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Jaburg & Wilk, P.C.

3200 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

602.248.1000

Kraig J. Marton (003816)

kjm@jaburgwilk.com

Jeffrey A. Silence (029143)

jxs@jaburgwilk.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Joanne Zuniga, an individual, and David 

M. Reaves, Chapter 7 Bankruptcy 

Trustee, 

Plaintiffs,

v.

Fiesta Pediatric Therapy, Inc., an 

Arizona corporation; Beth Williamson, 

an individual, and Randy Williamson, 

her husband,

 Defendants.

Fiesta Pediatric Therapy, Inc., an 

Arizona corporation; Beth Williamson, 

an individual, and Randy Williamson, 

her husband,

 

Counterclaimants,

vs.

Joanne Zuniga, an individual, and David 

Mr. Reaves, Chapter 7 Bankruptcy 

Trustee,

Counterdefendants.

Case No. CV-15-1978-PHX-DKD

PLAINTIFF JOANNE ZUNIGA’S

NOTICE OF LATE FILING OF 

MOTION FOR FEES AND NON- TAXABLE COSTS

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Case 2:15-cv-01978-DKD Document 194 Filed 05/14/18 Page 1 of 4
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Counsel for Plaintiff, Joanne Zuniga (“Joanne”), hereby provides notice to the 

Court that we are filing Joanne’s Motion for Attorney Fees and Non-Taxable Costs one 

business day late. 

Our law firm was unable to file the Motion on the due date (May 11, 2018) due 

to technical difficulties. Specifically, the Court’s ECR’s website rejected the Motion for 

reasons that we could not figure out. We then tried for over two hours to figure out a 

work around to the problem, but we were unsuccessful. Kraig Marton, Jeffrey Silence,

and Kim Rogers (their assistant) stayed at the office until 6:47pm trying to figure out 

what was causing the error for over two hours, but our efforts failed. Ms. Rogers then 

emailed Michael Schwartz a copy of the Motion at 6:47pm on May 11, 2018, and Jeff 

Silence explained to Mr. Schwartz that technical difficulties prevented us from timely

filing the motion. 

The issue has now been addressed. The Motion for Fees and Non-Taxable Costs 

is now being submitted concurrently herewith. We apologize to the Court and Mr. 

Schwartz for the delay. 

DATED this 14th day of May, 2018.

JABURG & WILK, P.C.

s/ Jeffrey A. Silence Kraig J. Marton

Jeffrey A. Silence

3200 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

Attorneys for Plaintiff Zuniga

Certificate of Service

I hereby certify that on 14th day of May, 2018, I electronically transmitted the attached document to the Clerk’s Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Michael L. Schwartz

Schwartz@schwartzlawfirmaz.com

MICHAEL L. SCHWARTZ, PLLC

7702 East Doubletree Ranch Road, Suite 300

Scottsdale, AZ 85258

Attorneys for Defendants

s/ Kim Rogers

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Jaburg & Wilk, P.C.

3200 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

602.248.1000

Kraig J. Marton (003816)

kjm@jaburgwilk.com

Jeffrey A. Silence (029143)

jxs@jaburgwilk.com

Attorneys for Plaintiff Zuniga 

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Joanne Zuniga, an individual, and David 

M. Reaves, Chapter 7 Bankruptcy 

Trustee, 

Plaintiffs,

v.

Fiesta Pediatric Therapy, Inc., an 

Arizona corporation; Beth Williamson, 

an individual, and Randy Williamson, 

her husband,

 Defendants.

Fiesta Pediatric Therapy, Inc., an 

Arizona corporation; Beth Williamson, 

an individual, and Randy Williamson, 

her husband,

 

Counterclaimants,

vs.

Joanne Zuniga, an individual, and David 

Mr. Reaves, Chapter 7 Bankruptcy 

Trustee,

Counterdefendants.

Case No. CV-15-1978-PHX-DKD

DECLARATION OF KIMBERLY 

ROGERS IN SUPPORT OF NOTICE 

OF LATE FILING OF MOTION FOR 

FEES AND NON-TAXABLE COSTS

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I, Kimberly Rogers, declare as follows: 

1. This Declaration is made of my own personal knowledge and if called as a 

witness could competently testify to the matters set forth herein. 

2. I have been as a legal assistant at the law firm of Jaburg & Wilk, P.C. 

(“Jaburg Wilk”) since March 2012. 

3. I have read Plaintiff’s Notice of Late Filing of Application for Fees and 

Non-Taxable Costs, and I confirm that the facts in that Notice are accurately set forth. 

I certify under penalty of perjury that the foregoing is true and correct.

 Executed this 14th day of May, 2018

s/ Kimberly Rogers

Kimberly Rogers

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