Opinion
Case No. 3:10-cv-00716-RCJ-VPC) 3:10-cv-00804-RCJ-VPC
10-13-2011
JAMES W. FORSYTHE, Plaintiff. v. JOSEPH BROWN; COGNATE 3 LLC, et al.; Defendants. and related claims, cross claims, and third party claims ,
Marie Mirch Counsel for Plaintiffs
Mirch Law Office
Marie C. Mirch SBN 6747
Attorney for the Plaintiff, Counterdefendant,
and Third-Party Defendant.
EMERGENCY APPLICATION FOR
7 HOUR EXTENSION OF TIME TO FILE
REPLY TO OPPOSITION TO MOTION
TO QUASH (Dkt #92)
and
OPPOSITION TO MOTIONS FOR
SANCTIONS AGAINST PLAINTIFF
AND CONTEMPT AGAINST
DEANE ALBRIGHT
(Dkt #s 93 and 94)
Plaintiff, James W. Forsythe, by and through his counsel of record, respectfully requests a very brief extension of time in which to reply to the opposition (#92) filed on behalf of the Cognate parties to the motions to quash, and the motions for sanctions against Dr. Forsythe, and Motion for Contempt of Mr. Albright (# # 93 and 94). This motion is made on an "emergency" basis as the documents are due by the close of business today, and counsel will not be able to complete the same until later tonight from Miami, FL.
AFFIDAVIT OF MARIE MIRCH
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1, MARIE MIRCH after being duly sworn and under penalty of perjury state:
1. I am the counsel for Plaintiff the present action, as well as the Counter Defendant to the Counterclaim asserted by Cognate 3, LLC.
2. I am over the age of eighteen, and am competent to testify as to the matters set forth. 1 do so with personal knowledge, and if called upon to testify I am able and willing to do the same.
3. In the afternoon of October 11,2011,1 received an Oder from this Court shortening=g the time for me to reply to defendants' opposition to my motions to quash.
4. The Order also shortened the time for me to oppose two motions that defendants had filed, one against Dr. Forsythe for alleged discovery violations, and one against Deane Albright for alleged contempt.
5. I was not able to work on these documents on the date of the order as I was completing an opening brief and appendix in an appeal to the Ninth Circuit of Appeals.
6. I am traveling today, October 13, all day to Miami, Florida to take a deposition in this case tomorrow, October 14, 2011. My flight leaves at 10:00 a.m. and arrives in Miami at 7:45 p.m. A copy of my itinerary is attached hereto.
7. Monday, October 10, 2011 was a state and federal holiday in California, thereby giving me two business days in which to complete my complete weeks' work in two days before leaving for Miami.
8. 1 worked diligently on October 12, to finish my other work which was time sensitive to afford me adequate time to respond to Defendants' opposition and motions. However, I could not finish these documents in time.
9. I will not be able to complete these documents and have them ready for filing until I reach Miami, where I finish my reply and oppositions and e-file from my hotel.
10. I have notified opposing counsel by email that I am filing this motion.
11. The Order shortening time requires I file the documents by close of business today. By granting me a 7 hour extension until midnight, the documents will be filed on the date required and I will be afforded the time I need to complete my responses.
I swear under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.
Marie Mirch
Counsel for Plaintiffs
IT IS ORDERED
________________________________
U.S. MAGISTRATE JUDGE