Free Motion to Set Aside - District Court of Arizona - Arizona

l Paul E. Steen, #011lll
GOLSTON KEISTER & STEENQ PLC
2 4500 South Lakeshore Drive, Suite 570
3 Tempe, Arizona 85282-7057 p
Telephone:(480) 777-8200
4 Facsimile:(480) 777-8255
5 Attorney for Plaintiff
6 1 IN THE UNITED STATES DTSTRICT COURT
/ DISTRICT OF ARIZONA
8
DAVID H. BUSCH, JR., t
9 Case No. CIV-04-0425-PHX-PGR
10 Plaintiff,
MOTION TO SET ASIDE
ll VS' JUDGMENT
SEAHAWK SOFTWARE DEVELOPMENT,
12 L.L.C., an Arizona limited liability company; (Assigned to Hona pan; G_
13 RUSSELL T. BULLOCK and JANE DOE Rosgnblatt)
BULLOCK, husband and wife, ¥
l4
Defendants.
ii 11:**** l
10 Plaintiff, by and through undersigned counsel, Paul E. Steen, today received the
l7
18 Court’s Order and Opinion dated January 5, 2006 dismissing this action in its entirety
19 without prejudice pursuant to Rule Fed.R.Civ.P. 4l(b). Further, plaintiff, by and through its
20 counsel undersigned, today received the related Judgment in a Civil Case dismissing this
21 matter, dated January 6, 2006.
22
First, counsel deeply regrets the effort expended by the Court in preparing its Order
23
24 and Opinion and related Judgment in a Civil Case.
25 l Second, pursuant Rule 60, excusahle neglect exists in that counsel prepared the draft I
26 I memorandum by the required date and while completing it, unfortunately, on December 22, J
27 suffered a massive heart attack causing a three night hospital stay and recovery. Counsel is
28 1 1
M Case 2:O4—cv—OO425—PGR Document‘25 Filed O1/06/2006 Page 1 of 2 t 2

] now back at the office and avows that he will file the required Memorandum in Support of
2 its Motion for Default by January 16, 2006, if the Court so permits.
3 1 RESPECTFULLY submitted this 6th day of January, 2006. 1
4 G0LSTG1‘v KHSTER & STEEM P. C
ell l
6 11 /Lv/ Patti E. Steen #01 1 1 I 1 1
7 Paul E, Steen
Attorneys for plaintiff 1
9 COPY of the foregoing mailed
10 this 6th day of January, 2006 to:
11 Russell T. Bullock
2022 North Nevada Street, #109S
12 Chandler, Arizona 85225 8
13
Seahawk Software Development, LLC
14 2141 East Magnolia Street
15 1 Phoenix, Arizona 85034 1
16 ‘ 1
/s/ Rachel Hogan
17
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21 j
22 A
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Case 2:04-cv-00425-PGR

Document 25

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Case 2:04-cv-00425-PGR

Document 25

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