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

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

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Filed 02/09/2007

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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 FOR EXTENSION OF DISCOVERY AND DISPOSITIVE MOTIONS DEADLINES

Defendants John Hyatt, Robert Fahey, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta (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 Discovery and Dispositive Motions Deadline, as follows: 1. Defendants filed their Answer to Plaintiff's Complaint in this matter on

October 19, 2006. 2. On November 13, 2006, this Court conducted a Scheduling Conference

and set a discovery cut off date of February 13, 2007, and a dispositive motions deadline of March 12, 2007. 3. Plaintiff. On the same date, Defendants submitted written discovery requests to

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4.

On January 2, 2007, Plaintiff wrote to counsel for Defendants and stated

that he had been unable to submit his responses by the December 16, 2006 deadline in light of transfers within the Department of Corrections. 5. On January 11, 2007, counsel for Defendants responded to Plaintiff's

letter, expressing that Defendants had no objection to an extension of time to respond to their discovery requests, but asking that Plaintiff let them know when he would be able to complete his responses. Defendants specifically noted the impending discovery cut off date. 6. As of this date, Plaintiff has not provided any discovery responses and has

not responded to Defendants' request for information regarding when his responses will be provided. Defendants are presently attempting to confer with Plaintiff regarding this matter, but even if Plaintiff's discovery responses were received immediately, Defendants would not have sufficient time to prepare for and conduct Plaintiff's deposition prior to the February 13, 2007 discovery cut off date. 7. Defendants therefore request an extension of the discovery deadline to

allow them to conduct Plaintiff's deposition following receipt of Plaintiff's discovery responses. Defendants request that the discovery cut off be extended, for these

purposes only, to 30 days after they receive Plaintiff's discovery responses. Defendants further request that the dispositive motions deadline be extended to 30 days after Plaintiff's deposition has been taken. 8. 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

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incarcerated and is unavailable via telephone, and Defendants are therefore unaware of his position with respect to this Motion. 9. 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, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta respectfully request that this Court extend the discovery deadline in this matter for the sole purpose of allowing them to obtain Plaintiff's discovery responses and take his deposition, and extend the dispositive motions deadline accordingly. Dated this 9th day of February, 2007. 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, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, AND DAVID ARCHULETA

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 9th day of February, 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 Sterling Correctional Facility P.O. Box 6000 Sterling, Colorado 80751-6000 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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