Free Motion for Extension of Time - District Court of Arizona - Arizona

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STEVEN W. DAVIS (Pro Hac Vice, Aug. 26, 2003) DAVID W. SHAPIRO, AZ BAR NO. 015295 ANN M. GALVANI (Pro Hac Vice, Sept. 29, 2003) JORGE SCHMIDT (Pro Hac Vice, March 17, 2005) BOIES, SCHILLER & FLEXNER, LLP 100 S.E. Second Street, Suite 2800 Miami, Florida 33131 Telephone (305) 539-8400 Facsimile (305) 539-1307 Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT IN THE DISTRICT COURT OF ARIZONA PHOENIX DIVISION

MARVIN SAPIRO and GLORIA SAPIRO, his wife, Plaintiffs, vs.

CASE NO. CIV 03 1555 PHX SRB

16 17 18 19 20 21 SUNSTONE HOTEL INVESTORS, L.L.C., SUNSTONE HOTEL INVESTORS, L.P., Defendants.

UNOPPOSED MOTION FOR DISMISSAL AND FOR THE COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT

Plaintiffs, Gloria and Marvin Sapiro, file this Unopposed Motion For Dismissal And For The Court To Retain Jurisdiction To Enforce Settlement and state as follows:

22 23 24 25 26 27 28 1. A settlement in this case was reached with Defendants as reflected in the Notice of

Settlement (the "Notice") served on October 2, 2006. A copy is attached. The settlement is contingent upon, and will become final when, Mr. and Mrs. Sapiro resolve the Medicare Services Contractor Lien upon their recovery.

Motion for Case 2:03-cv-01555-SRB Dismissal and for the178 to Retain Jurisdiction to Enforce Settlement 1 of 4 Document Court Filed 12/12/2006 Page

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To date, Plaintiffs' counsel has not been able to obtain a resolution of the lien

because of a transition of Medicare Services administrators that occurred on October 1, 2006. Plaintiffs' counsel has made six separate communications (3 letters and 3 follow-up telephone calls) since the settlement was reached. At that time, Plaintiffs' counsel was advised that

effective October 1, 2006, over 400,000 active matters were transferred between administrators and that, as of last week, the administrator anticipated receiving compromise instructions within 30 days. Accordingly, Plaintiffs ask this Court to allow the parties an additional 45 days within which to submit the final dismissal papers. Dated: December 12, 2006 BOIES, SCHILLER & FLEXNER LLP

By:_/s/___Jorge_Schmidt_____________ STEVEN W. DAVIS
JORGE SCHMIDT

100 S.E. Second Street, Suite 2800 Miami, Florida 33131 Telephone (305) 539-8400 Attorneys for Plaintiffs

COPY of the foregoing e-filed this _12th___ day of December 2006, with: United States District Court Clerk of the Court 401 West Washington Phoenix, Arizona 85003 COPIES of the foregoing mailed This __12th_ day of December 2006, to: Hon. Susan J. Bolton 401 West Washington Phoenix, Arizona 85003 Chloe Andrew
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Motion for Case 2:03-cv-01555-SRB Dismissal and for the178 to Retain Jurisdiction to Enforce Settlement 2 of 4 Document Court Filed 12/12/2006 Page

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Boies, Schiller & Flexner, LLP. 33 Main Street Armonk, New York 10504 Attorney for Plaintiffs Marvin and Gloria Sapiro

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Motion for Case 2:03-cv-01555-SRB Dismissal and for the178 to Retain Jurisdiction to Enforce Settlement 3 of 4 Document Court Filed 12/12/2006 Page

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COPIES of the foregoing electronically delivered This __12th__ day of December 2006, to: Ms. Ann M. Galvani Boies, Schiller & Flexner LLP 333 Main Street Armonk, New York, 10504 Mr. David W. Shapiro Boies, Schiller & Flexner LLP Suite 900 1999 Harrison Street Oakland, California 94612 Mr. Matthew D. Kleifield Kunz Plitt Hyland Demlong & Kleifield Suite 1500 3838 North Central Avenue Phoenix, Arizona 85012-1902

s/M. Wong_________

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Motion for Case 2:03-cv-01555-SRB Dismissal and for the178 to Retain Jurisdiction to Enforce Settlement 4 of 4 Document Court Filed 12/12/2006 Page