Free Motion for Extension of Time to File Answer - District Court of Arizona - Arizona

O SBORN MALEDON
A P ROF E SS IO NA L A S S OC IA T I O N A T T OR NEY S A T LA W

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The Phoenix Plaza 21st 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 [email protected] [email protected] (602) 640-9000 Attorneys for Global Missions and El Shaddai Ministries

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK, Plaintiff/Counterdefendant v. 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 husband and wife, Defendants/Counterclaimants.
Case 2:04-cv-00595-MHM Document 89 Filed 01/20/2006 Page 1 of 3

No. CIV-04-595-PHX-MHM DEFENDANT EL SHADDAI'S MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT

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Defendant El Shaddai Ministries and His Successors ("El Shaddai") requests that the Court grant it a two-week extension to respond to the Second Amended Complaint. El Shaddai was apparently served with the Second Amended Complaint in late December, but for reasons unknown to El Shaddai, the registered agent for El Shaddai did not notify El Shaddai until January 18, 2005, earlier this week, that El Shaddai had been served with the Second Amended Complaint. Because a response to the Second Amended Complaint was due virtually immediately, El Shaddai filed a Motion to Dismiss with the Court. The next day, on January 19, 2006, El Shaddai retained undersigned counsel. El Shaddai has filed today a notice that it is withdrawing its Motion to Dismiss, and we request a two-week extension to respond to the Second Amended Complaint. Counsel, who have only recently been retained, need additional time to respond to the Second Amended Complaint. Plaintiff will suffer no prejudice as a result of the extension because none of the other newly added defendants have been served (at least there have been no other affidavits of service filed) and Defendant Global Mission has filed a motion to vacate the existing scheduling deadlines in light of the fact that additional defendants have been named in the Second Amended Complaint.1 For the reasons stated above, we request that the Court grant El Shaddai a twoweek extension to respond to the Second Amended Complaint, and that El Shaddai's response be filed on or before February 3, 2006.

We left two phone messages for Plaintiff's counsel requesting that Plaintiff agree to the requested extension, but we received no return phone call, which necessitated the filing of this motion.
Case 2:04-cv-00595-MHM Document 89

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Filed 01/20/2006

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DATED this 20th day of January, 2006. OSBORN MALEDON, P.A.

By s/Debra A. Hill Debra A. Hill Ronda R. Fisk 2929 North Central, Suite 2100 Phoenix, Arizona 85012-2794 Attorneys for Global Missions and El Shaddai Ministries CERTIFICATE OF SERVICE I hereby certify that on January 20, 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: · Jeremy Scott Geigle · Bradley D. Weech I hereby certify that on January 20, 2006, I served the attached

17 document by first-class mail on the Honorable Mary H. Murguia, United States 18 District Court, Sandra Day O'Connor U.S. Courthouse, Suite 525, 401 West 19 Washington Street, SPC 53, Phoenix, Arizona 85003-2154. 20 I hereby certify that on January 20, 2006, I served the attached 21 document by first-class mail on the following, who are not registered participants of 22 the CM/ECF System: 23 24 25 26 27 28
1164297_1

Joseph L. Williams 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580

s/Karen L. McClain -3-

Case 2:04-cv-00595-MHM

Document 89

Filed 01/20/2006

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