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

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STEVEN W. DAVIS (Pro Hac Vice, Aug. 26, 2003) DAVID W. SHAPIRO, AZ BAR NO. 015295 ANN M. GALVANI (Pro Hac Vice, Sept. 29, 2003) JORGE SCHMIDT (Pro Hac Vice, March 17, 2005) BOIES, SCHILLER & FLEXNER, LLP 100 S.E. Second Street, Suite 2800 Miami, Florida 33131 Telephone (305) 539-8400 Facsimile (305) 539-1307 [email protected] Attorneys for Plaintiffs Marvin and Gloria Sapiro IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX DIVISION MARVIN SAPIRO and GLORIA SAPIRO, his wife, Plaintiffs, vs. SUNSTONE HOTEL INVESTORS, L.L.C., SUNSTONE HOTEL INVESTORS, L.P., Defendants. CASE NO. CIV 03 1555 PHX SRB ) ) ) ) ) ) ) UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO DEFENDANTS' ) MOTION IN LIMINE AND FOR ) SUMMARY JUDGMENT ­ SECOND ) REQUESTED EXTENSION ) ) ) )

Plaintiffs Marvin and Gloria Sapiro, pursuant to Fed.R.Civ. P. 6(b), respectfully request this Court to order a fifteen business day enlargement of time in which to respond to Defendants' pending Motion in Limine [DE 145] and Motion for Summary Judgment [DE 141] to February 13, 2006. Good cause exists to grant this unopposed motion in that: 1. The mediation scheduled for January 12, 2006 in Phoenix, with Joseph Epstein,

had to be rescheduled on January 10, due to the unexpected unavailability of counsel and of parties' representatives without whom mediation would not have been fruitful. The parties' counsel and Mr. Epstein are attempting to reschedule the mediation as soon as possible. In addition, Plaintiffs have made initial progress in compromising Medicare's claim out of Marvin Sapiro's recovery for medical expenses.

Case 2:03-cv-01555-SRB

Document 150

Filed 01/20/2006

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2.

The deposition of Dr. Nierenberg, Mr. Sapiro's treating physician, which was

scheduled to occur in the interim, had to be cancelled due to a death in Dr. Neirenberg's family. Dr. Nierenberg's testimony is important both to the mediation and, potentially, to the pending motions. The parties are also endeavoring to reschedule this deposition as soon as practicable. Their efforts are complicated by Dr. Nierenberg's residence in Mississippi. 3. Additionally, the deposition transcript of Dr. Teeters, Defendants' expert witness,

became available only on January 19, 2006; his testimony may also affect the issues raised in these motions. In sum, because the parties have been making steady progress towards resolving their dispute, it would further judicial economy for this brief extension to be granted. Respectfully submitted Dated: January 20, 2006 BOIES, SCHILLER & FLEXNER LLP Attorneys for the Plaintiffs Bank of America Tower, Suite 2800 100 S.E. 2nd Street Miami, FL 33131 Tel: (305) 539-8400 By: ____/s/ Steven W. Davis_____________ David W. Shapiro (AZ Bar No. 015295) Steven W. Davis (Fla. Bar No. 347442) Jorge Schmidt (Fla. Bar No. 781711) Boies, Schiller & Flexner, LLP Bank of America Tower, Suite 2800 100 S.E. 2nd Street Miami, FL 33131 Tel: (305) 539-8400 Of Counsel: Ann M. Galvani, Esq. Boies, Schiller & Flexner, LLP 333 Main Street

Case 2:03-cv-01555-SRB

Document 150

Filed 01/20/2006

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Case 2:03-cv-01555-SRB

Document 150

Filed 01/20/2006

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