Free Motion to Expedite - District Court of Arizona - Arizona

M. Brett Burns (admitted pro hac vice) [email protected] Stephanie K. Osteen (admitted pro hac vice) [email protected] AKIN GUMP STRAUSS HAUER & FELD LLP 1700 Pacific Avenue, Suite 4100 Dallas, Texas 75201 (214) 969-2800 facsimile (214) 969-4343 Tricia Schafer (018748) [email protected] MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012 (602) 285-5000 facsimile (602) 285-5100 Attorneys for Defendants UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Patrice Jerome, No. CV03-1913-PHX-MHM Plaintiff, v. Midway Holdings, Inc. et al. Defendants. DEFENDANTS' MOTION FOR EXPEDITED CONSIDERATION OF THEIR MOTION TO DISMISS PLAINTIFF'S ECONOMIC DAMAGES CLAIM AS DISCOVERY SANCTION OR, IN THE ALTERNATIVE, TO CONTINUE DEFENDANTS' DISPOSITIVE MOTION DEADLINE ORAL ARGUMENT REQUESTED

Defendants Midway Holdings, Inc. and Midway Chevrolet, Inc. submit this Motion For Expedited Consideration of Their Motion to Dismiss Plaintiff's Economic

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Damages Claim as Discovery Sanction or, in the Alternative, to Continue Defendants' Dispositive Motion Deadline. Defendants filed their Motion to Dismiss Plaintiff's Economic Damages Claim as Discovery Sanction or, in the Alternative, to Continue Defendants' Dispositive Motion Deadline ("Defendants' Motion") on December 30, 2005. Under Local Rule 7.2(c), Plaintiff has ten days to file a response. Her deadline would, therefore, be January 16, 2005. The deadline for Defendants to file their Motion for Summary Judgment is January 19, 2006. (See Docket Entry No. 54.) If the Court grants Defendants' Motion and dismisses Plaintiff's claim for economic damages, the arguments and briefing needed for Defendants' dispositive motions and issues left to be decided by the Court would be shaped accordingly. However, the briefing and response time allowed under the local rules would not permit any, let alone sufficient, time for Defendants to draft and file their motion for summary judgment following the Court's ruling. Additionally, in their Motion, Defendants requested an extension of their summary judgment deadline in order to obtain needed, overdue information that is vitally necessary for them to adequately evaluate and, if necessary, brief their affirmative defense concerning Plaintiff's failure to mitigate damages. Defendants therefore move for expedited consideration of their motion. For the foregoing reasons, Defendants respectfully request the Court consider Defendants' Motion to Dismiss Plaintiff's Economic Damages Claim as Discovery Sanction or, in the Alternative, to Continue Defendants' Dispositive Motion Deadline on an expedited basis. 2
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DATED this 30th day of December, 2005. AKIN GUMP STRAUSS HAUER & FELD LLP

/s/ Stephanie K. Osteen M. Brett Burns (admitted pro hac vice) Stephanie K. Osteen (admitted pro hac vice) 1700 Pacific Avenue, Suite 4100 Dallas, Texas 75201-4618 (214) 969-2800 facsimile (214) 969-4343 Tricia Schafer MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.C. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012 (602) 285-5000 facsimile (602) 285-5100 Attorneys for Defendants I hereby certify that on this 30th day of December, 2005, I electronically transmitted the foregoing to the Clerk's Office using the CM/ECF System for filing [and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants]: Stephen G. Montoya Montoya Jiminez, P.A. 3200 North Central Avenue, Suite 2550 Phoenix, Arizona 85012 Attorney for Plaintiff

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COPY mailed to: Honorable Mary H. Murguia United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 525 401 West Washington Street, SPC 53 Phoenix, Arizona 85003-2154

By: /s/ Stephanie K. Osteen
#7524052

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