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

Case 1:01-cv-01857-RPM-MJW

Document 116

Filed 08/17/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-01857-RPM-MJW ATTORNEYS TITLE GUARANTY FUND, INC. as successor in interest and assignee of Joseph H. Fallon, IV Plaintiff, v. PROLAND MANAGEMENT, LLC; CRAIG NELSON; TOM WARNES; and ROBERT R. SURLES, Defendants.

THIRD MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT

Defendants Proland Management, LLC, Craig Nelson and Tom Warnes (the "Defendants") by their undersigned counsel, move the Court for an Order extending to and including August 19, 2005, the time within which may the Defendants may respond to Plaintiff's Motion for Summary Judgment As grounds for the relief requested, the Defendants state as follows: 1. The undersigned counsel hereby certifies that he has attempted to confer with counsel for Plaintiff and has been advised that Mr. Kristofco is out of the office until Friday, August 19, 2005, in depositions in another case. Based upon this fact, Defendants believe this motion will not be opposed, but cannot state that counsel for Plaintiff has consented to the relief requested herein. Undersigned counsel further submits that consultation with any other party is not necessary to or required for the relief requested herein. 2. No prejudice to any party will result from the brief extension of time sought herein.

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Case 1:01-cv-01857-RPM-MJW

Document 116

Filed 08/17/2005

Page 2 of 3

3. Defendant's response to Plaintiff's Motion for Summary Judgment is based, in part upon an Affidavit of Lee M. Kutner, Esq. Undersigned counsel has prepared and forwarded a proposed Affidavit to Mr. Kutner, after having assurance from Mr. Kutner that he would review, modify if necessary, and sign the Affidavit. However, Mr. Kutner has informed the undersigned counsel for Defendants that due to emergent demands of his other clients he has been and will be unable to attend to the Affidavit until Friday, August 19, 2005. 3. Although counsel has previously sought two extensions of time to respond to the Motion for Summary Judgment, the aggregate of the time sought in the prior motion and the time sought in this Motion is less than two weeks. Wherefore, the Defendants, by their undersigned counsel, move the Court for an Order extending to and including August 19, 2005, the time within which the Defendants may respond to the Motion for Summary Judgment. Dated: August 17, 2005 Respectfully submitted, THOMAS F. QUINN, P.C.

s/ Thomas F. Quinn By: ______________________________________ Thomas F. Quinn THOMAS F. QUINN, P.C. 1600 Broadway Ste 1675 Denver CO 80202 Telephone: 303.832.4355 Fax: 303.672.8281 Email: [email protected] Counsel for Defendants Craig Nelson Tom Warnes and Proland Management LLC

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Case 1:01-cv-01857-RPM-MJW

Document 116

Filed 08/17/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing THIRD MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT was served upon the Defendants by electronic transmission through the ECF filing system on this 15th day of August, 2005: BALDWIN & CARPENTER Stacy A. Carpenter, Esq. [email protected] Tory A. Riter, Esq. [email protected] s/ Deanna J. Staab __________________________________________

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