Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 727

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 727

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John C. Kubasch, Esq. (020536) Craig J. Rosenstein, Esq. (024766) KUBASCH AND ROSENSTEIN, PLLC P. O. BOX 15342 Scottsdale, Arizona 85267 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Edward Douglas Pisciotta, Jr.,, Plaintiff, vs. Steve Waugh, in his individual and and official capacity; et. al., Defendants. Case No.: CV05-3205-PCT-NVW PLAINTIFF'S MOTION FOR RELIEF FROM ORDER GRANTING SUMMARY JUDGMENT AND JUDGMENT THEREON (Oral Argument Requested)

Plaintiff, by and through Counsel undersigned, moves this court for an order setting aside the summary judgment granted herein in favor of Defendants in accordance with Rule 60(b) of the Federal Rules of Civil Procedure, for the reason that no hearing had been set in this matter and no deadline had yet passed for Plaintiff to serve any opposing documents. Defendants filed a motion for summary disposition on June 27, 2007, stating that the deadling for Plaintiff's response was June 20, 2007. However, Rule 56(c) provides that a motion for summary judgment shall be served at least 10 days before the time fixed for the hearing and the adverse party may serve opposing affidavits prior to the day of the hearing. Perhaps Defendants have used the Arizona Rules of Civil Procedure in calculating this deadline, but they are incorrect.

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Dockets.Justia.com

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Because Plaintiff did not miss any deadline to serve opposing documents, the summary disposition was inappropriate and the summary judgment should be set aside and a hearing set for determination of the summary judgment proceedings. Plaintiff serves his opposition to the summary judgment with this motion and will serve affidavits prior to the hearing set by the Court. Plaintiff respectfully requests the Court set aside the summary judgment and set the hearing as discussed herein. DATED this 28th day of June, 2007 KUBASCH AND ROSENSTEIN, PLLC

By

s/John C. Kubasch John C. Kubasch, Esq. Craig J. Rosenstein, Esq. Attorneys for Plaintiff

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I hereby certify that on June 28, 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 the following CM/ECF registrants: James M. Jellison Jellison Law Offices, PLLC 3101 North Central Avenue Suite 1090 Phoenix, AZ 85012 Attorney for Defendants I hereby certify that on June 28, 2007, I served the attached Document by US Mail on the Following, who are not registered Participants of the CM/ECF System: Honorable Neil V. Wake United States District Court Sandra Day O'Connor US Court House Suite 524 401 West Washington Street, SPC 52 Phoenix, AZ 85003 By s/Ashley Alford

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