Case 2:11-cv-01426-GMS Document 130 Filed 10/02/12 Page 1 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

David S. Gingras, #021097 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Tel.: (480) 668-3623 Fax: (480) 248-3196 David@GingrasLaw.com Attorney for Plaintiff/Counterdefendant Xcentric Ventures, LLC

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Xcentric Ventures, LLC, an Arizona limited liability company, Plaintiff, v. Lisa Jean Borodkin, et al., Defendants. Raymond Mobrez, Counterclaimant, v. Xcentric Ventures, LLC, and Edward Magedson, Counterdefendants. Plaintiff/Counterdefendant XCENTRIC VENTURES, LLC (Plaintiff or Xcentric) respectfully submits the following response to Defendant LISA BORODKINs (Ms. Borodkin) third Motion for Extension of Time to Answer (Doc. #129). For the reasons stated herein, Ms. Borodkins motion should be denied. Case No.: 11-CV-1426-GMS PLAINTIFFS RESPONSE TO DEFENDANT LISA BORODKINS MOTION FOR (THIRD) EXTENSION OF TIME TO ANSWER/RESPOND

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Case 2:11-cv-01426-GMS Document 130 Filed 10/02/12 Page 2 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

As explained in Xcentrics recent Motion to Modify Case Management Order (Doc. #115) which this Court denied on Sept. 20, 2012 (Doc. #123), this action was filed on July 18, 2011 -- more than 14 months ago. During this time, Ms. Borodkin has asked for and received extension after extension after extension to plead or defend. As a result of Ms. Borodkins habitual dilatory conduct, she has not filed an Answer in this matter more than a year after the case was commenced. As explained in Xcentrics unsuccessful Motion to Modify, the existing Case Management Order (Doc. #85) provides for a discovery cutoff date of December 14, 2012. In addition, the CMO also provides that in order to meet the discovery cutoff, All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the discovery deadline. (emphasis added). Thus, per the existing CMO, all written discovery in this action must be served no later than Tuesday, October 30, 2012. Clearly, with an impending written discovery cutoff date of October 30, Ms. Borodkins proposed extension of time to answer though October 19 (her third such request in more than a year) is patently unworkable, unfair, and unacceptable. If this request was granted, Xcentric would be provided with a total of 11 calendar days to prepare and serve its written discovery requests as to all issues in this case, with absolutely no possibility for any follow-up requests. Furthermore, Ms. Borodkin has expressly informed Xcentrics undersigned counsel that she intends to pursue counterclaims against Xcentric, Xcentrics manager, and potentially undersigned counsel1 himself. Assuming Ms. Borodkin follows through with this threat, the result will be that Xcentric will be completely denied any opportunity to pursue written discovery from Ms. Borodkin as to her counterclaim because the written discovery deadline will expire before Xcentrics Answer to the counterclaim is due. See Fed. R. Civ. P. 12(a)(1)(B).
The existing CMO set a deadline to add new parties of 60 days from the date of the order; i.e., no later than July 23, 2012.
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Case 2:11-cv-01426-GMS Document 130 Filed 10/02/12 Page 3 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

This unworkable situation has been caused solely by Ms. Borodkins repeated requests for extensions and her refusal to respond to the merits of the claims against her. These delays must stop immediately. For these reasons, unless the Court is willing to reconsider its denial of Xcentrics request to extend the deadlines set in the existing Case Management Order, then Ms. Borodkins request cannot be granted because there is simply no time left for any further delays. Her motion should therefore be denied. RESPECTFULLY SUBMITTED October 2, 2012. GINGRAS LAW OFFICE, PLLC /S/ David S. Gingras David S. Gingras Attorney for Plaintiff/Counterdefendant Xcentric Ventures, LLC

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Case 2:11-cv-01426-GMS Document 130 Filed 10/02/12 Page 4 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE I hereby certify that on October 2, 2012 I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following: John S. Craiger, Esq. David E. Funkhouser III, Esq. Krystal M. Aspey, Esq. Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 Attorney for Defendant Lisa J. Borodkin Raymond Mobrez Iliana Llaneras PO BOX 3663 Santa Monica, CA 90408 Defendants Pro Se And a courtesy copy of the foregoing delivered to: HONORABLE G. MURRAY SNOW United States District Court Sandra Day OConnor U.S. Courthouse, Suite 622 401 West Washington Street, SPC 80 Phoenix, AZ 85003-215 /s/David S. Gingras

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