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 STIPULATED MOTION TO EXTEND DISCOVERY DEADLINES (Assigned to the Honorable H. Russel Holland)

Plaintiff Biltmore Associates, at the Trustee for the Visitalk Creditors' Trust, and Defendant Snell & Wilmer stipulate and jointly move to extend the discovery cut-off date until August 31, 2006, solely for the purpose of taking the depositions of witnesses identified below and other pretrial deadlines in this case by a period of 26 days for the following reasons: 1. Counsel for Plaintiff and Counsel for Snell & Wilmer have been reviewing

recently a large volume of e-mail recovered from a computer hard drive by a computer forensics and data recovery company in the late summer of 2005.

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2.

Pursuant to the authority granted by the Court's Order, the Plaintiff filed its

Second Amended Complaint on November 30, 2005 and Defendant Snell & Wilmer timely filed an Answer to the Second Amended Complaint on December 12, 2005. The parties have

continued with discovery on the matters pled in the Second Amended Complaint and the denials of Snell & Wilmer contained in its Answer thereto. 3. The documents that have thus far been exchanged in this case, including

electronic material, are extremely voluminous, and therefore the parties reasonably believe that more extensive discovery will be necessary than what was projected during the earlier stages of

9 this matter. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 6. 24 resolve claims and narrow the issues to be tried. During the last six months, a number of 25 26 stipulations resulting in stipulated judgments against several parties were submitted to and Plaintiff also diligently negotiated with a number of defendants to consensually 4. During the last six months, numerous depositions of critical witnesses have been

taken by the parties, including depositions in Washington, D.C. and Chicago. Several other depositions have been noticed and set by Plaintiff and Snell & Wilmer. However, several of those witnesses are not able to appear for their depositions prior to the current discovery cut off date of July 31, 2006. 5. The moving parties have diligently pursued discovery. Many depositions of

parties and nonparty witnesses have been taken. Interrogatories and other written discovery have been propounded and responded to by Plaintiff and Snell & Wilmer. Voluminous documents have been exchanged. The moving parties reasonably believe that additional time is necessary to complete discovery, and are not seeking an extension for the purpose of a delay. Indeed, the moving parties do not believe an extension of the discovery time will unnecessarily protract this litigation or prejudice any party.

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entered by the Court. These settlements have reduced significantly the large number of complex issues to be litigated and eventually tried in this case. 7. Counsel for Plaintiff and counsel for Snell & Wilmer have personally consulted

regarding the proposed extension, and have reached an agreement regarding the extension after such personal consultation. For all foregoing reasons, the moving parties jointly and respectfully request that the Court enter its Order extending the discovery cut-off date until August 31, 2006, and other pretrial deadlines in this case by a period of 26 days to allow the depositions of the following witnesses: Joseph Richardson

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Giles Sommerville Steve Del Bianco Cindy Thimmesch Rick Rothwell Amanda Turley RESPECTFULLY SUBMITTED this 31st day of July, 2006.

TIFFANY & BOSCO, P.A. /s/ C.R.K. #014820 By: ____________________________________ 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

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MARISCAL, WEEKS, McINTYRE & FREIDLANDER, P.A. /s/ Scot Claus By: ____________________________________ Timothy Thomason Charles S. Price Mariscal, Weeks, Mcintyre & Friedlander, P.A. 2901 N. Central Avenue, Suite 200 Phoenix, AZ 85012 Attorneys for Defendant Snell & Wilmer, LLP ORIGINAL of this pleading electronically filed with the Court on this 31st of July, 2006.

and copies electronically mailed this 31st day of July, 2006, to:

Gary L. Birnbaum Timothy J. Thomason Scot Claus Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 N. Central Avenue, Suite 200 Phoenix, AZ 85012 Attorneys for Defendant Snell & Wilmer, LLP Joseph E Mais Perkins Coie Brown Bain P.A. PO Box 400 Phoenix, AZ 85001-0400 Attorneys for Defendant Michael and Marcia O'Donnell

and copies mailed via U.S. First Class Mail this 31st day of July, 2006, to: Peter Thimmesch 11337 Stonehouse Place Potomac Falls, VA 20165-5123 Pro Per

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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/ Janice Titgen __________________________________

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