Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1 :04-cv-01380-GIVIS Document 48 Filed 04/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
)
In re: ) Case No. 00-1982 (GMS)
)
GST TELECOM INC., g g, ) Jointly Administered
)
Debtors. )
)

)
GST TELECOM INC., g Q., )
) Adv. Pro. No. 04-55890 (GMS)
Counterplaintiffs, )
) Civil Action No.: 04-CV-1380
v. )
)
JOHN WARTA, )
)
Counterdefendant. )
AGREED MOTION FOR EXTENSION OF TIME
John Warta ("Warta"), by and through his undersigned counsel, hereby moves the Court
for an extension of time to tile his reply in support of his motion for summary judgment. In
support of his motion, which is unopposed by GST, Warta states as follows:
1. Pursuant to the Case Management Order signed by the Court on December 9,
2004 (the “Order"), the deadline for tiling dispositive motions was March 15, 2005. The Or·der
provided for the briefing on dispositive motions to occur pursuant to the Court’s Local Rules.
Warta tiled a motion for summary judgment on March 15, 2005 (D.I. 39). GST tiled its response
to Warta’s Motion for Summary Judgment on April 5, 2005. Under the Court’s Local Rulles,
Warta has Lmtil April 12, 2005 to tile his response.

Case 1:04-cv—01380-G|\/IS Document 48 Filed 04/07/2005 Page 2 of 4
2. Mr. Warta hereby seeks a brief one-week extension of the deadline to file his
reply brief. Accordingly, Mr. Warta would have until April 19, 2005 to file his reply in support
of his Motion for Partial Summary Judgment Regarding Counts I-IV of GST’s Amended
Counterclaim. GST does not oppose the present motion.
WHEREFORE, John Warta requests that his time to file his reply in support of his
motion for summary judgment be extended as set forth above.
Wilmington, Delaware
Date: April 7, 2005
ASHBY & GEDDES, P.A.
{_ if gi g *
Philip Trainer, Jr. (l.D. #2788)
Ricardo Palacio (I.D. #3765)
222 Delaware Avenue, 17th Floor
PO Box 1150
Wilmington, DE 19899-1150
Telephone: (302) 654-1888
-and—
KENNEDY, WATTS, ARELLANO &
RICKS LLP
Joseph C. Arellano, Esq.
Daniel L. Keppler, Esq.
1211 SW 5°h Ave., Suite 2850
Portland, OR 97204
Telephone: (503) 228-6191
Counsel for John Warta
155562.1
2

Case 1:04-cv—01380-G|\/IS Document 48 Filed 04/07/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
)
In re: ) Case N0. 00-1982 (GMS)
)
GST TELECOM INC., et g, ) Jointly Administered
)
Debtors. )
)

)
GST TELECOM INC., g Q., )
) Adv. Pro. N0. 04-55890 (GMS)
Counterplaintiffs, )
) Civil Action N0.: 04-CV-1380
v. . )
)
JOHN WARTA, )
)
Counterdefendant. )
AGREED ORDER
THIS MATTER COMING before the Court on the Agreed Motion for Extension of
Time, the Court being duly advised in the premises, and pursuant to agreement between the
parties, it is hereby Ordered that John Warta shall have an additional seven (7) days to file his
reply in support of his Motion for Partial Summary Judgment Regarding Counts I-IV of GST’s
A Amended Counterclaim. Mr. W&ft8,S reply is now due on or before April 19, 2005.
Dated: , 2005
Gregory M. Sleet
United States District Court Judge

Case 1:04-cv—01380-G1|\/IS Document 48 Filed 04/07/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I, Ricardo Palacio, hereby certify that, on April 7, 2005, I caused one copy of the
foregoing Agreed Motion for Extension of Time to be served upon the persons listed below by
first class United States Mail, postage prepaid, or in the manner so indicated.
HAND DELIVERY U.S. MAIL & FACSIMILE
Steven M. Yoder, Esq. William J. Gibbons, Esq.
Christopher A. Ward, Esq. Danielle S. Kemp, Esq.
The Bayard Firm Latham & Watkins
Wilmington, DE 19801 Suite 5800 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Facsimile: 312-993-9767
{ gg- g.Q»\`>
Ricar o alacio (I.D. #3765)
155562.1