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

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Donald A. Wall (Arizona Bar No. 007522) [email protected] David E. Rogers (Arizona Bar No. 019274) [email protected] Squire, Sanders & Dempsey L.L.P. Two Renaissance Square, Suite 2700 40 North Central Avenue Phoenix, Arizona 85004-4498 Tel: +1.602.528.4000 Fax: +1.602.253.8129 Attorneys for Defendant Century Surety Co. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Century 21 Real Estate LLC, Plaintiff, vs. Century Surety Co., Defendant. ) ) ) ) ) ) ) ) ) Case No. CIV 03-0053 PHX SMM MOTION TO EXTEND TIME TO FILE OPPOSITION TO CENTURY 21 REAL ESTATE, L.L.C.'S MOTION TO EXCLUDE DECLARATIONS, EXHIBITS AND TESTIMONY MOTION FOR EXTENSION OF TIME TO FILE (first request)

Pursuant to Arizona District Court Local Rule of Civil Procedure 7.3, Century Surety Co. ("Century") moves for a one day extension of time to file its Opposition to the motion to exclude filed by Century 21 Real Estate, L.L.C. ("C21"). Hard copies of the Opposition were prepared in a timely manner, but Century did not have necessary software readily available to create the disk required to be filed with the hard copies of the Opposition under seal with the Court. Had there been no requirement to file the documents under seal, then Century would certainly have met the deadline. Unfortunately, despite Century's best efforts, the delivery service missed the deadline by 3-5 minutes. Century has attempted to contact counsel for C21 (both at Arent Fox, PLLC and Sanders & Parks) to seek a stipulation for the one day extension of the deadline, but was unable to reach them, so efforts to determine C21's position with regard to the extension are

Case 2:03-cv-00053-SMM

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currently unsuccessful. Century left messages with counsel and will hopefully be able to convert this motion to a stipulation once counsel for C21 responds. Century therefore respectfully requests this Court to grant it leave to file its Opposition to C21's Motion to Exclude Declarations, Exhibits and Testimony by 5 p.m. on February 22, 2006. Respectfully submitted this 21st day of February, 2006. /s/ Sara Ransom Donald A. Wall David E. Rogers SQUIRE, SANDERS & DEMPSEY L.L.P. Two Renaissance Square 40 North Central Avenue, Suite 2700 Phoenix, Arizona 85004-4498 602-528-4000 Attorneys for Defendant Century Surety Co. ELECTRONICALLY FILED this 21st day of February, 2006 with: Clerk of the Court United States District Court District of Arizona Sandra Day O'Connor U.S. Courthouse 401 W. Washington Street, Suite 130, SPC 1 Phoenix, Arizona 85003-2118 COPY of the foregoing and Notice of Electronic Filing hand-delivered this 22nd day of February, 2006, to: The Honorable Stephen M. McNamee Sandra Day O'Connor U.S. Courthouse, Suite 625 401 West Washington Street, SPC 60 Phoenix, Arizona 85003-2158

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COPY of the foregoing and Notice of Electronic Filing served electronically and mailed this 21st day of February, 2006 to: Michael A. Grow [email protected] Elizabeth H. Cohen [email protected] Janine A. Carlan [email protected] Arent Fox PLLC 1050 Connecticut Avenue NW. Washington, D.C. 20036-5339 and Rick N. Bryson [email protected] Brent M. Hager [email protected] Sanders & Parks PC 3030 North Third Street, Suite 1300 Phoenix, Arizona 85012-3099 Attorneys for Plaintiff
Century 21 Real Estate Corp. /s/ Katherine Sieckman

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