MARCH v. LEVINE

TRAUGER, Judge.

Come now the Respondents, Lawrence E. Levine and Carolyn R. Levine, and request an additional one-week extension of time (or until March 8, 2002) to file a response to the Petitioners request for attorneys' fees in this matter. In support of their request, the Respondents rely upon the Affidavit of Cindy Alexander, legal secretary to C.J. Gideon, which is attached as Exhibit 1, and the Respondent's previous request for extension of time, which is filed as Exhibit 2.

As set forth in the attached Affidavit, Mr. Gideon, counsel for the Levines, has been in trial in Smith County, Tennessee in the matter ofKelli Lynn Harper and Joseph Stephen Harper. Jr., surviving children of Joseph Stephen Harper. deceased vs. SCMH Corporation d/b/a Smith County Memorial Hospital et al., Docket No. 4314. The trial was expected to be concluded on Monday February 25, 2002. However, the trial has not yet concluded, and Mr. Gideon continues to be trial in Smith County as of February 27, 2002. The Respondents previous request for extension of time also sets forth the time constraints faced by Mr. Gideon. As a result of Mr. Gideon's continued presence at trial in Smith County, the Respondents request an extension of time until March 8, 2002 to file a response to the Petitioner's request for attorneys' fees. The Respondents respectfully submit that the Petitioner would not be prejudiced by an additional one week extension of time.

PERRY A. MARCH, In his capacity ) as the father of SAMPSON LEO MARCH ) and TZIPORA JOSETTE MARCH, ) both minor children, ) ) Petitioner, ) Civil No.: 3:00-0736 ) Judge Trauger v. ) Magistrate Griffin ) LAWRENCE E. LEVINE and ) CAROLYN R. LEVINE ) ) Respondents. )

STATE OF TENNESSEE ) ) COUNTY OF DAVIDSON )

Affiant, Cindy Alexander, after being duly sworn, comes now and testifies as follows:

1. I am over twenty-one (21) years of age, and I am competent to testify as to the matters stated within this affidavit. I base my testimony on my personal knowledge and experience.

2. I am the legal secretary for C.J. Gideon, Jr. Mr. Gideon is currently in trial in Smith County, Tennessee in the matter of Harper v. SCMH Corporation d/b/a Smith Count Memorial Hospital, et al., Docket No. 4314. Although Mr. Gideon expected the trial to be concluded by February 25, 2002, the trial has not concluded, and Mr. Gideon remains In trial as of today, Wednesday, February 27, 2002.

FURTHER AFFIANT SAITH NOT.

_________________________ CINDY ALEXANDER

Sworn to and subscribed before me this __27th__ day of __February__, 2002.

_____________________________ NOTARY PUBLIC

My Commission Expires:

________1-29-05______________

PERRY A. MARCH, in his capacity ) as the father of SAMPSON LEO MARCH ) and TZIPORA JOSETTE MARCH, ) both minor children, ) ) Petitioner, ) Civil No.: 3:00-0736 ) Judge Trauger v. ) Magistrate Griffin ) LAWRENCE E. LEVINE and ) CAROLYN R. LEVINE ) ) Respondents. )

The respondents respectfully move the Court, pursuant to F.R.Civ.P. 54 (d)(2)(C), to extend the time for filing of adversary submissions in response to the petitioner's Local Rule 13(e) motion for an award of foes.

The respondents move the Court for an extension of time until March 1, 2002 to file their responses to the pending motion for an award of fees.

The near term schedule of counsel for the respondents, summarized below, necessitates the motion for an extension of time:

• Rule 20 disclosures in Flynt v. Sunbridqe Health Care Center due February 1, 2002.

• Meeting with client in Beeler v. Knoxville Infectious Disease Consultants, P.C. (Knoxville) and deposition of economist Boehm in Croaqer v. Oldfield (Knoxville). February 11-12, 2002;

• Preparation for trial in Harper v. Petty, February 12-13, 2002;

• Meeting with client in Davis v. Five Rivers Obstetrics Gynecology (Morristown), February 14, 2002.

• Oral argument, Tennessee Court of Appeals, Levine v. March, February 15, 2002:

• Trial of Harper v. Petty, February 18-25, 2002.

While counsel for the respondents will continue evaluating the petitioner's motion for fees and the supporting materials, additional time is required to complete that process, to obtain the consultation of others, and to prepare and submit the adversary submissions.

Respectfully submitted,

________________________________ C.J. Gideon, Jr., #6034 414 Union Street Bank of America Plaza, Suite 1900 Nashville, Tennessee 37219-1182 (615) 254-0400 Attorney for Respondents

I certify that a true and correct copy of the foregoing document has been furnished to the following by U.S. mail, first class postage pre-paid to:

John E. Herbison, Esq. 2016 Eighth Avenue, South Nashville, Tennessee 37204

Robert S. Catz, Esq. P.O. Box 4913 Palm Springs, California 92263-4193

Gregory D. Smith, Esq. Stites Harbison 424 Church Street, Suite 1800 Nashville, Tennessee 37219

on this the 6th day of February, 2002