Case 2:17-Cv-00427-BSJ Document 34 Filed 04/26/18 Page 1 of 3
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Case 2:17-cv-00427-BSJ Document 34 Filed 04/26/18 Page 1 of 3 Brian S. King, #4610 BRIAN S. KING, PC 336 South 300 East, Suite 200 Salt Lake City, UT 84111 Telephone: (801) 532-1739 Facsimile: (801) 532-1936 [email protected] Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION AMY G. and GARY G., individually and as Civil No. 2:17-cv-00427 BSJ guardians of A.G., a minor, [unopposed] MOTION TO EXTEND Plaintiffs, DEADLINE FOR PLAINTIFFS' vs. OPPOSITION MEMORANDUM UNITEDHEALTHCARE, UNITED BEHAVIORAL HEALTH, and the GEICO CORPORATION CONSOLIDATED WELFARE BENEFIT PLAN, Defendants. Plaintiffs, through their undersigned counsel, move this Court for an extension of the time frame for filing of their Opposition Memorandum (“Opposition Memo”) to the Defendants’ Motion for Summary Judgment. The Opposition Memo was due by midnight on Wednesday, April 25, 2018. It was actually filed Thursday, April 26, 2018 at 12:18 a.m., eighteen minutes late. Foreseeable, but unwished for, circumstances, together with unforeseen emotional impact from those circumstances, constitute good cause for this motion. Specifically, Plaintiffs’ counsel, in an abundance of hopefulness and positive feeling about his favorite pro basketball team, took a break from his labors on the Opposition Memo at Case 2:17-cv-00427-BSJ Document 34 Filed 04/26/18 Page 2 of 3 approximately 7:30 p.m. yesterday evening to watch Utah Jazz play the Oklahoma City Thunder in game 5 of the Round 1 NBA basketball playoffs. At approximately 9:15 p.m., in the third quarter of the game, the Jazz held a 25 point lead. Disaster then struck in the form of bad officiating,1 Jazz turnovers and poor shot selection, the absence of the best defense player in the league,2 and Michael Westbrook.3 Until this point, prospects for the timely submission of the Opposition Memo were excellent. But the emotional effect of an eventual Jazz loss (which began at approximately 10:00 p.m.) was, to say the least, dispiriting. The pallor cast on counsel’s mind eventually let to submission of a written product that was twice as long and half as strong as it would have been had the Jazz emerged victorious. As well as eighteen minutes tardy.4 Although from Minneapolis, defense counsel does not object to this Motion. For purposes of this playoff series, he’s a Jazz fan, too.5 Dated this 26th day of April, 2018. DATED this 26th day of April, 2018 s/ Brian S. King Brian S. King Attorney for Plaintiffs 1 Phantom contact between Rudy Gobert and Carmelo Anthony, a particularly egregious foul call, resulted in Gobert’s fourth infraction and limited his playing time for the rest of the game. 2 See fn. 1 3 Painful though it is for Plaintiffs’ counsel to admit it, Michael Westbrook is a very good basketball player. 4 Plaintiffs’ counsel’s emotional setback is temporary. The Jazz will emerge victorious tomorrow night and proceed to play the Houston Rockets in the Western Conference semi-finals. 5 Jazz team chemistry and the quality of play from, among others, Rudy Gobert, Donovan Mitchell, Ricky Rubio, Joe Ingles, and Derrick Favors have won the hearts of people across the country. 2 Case 2:17-cv-00427-BSJ Document 34 Filed 04/26/18 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been delivered via the Court's electronic filing and case management system to the following: Chris Martinez DORSEY & WHITNEY LLP 111 South Main St., 21st Floor Salt Lake City, UT 84111 [email protected] Timothy E. Branson DORSEY & WHITNEY LLP 50 South Sixth Street Minneapolis, MN 55402 [email protected] DATED this 26th day of April, 2018. s/ Linda Bosen 3 Case 2:17-cv-00427-BSJ Document 34-1 Filed 04/26/18 Page 1 of 1 Brian S. King, #4610 BRIAN S. KING, PC 336 South 300 East, Suite 200 Salt Lake City, UT 84111 Telephone: (801) 532-1739 Facsimile: (801) 532-1936 [email protected] Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION AMY G. and GARY G., individually and as Civil No. 2:17-cv-00427 BSJ guardians of A.G., a minor, ORDER EXTENDING DEADLINE Plaintiffs, vs. UNITEDHEALTHCARE, UNITED BEHAVIORAL HEALTH, and the GEICO CORPORATION CONSOLIDATED WELFARE BENEFIT PLAN, Defendants. Based on the Plaintiffs' unopposed motion and good cause appearing, it is hereby ORDERED that the deadline for submission of the Plaintiffs' opposition memorandum shall be extended from March 25, 2018 to March 26, 2018. DATED this ___ day of _______________, 2018. ____________________________________ U.S. District Court Judge Bruce S. Jenkins .