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

Case 1:00-cv-02555-JLK-BNB

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Filed 03/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: 00-cv-2555-JLK-BNB PAMELA CLIFTON, Plaintiff, v. NURSE IONA EUBANK, in her individual capacity; OFFICER ANAYA, in her individual capacity; OFFICER WILKS, in her individual capacity, Defendants.

PLAINTIFF'S MOTION FOR BRIEF EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. § 1292(b) OF THIS COURT'S MARCH 8, 2006, ORDER AND DEFENDANT'S MOTION FOR RECONSIDERATION

Plaintiff, Pamela Clifton, by and through counsel, David A. Lane and Mari Newman of KILLMER, LANE & NEWMAN, LLP, submits this Motion for Extension of Time to Respond to Defendants' Motion for Certification Pursuant to 28 U.S.C. §1292(b) of this Court's March 8, 2006 Order and Defendant's Motion for Reconsideration, as follows: 1. Plaintiff's Response to Defendants' Motion for Certification Pursuant to 28

U.S.C. §1292(b) of this Court's March 8, 2006 Order is presently due on or before March 31, 2006. 2. Counsel for Plaintiff have been working diligently on Plaintiff's Response to

Defendants' Motion. However, counsel have been engaged in numerous and substantial commitments in other matters and require an additional two days within which to submit Plaintiff's Responses. Specifically, counsel for Plaintiff, David A. Lane, has been engaged in

Case 1:00-cv-02555-JLK-BNB

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substantial discovery, including numerous depositions in Robin Schiro v. The Board of County Commissioners of Lake County, Colorado, Civil Action No. 04-cv-01621-LTB-BNB and several state criminal court cases. Additionally, counsel for Plaintiff, Mari Newman, has been engaged in preparations for and argument at a hearing on Plaintiff's Motion to Compel Discovery in Monica Britton v. Car Toys, Inc., et al., Civil Action No. 05-cv-00726-WYD-PAC; preparations for and argument at a hearing on Defendants' Motion for Summary Judgment in Sheila Blackwell v. Marriott International, Inc., et al., Civil Action No. 04-cv-1741-ZLW-BNB; preparation for and the taking of the deposition of a named Defendant in the matter of Benu Amun-Ra and Sharon Summers v. Adecco, et al., AAA Case ID # 77-150-0046104 SHST (matter scheduled for Arbitration April 24, 2006-April 28, 2006); preparation for and attendance at a full-day mediation as well as substantial settlement negotiations in Glenn Ennis v. Baca Grande Property Owners Association, EEOC Charge No. 320-2005-03073C; and trial preparation in the matters of Darrell R. Hare v. Denver Merchandise Mart, Inc., et al., Civil Action No. 04-cv02416-PSF-MEH (trial scheduled for May 8, 2006-May 15, 2006) and Margaret Miales, et al. v. McDonald's Corporation of Colorado, Civil Action No. 03-cv-01118-WDM-CBS (trial scheduled for May 22, 2006-June 2, 2006). 3. Undersigned counsel has been experiencing computer difficulties this afternoon

which have also prevented the completion of the responses. 4. 5. matter. CERTIFICATION PURSUANT TO D.C. COLO.LR 7.1 No party will be prejudiced by the granting of this Motion. No previous extensions of this deadline have been sought or granted in this

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6.

Undersigned Counsel for Plaintiff certifies that pursuant to D.C. Colo. L.R. 7.1,

Sara J. Rich has conferred with Edmund Kennedy, counsel for Defendants, who stated Defendants are opposed to the granting of this Motion. WHEREFORE, Plaintiff respectfully moves the Court to grant her an extension of time within which to respond to Defendants' Motion for Certification Pursuant to 28 U.S.C. §1292(b) of this Court's March 8, 2006 Order, up to and including April 3, 2006. Respectfully submitted this 31st day of March 2006. KILLMER, LANE & NEWMAN, LLP s/David A. Lane _______________________________________ David A. Lane Mari Newman The Odd Fellows Hall 1543 Champa Street, Suite 400 Denver, Colorado 80202 (303) 571-1000 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on March 31st, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
·

Thomas J. Lyons [email protected]; [email protected];[email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Vincent M. Garvey U.S. Department of Justice Civil Division, Federal Programs Branch 901 E Street, N.W., #946 Washington, DC 20530

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Pamela Clifton 1550 S York St. Denver, CO 80210-2817

s/David A. Lane ________________________________