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

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Jeffrey M. Proper (#003099) JEFFREY M. PROPER, P.L.L.C. 3550 N. Central Avenue Suite 1200 Phoenix, AZ 85012 (602) 235-9555 Attorney for Defendant Technology Systems International, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA SOLINVEST GROUP, LTD., a British Virgin Islands entity, Plaintiff, vs. TECHNOLOGY SYSTEMS INTERNATIONAL, INC., a Nevada corporation; TSI ACQUISITION CORPORATION, formerly known as TECHNOLOGY SYSTEMS INTERNATIONAL, INC., an Arizona corporation; ALANCO TECHNOLOGIES, INC., an Arizona corporation; GREG OESTER and LYNDA OESTER, husband and wife; JOHN DOES I-X; JANE DOES IX; ABC PARTNERSHIPS I-X; and XYZ CORPORATIONS I-X, Defendants. Case No.: CIV02-2641 PHX ROS MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO SOLINVEST'S AMENDED MOTION FOR THE AWARD OF ATTORNEY'S FEES AND COSTS

Pursuant to this Court's Order, Solinvest Group, Ltd. filed its Amended Application for Attorney's Fees and Costs on November 4, 2005 (Document No. 67). As Solinvest is aware, TSI's Chapter 11 Bankruptcy Petition has been converted to a Chapter 7.

Case 2:02-cv-02641-ROS

Document 71

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Filed 11/17/2005

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The Trustee in the Chapter 7 proceedings is Jill Ford and the attorneys employed to represent the Trustee are Allen & Sala, P.C. To date, Allen & Sala have not made a decision as to the appointment of counsel in connection with the Solinvest proceedings. The undersigned, therefore, is not in a position to file an appropriate Response at this time to Solinvest's Amended Claim for Attorney's Fees. The undersigned would request that this Court grant an extension of time within which to reply to the Amended Motion for Attorney's Fees in order to give the bankruptcy Trustee and its counsel an opportunity to retain counsel to review Solinvest's latest Application. As the Court is aware, the Application is quite extensive, contains a request for attorney's fees from two attorneys and has in excess of 100 pages of exhibits which will have to be reviewed by counsel for the bankruptcy Trustee. Accordingly, it would be appropriate for this Court to grant such an extension in order to give the bankruptcy Trustee an opportunity to retain counsel with said counsel having an opportunity to review the extensive pleadings in this attorney's fees application and appropriately respond. The undersigned would further request that this Court set an evidentiary hearing in connection with Solinvest's Application to determine the propriety of those fees in the District Court proceeding. DATED this 17th day of November, 2005.

Copy of the foregoing mailed This 17th day of November, 2005, to: Michael Simes, Esq. 903 S. Rural Road Suite 101-323 Tempe, AZ 85281

By: /s/ JMP 003099 Jeffrey M. Proper 3550 N. Central Avenue Suite 1200 Phoenix, AZ 85012 Attorney for Defendant Technology Systems

Case 2:02-cv-02641-ROS

Document 71

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Filed 11/17/2005

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Steven P. Oman, Esq. 10446 N. 74th Street Suite 130 Scottsdale, AZ 85254 Paul Sala, Esq. ALLEN & SALA 1850 n. Central Avenue Suite 1150 Phoenix, AZ 85004_ Jill H. Ford Chapter 7 Bankruptcy Trustee P.O. Box 85377 Carefree, AZ 85377 ___M. Wells________________________________
C:\Clients\JONES\TSI\Solinvest\Mtn to Extend re App for Fees.doc

Case 2:02-cv-02641-ROS

Document 71

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Filed 11/17/2005

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