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

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GREENBERG TRAURIG, LLP
ATTORNEYS AT LAW SUITE 700 2375 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016 (602) 445-8000

Steven M. Weinberg (SBN 016817) Susan Daly Stearns (SBN 022407) Aaron C. Schepler (SBN 019985) Attorneys for Plaintiff/Counterdefendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Great American Duck Races, Inc., Plaintiff, Associated Leisure Products, Inc., Defendant. (First Request) And related counterclaim. Case No. CIV-04-317-PHX-JWS JOINT MOTION FOR EXTENSION OF DISCOVERY COMPLETION DEADLINE

Plaintiff Great American Duck Races, Inc. ("GAME") and defendant Associated Leisure Products, Inc. ("Aqua EZ") have stipulated to extend the discovery completion deadline by two months, and therefore jointly move the Court to enter an order consistent with this stipulation. In its Scheduling and Planning Order ("Order") filed October 1, 2004, the Court directed the parties to complete discovery by August 26, 2005. But the Court said that

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"counsel may stipulate to a continuance of no more than two months for completion of [discovery], provided that any such stipulation shall state precisely what discovery remains and when it will be accomplished." Order at p. 3. Counsel for the parties have stipulated to extend the discovery completion deadline until October 26, 2005. So far, the parties have exchanged interrogatories, requests for production of documents, and requests for admissions. GAME is still in the process of preparing its responses to Aqua EZ's written discovery requests, but no new or additional written discovery is contemplated. Therefore, the remaining discovery will likely consist of the following: (1) GAME's completion of its responses to Aqua EZ's written discovery requests (which are due on September 21, 2005, pursuant to the parties' stipulation); (2) Rule 30(b)(6) deposition of GAME; (3) Rule 30(b)(6) deposition of Aqua EZ; (4) deposition of Ted Pointer (Aqua EZ's CEO); (5) deposition of Tom Pointer (a director of Aqua EZ); (6) deposition of GAME's expert witness, if any; (7) deposition of Aqua EZ's expert witness, if any; and (8) deposition of Bernie Uzelac (a salesperson for GAME). The parties believe that the above discovery can be completed on or before October 26, 2005. Accordingly, the parties request that the Court extend the discovery completion deadline through and including October 26, 2005. RESPECTFULLY SUBMITTED this 17th day of August, 2005. GREENBERG TRAURIG, LLP By: /s/ ACS 019985 Steven M. Weinberg Susan Daly Stearns Aaron C. Schepler Attorneys for Plaintiff/Counterdefendant

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G REENBERG T RAURIG

LAW OFFICES

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2375 EAST CAMELBACK ROAD, SUITE 700 PHOENIX, ARIZONA 85016 (602) 445-8000

LEWIS AND ROCA LLP By: /s/ SDG 014436 Sean D. Garrison (SBN 014436) Emily A. Bayton (SBN 022089) 40 North Central Avenue Suite 1900 Phoenix, AZ 85004 Attorneys for Defendant/Counterclaimant

CERTIFICATE OF SERVICE I hereby certify that on August 17, 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 to the following CM/ECF registrants: Sean D. Garrison (SBN 014436) Emily A. Bayton (SBN 022089) 40 North Central Avenue Suite 1900 Phoenix, AZ 85004 Attorneys for Defendant/Counterclaimant I hereby certify that on ____________________, I served the attached document by [insert method of service] on the following, who are not registered participants of the CM/ECF System: /s Marie E. Sanchez

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G REENBERG T RAURIG

LAW OFFICES

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