Free Motion to Continue - District Court of Arizona - Arizona

I LAW OFFICES
RONAN & FIRESTONE, PLC E
2 9300 E. RAINTREE DRIVE, SUITE 120 g
SCOTTSDALE, ARIZONA 85260
3 (480) 222·9100 2
Merrick B. Firestone, SB #012138
4 Veronica L. Manolio, SB #020230
Attorneys for the Nelcela—Defendants
5
6 UNITED STATES DISTRICT COURT
7 IN AND FOR THE DISTRICT OF ARIZONA
8 Merchant Transaction Systems, Inc., No. 02-CV—l95·4 - PHX-l\/IHM
9 Plaintiff, NELCELA, INC., LEN CAMPAGNA
10 vs. AND ALEC DOLLARHIDE’S
EMERGENCY
1 1 Nelcela, Inc., an Arizona corporation; MOTION TO CONTINUE
L l Len Campagna, an Arizona resident; 1
12 Alec Dollarhide, an Arizona resident; . ?
Ebocom, Inc., a Delaware Corporation; (The Honorable Mary H. Murguia)
13 POST Integrations, Inc., an Illinois Corp.,
14 Dgfgndmltg (Expedited Ruling Requested)
And Related Counterclaims, Cross-Claims
15 and Third—Party Claims.
16 1
17 Nelcela, Inc., Len Campagna and Alec Dollarhide (collectively "Nelcela”) just received the
18 Court’s electronic Minute Order setting oral argument on Defendants’ Motion for Judgment as a .
19 Matter of Law and/or Motion for Judgment Notwithstanding the Verdict, or in the Alternative, 7
20 Motion for a new Trial for July l l, 2007 at 3 :00 p.m. Nelcela respectfully asks the Court to continue j
21 the oral argument for a brief period of time based on the following reasons:
22 l. Both counsel for Nelcela, Merrick Firestone and Veronica Manolio, are scheduled
23 to be out of state attending CLE by the SEA in San Diego, California for the week of July 9, 2007.
2 4 This CLE was pre-planned and has been paid in full, making cancellation a costly burden; and
2 5 2. Defendant/Counterclaimant Len Campagna wi shes to be present in person for the oral
26 argument but will also be out of state for one (l) week beginning July 8, 2007. 1
Case 2:02—cv—01954-IVIHIVI Document 542 Filed 07/06/2007 Page 1 of 3 1

1 Undersigned counsel has placed phone calls to each of the opposing counsel attempting to
2 get an agreement/ stipulation for a brief continuance, but she has unfortunately been unable to reach
3 anyone other than Ms. Demarchi (Lewis & Roca) thus far. Ms. Demarchi kindly agreed that she
4 would seek input but was unable to agree to a continuance without further discussion in her finn.
5 While undersigned is hopeful that all the other lawyers/parties will agree to a brief continuance, this
6 "Emergency" Motion is being filed immediately only so the Court is aware, in advance, ofthe travel
7 plans that begin this weekend. lf undersigned is able to reach an agreement among counsel today,
8 a supplement to this request will be immediately filed.
9 This Emergency Motion/Request is made in good faith and not for the purposes of delay.
10 RESPECTFULLY SUBMITTED this 6th day of July, 2007.
11 RONAN & FIRESTONE, PLC
12
/s/ Veronica L. Manolio
13 Merrick B. Firestone Q
Veronica L. Manolio ;
14 9300 E. Raintree Drive, Suite 120
Scottsdale, Arizona 85260
15 Attorneys for the Neleela Defendants
16 ORIGINAL filed electronically with the Clerk’s Office
and COPIES electronically transmitted to the following i
17 CM/ECF registrants this same date to:
18 Nicholas J. DiCarlo I
11Ql1QQ1`lOf(T>llI€dCp?flH11.CO11fI .
19 Local Counsel for Merchant Transaction Systems
20 William McKinnon
mai1{qDwil.li.a1nmckin.1roncom
21 Attorney for Merchant Transaction Systems
22 Peter D. Baird
baird a>1rlaw.com
23 Robert H. McKirgan
rmckir [email protected] t
24 Richard A. Halloran
Rhallorangaxltlawcorn
25 Kimberly Demarchi
K marchiaD1rla.vx¢.coni i
26 Attorneys for POST and Ebocom t
2
Case 2:02—cv—01954-IVIHIVI Document 542 Filed 07/06/2007 Page 2 of 3

1 George C. Chen
gcehengqgbgya a11cave.e0m 01* i
2 ecb e.c11e11 {Eby a12cave.ce111 2
3 Atmrmeysfor Lexcel, Inc.
4 By: /s/ Diana Renteria
5
6
7
1 8
9
10
11 1 1
12 » 2
13 7
14
15
19
20
21 I
22
23 ¥
25
26
Case 2:02-cv-01954-IVIHIVI Document 542 3 Filed 07/06/2007 Page 3 of 3

Case 2:02-cv-01954-MHM

Document 542

Filed 07/06/2007

Page 1 of 3

Case 2:02-cv-01954-MHM

Document 542

Filed 07/06/2007

Page 2 of 3

Case 2:02-cv-01954-MHM

Document 542

Filed 07/06/2007

Page 3 of 3