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

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STEVEN W. DAVIS (Pro Hac Vice, Aug. 26, 2003) DAVID W. SHAPIRO, AZ BAR NO. 015295 ANN M. GALVANI (Pro Hac Vice, Sept. 29, 2003) JORGE SCHMIDT (Pro Hac Vice, March 17, 2005) BOIES, SCHILLER & FLEXNER, LLP 100 S.E. Second Street, Suite 2800 Miami, Florida 33131 Telephone (305) 539-8400 Facsimile (305) 539-1307 [email protected] Attorneys for Plaintiffs Marvin and Gloria Sapiro IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX DIVISION MARVIN SAPIRO and GLORIA SAPIRO, his wife, Plaintiffs, vs. SUNSTONE HOTEL INVESTORS, L.L.C., SUNSTONE HOTEL INVESTORS, L.P., Defendants. CASE NO. CIV 03 1555 PHX SRB ) ) ) ) ) ) ) UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO DEFENDANTS' ) MOTION IN LIMINE AND FOR ) SUMMARY JUDGMENT ­ THIRD ) REQUESTED EXTENSION ) ) ) )

Plaintiffs Marvin and Gloria Sapiro, pursuant to Fed.R.Civ. P. 6(b), respectfully request this Court to order a ten business day enlargement of time in which to respond to Defendants' pending Motion in Limine [DE 145] and Motion for Summary Judgment [DE 141] to February, 27, 2006. Plaintiffs will not request further extensions from the Court on this matter. Good cause exists to grant this unopposed motion in that: 1. The mediation scheduled for January 12, 2006 in Phoenix, with Joseph Epstein,

had to be rescheduled on January 10, due to the unexpected unavailability of counsel and of parties' representatives without whom mediation would not have been fruitful. The parties' counsel and Mr. Epstein are still attempting to reschedule the mediation for the earliest practicable date. In the meantime, Plaintiffs have continued to make progress in compromising

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Medicare's claim out of Marvin Sapiro's recovery for medical expenses, as well as claims from insurance providers. 2. The deposition of Dr. Nierenberg, Mr. Sapiro's treating physician, which was

scheduled to occur in the interim, had to be cancelled due to a death in Dr. Nierenberg's family. Dr. Nierenberg's testimony is important both to the mediation and, potentially, to the pending motions. The parties are still endeavoring to reschedule this deposition as soon as practicable. Their efforts are complicated by Dr. Nierenberg's residence in Mississippi. 3. Additionally, Leonard Dunlap, the former Sunstone employee who has been

identified to Plaintiffs as the author of the most critical document in this case ­ Sunstone's Engineering Standard Operating Procedures Manual ­ whom Plaintiffs have endeavored to depose for several months, underwent major surgery earlier this month and is expected to be in recovery until mid-April, at the earliest. In sum, while the parties have been making steady progress towards resolving their dispute, necessary discovery is still to take place, and therefore it would further judicial economy for this brief, and last, extension to be granted. Respectfully submitted Dated: February 13, 2006 BOIES, SCHILLER & FLEXNER LLP Attorneys for the Plaintiffs Bank of America Tower, Suite 2800 100 S.E. 2nd Street Miami, FL 33131 Tel: (305) 539-8400 By: _/s/ Steven W. Davis_______________ David W. Shapiro (AZ Bar No. 015295) Steven W. Davis (Fla. Bar No. 347442) Jorge Schmidt (Fla. Bar No. 781711) Boies, Schiller & Flexner, LLP Bank of America Tower, Suite 2800

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100 S.E. 2nd Street Miami, FL 33131 Tel: (305) 539-8400 Of Counsel: Ann M. Galvani, Esq. Boies, Schiller & Flexner, LLP 333 Main Street Armonk, NY 10504

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DECLARATION OF SERVICE I, the undersigned, declare as follows: I am employed in the County of Miami-Dade, State of Florida; I am over the age of eighteen years and am not a party to this action; my business address is Suite 2800, 100 S.E. 2nd Street, Miami, Florida, 33131, in said County and State; on January 20, 2006, I served the within: UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO DEFENDANTS' MOTION IN LIMINE AND FOR SUMMARY JUDGMENT ­ SECOND REQUESTED EXTENSION. By United States Mail, to each of the persons named below at the addresses indicated: ! . / 0 12 3 42135 63 127 # 55 8 0 12 3 42135 63 127 #5 &

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BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I am familiar with the firm' practice of s collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY PERSONAL SERVICE: I placed a true copy in a sealed envelope addressed to each person[s] named at the address[es] shown and giving same to a messenger for personal delivery before 5:00 p.m. on the above-mentioned date.

BY FACSIMILE: From facsimile machine telephone number (305) 539-1307, on the above-mentioned date, I served a full and complete copy of the abovereferenced document[s] by facsimile transmission to the person[s] at the number[s] indicated.

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BY FEDERAL EXPRESS NEXT DAY AIR: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I am familiar with the firm's practice of collection and processing correspondence for delivery by Federal Express. Pursuant to that practice, envelopes placed for collection at designated locations during designated hours are delivered to Federal Express with a fully completed airbill, under which all delivery charges are paid by Boies, Schiller & Flexner LLP, that same day in the ordinary course of business. (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that the foregoing document(s) were printed on recycled paper. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

(FEDERAL)

Executed on January 20, 2006, at Miami, Florida.
99999999999999999 9999999999999999

Michelle Ah Wong

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