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

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

Document 444

Filed 07/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-1807-MSK-MJW Bank One, Colorado, N.A., Bank One Trust Company, N.A. as Trustee of the Dora Lucille Jamison Trust and the Jamison Family Trust, Plaintiffs, v. Boulder Cleaners, Inc., C.V.Y. Corporation, d/b/a Your Valet Cleaners, 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.

C.V.Y. Corporation, d/b/a Your Valet Cleaners, Counterclaimant, v. Bank One, Colorado, N.A., Bank One Trust Company, N.A. as Trustee of the Dora Lucille Jamison Trust and the Jamison Family Trust, Counterclaim Defendants.

729007_1.DOC

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

Document 444

Filed 07/24/2006

Page 2 of 4

AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PENDING MOTIONS

Plaintiffs Bank One, Colorado, N.A. and Bank One Trust Company, N.A., hereby submit this Unopposed Motion for Extension of Time and state as follows: 1. Certification pursuant to D.C.COLO.LCivR 7.1(A). Undersigned counsel conferred with Michael Montgomery, attorney for Defendants, regarding the relief requested herein. Mr. Montgomery has no objection to the proposed extension of time. 2. On July 7, 2006 Defendants filed two motions captioned Motion for Leave to Assert Counterclaims for CERCLA 42 U.S.C. § 9613 Contribution Against Plaintiffs, and Motion for Reconsideration of the Court's Order Granting the Plaintiffs' Motion for Summary Judgment on Counterclaims Asserted by Defendant C.V.Y. Corporation. 3. Plaintiffs' responses to Defendants' motions are due July 27, 2006.

4. This Court's Order dated July 7, 2006 vacated the trial set for September 11, 2006, and further ordered Plaintiffs and Defendants and their respective insurers to attend either a private mediation or a settlement conference within 30 days of the date of the Order. 5. Mediation has been scheduled in this matter for August 9, 2006.

6. The parties intend to focus their efforts on settling this matter, and therefore have agreed to an extension of time until August 18, 2006 for Plaintiffs to respond to Defendants' motions. 7. In accordance with D.C.COLO.LCivR 6.1(D) , Plaintiffs' counsel has served a copy of this Motion upon her clients.

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

Document 444

Filed 07/24/2006

Page 3 of 4

WHEREFORE, Plaintiffs respectfully request this Court enter its Order granting Plaintiffs an extension of time through and including August 18, 2006 in which to file its responses to the aforementioned motions. July 24, 2006. Respectfully submitted, DAVIS GRAHAM & STUBBS LLP

By _____/s/ Laura Riese__________________ Laura J. Riese, #18,935 Jonathon Rauchway, #34,786 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400/Fax: (303) 893-1379 D.C. BOX NO. 03 ATTORNEYS FOR PLAINTIFFS

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

Document 444

Filed 07/24/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on July 24, 2006 I electronically filed the foregoing AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PENDING MOTIONS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Michael Montgomery, Esq. David C. Fawley, Esq. Montgomery, Kolodny, Amatuzio & Dusbabek LLP 475 Seventeenth Street, 16th Floor Denver, CO 80202 [email protected] Scott Jurdem, Esq. Buchanan, Jurdem & Cederberg, P.C. Eighteen Street Atrium 1621 18th Street, Suite 260 Denver, CO 80202 [email protected] and via electronic delivery to Frances L. Figetakis, Esq. First Vice President JPMorgan Chase & Co. Mail Code OH1-0152 1111 Polaris Parkway Columbus, OH 43271-0152 [email protected] Bank One Trust Company, N.A. Bradley J. Johnson Vice President & Asst. General Counsel JPMorgan Chase & Co. Office of the General Counsel P.O. Box 655415 Dallas, TX 75265-5415 [email protected] Bank One, N.A.

/s/ Brigid Bungum

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