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 MOTIONS REGARDING KNOWN EVIDENTIARY ISSUES (First Request) (Assigned to the Honorable H. Russel Holland)

Biltmore Associates ("Biltmore"), through counsel undersigned, hereby moves for
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11400-002/357582.1 Case 2:02-cv-02405-HRH

an Order extending the deadline to file motions regarding known evidentiary issues. The Court originally set November 26, 2007, as the deadline for the parties to file motions regarding known difficult evidentiary matters. That date, along with certain other pretrial dates, was extended by stipulation of the parties and agreement of the court to December 17, 2007.

Document 419 -1-Filed 12/17/2007

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A possible evidentiary issue which may require a motion and order by the Court recently has arisen as a result of Counsel undersigned's review of proposed revisions to the Joint Statements of Issues and Facts received from Counsel for Snell & Wilmer and a review of pleadings and other documents in this case. Counsel undersigned has not yet

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been able to finish reviewing and analyzing that matter due to the other work necessary to complete the Joint Statements and Lists of Witnesses and Exhibits. Counsel for Plaintiff will complete his analysis of the possible issue and be able to file a motion to address the matter by Monday, December 24, 2007. It is reasonable and appropriate to extend this deadline to December 24, 2007. The parties have agreed to continue the due date for other matters from December 17 to December 19. None of the

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11400-002/357582.1 Case 2:02-cv-02405-HRH

parties will be prejudiced by this extension and it will not impact the scheduled trial date of March 3, 2008. RESPECTFULLY SUBMITTED December 17, 2007.
TIFFANY & BOSCO, P.A.

By: __/s/ CRK 014820________________________ 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 419 -2-Filed 12/17/2007

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