Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:01-cv-01807-MSK-MJW

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Filed 09/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 01-MK-1807 (MJW) BANK ONE, NA, (Successor to Bank One, Colorado, N.A.) and BANK ONE TRUST COMPANY, N.A., as Trustee of the Dora Lucille Jamison Trust Plaintiffs, vs. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners and JOHNNY ON THE SPOT, INC. Defendants. _____________________________________________________________________ BOULDER CLEANERS, INC. and JOHN'S CLEANERS, INC. Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners Cross-Defendant.

UNOPPOSED MOTION TO EXTEND BRIEFING SCHEDULE _____________________________________________________________________ Cross-Plaintiffs, Boulder Cleaners, Inc. and John's Cleaners, Inc., by and through their attorneys, Scott Jurdem and the law firm of Buchanan, Jurdem & Cederberg, P.C. respectfully request that this Court grant their Unopposed Motion for a short extension of the briefing schedule originally set pursuant to this Court's September 14, 2007 Order Setting Deadline to Respond and Hearing (Document #493) because: 1. Pending before this Court are both the Joint Motion for Filing Exhibit 1 to the

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Joint Motion for Approval of Settlement Agreement Under Seal (Document #489) and the Joint Motion for Approval of Settlement Agreement With Contribution Protection (Document #492). 2. By these motions, Plaintiffs and Defendants are seeking to deny Cross-

Plaintiffs access to the Settlement Agreement while asking the Court to specifically find that: A. The Settlement Agreement was reached in good faith following arm's-length negotiations among the signatories; The Settlement Agreement meets the standards of fairness, reasonableness, and faithfulness to the statutory objectives of CERCLA that is required of CERCLA settlements and: All contribution claims against the settling Defendants relating to any matter addressed in the (secret) Settlement Agreement, whether asserted or not asserted by any third parties whether arising under CERCLA or state law, are hereby barred.

B.

C.

3.

The Order Setting Deadline to Respond and Hearing (Document #493)

ordered Cross-Plaintiffs to file a Response to the Joint Motion in which Plaintiffs and Defendants seek the entry of the Orders specifically set forth above by noon on Thursday, September 20, 2007, within three and a half business days and without access to or knowledge of the contents of the Settlement Agreement in relation to which the specific substantive findings requested were being sought. 4. Cross-Plaintiffs were ordered to submit a Response to the Joint Request for

a specific finding barring all contribution claims against Defendants CVY Corporation and Johnny on the Spot, Inc. "relating to any matter addressed in the Settlement Agreement" 2

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without having any access to the Settlement Agreement and without the slightest idea of its contents. Cross-Plaintiffs respectfully suggest that a competent substantive Response to the joint request for an Order of this significance when impaired by a blindfold of this type is not possible. 5. In an effort to resolve the difficulties created by this set of unusual

circumstances, undersigned counsel and counsel for settling Defendants have conferred extensively in a cooperative fashion and are hopeful that they will be able to resolve this impasse. 6. Both sides now anticipate a likely scenario in which Cross-Plaintiffs counsel

will be provided access to the Settlement Agreement pursuant to a mutually agreeable Protective Order. 7. Counsel for settling Defendants has been diligently conferring with his clients

and their representatives and is hopeful that he will be able to provide Cross-Plaintiffs counsel with access to the Settlement Agreement on terms and conditions that he has been authorized to present to Cross-Plaintiffs. 8. Presuming that opposing counsel will be able to reach a reasonable

agreement in relation to which Cross-Plaintiffs will be provided access to the Settlement Agreement pursuant to the terms of a Protective Order, undersigned counsel will withdraw any opposition to the Joint Motion to File the Settlement Agreement Under Seal (Document #489). 9. Once access to the underlying Settlement Agreement is provided, counsel

for Cross-Plaintiffs will be in a position to provide an informed, knowing and intelligent response to Plaintiffs and Defendants joint request for the entry of the three specific 3

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substantive findings set out above and in the proposed Order Approving Settlement Agreement With Contribution Protection (Document #492-2). 10. Without access to the Settlement Agreement itself, it is impossible for Cross-

Plaintiffs' counsel to take an informed position or submit an intelligent response to the Joint Request for the entry of such an Order. 11. Anticipating that access to the Settlement Agreement will be provided, Cross-

Plaintiffs' counsel respectfully seeks an extension of time until October 2, 2007 to submit a substantive Response to the Joint Motion for Approval of Settlement Agreement With Contribution Protection (Document #492). 12. Undersigned counsel will be out of town during some of this time which is,

in any event, a relatively short period within which to review and digest the substantive material, conduct the necessary legal research, perform the necessary analysis and respond substantively to Plaintiffs and Defendants joint request for the entry of the specific findings contained in the proposed Order for Approval of the Settlement Agreement With Contribution Protection. 13. In the alternative, if Cross-Plaintiffs and settling Defendants, through counsel,

are unable to reach agreement on the terms of a reasonable Protective Order, undersigned counsel respectfully requests an extension of time to submit appropriate pleadings in relation to this issue no later than October 2, 2007. CERTIFICATION OF COMPLIANCE WITH D.C.COLO.L.R. 7.1(A) Undersigned Cross-Plaintiffs' counsel hereby certifies compliance with

D.C.COLO.L.R. 7.1(A). Undersigned counsel has conferred on a regular basis with attorneys for both settling Defendants and Plaintiffs since September 14, 2007, and after 4

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discussion of this request, certifies that neither counsel has any objection to the extension of the briefing schedule requested herein. WHEREFORE, Cross-Plaintiffs respectfully request that the Court grant this Unopposed Motion to Extend the Briefing Schedule and to allow pleadings to be submitted by Cross-Plaintiffs in relation to these issues on or before October 2, 2007. DATED this 19th day of September, 2007. Respectfully submitted, s/ Scott Jurdem Scott Jurdem, No. 7840 BUCHANAN, JURDEM & CEDERBERG, P.C. Eighteenth Street Atrium 1621 18th Street, Suite 260 Denver, Colorado 80202 Telephone: (303) 297-2277 Facsimile: (303) 297-2233 E-Mail: [email protected] [email protected] ATTORNEYS FOR CROSS-PLAINTIFFS BOULDER CLEANERS, INC. & JOHN'S CLEANERS, INC. CERTIFICATE OF SERVICE I hereby certify that on September 19, 2007, 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: Max K. Jones , Jr [email protected],[email protected] Scott Jurdem [email protected],[email protected] C. Michael Montgomery [email protected],[email protected],[email protected] Jonathan William Rauchway 5

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[email protected],[email protected] Laura J. Riese [email protected],[email protected]

s/ Susan M. Avery Susan M. Avery BUCHANAN, JURDEM & CEDERBERG , P.C. 1621 18th Street, Suite 260 Denver, CO 80202 Telephone: (303) 297-2277 Facsimile: (303) 297-2233 E-Mail: [email protected]

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