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

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

Document 182

Filed 04/28/2006

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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. ________________________________________________________________________ DEFENDANT'S MOTION FOR EXTENSION TO FILE REPONSE BRIEF TO PLAINTIFF'S AMENDED MOTION FOR CLASS CERTIFICATION ________________________________________________________________________ Defendant, Prudential Property and Casualty Insurance Company, by its attorneys, Campbell, Latiolais & Ruebel, P.C., and Bryan Cave, LLP, hereby moves this Court for an extension of time, up to and including 20 days from the date of the Court's ruling on Plaintiff's Motion For Leave to Amend the Amended Complaint, in which to file its response to the Plaintiff's Amended Motion for Class Certification. As grounds therefore, Defendant states as follows: 1. In accordance with REB Civ. Practice Standard G.2., this request is

being filed more than 3 business days before May 4, 2006, the date the response to which the extension applies is due.

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

Document 182

Filed 04/28/2006

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2.

Contemporaneous with the filing of her Amended Motion For Class

Certification on April 4, 2006, Plaintiff filed a Motion For Leave to Amend the Amended Complaint. The requested amendment involved an expanded class definition, which new definition formed the basis for her class certification motion. 3. Defendant filed, on April 24, 2006, its Memorandum in Opposition to

Plaintiff's Motion for Leave to Amend the Amended Complaint. At the conclusion of that pleading, Defendant advised the Court of its intent to file this separate request for extension to respond to the class certification motion. 4. Prudential cannot respond meaningfully or efficiently to Fincher's

Amended Motion for Class Certification until it knows what class the Court will be considering whether to certify--the class as currently defined in the Complaint or the class as defined in Plaintiff's motion for leave to amend. For a number of the criteria of Rule 23, Fed. R. Civ. P., the specific reasons that certification is inappropriate will be different for the two definitions. Rather than needlessly cover both contingencies in what would be an excessively long and confusing brief, Prudential seeks an extension of its time to file an opposition until 20 days after the Court decides Plaintiff's motion for leave to amend. 5. Plaintiff refiled her class certification motion on April 14, pursuant to

this Court's Order. Defendant's response brief is currently due May 4, 2006. No previous extensions to respond to Plaintiff's Amended Motion for Class Certification have been requested.

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

Document 182

Filed 04/28/2006

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6.

Pursuant to Local Rule 7.1, the undersigned represents that he has

conferred with Plaintiff's counsel prior to filing this motion, and Plaintiff intends to oppose this requested extension.

Wherefore, for the reasons set forth above, the Defendant respectfully requests an order extending the time for filing its response to Plaintiff's Amended Motion for Class Certification to and including 20 days following this Court's ruling on Plaintiff's Motion to Amend the Amended Complaint.

Respectfully submitted this 28th day of April, 2006. CAMPBELL, LATIOLAIS & RUEBEL, P.C. 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

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

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of April, 2006, a true and correct copy of the foregoing DEFENDANT'S MOTION FOR EXTENSION TO FILE REPONSE BRIEF TO PLAINTIFF'S AMENDED MOTION FOR CLASS CERTIFICATION 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: Mr. Eugene Brown Defendant Prudential Property & Casualty Insurance Company 23 Main Street Holmdel, NJ 07733 THE CAREY LAW FIRM Robert B. Carey, #17177 L. Dan Rector, #7568 Leif Garrison, #14394 & HAGENS BERMAN, LLP Steve W. Berman, #12536 C/o THE CAREY LAW FIRM 2301 East Pikes Peak Colorado Springs, CO 80909

Courtesy copy to: Magistrate Judge Michael J. Watanabe United States District Court U.S. Courthouse, Room C-337 1929 Stout Street Denver, CO 80294

/s/Denise L.Albares______

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