Free Motion to Continue - District Court of Arizona - Arizona

1 BRAD K. KEOGH (I.D. No. 010321)

ATTORNEY AT LAW
2 3003 North Central Avenue

Suite 1200
3 Phoenix, Arizona 85012

(602) 604-2113
4 [email protected] 5 Attorney for Defendants UNUMProvident Corporation

and Provident Life and Casualty Insurance Company
6 7 8 9 Harry D. Hartnett, 10 11 vs. 12 UnumProvident Corporation,

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 03-1339 PHX-MHM DEFENDANTS' MOTION TO RE-SCHEDULE AND RE-LOCATE SETTLEMENT CONFERENCE

Plaintiff,

a foreign corporation; Provident Life
13 and Casualty Insurance Company,

a foreign insurer,
14

Defendants.
15 16

As the Court is aware, at the last status hearing, the parties agreed to participate in a

17 settlement conference before a Magistrate Judge. On April 14, 2006, Provident's counsel received 18 an Order from Magistrate Judge Aspey, setting a settlement conference on July 25, 2006, and 19 requiring the parties and their counsel to travel to Flagstaff, Arizona for the proceeding. 20

Provident's counsel has an unavoidable conflict because he will be out of the State on a pre-

21 existing and pre-paid family vacation on July 25, 2006, and therefore respectfully requests the 22 Court to re-schedule the settlement conference to August.

In addition, since Provident's

23 representative must fly to Phoenix from Tennessee for the proceeding, Provident respectfully 24 requests the Court to re-locate the settlement conference to Phoenix before a Magistrate Judge 25 located in Phoenix, which will significantly reduce the time and expenses incurred by both parties 26 in having to travel to Flagstaff. 27 28 Case 2:03-cv-01339-MHM Document 62 Filed 05/29/2006 Page 1 of 2

1

These two requested accommodations are consistent with the mandate of Rule 1, Federal

2 Rules of Civil Procedure, which requires the "just, speedy and inexpensive determination of every 3 action", and which Provident now invokes in support of this Motion. 4

For these reasons, Provident respectfully requests the Court to re-schedule the settlement

5 conference to August, and re-locate the settlement conference to Phoenix, Arizona. 6 7 8 9 10 11 12 13 14 15 ORIGINAL of the foregoing

RESPECTFULLY SUBMITTED this

29th day of May, 2006.

BRAD K. KEOGH ATTORNEY AT LAW By s/ Brad K. Keogh Brad K. Keogh 3003 North Central Avenue Suite 1200 Phoenix, Arizona 85012 Attorney for Defendants UNUMProvident Corporation and Provident Life and Casualty Insurance Company

e-filed this 29th day of 16 May, 2006, with:
17 Mr. Richard H. Weare

U.S. District Court Clerk
18 401 West Washington

Phoenix, Arizona 85003
19 20 21 22 23 24 25 26 27 28 Case 2:03-cv-01339-MHM 2 Document 62 Filed 05/29/2006 Page 2 of 2

s/ Brad K. Keogh