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

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Ernest B. Jackson, plaintiff, vs. ABC Nissan, Inc., et al., defendants. No. CV 03-0563-PHX-SMM Plaintiff's Motion for an Extension of Time in which to Respond to Defendant's Motion to Enforce the Settlement Agreement (First Request)

At the May 21, 2007 Status Conference in this matter, the Court advised the parties to attempt to voluntarily resolve the issues addressed in Defendant's Motion to Enforce the Settlement Agreement in order to reduce attorney fees and attempt to expeditiously bring this matter to a stipulated conclusion. In accordance with the Court's advice, Plaintiff's counsel contacted counsel for the Defendants, Mr. M. Brett Burns, and asked Mr. Burns to stipulate to briefly delay briefing Defendant's Motion to Enforce the Settlement Agreement to give the parties an opportunity to attempt to resolve the matter by stipulation before additional costs and attorneys fees are incurred. Defendants have yet to respond to Plaintiff's proposal. Under the circumstances, Plaintiff respectfully requests a brief extension of time in which to file his response to Defendant's Motion to Enforce the Settlement Agreement, from Wednesday, June 7, 2007 to Friday, June 15, 2007, in order to attempt to resolve the issues addressed at the Status Conference by means of stipulation.

Case 2:03-cv-00563-SMM

Document 137

Filed 06/06/2007

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As indicated above, Plaintiff has attempted to confer with Defendant's counsel regarding this request, but Defendant's counsel has apparently been unavailable to respond. Dated this 6th day of June 2007. MONTOYA JIMENEZ A Professional Association

Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff

Stephen G. Montoya

I hereby certify that on June 6, 2007, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Laura M. Franze M. Brett Burns Stephanie K. Osteen Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Avenue Suite 4100 Dallas, Texas 75201 Tricia Schafer Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012 Attorney for Defendants The Honorable Stephen M. McNamee United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003

Stephen G. Montoya

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Case 2:03-cv-00563-SMM

Document 137

Filed 06/06/2007

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