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

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Jeffrey L. Lowry, SBN 8293 (New Mexico ­ Pro Hac Vice) Aaron C. Viets, SBN 12164 (New Mexico ­ Pro Hac Vice) Rodey, Dickason, Sloan, Akin & Robb, P.A. 201 Third St., NW, Suite 2200 Albuquerque, New Mexico 87102 Telephone: (505) 765-5900 Paul A. Conant, SBN 012667 Thomson Conant, PLC Northern Trust Bank Tower, Suite 925 2398 East Camelback Road Phoenix, AZ 85016 Telephone: (602) 508-9010 Attorneys for Defendant Albertsons, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Lewis Silverman, Cynthia Silverman, Plaintiffs, vs. Albertson's, Inc., a corporation, and Debra A. Collette, Defendants. Defendant Albertsons, Inc. respectfully moves the Court to extend the deadline for filing and submitting the Final Proposed Pretrial Order, Proposed Jury Instructions, and Proposed Form of Verdict until Thursday, September 22, 2005. As grounds for this motion, Albertsons states that counsel for both parties have been working diligently on all of the papers required to be submitted before the final CIV-03-2268 PHX/NVW DEFENDANT ALBERTSONS, INC.'S UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE AND SUBMIT FINAL PRETRIAL ORDER, JURY INSTRUCTIONS, AND VERDICT FORM (First Request)

Case 2:03-cv-02268-NVW

Document 99

Filed 09/16/2005

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pretrial conference. The parties have submitted some of the required papers, but there are a few items still to be resolved in the proposed final pretrial report, the jury instructions, and the final form of verdict. Counsel expects that with a few days extension, those documents will be ready for filing and submission. Because the final pretrial conference is not scheduled until October 14, 2005, the Court should have ample time to review the papers even with the extension until September 22, 2005. Plaintiff's counsel does not oppose this motion. WHEREFORE, Albertsons respectfully requests that the Court to extend the deadline for filing and submitting the Final Proposed Pretrial Order, Proposed Jury Instructions, and Proposed Form of Verdict until Thursday, September 22, 2005. Dated this 16th day of September, 2005. Respectfully submitted, RODEY DICKASON SLOAN AKIN & ROBB, P.A.

/s/ Jeffrey L. Lowry Jeffrey L. Lowry Aaron C. Viets 201 Third St., Suite 2200 Albuquerque, New Mexico 87102 Attorneys for Defendants CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the foregoing Defendant Albertsons, Inc.'s Response to Plaintiff's Motion in Limine Re: Past Alleged Performance Issues was sent electronically on this 16th day of September, 2005 to all counsel of record. By: /s/ Jeffrey L. Lowry Jeffrey L. Lowry

By

Case 2:03-cv-02268-NVW

Document 99

2

Filed 09/16/2005

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