Page 4 of 4

Snell & Wilmer L.L.P.