Free Motion for Leave to File - District Court of Arizona - Arizona

Lydia A. Jones - 017178 ROGERS & THEOBALD LLP 2 The Camelback Esplanade, Suite 850 2425 East Camelback Road 3 Phoenix, Arizona 85016
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Telephone: (602) 852-5582 [email protected]

Attorneys for Plaintiffs UNITED STATES DISTRICT COURT ARIZONA DISTRICT KAYE HUTTON, as an individual and representative of a class consisting of others similarly situated, Plaintiff, vs. BANK OF AMERICA, N.A., Defendant. No. CV2003-2262-PHX-ROS PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENT TO PLAINTIFF'S REPLY IN SUPPORT OF PLAINTIFF'S MOTION TO EXPAND CONDITIONAL COLLECTIVE ACTION and MOTION FOR EXPEDITED CONSIDERATION OF PLAINTIFF'S MOTION TO PROCEED

Plaintiff Kaye Hutton, as an individual and representative of a class consisting
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of others similarly situated, respectfully request leave of the Court to file the attached
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Supplement to Plaintiff's Reply in Support of Plaintiff's Motion to Expand the
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Conditional Collective Action. The supplement is intended to fully inform the Court,
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not to argue or reargue points. The attached Supplement disputes the calculations of
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the statute of limitations in Defendant's Response, since those calculations did not
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include the tolling agreement between the parties.
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Case 2:03-cv-02262-ROS

Document 186

Filed 11/08/2005

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In addition, because the statute of limitations on the claims of any future optins continues to run until Opt-in Consent Forms are filed with this Court, plaintiff respectfully requests that, if possible, the Court consider Plaintiff's Motion to Expand the Conditional Collective on an expedited basis. DATED this 8th day of November, 2005. ROGERS & THEOBALD LLP

By /s/ Lydia A. Jones

Lydia A. Jones The Camelback Esplanade, Suite 850 2425 East Camelback Road Phoenix, Arizona 85016 Telephone: (602) 852-5582 Attorneys for Plaintiffs

I hereby certify that on this 8th day of November, 2005, I electronically transmitted to 14 the clerk's office using the CM/ECF system for filing and transmittal of a notice of 15 electronic filing to the following CM/ECF registrants: Charles L. Chester John M. Fry 17 Ryley Carlock & Applewhite One North Central Avenue, Suite 1200 18 Phoenix, AZ 85004-4417 19 Attorneys for Defendant Bank of America, N.A.
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And a courtesy copy hand-delivered to:

Honorable Roslyn O. Silver 22 United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 23 401 West Washington Street, SPC 59 24 Phoenix, AZ 85003-2158
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By /s/ Lydia A. Jones

Case 2:03-cv-02262-ROS

Document 186 2 Filed 11/08/2005

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