Case 2:11-cv-01426-GMS Document 129 Filed 10/02/12 Page 1 of 3

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777 South Figueroa Street, 37th Floor Los Angeles, CA 90017

TELEPHONE 213.596.5620

Lisa J. Borodkin (CA Bar #196412) lborodkin@zuberlaw.com

Admitted Pro Hac Vice Quarles & Brady LLP
Firm State Bar No. 00443100 Renaissance One, Two North Central Ave. Phoenix, AZ 85004-2391
TELEPHONE 602.229.5200

John S. Craiger (#021731) John.Craiger@quarles.com David E. Funkhouser III (#022449) David.Funkhouser@quarles.com Attorneys for Defendant Lisa Jean Borodkin

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA XCENTRIC VENTURES, L.L.C., Plaintiff, v. No. 2:11-CV-01426-PHX-GMS DEFENDANT LISA JEAN BORODKINS MOTION FOR EXTENSION OF TIME TO ANSWER FIRST AMENDED COMPLAINT

LISA JEAN BORODKIN and JOHN DOE BORODKIN, husband and wife; RAYMOND MOBREZ and ILIANA (Assigned to the Honorable G. Murray LLANERAS, husband and wife; DANIEL Snow) BLACKERT and JANE DOE BLACKERT, husband and wife; ASIA ECONOMIC INSTITUTE, LLC, a California limited (Expedited Consideration Requested) liability company, DOES 1-10, inclusive, Defendants.

For the reasons identified below, Defendant Lisa Jean Borodkin ("Ms. Borodkin") respectfully moves this Court for an extension of time by which she must file an answer to

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Plaintiff's First Amended Complaint, either until this Court rules on Ms. Borodkins pending Motion to Dismiss under Rule 12(b)(6) [Doc. #102], or through and including October 19, 2012. A proposed form of order is being submitted herewith. On July 31, 2012, Ms. Borodkin filed a Motion to Dismiss the First Amended Complaint for Failure to State a Claim under Rule 12(b)(6). [Doc. #102] Until October 2, 2012, Ms. Borodkin and her local counsel were under the good-faith impression that the pending Motion to Dismiss under Rule 12(b)(6) suspended Ms. Borodkins obligation to file an Answer. On September 20, 2012, this Court issued an order directing Ms. Borodkin to file an Answer to the First Amended Complaint. [Doc. #123] After checking with the Courts Judicial Assistant and the Federal Rule of Civil Procedure 15(a), Ms. Borodkin confirmed that the Rule 12(b)(6) motion would not suspend the time to answer with respect to an amended pleading. Until October 2, 2012, Ms. Borodkins local counsel was also under the same good-faith understanding that the Rule 12(b)(6) motion operated to suspend Ms. Borodkins obligation to answer. Ms. Borodkin will be traveling out of the country in Korea with her mother from October 4, 2012 to October 12, 2012. Ms. Borodkin respectfully requests the Court to exercise its discretion to extend Ms. Borodkins time to answer until after the Court rules on the Rule 12(b)(6) motion. The extension would serve judicial economy because the Rule 12(b)(6) motion has the potential to moot the rest of the action as to Ms. Borodkin. Alternatively, Ms. Borodkin respectfully requests that this Court grant an extension until October 19, 2012, one week after she returns from Korea with her mother. Ms. Borodkin has been participating actively in settlement efforts and has coordinated October 28, 2012 for a settlement conference in Phoenix with all other parties before the Honorable Bridget S. Bade. Ms. Borodkin will be traveling to attend the October 28, 2012 conference in person.

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Ms. Borodkin requested that Plaintiff's counsel agree and stipulate to an extension of time for Ms. Borodkin to answer the First Amended Complaint. Plaintiff's counsel denied this request. Accordingly, Ms. Borodkin now requests the same relief from this Court. For the above reasons, Ms. Borodkin respectfully requests that the Court grant her an extension of time, either until a ruling on Ms. Borodkins pending Motion to Dismiss under Rule 12(b)(6), or through and including October 19, 2012, seven days after she returns from Korea.

RESPECTFULLY SUBMITTED this 2nd day of October, 2012. By /s/ Lisa J. Borodkin Lisa J. Borodkin Admitted Pro Hac Vice QUARLES & BRADY LLP Renaissance One, Two North Central Avenue Phoenix, AZ 85004-2391 John S. Craiger David E. Funkhouser III Attorneys for Lisa Jean Borodkin

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