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

1 David B. Goldstein, SBN 003410 Holly L. Gibeaut, SBN 019786 2 HYMSON & GOLDSTEIN, P.C. 14646 North Kierland Boulevard, Suite 255 3 Scottsdale, Arizona 85254 (480) 991-9077 4 Attorneys for Plaintiff/Counterdefendant 5 6 7 8
14646 N. Kierland Boulevard, Suite 255 Scottsdale, Arizona 85254 Telephone 480-991-9077

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

HYMSON & GOLDSTEIN, P.C.

TASER INTERNATIONAL, INC., an 9 Arizona Corporation, 10 11 vs. 12 GERTRUDE HENNIGAN as Administratrix of the Estate of Thomas 13 Hennigan 14 15 Defendants/Counterclaimants Plaintiff/Counterdefendant,

No. 00-0945 PHX ROS

Attorneys and Counselors

MOTION TO MODIFY BRIEFING SCHEDULE SET BY ORDER DATED SEPTEMBER 29, 2005

Plaintiff/Counterdefendant, Taser International, Inc. ("Taser"), by its undersigned 16 attorneys, moves the Court, pursuant to Rule 6, Federal Rules of Procedure, and the 17 Court's inherent power to set deadlines, for modification of the briefing schedule set forth 18 in the Court's Order dated September 29, 2005. 19 During the last day of trial, on September 6, 2005, the Court set a briefing 20 schedule under which the parties would submit not only supplemental Memoranda of 21 Law but also Supplemental Findings of Facts and Conclusion of Law based upon the 22 anticipated timing of the receipt of the trial transcripts. Defendant/Counterclaimant's 23
Case 2:00-cv-00945-ROS Document 167 Filed 10/06/2005 Page 1 of 3

1 Memorandum and Supplemental Findings of Fact and Conclusions of Law were to be 2 due September 28, 2005, Taser's Response and Findings of Fact and Conclusions of Law 3 were to be due on November 18, 2005, taking into account Mr. Goldstein's travel 4 schedule, and the Reply from Defendant/Counterclaimant was due December 2, 2005. 5 Because receipt of the transcripts have been delayed, the Court has given

6 Defendant/Counterclaimant additional time to submit its Supplemental Brief, but 7 shortened the time for Taser to submit its Response such that the deadline for the 8 Response occurs on October 24, 2005, while Mr. Goldstein is out of the country.
14646 North Kierland Boulevard, Suite 255 Scottsdale, AZ 85254-3457 Telephone (480) 991-9077

HYMSON & GOLDSTEIN, P.C.

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Taser, by this Motion, requests the Court to reinstate the original deadline of

Attorneys and Counselors

10 November 18, 2005 for Taser to submit its Response and Findings of Fact and 11 Conclusions of Law. Defendant/Counterclaimant under that schedule would still have 12 until December 2, 2005, or two weeks from the time that Taser submits its Response to 13 file its Reply. 14 15 16 17 18 19 20 21 22 23
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For the Court's convenient reference, a formal order is submitted with this Motion.
DATED this 6th day of October 2005.

HYMSON & GOLDSTEIN, P.C.

/s/ David B. Goldstein David B. Goldstein 14646 North Kierland Blvd., #255 Scottsdale, AZ 85254 Attorneys for Plaintiff/Counterdefendant

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CERTIFICATE OF FILING

2 ___X__ I hereby certify that on October 6, 2005, I electronically transmitted the attached document to the Clerk's office via the CM/ECF filing system for filing and transmittal of 3 a Notice of Electronic Filing to the following CM/ECF registrants: 4 5 6 7 8
14646 North Kierland Boulevard, Suite 255 Scottsdale, AZ 85254-3457 Telephone (480) 991-9077

Rosemary J. Shockman
SHOCKMAN LAW OFFICE, P.C.

8170 North 86th Place, #102 Scottsdale, AZ 85258 Attorneys for Defendant/Counterclaimants Leslie Trager Morley and Trager 230 Park Avenue, Suite 935 New York, NY 10169 Attorneys for Defendant/Counterclaimants > >

HYMSON & GOLDSTEIN, P.C.

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Attorneys and Counselors

11 _____ I hereby certify that on ___________, 2005, I served the attached document by facsimile and/or United States mail on the following, who are not registered participants 12 of the CM/ECF filing system. 13 14 15 16 17 18 19 20 21 22 23
Case 2:00-cv-00945-ROS 203044 v1 Document 167 3 Filed 10/06/2005 Page 3 of 3

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/s/ David B. Goldstein