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

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Christopher R. Kaup, Esq. State Bar No. 014820
Third Floor Camelback Esplanade II 2525 East Camelback Road PHOENIX, ARIZONA 85016B4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103

Counsel for Biltmore Associates, Trustee of the Visitalk.com creditors' trust UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, vs. PETER THIMMESCH and CYNTHIA THIMMESCH, husband and wife; MICHAEL O'DONNELL and MARSHA O'DONNELL, husband and wife; et al., Defendants. Biltmore Associates ("Biltmore") by and through is undersigned counsel, hereby MOTION TO EXTEND DEADLINE FOR PLAINTIFF TO RESPOND TO MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT SNELL & WILMER CIV 02-2405-PHX-HRH

(Assigned to the Honorable H. Russel Holland)

moves this Court to extend the deadline for it to file its Response to Motion for Partial Summary Judgment by Snell & Wilmer to July 24, 2007. Biltmore has agreed that the date for the filing of S&W's Reply to that Response and S&W's Replies to Biltmore's Responses to S&W's motions to exclude the testimony of two of Plaintiff's experts shall also be extended for a reciprocal 14 day period. Due to the volume of deposition testimony and documents which will be encompassed in the Response and separate Contraverting Statement of Facts, Counsel undersigned and his staff were not able to finalize and electronically file these documents and voluminous exhibits. None of the

11400-002/344399.1 Case 2:02-cv-02405-HRH

Document 381 -1-Filed 07/23/2007

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parties will be prejudiced by this one day extension and it will not impact the scheduled trial date of January 29, 2008. RESPECTFULLY SUBMITTED this 23rd day of July, 2007.
TIFFANY & BOSCO, P.A.

By: __/s/ CRK # 014820________________________ Christopher R. Kaup Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237 Counsel for Biltmore Associates, Trustee of the Visitalk.com Creditors' Trust

11400-002/344399.1 Case 2:02-cv-02405-HRH

Document 381 -2-Filed 07/23/2007

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