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

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John J. Bouma (#001358) James R. Condo (#005867) Patricia Lee Refo (#017032) Joseph G. Adams (#018210) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 E-Mail: [email protected] Attorneys for Defendant Kirkland & Ellis IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Diane Mann, as Trustee for the Estate of LeapSource, Inc. et al., Plaintiffs, No. CIV 02-2099 PHX RCB MOTION TO EXTEND TIME FOR FILING DISPOSITIVE MOTION ARISING OUT OF PROPOSED EATON/AEG SETTLEMENT (Assigned to Hon. Robert C. Broomfield) (Third Request)

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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Snell & Wilmer L.L.P.

GTCR Golder Rauner, L.L.C.; a Delaware limited liability company, et al., Defendants.

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Defendant Kirkland & Ellis ("K&E") moves this Court to extend the time for filing any dispositive motion arising out of the proposed settlement among plaintiffs, David Eaton and AEG Partners, L.L.C. until five days after the Bankruptcy Court acts upon the pending Motion of Trustee and Plaintiffs to Approve Settlement with David Eaton and AEG Partners, L.L.C. ("the Motion to Approve"). The extension -- limited to those matters which might be raised by an order of the Bankruptcy Court approving the proposed settlement -- is appropriate because K&E cannot file any dispositive motion arising out of the settlement until and unless the settlement is approved. In support of this motion, K&E submits the following Memorandum of Points and Authorities. ... ... ...
Case 2:02-cv-02099-RCB Document 337 Filed 03/08/2006 Page 1 of 4

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

MEMORANDUM OF POINTS AND AUTHORITIES Two of the defendants, David Eaton and his financial consulting firm AEG Partners L.L.C. ("AEG"), have signed a settlement agreement with plaintiffs. They notified this Court on October 7, 2005 by filing a Notice of Settlement with David Eaton and AEG Partners. L.L.C. Three months later, on January 13, 2006, plaintiffs filed in the Bankruptcy Court their Motion of Trustee and Plaintiffs to Approve Settlement with David Eaton and AEG Partners, L.L.C., which attached a copy of the signed settlement agreement. (A copy of the motion is attached as Exhibit 1.) The Motion to Approve is necessary because the Chapter 7 Trustee, one of the plaintiffs in this action, requires Bankruptcy Court approval to enter into the settlement. On February 2, 2006, K&E timely filed a Reservation of Rights in the Bankruptcy Court, stating that any issues concerning the effect of the settlement on the claims being asserted against K&E would be brought to this Court if the Bankruptcy Court approved the settlement. The Bankruptcy Court has not yet ruled upon the Trustee's Motion to Approve. By its terms, the Eaton/AEG Settlement Agreement "is in all respects contingent upon entry of the Approval Order by the Bankruptcy Court . . . ." (Settlement Agreement, Exhibit A to Motion attached as Exhibit 1, at ¶ 2.) Thus, the settlement does not become effective or final until after the Bankruptcy Court rules. Until then, issues concerning the effect of the Eaton/AEG Settlement Agreement on the claims plaintiffs are asserting against K&E are not ripe to be presented to this Court. In an abundance of caution, K&E requests that this Court extend the deadline for any dispositive motion arising out of the Eaton/AEG Settlement Agreement until five days after the Bankruptcy Court enters its ruling on the Motion to Approve. ... ... ... ...

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Snell & Wilmer L.L.P.

Case 2:02-cv-02099-RCB

Document 337- 2 - Filed 03/08/2006

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DATED this 8th day of March, 2006. SNELL & WILMER L.L.P. By s/ Joseph G. Adams John J. Bouma James R. Condo Patricia Lee Refo Joseph G. Adams Attorneys for Kirkland & Ellis CERTIFICATE OF SERVICE

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

I hereby certify that on March 8, 2006, I electronically transmitted the attached document 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: Leo R. Beus Scot C. Stirling Beus Gilbert, PLLC 4800 North Scottsdale Road Scottsdale, AZ 85251 Attorneys for Plaintiffs Don P. Martin Edward A. Salanga Quarles & Brady Streich Lang, LLP Two North Central Phoenix, AZ 85004-2391 Attorneys for GTCR Defendants and Defendants Nolan, Rauner, Yih, Donnini and Canfield David S. Foster Latham & Watkins, LLP Sears Tower, Suite 5800, 233 South Wacker Drive Chicago, IL 60606 Attorneys for GTCR Defendants and Defendants Nolan, Rauner, Yih, Donnini and Canfield Merrick B. Firestone Ronan & Firestone, P.L.C. 649 North Second Avenue Phoenix, AZ 85003 Attorneys for Michael Makings Foster Robberson Richard A. Halloran Lewis and Roca LLP 40 N. Central Avenue Phoenix, AZ 85004-4429 Attorneys for David L. Eaton and AEG Partners LLC
Case 2:02-cv-02099-RCB Document 337- 3 - Filed 03/08/2006 Page 3 of 4

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Snell & Wilmer L.L.P.

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1802475

Steven J. Brown Steve Brown & Associates, L.L.C. 1440 E. Missouri, Suite 185 Phoenix, AZ 85014-2412 Attorneys for Plaintiff Diane Mann, as Trustee for the Estate of LeapSource, Inc.

s/ Joseph G. Adams

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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Snell & Wilmer L.L.P.

Case 2:02-cv-02099-RCB

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