Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

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

Document 145

Filed 07/02/2007

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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' MOTION TO EXCEED PAGE LIMIT FOR MOTION FOR SUMMARY JUDGMENT with Proposed Order

Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta, (hereinafter collectively "Defendants"), by and through their counsel, Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., hereby respectfully submit this Motion to Exceed Page Limit for Motion for Summary Judgment, and as grounds as follows: 1. This Court's Practice Standards for Civil Actions establish a twenty (20)

page limit on motions for summary judgment. See REB Civ. Practice Standard V.I.4. Defendants respectfully request leave of this Court to file the accompanying Defendants' Motion for Summary Judgment which is thirty-one (31) pages. 2. Defendants submit that an oversize motion for summary judgment is

necessary and fully justified in this matter for several different reasons. First, Plaintiff's remaining 42 U.S.C. § 1983 First Amendment retaliation claim is against eight individual

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Defendants. These Defendants have filed a combined motion for summary judgment for ease of the parties and this Court. Second, Plaintiff alleges twenty-eight (28)

separate and discrete events constitute the retaliatory conduct by these Defendants. As a result, setting forth the material undisputed and admitted facts in the motion for summary judgment consists of ten (10) pages. Third, analysis of the Plaintiff's

allegations of retaliatory conduct against each of the eight individual Defendants required separate application of the facts related to each Defendant to the applicable law. The analysis section of the motion for summary judgment consists of seventeen (17) pages. Based on these considerations, Defendants respectfully suggests the

length of the Defendants' Motion for Summary Judgment is necessary to allow this Court to make an informed decision about the issues presented. Counsel for the

Defendants has attempted to present the Defendants' summary judgment arguments in as concise a fashion as possible but believes the presentation in the accompanying motion is both necessary and warranted in this case. Finally, Defendants have no objection to the Plaintiff submitting an oversize response to the Defendants' Motion for Summary Judgment given the nature of the factual predicate and applicable analysis. 3. Pursuant to D.C.Colo.LCiv. R. 7.1(A), counsel for the Defendants is

required to confer with counsel for the Plaintiff regarding this Motion. Prior to filing this Motion, counsel for the Defendants attempted to contact counsel for the Plaintiff, Dennis W. Hartley, Esq. The undersigned counsel left a telephone voice mail message for Mr. Hartley and sent him an email both on July 2, 2007. Mr. Hartley had not responded to the undersigned counsel's efforts to contact him by the time it became necessary to file

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this Motion with this Court so the Plaintiff's position with respect to this Motion remains unknown. WHEREFORE, for all of the foregoing reasons, Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta respectfully request this Court grant them leave to file a motion for summary judgment in excess of twenty (20) pages and accept the contemporaneously filed Defendants' Motion for Summary Judgment for filing with the Court, and for all other and further relief as this Court deems just and appropriate. Dated this 2nd day of July, 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 Phone: (303) 628-3300 Fax: (303) 293-3238 [email protected] ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 2nd day of July, 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. Dennis W. Hartley, P.C. 1749 South 8th Street, Suite 5 Colorado Springs, CO 80906 [email protected]

s/Marlene Wilson, Secretary Andrew D. Ringel, 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] ATTORNEYS FOR DEFENDANTS

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