Free Motion to Continue - District Court of Arizona - Arizona

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Angela M. Wilson-Goodman State Bar No. 017558 WILSON-GOODMAN & FONG, P.C. 538 S. Gilbert Road, Suite 101 Gilbert, Arizona 85296 (480) 503-9217 Fax: (480) 503-9219 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
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MARY CSANYI,
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Plaintiff, vs. REGIS CORPORATION; SUPER CUTS, Defendants.

) Case No.: CV-03-1987-PHX-JAT ) ) ) MOTION TO CONTINUE TRIAL ) ) ) ) ) )

The Plaintiff, by and through undersigned counsel, hereby files this Motion to Continue the Trial which is currently scheduled for June 7, 2006, at 10.00 a.m. in this division, for an additional 60 days. A continuance is requested due to the fact that under the Older Workers Benefits Protection Act, Plaintiff had a period of seven (7) days after signing the General Release Agreement and Covenant Not to Sue to revoke the Agreement. Plaintiff signed the Agreement on May 26, 2006, thus she had until June 2, 2006, to revoke the Agreement. Plaintiff exercised

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that right to revoke the Agreement on June 2, 2006, and Plaintiff's counsel faxed the signed Revocation of General Release Agreement and Covenant Not to Sue to Defense counsel as well as mailed it by certified mail to Defense counsel on the same date.

Case 2:03-cv-01987-JAT

-1 Document 82 Filed 06/06/2006

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Plaintiff's counsel cannot be ready to go to trial with less than 24 hours' notice, nor can Plaintiff's Psychiatrist, Lawrence M. Martin, M.D., be available to testify on such short notice. Plaintiff's case will be unduly prejudiced if she is unable to present the testimony of her expert witness, Dr. Martin.

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WHEREFORE, the Plaintiff respectfully requests that the Trial scheduled in this matter for June 7, 2005, at 10:00 a.m., be continued for at least sixty days. RESPECTFULLY SUBMITTED this 6th day of June, 2006. WILSON-GOODMAN & FONG, P.C. __/s/ Angela M. Wilson-Goodman Angela M. Wilson-Goodman 538 S. Gilbert Road, Suite 101 Gilbert, Arizona 85296 Attorney for Plaintiff

Case 2:03-cv-01987-JAT

-2 Document 82 Filed 06/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on the 6th day of June, 2006, I electronically transmitted the attached Motion to Continue Trial to the U.S. District Court Clerk's office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: [email protected]

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[email protected] I hereby certify that on the 6th day of June, 2006, I served the attached by mail on the following Motion to Continue Trial, who is a registered participant in the CM/ECF System, but requested a paper copy: The Honorable James A. Teilborg United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 523 401 West Washington Street, SPC 51 Phoenix, AZ 85003-2154 /s/ Kim Johnson

Case 2:03-cv-01987-JAT

-3 Document 82 Filed 06/06/2006

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