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

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THE LAW OFFICES OF ROBERT M. COOK

Robert M. Cook (SBN 002628) Kip M. Micuda (SBN 011921) THE LAW OFFICES OF ROBERT M. COOK, PLLC Missouri Commons - Suite 185 1440 E. Missouri Avenue Phoenix, Arizona 85014 Telephone: (602) 285-0288 Facsimile: (602) 285-0388 E-mail: [email protected] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Robert A. Cuevas, Plaintiff, v. John Miranda, et al. Defendants. Plaintiff, by and through his undersigned attorney, hereby moves this Court for an enlargement of time to respond to Defendants' Motion to Dismiss. An extension of time is sought by Plaintiff's counsel for the following reason: During the morning of April 29, 2008, users of undersigned's Firm's computer network began experiencing some issues with the internal email. As the morning Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss Case No:2:04-cv-00476-PGR

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MISSOURI COMMONS - SUITE 185 1440 EAST MISSOURI PHOENIX, ARIZONA 85014

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progressed, users of the system began to experience intermittent interruptions of the email system, the word processing program and other software. By the time a technician, Jesse Graybill (phone 623-217-6319) appeared on the premises, the system was locked and no one could access the calendar, email or documents. Between the afternoon of April 29 and morning of April 30, 2008, Mr. Graybill concluded, after consultation with Dell, the computer and server manufacturer, that the server hard drive and back-up drive had crashed and needed to be replaced. Mr. Graybill discovered that virtually all documents and data
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Case 2:04-cv-00476-PGR

Document 54

Filed 05/09/2008

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being worked on at the time, or input into the system within the four to five days prior to April 29, 2008, would only be retrievable by using several specialized programs, if at all. To date, much of the Firm's electronic files remain inaccesible. Since May 6, 2008, Plaintiff's counsel has left two voices messages and sent one email to Defendants' attorney of record asking for his approval of an extension of time to respond to Defendants' Motion to Dismiss, but has received no response. Plaintiff respectfully requests that this Court grant an extension to file his response to Defendants' Motion to Dismiss until the close of business on May 27, 2008. RESPECTFULLY SUBMITTED this 9th day of May, 2008. THE LAW OFFICES OF ROBERT M. COOK, PLLC

THE LAW OFFICES OF ROBERT M. COOK

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By /s/
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MISSOURI COMMONS - SUITE 185 1440 EAST MISSOURI PHOENIX, ARIZONA 85014

Robert McConnell Cook, Sr. Robert McConnell Cook, Sr. Attorney for Plaintiff

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I certify that on this 9th day of May, 2008, I filed the foregoing document via CM/ ECF, with: The United States District Court District of Arizona COPY of the foregoing sent via facsimile and U.S. Mail this 9th day of May, 2008, to: Daniel R. Malinski, Esq. BURCH & CRACCHIOLO, PA PO Box 16882 Phoenix, Arizona 85011-6882 Facsimile: (602) 234-0341

By: /s/ Vicki L. Morgan Vicki L. Morgan

Case 2:04-cv-00476-PGR

Document 54

Filed 05/09/2008

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