Free Motion for Extension of Time to File Answer - District Court of Colorado - Colorado

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

Document 105

Filed 09/29/2006

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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 ANSWER

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 Time to File Answer, as follows: 1. On September 21, 2006, this Court issued an Order Adopting

Recommendation of United States Magistrate Judge, granting in part and denying in part the Motion to Dismiss filed by the Defendants. 2. Defendants' answer to the remaining claims is currently due to be filed on

October 5, 2006. 3. The undersigned counsel will be out of town the week of October 2 to

October 6, 2006, and has been unable to gather sufficient information to prepare an answer prior to leaving town.

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

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4.

Defendants therefore request an extension of two weeks, up to and

including October 19, 2006, in which to file their answer to the remaining claims. 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, Betty Fulton, Paul Carreras, Connie Davis, Ken Maestas, Joseph Garcia, and David Archuleta respectfully request that this Court grant them an extension of two weeks, up to and including October 19, 2006, in which to file their answer to the remaining claims in this matter.

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

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Dated this 29th day of September, 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, BETTY FULTON, PAUL CARRERAS, CONNIE DAVIS, KEN MAESTAS, JOSEPH GARCIA, AND DAVID ARCHULETA

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

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 29th day of September, 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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