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

Case 1:01-cv-00083-REB-CBS

Document 345

Filed 10/27/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 01-cv-00083-REB-CBS STOCKMAN' WATER COMPANY, LLC, a Colorado limited liability company, S Plaintiff, and PETER HORNICK, an individual domiciled in New York, and AMERICAN WATER DEVELOPMENT, INC., a Colorado corporation, Intervening Plaintiffs, v. VACA PARTNERS, L.P., a Delaware limited partnership, FARALLON CAPITAL MANAGEMENT, LLC, a Delaware limited liability company, and JASON FISH, a California resident, as an individual, Defendants. _____________________________________________________________________ ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL _____________________________________________________________________ Blackburn, J. The matter before me is plaintiff American Water Development, Inc.' Motion for s Extension of Time to File Notice of Appeal [#339], filed October 18, 2005. By this motion, plaintiff requests that I extend the deadline for filing a notice of appeal so that plaintiff may submit a Rule 60(b) motion in this court. Although I do not necessarily agree with plaintiff that any such extension of the appellate deadline is required,1

The requested extension is premised on the notion that my order dismissing this case on September 28, 2005, might be construed as a final judgment. However, since the dismissal was without prejudice, there was no final judgment in this court.

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Case 1:01-cv-00083-REB-CBS

Document 345

Filed 10/27/2005

Page 2 of 2

because defendants do not oppose the requested extension (see Defendants' Response to Motion for Extension of Time to File Notice of Appeal [#344], filed October 25, 2005), I will grant it out of an abundance of caution to preserve the parties' appellate rights, if any. THEREFORE, IT IS ORDERED as follows: (1) That the Motion for Extension of Time to File Notice of Appeal [#339], filed October 18, 2005, is GRANTED; and (2) That the time for filing a notice of appeal is hereby STAYED until such time as either the court issues an order on plaintiff' anticipated Rule 60(b) motion or the s case is otherwise reduced to final judgment. Dated October 27, 2005, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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