Free Order on Motion to Vacate - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 Pending before the Court is D efendant's M otion to Vacate Hearing Re: Date of 17 Contract Formation (Doc. #98). 18 October 11, 2005, should not include the date of contract formation becaus e Plaintiff has 19 admitted that date under Rule 36 of the Federal Rules of Civil Procedure. 20 A lt hough the admission in question confirms that "a Damron Agreement" w as 21 entered on June 16, 2002, it does not foreclose t he p os s ibility that an oral agreement was 22 entered earlier. 23 evidentiary hearing. The Court will deny Defendant's M otion. 24 IT IS HEREBY ORDERED: 25 1. 26 (Doc. #98) is denied. 27 28 Defendant's M otion to Vacate Hearing Re: D at e of Contract Formation On this point, there is a dispute of fact that must be resolved at the The motion argues that the hearing to be held on v. Golden Eagle Insurance Corporation; Does 1-100; XYZ Corporations 1-100; Black and White Business Entities 1100, SWA Painting, Inc., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) CV-03-2364-PHX-DGC IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA

ORDER

Case 2:03-cv-02364-DGC

Document 109

Filed 08/04/2005

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2.

The terms of the Court's Order dated J une 2, 2005 (Doc. #85), other than the date of the hearing, shall remain in effect.

DATED this 4th day of August, 2005.

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Case 2:03-cv-02364-DGC

Document 109

Filed 08/04/2005

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