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

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BEUS GILBERT PLLC
ATTORNEYS AT LAW

4800 NORTH SCOTTSDALE ROAD SUITE 6000 SCOTTSDALE, ARIZONA 85251 TELEPHONE (480) 429-3000

Leo R. Beus/002687 ­ [email protected] Scot C. Stirling/005757 ­ [email protected] Steven E. Weinberger/015349 ­ [email protected] Kevin Breger/021004 ­ [email protected] Attorneys for Individual Plaintiffs and Trustee

STEVE BROWN & ASSOCIATES, LLC
1440 EAST MISSOURI, STE. 185 PHOENIX, ARIZONA 85014-2412 TELEPHONE (602) 264-9224

Steven J. Brown/010792 Co-Counsel for Trustee UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DIANE MANN, as Trustee for the Estate of LeapSource, Inc., CHRISTINE V. KIRK, et al., Plaintiffs, vs. GTCR GOLDER RAUNER, L.L.C.; et al., Defendants.
Case No.: CIV-02-2099-PHX-RCB

PLAINTIFFS' MOTION TO EXTEND THE TIME FOR THEIR RESPONSE TO K&E MOTION FOR SUMMARY JUDGMENT RE VICARIOUS LIABILITY BY ONE DAY (First Request)

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MICHAEL MAKINGS, Counterclaimant,

3 vs. 4 5 6 7 Pursuant to Rule 6(b)(2), Fed. R. Civ. Pro., the Plaintiffs respectfully ask the Court to 8 extend the time for filing and serving the Plaintiffs' Response to the K&E Motion for 9 10 11 12 13 14 15 16 17 18 (without first printing to "Adobe PDF") resulted in the computer "hanging up" or "freezing" 19 20 21 22 23 24 25 without saving the document as a pdf file. After more than a dozen attempts to convert the Word file to pdf format, continuing until past midnight, the Plaintiffs' attorney determined that it was not possible to convert the document to pdf format for electronic filing, until the unexplained computer system problem could be diagnosed and solved. At 7:27 on the morning of October 12 (with no further input from anybody since after midnight), the document appeared in pdf format in the computer system. The Response was
H:\Leapsource\PLEADINGS\Motion to Extend Time for Response to K&E MSJ.doc

LEAPSOURCE, INC., et al., Counterdefendants.

Summary Judgment Re Vicarious Liability by one day. The Response was completed on Tuesday, October 11, and was attempted to be filed electronically on Tuesday night. As the result of a technical problem that has not yet been entirely understood or resolved, the Plaintiffs' attorney was unable to convert and save the Word document in the pdf format required for electronic filing. The computer system reported that there were "10 documents waiting" in the Adobe PDF Converter (actually the same document attempted to be printed and saved in pdf format 10 times), but the document did not print as a pdf file and could not be saved as a pdf file. Efforts to convert the Word file directly to a pdf file

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promptly filed after it was printed and confirmed to be uncorrupted. It is still not clear what kept the Adobe PDF Converter from printing and saving the Word document in pdf format until Wednesday morning, but the problem is being investigated and will be corrected when the cause of the problem is known. But for the unanticipated and still unexplained failure of the Adobe PDF Converter to save the Word document in pdf format, the Response to the K&E Motion for Partial Summary Judgment re Vicarious Liability would have been timely filed on Tuesday October 11. The Response has now been filed electronically and has been served on counsel for the

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H:\Leapsource\PLEADINGS\Motion to Extend Time for Response to K&E MSJ.doc

Defendants. The Plaintiffs respectfully ask that the Court extend the time for filing the Response to include Wednesday October 12, 2005, for the unusual circumstances and good cause demonstrated in the preceding paragraphs of this Motion. Dated this 12th day of October, 2005.

s/ Scot C. Stirling Leo R. Beus Scot C. Stirling Steven E. Weinberger Kevin Breger 4800 North Scottsdale Road Suite 6000 Scottsdale, AZ 85251 Attorneys for Individual Plaintiffs and Trustee

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STEVE BROWN & ASSOCIATES, LLC Steven J. Brown 1440 East Missouri, Suite 185 Phoenix, AZ 85014 Co-Counsel for Trustee

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CERTIFICATE OF SERVICE I hereby certify that on 12 October, 2005, 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: Kevin A. Russell David S. Foster Nicholas B. Gorga LATHAM & WATKINS LLP [email protected] [email protected] [email protected] Attorneys for Defendants GTCR Golder Rauner, LLC, GTCR Fund VI, LP, GTCR VI Executive Fund, LP, GTCR Associates VI, Joseph P. Nolan, Bruce V. Rauner, Daniel Yih, David A. Donnini and Philip A. Canfield Don P. Martin Edward A. Salanga QUARLES & BRADY STREICH LANG, LLP [email protected] [email protected] Attorneys for Defendants GTCR Golder Rauner, LLC, GTCR Fund VI, LP, GTCR VI Executive Fund, LP, GTCR Associates VI, Joseph P. Nolan, Bruce V. Rauner, Daniel Yih, David A. Donnini and Philip A. Canfield Merrick B. Firestone Veronica L. Manolio RONAN & FIRESTONE, PLC [email protected] [email protected] Attorney for Defendant Michael Makings

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Richard A. Halloran Jon Weiss LEWIS & ROCA, L.L.P. [email protected] [email protected] Attorneys for Defendants David Eaton and AEG Partners LLC John Bouma James R. Condo Patricia Lee Refo SNELL & WILMER LLP [email protected] [email protected] [email protected] Attorneys for Kirkland & Ellis Steven J. Brown STEVE BROWN & ASSOCIATES, LLC Co-Counsel for Trustee [email protected]

s/ Scot C. Stirling

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