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

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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 MOTION TO EXTEND DEADLINE FOR FILING DISPOSITIVE MOTIONS ONLY AS TO CLAIMS AGAINST PETER THIMMESCH (Assigned to the Honorable H. Russel Holland)

Plaintiff Biltmore Associates, as the Trustee for the Visitalk Creditors' Trust moves for an extension of the deadline for the filing of dispositive motions only as to its claims against Peter Thimmesch for a period of just three days. Plaintiff does not propose to modify the deadline for the filing of any other motions relating to any other defendant or any other pretrial dates. /// ///

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1.

Plaintiff and Defendant Snell & Wilmer, LLP, have conducted depositions of four

expert witnesses during the last 30 days which have consumed a substantial amount of the resources of Plaintiff and its counsel. 2. Since July of 2005, the parties have deposed approximately twenty-nine

witnesses, in several cities, many of which have lasted eight hours or more and covered two or more sessions. The result is a mammoth amount of deposition testimony to review in order to prepare dispositive motions in this case. 3. Plaintiff intends to file a Motion for Summary Judgment as to its claims against

9 Defendant Peter Thimmesch. Counsel undersigned has not yet been able to complete that 10 11 12 13 14 15 16 17 18 19 20 21 22 23 in this case and is not seeking an extension for the purposes of delay. A three day of extension 24 of the due date for Plaintiff to file its dispositive motion as to the claims against Mr. Thimmesch 25 26 only will not unnecessarily protract this litigation or prejudice any party, including Mr. motion, the accompanying Statement of Facts and related affidavits. There is an extremely large volume of documents and deposition testimony (tens of thousands of pages) in this case bearing on the issues which will be before the Court at summary judgment on the claims against Mr. Thimmesch. In addition, there are a number of complex legal issues which will be covered in the dispositive motion on those claims. 4. Plaintiff is attempting to ensure that the Motion for Summary Judgment on the

claims against Mr. Thimmesch is as clear and succinct as possible while fully covering the facts and legal issues. Due to the number of pages of documents and testimony and the work by

Counsel undersigned on the expert depositions in this case, Plaintiff needs an additional three days to complete the preparation of its dispositive motion and related documents only as to its causes of action against Peter Thimmesch. 5. Plaintiff has diligently pursued and has now completed exhaustive fact discovery

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Thimmesch. Granting such a limited extension will not have any impact on any other pretrial dates in this case. For all foregoing reasons, Biltmore Associates respectfully requests that the Court enter its Order extending only the deadline for it to file its dispositive motion as to its claims against Peter Thimmesch for three days to June 7, 2007. RESPECTFULLY SUBMITTED this 4th 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 4th of June, 2007.

and copies mailed via U.S. First Class Mail this 4th 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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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 Gillmore

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