Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:01-cv-00413-JLK-BNB

Document 292

Filed 11/02/2007

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I N T HE U NITED S TATES D ISTRICT C OURT F OR T HE D ISTRICT O F C OLORADO Civil Action No. 01-cv-0413-JLK M.D. MARK, INC. Plaintiff, vs. KERR-McGEE CORPORATION and ORYX ENERGY COMPANY, Defendants.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE REPLY BRIEF IN SUPPORT OF RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO RULE 50(b) OR ALTERNATIVELY, MOTION FOR NEW TRIAL, FOR REMITTITUR, AND/OR TO ALTER AND AMEND THE JUDGMENT PURSUANT TO RULE 59 AND 59(e) Defendants Kerr-McGee Corp. and Oryx Energy Co. (collectively, "Defendants") hereby submit this Unopposed Motion to extend the deadline to file a reply brief in support of Defendants' Rule 50(b)/New Trial/Rule 59 Motion. In support of this Unopposed Motion, Defendants state as follows: 1. Defendants filed their Rule 50(b)/New Trial/Rule 59 Motion on October

12, 2007. Plaintiff filed its Response on November 2, 2007, after receiving a 5-day extension of time, which Defendants did not oppose. The current deadline for Defendants' reply brief is Monday, November 19, 2007.

Case 1:01-cv-00413-JLK-BNB

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2.

Defendants request that the reply deadline be extended through and

including November 30, 2007. Lead counsel for Defendants with respect to post trial motions has four oral arguments during the month of November. 3. Defendants have not requested any other extensions of time related to

their Rule 50(b)/New Trial/Rule 59 Motion, or any other post trial briefing. WHEREFORE, Defendants respectfully request that the Court GRANT their Unopposed Motion and ORDER that Defendants may file a reply brief in support of their Renewed Motion for Judgment as a Matter of Law or Alternatively, Motion for New Trial, For Remittitur, and/or to Alter or Amend Judgment Pursuant to Rule 50 and 59(e) on or before November 30, 2007.

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November 2, 2007. Respectfully submitted,

s/M. Antonio Gallegos____________ Scott S. Barker Gregory E. Goldberg M. Antonio Gallegos H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8513 Fax: (303) 975-5416 [email protected] [email protected] [email protected] Marie R. Yeates Vinson & Elkins LLP 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Phone: 713.758.4576 Fax: 713.615.5544 [email protected] A TTORNEYS F OR D EFENDANTS

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CERTIFICATE OF CONFERENCE ­ D.C.COLO.LCivR 7.1 Undersigned counsel certifies that he conferred with Plaintiff's counsel regarding this Motion. Plaintiff's counsel stated that Plaintiff does not oppose Defendant's request for an extension of time through and including, November 30, 2007. Dated: November 2, 2007.

s/M. Antonio Gallegos___________

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Certificate Of Service I hereby certify that, on November 2, 2007, I electronically filed the foregoing document with the Clerk of Court using CM/ECF system which will serve such filing by e-mail to: Harlan P. Pelz Daniele W. Bonifazi Pelz, Bonifazi & Inderwish [email protected] [email protected] A copy was also served by U.S. Mail and electronic mail on Russ Miller Senior Counsel Anadarko Petroleum Corporation PO Box 1330 Houston, TX, 77251-1330 [email protected]

s/Randi L. Dixon
3785638_1.DOC

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