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

Case 1:01-cv-01315-REB-CBS

Document 93

Filed 08/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01315-REB-CBS LEONARD BALDAUF, Plaintiff,
v.

JOHN HYATT, et. al. Defendants.

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE OBJECTION TO MAGISTRATE JUDGE'S RECOMMENDATION

Defendants John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Joseph Garcia, Gary Carr, David Archuleta, Nard Claar, and Richard Harlan (collectively, "Defendants"), by and through their counsel, Andrew D. Ringel, Esq. and Gillian Dale, Esq. of Hall & Evans, L.L.C., pursuant to Fed. R. Civ. P. 6(b), submit this Motion for Extension of Time to File Objection to Magistrate Judge's Recommendation, as follows: 1. Complaint. 2. Following briefing on the Motion to Dismiss, on August 1, 2006, Magistrate On February 17, 2006, Defendants filed a Motion to Dismiss Plaintiffs

Judge Craig B. Shaffer issued an Order and Recommendation of United States Magistrate Judge (the "Recommendation"), recommending that the Motion to Dismiss be granted in part and denied in part.

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3.

Pursuant to 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b), Defendants

have ten days from service, or until August 11, 2006, to file any objections to the Recommendation. Defendants intend to file an objection to that portion of the

Recommendation recommending partial denial of the Motion to Dismiss. 4. Lead counsel for Defendants is out of the office the week of August 7,

2006, and will be returning to the office on August 14, 2006. Defendants therefore respectfully request an extension of one week, up to and including August 18, 2006, in which to file their objections to the Recommendation. 5. No hearings have been scheduled in this matter, and no party will be

prejudiced by this brief extension of time. 6. Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel has an

obligation to attempt to confer with the other parties prior to filing this Motion. Plaintiff is incarcerated and is unavailable via telephone, and Defendants are therefore unaware of his position with respect to this Motion. 7. Pursuant to D.C.COLO.LCivR 6.1(D), the undersigned counsel has served

a client representative with a copy of this Motion as indicated on the attached Certificate of Mailing. WHEREFORE, for all of the foregoing reasons, Defendants John Hyatt, Robert Fahey, Gary Neet, Gloria Masterson, Charles Tappe, Richard Martinez, Betty Fulton, David Roberts, Paul Carreras, William Zalman, Connie Davis, Patricia Romero, Ken Maestas, Joseph Garcia, Gary Carr, David Archuleta, Nard Claar, and Richard Harlan respectfully request that this Court grant them an extension of one week, up to and

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including August 18, 2006, in which to file any objections to the Order and Recommendation of United States Magistrate Judge issued August 1, 2006. Dated this 8th day of August, 2006. Respectfully submitted,

s/ Gillian Dale Andrew D. Ringel, Esq. Gillian Dale, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 [email protected] [email protected] 303-628-3300 phone 303-628-3368 fax ATTORNEYS FOR DEFENDANTS JOHN HYATT, ROBERT FAHEY, GARY NEET, GLORIA MASTERSON, CHARLES TAPPE, RICHARD MARTINEZ, BETTY FULTON, DAVID ROBERTS, PAUL CARRERAS, WILLIAM ZALMAN, CONNIE DAVIS, PATRICIA ROMERO, KEN MAESTAS, JOSEPH GARCIA, GARY CARR, DAVID ARCHLETA, NARD CLAAR, AND RICHARD HARLAN

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 8th day of August, 2006, 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: None and hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participant in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: Leonard Baldauf, #98415 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, CO 81034 Cathie Holst Legal Services State of Colorado, Department of Corrections 2862 South Circle Drive Colorado Springs, CO 80906

s/ Denise Gutierrez, Secretary Andrew D. Ringel, Esq. Gillian Dale, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 Phone: 303-628-3300 Fax: 303-293-3238 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS

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