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

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Ira M. Schwartz (I.D. No. 010448) Michael A. Cordier (I.D. No. 014378) DeCONCINI McDONALD YETWIN & LACY, P.C. 7310 N. 16th Street, Suite 330 Phoenix, Arizona 85020 Telephone (602) 282-0500 Facsimile (602) 282-0520
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA

DECONCINI MCDONALD YETWIN & LACY, P.C.

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16th Street, Suite 330 Phoenix, Arizona 85020

Erchonia Medical Inc., et al Plaintiff, v. Miki Smith, et al Defendants. ____________________________________ Erchonia Medical Inc., et al Plaintiff, v. Miki Smith, et al Defendants. ____________________________________ Robert E. Moroney, LLC Plaintiff, v. Erchonia Medical, Inc., et al Defendants.

Case No.:CIV 02-2036-PHX-MHM Consolidated with CIV 02-2048-PHX-MHM and CIV 02-2353-PHX-MHM

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JOINT MOTION TO EXTEND TIME TO FILE SETTLEMENT DOCUMENTS

Case 2:02-cv-02036-MHM

Document 352

Filed 02/27/2007

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The parties, through their respective undersigned counsel, hereby move the Court for an extension of time until March 30, 2007 in which to file settlement documents with the Court. , As grounds for this extension the parties state:

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1.
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The parties have reached a tentative settlement in this case. The settlement is

a global settlement, not only of this case, but of all pending and related cases between the parties, including two cases between the parties now pending in the United States District
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Court for the District of Colorado, and a case in Georgia state court.
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DECONCINI MCDONALD YETWIN & LACY, P.C.

2.
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Since the Court issued its minute entry order dated January 17, 2007, the

parties have worked diligently to resolve all pending disputes and prepare the settlement agreement, stipulation for dismissal, and related settlement documents.
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North 16th Street, Suite 330 Phoenix, Arizona 85020

The parties are

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very close to finalizing their settlement agreement and believe that the settlement can be finalized, and settlement papers can be filed, by March 30, 2007. However, there are a

few matters remaining to be resolved; to assist in resolving these issues, the parties have scheduled a settlement conference with the Honorable Craig B. Shaffer, Magistrate Judge, United States District Court for the District of Colorado, for Friday, March 2, 2007 at 3:30 p.m. Judge Shaffer previously assisted the parties in an earlier settlement conference. In addition, the final settlement agreement must be signed by all parties to all of the cases, which cannot logistically be accomplished by February 28, 2007. Accordingly, the parties respectfully request an extension of time until March 30 2007, in which to file their settlement documents with the Court. 3 The Court in the case of A Major Difference, Inc. v. Erchonia Medical Inc.,

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et al, pending in the United States District Court for the District of Colorado, No. 04-cv01769 (one of the other cases between the parties subject to the pending settlement) has stayed the time to file settlement documents pending the settlement conference set for March 2, 2007. 4. The parties state that this is their first motion for extension of time to file

settlement documents in this case. 2
Case 2:02-cv-02036-MHM Document 352 Filed 02/27/2007 Page 2 of 4

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WHEREFORE, the parties respectfully request the Court to enter an Order granting them an extension of time until March 30, 2007, in which to file the settlement documents in this case, and to grant such other and further relief as the Court deems just and proper.

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Respectfully submitted this 27th day of February, 2007.
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DeCONCINI McDONALD YETWIN & LACY

DECONCINI MCDONALD YETWIN & LACY, P.C.

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North 16th Street, Suite 330 Phoenix, Arizona 85020

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By s/Ira M. Schwartz____________ Ira M. Schwartz Michael A. Cordier 7310 N. 16th St., Suite 330 Phoenix, Arizona 85020 (602) 282-0500 Attorneys for Erchonia Medical Inc. and Kevin Tucek SHERIDAN ROSS PC

____________ By s/Benjamin B. Lieb Benjamin B. Lieb, Esq. Robert Brunelli, Esq. 1560 Broadway, Suite 1200 Denver, CO 80202 Attorneys for Robert E. Moroney, LLC, Robert E. Moroney, and A Major Difference Inc.

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Case 2:02-cv-02036-MHM Document 352 Filed 02/27/2007 Page 3 of 4

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Certificate of Service I certify that on February 27, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to those attorneys registered with CM/ECF: Michael Warzynski, Esq. JARDINE BAKER HICKMAN & HOUSTON PLLC 3300 N. Central Ave., Suite 2600 Phoenix, AZ 85012 Co-Counsel for Erchonia Medical Inc. Benjamin B. Lieb, Esq. Robert Brunelli, Esq. SHERIDAN ROSS PC 1560 Broadway, Suite 1200 Denver, CO 80202 Attorneys for Robert E. Moroney, LLC, Robert E. Moroney, and A Major Difference Inc. David Bray, Esq. MARISCAL WEEKS MCINTYRE & FRIEDLANDER PA 2901 N. Central Ave., Suite 200 Phoenix, AZ 85012 Attorneys for Robert E. Moroney, LLC, Robert E. Moroney, and A Major Difference Inc. Gregory L. Miles, Esq. Lori A. Curtis, Esq. DAVIS MILES PLLC 1550 E. McKellips Road, Suite 101 Mesa, AZ 85203 Attorneys for John and Claudette Brimhall Dominic L. Verstagen, Esq. KUNZ PLITT HYLAND DEMLONG & KLEIFIELD 3838 N. Central Ave. Suite 1500 Phoenix, AZ 85012 Attorneys for John and Claudette Brimhall Scott A. Salmon, Esq. THE CAVANAGH LAW FIRM 1850 N. Central Avenue, Suite 2400 Phoenix, AZ 85004 Attorneys for George Gonzalez and Lorena Guzman Gordon S. Bueler, Esq. BUELER JONES, LLP 1300 N. McClintock Drive, Suite B-4 Chandler, AZ 85226 Attorneys for Miki Smith and KMS Marketing, Inc. s/Ira M. Schwartz_________ 4
Case 2:02-cv-02036-MHM Document 352 Filed 02/27/2007 Page 4 of 4

DECONCINI MCDONALD YETWIN & LACY, P.C.

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North 16th Street, Suite 330 Phoenix, Arizona 85020
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