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

1 Joseph A. Kendhammer, SBN 009156
2 Jeanne E. Vamer Powell, SBN 017535
Kendhammer & Colburn, L.L.P.
3 394 North Third Avenue
Phoenix, Arizona 85003
4 (602) 340-9900
5 Attorneys f0r Defendants Mesa General Hospital Medical Center, L.P.
6 Thomas J. Kennedy (SBA, 006907)
Rachel M. Bacalzo (SBA, 016117)
7 SHERMAN & HOWARD L.L.C.
1850 North Central Avenue, Suite 500
8 Phoenix, Arizona 85004-2003
9 Telephone: (602) 636-2000
Facsimile: (602) 636-2099
10
Att0rneysf0r Defendant Bashas ’ Inc.
11
12
13 IN THE UNITED STATES DISTRICT COURT
M FOR THE DISTRICT OF ARIZONA
15 Wyvonna B3I`l'I€tt )
)
16 Plaintiff, ) Case N0. CV032566 PHX ROS
)
17 vs. )
) DEFENDANTS’ JOINT MOTION TO
18 , ) EXTEND THE DISCOVERY
Beshas ¤ Incv St al·> ) DEADLINE PENDING SUMMARY
1 9 ) JUDGMENT RULINGS
Defendants. )
20 )
)
2 1
22 Defendants Mesa General Hospital Medical Center L.P. ("Mesa General") and
23 Bashas’, Inc. ("Bashas"’), collectively, the "Defendants" by and through undersigned
24 counsel, hereby request that this Court extend the discovery cutoff in this case. The
2 5 Court’s Scheduling Order in December 2004 provides that all discovery shall be
completed by September 30, 2005.
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ase 2:03-cv—02566—ROS Document 81 Filed 08/30/2005 Page 1 of 2

l However, both Defendants have filed Motions for Summary Judgment and limited
2 discovery has occurred pending the outcome of these motions. Bashas’ Motion has been
3 pending over 180 days.
4 lf this case is not summarily dismissed, it will be necessary to conduct additional
5 discovery before this matter will be ready for trial. Previous discovery requests from
6 Mesa General to Plaintiff have gone unanswered and, therefore, a conference call with
7 the Court and/or a motion to compel will be necessary before any discovery can proceed
8 regarding the medical negligence claims. In addition, it may be necessary to depose
9 some of Plaintiff s treating physicians, but that cannot be accomplished until Defendants
10 are able to obtain relevant medical records. Plaintiff has refused to sign medical records
releases or submit to deposition, so both of these issues will require court intervention as
11
well. At this time, it appears that expert depositions will be unnecessary as Plaintiff has
12
not requested depositions of defense experts and has not disclosed any experts herself.
13
Since all of these issues will be moot if Defendants prevail on their motions, it
14 would be prudent to extend the discovery deadline pending this Court’s ruling on the
15 motions. If the motions are denied, Defendants request a period of 120 days after such
16 denial in which to complete discovery. None of the parties will be prejudiced by such an
ll extension since a trial date has not been set. A proposed Order has been submitted with
18 this Motion for the Court’s convenience.
19 DATED this ay of August, 2005.
20 KENDHAMMER & COLBURN, SHERMAN & HOWARD L.L.C.
2 l L.L.P.
22
By: By: .
23 J osep A. Kendhammer Thomas J. Ken ed
2 4 Jeanne E. Vamer Powe Rachel M. Bacalzo
Attorneys for Defendant Mesa Attorneys for Defendant, Bashas ’
25 q General Hospital, L.P. dba Mesa Inc.
General Hospital Medical Center
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ase 2:03-cv—02566—ROS Document 81 Filed 08/30/2005 Page 2 of 2

Case 2:03-cv-02566-ROS

Document 81

Filed 08/30/2005

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Case 2:03-cv-02566-ROS

Document 81

Filed 08/30/2005

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