Case 2:05-cv-02257-KHV-JPO Document 22 Filed 11/16/05 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, d/b/a )
BizSummits, SkillSummit, )
and VC South )
)
Defendant. )

MOTION FOR LEAVE TO EXTEND THE TIME TO RESPOND TO DEFENDANT’S
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 Defendant Michael Price’s (“Price” or Defendant”) 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 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 its First Requests for

the Production of Documents and Things.

4. On October 28, 2005, counsel for SkillPath emailed counsel for Price, 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’s deposition.

5. On November 2, 2005, the day Defendant’s discovery responses were due,

Defendant’s 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., Defendant’s 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. On Monday, November 7, the parties’ counsel had a telephone conference to

discuss scheduling of a deposition, Defendant’s objections to the discovery requests, and the

timing of producing documents.

8. On Friday, November 11, 2005, Defendant’s counsel emailed counsel for

SkillPath, stating that he was “hopeful” that he would have the Defendant’s documents to

counsel for SkillPath on “Monday or Tuesday.”

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

response to discovery requests, Defendant’s counsel again emailed counsel for SkillPath asking

for counsel’s 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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10. On November 15, 2005, at 5:44 p.m., the Defendant produced by email certain

documents sought by Plaintiff. Defendant’s counsel has not had an opportunity to determine

whether Defendant has complied with its discovery requests and further discussions related to

them.

11. Defendant’s delay in producing documents and making Price available for a

deposition has hindered SkillPath’s ability to adequately prepare a response to Price’s Motion.

12. In addition, because of the Defendant’s delay in producing documents and the

upcoming Thanksgiving holiday, SkillPath needs additional time to take the deposition of Price.

13. Accordingly, SkillPath seeks an extension of the time to respond to Price’s

Motion.

14. The deadline for SkillPath to respond to the Motion is currently set as November

16, 2005. The deadline has not yet passed.

15. Defendant’s counsel has indicated to counsel for SkillPath that Defendants

consent to SkillPath’s request for an additional 30 days in which to conduct jurisdictional

discovery and to respond to the Motion.

16. SkillPath previously, with the consent of Defendant’s counsel, sought and

obtained an extension of time to respond to the Motion, as explained above. This is, therefore,

the second 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 Defendant’s Motion to Dismiss for Lack of Personal

Jurisdiction through December 16, 2005, and for such other and further relief as this Court

deems just and proper.

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Dated: November 16, 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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Case 2:05-cv-02257-KHV-JPO Document 22 Filed 11/16/05 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that on November 16, 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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