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

Case 1:01-cv-02299-PSF-BNB

Document 258

Filed 01/30/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01 - F - 2299 (BNB) F. DAVID SLUSHER and KEY KIPLING, Plaintiffs, v. JOHN W. SUTHERS, et al., Defendants. STATE DEFENDANTS' MOTION FOR EXTENSION OF TIME Comes now Deponent Dr. Anita Bloor by and through counsel for Defendant Department of Corrections, Edward T. Farry, Jr. and respectfully requests and extension of time within which to answer the interrogatories served on or about January 20, 2006as grounds therefor states as follows: 1. The Court entered an order on January 3, 2006 [Doc. 257] allowing Plaintiff to

propound 10 interrogatories upon Anita Bloor, MD because although she is not a party to this case, she has submitted an affidavit as to Plaintiff's medical condition and her knowledge thereof. The Court order stated the interrogatories were to be answered within 10 days of service of same. 2. 3. Dr. Bloor presently works at the Limon Correctional Facility in Limon, Colorado. The incidents to which Plaintiff refers in his interrogatories occurred when

Plaintiff was incarcerated at the Limon Correctional Facility.

Case 1:01-cv-02299-PSF-BNB

Document 258

Filed 01/30/2006

Page 2 of 3

4.

Plaintiff has since been reassigned to the Freemont Correctional Facility in Canon

City, Colorado. Consequently Plaintiff's medical records have been moved to the facility in Canon City as well. 5. In order for Dr. Bloor to answer some of the questions propounded by Plaintiff

she needs access to his medical records, which were moved with him to the facility in Canon City. A request for these records was made immediately and we believe Dr. Bloor to be in or will soon be in possession of the copies of the medical records. 6. While every effort is being made to move this matter along expeditiously the time

in requesting, copying and delivering the medical records from one facility to another has necessitated a request for an additional short period of time to comply with Plaintiff's request. WHEREFORE, counsel for the Defendants requests on behalf of Dr. Bloor for an additional 10 days up until and including February 9, 2006 to respond to Plaintiff's interrogatories to Dr. Bloor. Respectfully submitted January 30, 2006. FARRY and RECTOR, L.L.P. s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for State Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

Case 1:01-cv-02299-PSF-BNB

Document 258

Filed 01/30/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 30, 2006, a copy of the foregoing Motion for Extension of Time was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: F. David Slusher DOC #44260 Fremont Correctional Facility P.O. Box 999 Canon City, CO 81215

Joan E. Bailey Original Copy signed by Joan E. Bailey is on file with Farry and Rector, L.L.P.