Gagan, et al v. Sharar, et al

Filing 457

ORDER granting in part and denying in part 456 Motion. ORDERED Vacating the hearing set for 2/11/13 to be reset at a later date yet to be determined FURTHER ORDERED defendant Monroe shall provide responses to written discovery by no later than 2 /18/13 FURTHER ORDERED defendant Monroe shall make himself available for deposition within the next 45 days after written discovery responses are served FURTHER ORDERED plaintiff shall have an extension of 45 days from the date of entry of this or der by which to complete discovery with respect to garnishee defendant Kim Sullivan. To the extent plaintiff is seeking an order requiring garnishee defendant Sullivan to provide responses to written discovery no later than 2/18/13, the court DENIES that aspect of plaintiff's motion as duplicative in light of this court's November 19, 2012 order (Doc. 449 ). Signed by Senior Judge Robert C Broomfield on 2/8/13. (cc: All Cnsl/K Sullivan) (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James L. Gagan,
c/o David G. Bray
Mariscal, Weeks, McIntyre
Friedlander, P.A.
2901 N. Central Ave.,
Suite 200
Phoenix, AZ 85012,

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Plaintiff/Judgment
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Creditor,
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vs.
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James A. Monroe
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12880 East Mercer Lane
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Scottsdale, AZ 85259,
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Defendant/Judgment Debtor, )
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Kim Sullivan a/k/a Kimberley)
Sullivan a/k/a Kim Monroe
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a/k/a Kimberley Monroe
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a/k/a/ Kimberley Martin
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a/k/a Kimberly Perry
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a/k/a Kimberley Pirtle
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a/k/a Kimberley Clark
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12880 East Mercer Lane
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Scottsdale, AZ 85259,
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Garnishee Defendant.
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No. CIV 99-1427-PHX-RCB

O R D E R

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Currently pending before the court is plaintiffs James L.

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Gagan’s motion to continue the hearing scheduled for Monday,

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February 11, 2013, at 10:00 a.m., and to extend the time to

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conduct discovery.

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hearing is imminent, and because there is no prejudice to

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defendants by the relief granted herein, the court is

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considering this motion without allowing for a response or

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reply.

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Mot. (Doc. 456) at 1.

Given that the

For the reasons set forth in plaintiff’s motion (Doc.
456) at ¶¶ 1 - 5, the court hereby GRANTS in part and DENIES

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in part the relief which plaintiff is seeking.

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specifically, IT IS ORDERED that:

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(1) the hearing set for February 11, 2013, is VACATED and
to be reset at a later date yet to be determined;
(2) defendant Monroe shall provide responses to written
discovery by no later than February 18, 2013;

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(3) defendant Monroe shall make himself available for

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deposition within the next 45 days after written discovery

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responses are served;

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(4) plaintiff shall have an extension of 45 days from the

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date of entry of this order by which to complete discovery

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with respect to garnishee defendant Kim Sullivan.

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To the extent plaintiff is seeking an order requiring

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garnishee defendant Sullivan to provide responses to written

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discovery no later than February 18, 2013, the court DENIES

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that aspect of plaintiff’s motion as duplicative in light of

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. . .

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this court’s November 19, 2012 order (Doc. 449).
DATED this 8th day of February, 2013.

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Copies to all counsel of record and pro se Garnishee
Defendant Kim Sullivan

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