Free Motion to Amend/Correct - District Court of Arizona - Arizona

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The Phoenix Plaza 21 st Floor 2929 North Central Avenue Phoenix, Arizona 85012-2794 P.O. Box 36379 Phoenix, Arizona 85067-6379 Telephone Facsimile 602.640.9000 602.640.9050

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Debra A. Hill, 012186 Ronda R. Fisk, 022100 OSBORN MALEDON, P.A. 2929 North Central Avenue Suite 2100 Phoenix, Arizona 85012-2794 (602) 640-9000 Attorneys for Defendants Global Missions UN Limited and Joseph L. Williams

IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK, Plaintiff/Counterdefendants

No. CIV-04-595-PHX-MHM MOTION TO AMEND RULE 16 SCHEDULING ORDER

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v.
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AMBASSADOR OF GLOBAL MISSIONS UN LIMITED HIS SUCCESSORS, A CORPORATION SOLE, a Nevada corporation sole; EL SHADDAI MINISTRIES AND HIS SUCCESSORS, A CORPORATION SOLE, a Nevada Corporation; SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES, a California corporation; BISHOP OF FAITH VISION NOBLE HOUSE AND HIS SUCCESSORS, A CORPORATION SOLE, a California corporation; JOSEPH L. WILLIAMS and MONICA C. CISNEROS, as husband and wife; WILLIAM JOE LITTLE, MICHAEL CAMBRA and GLORIA CAMBRA, as husband and wife; JOEL DAVID and CINDY DAVID, as husband and wife; KEITH AARON VANN and TRISHA VANN, as husdand and wife, Defendants/Counterclaimants.

Case 2:04-cv-00595-MHM

Document 84

Filed 01/11/2006

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Defendant Ambassador of Global Missions UN Limited, a Corporation Sole ("Global Missions") hereby moves the Court to amend the Court's Scheduling Order dated August 19, 2005, (Dkt. 63), and set new dates for completion of discovery and dispositive motions. Per the Court's Scheduling Order, all discovery must be completed by February 13, 2006, and all dispositive motions must be filed by March 30, 2006. Defendant Global Missions believes that good cause exists to amend these dates because Plaintiff recently filed a Second Amended Complaint and a number of the newly named defendants, who are critical to the resolution of the case, have not yet been served or answered. On September 28, 2005, following the entry of the Scheduling Order, Plaintiff filed a motion for leave to amend the First Amended Complaint. (Dkt. 67.) The Court granted the motion and Plaintiff filed a Second Amended Complaint on November 10, 2005, adding a number of new defendants and an additional claim for relief. (Dkt. 69.) According to the Court's docket, only Defendants Global Missions and Joseph L. Williams have been served with the Second Amended Complaint. Plaintiff has until March 10, 2006, to serve the remaining defendants. Clearly once the new defendants are served and answer, there will need to be an additional discovery period. Defendant Global Mission wishes to obtain discovery from a number of these newly-added defendants, and the previously agreed-to deadlines for discovery and the filing of dispositive motions no longer make sense under the circumstances. For these reasons, Defendant Global Missions respectfully requests that the Court vacate the February 13, 2006 discovery deadline and the March 30, 2006 dispositive motion deadline. Once all parties have been served and have answered, we suggest that the Court schedule a status conference with all parties and their counsel so that new scheduling deadlines can be established.

1152380

Case 2:04-cv-00595-MHM

Document 84

Filed 01/11/2006

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DATED this 11th day of January, 2006. OSBORN MALEDON, P.A.

By s/Ronda R. Fisk Debra A. Hill Ronda R. Fisk 2929 North Central, Suite 2100 Phoenix, Arizona 85012-2794 Attorneys for Defendants Global Missions UN Limited and Joseph L. Williams

I hereby certify that on January 11, 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:
Bradley D. Weech Jeremy S. Geigle Jackson White 40 N. Center Street, Suite 200 Mesa, AZ 85201 Attorneys for Plaintiff/Counterdefendant [email protected] [email protected]

s/ Lindsay B. Jensen

1152380

Case 2:04-cv-00595-MHM

Document 84

Filed 01/11/2006

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