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

Case 1:01-cv-00275-JLK

Document 798

Filed 01/23/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-cv-0275-JLK-CBS DOMINICK PAOLONI, et al., Plaintiffs, v. DONALD I. GOLDSTEIN, et al., Defendants. NBSA, LLC, et al., Relief Defendants. _________________________________________________________________________ THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION FOR SUMMARY JUDGMENT _________________________________________________________________________ John P. Barbee, Chapter 7 Trustee of the Debtors ("Barbee"), 1 by and through his undersigned attorneys, submits this Third Unopposed Motion for Extension of Time to File Response to Motion for Summary Judgment, and states as follows: 1. On November 9, 2005, Plaintiffs, other than Barbee (collectively, the "Moving

Plaintiffs"), filed a Motion for Summary Judgment (the "Motion"). Responses to the Motion were due November 29, 2005, pursuant to D.C.Colo.L.Civ.R. 7.1.C.

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Reliance Financial & Investment Group, Inc., Reliance Administrators, Inc., The Reliance Program, Inc., Donald I. Goldstein, Paragon Capital Group, Inc., Tap Industries, Inc., New Wave Marketing Associates, Inc., Greystone Consulting Group, Inc., Gulfstream Funding Group, Inc., Winthrop Consulting Group, Inc., Madison Financial Systems, Inc. Jamie Goldstein and Patricia Goldstein (hereinafter collectively referred to as the "Debtors")

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Case 1:01-cv-00275-JLK

Document 798

Filed 01/23/2006

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2.

Barbee and the Moving Plaintiffs have reached a settlement with respect to the

interest asserted by Barbee in the proceeds of the tax refund that is the subject of the Motion. However, it is anticipated that approximately forty-five (45) days will be required in order for the parties to document the settlement and obtain the necessary approval from the Bankruptcy Court in which the Debtors' bankruptcy proceedings are pending. 3. Barbee requests that the Court set March 10, 2006, as his deadline for filing a

Response to the Motion. An extension of time will not prejudice any party nor affect any other deadlines in this case. Moreover, the settlement reached between Barbee and the Plaintiffs will significantly promote judicial economy for this Court and the Bankruptcy Court. Counsel for Barbee has conferred with counsel for Moving Plaintiffs, who is not opposed to such an extension. Barbee has filed a proposed order with this Motion.

WHEREFORE, Barbee respectfully requests that the Court enter its Order granting Barbee until March 10, 2006 to file his response to the Motion, and for such other and further relief as the Court deems just and proper.

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Respectfully submitted this 23rd day of January, 2006

s/ Brent R. Cohen Brent R. Cohen Rothgerber Johnson & Lyons LLP One Tabor Center, Suite 3000 1200 17th Street Denver, Colorado 80202-5855 Tel: (303) 623-9000 Fax:(303) 623-9222 E-mail: [email protected] AKERMAN SENTERFITT Las Olas Centre II, Suite 1600 350 East Las Olas Boulevard Fort Lauderdale, FL 33301-2229 Phone: (954) 463-2700 Fax: (954) 463-2224 Email: [email protected] Attorneys for John P. Barbee, Trustee

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Filed 01/23/2006

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CERTIFICATE OF SERVICE I hereby certify that on January 23, 2006, I electronically filed the foregoing Third Unopposed Motion for Extension of Time to File Response to Motion for Summary Judgment with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] and I hereby certify that I have mailed the Third Unopposed Motion for Extension of Time to File Response to Motion for Summary Judgment to the following non-CM/ECF participants by depositing same in the United States mail, postage prepaid, addressed to the following on January 23, 2006: Thomas B. Quinn, Esq. White & Steele 950 17th Street, 21st Floor Denver, Colorado 80202-2804 Robert S. Harrison, Esq. Matthew D. Klakulak, Esq. Robert Harrison & Associates, PLC 240 East Merrill Street Birmingham, Michigan 48009 Gary Hoskie Professional Consultants & Managers, Inc. 1706 Surfside Drive Hutchinson Island, Florida 34949 Mr. Iisadore Cohen 1920 East Hallandale Blvd., Suitet626 Hallandale, Florida 33009

s/ Carol Ealey 4
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