Corbello v. DeVito

Filing 449

ORDER GRANTING 442 Motion to Extend Time. Responses due by 3/14/2011 re 396 MOTION to Compel. Signed by Magistrate Judge Peggy A. Leen on 3/14/11. (Copies have been distributed pursuant to the NEF - ECS)

Corbello v. DeVito

Doc. 449

1 Gregory H. Guillot, Admitted pro hac vice [e-mail] 2 GREGORY H. GUILLOT, P.C. 13455 Noel Road, Suite 1000 3 Dallas, TX 75240 Phone: [phone] Fax: [phone] John L. Krieger, Nevada Bar No. 6023 [e-mail] 6 LEWIS AND ROCA LLP 3993 Howard Hughes Parkway, Suite 600 7 Las Vegas, NV 89169 Phone: [phone] Fax: [phone] George L. Paul, Admitted pro hac vice [e-mail] 10 Robert H. McKirgan, Admitted pro hac vice [e-mail] 11 LEWIS AND ROCA LLP 40 North Central Avenue, Suite 1900 12 Phoenix, AZ 85004 Phone: [phone] Fax: [phone] Attorneys for Plaintiff, DONNA CORBELLO 15 16 17 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case No. 2:08-cv-00867-RCJ-PAL 19 20 vs. Plaintiff, MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT BRICKMAN'S MOTION TO COMPEL (Doc. 396) (Sixth Request)

18 DONNA CORBELLO, an individual,

21 THOMAS GAETANO DEVITO, an individual, et al., 22 Defendants. 23 24

Plaintiff, Donna Corbello, by her attorneys, and pursuant to LR 6-1 and 7-2, hereby

25 moves for a further extension of time, through Monday, March 14, 2011, in which to respond to 26 the Motion by Defendant Marshall Brickman to Compel Further Responses by Plaintiff to 27 Interrogatories, (Doc 396). Whereas Plaintiff's response is currently due today (March 11, 28

Dockets.Justia.com

Case 2:08-cv-00867-RCJ-PAL Document 442

Filed 03/11/11 Page 2 of 4

1 2011), the requested extension is for one business day. This is Plaintiff's sixth request for an 2 extension of time. 3 Plaintiff submits that good cause exists for the grant of the requested extension. As

4 explained in the parties' preceding Stipulation (Doc. 438), Plaintiff's lead counsel had 5 obligations in another matter earlier this week, and, beginning yesterday afternoon and 6 continuing through today, counsel has had to deal with an unexpected emergency on behalf of an 7 existing client in New Orleans, involving a trademark infringement matter for which a complaint 8 and application for a temporary restraining order must be filed in the Eastern District of 9 Louisiana. Counsel has now secured a local counsel to assist in that matter, so he can continue to 10 focus on the extant issues in this case. However, as a result of this unscheduled obligation, 11 Plaintiff's counsel has been unable to complete Plaintiff's response to (Doc. 396.) Accordingly, 12 the additional time requested is necessary. 13 This request is not made for any improper purpose or delay, and Defendant will not be

14 prejudiced thereby, as the parties have requested that the hearing previously scheduled for March 15 22, 2011 on Defendant's Motion be taken off the calendar, pending a forthcoming stipulation to 16 reset the hearing date. 17 IN VIEW OF THE ABOVE, Plaintiff respectfully requests that her present Motion be

18 granted, and that she be accorded through Monday, March 14, 2011 to file her response to 19 Defendant's Motion. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2

1 Dated: March 11, 2011 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 27 28

RESPECTFULLY SUBMITTED:

By:_/s/Gregory H. Guillot___________________ Gregory H. Guillot George L. Paul John L. Kreiger (Nevada Bar No. 6023) Robert H. McKirgan Attorneys for Plaintiff, Donna Corbello

IT IS SO ORDERED:

UNITED STATES MAGISTRATE JUDGE DATED March 14, 2011

3

Case 2:08-cv-00867-RCJ-PAL Document 442

Filed 03/11/11 Page 4 of 4

1 2

CERTIFICATE OF SERVICE

I, Gregory H. Guillot, do hereby certify that a true and correct copy of the foregoing document was served, by CM/ECF, on this, the 11th day of March 2011, upon each of the 3 following: 4 Daniel M. Mayeda 5 LEOPOLD, PETRICH & SMITH, P.C. 2049 Century Park East, Suite 3110 6 Los Angeles, California 90067-3274 7 David S. Korzenik 8 MILLER KORZENIK SOMMERS LLP 488 Madison Avenue, Suite1120 9 New York, New York 10022-5702 10 Samuel S. Lionel 11 Todd Kennedy LIONEL, SAWYER & COLLINS 12 300 So. 4t Street # 1700 Las Vegas, Nevada 89101 13 Attorneys for Defendants, Frankie Valli, Robert J. Gaudio, 14 Marshall Brickman, Eric S. Elice, Des McAnuff, 15 DSHT, Inc., and Dodger Theatricals, Ltd. 16 L. Bradley Hancock Christopher B. Payne 17 Greenberg Traurig, LLP 1000 Louisiana, Suite 1800 18 Houston, TX 77002 19 Booker T. Evans, Jr. 20 Greenberg Traurig LLP 2375 East Camelback Road, Suite 700 21 Phoenix, AZ 85016 22 Alma Chao 23 Greenberg Traurig, LLP 3773 Howard Hughes Parkway 24 Suite 500 North Las Vegas, NY 89169 25 26 Attorneys for Defendant, Thomas Gaetano DeVito 27 28

__/s/Gregory H. Guillot Gregory H. Guillot