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

Robert M. Frisbee #018779 FRISBEE & BOSTOCK, PLC 2 1747 East Morten Avenue, Suite 108 Phoenix, Arizona 85020 3 Phone: (602) 354-3689 Fax: (602) 266-7744 4 [email protected] Attorneys for Greg and Linda Hancock
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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 d/b/a/ Meritage Homes Construction, Inc.; and Meritage Homes of Arizona, Inc., an Arizona Corporation, Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) Ricky Lee Hancock and Brenda ) Hancock, husband and wife; Gregory ) S. Hancock and Linda Hancock, ) husband and wife; Rick Hancock Homes ) LLC, an Arizona limited liability ) company; RLH Development, LLC, an ) Arizona limited liability company; and ) J2H2, LLC, an Arizona limited ) liability company, ) Defendants, ) and ) ) Greg Hancock, an individual, ) ) Defendant, Counter) Claimant and Third) Party Plaintiff, ) vs. ) ) Steven J. Hilton, an individual; John R. ) Landon, in individual; Larry W. Seay, ) an individual; and Snell & Wilmer, LLP, ) an Arizona professional ) corporation, ) Third-Party Defendants. ) )
Document 341

Case No. CV-04-0384-PHX-ROS

GREG HANCOCK'S MOTION FOR LEAVE TO FILE MOTION FOR RULE 54(b) JUDGMENT ON LESS THAN ALL CLAIMS

Case 2:04-cv-00384-ROS

Filed 09/05/2006

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Defendant Greg Hancock requests leave to file the attached Motion for Rule 54 (b) Judgment on Less Than All Claims. The Court's Order or June 6, 2006, stated that no motions were to be filed until discovery is closed, which is now on September 30, 2006. Defendant Greg Hancock desires to have judgments of dismissal of his Amended Counterclaims and Third-Party Complaint (Doc. #165) entered pursuant to the Court's Order of March 31, 2006 (Doc. #308) so that he can perfect an appeal of said judgments to the Ninth Circuit Court of Appeals. Accordingly, he requests leave to file the attached Motion. RESPECTFULLY SUBMITTED this 5thday of September, 2006.

/s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

The foregoing Request for Leave to file Motion for Rule 54(b) Judgment on Less Than All Claims was electronically filed 15 and served this 5th day of September, 2006, and copy thereof mailed to the Honorable Judge Silver.
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/s/ Robert M. Frisbee
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