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

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Christopher R. Kaup, Esq. State Bar No. 014820 Andrew M. Ellis, Esq. State Bar No. 018326
Third Floor Camelback Esplanade II 2525 East Camelback Road PHOENIX, ARIZONA 85016B4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103

Counsel for Biltmore Associates, Trustee of the Visitalk.com Creditors' Trust UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, vs. PETER THIMMESCH and CYNTHIA THIMMESCH, husband and wife; MICHAEL O'DONNELL and MARSHA O'DONNELL, husband and wife; et al., Defendants. Case No. 2:02-cv-02405-HRH MOTION TO EXTEND DEADLINE FOR PLAINTIFF TO FILE OBJECTION TO SNELL & WILMER'S MOTION TO STRIKE DESIGNATIONS OF WITNESSES HOFFMAN, YORK, TRUESDELL, FREED, LOVE, TURLEY AND MAYO (First Request) (Assigned to the Honorable H. Russel Holland)

Biltmore Associates ("Biltmore" or "Plaintiff"), through counsel undersigned, hereby moves for an Order extending the deadline to file a response to Snell & Wilmer's Motion to Strike Designations of Witnesses Hoffman, York, Truesdell, Freed, Love, Turley and Mayo ("Motion") that was filed on January 25, 2008. The Court originally set January 31, 2008 at 12:00 p.m., as the deadline for Plaintiff to respond to the Motion.

11400-002/360845 Case 2:02-cv-02405-HRH

Document 441 -1-Filed 01/31/2008

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Plaintiff has been diligently working to extract e-mails regarding the potential witnesses; however, Counsel for the plaintiff has had several road blocks that it has had to overcome in the extraction process. In addition, counsel's secretary has been out of the office with an unexpected illness of her infant child. As such, counsel undersigned

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has not yet been able to finish reviewing and analyzing the correspondence that was exchanged regarding this matter. Counsel for Plaintiff will complete his analysis and be able to file a response to the motion to the matter by Friday, February 1, 2008 at 12:00 p.m. It is reasonable and appropriate to extend this deadline to February 1, 2008. None of the parties will be prejudiced by this extension and it will not impact the scheduled trial date of March 3,

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11400-002/360845 Case 2:02-cv-02405-HRH

2008. RESPECTFULLY SUBMITTED January 31, 2008.
TIFFANY & BOSCO, P.A.

By: __/s/ AME #018326________________________ Christopher R. Kaup Andrew M. Ellis Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237 Counsel for Biltmore Associates, Trustee of the Visitalk.com Creditors' Trust

Document 441 -2-Filed 01/31/2008

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