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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Timothy A. Shimko (PRO HAC VICE) (OSBN 0006736) TIMOTHY A. SHIMKO & ASSOCIATES 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiffs, ) ) v. ) ) ) ) PAUL WOODCOCK, et al., ) ) Defendants. ) ___________________________________ ) SHIMKO & PISCITELLI, et al., CASE NO. CV-04-78-PHX-FJM

PLAINTIFF'S MOTION FOR LEAVE UNTIL AUGUST 13, 2008 T0 RESPOND TO DEFENDANT WOODCOCKS' MOTION TO COMPEL AND MOTION FOR SANCTIONS UNDER RULE 11

NOW COME Plaintiffs and move this Court for leave up to and including August 13, 2008 to respond to Defendant Woodcocks' Motion to Compel and Motion for Sanctions Under Rule 11. Plaintiff's response is currently due August 11, 2008. Leave is requested on the basis that counsel has previously requested leave until August 12, 2008 to file its proposed pretrial statement as well as other required filings and is presently working on satisfying this deadline. Additionally, due to counsel's trial schedule and current deadlines, it has been impossible for counsel to comply with this response deadline. Counsel respectfully requests leave to August 13, 2008 to adequately and efficiently file a response to Woodcocks' Motion to Compel and Motion for Sanctions.

Case 2:04-cv-00078-FJM

Document 231

Filed 08/11/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Counsel further represents that this leave is not requested to inconvenience the court nor counsel of record. RESPECTFULLY SUBMITTED ON this 11th day of August, 2008. TIMOTHY A. SHIMKO & ASSOCIATES

By:

/s/ Timothy A. Shimko Timothy A. Shimko (OSBN 0006736) David A. Welling (OSBN 0075934) 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Counsel for Plaintiffs

COPY of the foregoing electronically filed and served this 11th day of August, 2008 upon: Roger L. Cohen, Esq. Jaburg & Wilk, P.C. 3200 North Central Avenue, Ste. 2000 Phoenix, Arizona 85012 [email protected] Counsel for Defendant Ross Richard J. McDaniel, Esq. 11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsel for Defendants Woodcock Served via regular U.S. Mail upon the following: Mr. and Mrs. David Goldfarb 11437 N. 53rd Place Phoenix, Arizona 85254 Defendants Milton and Kathi Guenther 3642 E. Rockwood Phoenix, Arizona 84032 Defendants in pro per /s/ Mildred Pacheco

Case 2:04-cv-00078-FJM

Document 231

Filed 08/11/2008

Page 2 of 2