Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KAHALA CORP., a Florida corporation fka ) ) SPORTS GROUP INTERNATIONAL, Case No.: CV03-2160PHXJAT ) INC., a Florida corporation; MALIBU Combined With ) SMOOTHIE FRANCHISE CORP., an Case No.: CV04-1543PHX MS ) Arizona corporation; FRULLATI FRANCHISE SYSTEMS, INC., a Texas ) ) corporation; ROLLERZ FRANCHISE ) ORDER RE: MOTION FOR EXTENSION SYSTEMS, LLC, an Arizona limited ) OF DISCOVERY CUT-OFF liability company; TAHI MANA, LLC, an Arizona limited liability company; RANCH ) 1 GROUP, INC., a New York corporation, ) (Assigned to the Honorable James A. ) Plaintiff, Teilborg) ) vs. ) RILWALA GROUP, INC., an Illinois ) corporation; MANU JOGANI, an Individual; PRAVIN PATEL, an Individual; ) DINESH GHANDI, an Individual; HARESH ) ) SHAH, an Individual; R.B. TEXAS ) COLLECTIONS, INC., an Illinois corporation; JANI FOODS, INC., a Texas ) ) corporation; SNEHAL D. JANI, an ) Individual; AMIT PATEL, an Individual; ) RILWALA FOODS, INC., an Illinois corporation; and DOES 1-100 Inclusive, ) ) Defendants _________________________________ ) ) _ ) ) ) ) 1
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AMIT PATEL, an individual; ANAR ENTERPRISES, INC., an Illinois corporation, Cross-Complainants, vs. RILWALA GROUP, INC., an Illinois corporation, MANU JOGANI, an Individual; DINESH GHANDI, an Individual; PRAVIN PATEL, an Individual; HARESH SHAH, an Individual; R.B. TEXAS COLLECTIONS, INC., an Illinois corporation; JANI FOODS, INC., a Texas corporation; RILWALA FOODS, INC., an Illinois corporation; and DOES 1-100 Inclusive, Defendants. H. RILWALA GOODS, an Illinois corporation and R.B. FOODS, INC., an Illinois corporation, Plaintiffs, v. KAHALA CORP., a Florida corporation; RANCH 1 GROUP, INC., a New York corporation; MALIBU SMOOTHIE FRANCHISE CORP., an Arizona corporation; FRULLATI FRANCHISE SYSTEMS, a Texas corporation; ROLLERZ FRANCHISE SYSTEMS, LLC, an Arizona limited liability company; and TAHI MANA, LLC, an Arizona limited liability company; and DOES 1-25 INCLUSIVE, Defendants. _________________________________ _

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On November 4, 2004, the Court informed the parties that they could not request an extension of the discovery or dispositive motion deadlines in this case and that no further extensions would be granted. While the Court
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recognizes that Mr. Schwab is new to this case, he is still bound by all prior orders of this Court. Moreover, Mr. Herman has been aware of this admonition since November 4, 2004. Nonetheless, the Court recognizes that the situation with Mr. Weissberg's representation has caused some timely scheduled discovery to not proceed as planned. Further, this case has been plagued by a failure of cooperation by both parties. Accordingly, the Court will grant a brief extension of the discovery deadline. The Court will NOT extend the dispositive motion deadline. The parties are advised, for the last time, that they MUST complete discovery within this deadline. Additionally, they are advised that ANY discovery disputes must be brought to the Court's attention in sufficient time to RESOLVE the dispute and still timely complete discovery. Finally, the parties are advised that ALL lawyers are admonished that they should act reasonably and professionally to work together to complete the outstanding discovery in this case. Based on the foregoing, IT IS ORDERED that the deadline for completing all discovery is extended to December 2, 2005;
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IT IS FURTHER ORDERED that the dispositive motion deadline of January 31, 2006 is confirmed; IT IS FURTHER ORDERED that the Rilwala Defendant's Motion to Extend (Doc. #170) and the Joint Motion to Extend by Rilwala and Anar Enterprises (Doc. #175) are granted to the limited extent specified above. Dated this 3rd day of October, 2005.

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