Free Motion for Leave to File Excess Pages - District Court of Arizona - Arizona

Christopher R. Kaup State Bar No. 014820 Jeffrey A. Sandell State Bar No. 020658
Third Floor Camelback Esplanade II 2525 East Camelback Road PHOENIX, ARIZONA 85016-4237 TELEPHONE: (602) 255-6024 FACSIMILE: (602) 255-0103

Counsel for Biltmore Associates, Trustee of the Visitalk Creditors' Trust

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, v. PETER THIMMESCH and CYNTHIA THIMMESCH, husband and wife; MICHAEL O'DONNELL and MARSHA O'DONNELL, husband and wife; et al., Defendants.

Case No. 02-2405-PHX-HRH PLAINTIFF'S MOTION TO EXCEED PAGE LIMITATION (Assigned to the Honorable H. Russell Holland)

Plaintiff Biltmore Associates, as the Trustee for the Visitalk Creditors' Trust, hereby moves the court for an Order allowing Plaintiff to exceed the page limitation of 17 pages with respect to its Response to Defendant Snell & Wilmer's Motion for Summary Judgment filed on June 4, 2007. Counsel for Biltmore Associates agrees with Snell & Wilmer that this is an extremely complicated matter with numerous legal issues raised. Biltmore Associates cannot adequately respond to all of the issues presented by Snell & Wilmer in its 35-page
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Motion for Summary Judgment in a 17-page Response. Rather, Biltmore Associates respectfully requests permission to file a Response to Snell & Wilmer's Motion for Summary Judgment of not more than 35 pages. A form of Order is submitted herewith.
RESPECTFULLY SUBMITTED this 6th day of June, 2007.

TIFFANY & BOSCO, P.A.

By: ___/s/ C.R.K. #014820____________ Christopher R. Kaup, Esq. Jeffrey A. Sandell, Esq. Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237 Counsel for Biltmore Associates, Trustee of the Visitalk Creditors' Trust

ORIGINAL of this pleading electronically filed with the Court on this 6th day of June, 2007.

and copies electronically mailed this 6th day of June, 2007, to:

Timothy J. Thomason Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 N. Central Avenue, Suite 200 Phoenix, AZ 85012 Attorneys for Defendant Snell & Wilmer, LLP

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and copies to be mailed via U.S. First Class Mail on the __th day of June, 2007, to: Peter Thimmesch 11337 Stonehouse Place Potomac Falls, VA 20165-5123 Pro Per Vern Schweigert Biltmore Associates 1121 E. Missouri Avenue #100 Phoenix, AZ 85014 Creditors' Trustee Dean M. Dinner, Esq. JENNINGS, HAUG & CUNNINGHAM, LLP 2800 North Central Avenue, Suite 1800 Phoenix, Arizona 85004-1049

__/s/ Sara Gillmore________________________ Sara Gilmore

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, v. PETER THIMMESCH and CYNTHIA THIMMESCH, husband and wife; MICHAEL O'DONNELL and MARSHA O'DONNELL, husband and wife; et al., Defendants.

Case No. 02-2405-PHX-HRH ORDER TO EXCEED PAGE LIMITATION

The Court, having received the Motion from Plaintiff Biltmore Associates, as trustee for the Visitalk Creditors' Trust, to Exceed Page Limitation, and good cause appearing, IT IS HEREBY ORDERED the Plaintiff Biltmore Associates may file a Response to Defendant Snell & Wilmer's Motion for Summary Judgment with a Supporting Memorandum of not more than 35 pages.

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Case 2:02-cv-02405-HRH