Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-00568-LTB-PAC

Document 380

Filed 07/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-B-0568-LTB-PAC

CROSS COUNTRY LAND SERVICES, INC., a Texas corporation, Plaintiff, v. PB NETWORK SERVICES, INC., a Delaware corporation, PB TELECOMMUNICATIONS, INC., a Delaware corporation, LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company, KIEWIT NETWORK SERVICES CO., a Delaware corporation, and KIEWIT CONSTRUCTION CO., a Delaware corporation, Defendants, and PB NETWORK SERVICES, INC., a Delaware corporation, LEVEL 3 COMMUNICATIONS, LLC, a Delaware limited liability company, and KIEWIT NETWORK SERVICES CO., a Delaware corporation, Third-Party Plaintiffs, v. JAMES STEVENSON, WILLIAM STEVENSON, ED CROWSTON, and LARRY ORTH, Third-Party Defendants.

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME

COME NOW the defendants and object to Plaintiff's Motion for Extension of Time to File Objections to Defendants' Trial Exhibits for the following reasons:

Case 1:01-cv-00568-LTB-PAC

Document 380

Filed 07/08/2005

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1. Defendants do not oppose this motion as to any objection plaintiff may wish to make as to defendants' exhibit A63. 2. Defendants' contest plaintiff's statement, in the motion, that "objections to exhibits are presently due to be filed on July 5, 2005" for the reason set forth hereafter. 3. Defendants delivered its exhibits A through Z and A1 through A59 on May 20, 2005 and its exhibits A60 through A62 on June 7, 2005. 4. Rule 26(a)(3) provides that objections to exhibits shall be filed within 15 days after delivery unless otherwise ordered by the Court. 5. The pretrial order, as proposed by counsel for plaintiff, approved by counsel for the defendants and entered by the Court, provides: "The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served (by hand delivery or facsimile) no later than 11 days after the exhibits are provided." 6. On June 6, 2005 plaintiff's counsel was advised: "We understand you are asking for an extension until June 24 to exchange exhibits. That is acceptable to us. However, you have had the bulk of our exhibits since May 20, and the 11 day deadline for objecting has passed. Does that mean you do not have any objection to them?" To which plaintiff's counsel responded: "I have assumed that the 11-day period for the objections runs from the end of the period for the exchange of exhibits that, Court willing, will be June 24. I have not reviewed your exhibits as yet except to see that I will be offering several of the same exhibits." 7. On June 24, 2005 plaintiff's counsel stated in a letter: "All objections to each others' exhibits are due to be filed with the Court within 11 days of this date." To which defendants' responded, in writing, that defendants would not agree to an extension nor would it agree to waive any right it may have as a result of the plaintiff not timely objecting to any of the defendants' exhibits. 8. Defendants believe that plaintiff's statement to the Court "The objections to exhibits are presently due to be filed on July 5, 2005" is in error. Plaintiff's right to object, except as to exhibit A63 expired on June 1, 2005 as to exhibits A-Z and A1-A59 and expired on June 20 as to exhibits A60-A62. WHEREFORE, defendants request that the Court deny the plaintiff's motion for an extension of time in which to file its objections to defendants' trial exhibits except as to defendants' exhibit A63 which was delivered to plaintiff's counsel on June 24, 2005.

Case 1:01-cv-00568-LTB-PAC

Document 380

Filed 07/08/2005

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Dated this 8th day of July, 2005. Respectfully submitted, GRIMSHAW & HARRING, P.C. /s/ Richard L. Harring Richard L. Harring Philip M. Quatrochi 1700 Lincoln Street, Suite 3800 Denver, Colorado 80203 Telephone: (303) 839-3800 ATTORNEYS FOR DEFENDANTS LEVEL 3 COMMUNICATIONS, LLC AND PB NETWORK SERVICES, INC. AND THIRDPARTY DEFENDANTS PB TELECOMMUNICATIONS INC., KIEWIT CONSTRUCTION CO., AND KIEWIT NETWORK SERVICES CO.

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME was served via the District of Colorado's ECF system on the 8th day of July, 2005, to the following: Gregory C. Smith Fairfield and Woods, P.C. Wells Fargo Center, Suite 2400 1700 Lincoln Street Denver, CO 80203-4524 Martin Pedata 115 E. Indiana Ave. De Land, FL 32724 /s/ Terri K. O'Brien Assistant to Richard L. Harring