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

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Guttilla & Murphy, PC
Firm No. 00133300 Ryan W. Anderson (No. 020974) 4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795 [email protected]

Attorneys for the Receiver

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lawrence J. Warfield, Receiver, Plaintiff, v. Michael Alaniz, et al. ) ) Cause No. CV 03-2390 PHX JAT ) ) ) MOTION TO EXTEND DATE OF ) DISCOVERY TO DECEMBER 18, 2005 ) FOR DISCOVERY RELATED TO ) ) DEFENDANT CHARLES DAVIS AND DEFENDANT PAUL PICHIE ) )

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Case 2:03-cv-02390-JAT Document 442

Defendants.

Plaintiff Lawrence J. Warfield hereby moves this honorable Court to extend the deadline for completion of discovery to December 18, 2005 for Discovery related to Defendants Charles Davis and Paul Pichie. Plaintiff seeks the extension of the discovery deadline with respect to the Defendants for the following reasons: Plaintiff filed his lawsuit against eighty-three (83) Defendants who sold MidAmerica charitable gift annuities. The Plaintiff has resolved his claims against sixty-six (66) Defendants and seventeen (17) Defendants remain. The Court's Rule 16 Scheduling Order calls for all Discovery to be completed by November 18, 2005.

Filed 11/09/2005

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Charles Davis During the deposition of Defendant Charles Davis on October 26, 2005, Plaintiff learned that Defendant Charles Davis failed to produce deposition transcripts and pleadings with respect to litigation filed against him by his former clients regarding his sale of Mid-America charitable gift annuities. Apparently, Defendant Davis has been deposed in two lawsuits filed by his former clients and has also given sworn testimony in a lawsuit filed by one of Mr. Davis's former clients against Merrill Lynch. Arizona Counsel for Defendant Davis did not have knowledge or possession of these documents and they were not produced in Discovery. Since Defendant Davis had traveled from Massachusetts for the deposition, counsel for the Receiver conducted the deposition of Defendant Davis with an agreement from counsel for Defendant Davis to continue Mr. Davis' deposition until the Plaintiff can review the depositions and pleadings which had not been produced to the Plaintiff. The Defendant agreed to provide the documents to the Plaintiff immediately; however, Arizona counsel for Defendant Davis has not provided this information to the undersigned as of today's date. Plaintiff should be provided the opportunity to review these important documents and if necessary, complete the deposition of Defendant Davis. Defendant Davis, through counsel, has agreed to not oppose an extension of the deadline as to discovery with respect to Defendant Charles Davis. Paul Pichie Plaintiff seeks an extension of the discovery deadline until December 18, 2005 to complete discovery with respect to Defendant Paul Pichie's purported defenses. As the Court is aware, Defendant Pichie was "reinstated" in this lawsuit after Defendant Pichie's
Case 2:03-cv-02390-JAT Document 442

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Default Judgment was set aside after nearly 11 months. Defendant Pichie initially failed to respond to the Plaintiff's Complaint when it was served on him in 2004. Accordingly, Defendant Pichie was defaulted on June 21, 2004. On July 13, 2005, this Court set aside Plaintiff's default judgment. Plaintiff submitted his First Supplemental Disclosure Statement to Defendant Pichie on August 8, 2005. Plaintiff has served discovery on Defendant Paul Pichie on August 12, 2005, September 14, 2005 and October 14, 2005. The response to Plaintiff's third set of discovery requests is due November 18, 2005. Defendant Paul Pichie has served his first set of discovery requests upon the Plaintiff and Plaintiff's response is due on November 18, 2005, the last day of discovery. In response to Plaintiff's first and second discovery requests, Defendant Pichie has identified various defenses which may require additional depositions, namely the deposition of Windsor Insurance Associates, Inc., a California corporation, licensed to conduct business in Arizona. Defendant Pichie claims that Windsor Insurance Associates, Inc. received a significant portion of the commission the Receiver has alleged was paid to Defendant Pichie and that Windsor Insurance Associates, Inc. was responsible for the due diligence on the Mid-America Foundation. Plaintiff has subpoenaed the records of Windsor Insurance Associates, Inc and may need to conduct a deposition of Windsor Insurance Associates, Inc. under FCRP 30 (b) 6. Because Defendant Pichie was re-entered into this cause on July 13, 2005, after discovery had been ongoing against the other Defendants since January 13, 2005, it is reasonable to provide the Plaintiff and extra thirty (30) days to complete discovery with respect to Paul Pichie's alleged defenses. The Plaintiff does not make this request in an effort to extend discovery at the detriment of the remaining Defendants and requests this Court approve this motion which
Case 2:03-cv-02390-JAT Document 442

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

seeks to extend the discovery deadline as to Defendants Charles Davis and Defendant Paul Pichie. Respectfully submitted this 9th day of November, 2005. GUTTILLA & MURPHY, PC

s/Ryan W. Anderson Ryan W. Anderson Attorneys for the Receiver

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Case 2:03-cv-02390-JAT

PROOF OF SERVICE This is to certify that a true copy of the foregoing Motion has been filed electronically with the Court and that the persons on the service list designated as "CM/ECF Registered" will be served with same by the Court's CM/ECF system; that a proposed Order has been e-mailed to the assigned Judge with copies to all persons on the service list designated as "CM/ECF Registered"; and that the other persons on the service list have been served with a copy of the Motion and proposed Order by first class mail this 9th day of November, 2005.

s/Ryan W. Anderson Ryan W. Anderson Burton M. Bentley ECF Registered [email protected] Attorney for Defendants Leonard and Elizabeth Bestgen, Robert Carroll, Rudy and Mary Crosswell, David Cutshall, Charles Davis, Richard Derk, Orville Frazier, Ronald Kerher, Dwight Lankford, John and Candes Rada, Paul Richards, Fera Shivaee, Patrick and Andrea Wehrly and Donald Muchmore

Document 442

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Brad A. Denton Robert Payne ECF Registered Gunderson, Denton & Proffitt, P.C. [email protected] [email protected] Attorneys for Michael and Ann McLaughlin Albert P. Massey ECF Registered Lentz, Cantor & Massey [email protected] Attorneys for Richard Wilson Gregory Shebest ECF Registered [email protected] Attorney for Heritage Marketing Martin D. Koczanowicz Larry Alvin Donaldson ECF Registered Koczanowicz & Donaldson [email protected] Attorneys for Ron Tucker David L. Kagel John Torbett ECF Registered [email protected] [email protected] Attorneys for Paul Pichie Steve A. Bryant Steve Bryant & Associates 3618 Mt. Vernon Street, Suite A Houston, TX 77006 Attorneys for Dwight Lankford Robert Tretiak 4615 N. Ft. Apache Road Las Vegas, NV 89129 Defendant Pro Se
Case 2:03-cv-02390-JAT

Ren Bidwell 3430 Pacific Ave SE Olympia, WA 98501 Defendant Pro Se David Knutson First Financial Center, Ltd. 119 Third Street, N.E. #333 Cedar Rapids, IA 52401 David Tigges First Financial Center, Ltd. 119 Third Street, N.E. #333 Cedar Rapids, IA 52401 Bruce F. Walters 2606 - C.W. Roosevelt Blvd. Monrow, NC 28110 Defendant Pro Per

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0758-011(45947)

Document 442

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