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Cultura Documentos
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
1. SkillPath filed its Complaint on June 22, 2005, and Defendant Price responded by
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
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
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.
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.
discuss scheduling of a deposition, Defendants objections to the discovery requests, and the
SkillPath, stating that he was hopeful that he would have the Defendants documents to
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
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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
12. On November 16, because of the Defendants discovery delays, SkillPath moved
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
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
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.
Defendants Motion.
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20. The deadline for SkillPath to respond to the Motion is currently set as December
21. Defendants counsel has indicated to counsel for SkillPath that Defendants
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
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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:
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