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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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 RESPOND TO MOTION TO EXCLUDE TESTIMONY OF MICHAEL WILLIAMS AND NON-DISCLOSED DOCUMENTS FILED BY DEFENDANT SNELL & WILMER (First Request) (Assigned to the Honorable H. Russel Holland)

Biltmore Associates ("Biltmore"), through counsel undersigned, hereby moves for an Order extending the deadline to file a response to the Motion to Exclude Testimony of Michael Williams and Non-disclosed Documents. Defendant Snell & Wilmer ("S&W") filed the Motion on November 26, 2007. Service of the Motion was made via electronic means pursuant to Rule 5(b)(2)(D), Federal Rules of Civil Procedure. Pursuant to Rule 7.2(c), Local Rules of Civil Procedure, and Rules 6(a) and 6(e), Federal Rules of Civil Procedure, the current deadline to file a response is ten (10) days from November 26, 2007, excluding intermediate Saturdays, Sundays and legal holidays, plus three (3) days,
11400-002/344060 Case 2:02-cv-02405-HRH

Document 416 -1-Filed 12/13/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

which is today, December 13, 2007. Nevertheless, today the Court entered an order granting the Motion. On December 4, 2007, Biltmore and S&W, by and through their undersigned counsel, stipulated and agreed that the deadline for Biltmore to respond to the Motion be extended to December 20, 2007. See the e-mail attached hereto as Exhibit A. Counsel for the Plaintiff apologizes for not informing the Court of the agreement earlier by filing a stipulation. Although Biltmore and S&W agreed to extend the deadline to December 20, 2007, Biltmore believes that it will be able to file its response to the Motion as early as Monday, December 17, 2007. None of the parties will be prejudiced by this extension and it will not impact the scheduled trial date of March 3, 2008. RESPECTFULLY SUBMITTED December 13, 2007.
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

11400-002/344060 Case 2:02-cv-02405-HRH

Document 416 -2-Filed 12/13/2007

Page 2 of 3

CERTIFICATE OF SERVICE Biltmore Associates v. Peter Thimmesch, et al. Case No. 2:02-cv-02405-HRH On December 13, 2007 I electronically transmitted the attached document(s) 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: Gary L. Birnbaum Timothy J. Thomason Scot L. Claus Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 N Central Ave Ste 200 Phoenix AZ 85012-2705 On December 13, 2007 I caused the attached document(s) to be served by first class mail on the following parties who are not registered participants of the CM/ECF System: NONE.

By:.

/s/ Andrew M. Ellis

.

Case 2:02-cv-02405-HRH

Document 416

Filed 12/13/2007

Page 3 of 3