Free Stipulation - District Court of Arizona - Arizona

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RYLEY CARLOCK & APPLEWHITE One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Telephone: 602/258-7701 Telecopier: 602/257-9582 Charles L. Chester ­ 002571 [email protected]
John M. Fry - 020455

[email protected]

Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA KAYE E. HUTTON, as an individual and as representative of a class consisting of others similarly situated, Plaintiff, v. BANK OF AMERICA, N.A., Defendant. Plaintiff Kaye Hutton, as an individual and representative of a class of others similarly situated, and Defendant Bank of America, N.A., by and through undersigned counsel, hereby stipulate and jointly move to extend the following two deadlines: 1. The parties request that dispositive motions on all issues other than damages be filed no later than June 26, 2006, instead of the current deadline of May 12, 2006. On April 5, 2006, the Court ruled on Defendant's request for individualized written discovery responses from each opt-in. In lieu of requiring individualized responses from each opt-in, the Court authorized Defendant to propound additional discovery requests to Plaintiff Kaye Hutton, and ordered Ms. Hutton to respond on behalf of all opt-ins. Because the response date for this additional discovery would be after the current May 12, 2006 deadline, Defendant, expressing a desire to use the
705441.1 Case 2:03-cv-02262-ROS May 5, 2006

No. CV2003-2262-PHX-ROS STIPULATION AND JOINT MOTION TO EXTEND DISPOSITIVE MOTION AND JOINT PRETRIAL ORDER DEADLINES

Document 273

Filed 05/05/2006

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responses in a dispositive motion, requested from Plaintiff consent to an extension of the dispositive motion deadline. In connection with the same, the parties have agreed that Plaintiff may have until June 7, 2006, to respond to these discovery requests, provided the dispositive motion deadline can be extended to June 26, 2006, so that Defendant will have Plaintiff's responses sufficiently in advance of the dispositive motion deadline. 2. In light of the foregoing, the parties also request that the date for filing a Joint Pretrial Order be extended from June 23, 2006, to July 26, 2006. The parties are submitting herewith a proposed Fourth Amended Rule 16 Scheduling Order which reflects these changes in paragraphs "L" and "O" thereof. RESPECTFULLY SUBMITTED this 5th day of May, 2006. ROGERS & THEOBALD, LLP By /s/ Lydia A. Jones Lydia A. Jones 2425 East Camelback Road Phoenix, AZ 85016 Attorneys for Plaintiff Kaye Hutton RYLEY CARLOCK & APPLEWHITE By /s/ John M. Fry Charles L. Chester John M. Fry One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Attorneys for Bank of America, N.A.

701119.1 Case 2:03-cv-02262-ROS May 5, 2006

Document 273

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I hereby certify that on May 5, 2006, I electronically transmitted the attached Stipulation And Joint Motion To Extend Dispositive Motion And Joint Pretrial Order Deadlines to the clerk's office using the ECF system for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Lydia A. Jones ROGERS & THEOBALD, LLP 2425 East Camelback Road Phoenix, AZ 85016 Michael J. O'Connor Jennings, Strouss & Salmon, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004 By /s/Tina Kaminski

701119.1 Case 2:03-cv-02262-ROS May 5, 2006

Document 273

Filed 05/05/2006

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