Free Stipulation - District Court of Arizona - Arizona

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Matthew D. Kleifield ­ 011564 Chad C. Baker - 023083 KUNZ PLITT HYLAND DEMLONG & KLEIFIELD 3838 North Central Avenue, Suite 1500 Phoenix, Arizona 85012-1902 (602) 331-4600 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT

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Case 2:03-cv-01555-SRB Document 160 Filed 03/14/2006 Page 1 of 3

MARVIN SAPIRO SAPIRO, his wife,

and

GLORIA

No. CIV03-1555 PHX SRB STIPULATION TO EXTEND DEFENDANTS SUNSTONE'S TIME TO REPLY TO PLAINTIFFS' RESPONSE TO SUNSTONE'S MOTION FOR SUMMARY JUDGMENT (First Request)

Plaintiffs, v. SUNSTONE HOTELS INVESTORS, L.L.C., SUNSTONE HOTEL INVESTORS, L.P. Defendant.

Defendants respectfully request this Court grant a ten (10) day extension of time for filing a Reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment. This request is made in accord with Federal Rules of Civil Procedure 6(b) and Local Rule Civil Procedure 7.3(c). Defendants filed their Motion for Summary Judgment on December 7, 2005. See Docket 142. By Order, dated February 14, 2006, this Court granted Plaintiffs' third extension of time to respond to Defendants' Motion in Limine and Summary Judgment. See Docket 153. In accord with that Order, Plaintiffs filed their Response to Defendants' Motion for Summary Judgment

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on February 27, 2006. Accordingly, Sunstone's Reply to the Motion for Summary Judgment is due March 17, 2006. See L.R.Civ. 56.1(b); Fed.R.Civ.P. 6(a)(e). The mediation, originally schedule for January 12, 2006 in Phoenix, was postponed on January 10. Since the filing of Plaintiffs' Response to the Motion for Summary Judgment, the parties continued to work diligently to schedule the mediation and arrived at an agreeable date. The mediation is currently scheduled for April 4, 2006 in Phoenix. The effort to schedule and begin preparations for the upcoming mediation has prevented Defendants from finalizing their Reply to the Motion for Summary Judgment. Defendants therefore respectfully request an extension until March 27, 2006 in which to file their Reply. Plaintiffs' counsel has agreed to the request extension of time period, and Defendants respectfully request this Court allow this additional time for the filing of Defendants' Reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment. Counsel for Sunstone avows that he has consulted with counsel for Plaintiffs and that counsel for Plaintiffs has consented to defense counsel's signing the instant Stipulation on their behalf. ... ... ... ... ... ... ... ...

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By:

Dated: March 14, 2006.

BOIES, SCHILLER & FLEXNER LLP Attorneys for Plaintiffs Bank of America Tower, Suite 2800 100 S.E. 2 nd Street Miami, Florida 33131 Tel: (305) 539-8400 Fax: (305) 539-1370

KUNZ PLITT HYLAND DEMLONG & KLEIFIELD, P.C. Attorneys for Defendants 3838 North Central Avenue, Suite 1500 Phoenix, Arizona 85012-1902 Tel: (602) 331-4600 Fax: (602) 331-8600

s/Steven W. Davis Steven W. Davis Florida Bar No. 347442

By:

s/Chad Baker Matthew D. Kleifield Arizona Bar No. 011564 Chad C. Baker Arizona Bar No. 023083

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