Free Motion for Extension of Time - District Court of Arizona - Arizona

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Sean D. Garrison (#014436) Emily Bayton (#022089) LEWIS AND ROCA LLP 40 N. Central Avenue Phoenix, Arizona 85004-4429 Telephone (602) 239-7434 Facsimile (602) 734-3939 Email: [email protected] Attorneys for Defendant Associated Leisure Products, Inc. dba Aqua EZ

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Great American Duck Races, Inc. dba Great American Merchandising & Events, an Arizona corporation, Plaintiff, vs. Associated Leisure Products, Inc. dba Aqua EZ, a Georgia corporation, Defendant. And related counterclaim Defendant, Associated Leisure Products, Inc. dba Aqua EZ moves for an extension of the discovery deadline in order to complete its discovery upon Plaintiff Great American Duck Races, Inc.'s, dba Great American Merchandising & Events ("GAME"). Counsel for GAME has consented to an extension of up to 90 days as set forth in the e-mail correspondence attached as Exhibit A. The reason that Defendant requests this extension is that GAME has not responded to Defendant's written discovery requests or produced requested documents. Defendant needs the additional time to obtain GAME's discovery responses, including, if necessary,

NO. CIV 04 317 PHX JWS

CONSENTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE (Second Request) (Assigned to the Honorable John W. Sedwick)

Case 2:04-cv-00317-JWS

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by motion to compel, and to complete a 30(b)(6) deposition of GAME. GAME previously requested, and Aqua EZ consented to, an extension of time until September 21, 2005 to respond to Aqua EZ's discovery requests. In connection with that stipulation, GAME filed a motion to extend the discovery deadline to October 26, 2005 to which Aqua EZ consented. The Court approved the extension on August 23, 2005. In light of GAME's requested extension of time to respond to Aqua EZ's discovery requests, the parties also agreed to reschedule the previously noticed Rule 30(b)(6) deposition of GAME for some after GAME had supplied its discovery responses as described in the e-mail message attached as Exhibit B. To date, GAME has not responded to the propounded Interrogatories or produced documents responsive to Aqua EZ's requests. Counsel for GAME has indicated to

undersigned counsel that he has had difficulty in communicating with GAME and may need to withdraw from the representation. He also requests additional time to respond to the discovery requests. See Exhibit A. Accordingly, Aqua EZ requests additional time for the completion of discovery to either work out these issues with GAME's counsel, or, if necessary, move to compel discovery responses. For these reasons, Aqua EZ moves the Court to extend the discovery completion deadline to December 23, 2005 and the deadline for filing dispositive and in limine motions to January 27, 2006. DATED this 25h day of October, 2005. LEWIS AND ROCA LLP

By

/Sean D. Garrison/ Sean D. Garrison Emily Bayton Attorneys for Defendant Associated Leisure Products, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on October 25, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic filing for the following CM/ECF registrants: Steven M. Weinberg Aaron C. Schepler [email protected] [email protected]

/Sean D. Garrison/

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