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

1 ROBBINS & GREEN, r=·.A.
LAW OFFICES
2 3300 Noam CENERAL AVENUE
Sum; 1800
PHOENEX, ARIZONA 85012-2518
3 TELEPHONE (602) 248-7600
FACSQMILE (602) 266-5369
4 Wiliiam H. Sandweg ||1,#OO3B48
5 AmmmmySEm:Defendants Ray
6
7 IN TEE UNITED STATES DISTRICT COURT
3 IN AND FOR THE DISTRICT OF ARIZONA
9
10 MARGARET TEAYER, an individual,
Case No.:CV—03—2525 PHX DKD
11 Plaintiff,
MOTION FOR LEAVE TO FILE
12 vs. EELATED MOTION FOR SUMMARY
JUDGMENT
13 TERRAVITA COUNTRY CLUB, INC., an
Arizona corporation, et al, (Assigned to the Honorable
14 David K. Duncan)
Defendants.
15 (ORAL ARGUMENT REQUESTED}
36
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Defendants Ray respectfully request this Court to
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exercise its discretion and permit them to file a belated motion
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for summary judgment in the form attached as Exhibit A. With but
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{ one exception, the claims against defendants Ray are identical to
¢ 21
Z those a ainst the individual co—defendants and. are already· the
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5 subject of a pending motion for summary judgment. The only claim
sti 2 3
W against defendants Ray which is not already before the Court is
E 24
m
S one for defamation and defendants Ray contend plaintiff has no
DC 2 5
admissible testimony to support the allegation. This motion is
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. supported by the attached Memorandum of Points and Authorities.
Case 2:03—cv—O2525-DKD Document 102 Filed 11/10/2005 Page 1 of 4

1 jg}
RESPECTFULLY SUBMITTED this gQ of November, 2005.
2
ROBBINS & GREEN, P.A.
3 *E _,
4 _ _--· ` ' ,,, E--.- - ---N R ..__ _
BY nlnniyanmill$!L“¢lii£E!!!l.E
5 William . Sandweg PTI _
3300 N. Central Ave., i-Iqe 1800
6 phoenix, Arizona 850l2—25l8
Attorneys for Defendants Ray
7
8 MEMORANDUM OF POINTS AND AUTHORITIES
9 Undersigned counsel came into this case late and was unaware
lc of the deadline for filing dispositive motions. This is no one's
11 fault but his own. However, in the interests of judicial economy,
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it is hoped that the Court will exercise its discretion to permit
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a late motion for summary judgment.
14
15 There is already pending before the Court a motion for
16 summary judgment by the corporate defendants and the other
17 individual defendants. Like the other individual defendants,
18 defendant Larry Ray was a member of the Country Club Board of
19 Directors. Should the Court grant the pending motion for summary
20 judgment in favor of the co—defendants, it will be law of the case
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and will apply to all of the counts against defendants Ray except
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plaintiff's defamation count. As to that part of the proposed
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motion for summary judgment by defendants Ray which addresses
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25 counts other than the defamation count, there will be no
26 additional work required of plaintiff in responding to the Rays.
2®é§é~Q:@3-cv—O2525-DKD Documer?m102 FiIed11/10/2005 Page20f4

1 In the interests of judicial economy, all of the similarly
2 situated defendants should be before the court on the pending g
3 motion for summary judgment. i
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That leaves only the defamation count against defendants Ray. g
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Based on her answer to a non—uniform interrogatory, defendants Ray Q
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7 do not believe that plaintiff has any first—hand witnesses to the S
8 alleged defamation. if all of the other counts are to be resolved g
9 on the pending motion for summary judgment and if plaintiff has no i
10 admissible testimony to support the defamation allegation,
11 defendants Ray respectfully submit that it makes little sense to g
12 have this matter proceed to trial just to grant judgment as a Q
13
matter of law at the conclusion of the plaintiff's case. ,
14
Defendants Ray respectfully request the Court to forgive the §
is
16 oversight of their counsel and allow them to file a belated motion i
17 for summary judgment in the form attached as Exhibit A. i
18 RESPECTFULLY SUBMITTED this E{§ day of November, 2005. ;
19 ROEBINS Se GREEN, P.A.
21 ·- · _ , _.._ _____ ..... . .,__= _
BY_ 4inqiinlIii=ig;E:IiIil£!!!!..\ §
22 William H. Sandweg II1 g
3300 N. Central Ave., —uite-1800 E
23 Phoenix, Arizona 85012-2"‘8
Attorneys for Defendants Ray ,
24 2
Original of the¥$pregoing g
25 e-filed this KQ ‘ day of
November, 2005, with: E
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2%9£9e22;bs-cv-02525-DKD Documef1t102 Filed 11/10/2005 Page3 om

1 `U. S. District Court of Arizona
401 West Washington
2 Phoenix, Arizona 85003
3 Copy of_the foregoing mailed Q
this Qégt day of November, 2005, to:
4 ' f
Hon. David K. Duncan 3
5 U. S. District Court of Arizona -
401 West Washington
6 Phoenix, Arizona 85003 Q
7 Loretta Jacobs-Schwartz, Esq. Q
8687 E. Via de Ventura, Suite 306
8 Scottsdale, AZ 85258
Attorney for Plaintiff Q
9
Jeffrey S. Silvyn, Esq. Q
10 Law Offices of Waterfall, Economidis, Caldwell
Hanshaw & Villamana, P.C. Q
11 Williams Center, Eighth Floor Q
5210 E. Williams Circle Q
12 Tucson, AZ 85711 Q
Attorney for Defendants Terravita Country Club, Q
13 Aaron and Barbara Michaelson, Joan and Edward Burnett
14 David Pennartz, Esq. Q
The Pennartz Law Firm
15 1601 N. 7th Street, Suite 260 Q
Phoenix, AZ 85006 Q
16 Attorney for Defendants Ray Q
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Q'! { JY { PQ "/L
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21 Q
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zgdééezébs-cv-02525-DKD Documeir 102 Fued 11/10/2005 Page 4 or 4 i

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