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

Case 1:01-cv-00318-REB-CBS

Document 125

Filed 09/06/2006

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Honorable Robert Blackburn United States District Judge Honorable Craig B. Shaffer United States Magistrate Judge

CIVIL ACTION NO. 01-CV-0318 RB-CBS CITY OF CREEDE, a Colorado Municipal Corporation, Plaintiff, -vsDENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION, a Colorado Not-For-Profit Corporation and DONALD H. SHANK, Defendants.

UNOPPOSED PLAINTIFF'S MOTION TO FURTHER ENLARGE TIME FOR RESPONSE TO COURT'S ORDER REQUIRING SUBMISSION OF JOINT STATUS REPORT Plaintiff, by its attorney, George M. Allen, hereby moves that the deadline for submission of a Joint Status Report be further enlarged to and including Monday, September 17, 2006. Grounds for this Motion are stated below. Local Rule 7.1 Compliance The undersigned has consulted with counsel for Defendants and I am authorized by them to state that this Motion is agreed to by Defendants.

Case 1:01-cv-00318-REB-CBS

Document 125

Filed 09/06/2006

Page 2 of 4

Grounds The undersigned has requested authorization from the City of Creede to enter into a stipulation to dismiss this matter with prejudice. That recommendation will be taken up by the Town Council of Creede at its meeting on Thursday, September 14, 2006. I am scheduled to be traveling to Denver on Friday, September 15, 2006. I have been advised by Creede Town Manager Clyde Dooley that he will advise me regarding Town Council action promptly on Friday, September15, 2006 and I shall prepare and submit a Joint Status Report or other appropriate document to the Court no later than Monday, September 18, 2006. Conclusion For the reasons stated above, we respectfully move that the Court enter an order enlarging the time for response and submission of a Joint Status Report to September 18, 2006. A proposed form of Order is being submitted with this Motion.

Respectfully submitted, s/ Geo. M. Allen ________________________________________ George M. Allen Counsel for Plaintiff

-2-

Case 1:01-cv-00318-REB-CBS

Document 125

Filed 09/06/2006

Page 3 of 4

CERTIFICATE OF SERVICE I hereby certify that I have at Telluride, Colorado, this 6th day of September, 2006, served a true copy of the documents denominated below on the parties and/or counsel listed below by the means of service shown below: Documents Served UNOPPOSED PLAINTIFF'S MOTION TO FURTHER ENLARGE TIME FOR RESPONSE TO COURT'S ORDER REQUIRING SUBMISSION OF JOINT STATUS REPORT Means of Service ( ) ( ) ( ) ( ) ( ) (X) facsimile (to Mr. Micklewright) Email to Messrs. Micklewright and Barnhart U.S. Mail, Postage Prepaid (to Messrs. Micklewright and Barnhart) Overnight Courier Hand Delivery Automatic service by the Court by means of ECF filing

Counsel Served Albert B. Wolf, Esq. Raymond P. Micklewright, Esq. WOLF & SLATKIN 44 Cook Street, Suite 1000 Denver CO 80206-5827 Telephone: 303-355-2999 Facsimile: 303-329-6826 W. Randolph Barnhart, Esq. HILLYARD & BARNHART 7887 East Belleview Ave., Ste. 1200 Englewood CO 80111 Telephone: 303-793-0700 Facsimile: 303-793-1950 Email: : [email protected] s/ Geo. M. Allen George M. Allen c:creede\2006-09-06.mtn -3-

Case 1:01-cv-00318-REB-CBS

Document 125

Filed 09/06/2006

Page 4 of 4