Gordon v. Impulse Marketing Group Inc

Filing 224

DECLARATION by Floyd E. Ivey in Support re 223 MOTION for Extension of Time to File Response/Reply as to 167 MOTION to Dismiss, 155 MOTION to Dismiss, 158 MOTION to Dismiss, 161 MOTION to Dismiss, 177 MOTION to Dismiss, 164 MOTION to Dismiss filed by Impulse Marketing Group Inc. (Ivey, Floyd)

Gordon v. Impulse Marketing Group Inc

Doc. 224

Case 2:04-cv-05125-FVS

Document 224

Filed 11/29/2005

FLOYD E. IVEY Liebler, Ivey, Connor, Berry & St. Hilaire 2 P. O. Box 6125 Kennewick, WA 99336-0125 3 5 0 9 -7 3 5 -3 5 8 1 Attorneys for Defendant 4 Impulse Marketing Group, Inc. and Third Party Plaintiff
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Klein, Zelman, Rothermel, & Dichter, L.L.P. By: Sean Moynihan, Esq.; Peter Glantz 485 Madison Avenue 7 New York, New York 10022 Telephone Number [phone] 8 Facsimile Number [phone] Attorneys for Defendant 9 Impulse Marketing Group, Inc. and Third Party Plaintiff

DOUGLAS E. MCKINLEY, JR. Attorney At Law P.O. Box 202 Richland, Washington 99352 12 509-628-0809 Fax [phone] Attorney for Plaintiff
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Motion to Expedite Motion to Clarify Scheduling Order Page 1 of 3
LIEBLER, IVEY, CONNOR, BERRY & ST. HILAIRE

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON ) ) ) Pl a i n t i f f , ) vs. ) ) IMPULSE MARKETING GROUP, ) INC., ) ) Defendant ______________________________ ) ) ) IMPULSE MARKETING GROUP, INC., ) ) ) Third-Party Plaintiff, ) vs. ) ) BONNIE GORDON, et al., ) ) Third-Party Defendants. JAMES S. GORDON, JR., No. CV-04-5125-FVS DECLARATION OF FLOYD E. IVEY RE: MOTION TO EXTEND TIME FOR FILING OF DEFENDANT'S RESPONSE TO THIRD PARTY DEFENDANT'S MOTION TO DISMISS WITHOUT ORAL ARGUMENT

Attorneys at Law P.O. Box 6125 Kennewick, Washington 99336-0125 [phone]

Dockets.Justia.com

Case 2:04-cv-05125-FVS

Document 224

Filed 11/29/2005

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The Defendant and Third Party Plaintiff has moved to Extend the time to file Defendant's Response to Third Party Defendant's Motion to Dismiss for hearing without Oral Argument on Friday, December 2, 2005. This motion was intended to have been filed during the week of November 14, 2005 for hearing on November 21, 2005 for filing of the indicated Defendant's Response by November 23, 2005. The clerk has advised this office, as of November 28, 2005, that the motion was not filed but that the proposed Order was filed twice. Defendant has filed the Response to Third Party Defendant's Motion to Dismiss as to all Third Party Defendant's Motions to Dismiss. Counsel and staff have found that the electronic filing of documents has posed problems not encountered when the printed document is prepared and delivered to a clerk. There have been several such instances where motions, orders, notices and declarations have been incorrectly filed with corrections caught shortly following the filing. Counsel for the Defendant and Third Party Plaintiff does not believe that this requested Extension and the error encountered is prejudicial to the Third Party Defendant whose Motion to Dismiss is first to be heard or to the remaining Third Party Defendants whose motions are set for consideration in mid December. The foregoing is stated on penalty of perjury as true and correct to the best of my knowledge. Signed at Kennewick. DATED this 29th day of November, 2005. LIEBLER, IVEY, & CONNOR, P.S. s/ Floyd E. Ivey Floyd E. Ivey, WSBA #6888 Attorneys for the Defendant Impulse

Motion to Expedite Motion to Clarify Scheduling Order Page 2 of 3

LIEBLER, IVEY, CONNOR, BERRY & ST. HILAIRE

Attorneys at Law P.O. Box 6125 Kennewick, Washington 99336-0125 [phone]

Case 2:04-cv-05125-FVS

Document 224

Filed 11/29/2005

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I hereby certify that on November 29, 2005, I electronically filed Declaration of Floyd E. Ivey regarding Defendant and Third Party Plaintiff's Motion for Extension of Time to File Defendant's Response to Third Party Defendant's Motion to Dismiss with the Clerk of the Court using the CM/ECF System which will send notification of such filing to Douglas E. McKinley, Jr., Peter J. Glantz and Sean A. Moynihan. I hereby certify that I have served the foregoing to the following non-CM/ECF participants by other means: Bonnie Gordon, Jonathan Gordon, James S. Gordon, III, Robert Pritchett, Emily Abbey and Jamila Gordon. S/ FLOYD E. IVEY FLOYD E. IVEY

Motion to Expedite Motion to Clarify Scheduling Order Page 3 of 3

LIEBLER, IVEY, CONNOR, BERRY & ST. HILAIRE

Attorneys at Law P.O. Box 6125 Kennewick, Washington 99336-0125 [phone]