HTWF Motion to extend time to file | Brief (Law) | Appeal

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The Law Offices of
GARY BROWN
1 South Fair Oaks Avenue, Suite 301
Pasadena, CA 91105-1945
Telephone: (818) 293-0979
Facsimile: (818) 293-0760
Bar Number: 52249
Attorney for
Heal The W orId
Foundation, Inc., United Fleet,
Appellants/Defendants.
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UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
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12 JOHN BRANCA, Special Administrator of
13 the Estate of MichaelJ. Jackson; JOHN
14 MCCLAIN, Special Administrator of the
15 Estate of MichaelJ. Jackson and TRIUMPH
16 INTERNATIONAL INC. a California
17 Corporation.
18 Plaintiff/Counter Defendant/Appellees,
19 -vs-
20 HEAL THE WORLD FOUNDATION,
21 INC. and UNITED FLEET, a California
22 Corporation
23 Defendant/Cross Claimant/Appellants.
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CA No. 11-56926
DC Case No.: CV-09-07084-DMG (PLAx)
Second Motion For Extension OfTiIne
To File Appellants' Opening Brief
25 Appellants Heal the World Foundation, Inc. and United Fleet, through undersigned
26 counsel, hereby requests a second extension of time to file their opening brief now due J anu
27 7,2013, for the reasons which follow. Fundamentally, a draft of the opening brief which is
28 now about 12,000 words, but many documents, particularly sealed records, have not yet been
SECOND REQUEST FOR TIM
4 699 - Second Request for Extension of Time v2
Case: 11-56926 01/06/2013 ID: 8462606 DktEntry: 29 Page: 1 of 3

1 acquired from fonner counsel, the president of an appealing party (who just had a baby), or
2 the court files.
3 Undersigned Counsel understands that this motion should have been filed at least 7
4 calendar days before the due date for the opening brief. [Rule 31-22(b).J However, this
5 application was delayed by one week because the mother of applying counsel was hospitalized
6 for emergency treatment that lead to her transfer to hospice care. Applying counsel is her
7 conservator and was actively involved at all stages in visits, meetings, consultations with
8 physicians and family gatherings. Counsel has returned to the task at hand even though the
9 final stages of life of his mother are unfolding rapidly.
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11 In its Order of November 17, 2012 this Court's granted undersigned incoming
12 attorney's application, in part, for an extension of time to file appellants' opening brief set for
13 January 7, 2013, and cautioned that no further extensions would be entertained. The grant was
14 about half the time requested and there was a minimal record in hand suggesting relief should
15 be granted and warranting further work to develop the motion. While counsel has attempted
16 to meet this deadline, the lack of a complete record requires that he must seek more time in
17 the interest of justice to read documents missing until almost a day ago and determine whether
18 any meritorious issues exist which would be forfeited is not raised in the opening brief.
19 Since entering his appearance, undersigned counsel has diligently attempted to obtain
20 the record consisting of some 300 district court docket entries involving about a dozen lawyers
21 of which 35 were filed under seal. That search, including documents obtained through Pacer
22 has resulted in receipt of the bulk of documents not sealed. In addition, some of the sealed
23 documents have been provided by some prior counsel, but others have not been produced
24 although requested. Some were provided partially, such as first pages only. " Prior counsel has
25 assured cooperation. In fact, six of the needed documents were just provided a day ago and
26 have yet to be read and evaluated for issues on appeal.
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28 1/ For example, DE 119 was provided but contained only the first page.
SECOND REQUEST FOR TIM
4699 - Second Request for Extension of Time v2
Case: 11-56926 01/06/2013 ID: 8462606 DktEntry: 29 Page: 2 of 3

1 Adding to the difficulty of retrieving documents, the president of Heal the World
2 Foundation, individually a parly at interest, although not a defendant, as a subject of contested
3 rulings, recently gave birth to a baby and although cooperating fully also needs more time to
4 complete the search for many boxes in storage. Just yesterday she found yet more from the
5 many boxes of materials in storage.
6 Despite these hindrances more than 12000 words have been drafted in furtherance of
7 the position of these moving parties. The problem is that the missing documents potentially
8 support other vital arguments that should not be overlooked.
9 Appellees have consistently opposed all actions by these moving parties. Due to the
10 unusual circumstances facing this counsel, opposing counsel was not contacted to learn their
11 position about this further extension.
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14 For the reasons stated, appellants request a 60 day extension from January 7,2013, to
15 file tlleir opening brief.
16 Dated: January 6,2013
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SECOND REQUEST FOR TIM
4699 - Second Request for Extension of Time v2
Case: 11-56926 01/06/2013 ID: 8462606 DktEntry: 29 Page: 3 of 3

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