Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:01-cv-02315-LTB-CBS

Document 502

Filed 01/31/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 01-cv- 02315- LTB- CBS

HARVEY SENDER, TRUSTEE OF THE LIFEBLOOD BIOMEDICAL , INC. LIQUIDATION
TRUST , and

HARVEY SENDER, TRUSTEE OF THE LIFEBLOOD BIOMEDICAL , INC. OPT- IN- TRUST
Plaintiffs

WILLIAM JEFFREY MANN , an individual; WILLIAM WELLS an individual; FREEBORN & PETERS , an Illinois partnership; MICHAEL SABlAN , an individual; DARWIN 1. POYFAIR, an individual; MERKLE & MAGRI , a Florida professional association; JAMES R. LEONE , P. , a Florida professional association; JAMES R. LEONE , an individual; and THE WILLIAM & ELAINE WELLS F AMIL Y LIMITED PARTNERSHIP , a Florida limited partnership,
Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendants Darwin 1.

Poyfair , Michael Sabian and Freeborn

Peters (" Freeborn

Defendants ) respectfully move this Court for an enlargement
through and including February 8 ,

of time of four business days

2006 , in which to file their reply in support of their Motion for

Summary Judgment. In support of this motion , the Freeborn Defendants state:

Case 1:01-cv-02315-LTB-CBS

Document 502

Filed 01/31/2006

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Pursuant to the Court' s Order dated December 14 2005 , the Freeborn Defendants

filed their Motion for Summary Judgment on December 29 2005. Plaintiff filed his response on
January 18 ,

2006 , and the Freeborn Defendants ' reply brief therefore is due on February 2 2006.

The attorneys for the Freeborn Defendants have been diligently working
drafting the reply brief. However ,

on

due to the press of other business , they require a short

extension of time in which to file the reply. Specifically, the undersigned was required to be out

of town for most of the previous week taking a three- day deposition that was ordered by the
court to be completed by January 27 , and is also required to be out of town for portions of this

week due to other business. As a result , the Freeborn Defendants request an additional four
business days in which to file their reply brief. The Freeborn Defendants have not requested any
other extension of time with respect to this reply brief.

A trial date has not been set in this case , and there are no other pending deadlines.
As a result , no prejudice will be caused by the requested extension.

Pursuant to Local Rule 7. 1(A), the undersigned has conferred with counsel for
Plaintiff via telephone concerning the relief requested in this Motion. Plaintiff does not obj ect
the relief requested.

Pursuant to Local Rule 6. 1(D), as set forth in the Certificate of Service , a copy of
this Motion has been served on all attorneys of record and on the undersigned' s clients.
WHEREFORE , the Freeborn Defendants request that their motion be granted and

order entered granting them through and including February 8 , 2006 , in which to file their reply
in support of their Motion for Summary Judgment.

Case 1:01-cv-02315-LTB-CBS

Document 502

Filed 01/31/2006

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Dated this 31 st day of January, 2006.

sf Carolyn 1. Fairless Carolyn 1. Fairless

LLP 1801 California Street , Suite 3600 Denver , CO 80202
Wheeler Trigg Kennedy

Fax: fairless~wtklaw.
E-mail:

Telephone: (303) 244- 1800 (303) 244- 1879

com

Michael Sabian ,

Attorney for Defendant Freeborn & Peters Darwin 1. Poyfair

Case 1:01-cv-02315-LTB-CBS

Document 502

Filed 01/31/2006

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CERTIFICATE OF SERVICE

(CM/ECF)

I hereby certify that on January 31 , 2006 , I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Ann H. Cisneros acisneros~lindquist. com stoms~lindquist. com Herbert Anthony Delap cdelap~duffordbrown. com Carolyn J. Fairless fairless~wtklaw. com hart~wtklaw. com Furgason dfurgason~duffordbrown. com Theodore James Hartl thartl~lindquist. com lri ppe~lindquist. com
David W.

James R. Leone j rleoneattorney~yahoo. com

Michael L. O' Donnell odonnell~wtklaw. com pointer~wtklaw. com John C. Smiley j smiley~lindquist. com stoms~lindquist. com

Julie M. Walker
walker~wtklaw. com mcguire~wtklaw. com

document to the following non

I hereby certify that manner indicatedmailed or served the on , I have by the nonparticipant in the
CMF/ECF

participant's name:

Via US. Mail W. Jeffrey Mann 419 Abbeyridge Court Ocoee , FL 34761
Carolyn 1. Fairless by Janean C. Hart Carolyn 1. Fairless Attorney for Defendant Freeborn & Peters Michael Sabian , Darwin 1. Poyfair Wheeler Trigg Kennedy LLP 1801 California Street , Suite 3600 Denver , CO 80202
sf

Fax: fairless~wtklaw.
E-mail:

Telephone: (303) 244- 1800 (303) 244- 1879

com