Free Motion to Continue - District Court of Arizona - Arizona

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RYLEY CARLOCK & APPLEWHITE One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Telephone: 602/258-7701 Telecopier: 602/257-9582 Michael D. Moberly ­ 009219 Andrea G. Lisenbee - 019882 Attorneys for Defendant/Counterclaimant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA AMMAR HALLOUM, vs. Plaintiff, DEFENDANT'S MOTION TO CONTINUE TRIAL No. CIV-02-02245-PHX-EHC

INTEL CORPORATION, Defendant. INTEL CORPORATION, Counterclaimant, vs. AMMAR HALLOUM and SAWSAN HAMAD, Counterdefendants. MOTION

Defendant Intel Corporation ("Intel" or the "Company") hereby moves to continue the trial presently scheduled to commence on May 31, 2006, to a later date convenient for the Court, in order to accommodate the scheduling conflict described in the following Memorandum of Points and Authorities.

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MEMORANDUM OF POINTS AND AUTHORITIES Paul Callaghan is one of the Company's principal witnesses, and the Company representative against whom the plaintiff's allegations of discrimination are primarily directed. He is also the individual the Company intends to have present as its representative during trial, and he served in that capacity throughout the previous trial of the plaintiff's Sarbanes-Oxley claim before an administrative law judge of the United States Department of Labor. Unfortunately, the trial of this action is now scheduled to commence two days after Mr. Callaghan is scheduled to begin a pre-planned and pre-paid sabbatical with his family. Mr. Callaghan's sabbatical is a benefit available to him as an Intel employee. Intel provides eligible employees with a sabbatical after each seven years of full-time service, which must be taken in a continuous, eight-week block of time. In Mr. Callaghan's case, his sabbatical runs from May 29, 2006 to July 24, 2006. Mr. Callaghan plans to use his sabbatical to take his wife and his three school age children on an extended trip to Ireland, where Mr. Callaghan is from, and then on a vacation through the eastern part of the United States. Mr. Callaghan and his family intend to stay with Mr. Callaghan's parents while they are in Ireland. Upon returning to the United States, they have rented a beach house in New Jersey for one week, and also plan a visit to Pennsylvania. In addition to having arranged their schedules well in advance to take this trip, Mr. Callaghan and his family have prepaid many of the expenses of the trip. For example, they have already paid $4,260.75 in airfare, and an additional $1,300.00 advance deposit to rent the house in New Jersey. An additional approximately $900.00 must be prepaid on the New Jersey house rental on or before May 24, 2006. Even apart from the fact that these significant personal expenses have already been incurred by Mr. Callaghan and his family, it is, as a practical matter,

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impossible for them to reschedule their trip in view of the fact that Mr. Callaghan's three children attend school and thus can only participate in the trip during the time presently scheduled without missing substantial amounts of school. The Company has not previously requested a continuance of the trial, and regrets that it must do so now. However, the Company's request is not made for the purpose of delay, or for any other improper purpose. The request instead is made only because, given Mr. Callaghan's inability to take his sabbatical intermittently, the age of his children, and the fact that many of his expenses have been prepaid, Mr. Callaghan's sabbatical cannot effectively be altered or rescheduled. Thus, the only realistic way to alleviate the conflict is by postponing the trial until after he and his family return from their trip. The Company also notes that at the last pretrial conference, which was held on April 17, 2006, the plaintiff himself asked the Court to avoid scheduling the trial of this matter in June or July because he planned to be traveling during those months. The plaintiff did not specifically indicate during that hearing whether he planned to be traveling in the early part of June, in which event he obviously may also have a conflict with the present trial scheduling. In any event, the Company did not and would not object to the Court's scheduling of trial to avoid the plaintiff's scheduling conflict. For that reason, the Company hopes that the plaintiff will extend it the same courtesy in view of the clearly legitimate reasons for its requested postponement, even if he personally does not have a direct conflict with the trial as currently scheduled. For the foregoing reasons, the Company respectfully requests that the Court postpone the trial of this matter until a date convenient for the Court after the conclusion of Mr. Callaghan's sabbatical on July 24, 2006.

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RESPECTFULLY SUBMITTED this 5th day of May, 2006. RYLEY CARLOCK & APPLEWHITE s/ Michael D. Moberly Michael D. Moberly Andrea G. Lisenbee One N. Central Ave., Ste. 1200 Phoenix, AZ 85004-4417 Attorneys for Defendant/Counterclaimant

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CERTIFICATE OF SERVICE I hereby certify that on May 5, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing. I hereby certify that on May 5, 2006, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: Ammar Halloum P.O. Box 26662 Tempe, AZ 85285 Plaintiff/Counterdefendant Sawsan Hamad 260 W. Buena Vista Dr. Tempe, Arizona 85284 Counterdefendant

s/ Michael D. Moberly Michael D. Moberly

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