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Case 2:05-cv-02257-KHV-JPO Document 34 Filed 12/29/05 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE


DISTRICT OF KANSAS

GRACELAND COLLEGE CENTER FOR )


PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, )
BizSummits LLC, )
and Specialty Holdings LLC d/b/a VC South )
)
Defendants. )

MOTION FOR LEAVE TO EXTEND THE TIME TO RESPOND TO DEFENDANTS


MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

Plaintiff Graceland College Center for Professional Development and Lifelong Learning,

Inc., d/b/a SkillPath (SkillPath or Plaintiff), by and through its attorneys, hereby moves the

Court for its order allowing Plaintiff additional time to take jurisdictional discovery and respond

to Defendants Motion to Dismiss for Lack of Personal Jurisdiction (the Motion). In support of

this motion, SkillPath states as follows:

1. SkillPath filed its Complaint on June 22, 2005, and Defendant Price responded by

filing the Motion on September 1, 2005.

2. On September 26, 2005, SkillPath filed its Unopposed Motion for Leave to

Conduct Jurisdictional Discovery and Extend the Time to Respond to the Motion. On September

27, 2005, this Court granted the requested extension, setting the deadline for SkillPath to respond

to the Motion as November 16, 2005, which was the date proposed by SkillPath.

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3. On September 30, 2005, SkillPath served upon Defendant Price its First Requests

for the Production of Documents and Things.

4. On October 28, 2005, counsel for SkillPath emailed counsel for Defendants, Mr.

Jan Helder, to remind him that the deadline for responding to the discovery requests was

November 2, 2005, and to discuss taking the Defendant Prices deposition.

5. On November 2, 2005, the day Defendants discovery responses were due,

Defendants counsel asked counsel for SkillPath for an extension of the time to respond to the

requests until Friday of that week, November 4, 2005. Counsel for SkillPath granted the short

extension.

6. On Friday, November 4, 2005 at 6:15 p.m., Defendants counsel faxed the

discovery responses to counsel for SkillPath. The responses contained numerous objections, and

stated that the Defendant would produce documents at a time mutually agreeable to the parties.

7. Also on November 4, Plaintiff filed and served its Amended Complaint.

8. On Monday, November 7, the parties counsel had a telephone conference to

discuss scheduling of a deposition, Defendants objections to the discovery requests, and the

timing of producing documents.

9. On Friday, November 11, 2005, Defendants counsel emailed counsel for

SkillPath, stating that he was hopeful that he would have the Defendants documents to

counsel for SkillPath on Monday or Tuesday.

10. On Monday, November 14, 2005, at 6:48 p.m., having produced no documents in

response to discovery requests, Defendants counsel again emailed counsel for SkillPath asking

for counsels agreement to use certain financial documents only for settlement discussions. Mr.

Helder further stated: Also, I should have some of the documents/information related to your

document requests and our conversations related to them tomorrow.

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11. On November 15, 2005, at 5:44 p.m., Defendants produced by email certain

documents sought by Plaintiff. Those documents contained largely irrelevant material, unrelated

to the issues in this case, jurisdictional or otherwise.

12. On November 16, because of the Defendants discovery delays, SkillPath moved

this Court for additional time to respond to the Motion.

13. On November 29, this Court overruled the Motion as moot, because the Amended

Complaint had been filed. At the same time, the Court overruled as moot SkillPaths November

16 motion to extend the time to respond to the original Motion.

14. Shortly thereafter, on December 6, Defendants re-filed their Motion to Dismiss

for Lack of Personal Jurisdiction.

15. On at least six occasions between the time when Defendants served their

responses to SkillPaths first document requests and the present time, counsel for SkillPath has

attempted to obtain available dates for Prices deposition and request documents that were not

produced in response to Plaintiffs requests. Counsel for Defendants has not provided a

deposition date or the requested documents.

16. On or about December 18, 2005, Defendants counsel told Plaintiffs counsel that

he would be out of the office and would not be able to respond to the requests until January 2,

2006.

17. Defendants delay in producing documents and making Price available for a

deposition has hindered SkillPaths ability to adequately prepare a response to Prices Motion.

18. In addition, because of the Defendants failure to cooperate in discovery,

SkillPath needs additional time to take the deposition of Price.

19. Accordingly, SkillPath seeks an extension of the time to respond to the

Defendants Motion.

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20. The deadline for SkillPath to respond to the Motion is currently set as December

29, 2005. The deadline has not yet passed.

21. Defendants counsel has indicated to counsel for SkillPath that Defendants

consent to SkillPaths request for an additional 30 days in which to conduct jurisdictional

discovery and to respond to the Motion.

22. SkillPath previously, with the consent of Defendants counsel, sought and

obtained an extension of time to respond to the Motion originally filed by Defendant Price, as

explained above. SkillPaths second unopposed motion for additional time was overruled as

moot, as explained above. This is, therefore, the third such extension sought.

For the reasons set forth in this motion, SkillPath respectfully requests that this Court

extend the time for SkillPath to respond to Defendants Motion to Dismiss for Lack of Personal

Jurisdiction through January 30, 2005, and for such other and further relief as this Court deems

just and proper.

Dated: December 29, 2005 Respectfully submitted,

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Robert Lesley


Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com

Attorneys for Plaintiff Graceland College Center for


Professional Development and Lifelong Learning, Inc.,
d/b/a/ SkillPath, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on December 29, 2005, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:

Jan P. Helder, Jr., Esq.


Helder Law Firm
2300 Main St., 9th Floor
Kansas City, MO 64108
jph@helderlaw.com

__/s/ Robert Lesley ______________


Attorney for Plaintiff

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