Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 499

Cygnus Systems, Inc. v. Microsoft Corporation, et al

Doc. 499

1 2 3 40 North Center Street, Suite 200 4 Mesa, Arizona 85201 Telephone No.: [phone] [phone] 5 Facsimile No.: Email: [e-mail] [e-mail] 6 Attorneys for Plaintiff 7 By: Michael R. Pruitt, State Bar No. 011792 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

11 Jamie Ammann, a married woman filing individually, 12 Plaintiff, 13 vs. 14 Midway Chevrolet Company, d/b/a 15 Midway Chevrolet an Arizona corporation; John Thomas and Jane Doe Thomas, 16 husband and wife; John Bhatt and Jane Doe Bhatt, husband and wife; John Cleaves 17 and Jane Doe Cleaves, husband and wife; John and Jane Does I-X; Black 18 Corporations I-X; and White Partnerships I-X, 19 Defendants. 20 21

Case No. CIV 06-2102-PHX-ROS MOTION TO EXTEND CERTAIN DEADLINES (First Request)

Plaintiff Jamie Ammann, by and through her undersigned counsel, hereby requests

22 that the deadlines for disclosing expert witness(es) and final written report(s), 23 rebuttal/supplemental expert reports, completion of expert depositions, completing discovery, 24 and filing dispositive motions be extended in this matter. Plaintiff requests that these 25 deadlines be extended 30 days. A brief procedural history of this case follows. 26 / / /

Dockets.Justia.com

1

A Scheduling Conference was held in this matter on February 1, 2007. On February

2 27, 2007, the Court issued an Order setting the following deadlines: the deadline for Plaintiff 3 to disclose the identity of all persons who may be used at trial to present evidence under 4 Federal Rules of Evidence (F.R.Evid.) 701, 702, 703, 704, and 705 was set for June 11, 2007, 5 the deadline for Defendants to disclose the identity of all persons who may be used at trial 6 to present evidence under F.R.Evid. 701, 702, 703, 704, or 705 was set for July 30, 2007, the 7 deadline for completing discovery was set for October 1, 2007, the deadline for 8 supplementing discovery, including material changes in expert witness opinions and material 9 disclosures was set for October 15, 2007, the deadline for filing dispositive motions was set 10 for December 3, 2007, the deadline for filing a Joint Proposed Pretrial Order, all Motions in 11 Limine, a Joint Statement of the Case, Joint Jury Instructions, Verdict Form, and Stipulated 12 Voir Dire Questions was set for February 4, 2008, an Interim Rule 16 Status Hearing was 13 scheduled for October 19, 2007 at 8:30 a.m., and the deadline for filing a Joint Status Report 14 was set for October 12, 2007. 15 Plaintiff is in the process of obtaining expert report(s) on the issues of her present

16 value loss of income and emotional damages. Plaintiff believes that an additional thirty (30) 17 days is needed for her to obtain her expert reports. An extension of time of thirty (30) days 18 is also needed for the following deadlines: the deadline for Defendants to obtain their expert 19 reports, the deadline for completing discovery, the deadline for supplementing discovery, the 20 deadline for filing dispositive motions, and the deadline for filing a Joint Proposed Pretrial 21 Order, all Motions in Limine, a Joint Statement of the Case, Joint Jury Instructions, Verdict 22 Form, and Stipulated Voir Dire Questions. 23 Therefore, for the reasons set forth above, Plaintiff requests that she be given through

24 and including July 11, 2007 by which to disclose her expert witness(es) and final written 25 report(s), Defendants have through and including August 29, 2007 by which to disclose their 26 expert witness(es) and final written report(s), the Parties have through and including October
2

1 31, 2007 for completing discovery, the Parties have through and including November 14, 2 2007 by which to disclose any material changes in expert witness opinions and material 3 disclosures, the Parties have through and including January 2, 2008 by which to file 4 dispositive motions, and the Parties have through and including March 5, 2008 by which to 5 file a Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement of the Case, 6 Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions. 7 Defendants, through their counsel, have informed Plaintiff's counsel that Defendants

8 will not oppose this Motion. 9 10 11 12 13 14 /s/ Michael R. Pruitt By: Michael R. Pruitt, No. 011792 40 North Center Street, Suite 200 Mesa, Arizona 85201 Attorneys for Plaintiff RESPECTFULLY SUBMITTED this 11th day of June, 2007. JACKSON WHITE

15 I hereby certify that I electronically transmitted the attached document to the Clerk's Office using the 16 CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following if 17 CM/ECF registrants, and mailed a copy of same to any non-registrants this 11th day of June, 2007: 18 Tricia Schafer 19 Mariscal Weeks McIntyre & Friedlander PA 2901 North Central Avenue, Suite 200 20 Phoenix, Arizona 85012-2705 Attorneys for Defendants 21 Michael Brett Burns 22 Stephanie K. Osteen Akin Gump Strauss Hauer & Feld LLP 23 1700 Pacific Avenue, Suite 4100 Dallas, Texas 75201 24 Attorneys for Defendants 25 / / / 26 / / /
3

1 Copy of the foregoing hand-delivered this 12th day of June, 2007, to: 2 The Honorable Roslyn O. Silver 3 United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 525 4 401 West Washington Street, SPC 50 Phoenix, Arizona 85003-2153 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
4

/s/ Debra Carpenter
F:\ABC\Ammann\District\Motion to Extend Certain Deadlines.wpd