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

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SABINUS A. MEGWA, ESQ. The Megwa Law Office 6811 South Central Avenue Phoenix, Arizona 85042 State Bar Number: 011266 Telephone (602) 243-6151 E-mail: [email protected] Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 Nicholas Alozie, a single man, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES The Judgment in this matter was entered by the Clerk of Court on August 24, 2005. On September 6, 2005 Plaintiff filed his Motion for Attorney's Fees. Thereafter Plaintiff's counsel was responded to Defendant's Motion for New Trial and was in fact out of town for previously scheduled Plaintiff Nicholas Alozie, by and through his undersigned counsel, hereby requests a brief extension of time to file his Memorandum in Support of Plaintiff's Motion for Attorney's Fees and Related Non-Taxable Costs. Plaintiff further requests an expedited ruling of this motion. This motion is supported by the attached Memorandum of Points and Authorities. ) NO. CIV'02 2639 PHX SRB ) ) Plaintiff, ) PLAINTIFF'S EMERGENCY MOTION FOR ) EXTENSION OF TIME TO FILE vs. ) ) MEMORANDUM IN SUPPORT OF MOTION ) FOR AWARD OF ATTORNEY'S FEES AND The Mills Corporation, a foreign corporation; ) RELATED NON-TAXABLE COSTS MillsServices Corp., a foreign corporation; and ) Arizona Mills, L.L.C., a foreign corporation, ) ) (Before The Honorable Susan R. Bolton) ) Defendants, ) ) )

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business matters on two occasions in September 2005 for a combined period of eight (8) days. Furthermore, Plaintiff's counsel's office inadvertently or mistakenly calendared the filing of the Memorandum in Support of his Motion for Attorney's Fees for Monday, November 7, 2004 instead

4 5 6 7 8 9 Plaintiff's counsel reviewed the Rules and realized that his office mistakenly calendared the filing 10 11 12 13 14 15 16 17 18 19 20 time to file his Memorandum in Support of his Motion for Attorney's Fees. 21 22 23 24 25 26 Support of Attorney's Fees by fourteen (14) days or for 60 days from the filing of the Motion for 27 28 Attorney's Fees instead of 60 days from the entry of Judgment. Pursuant to Rule 6(b) Federal Rules of Civil Procedure, this Court has broad discretion to grant Plaintiff's Motion for a brief extension of time to file his Memorandum in Support of his Motion for Attorney's fees and Related Non-Taxable Costs. Due to inadvertence, mistake or excusable neglect, Plaintiff's counsel's office mistakenly calendared the filing of the Memorandum in and during that telephone conversation, Plaintiff's counsel requested a stipulation for extension of time to file Plaintiff's Memorandum in Support of Attorney's Fee, but Defendants' counsel would not consent to such stipulation without his clients' consent and thus indicated that he will discuss the matter with his clients. To avoid any more delay, Plaintiff hereby files this Motion for extension of date for the filing of Plaintiff's Memorandum in Support of his Motion for Attorney's Fees. On October 26, 2005, two days after the filing date, Plaintiff's counsel realized the mistake or inadvertence regarding the calendaring of the filing date. Plaintiff's counsel and Defendants' lead counsel once again discussed the issue of Plaintiff's claim for Attorney's Fees on October 26, 2005 of Monday, October 24, 2005. Mistakenly believing that the Memorandum in Support of Attorney's Fees is due on Monday November 7, 2005, Plaintiff's counsel telephone Defendants' counsel on October 25, 2005 for consultation regarding attorney's fees as required by Local Rule 2.20(d)(1). On October 26, 2005

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Local Rule 2.20(b)(2) provides for filing the Memorandum in Support of Attorney's Fees within 60 days of the entry of judgment unless otherwise ordered by the Court. Local Rule 2.20(b)(4) states that the time period prescribed in Local Rule 2.20 are to be computed in accordance with Rule

4 5 6 7 8 9 10 11 12 13 14 15 16 17 Costs. 18 19 20 21 22 23 the judicial proceedings in this case. The parties have litigated this case for several years and during 24 25 26 27 28 the course of this litigation Plaintiff's counsel's office has not requested such a brief delay on grounds of mistake, inadvertence or excusable delay without a stipulation of the parties. The parties have been actively pursuing post-trial motions and there is no lack of diligence on the part of In view of the status of this case, including the post-trial motions for new trial filed by both parties and the responses and replies filed thereof, a seven (7) days brief extension to file Memorandum in Support of Attorney's Fees will certainly not prejudice the Defendants. Furthermore, the length of this delay does not have any prejudicial effect or impact on the course of timely filed his Motion for Attorney's Fees within 14 days from the entry of the Judgment. The Memorandum in Support of Attorney's Fees was due Monday October 24, 2005, however due to the inadvertence, mistake or excusable neglect, Plaintiff is seeking a seven (7) days brief extension in which file his Memorandum in Support of his Motion for Attorney's Fees and Related Non-Taxable 6, Federal Rules of Civil Procedure. Rule 6(b) Federal Rules of Civil Procedure provides as follows: When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a a by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them. Pursuant to Rule 54(d)(2), Federal Rules of Civil Procedure, and Local Rule 2.20(b), Plaintiff

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Plaintiff. This motion is made in good faith by Plaintiff's counsel and not for the purpose of unnecessary delay. A denial of this Motion for brief extension of time to file a Memorandum in Support of

4 5 6 7 8 9 timely due to inadvertence, mistake or excusable neglect or due to his attorney's office staff's 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// BY_ SABINUS A. MEGWA 6811 South Central Ave. Phoenix, Arizona 85042 Attorney for Plaintiff THE MEGWA LAW OFFICE RESPECTFULLY submitted this 26th day of October 2005. seven (7) days to file his Memorandum in Support of his Motion for Attorney's Fees by no later than Monday October 31, 2005. calendaring the filing date from the date of filing his Motion for Attorney's Fees instead of the date of the entry of the judgment. Given the history of this litigation, the nature of the mistake or inadvertence, the post trial motions, responses and replies and the brief extension of time requested herein, Plaintiff believes that good cause exists to grant his requests for a brief extension of time of Plaintiff's Motion for Attorney's Fees would be harsh on Plaintiff and it would cause severe hardship to Plaintiff. In the interest of justice, Plaintiff requests a brief extension of time to file his Memorandum in Support of his Motion for Attorney's Fees and Related Non-Taxable Costs. Plaintiff timely filed his Motion for Attorney's Fees but was unable to file his Memorandum

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Original of the foregoing document Electronically transmitted to the Clerk of Court's Office using CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants on this 26th_day of October 2005, to: Shelton L. Freeman, Esq. Michael A, Cordier, Esq. Lisa Ann Smith, Esq. DeConcini, McDonald, Yetwin & Lacy, P.C. 7310 North Sixteenth Street, Suite 330 Phoenix, AZ 85020 Attorneys for Defendants /s/ Sabinus A. Megwa

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