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

Case 1:01-cv-02056-JLK

Document 69

Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-cv-2056-JLK-MJW UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. d/b/a ACCESS AIR, an Idaho corporation, Plaintiffs, vs. PILATUS BUSINESS AIRCRAFT, LTD., a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD., a Swiss corporation; PRATT & WHITNEY CANADA, INC., a Canadian corporation; and DOES 1 through 500, Inclusive, Defendants.

DEFENDANT PRATT & WHITNEY CANADA'S UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE REPLY BRIEFS

Defendant Pratt & Whitney Canada Corp. ("PWC"), by its attorneys, moves the Court for an extension of time to and including December 6, 2005 within which the Defendants may file Reply Briefs in support of three motions, pursuant to Fed.R.Civ.P. 6(b) and D.C.COLO.LCivR 6.1, and as grounds therefor states as follows: 1. The Pilatus Defendants join in this Motion. Defendant PWC's attorneys have

conferred with Plaintiffs' attorneys before filing this motion in accordance with D.C.COLO.LCivR 7.1A and were advised that Plaintiffs do not object to the requested extension of time.

Case 1:01-cv-02056-JLK

Document 69

Filed 11/28/2005

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2.

Defendants request an extension of time within which they may file Reply Briefs

in support of three motions which are (1) Defendant Pratt & Whitney Canada's Motion for Reconsideration of February 28, 2005 Order and for Summary Judgment [Document 60], (2) Partial Summary Judgment Motion by Pilatus Defendants Re Negligence as a Matter of Law [Document 55], and (3) Summary Judgment Motion by Pilatus Defendants [Document 56]. PWC joined in the two motions of the Pilatus Defendants [Documents 62-1 and 63-1] and the Pilatus Defendants joined in PWC's motion [Document 64]. Plaintiffs filed responses to the Pilatus Defendants' motions on November 9, 2005 [Documents 66 and 67] and to PWC's motion on November 11, 2005 [Document 68]. Defendants' Reply Briefs in support of the Pilatus Defendants' motions are therefore due today, November 28, 2005, and their Reply Briefs in support of PWC's motion are due tomorrow, November 29, 2005. 3. Defendants respectfully request this extension of time to file their Reply Briefs in

support of these motions due to the Thanksgiving holidays and other business requirements. 4. This is the first extension Defendants have requested within to file Reply Briefs in

support of these motions. 5. Copies of this Motion have been served on PWC and all counsel of record in

accordance with D.C.COLO.LCivR 6.1.D. WHEREFORE, Defendant Pratt & Whitney Canada Corp. respectfully requests that the Court grant all Defendants an extension of time, to and including December 6, 2005, within

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Case 1:01-cv-02056-JLK

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Filed 11/28/2005

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which they may file Reply Briefs in support of their Motions. Respectfully submitted this 28th day of November 2005.

Thomas J. Byrne William White Byrne, Kiely & White, L.L.P. 1120 Lincoln Street, Suite 1300 Denver, CO 80203 Telephone: (303) 861-5511 Attorneys for Defendant Pratt & Whitney Canada Corporation

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Case 1:01-cv-02056-JLK

Document 69

Filed 11/28/2005

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CERTIFICATE OF SERVICE

I hereby certify that on this 28th day of November 2005 I caused the foregoing DEFENDANT PRATT & WHITNEY CANADA'S UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE REPLY BRIEFS to be served by electronically filing 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: Jon A. Kodani, Esq. Jeffrey J. Williams, Esq. LAW OFFICES OF JON A. KODANI [email protected] Robert B. Schultz, Esq. LAW OFFICES OF ROBERT B. SCHULTZ [email protected] and by electronic mail to: Mr. George Neufeld PRATT & WHITNEY CANADA CORP. [email protected]

/s/ Sheresa L. Tanner Byrne, Kiely & White, L.L.P. E-mail: [email protected]

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