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

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

Document 154

Filed 10/08/2007

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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' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT with Proposed Order

Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, David Archuleta, (hereinafter collectively "Defendants"), by and through their counsel, Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., hereby respectfully submit this Unopposed Motion for Extension of Time to Submit Reply Brief in Support of Motion for Summary Judgment, and as grounds as follows: 1. After receiving an extension of time, Plaintiff submitted his Response to Accordingly,

Defendants' Motion for Summary Judgment on September 24, 2007.

pursuant to the applicable Federal Rules of Civil Procedure and local rules of this Court, the Defendants' Reply Brief in Support of Motion for Summary Judgment is due on October 9, 2007. Counsel for the Defendants requires additional time to research and draft the Defendants' Reply Brief in Support of Motion for Summary Judgment and

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therefore the Defendants respectfully request an extension of fifteen (15) days until and including October 24, 2007, in which to file their Reply Brief in Support of Motion for Summary Judgment. No party will be prejudiced by this brief extension of time as evidenced by counsel for the Plaintiff's non-objection to this Motion. 2. First, Plaintiff's Response raises a variety of factual and legal issues that

require research by counsel for the Defendants to be addressed appropriately in the Defendants' Reply Brief. Second, in addition to the instant Reply Brief, counsel for the Defendants has had and has the following other commitments among other things: (a) oral argument in Michelle Tafoya v. Huerfano County Sheriff John Salazar, United States Court of Appeals for the Tenth Circuit, Case No. 06-1191, on October 4, 2007; (b) a motion to dismiss in Daryl Martin v. Crowley County Hearing Board et. al., District Court, Crowley County, State of Colorado, Case No. 07-cv-47, due on October 5, 2007; (c) extensive discovery responses in Aaron Spatziani v. Corrections Corporation of America et. al., United States District Court for the District of Colorado, Civil Action No. 07-cv-01254-RPM-MEH, due on October 3, 2007; (d) an Answer in James Taylor v. Joseph Ortiz et. al., United States District Court for the District of Colorado, Civil Action No. 05-cv-00574-WDM-MJW, due on October 3, 2007; (e) a Reply Brief in Support of Motion to Dismiss in Joseph Williams v. Patty Beecroft, M.D., United States District Court for the District of Colorado, Civil Action No. 07-cv-01737-LTB-MEH, due on October 12, 2007; (f) a Response to Motion to Stay Proceedings Regarding Defendants' Bill of Costs and Motion for Attorneys Fees Pending Appeal in Terri Crandall and Joann Hubbard v. City and County of Denver, District Court, City and County of Denver,

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Colorado, Case No. 03-cv-5186, due on October 12, 2007; and (g) a petition for writ of certiorari to the United States Supreme Court in Thomas Mink v. John W. Suthers et. al., United States Court of Appeals for the Tenth Circuit, Case No. 04-1496, due on October 17, 2007. Based on the foregoing, Defendants respectfully an extension until and including October 24, 2007, to submit the Defendants' Reply Brief in Support of Motion for Summary Judgment. 3. Pursuant to D.C.Colo.LCiv. R. 7.1(A), counsel for the Defendants

conferred with counsel for the Plaintiff, Michael Obernesser, Esq., prior to filing the instant Motion. Mr. Obernesser indicated Plaintiff does not oppose this Motion. WHEREFORE, for all of the foregoing reasons, Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, David Archuleta, respectfully request this Court grant them an extension of fifteen (15) days until and including October 24, 2007, to file their Reply Brief in Support of Motion for Summary Judgment, and for all other and further relief as this Court deems just and appropriate.

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Dated this 8th day of October, 2007 Respectfully submitted,

s/Andrew D. Ringel Andrew D. Ringel, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 [email protected] [email protected] 303-628-3300 ATTORNEYS FOR DEFENDANTS JOHN HYATT, ROBERT FAHEY, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, DAVID ARCHLETA,

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 8th day of October, 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: Dennis W. Hartley, Esq. [email protected]

s/Loree Trout, Secretary Andrew D. Ringel, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 303-628-3300 Fax: 303-293-3238 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS JOHN HYATT, ROBERT FAHEY, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, DAVID ARCHLETA,

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