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

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LANG & BAKER, PLC
8233 VIA PASEO DEL NORTE, SUITE C-100 SCOTTSDALE, ARIZONA 85258 TELEPHONE (480) 947-1911

KENT A. LANG, #010041 WILLIAM G. KLAIN, #015851 Attorneys for Defendants/Counterclaimant

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA QC CONSTRUCTION PRODUCTS, LLC, a Delaware limited liability company, ) NO. CV03-1997 PHX ROS ) ) DEFENDANTS' MOTION TO EXCEED Plaintiff, ) PAGE LIMITATION ) v. ) ) COHILL'S BUILDING SPECIALTIES, INC., ) and MICHAEL COHILL, ) ) Defendants. ) ________________________________________ ) ) COHILL'S BUILDING SPECIALTIES, INC., an ) Arizona corporation, ) ) Counterclaimant, ) ) v. ) ) QC CONSTRUCTION PRODUCTS, LLC, a ) Delaware limited liability company, ) ) Counterdefendant. ) ________________________________________ ) Defendant/Counterclaimant Cohills Building Specialties, Inc. and Defendant Timothy

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"Michael" Cohill (collectively "Defendants"), by and through its counsel undersigned, hereby requests
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this Court enter an Order permitting them to file a reply in support of motion for summary judgment
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which exceeds the page limitations set forth in L.R.Civ. 7.2. By their Motion for Summary Judgment,
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Defendants seek judgment of five claims asserted against them by Plaintiff QC Construction Products,
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Case 2:03-cv-01997-ROS

Document 119

Filed 10/21/2005

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LLC, and judgment in favor of Defendant/ Counterclaimant Cohills Building Specialties, Inc. as to its counterclaim for breach of contract. Given the large number of claims at issue in this Motion, the need to cite sufficient factual background so as to demonstrate to the Court that genuine disputes of material fact do not exist with respect to these claims, the need to set forth sufficient legal analysis so as to advise the Court as to why the relief requested therein is warranted, and Plaintiff's filing of a 33 page Opposition to the Motion, Defendants believe leave to exceed the presumptive 11 page limit set forth in L.R.Civ. 7.2 is warranted. For this reason, Defendants hereby request this Court to enter its Order granting them leave to file their Motion for Summary Judgment, which exceeds the page limitations for motions established by this Court. DATED this 21st day of October, 2005. LANG & BAKER, PLC By /s/William G. Klain__________________ Kent A. Lang William G. Klain 8233 Via Paseo del Norte, Suite C-100 Scottsdale, AZ 85258 (480)947-1911 Attorneys for Defendants/Counterclaimant

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Original of the foregoing filed this 21st day of October, 2005, with: United States District Court For the District of Arizona Copy of the foregoing mailed this 21st day of October, 2005, to: Russell K. Ryan, Esquire Motschiedler Michaelides & Wishon LLP 1690 West Shaw Avenue; Suite 200 Fresno, California 93711 Attorneys for Plaintiff/Counterdefendant By:/s/ Dana M. Massie
L:\Cohills\QC\Pleadings\mot.exceed.page.limits 101905.wpd

Case 2:03-cv-01997-ROS

2 Document 119

Filed 10/21/2005

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