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

Case 1:00-cv-02098-REB-MJW

Document 244

Filed 09/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02098-REB-MJW ________________________________________________________________ KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant. ________________________________________________________________________ UNOPPOSED MOTION FOR 3-DAY EXTENSION TO FILE DEFENDANT'S REPLY BRIEF ________________________________________________________________ Defendant, Prudential Property and Casualty Insurance Company ("Prupac"), by its attorneys, Campbell, Latiolais & Ruebel, P.C., and Bryan Cave, LLP, hereby moves this Court for a three day extension of time, up to and including September 13, in which to file its reply brief to Plaintiffs' Response To Defendant's Motion For Partial Summary Judgment (Doc. # 239). 1. Rule 7.1 Certification. The undersigned represents that he has

conferred with Plaintiffs' counsel prior to filing this motion, and Plaintiff has no objection to the relief requested. 2. Defendant's Reply to Plaintiff's Response to Defendant's Motion

For Partial Summary Judgment is due Monday, September 10, 2007.

Case 1:00-cv-02098-REB-MJW

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3.

Defendant requests an additional 3 days, until September 13, 2007,

in which to file its reply brief. This extension is necessitated by the fact that Defendant's principal overseeing this case has been traveling extensively around the country for other trials, and has been unavailable to meet with undersigned counsel to discuss Plaintiff's response brief, and review and finalize the reply brief. A meeting has been scheduled for September 11 for that purpose, after which counsel can finalize the brief for filing with the Court. Prupac was sold in 2003, and this individual is the sole remaining person overseeing this litigation. 3. This short, 3-day extension would not prejudice any of the parties,

nor unduly delay the Court's ability to review the pleadings in advance of trial. Plaintiff requested, and received, a 15-day extension to file her response brief.

WHEREFORE, for the reasons set forth above, the Defendant respectfully requests an order extending the time for filing its reply brief to Plaintiff's Response To Defendant's Motion For Partial Summary Judgment by three days, up to and including September 13, 2007.

Respectfully submitted this 6th day of September, 2007.

CAMPBELL, LATIOLAIS & RUEBEL, P.C.

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Case 1:00-cv-02098-REB-MJW

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By: __/s/ Clifton J. Latiolais, Jr.___ Clifton J. Latiolais, Jr., #13765 825 Logan Street Denver, Colorado 80203-3114 (303) 861-7760 (phone) (303) 861-7767 (fax) BRYAN CAVE, LLP Bruce C. Oetter 211 N. Broadway, Suite 3600 St. Louis, MO. 63102-2750 (314) 259-2000 (phone) Attorneys for Defendant

CERTIFICATE OF SERVICE I hereby certify that on this 6th day of September, 2007, a true and correct copy of the foregoing UNOPPOSED MOTION FOR 3 DAY EXTENSION TO FILE DEFENDANT'S REPLY BRIEF was served on Defendant Prudential Property & Casualty Insurance Company, at the address below, by U.S. Mail, and filed and served electronically via CM/ECF to the following:

Defendant Prudential Property & Casualty Insurance Company Mr. Vincent Cafaro 200 Wood Avenue South Iselin, New Jersey 08830-2706 L. Dan Rector, #7568 Franklin D. Azar & Associates, P. C. 5536 Library Lane Colorado Springs, CO 80918 (719) 527-8000 3

Case 1:00-cv-02098-REB-MJW

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Robert B. Carey, #1717 Leif Garrison, #14394 Steve W. Berman, c/o The Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80909

s/ Denise L. Albares

/s/Denise L.Albares______

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