Free Objection - District Court of Arizona - Arizona

1 RYLEY, CARLOCK & APPLEWHITE
One North Central Avenue, Suite 1200
2 Phoenix, Arizona 85004-4417
3 Telephone: 602/258—770l
Telecopierz 602/257-9582 _
4
Charles L, Chester — 002571
5
6 UNITED STATES DISTRICT COURT
7 DISTIHCT OF ARIZONA
S
KAYE K. HUTTON, as an individual and as No. CV2003—2262——Pi—IX·—ROS
9 representative of a class consisting of others
similarly situated,
lt) _ _ oarncrrons ro romvr or
11 Plaintiff, ORDER Ann Morton ro sxrnnn
DEADLINES ON SCHEDULING
I2 V· ORDER
E 3 BANK OF AMERICA, NA.,
14 Defendant.
15
16 On September 9, 2005, counsel undersigned was on a farm in Oklahoma and had no
17 documentation with him related to this case. Counsel for Ms, Hutton asked that the parties
lg stipulate to an extension of time to make final disclosures on non—expert witnesses and exhibits.
19 Counsel undersigned was unwilling to stipulate to that extension unless the other deadlines in
20 the Scheduling Order were extended by a similar amount of tirne., Counsel undersigned
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understood counsel for Ms, Hutton to agree to extend all other deadlines by a similar amount of
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23 time, but advised counsel undersigned that due to the turn over in law clerks we had been asked
24 to tile the disclosure deadline stipulation that day. Counsel for Ms. Hutton advised that she did
25 not believe she could get a Stipulation and Proposed Order which extended all deadlines and
26 get that document tiled that day, Counsel undersigned then agreed to tiling this disclosure
27 deadline stipulation on the condition that the parties would extend the other deadlines by
28 another Stipulation as soon as possible, Counsel for Ms, I-lutton agreed and the Stipulation was
§}'§§§~,l,2:O3—cv-02262-ROS Document 149 Filed O9/21/2005 Page 1 of 3

l tiled.
2 Unknown to counsel undersigned, the paragraph whose deadline was extended by
3 Stipulation included a deadline for material changes to expert reports, which the Stipulation did
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not extend. Also unknown to counsel undersigned, counsel for Plaintiff served a supplement to
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6 her Experfs Report on Friday, September 9, 2005, which included approximately two inches of
supporting documentation which was previously undisclosed or discussed. The changes expand
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8 upon a Rebuttal Expert Report tiled by Plaintiff and do not change the report. Further, the
9 Rebuttal Expert Report really is not rebuttal in nature, but instead introduces a new topic.
10 Plaintiffs counsel has refused to extend the expert disclosure deadline, having hidden
ll the topic from counsel undersigned during discussions on September 9, 2005 and having
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deceived counsel undersigned as a result. Therefore, no agreement was reached in fact
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14 regarding the Stipulation which was tiled with the Court. For the foregoing reasons, defendant
15 requests that the Stipulation be set aside, or that all deadlines in the Scheduling Order be
ig extended for the same amount of time, including the deadline for material changes in expert
17 opinion.
18
git
19 DATED this day of September, 2005.
20
RYLEY CARLOCK & APPLEWHITE
2l
22 B C/Perrin L rn lain
Y · S
23 Charles L. Chester
One North Central Avenue, Suite 1200
24 Phoenix, Arizona 850044417
25 Attorney for Bank of America, NA.
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ase 2:O3—cv—O2262—FlOS Document 14Q2_ Filed O9/21/2005 Page 2 of 3

1 CQPY gkfthe foregoing e—1iIed
2 tins EAL day of September, 2005.
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ase 2:03-cv-02262-ROS Document 14©3" Filed O9/21/2005 Page 3 of 3

Case 2:03-cv-02262-ROS

Document 149

Filed 09/21/2005

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Case 2:03-cv-02262-ROS

Document 149

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Case 2:03-cv-02262-ROS

Document 149

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