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

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Law Office of James Burr Shields 382 East Palm Lane Phoenix, Arizona 85004-1531 (602) 307-0780 (Office) (602) 307-0784 (Facsimile)
James Burr Shields II, State Bar #011711 John A. Conley, State Bar #016429 Blake Simms, State Bar #021595 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

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) ) ) ) ) Plaintiffs, ) ) vs. ) ) 5. Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) 6. Carl Brown; ) 7. Molly Brown; ) 8. Greg Brown; ) 9. Jane Doe Brown; ) 10. Does 1-10; ) 11. XYZ Corporations; ) 12. Black Partnerships; ) ) Defendants. ) _________________________________)

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

Case No. CIV 2003-0100 PHX ROS PLAINTIFFS' MOTION TO EXTEND TIME WITHIN WHICH TO FILE REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY AND MOTION TO STRIKE DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT

Plaintiffs, Cathleen Channel, Theresa Wharry, Stacie Hanson, and Monique Nichols, by and through counsel undersigned, hereby file their Motion to Extend Time within Which to File Reply to Defendants' Response to Plaintiffs' Motion for Summary Judgment and Motion to Strike Defendants' Cross Motion for Summary Judgment. Plaintiffs request the Court strike that portion of Defendants' motion that purports to be a cross motion for summary judgment, as such a motion is clearly untimely. Plaintiffs further request the Court, so that Plaintiffs do not incur undue attorney's fees in advance of the parties' Scheduling Conference, grant an extension of their deadline to file a reply to Defendants'
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Case 2:03-cv-00100-ROS-MEA

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Response to Plaintiffs' Motion for Summary Judgment. Presently, it appears that the parties' settlement conference will be set for some time in February or mid-March. Therefore, Plaintiffs request that the Court permit them until April 13, 2007 within which to file a reply brief. The Court, in its August 2, 2006, Amended Rule 16 Scheduling Order set November 10, 2006, as the dispositive motions deadline in this case. Defendants did not file their cross motion for summary judgment until December 11, 2006. That is more than one month past the Court established deadline. Defendants did not ask for and the Court did not grant an extension of the dispositive motions deadline. Defendants have also failed to allege good cause exists for a modification of the scheduling order. See Fed. R. Civ. P. 16(b). Plaintiffs also request an extension of the time within which to file their Reply to Defendants' Response. The Court has ordered the parties to participate in a Settlement Conference, which the parties are in the process of attempting to schedule. The attorney's fees Plaintiffs would incur in drafting their Reply would have an adverse impact on the parties' ability to reach a mutually acceptable settlement. The Court, during the parties' November 30, 2006 Status Conference, acknowledged the possibility of staying further motion for summary judgment proceedings. Plaintiffs, as such, request they have until April 13, 2007 within which to file their Reply. If, however, the parties are successful in settling the case, the Reply will be unnecessary. RESPECTFULLY SUBMITTED this 13th day of December, 2006. LAW OFFICE OF JAMES BURR SHIELDS

____s/ James Burr Shields_____________ James Burr Shields Blake Simms Attorneys for Plaintiffs *** *** ***
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Case 2:03-cv-00100-ROS-MEA

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CERTIFICATE OF SERVICE I hereby certify that on the 13th day of December, 2006, I electronically submitted the attached document 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: John E. Karow, Esq. 11350 North 104th Place Scottsdale, Arizona 85259 Attorney for Defendants Dennis Hall, Esq. 14614 North Kierland Boulevard, Suite 300 Scottsdale, Arizona 85254 Attorneys for Defendant Greg Brown ____s/ Gail Ivey___________________

Case 2:03-cv-00100-ROS-MEA

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Filed 12/13/2006

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