Free Motion to Continue - District Court of Arizona - Arizona

Robert R. Berk, 010162 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 602-263-1781 [email protected] Attorneys for Defendant Life Cycle Books, Ltd. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA HERITAGE HOUSE `76, INC., an Arizona corporation, NO. CV 03 2516 PHX FJM Plaintiff, v. UNOPPOSED MOTION TO CONTINUE TRIAL

LIFE CYCLE BOOKS, LTD., a Canadian corporation; THE INTREPID GROUP, a Colorado corporation, Defendants.

Defendant Life Cycle Books, Ltd. moves to postpone the trial in this matter, currently scheduled for October 12, 2005, for ninety (90) days. The primary reason for this Motion, which Plaintiff has indicated it does not oppose, is that defense counsel has a prepaid, family vacation out of the country (his only family vacation this year) scheduled for October 15-24, 2005. In addition, Defendant Life Cycle recently located and produced additional documents in response to a prior discovery request, and based upon those documents, Plaintiff moved, on August 25, 2005, to amend its Complaint. Given that proposed amendment, the present trial date may be impractical.

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Case 2:03-cv-02516-FJM

Document 74

Filed 08/30/2005

Page 1 of 2

Finally, counsel for Life Cycle has a Maricopa County Superior Court trial (Hoag, et al. v. Tiffany & Bosco, et al., Cause No. 2003-019470) scheduled to start on November 7, 2005 and to last 5-7 trial days. For the foregoing reasons, Life Cycle requests that the trial in this matter, which has not previously been postponed, be continued for a period of at least 90 days. RESPECTFULLY SUBMITTED this 30th day of August, 2005. JONES, SKELTON & HOCHULI, P.L.C.

By s/Robert R. Berk Robert R. Berk 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendant Life Cycle Books, Ltd. Filed electronically this 30th day of August, 2005. s/ Jeannie Hayes

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