Free Motion for Reconsideration - District Court of Arizona - Arizona

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Stephen Paul Forrest (No. 006341) HOLLOWAY ODEGARD FORREST KELLY & KASPAREK, P.C. 3101 N. Central Avenue, Suite 1200 Phoenix, Arizona 85012 Phone: (602) 240-6670 Facsimile: (602) 240-6677 Attorneys for Defendants Correctional Medical Services, Inc., a Missouri Corporation, Lorraine Lopez-Moreno, Trina Carrasco, and Jacqueline Cornwell

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Northland Insurance Company, a Minnesota Corporation, Plaintiff, vs. Correctional Medical Services, Inc., a Missouri Corporation, Dr. Antonio DiMaano, Dr. Reynaldo Figueroa, Nurse Lorraine Lopez-Moreno, Nurse Trina Carrasco, Nurse Jacqueline Cornwell, and ABC Insurance Company, Defendants. Defendants Correctional Medical Services, Inc. ("CMS"), Nurse Lorraine Lopez, Nurse Trina Carrasco, and Nurse Jacqueline Cornwell (collectively "the CMS Defendants") respectfully move this court to reconsider its previous ruling denying an extension of time for the CMS Defendants to file their motion for Summary Judgment. Reconsideration is requested and the short extension requested is warranted for the following reasons: 1. Shortly after this court rendered its Order dated October 19, 2005 DEFENDANTS CMS, LOPEZ, CARRASCO, AND CORNWELL'S MOTION FOR RECONSIDERATION REGARDING FILING MOTION FOR SUMMARY JUDGMENT (Oral Argument Requested)

No. CV 2004 0347 PHX FJM

regarding Plaintiff Northland's and Defendants Dr. Antonio DiMaano and Dr. Reynaldo Figueroa's various Motions for Sanctions and Motion to Stay All
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Proceedings, the CMS Defendants, in keeping with the court's direction to cooperate with all counsel, sought a stipulation from both parties regarding a brief extension of time to file their Motion for Summary Judgment. This short extension was needed due to the press of counsel's schedule and the need to coordinate with his client regarding the subject motion in light of the ruling on the Motion to Stay and that the case should proceed. Neither counsel for Northland nor counsel for Defendants DiMaano and Figueroa responded to the CMS Defendant's request for stipulation. This resulted in counsel filing an abbreviated request to this court which was denied. 2. The CMS Defendants' Motion for Summary Judgment, presents

substantial and substantive arguments, well founded in law, for judgment in their favor on the majority of counts contained in Plaintiff Northland's complaint. If the CMS Defendants' Motion for Summary Judgment were heard and granted, it would substantially reduce, if not eliminate, the issues which may remain for jury trial presently scheduled for fifteen (15) days on March 14, 2006.1/ It would provide for judicial economy and reduce the number of witnesses (both in and out of state) which would need to be called. 3. The CMS Defendant's Motion for Summary Judgment involves

application of Arizona and/or Missouri Insurance Guaranty Fund laws and hearing the Motion would help the parties focus and define any remaining issues in advance of the Joint Proposed Pretrial Order due on February 24, 2006. 4. Neither Plaintiff Northland nor Defendants DiMaano and Figueroa

would be prejudiced by allowing the Motion for Summary Judgment to be filed. There

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The motion potentially resolves all of the claims associated with the Valdez claims wherein Northland seeks in excess of $5 million, leaving only the Perez claim.

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is sufficient time for the CMS's Defendant's Motion for Summary Judgment to be fully briefed by all parties prior to commencement of trial.2 For the foregoing reasons, the CMS Defendants respectfully request the court reconsider and allow the CMS Defendants' Motion for Summary Judgment to be heard. DATED this 31st day of October, 2005. HOLLOWAY ODEGARD FORREST KELLY & KASPAREK, P.C.

By /S/______________________________ Stephen Paul Forrest 3101 North Central, Suite 1200 Phoenix, Arizona 85012 Attorneys for Defendant Correctional Medical Services, Inc., Lorraine LopezMoreno, Trina Carrasco, and Jacqueline Cornwell

ORIGINAL of the foregoing filed this 31st day of October, 2005, with: The Clerk of Court United States District Court 401 W. Washington Phoenix, AZ 85003 COPY of the foregoing hand-delivered this 31st day of October, 2005, to:
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The CMS Defendants are aware that Plaintiff Northland and Defendants are drafting a Stipulation for Dismissal of Defendants DeMaano and Figueroa. Therefore, there may be fewer parties involving in the briefing and/or at trial.

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The Honorable Frederick J. Martone United States District Court Sandra Day O'Connor U.S. Courthouse 401 W. Washington Street Phoenix, Arizona 85003 COPYst the foregoing mailed of this 31 day of October, 2005, to: Karl M. Tilleman, Esq. Janice K. Crawford, Esq. Steptoe & Johnson, L.L.P. Collier Center 201 East Washington Street, Ste. 1600 Phoenix, Arizona 85004-2382 Attorneys for Plaintiff Northland Keith R. Ricker, Esq. Ricker and Bustamente, LLP. 4530 East Shea Blvd., Suite 150 Phoenix, AZ 85028 Attorneys for Defendants Antonio DiMaano and Reynaldo Figueroa

By _/S/_____________________

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