MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 332

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MDY Industries, LLC v. Blizzard Entertainment, Inc. et al Doc. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CRAIG, P.C. Graeme Hancock (No. 007190) Susan M. O (No. 020596) 3003 North Central Avenue, Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: Email: Attorneys for Defendant The Goodyear Tire & Rubber Co. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA LEROY and DONNA HAEGER, husband and wife; BARRY and SUZANNE HAEGER, husband and wife; FARMERS INSURANCE COMPANY OF ARIZONA, an Arizona corporation, Plaintiffs, v. GOODYEAR TIRE AND RUBBER CO., an Ohio corporation; SPARTAN MOTORS INC., a Michigan corporation; and GULFSTREAM COACH, INC., an Indiana corporation, Defendants. On November 28, 2007, the parties jointly requested a continuation of the dispositive motion deadline until January 14, 2008. By Order dated November 29, 2007. the Court granted the motion, ordering dispositive motions due on December 17, 2007. The parties are all aware of the Court's interest in seeing this case progress without delay. Unfortunately, the parties have developed a further "glitch" in completing the depositions the Court ordered could be taken after the discovery cutoff. The last No. CV05-2046-PHX-ROS JOINT REQUEST TO EXTEND THE SIXTH AMENDED SCHEDULING ORDER deposition concerns Mark Salem, Plaintiffs' last remaining expert. Although the parties 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 had previously scheduled Mr. Salem for the first available date on his calendar (Wednesday, November 28, 2007), on Tuesday evening, November 27, 2007, counsel for the Plaintiffs asked to continue the deposition because of a sudden medical emergency that required immediate medical care for his wife. Naturally, all counsel stipulated to rescheduling the Salem deposition under the circumstances. The next available date is December 12, 2007, leaving the parties with the same problem of just three days between the final deposition and the submissions of dispositive motions which sparked the original request to extend. Under these new circumstances, the parties seek to inquire whether the Court would be willing to reconsider its ruling, and extend the dispositive motion deadline until January 14, 2007. Again, the parties are all aware of the need to progress rapidly. However, the personal situation involving Plaintiffs' counsel, the difficulty in getting the last deposition rescheduled, and the nearness of the holidays, all combine to suggest that a filing date in mid-January would be advantageous for all concerned. A Seventh Amended Scheduling Order is filed concurrently for the Court's consideration. DATED this 30th day of November, 2007. FENNEMORE CRAIG, P.C. THE KURTZ LAW FIRM By /s Graeme Hancock Graeme Hancock Attorneys for Defendant The Goodyear Tire & Rubber Co. By David L. Kurtz Attorneys for Haeger Plaintiffs -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COZEN O'CONNOR JENNINGS STROUSS & SALMON, PLC By: Blanca Quintero Attorneys for Plaintiffs Farmers Insurance LISA G. LEWALLEN, PLLC By: /s Michael J. O'Connor with permission Michael J. O'Connor Attorneys for Haeger Plaintiffs BRYAN CAVE, LLP By /s Lisa G. Lewallen with permission By: /s Robert W. Shely with permission Robert W. Shely Lisa G. Lewallen Rodney Ott Attorneys for Defendant Spartan Attorneys for Defendant Gulf Motors, Inc. Stream Coach, Inc. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE I hereby certify that on 11/ 30 /07 , I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: David L. Kurtz THE KURTZ LAW FIRM 7420 East Pinnacle Peak Road Building D, Suite 128 Scottsdale, Arizona 85255 James M. Abernethy ABERNETHY & GREEN, P.L.C. 3838 Central Avenue, Suite 1750 Phoenix, AZ 85012 Michael J. O'Connor Jennings, Strouss & Salmon, PLC 201 East Washington Street, 11th Floor Phoenix, AZ 85004-2385 Blanca Quintero COZEN O'CONNOR 501 West Broadway, Suite 1610 San Diego, CA 92101 Robert W. Shely Rodney W. Ott BRYAN CAVE LLP Two North Central Avenue, Suite 2200 Phoenix, AZ 85004 Lisa G. Lewallen Lisa G. Lewallen, PLLC P.O. Box 33430 Phoenix, AZ 85067 s/ Nancy J. Rimsek -4-

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