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

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

Document 229

Filed 08/01/2007

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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.

PLAINTIFFS' PARTIALLY OPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT Rule 7.1 Certification ­ Counsel for Plaintiffs has conferred with counsel for Defendant concerning this motion, and counsel for Defendant states that he does not oppose a five day extension of time.__________________________________ Plaintiff, KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, by and through her attorneys of record, The Carey Law Firm, submits the following Motion for Extension of Time to Respond to Defendant's Motion for Partial Summary Judgment: 1. Pursuant to this Court's Minute Order dated July 19, 2007,

(Document 228) Defendant's Motion For Partial Summary Judgment (Document 211), and Memorandum Brief in support thereto (Document 212), which was presented for filing March 9, 2007, were accepted for filing as of July 19, 2007.

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2.

Therefore, pursuant to that Order and D.C.COLO.LCivR 7.1C and

REB Civ. Practice Standard V.H.4.a, Plaintiffs' Response is currently due August 8, 2007. 3. However, the attorney primarily responsible for preparing the

response, Leif Garrison, will be out of the state on a long-planned family vacation during the period of July 28-August 12, 2007. Other members of Plaintiffs' firm are unable to prepare the response in his absence, as they are involved in writing and filing the Petition for Panel Rehearing in the 10th Circuit in Johnson v. Hartford Underwriters Ins. Co., No, No. 05-1442, due August 1, 2007; preparation and filing of the Petition for Writ of Certiorari in the Colorado Supreme Court in Civale v. State Farm Mut. Ins. Co., No. 07SC587, due August 8, 2007; and preparation of the Petition for Writ of Certiorari in the Colorado Supreme Court in Goodwin v. Homeland Central Ins. Co., No. 2005CA2038. 4. In addition, Plaintiffs' counsel has only recently (July 25th) been

able to conduct a supplemental deposition of Prudential's Rule 30(b)(6) designee, Gene Brown, regarding issues of ongoing bad faith and failure to pay benefits. That deposition was delayed beyond the deadline previously

established by the Magistrate Judge for completion of discovery due to the necessity of filing a Motion to Compel by Plaintiffs' counsel, which was granted. Insofar as Prudential's Motion for Summary Judgment alleges in pertinent part that the company cannot be liable under the post-reformation theories of breach of contract and bad faith, Plaintiff's counsel needs to receive a copy of the

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supplemental deposition, which was taken out of state, and integrate its contents into the Response to the Motion for Summary Judgment, which requires additional time as well. 5. Therefore, a brief, fifteen-day extension of time to file the Response

to Defendant's Motion for Partial Summary Judgment, to and including August 23, 2007, is requested. 6. None of the parties will be prejudiced by the relief requested herein

because these issues have been briefed previously before the court, and counsel for Defendant has stated that he does not oppose a five day extension of time. WHEREFORE, Plaintiffs request that this Court enter an order granting an extension of time to and including August 23, 2007, for Plaintiffs to file their Response to Defendant's Motion for Partial Summary Judgment.

Respectfully submitted this August 1, 2007.

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]

Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101

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L. Dan Rector
FRANKLIN D. AZAR & ASSOCIATES, PC

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on this August 1, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System, which will send notification to the following email addresses: [email protected] Additionally, a copy was mailed to the following: Kelly Fincher 436 Longleaf Ct. O'Fallon, IL 62269 s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]