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

Case 1:01-cv-00799-PSF-MEH

Document 113

Filed 01/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. No. 01-cv-00799-PSF-MEH RITA BASTIEN, Plaintiff, v. THE OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SCHEDULING ORDER AND FOR TELECONFERENCE WITH THE COURT

Defendant, by its undersigned counsel, respectfully moves this Court for an extension of time to file the parties' joint scheduling order and for a teleconference with the Court to discuss the currently proposed trial date. The bases for this motion are as follows: The Court has set an anticipated trial date in this matter for June 25, 2007, and ordered the parties to submit a scheduling order consistent with that trial date by Friday, January 12, 2007. A status conference is currently scheduled for February 1, 2007. Claudia Kostel, counsel for Defendant, who has been involved with this case since 2001, will be trying this case with an attorney new to the Office of Senate Chief Counsel for Employment, Julia Perkins. Ms. Kostel, however, is pregnant and due to give birth on March 10, 2007. Ms. Kostel will be taking three months maternity leave (until approximately June 4), during which time she will be unavailable to participate in discovery and trial preparation. In light of the foregoing, defense counsel

Case 1:01-cv-00799-PSF-MEH

Document 113

Filed 01/11/2007

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requests a four-month postponement of the discovery schedule and trial date, and desires a teleconference with the Court to discuss that possibility. During their conversation January 10, 2007, about the matters to be included in the parties' joint scheduling order, counsel for both parties questioned the utility of submitting a scheduling order consistent with a June 25 trial date, given defense counsel's need for a later trial date. Given the nearing deadline of January 12 for submission of the parties' joint scheduling order, defense counsel seeks a brief extension of time for the parties' submission of the scheduling order until after the aforementioned teleconference with the Court can occur. John Evangelisti, counsel for Plaintiff, does not oppose Defendant's request for an extension of time for the parties' submission of the scheduling order or Defendant's request for a teleconference.

Dated: January 11, 2007

Respectfully submitted, /s/ Claudia A. Kostel Jean M. Manning Senate Chief Counsel for Employment Claudia A. Kostel Senate Senior Counsel for Employment Office of Senate Chief Counsel for Employment P.O. Box 77053 Washington, D.C. 20013 Telephone: (202) 224-5424 Facsimile: (202) 228-2557 Attorneys for Defendant, The Office of Senator Ben Nighthorse Campbell

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Case 1:01-cv-00799-PSF-MEH

Document 113

Filed 01/11/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 11th day of January, 2007, I sent a true and accurate copy of the foregoing Unopposed Motion for Extension of Time to File Scheduling Order and for Teleconference with the Court to the following attorney, through the Electronic Case Filing system.

John Evangelisti, Esq. [email protected] 1120 Lincoln Street, Suite 711 Denver, Colorado 80203 Attorney for Plaintiff, Rita Bastien /s/ Tonya Dixon Tonya Dixon

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